Karnataka Court September 2012 Judgments
G. Manjunath Vs. the United India Insurance Company Ltd and Another
Court: Karnataka
Decided on: Sep-22-2012
(Prayer: This Appeal is filed under Section 173(1) of motor Vehicles Act, against the judgment and Award dated 09.07.2012 passed in MVC No.276/2010 on the file of the MACT-V, Chitradurga, dismissing the claim petition for compensation.) 1. Claimant in MVC No.276/2010 on the file MACT-V,Chitradurga, has come up in this appeal challenging the dismissal of his claim petition. 2. Brief facts leading to this appeal are as under: Manjunath, claimant before the Tribunam said to be pillion rider of motor cycle bearing No. KA-16/L-5600 was proceeding from Janukonda towards Chithradurga on N.H.13, on 16.01.2007. The rider of said motor cycle, viz., Sathish hit against a parked lorry and due to impact the rider died instantly. The appellant, who is pillion rider on the said Motor Cyle, suffered certain injuries. In that behalf, it is stated that he has taken treatment for 8 days in Government Hospital and thereafter he filed claim petition seeking compensation for the said injuries. It is s...
Tag this Judgment!B. Gopalakrishna and Others Vs. State of Karnataka Rep.by Secretary De ...
Court: Karnataka
Decided on: Sep-22-2012
(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India to issue a writ in the nature of certiorari quashing the impugned order dated 30.6.11 passed by the R1-State Government vide Annexs-E, D and D, respectively as illegal and void and also the Government Order, bearing No. ED 302 PMC 2006 dated 25.3.11 vide Annex-F, E and E respectively as illegal and void and etc.) 1. The petitioners in all these petitions have sought for quashing of an endorsement issued by respondent No1 dated 30.6.2011, wherein the State Government has rejected the claim of the teachers for one increment for having passed the Kannada language examination working in aided schools. It is stated that, there is no qualification prescribed for the teachers in aided school to pass Kannada language examination and it was prescribed only for the Government servants i.e. Government teachers in these cases. As such, the teachers in aided schools being not the Government servants and...
Tag this Judgment!S. Rachaiah Since Deceased by Legal Representatives and Others Vs. Mrs ...
Court: Karnataka
Decided on: Sep-22-2012
(Prayer: This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 19.8.2003 passed in O.S.No.4321/1984 on the file of the XXXI Additional City Civil Judge, Bangalore (CCH-14), decreeing the suit for recovery of money.) 1. The appellants were the defendants before the trial Court. The first appellant having died, is represented by his legal representatives. The respondent was the plaintiff. 2. It was the case of the plaintiff that she and the defendants were neighbours and that they were under financial pressure in completing a building and had borrowed money from the plaintiff as on 15.12.1981 in a sum of Rs.15,000/-, which was to be repaid with interest at the rate of 2% per month and the defendants had jointly executed a Promissory Note in respect of the same. Again on 7.4.1982, the defendants are said to have borrowed a further sum of Rs.25,000/-, which was to be repaid with interest at the rate of 2.5% per month...
Tag this Judgment!Ajaz Ahamed Vs. the Manager Icici, Lombard Insurance Company Ltd. and ...
Court: Karnataka
Decided on: Sep-21-2012
(Prayer: This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 13.11.2009 passed in MVC No.5059/2008 on the file of member, MACT, and XI Additional Judge, court of small causes, Bangalore party allowing the claim petition for compensation and seeking Enhancement of Compensation.) 1. Claimant in MVC No.5059/2008 on the file of the Member, MACT and XI Additional Judge, Court of Small Causes, Bangalore has came up in this appeal seeking enhancement of compensation awarded therein and also challenging the finding of the Tribunal so far as in fixing the liability to pay the compensation on second respondent-owner of offending bus. 2. In this appeal, the accident which is said to have taken place on 31.05.2008 involving the bus bearing registration No.KA-01/B-7598 is not in dispute. It is also not in dispute that the said bus is owned by the second respondent and insured with the first respondent before this Court. It is further not in d...
Tag this Judgment!Smt. G. Jayashree Vs. the Secretary Ministry of Surface Transport Gove ...
Court: Karnataka
Decided on: Sep-21-2012
(Prayer: These writ petitions are filed under Articles 226 and 227 of the constitution of India praying to quash the proceedings pending before the learned Prl. Dist. Judge, Chitradurga in AC (A)76/07, vide Ann-F, to the WP.) ORDER The petitioner has sought for quashing the proceedings pending before the Prl.District Court, Chitradurga in AC(A) 76/07. She has also sought for quashing the order dated 31.1.2012 vide Annexure-M in Arbitration Suit No.5/2009. Consequential reliefs are also sought for. The land bearing Sy.No.78 of Metikurke, Hiriyur Taluk, Chitradurga District, owned by the petitioner was acquired by respondent No.4 for widening of National Highway No.4 by Preliminary notification dated 20th November 2000 and Final notification dated 23.12.2000. The competent authority passed the award granting certain compensation in favour of the petitioner. Feeling aggrieved, the petitioner filed appeal under Section 3G(5) of the National Highways Act, 1956 (for short ‘N.H. ActR...
Tag this Judgment!Bangalore Metropolitan Transport Corporation, Central Office Vs. Amjad ...
Court: Karnataka Dharwad
Decided on: Sep-21-2012
(Prayer: This MFA is filed u/s 173(1) of MV Act against the judgment and award dated 12.03.2009 passed in MVC No.2505/2003 on the file of XII Additional Small Causes Judge, Member, MACT, Bangalore awarding a compensation of Rs 67,100/- with interest @ 7% P.A. from the date of petition till deposit. 1. The respondent in MVC.No.2505/2003 on the file of MACT, Bangalore, has come up in this appeal impugning the judgment and award dated 12.3.2009 passed in the aforesaid proceedings. 2. Brief facts leading to this appeal are as under: the claimant before Tribunal is said to have met with an accident on 7.4.2003 at about 9.30 a.m., on N.R. Road, near Bamboo Bazaar, Bangalore, due to rash and negligent driving of BMTC bus bearing No.KA-01/F.802 resulting in injuries to his left foot i.e., fracture of metatarsal bones and also injuries to calcaneum. It is stated that police complaint was lodged on the same day at about 11.30 am. Subsequently, charge sheet was filed on the driver of aforesaid of...
Tag this Judgment!M/S. Falcon Tyres Ltd. Vs. the President Falcon Tyres Badali Karmikara ...
Court: Karnataka
Decided on: Sep-18-2012
(Prayer: The Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order dated 2.2.2012 passed by the second respondent at Annexure-M, and declare that Badli Workers are not entitled to advance and exgratia as per settlement dated 27.09.2010 on par with permanent workers and etc.) 1. This writ petition is by the management questioning the order dated 02.02.2012 passed by respondent No.2 produced at Annexure ‘M’ and for declaration that the badli workers are not entitled for advance and ex gratia under the terms of the settlement dated 27.09.2010 on par with the permanent workers. 2. Case of the petitioner is that, after protracted negotiations between the management and permanent employees of the petitioner company (Falcon Tyres Employees Union), a settlement was arrived between them on 11.03.2010 for the period from 01.10.2009 to 31.12.2012. However, the 1st respondent – Union of badli workers was not part of the Uni...
Tag this Judgment!Kalsegowda and Others Vs. Mrs. K.S. Jayamma and Others
Court: Karnataka
Decided on: Sep-14-2012
(Prayer: This RFA is filed under Section 96 of CPC against the Judgment and Decree dated 05.09.2003 passed in O.S.No.55/96 on the file of the Civil Judge (Sr.Dn.), Chikmagalore, decreeing the suit for partition and separate possession by holding that the respondents 1 and 2 are having 8/42 share each and the respondents 3 and 4 are having 1/42 share each in the suit schedule property and ordering for an equity regarding mesne profits under Section 20 Rule 12 of CPC.) 1. These appeals are filed against the judgment and decree dated 05.09.2003 passed in O.S.No.55/1996 on the file of Civil Judge (Sr.Dn.) at Chikmagalur. 2. The plaintiffs filed the said suit for partition and separate possession of ‘A’ and ‘B’ schedule properties. The Trial Court decreed the suit for partition of the schedule properties, but the claim of the plaintiffs to allot the share in ‘A’ schedule property in item Nos.2 to 4, 14, 21, 40 and 41 was rejected. 3. Aggrieved by the judg...
Tag this Judgment!A. L. Satish Kumar and Others Vs. the State of Karnataka Represented b ...
Court: Karnataka
Decided on: Sep-14-2012
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the Notification dated 13.12.2011 issued by the Executive Engineer, Basavanagudi, Bangalore (Not a Competent Authority) vide Annexure-B etc.,) 1. Though number of prayers are sought in these writ petitions, the sum and substance of the prayers is to quash Short Term Tender Notices issued by the Bruhat Bangalore Mahanagara Palike (‘BBMP’ for short) dated 12.12.2011 and 13.12.2011 in respect of various packages inviting Proposals from the eligible bidders to provide Solid Waste Management Services for a period of three years. Petitioners have also sought for a direction to the respondents to comply with the direction issued by this Court in Writ Petition Nos.32503-32506/2011 and 32507-32508/2011 (LB-BBMP). They have also sought for a direction to the respondents to incorporate the conditions provided in the standard tender document in terms of KW-IV and KW-V to the...
Tag this Judgment!M/s. J.K. Tyres Ltd. Vs. Mysore Division Hotel, Worker's Union
Court: Karnataka
Decided on: Sep-14-2012
(Prayer: This W.A is filed under Section 4 of Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.3285/2001 dated 14/07/2006.) V. SURI APPA RAO, J 1. Appellant - J.K. Tyres Limited filed this appeal under Section 4 of the Karnataka High Court Act, 1961, challenging the correctness of the order dated 14th July 2006 passed by the learned Single Judge in W.P. No.3285/2001, thereby the learned Single Judge dismissed the writ petition filed by the appellant and confirmed the award dated 12th July 2000 passed by the Presiding Officer, Labour Court, Mysore in Reference No.116/1987. 2. The relevant facts leading for filing of this appeal are as follows : Appellant is engaged in the manufacture of tyres and had employed more than 2000 employees at its factory at Mysore.During the period from 10.06.1984 to 09.07.1986 the appellant had entrusted running of the factory canteen to a Contractor by name Sri. Somayaji G., who was running the canteen through workmen e...
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