Karnataka Court July 2012 Judgments
Bangalore Water Supply and Sewerage Board, Bangalore, Rep. by Its Secr ...
Court: Karnataka
Decided on: Jul-25-2012
(Prayer: Writ Appeal Nos.3411/10 & 1340-47/11 are filed u/s 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition 25917/2009 and 28095-28102/09 dated 21/7/10.)1. The order passed by the learned Single Judge in W.P.No.19938/07 and other connected Writ Petitions dt.21.7.2010 is called in question in these appeals.2. The subject matter of the Writ Petition is pertaining to 12 guntas of land in Sy.No.34 of Kengeri in Bangalore South Taluk which was notified under the preliminary notification dt.16.12.1999 published on 20.1.2000 in the Official Gazette. Along with the aforesaid land Sy.Nos.37/1 and 37/2 were also notified which lands were acquitted by the BSWSSB, later sold it to BMTC for a sum of Rs.120 lakhs. In addition to that three more Sy.Nos.35, 36/1 and 36/2 in all measuring 3 acres 15 guntas were also notified which were denotified later at the instance of the landlords of those Survey Numbers. The petitioners who have purchased the proper...
Tag this Judgment!B. Yoganandam, Tumkur. Vs. the Divisional Controller, K.S.R.T.C. Tumku ...
Court: Karnataka
Decided on: Jul-19-2012
(Prayer: This Writ Petition is filed under Article 226 & 227 of the Constitution of India, praying to issue a Writ of certiorari modifying the orders, impugned orders passed by the R2 dtd.12.3.09 vide Annex-A and the impugned order passed by R3 dtd.29.1.11 vide Annex-B.)1. Petitioner has called in question the order of the Authority under the Payment of Gratuity Act 1972 dated 12.3.2009 produced at Annexure-A confirmed by the Appellate Authority dated 29.01.2011 produced at Annexure-B.2. Brief facts leading to this case are:Petitioner retired as an Assistant Traffic Inspector on 30th September 2005. He had put in 37 years 3 months of service without any break. His basic salary was Rs.9,000/- and the Dearness Allowance was Rs.6,390/- and he was entitled for 10% of basic towards the price index. As such, the component for the purpose of determination of payment of gratuity was Rs.16,290/-. However, the Controlling Authority as well as the Appellate Authority erroneously only took the...
Tag this Judgment!Naseer Ahmed. Vs. Superintendent of Customs, Air Intelligence Unit, Bi ...
Court: Karnataka
Decided on: Jul-19-2012
(Prayer: This Crl.P. is filed under Section 439 of Cr.P.C. praying to set aside the order dated 15.06.2012 on the file of the 33rd ACC & SJ & Spl. Judge (NDPS), Bangalore, under Section 167(2) of Cr.P.C.)1. Application filed by the petitioner seeking statutory bail under Section 167(2) of Cr.P.C. was dismissed by the Spl. Court for N.D.P.S. and hence, this petition is by the accused.2. The case of the prosecution in short is that, on 19.03.2012 at about 21.50 hours at Bangalore International Airport, the petitioner was arrested as he was found in possession of six bundles of heroin weighing in all 350 gms. He was remanded to judicial custody and thereafter, the petitioner moved the application under Section 167(2) of Cr.P.C. seeking bail on the ground that within 60 days period, the prosecution did not file any final report, and therefore, he is entitled to the grant of bail. Learned Judge of the Special Court rejected the application and took the view that the seized quantity ...
Tag this Judgment!V. Kishore Varma, Bangalore and anr. Vs. Navani Chandran, Bangalore, a ...
Court: Karnataka
Decided on: Jul-19-2012
(Prayer: This MFA is filed u/s 173(1) of MV Act against the judgment and award dated 27/10/2006 passed in MVC No.5579/2005 on the file of the XIII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-15), partly allowing the claim petition for compensation and seeking enhancement of compensation.)1. These two appeals by the claimant and the Insurer are arising out of the same judgment and award dated 27/10/2006 passed in MVC No.5579/2005 by the XIII Additional Small Causes Judge and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-15), (for short Tribunal).2. The Tribunal by its judgment and award, has awarded a sum of `15,74,000/- with interest at 6% p.a., from the date of petition till the date of deposit as against the claim made by the claimant for a sum of `40,00,000/-, on account of the injuries sustained by him in the road traffic accident.3. In brief, the facts of the case are:The claimant was aged about 24 years at the time of the ac...
Tag this Judgment!Prashant Vs. State of Karnataka and Another
Court: Karnataka Dharwad
Decided on: Jul-18-2012
Anand Byrareddy, J 1. Heard the learned Counsel for the petitioner and the learned Government Pleader. 2. The present petition is filed by the husband of the second respondent. 3. The facts leading up to this case are as follows: It is alleged by the Shahapur Police, Belgaum that the petitioner had committed offences punishable under Sections 498A, 504 and 307 of the Indian Penal Code, 1860 (Hereinafter referred to as the IPC for brevity) and a case was registered in Crime No.61/2011 by the jurisdictional Police Station and accordingly a complaint was registered before the JMFC III Court, Belgaum. The petitioner was promptly arrested and produced before the Court on 25.5.2011 and was remanded to judicial custody. This was in the backdrop of one Ravi, son of Suryakant Shete of Belgaum having lodged a complaint that his sister, namely, Usha, the second respondent was given in marriage to the petitioner about six years prior to the complaint and it was a love marriage between the petitio...
Tag this Judgment!Neena Education Society, Bangalore, Rep by Its Secretary Jameel Ahmed. ...
Court: Karnataka
Decided on: Jul-16-2012
(Prayer: This Writ Appeal filed u/s 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition 17036/10 dated 22/9/10.)1. The legality and correctness of the order passed by the Learned Single Judge in W.P.No.17036/2010 dt.22nd September 2010 is called in questioning this appeal.2. A civic amenity site allotted to the appellant for a period of 30 years commencing from 7.5.2002 has been cancelled by the respondent-BDA on the ground that the appellant-society has failed to construct the building and further failed to use the site for the purpose of which it was leased. The order of cancellation was questioned by the appellant before the learned Single Judge. The learned Single Judge has dismissed the Writ Petition. Challenging the same, the present appeal is filed.3. We have heard Mr. Udaya Holla, learned Senior counsel for the appellant and Sri. Shankara Narayana Rao, learned counsel appearing for the B.D.A.4. After hearing we have noticed the following...
Tag this Judgment!Geethanjali. Vs. the Canara Bank and ors.
Court: Karnataka
Decided on: Jul-16-2012
(Prayer: This writ petition is filed under Articles 226 and 227 of the constitution of India praying to call for the entire records relating to Annexures B, C, D and F dated 31.12.2003, 27.5.2004, 31.5.2004 and 6.8.2004 respectively peruse the same and quash the said orders and proceedings as void and unsustainable in law and etc.,)Order On Reference:Vikramajit Sen, C.J. (Oral):1. This matter has been referred to the Division Bench by a learned Single Judge. However, no question has been formulated for our consideration. Earlier, the writ petition had come up for consideration on 13.01.2009 and was dismissed in default of appearance and for want of prosecution. Thereafter, it appears to have been restored. However, on 1.9.2010, it was once again dismissed for non-prosecution and thereafter it was restored again on 28.10.2010.2. The petitioner had secured an appointment with the Canara Bank on the basis of a caste certificate issued by the Tahsildar on 3.2.1990. A pseudonymous complaint...
Tag this Judgment!Adeshwar Granites Pvt. Ltd., and ors. Vs. the Additional Commissioner ...
Court: Karnataka
Decided on: Jul-13-2012
(Prayer: These appeals filed under Section 24(1) of the Karnataka Sales Tax Act against the order dated: 21.1.2010 passed in No. SMR/KST/A & R-3/CR-75/09-10 on the file of the Addl. Commissioner Of Commercial Taxes, Zone-II, Bangalore, revising the appeal orders and restoring the orders of Re-Assessment passed by the assessing authority and etc.,)RE: STA Nos.17/2010 & 122-123/2012:1. These appeals under section 24[1] of the Karnataka Sales Tax Act, 1957 [for short KST Act] is by the assessee dealer and directed against the order passed by the Additional Commissioner of Commercial Taxes exercising his suo motu revisional powers under section 22-A of the KST Act.2. The assessment period involved in these appeals are 2002-03, 2003-04 and 2004-05. Only one number having been assigned, we direct the assessee to pay deficit court fee and registry upon payment of deficit of court fee to assign the number.3. The appeals are on the premise that the Additional Commissioner of Commercial ...
Tag this Judgment!M. M. Narayana and ors. Vs. the Management of Ksrtc and ors.
Court: Karnataka
Decided on: Jul-13-2012
(Prayer: THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 05.07.2011 PASSED IN I.D.NO.34/2007 BY THE PRESIDING OFFICER, III ADDITIONAL LABOUR COURT, BANGALORE, VIDE ANNEXURE-M.1. In W.P.Nos.24118-120/2009, 504/2012, 10333/2012 and 10219/2012 workmen have called in question the award passed by the Labour Court whereunder claim petitions filed by the workmen has been dismissed.2. W.P.Nos.6060/2012, 6016/2012, 47896/2011 and 3729/2012 have been filed by Bangalore Metropolitan Transport Corporation and Karnataka State Road Transport Corporation (both are referred to as 'Corporation' hereafter for the sake of brevity) questioning the awards passed by the Labour Court whereunder the claim petitions filed by the workmen have been allowed and orders of punishment of dismissal have been set aside as nonest on the ground that management has failed to take into consideration the pendency of I.D. 148/2005 and not complied wit...
Tag this Judgment!The Oriental Insurance Co. Ltd. Through Its Regional Office, Leo Shopp ...
Court: Karnataka
Decided on: Jul-12-2012
(Prayer: This MFA is filed under Section 173(1) of M.V. Act against the judgment and award dated 7.10.2006 passed in MVC No.5667/2005 on the file of the XII Addl.Judge, Court of Small Causes, Member, MACT, Metropolitan Area, Bangalore (SCCH No.8) awarding a compensation of Rs.29,310/- with interest @ 6% p.a. from the date of petition till deposit.)N. Kumar, J.1. The Insurance Company has preferred this appeal challenging the liability to pay the compensation to the claimant in MVC No.5667/2005, which is fastened on them by the Claims Tribunal.2. For the purpose of convenience, the parties are referred to as they are referred to their rank in the claim petition.FACTS IN BRIEF3. The claimant K.C. Subramanya was traveling in Tata Victra bearing No.KA-03-B-8180 driven by its driver Prasanna Babu on 25.4.2005. At about 03.30 hours when the said vehicle came near Sundepalli on NH-7 in Kurnool Donu road, the vehicle met with an accident on account of rash and negligent driving of the driver. ...
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