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Karnataka Court March 2013 Judgments

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Mar 21 2013

Bhimappa and Another Vs. Govind and Another

Court: Karnataka Gulbarga

Decided on: Mar-21-2013

The Misc. First Appeal is filed under S. 173(1) of the M.V. Act against the judgment and award dated 12.12.2011 passed in MVC No.418/2009 on the file of the Motor Accident Claims Tribunal No.VII, Bijapur, partly allowing the claim petition and seeking enhancement of compensation. The delay of 92 days in preferring the appeal is condoned subject to condition that the claimants are not entitled for interest on the enhanced amount if any, for the period of delay. 2. This appeal is arising out of the award passed by the MACT No.VII, Bijapur in MVC No.418/2009 on 12.12.2011. 3. On 14.08.2008 around 12.40 p.m., on Basavana Bagewadi - Muttagi road when deceased Kashinath was travelling on the motorcycle bearing No.KA-28/J-5770 with claimant in MVC No.416/2009, at that time an auto rickshaw bearing No.KA-28/A-2776 came from opposite direction and causedthe accident. In the claim petition filed on the death of the deceased, the matter was contested, the Tribunal having raised as many as four is...


Mar 20 2013

Neelamma Vs. the Karnataka Housing Board Through Its Commissioner and ...

Court: Karnataka Gulbarga

Decided on: Mar-20-2013

(Prayer: This Writ Petition is filed under Articles 226 And 227 of the Constitution of India, praying to issue a writ of Certiorari, to quash the impugned paper publication of auction of sites made by the respondents in Kannada daily news paper Samyukta Karnataka, dated 16.3.2013 as Per Annexure-F and issue writ of Mandamus, directing the respondents to consider the application dated 03.02.2012, as per Annexure-A and another application dated 26.07.2012 as per Annexure-B for allotment of vacant house sites of any type, and etc.) 1. Writ petitioner claims to have made an application for allotment of vacant site in Akkamahadevi Colony (Biddapur) of Gulbarga city as per her application dated 03.02.2012 (copy at Annexure-'A'). Though repeated representations were given thereafter, site is not allotted in her favour, but the respondent - Karnataka Housing Board is taking steps to auction the available vacant sites through public auction. 2. Writ petitioner is aggrieved that instead of allot...


Mar 20 2013

North-east Karnataka Road Transport Corporation, Vs. Meenajuddin

Court: Karnataka Gulbarga

Decided on: Mar-20-2013

1. Writ petitioner-North-East Karnataka Road Transport Corporation, Gulbarga has questioned the order dated 18-2-2012 passed by the Industrial Tribunal, Hubli in I.D. No. 372 of 2009 allowing the petition. 2. Under the impugned order, the Tribunal had, in a reference of a dispute raised under Section 10(1)(d) of the Industrial Disputes Act, 1947, modified the punishment imposed by the disciplinary authority-the management against the workman, which was one of stoppage of two increments without cumulative effect for one of stoppage of one increment instead of two increments and this order is questioned by the Corporation in this writ petition. 3. The Tribunal thought that the punishment imposed by the disciplinary authority was disproportionate. 4. Mr. A.M. Patil, learned Counsel appearing for the petitioner-Corporation submits that in a matter of this nature, the Tribunal could not have interfered, more so, the character of the punishment imposed by the management is either harsh or di...


Mar 18 2013

M/S. Archana Associates (R) a Partnership Firm by Its Managing Partner ...

Court: Karnataka

Decided on: Mar-18-2013

(Prayer: This Regular First Appeal is filed under Order 40 Rule 1 of CPC against the judgement and decree dated 8.2.2012 passed in O.S.No.10653/2006 on the file of the XLIV Addl. City Civil and Sessions Judge. Bangalore decreeing the suit for ejectment and arrears of rent.) 1. Heard the learned counsel for the appellant. 2. The appellant was the defendant in the suit for ejectment. The suit having been decreed and the appellant having been directed to vacate and deliver the vacant possession of the suit property, the appellant is before this Court. 3. It is contended that there was a lease agreement for a period of 30 years in respect of the suit property. However, the said agreement not having been produced by the plaintiff, was produced by the defendant by way of confronting the plaintiff in cross-examination and same was even marked as an Exhibit. That document was also admitted by the plaintiff. In that light of the matter, the plaintiff having sought to rely upon yet another agree...


Mar 18 2013

The Divisional Manager, the New India Assurance Co. Ltd. Rep by Its Ma ...

Court: Karnataka

Decided on: Mar-18-2013

(Prayer: This MFA is filed U/S 30(1) of W.C. Act against the order dated 21.10.09 passed in WCA:CR:251/2008 on the file of the Labour Officer and Commissioner for workmen compensation, Davanagere District, Davanagere, Awarding A compensation of Rs.3,25,365/- with interest @ 12% P.A.) 1. Second respondent-insurance company in WCA.CR.No.251/2008, on the file of Commissioner for Workmen’s Compensation, Davanagere, has come up in this appeal impugning the judgment and order dated 21.10.2009 so far as it pertains to saddling liability to pay compensation on it. 2. Brief facts leading to this appeal are that husband of first claimant and father of claimants 2 and 3, namely Dhanya Kumar, who is said to be coolie in Swaraz Mazda bearing No.GDS-7516 belonging to first respondent before Commissioner and insured with second respondent is said to have suffered injuries in the course of his employment under first respondent in an accident which has taken place on 21.8.2008 resulting in his de...


Mar 15 2013

Basappa Ishwarappa Bilebhavi Vs. Mahantesh and Others

Court: Karnataka Gulbarga

Decided on: Mar-15-2013

(Prayer: This Writ Petition is filed under Articles 226 And 227 of the Constitution of India, Praying to quash the order dated 04.12.2012 Passed on I.A.No.17 in O.S.No.13/2011 on the file of the Senior Civil Judge, Muddebihal, certified copy of which is at Annexure-E.) 1. Letter dated 05.01.2013 is from learned Senior Civil Judge, Muddebihal seeking for extension of time for the disposal of the suit in O.S.No.13/2011 pending on its file, which had earlier been ordered to be disposed of expeditiously as per the order dated 09.07.2012 passed by this Court in W.P.No.81629/2012. 2. This Court having stayed the further proceedings in the original suit as per the interim order passed in W.P.No.100015/2013, that has come in the way of disposal of the suit. 3. Writ petition No.100015/2013 is also linked to Writ Petition No.81629/2012, which is placed below. 4. Writ petition No.100015/2013 is directed against the order dated 04.12.2012 passed by the learned Trial Judge in the very suit rejectin...


Mar 15 2013

The Managing Director Nekrtc and Others Vs. Raj Bhakshi

Court: Karnataka Gulbarga

Decided on: Mar-15-2013

(Prayer: This Writ Appeal filed U/S. 4 of the Karnataka High Court Act, Praying to set aside the order dated 20.06.2011 Passed in Wp No.80238/2010 [L-Ksrtc] and thereby to set aside the award Passed by the Labour Court, Gulbarga, In Ref. No.61/2006 dated 25.05.2009 and etc.) 1. Writ appeal by the employer - North East Karnataka Road Transport Corporation being aggrieved by the order of dismissal suffered at the hands of the learned single Judge in writ petition No.80238/2010 which was a petition questioning the Award of the Labour Court, Gulbarga dated 25.05.2009 passed in Reference No.61/2006. 2. The reference at the instance of the workman was against the order of dismissal suffered by him at the hands of the Management as a measure of penalty imposed in disciplinary proceedings pursuant to a domestic inquiry and on the charge he had remained absent from 12.10.2002 to 25.10.2002 without leave or authorization. 3. The Labour Court as a preliminary finding, found that the domestic inqu...


Mar 13 2013

B.G. Rajagopal Vs. the Assistant Commissioner and Others

Court: Karnataka

Decided on: Mar-13-2013

(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent Nos.2 and 3 to relieve the petitioner of his duty as Surveyor from 2nd respondent’s office by virtue of the Official Memorandum dated 13.8.2012 passed by the Government of Karnataka and issued through Under Secretary to Government, Revenue Department (Bhu Mapana) vide Annexure-A so as to enable to report for duty at transferred place at 1st respondent - office and etc.) ORDER 1. This writ petition has been filed to issue direction to the respondent Nos.2 and 3 to relieve the petitioner of his duties as Surveyor from the office of the 2nd respondent, pursuant to an official memorandum dated 13.08.2012 issued by the 2nd respondent and to direct the 1st respondent to accept the duty report/to take the petitioner to duty as Surveyor i.e., at the transferred place. 2. The petitioner is a civil servant working as a Surveyor in the Department of Survey, Settlem...


Mar 13 2013

Karnataka State Industrial Investment Development Corporation Ltd., Vs ...

Court: Karnataka

Decided on: Mar-13-2013

(Prayer: This Petition is filed praying to direct the respondents to lift the attachment in respect of properties bearing No.32/2A, Bangra Kulur Village, Mangalore and Etc.) 1. Petitioner, a State owned Corporation and a Financial Institution governed by The State Financial Corporations Act, 1951 (for short, ‘the SFC Act’) sanctioned a term loan of Rs.1,25,00,000/- to M/s. Veekay Developers Pvt. Ltd. to establish a Luxury Hotel at Sy. No.32-2A, Bangra Kulur Village, Mangalore City, on 13.09.1995, which term loan was transferred to V.K. Clubs and Homes Pvt. Ltd. By way of security, the borrower - M/s. V.K. Clubs and Homes Pvt. Ltd., created an equitable mortgage by deposit of title deeds, the portions of land and building i.e., measuring about 4390 Sq. feet on the ground floor; 2100 Sq. feet on the first floor; 3515 Sq. feet and 1020 Sq. feet on the third floor; about 18,435 Sq. feet on the 4th, 5th and 6th floors of the Commercial building, together with common facili...


Mar 13 2013

Mohd. Shafi Vs. State of Karnataka

Court: Karnataka

Decided on: Mar-13-2013

(Prayer: This Criminal Revision Petition is filed under Section 397 read with Section 401 Code of Criminal Procedure, 1973, by the advocate for the petitioner praying that this Hon’ble Court may be pleased to, set aside the impugned judgment of conviction and order of sentence dated 30.12.2009 passed in CC.No.1018/2003 by the II Additional Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, at Gulbarga and judgment dated 03.07.2010 passed in Criminal Appeal No.6/2010 by the Principal Sessions Judge at Gulbarga by allowing this revision petition, consequently acquit the accused/petitioner of offences punishable under Section 420 and 506 of IPC.) 1. The petitioner has been convicted for offences punishable under Sections 420 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’, for brevity) in the following background: One Ramjanbi, alias Shaheda Begum was married to Mohammed Bhasheer, in the year 1995. A female child was born to them. The ...


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