Karnataka Court January 2014 Judgments
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D.C. Chandrashekariah Vs. Divisional Controller, Ksrtc, Chickmagalur
Court: Karnataka
Decided on: Jan-09-2014
(Prayer: This Writ Appeal is filled under Section 4 of the Karnataka High Court Act praying to set aside the Order passed in Writ Petition No.10744/2010 (L-K) dated 13.08.2010.) D.H. Waghela, C.J. Oral: 1. The appellant, a workman employed under the respondent -State Transport Corporation (KSRTC, Chickmagalur), has called into question the order dated 13.08.2010 in Writ Petition No.10744/2010 of learned Single Judge of this Court, whereby the petition of the appellant was partly allowed, so as to modify the award of the Industrial Tribunal, partly holding in favour of the appellant. 2. The interesting facts, in brief, of the case of the appellant are that he was employed as a Conductor under the respondent and after nearly 11 years of service, he was compulsorily retired on 07.03.2001 on the ground of surgical amputation of his leg due to which, he had remained absent from 03.04.2000 to 30.09.2000. According to the respondent, the appellant was admitted to hospital due to pain in his l...
Puttamma and Others Vs. the Deputy Commissioner, Shimoga District and ...
Court: Karnataka
Decided on: Jan-08-2014
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the Order passed by the learned Single Judge in Writ Petition No. 32766/2009 (KLR-RR/SUR) dated 12/11/2009.) 1. The appellants herein, questioning the correctness or otherwise of the order impugned passed by the learned Single Judge, in Writ Petition No.32766/2009 (KLR-RR/SUR) dated 12th November 2009, have presented this writ appeal. In the said writ petition, the appellants herein had sought for quashing the order dated 2nd July 2009 in Regular Appeal No.24/2006-07 passed by the first respondent vide Annexure A and consequently orders dated 24th November 2003 dated 19th December 2006 at Annexures B and C to the writ petition. 2. The said writ petition was dismissed by the learned Single Judge as being devoid of merits. Being aggrieved by the said order of the learned Single Judge, the appellants have presented this appeal seeking appropriate reliefs, as stated above. 3. Brief fact...
D.G. Vasudev Vs. Government of Karnataka, Public Works Department and ...
Court: Karnataka
Decided on: Jan-08-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 29.11.2012 passed by the Karnataka Administration Tribunal at Bangalore in Application No.8170/2003, etc.) 1. The petitioner was appointed as a Literate Assistant on daily wage basis by the third respondent on 1.9.1983. He was terminated from service on 22.5.1985. The petitioner challenged the termination order before the Labour Court in Reference No.54/1994. The Labour Court passed an award as per Annexure 'A1' on 28 4.1999 directing reinstatement of the petitioner with 25% backwages and continuity of service with all consequential benefits. Since the respondent authorities failed to implement the award, the petitioner filed a writ petition before this Court in W.P.No.43457/1999 for implementation of the award. This Court modified the award by directing reinstatement of the petitioner with 25% of the backwages from the date of the reference, namely, from 30.9....
Karnataka Wakfs Protection and Another Vs. the State of Karnataka and ...
Court: Karnataka
Decided on: Jan-08-2014
(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India, praying to call for records and quash the Notification, Appointing/Nominating respondent Nos.4, 5 and 6, as members of the Karnataka State Board of Wakfs, vide Notification dated 20.8.2011 at Annexure-A, etc.) ORDER 1. Challenge in these writ petitions is to the appointment/nomination of the respondents 4, 5 and 6, as Members of the Karnataka State Board of Wakfs (for short the Board), vide Notification No.MWD 237 WES 2011, Bangalore, dated 20.08.2011, of the Government of Karnataka. By the said notification, in exercise of the powers conferred under S.14(9) of the Wakfs Act, 1995 (for short the Act) and Rule 32 of the Karnataka Wakfs Rules, 1997, the persons named therein were appointed as members of the Board for a period of five years under S.15 of the Act. 2. The present Act (Act 43 of 1995), which replaced the Wakfs Act, 1954 (29 of 1954) and the Wakfs (Amendment) Act, 1984 (69 of 1984) was...
M/S. Shivaganga Leather Crafts and Others Vs. Chief Manager
Court: Karnataka
Decided on: Jan-08-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 of Constitution of India Praying To Quash The Orders Passed By The Drt Karnataka Bangalore In O.A.No.879/1998 Dtd. 29.10.2013 Passed On I.A.No.2976/2013 Vide Annex-A And Consequently Allow The Petitioners To Cross Examine The Witness Aw2-Aw4.) 1. The petitioners are before this Court assailing the order dated 29.10.2013 passed on IA.No.2976/2013 in O.A.No.879/1998. The order is impugned at Annexure-A to the petition. 2. The instant case has a checkered history. At the first instance, when the petitioners had not been granted opportunity of cross-examining AW-1, the petitioners were before this Court in W.P.No. 14158/2007. Despite this Court by its order dated 26.11.2007 directing the Tribunal to permit cross-examination, the same had not been permitted. Ultimately, when the order of the Debts Recovery Tribunal was passed against the petitioners, the petitioners had approached the Debts Recovery Appellate Tribunal (for shor...
H. K. Praveena Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-08-2014
(Prayer: This Crl.P Filed U/S.439 Cr.P.C By The Advocate For The Petitioner Praying That This Hon'ble Court May Be Pleased To Enlarge The Petr. On Bail In Crime No.34/13 Of Balur P.S., Chickmagalur, For The Offences P/U/S 395 OF IPC.) 1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking his release on bail of the offences punishable under Section 395 of IPC registered in Crime No. 209/2013 of Aldur Police Station and subsequently registered in Balur Police Station in Crime No.34/2013 for the offence under Section 395 of IPC. 2. The brief facts as averred in the petition are that : The respondent “ Police registered a case against the petitioner and nine others for the alleged offence under Section 395 of IPC and petitioner has been shown as accused No.1. The further averments are that, one Nagaraj, Roopesh and Mahesh residents of Shikaripura, Shimoga, had purchased 16 cattle for cultivation purpose from Saragodu of Chickmagalur and the complainant had g...
A.K. Lakshmanappa Vs. State of Karnataka, Rep. by Its Secretary, Urban ...
Court: Karnataka
Decided on: Jan-07-2014
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order of dismissal dated 18.4.2013 vide Annexure-A passed by the 2nd respondent and direct the respondents to take back the petitioner to duty immediately with all consequential benefits in view of initiation of Departmental Enquiry.) Order: 1. Petitioner, who was in the cadre of Community Organizer and worked in the office of City Municipal Council, Harihara-Davanagere, has filed this writ petition, to quash an order of dismissal dated 18.04.2013 (Annexure-A), passed by the Director, Municipal Administration Department, Government of Karnataka, Bangalore and to direct the respondents to take him back immediately to duty and extend all consequential benefits. 2. One Smt. Sushelamma, wife of Eshwarappa, Durgigudi Layout, Honnali Taluk, Davanagere, filed a complaint on 11.07.2007 before the Police Inspector, Karnataka Lokayukta, Davanagere, alleging that when she applied...
Umesh Vs. Subramanya Police Station
Court: Karnataka
Decided on: Jan-06-2014
(Prayer: This Criminal Petition filed under Section 439 Code of Criminal Procedure, 1973, by the Advocate for the petitioner praying to enlarge the petitioner on bail in Crime No.326/2012 of Subramnyanagar Police Station, Bangalore City, for the offences punishable under Section 397 of IPC.) Heard the learned counsel for the petitioner and the respondent. This petition iiled under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking that the petitioner be enlarged on bail, was dismissed for default bv an order dated 4/6/2013. It is thereafter that the present application to recall the order dated 4/6/2013 is filed. At the outset, it was noticed that, by virtue of Section 362 of the Cr.P.C., there was doubt expressed as to whether this court could review the order having dismissed the petition for default. In this regard, the learned counsel has placed reliance on two decisions of this court namely MADAIAH VS. STATE OF MYSORE (AIR 1963 Mysore 191) and IBRAHIMSAB VS. FA...
Abdul Azeez and Others Vs. the State of Karnataka by Its Secretary to ...
Court: Karnataka
Decided on: Jan-06-2014
(Prayer: Wp Is Filed Under Articles 226 and 227 Of The Constitution Of India Praying To Quash Annexure-C Dated 21.8.2013 In No.Udd 118 Mlr 2013, Bangalore, Issued By R-1 And Direct The R-1 To Allot General For The Post Of Mayor By Way Of Reservation As Per The Rotation System As Contemplated Under Article 243t(4) Of The Constitution Of India And As Per The Guidelines Issued By The R-1 As Per Annexure -C. These Wps Are Filed Under Articles 226 and 227 Of The Constitution Of India Praying To Quash The Notification Issued By Respondent No.1 Bearing No.Udd 117 Mlr 2013 (1) Bangalore, Dated 23.8.2013 Published In The Official Gazette Dated 23.8.2013 Vide Annexure- B And Etc., Wp Is Filed Under Articles 226 and 227 Of The Constitution Of India Praying To Quash Annexure -C Dated 23.8.2013 In No.Udd 117 Mlr 2013(1), Bangalore Issued By R-1 And Direct The R-1 To Allot General For The Post Of President As Reservation As Per The Rotation System As Contemplated Under Article 243t(4) Of The Constit...
Omana Chetan Vs. M/S. Oriental Insurance Company Ltd. and Others
Court: Karnataka
Decided on: Jan-06-2014
(Prayer: This MFA is filed U/S 173 (1) of MV Act against the Judgment and Award dated: 30/03/2007 passed in MVC No.5822/2004 on the file of the Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Bangalore (SCCH-9), partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. These two appeals respectively by the wife of deceased late S.R. Chetan for the injuries sustained by her and by the wife and daughter of deceased late S.R. Chetan, on account of the death of the deceased late S.R. Chetan, are directed against the common judgment and award dated 30th March 2007, passed in MVC Nos.5822/2004 and 5814/2004 respectively, by the Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Bangalore (SCCH-9), (for short, Tribunal) for enhancement of compensation on the ground that, the compensation of Rs.1,03,000/- and Rs.4,63,400/- awarded in their favour as against their claim for Rs.25,00,000/- and Rs.50,00,000/- respecti...
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