Karnataka Court January 2014 Judgments
Nazeer @ Nazee Ahmed Vs. Chandrashekar Gowda and Another
Court: Karnataka
Decided on: Jan-17-2014
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 15/09/2012 passed in MVC No.4541/2010 on the file of the XXI Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-23), partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimant is directed against the common judgment and award dated 15th September 2012, passed in MVC No.4541/2010, by the XXI Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-23), (for short, Tribunal) on the ground that the compensation awarded is on the lower side and liable to be enhanced. 2. Along with the appeal, learned counsel appearing for appellant has also filed I.A.2/2013, seeking condonation of delay of 216 days in filing the Appeal. 3. The delay of 216 days in filing the appeal has been explained at paragraphs 3 and 4 of the affidavit filed in support of the applicati...
Tag this Judgment!Nazeer @ Nazee Ahmed Vs. Chandrashekar Gowda and Another
Court: Karnataka
Decided on: Jan-17-2014
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 15/09/2012 passed in MVC No.4541/2010 on the file of the XXI Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-23), partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimant is directed against the common judgment and award dated 15th September 2012, passed in MVC No.4541/2010, by the XXI Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-23), (for short, Tribunal) on the ground that the compensation awarded is on the lower side and liable to be enhanced. 2. Along with the appeal, learned counsel appearing for appellant has also filed I.A.2/2013, seeking condonation of delay of 216 days in filing the Appeal. 3. The delay of 216 days in filing the appeal has been explained at paragraphs 3 and 4 of the affidavit filed in support of the applicati...
Tag this Judgment!Haleema Vs. the State of Karnataka, Rep. by Its Secretary, Law, Justic ...
Court: Karnataka
Decided on: Jan-17-2014
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order at Annexure-B dated 15.5.2008, passed by the 1st respondent.) ORDER 1. The petitioner was appointed as a Civil Judge (Jr.Dn.) on probation as per Government Notification No. LAW 225 LAC 98, dated 02.07.1999 and she joined service on 26.07.1999. On the issue of rural weightate, she was relieved of the post. However, Government having taken a policy decision of absorption of the persons appointed under the rural weightage, by virtue of Karnataka Civil Services (Absorption of the persons appointed to the State Civil Services with the benefit of Rural Weightage) (Special) Rules, 2003 (for short, the Absorption Rules), petitioner was appointed as Civil Judge (Jr. Dn.) in the Karnataka Judicial Service as per Government Notification No. LAW 175 LAC 2005 dated 17.11.2005 and was posted to take charge as II Addl. Civil Judge (Jr.Dn.) and JMFC-II Court, Gulbarga. 2. In this writ p...
Tag this Judgment!Prasanna Kumar and Another Vs. G.M. Siddeshwar and Others
Court: Karnataka
Decided on: Jan-16-2014
(Prayers: E.P.No.2/2009 is filed under Section 81 of the Representation of People Act, 1951 by the petitioner “ Sri Prasanna Kumar who is an elector in the 13 Davanagere Lok Sabha Constituency election held on 30.4.2009 along with his advocates Ko. Chennabasappa and Gangadhar G.D., praying that the Honble Court may be pleased to accept this election petition for trial, declare the election of the first respondent the returned candidate as void and direct the Election Commission of India to hold fresh election to the Lok Sabha from 13 Davanagere Constituency to the vacancy caused by setting aside the election held on 30.4.2009 and etc. E.P.No.3/2009 is filed under Section 81 of the Representation of People Act, 1951 by the petitioner “ Sri M.G. Thippeswamy S/o Gurusiddappa who is an elector in the 13 Davanagere Lok Sabha Constituency election held on 30.4.2009 along with his advocate Sri Prabhuling K. Navadgi praying that the Honble Court may be pleased to accept this electi...
Tag this Judgment!The General Manager, Ksrtc., Hubii Division Andothers Vs. Shakunthala ...
Court: Karnataka
Decided on: Jan-10-2014
This MFA is filed under section 173(1) of MV Act against the Judgment and award dated 30/06/203 0 passed in MVC No.660/2009 or the file of the Additional Civil Judge (Sr.Dn) and CJM., Tumkur, awarding a compensation of Rs.28,87,860/- with interest 6% P.A from the date of petition till the date of deposit. M.F.A. CRQB NO. 181 OF 2013 IN M.F.A.NO. 6742 OF 2013 (MV) (This MFA CROB in MFA No.6742/2013 is filed under Order 41 Rule 22(1) of CPC, against the Judgment and award dated 30/06/2010 passed in MVC No.660/2009 on the file of the Additional Civil Judge (Sr.Dn) and CJM., Tumkur, partly allowing the claim petition for compensation and seeking enhancement of compensation. These MFAs along with MFA CROB. coming on for Orders, this day, N.K. PATIL. J., delivered the following:) 1. Though these matters are posted for orders, the same are taken up for final disposal with the consent of the learned counsel appearing for the parties. 2. The appeals by the Corporation and the mother of decease...
Tag this Judgment!Bangalore Electricity Supply Company Ltd, Rep. by Its Chief General Ma ...
Court: Karnataka
Decided on: Jan-10-2014
(Prayer: These Writ Appeals are filed u/s 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition 3279-91/12 c/w 7359-60/12 and 9731-41/12 dated 24/4/13.) C.A.V. JUDGMENT 1. These writ appeals under section 4 of the Karnataka High Court Act, 1961 arise from three batches of petitions which were directed against the common award and order dated 19.8.2011 of the Industrial Tribunal, Bangalore in Industrial Dispute No.145/2010. For the sake of convenience, the appellants herein are hereinafter described as the employers or œBESCOM and 13 workmen concerned are described as the workmen. All the parties having been duly represented, delay in filing of the appeals having been condoned and learned Advocates appearing on either side having requested for and agreed to hearing of the appeals for final disposal, they are heard in extenso at the admission stage. 2. The industrial dispute regarding termination of service of the workmen by the employers from...
Tag this Judgment!Shailaja and Others Vs. State of Karnataka Represented by Its Under Se ...
Court: Karnataka Gulbarga
Decided on: Jan-10-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 of the Constitution of India Praying To Issue A Writ In The Nature Of Certiorari To Quash/Strike Down The Termination Orders Vide Annexures-D1 and D2 Bearing No. Hachiga / Masa / Gu.Aa.Sw.Ne/2012 And No.Hachlga/Masa/Gu/U.Aa.Sw.Ne/ 2012 Dated 04.12.2012 And 01.12.2012 Respectively.) 1. Petitioners are stated to have been appointed as Staff Nurse on contract basis in the month of December 2012 for a period of two years by respondent No.2. However, after coming to know that the petitioners did not have requisite experience of two years for being appointed as Staff Nurse on contract basis, these petitioners are removed from service as is clear from Annexures-D1 and D2. According to the petitioners, the second petitioner namely Shivanamma D/o Gangappa is removed from service orally without providing her any order in writing. 2. Learned counsel for the petitioners submits that the qualification proscribed by respondent No.2 i...
Tag this Judgment!Budhi Basweshwar Math Vs. State of Karnataka by Its Secretary (Revenue ...
Court: Karnataka
Decided on: Jan-09-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash and set aside the order dated 09.06.2006 passed by the Land Tribunal in so far as petitioner's application for grant of occupancy rights has been rejected in respect of Sy.Nos.273/1 and 273/2 of Devadurga village vide Annexure-'C' and etc.) 1. The petitioner is a Math and it is an Inamdar in possession of the lands bearing Sy.No.860 measuring 8 acres 14 guntas, Sy,No.113 measuring 81 acres 12 guntas of Gabbur village, Sy.No. 195 measuring 5 acres 29 guntas and Sy.No.348 measuring 7 acres 13 guntas of Maseerkal village, Sy.No.273/1 measuring 4 acres 12 guntas and Sy.No.273/2 measuring 10 guntas of Devadurga village. The Land Tribunal has granted occupancy rights in respect of four survey numbers out of the aforementioned six survey numbers. The remaining two survey numbers i.e. Sy.No.273/1 and Sy.No.273/2 measuring 4 acres 12 guntas and 10 guntas respectively of Devadurga villa...
Tag this Judgment!K.J. Basavarai Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jan-09-2014
(This writ petition is filed under Article 226 of the Constitution of India prsying to auash the impugned order dated 17/21.12.2013 passed by the 4th respondent, marked as Annexure-B and quash offensive portion of the order dated 22.11.2013 passed by the 1st respondent marked as Armexure-A to the WP. This petition coming on for preliminary hearing in 'B' group this day, the Court made the following:) 1. Petitioner was selected and appointed on 21.11.1993 as a Bill Collector by the then Mandal Panchayat, Inkal. Said Panchayat having been bifurcated, on 01.04.1994, the Chief Executive Officer, Zilla Panchayat, Mysore, posted the petitioner to Belwadi Grama Panchayat, Taluk and District Mysore. The 1st respondent having passed an order dated 22.11.2013, vide Annexure-A, in exercise of the power under S.43-A of the Panchayat Raj Act, 1993 (for short, 'the Act') removing Smt. Bhagya Lokesh, an elected member, from the membership of Belwadi Grama Panchayat, since the said order contains an o...
Tag this Judgment!Muniswamy Vs. Charles Katanu George and Another
Court: Karnataka
Decided on: Jan-09-2014
(Prayer: This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the judgment and award dated: 22.10.2008 passed in MVC No.1981/2007 on the file of VII Addl. Judge, Court of Small Causes, Member, MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. The above appeal is preferred against the judgment and award dated 22.10.2008 passed in MVC No.1981/2007 on the file of the VII Additional Judge, Court of Small Causes and Member, MACT, Bangalore City. 2. It is the case of the claimant that on 28.12.2006 at about 10.00 a.m. when he was standing by the side of the road near Auto Mart Junction at Sarjapura Road in order to cross the road, the Honda Activa Scooter bearing registration No. KA-01-ED-7301 came from Agara Circle towards Jakkasandra side in a rash manner in high speed and dashed against the claimant, who was on the extreme left side of the road, on account of which, the claimant fell and sustained g...
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