Karnataka Court March 2012 Judgments
Smt. Lakshmi at Lakshmamma, Wo. Late M. PuttappA. Vs. Sri, Raghavendra ...
Court: Karnataka
Decided on: Mar-16-2012
1. This appeal is by the claimants seeking enhancement of compensation awarded by the Tribunal.2. Heard. Appeal is admitted and with the consent of the learned Counsel appearing for the parties, it is taken up for final disposal.3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.4. As there is no dispute regarding death of the deceased Puttappa. in a road traffic accident occurred on 20-02-06 due to rash and negligent riding of motor cycle bearing registration No. KA-05-ER-5436 by its rider and liability of the Insurance Co., the only point that remains for my consideration in the appeal is:Whether compensation of Rs.2,76,000/- with interest at 6% p.a. awarded by the Tribunal is just and proper or does it call for enhancement?5. After hearing the learned Counsel for the parties and perusing the Judgments and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and proper, ...
Tag this Judgment!Vinay Kumar, Son of Late Mohan, and anr. Vs. State by Cottonpet P.S. C ...
Court: Karnataka
Decided on: Mar-16-2012
1. The petitioners have filed this petition invoking the provisions of Section 482 of the Code of Criminal Procedure to quash the proceedings in Crime No.275/2010 (C.C.No.48974/2010) of CCB (OCW) on the file of the I Addl. Chief Metropolitan Magistrate, Bangalore.2. Brief facts of the case are as follows:The respondent-Police registered the case in Crime No.275/2010 against the petitioners and others for the offences punishable under Sections 120B, 121, 121A IPC and Section 18 of The Unlawful Activities (Prevention) Act, 1967. In the complaint, it is alleged that the Pakistan inter services intelligence agency has hatched conspiracy to establish contact with Maoist elements in India through underworld Chota Shakeel operating for Dawood Ibrahim in concert with ISI to organize terrorist act in India. It is further alleged that in that connection, one Altaf @ Rakesh from Dubai contacted Vinay Kumar to get in touch with leaders of Maoist (Naxalite) groups and accordingly Vinay Kumar contac...
Tag this Judgment!B S Ashok Kumar. Vs. SirajIn Basha Son of Late T. Abdul Razzak and anr ...
Court: Karnataka
Decided on: Mar-16-2012
1. Heard the learned counsel, Sri.Prasanna Kuirar, for the petitioner and the learned counsel for respondents in respect of the anticipatory bail sought by the petitioner who is CASES, BANGALORE.No.5/2011.2. The submission of learned counsel, Sri.Prasanna Kumar, for the petitioner is that the petitioner is pieced in similar position as that of accused Nos.1 to 4 and this Court has granted anticipatory bail to accused Nos.1 to 4 and the order passed is also referred to in this connection. Hence, on the ground of parity, anticipatory bail is sought by the present petitioner also.3. Learned counsel, Sri.Nitin R, for the first respondent does not dispute the grant of anticipatory bail to accused Nos.1 to 4 and the present petitioner also being similarly placed. However, he submitted that in the event of grant of anticipatory bail, same conditions be imposed on the present petitioner also.4. Having thus heard both sides and without going into the other aspects of the matter and in view of g...
Tag this Judgment!National Insurance Company Limited, Branch Office, Hassan Vs. Shivanna ...
Court: Karnataka
Decided on: Mar-16-2012
1. The National Insurance Company being aggrieved by the Order dated 25-2-2009 made in WCA/NF/SR No.23 of 2007 passed by the Labour Officer and Commissioner for Workmen’s Compensation, Hassan, has filed this appeal.2. The 1st respondent has filed the claim petition before the Commissioner for Workmen’s Compensation, Hassan contending that he was working as a loader/unloader in the lorry bearing registration No.AP-02-V-4024 belonging to the 2nd respondent. On 2-1-2007 on the instructions of the owner of the vehicle after loading the fertilizers proceedings towards Gundigere-Bannahalli Road, due to rash and negligent driving of the said lorry by its driver, the said vehicle met with an accident and the claimant has sustained injuries to his right leg. He was admitted to the Sakleshpur Hospital and taken treatment therein. He has contended that due to the accident and fracture of the right leg, he cannot work as a loader/unloader. Prior to the accident, he was getting salary o...
Tag this Judgment!K. Kamala Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-16-2012
V. Suri Appa Rao, J1.The petitioner has filed his petition seeking to quash the proceedings in C.C. No. 2092/2006 registered against the petitioner for the offence punishable under section 309 IPC on the file of Addl. Civil Judge (Jr. Dn.) and JMFC, Kundapura, Udupi District.2. Petitioner is working as incharge Head Mistress at Zilla Panchayat Modern Higher Primary School Karkada, Udupi Taluk. Due to ill-treatment, black mail tactics and anonymous complaints written against the petitioner by one V.G. Maiya @ Venkatesh Maiya, President of School Development Management Committee (SDMC), Zilla Panchayat Modern Higher Primary School Karkada, Udupi Taluk, the petitioner attempted to commit suicide by taking B.P. tablets in excess and also tried to hang herself to the fan by keeping a suicide note dated 23.12.2005. However, due to the timely medical treatment, the petitioner was survived.3. Thereafter, the respondent-Pollee registered a case in Crime No. 199/2005 against V.G. Maiya for the o...
Tag this Judgment!Karishma Anand Vs. Union of India and Another
Court: Karnataka
Decided on: Mar-16-2012
(Prayer: This WP is filed under Articles 226 and 227 of the constitution of India praying to set aside the order dated 31.01.2012 in OS No.821/2012 passed by the Prl. Civil Judge at Bangalore in IA No.I vide Annex-C and allow the application thereby accept the plaint.)1. This writ petition is directed against the order passed on IA.I filed under Section 80 read with Section 151 of Code of Civil Procedure by the petitioner seeking dispensation of issuance of statutory notice to the respondent – Union of India as contemplated in the said provision.2. The Trial Court by observing that the plaintiff has not sought any interim relief against the defendant, observing that there is no urgency in the matter has deemed it fit to dismiss the said application and ordered for return of plaint.3. Aggrieved by the said order of dismissal of IA No.1, the petitioner preferred the above writ contending that, she will lose the academic year by waiting for 60 days for compliance of statutory notice...
Tag this Judgment!Lokamma and Others Vs. the Deputy Commissioner Raichur and Others
Court: Karnataka Gulbarga
Decided on: Mar-16-2012
(Prayer: This writ appeals are filed under Section 4 of the Karnataka High Court Act, praying to set aside the order dated 09.12.2011 passed in W.P.Nos.83665-83668/11 (LB-RES) and further be pleased to allow the petition in the interest of justice and equity.) H.G. Ramesh, J. (Oral): 1. By consent of the learned counsel on both sides, the appeals are heard on merits and are being disposed of by this judgment. 2. These writ appeals directed against the order dated 09.12.2011 passed by a learned Single Judge of this Court dismissing the appellants writ petitions in W.P.Nos.83665-83668/2011. The Appellants had filed the aforesaid writ petitions challenging the order dated 07.09.2011 passed by respondent No.1-Deputy Commissioner whereunder the appellants were disqualified from being Councillors of the Town Municipal Council, Devadurga. The said order was passed in exercise of the power conferred on the Deputy Commissioner under Section 4(2)(iii) of the Karnataka Local Authorities (Prohibit...
Tag this Judgment!Official Liquidator of the Mysore Kirloskar Ltd. Vs. Ms. Samson and Co ...
Court: Karnataka
Decided on: Mar-15-2012
1. The Official Liquidator on behalf of the Company in liquidation has tiled the instant application under Section 446(2)(b) of the Companies Act read with Rule 9 of the Company Court Rules, 1959. By the said application, a sum of Rs.6,47,394/- with interest thereon has been claimed from the respondent company.2. Heard the learned counsel appearing for the parties and perused the application papers.3. The Company in liquidation was ordered to be wound up by this Court vide order dated 01.04.2004 passed in Cr.P.No. 136/2001 and other connected petitions. Subsequent thereto, the erstwhile Directors of the Company in liquidation are stated to have filed their statement of affairs. In the enclosed statement relating to the details of the amount due from the debtors to the Foundry division at Harihar, the name of the respondent company is indicated as being due in a sum of Rs.6,47,394.79ps. The receivable ledger tor the period 1.6.2000 to 01.04.2004 has also reflected the said amount as aga...
Tag this Judgment!The State of KarnatakA. Vs. S I Ahamed Basha Son of N M Ibrahim Sab
Court: Karnataka
Decided on: Mar-15-2012
1. This Criminal Appeal is by the State through Lokayuktha Police calling in question the acquittal of the respondent by the Trial Court in respect of the offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 for short, hereinafter referred to as ‘the Act'.2. The prosecution case in short is that the accused while working as Village Accountant at Herur Circle, Kunigal Taluk, demanded from the complainant 500/- as bribe amount for transfer of khatha in the name of the complainant. Unwilling to pay the bribe amount, the complainant approached the Lokayuktha Police with his complaint- Ex.F-1. The investigation was taken and it included drawing up of pre-trap xcahaxar as per Ex.P-2 and according to the prosecution, the trap was successful had it is reflected in the trap mahazar-Ex. p-3, After obtaining sanction order-Ex.P-25 and other reports, the charge sheet was submitted.3. At the trial, following the accused not pleading g...
Tag this Judgment!Official Liquidator of the Mysore Kirloskar Ltd. Vs. Sri R.B. Shet Son ...
Court: Karnataka
Decided on: Mar-15-2012
1. The Official Liquidator on behalf of the Company in liquidation has filed the instant application under Section 543(1) of the Companies Act, 1956 R/w Rule 260 of the Companies (Court) Rules. 1959. By the said application, misfeasance has been alleged against respondents who were erstwhile Directors of the Company in liquidation and as a consequence thereof, a sum of 2.21.59.085.25ps. has been claimed from the respondents with interest at 18% p.a.2. Respondent Nos. 2 and 3 though served are un-represented. The first respondent has appeared and filed the objection statement, disputing the liability on the first respondent for the said amount and the allegation of misfeasance has been denied on the ground that the first respondent was not a Director of the company as on the date of winding up.3. In view of the claim put forth in the application and the dispute raised by the first respondent, the matter had been set down for evidence. The witness on behalf of the applicant was examined ...
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