Karnataka Court June 2011 Judgments

M/S. Agro Seeds Corporation and Others Vs. the State of Karnataka, by ...

Court: Karnataka

Reported in: 2011(4)KantLJ337; 2011(4)KCCR3001; 2012ILR(Kar)2325

(Prayer: Theses Petitions are filed under Articles 226 and 227 of the Constitution of India to quash the impugned notification dated 4.4.2009 vide Annexure-K issued by Respondent-1 as illegal and contrary to law and to direct the respondents to follow the procedure contemplated under the provisions of Karnataka Transparency in public procurements Act, 1999 for purchase and procurement of certified/TL seeds for the various departmental programmes of the Department of Agriculture for distribution to the small farmers and very small farmers in the State of Karnataka under the subsidy schemes.) 1. Petitioners are indulging in procuring agriculture seeds and supplying seeds of certified/TL Seeds to the State of Karnataka for various departmental programmes under subsidy scheme sponsored by the Central and State Government for distribution of quality seeds at a subsidised rates to small farmers throughout Karnataka. According to them, they were participating in the tender all these years. Bu...

Freny Rustumji and Others Vs. M/S. Rustumji Developments a Regd., Part ...

Court: Karnataka

(Prayer: This appeal is filed u/Order 43 Rule 1 (R) of the CPC against the order dated 17.1.2009 passed in OS.No.5163/2000 on the file of the V Addl. City Civil Judge, Bangalore City, (SCCH 13), Bangalore, rejecting the IA.XVI filed under Order XXXIX Rule IV 2A of CPC, praying to take action against the 2nd defendant for disobeying the order of this Court below passed on IA.I made on 30.1.2002 in the interest of justice.) 1. The plaintiffs in OS.No.5163/2000 have come up in this appeal impugning the one line order passed by the court below on IA.No.16 filed under Order 39 Rule 2A, CPC. 2. Brief facts leading to this appeal are as under:- Appellants herein who are plaintiffs in the court below filed a suit in OS.No.5163/2000 seeking specific performance of the agreement dated 31.3.1988 entered in to between them and defendants with reference to suit schedule properties. During the pendency of said proceeding, an order of temporary injunction was granted in favour of plaintiffs pursuant ...

The New India Assurance Company Limited Vs. Mini Badtol Dias and Other ...

Court: Karnataka Dharwad

1. This appeal is directed against the judgment and award dated 19.10.2005 passed by the Court of the I Addl. M.A.C.T., Karwar in M.V.C. No. 191/2003. The deceased Anklar @ Anand was knocked down by a bus, when he was on his way back from the work-place to his residence. For his death in the road traffic accident in question, the Tribunal has awarded a sum of Rs. 2,33,000/-, the break-up of which is as follows- Sl.No.ParticularsAmount (Rs.)1Loss of dependency2,08,000/-2Loss of love and affection 20,000/-3Funeral expenses 5,000/-  Total2,33,000/-2. The Insurance Company is in appeal before me. Sri V.R. Datar, the learned counsel for the appellant submits that the respondent Nos. 1 and 2 are the brothers of the deceased. As they were not dependent on the deceased, they are not entitled to be awarded any amount towards the loss of dependency and in any case, their entitlement could be only towards the loss of estate. In support of his submissions, he has relied on this...

Moula Sab and Others Vs. the Manager United India Insurance Co. Ltd., ...

Court: Karnataka

(This MFA Filed U/S 173(1) of MV Act against the Judgment and Award dated: 13.07.2009 passed in MVC No.2194/2008 on the file of the XIII Additional Judge, Court of Small Causes-15 and Member, MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) With the consent of learned Counsel for the parties, heard arguments for final disposal. 2. Learned Counsel appearing for the appellants/claimants submits that though the deceased Samsuddin was 20 years old, working as Draftsman Mechanic for Mandara Associates at Bangalore and drawing salary of Rs.5,000/- per month, the Tribunal has not awarded adequate compensation in favour of the claimants. 3. Learned Counsel appearing for Respondent No.1/Insurance Company submits that the Tribunal has awarded adequate compensation and there is no good ground for enhancement. 4. Perused the LCRs. 5. The claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the...

The Divisional Controller Ksrtc, Divisional Office Chikmagalur Vs. M. ...

Court: Karnataka

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to call for records on the file of Court of the Presiding Officer, Labour Court, Chikmagalur in respect of Reference No.42/2008 and etc.) 1. A Public Road Transport Corporation, aggrieved by the award dated 17.9.2009 in Reference No.42/2008 Annexure-A in so far as it relates to directing reinstatement of the respondent to the post of Conductor together with continuity of service and other consequential benefits and 40% backwages and further to treat the period of absence of 2 years 5 months as leave at credit, and if not to be treated as leave without pay. 2. Respondent, whilst a Conductor in the Chikmagalur depot of the petitioner-Corporation, when issued with an order of transfer dated 9.4.2005 posting him to serve at Sakleshpur depot, a distance of 15-20 kms. by road, failed to report to duty at the place of posting and remained absent thereafter, up-to 29.9.2007 following which, dis...

Parvati Guddapaur @ Tanvasi Vs. State of Karnataka, Department of Rura ...

Court: Karnataka Dharwad

(Prayer: This writ petition is filed praying to quash the order/notice dated 11.05.2011 issued by the 5th respondent produced as per Annexure - A as illegal and etc.,) 1. As the questions of facts and law involved in these petitions are similar, they are clubbed, heard together and are being disposed off by this common order. 2. The petitioners are all Anganawadi Workers. The petitioner in W.P. No. 63085/2011 and 63086/2011 are elected as the members of the Taluk Panchayath and the petitioner in W.P. No. 63087/2011 is elected as the member of the Grama Panchayath. They have called into question the orders issued by the Officers of the Department of Women and Child Department. The impugned orders require the petitioners to put in their resignation either for the post of Anganawadi Workers or for the membership of the local body. 3. Sri Rajashekhar Burji, the learned counsel for the petitioners submits that the petitioners are doing voluntary service, that they are not holding any ...

Champalal Bhandari Son of Late Bhimaraj Bhandari. Vs. Settappa Son of ...

Court: Karnataka

ORDER 1. People purchasing an agricultural land granted in favour of a person belonging to depressed class/scheduled caste community, should keep their eyes open and examine legally as to whether it is possible to get any right, title or interest in respect of such a land, more so when a purchaser who claims to have purchased such a piece of agricultural land viz., an extent of 4 acres in Sy No 22/2 of Channasandra village, Uttarahalli hobli, Bangalore south taluk in terms of sale deed dated 17-121994, where under the writ petitioner claims to have purchased an extent of 2 acres 5 guntas of land in this survey number, which was a land which had been originally granted as per the grant order dated 18-9-1944 issued by the sub-divisional officer in favour of one Shettappa belonging to depressed class and therefore has lost the land due to the orders passed by the Assistant Commissioner in the first instance under Section 5 of the Kamataka Scheduled Castes and Scheduled Tribes (Prohibition...

Murthy Son of Sri. Sanna NayakA. Vs. State of Karnataka

Court: Karnataka

1. This Criminal Petition is filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.271/2010 of Alur Police Station, Hassan, for the offences punishable under Sections 420, 494, 506 read with Section 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. 2. I have heard the learned counsel for the petitioner as well as the learned High Court Government Pleader. 3. I have perused the FIR. The contents of the FIR discloses that the Police Sub Inspector, Alur Police Station, has registered a case in Crime No.271/2010 against accused No.l-Leelavathi, accused No.Z-M'jrthy, accused No.3-Ramanayaka for the offences punishable under Sections 420, 494, 506 read with Section 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act on the complaint of one Rathna, daughter of Shekarnayak. It is alleged that accused No.2-Murthy had married Leelavathi and concealing this fact, he had married ...

The Chairman. Life Insurance Corporation of IndiA. and ors. Vs. Smt. G ...

Court: Karnataka

1. The respondent, G.Vasantha approached this Court, so as to assail the order passed by the appellants herein, terminating her agency. Simultaneously, an order was passed forfeiting the renewal commission earned by her. Writ Petition No. 5786/2010 filed by the respondent was partly allowed, inasmuch as, the forfeiture of renewal of commission was ordered to be set aside by a learned Single Judge of this Court, while disposing of Writ Petition.2010. It is the No.5786/2010. by an order dated 10.112 instant part of the order, which has been assailed by the appellants herein, through the present writ appeal. 2. In order to contend, that the respondent has been wrongfully granted the right to the commission earned by her. reliance has been placed on Life Insurance Corporation of India (Agents) Regulations. 1972 (hereinafter referred to as the 1972 Regulations'). Our attention was drawn to Regulation 19, which is being extracted hereunder: "19. Payment of commission on discontinuance of age...

Ambarasu at Ambarish, Son of Selvam. Vs. Sri H G Vijaya Kumar Son of . ...

Court: Karnataka

JUDGMENT 1. This appeal is by the claimant seeking for enhancement of compensation in respect of the injuries which he has sustained in a motor accident. 2. The tribunal by its impugned judgment and award dated 26.11.2005 passed in MVC No. 1689/05 has awarded total compensation of 3,75,000/- with interest at 6% p.a. from the date of the petition till realisation. 3. The brief facts of the case are :- The appellant-claimant is aged about 14 years. He was hale and healthy prior to the accident. On 26.11.2004 at about 7 a.m. while he was crossing Bangalore-Bellary road near Kogilu cross, the lorry bearing Regn.No.KA-04-D-6669 driven by its driver at a high speed in a rash and negligent manner came and dashed against him. On account of the impact, the claimant sustained grievous injuries on Ins both legs. He was immediately shifted to Victoria hospital where he took treatment for the injuries sustained for a period of 74 days. During the said period as the doctors came to the cot-elusion t...