Karnataka Court February 2012 Judgments

Dr.D.S.Aswath. Ias. Vs. State Represented by Superintendent of Police ...

Court: Karnataka

1. This petition is filed for quashing the first information report in Crime No.63/2011. registered for offences punishable under section 13(l)(d)(e) of the Prevention of Corruption Act. 1988. section 2 of the Forest (Conservation) Act, section 104 and 104(2) of the Karnataka Forest Act and sections 204. 405. 406, 463, 465, 468 and 471 r/w sections 423 and 120B IPC and the reference under section 156(3) Cr.P.C, made in PCR No.27/2011 by the learned Special Judge as they relate to petitioner. 2. I have heard Sri L.M.Chidanandayya, learned counsel for petitioner, Sri S.G.Rajendra Reddy, learned counsel for respondents I & II and III respondent/Sri T.J.Abraham, party-in-person. 3. lite brief facts necessary for decision of this petition are as follows:- The petitioner was the Managing Director of M/s. Mysore Minerals Limited (hereinafter referred to as "MML") from 25.08.2003 to 14.04.2004. The Government of Karnataka vide G.O.No.CI 164 MMM 2006 dated 12.03.2007, made a reference under...

The Divisional Manager, National Insurance Co., Ltd., Vs. P. Krishna R ...

Court: Karnataka

(Prayer: This MFA filed under Section 30(1) of W.C Act against Judgment dated 31/07/2008 passed incase NO. KAACHI/KANAPA/NF/CR-224/2006 on the file of the Labour Officer and Commissioner for Workmen compensation, Chitradurga District, Chitradurga awarding a compensation of Rs. 1,71.234/- with interest @ 12% p.a.) 1. The following questions are referred to this Bench for determination: 1) Whether an insurance company can be fastened with the liability to pay compensation to a person, who was working as a conductor in a bus, conductor’s license having expired and having not been renewed on the date of occurrence of the accident and sustaining of injury/permanent disability? 2) Whether the judgment dated 1/08/2010 passed in MFA. 2570/2005 is per incuriam? 2. The brief facts leading to the reference are as under:- The second respondent herein is the owner of the stage carriage bus bearing registration No.KA-16-774. He employed the first respondent as a conductor of the vehicle. On 19...

M/S. Hegde Motor Transport Vs. the Assistant Provident

Court: Karnataka

Reported in: 2012(5)KLJ11

(Prayer: This writ petition is filed under articles 226 and 227 of the constitution of India praying to quash the impugned order dated. 22.2.11 vide annexure to this W.P. passed in ATA No. 712 (6)/2006 by the Honorable EPF Appellate Tribunal, New Delhi. And etc.,) 1. Petitioner, Proprietorship firm is seeking for a Writ of Certiorari to quash the order dated 22.2.2011 passed by Employees Provident Fund Appellate Tribunal, New Delhi in ATA No. 712 (6) /2006 vide Annexure-E. 2. Heard Sri. K.R. Anand, learned Counsel appearing for petitioner and Sri Harikrishna S. Holla, learned counsel appearing for respondent. Perused the impugned order, statement of objections filed by respondent as also Annexures appended to the writ petition. 3. Petitioner is carrying on transport business by employing workers and said establishment was not covered under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to ‘Act’ for the sake of brevity). On 9...

The Oriental Insurance Co Ltd . Vs. Bannemma and Others

Court: Karnataka Dharwad

(Prayer: MFA/Crob. Is filed u/o 47 Rule 22 of CPC, r/w. SEC. 173(1) of MV Act, 1988, against the judgment and order DTD:09-01-2009 passed in MVC No.116/2008 on the file of the civil judge (Sr.Dn.) and member, MACT, Gangavathi, awarding the compensation of Rs.1175,895/0- with interest at the rate of 8% p.a. from the date of petition till deposit.) 1. Insurers appeal against the judgment questioning the direction of the Tribunal to indemnify the insured to pay compensation to the claimants. 2. Appeal and cross-objection are admitted and taken up for final disposal by consent. 3. From what learned counsel of both sides have adverted, the genesis of appeals is a motor vehicle accident on 26.06.2007 involving a motor cycle bearing No.KA 37/L1346 and a stationery lorry bearing No.KA 25/8235 in which the rider of the motor cycle Basanna suffered injuries and died. The pillion rider also died in the said accident. The legal heirs of victims lodged claim seeking compensation. 4. The insured own...