Karnataka Court August 2015 Judgments
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S.J. Shashikala Vs. S.R. Santosh and Another
Court: Karnataka
Decided on: Aug-19-2015
(Prayer: This M.F.A. is filed under Section 173(1) of MV Act against the judgment and award dated 29.08.2012 passed in MVC No.169/2012 on the file of the presiding officer, fast track Court-II and member, additional MACT, Mysore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal is directed against the judgment and award dated 29th August 2012 passed in M.V.C.No.169/2012 on the file of the Presiding Officer, Fast Track Court-II and Member, Additional M.A.C.T., Mysore ('the Tribunal' for short) being dissatisfied with the compensation awarded by the Tribunal. 2. The petitioner herein filed a petition before the Tribunal under Section 166 of the Motor Vehicles Act, seeking compensation in respect of injuries sustained by her in a vehicular accident that occurred on 8.10.2011 at about 12.30 p.m. Her case was, on 8.10.2011 at 11.30 p.m., she was riding her two wheeler vehicle bearing registration No.KA-45/K-8421 carefully towards S...
Khamar Nizami Vs. State Election Commission, Karnataka, Bangalore and ...
Court: Karnataka
Decided on: Aug-19-2015
1. The petitioner is aggrieved by the order dated 21-7-2015 passed by the Commissioner, State Election Commission, whereby the learned Commission has disqualified the petitioner under Section 16-C of the Karnataka Municipalities Act, 1964 ( ˜the Actfor short), from the post of Councillor of Channapatna City Municipal Council. 2. Briefly the facts of the case are that in the Municipal Council election held in the year 2013, the petitioner was elected as a Councillor from Ward No. 23, Fausdar Beedi (Fausdar Road) under the Channapatna City Municipal Council. By notice dated 10-9-2013 issued by the State Election Commission, the petitioner was called to furnish the account of election expenses with the Returning Officer-cum-Tahsildar of Channapatna within a period of twenty days from the date of receipt of the notice in accordance with Section 16-B of the Act. However, the petitioner did not submit the election expenses within the stipulated period of twenty days. In fact, the petit...
National Insurance Co. Ltd., (Subsidiary of General Insurance Corporat ...
Court: Karnataka
Decided on: Aug-19-2015
(Prayer: This WA is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the W.P.No.33602/2004 (S-DE) dated 28.3.2011.) Vineet Saran, J. 1. This writ appeal is filed by the National Insurance Company challenging the order of the writ Court whereby the punishment of reduction of basic pay by three stages permanently awarded against the respondent “ employee has been reduced to reduction of basic pay by one stage permanently. 2. Brief facts of the case are that the writ petitioner/respondent herein (Sri C K Shamanna) was an employee of the appellant/National Insurance Company Ltd. In the year 1999, when he was Senior Assistant in the Company, a charge sheet was given to him on 20.12.1999, which was with regard to diversion of some insurance commission during the period 1996-1999 to the account of an Insurance agent. Four charges were framed against the employee. On enquiry, three charges were partially proved and one charge was found not pr...
Thomas Jeffrey Kidd Vs. State of Karnataka, by International Airport P ...
Court: Karnataka
Decided on: Aug-19-2015
(Prayer: This Crl.P. is filed under S.482 Cr.P.C., praying to quash the complaint and the FIR dated 23.4.2015 registered in Crime No.57/2015 registered by the Airport Police Station, Devanahalli, Bengaluru rural district for the offence under S.25(1-b)(a)(b) of the Arms Act, 1959 pending on the file of Civil Judge and JMFC, Devanahalli.) 1. This petition under S.482 of Cr.P.C., was filed for quashing of the FIR dated 23.04.2015, registered in Crime No.57/2015, by the Airport Police Station, Devanahalli, Bengaluru Rural District, in respect of an offence under S.25 (1-B) (a) and (b) of the Arms Act, 1959 (for short 'the Act') pending on the file of the Civil Judge and JMFC, Devanahalli and to refund cash security of Rs.10,000/- deposited by the petitioner, as a condition for grant of bail and also for cancellation of personal bond executed for Rs.20,000/- by the petitioner and entire proceedings pending thereon. 2. The case of the petitioner is that he is an American national and issued...
Srinivas and Others Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-19-2015
1. The judgment and order dated 31-1-2011 passed by the Fast Track Court-II, Bengaluru Rural District, Bengaluru in Sessions Case No.161 of 2008 is the subject-matter of these two appeals. By the impugned judgment and order, the Trial Court has acquitted all the accused for the offence under Section 307 read with Section 149 of Indian Penal Code, 1860, but convicted them for the offences punishable under Sections 148, 341, 324 and 506, Para II read with Section 149 of IPC. The convicted accused have filed Cri.A.No.218 of 2011 seeking for their acquittal; the State has filed Cri.A.No.530 of 2011 praying for an order of conviction against all the accused for the offence punishable under Section 307 of IPC. 2. Case of the prosecution in brief is that there is boundary dispute between P.W.2 and accused 1 in respect of an agricultural land; accused 1 had purchased the said agricultural land to the extent of half portion; P.W.2 was a prospective vendee in respect of remaining half portion of...
Hanumawwa W/O Mallappa Timmapur, Vs. The Chief Secretary,
Court: Karnataka Dharwad
Decided on: Aug-19-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH Dated this the 19th day of August 2015 Before THE HONBLE MR.JUSTICE ASHOK B.HINCHIGERI Writ Petition Nos.104681-104721/2015 (LA-RES) Between:1. i) Smt. Hanumawwa W/o Mallappa Timmapur Hadimani, Age:50. Years, Occ: Agriculture, ii) Vittal S/o Mallappa Timmapur, Age:25. Years, Occ: Agriculture, 2. Mangalappa S/o Erappa Bijjur, Age:55. Years, Occ: Agriculture, 3. Mangalappa S/o Dyavappa Bijjur, Age:36. Years, Occ: Agriculture, 4. Mallappa S/o Basalingappa Bijjur, Age:64. Years, Occ: Agriculture, 5. Ningappa S/o Hanamappa Mangaladgudd, Age:55. Years, Occ: Agriculture, 6. Hanamappa S/o Dyavappa Pujari, Age:56. Years, Occ: Agriculture, :2. :7. Devaraj S/o Sabanna Jaggal, Age:34. Years, Occ: Agriculture, 8. Ramappa S/o Basappa Begar, Age:36. Years, Occ: Agriculture, 9. Kenchawwa W/o Basappa Madar, Age:38. Years, Occ: Agriculture, 10. Smt. Sangawwa W/o Mahadevappa Bijjur, Age:45. Years, Occ: Agriculture, 11. Yamanagouda @ Yamanappagouda S/o ...
National Insurance Co Ltd Vs. C K Shamanna
Court: Karnataka
Decided on: Aug-19-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF AUGUST, 2015 PRESENT THE HONBLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE B MANOHAR W.A No.4214/2011 (S DE) BETWEEN: National Insurance Co. Ltd., (Subsidiary of General Insurance Corporation of India), Bangalore Regional Office Shubharam Complex 144, M G Road, Bangalore-560 001 Represented by it Secretary Now r/by its Regional Manager. (By Sri L Govindaraj, Adv.) AND: C K Shamanna, s/o D Channaiah Aged about 66 years Senior Assistant (Retd.) D.O. II Bangalore, National Insurance Company Limited, R.o No.2664 8th B Main, 17th B Cross B S K, II Stage, Bangalore-560 070. (By Sri T Rajaram, Adv.) .. Appellant .. Respondent 2 This WA is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the W.P.No.33602/2004 (S-DE) dated 28.3.2011. This WA coming on for admission this day, VINEET SARAN,, J., delivered the following: JUDGMENT This writ appeal is filed by the National...
ICICI Lombard General Insurance Company Limited, Mysore Vs. S. Sundara ...
Court: Karnataka
Decided on: Aug-18-2015
1. The petitioner is before this Court assailing the order dated 19-12-2012, which is impugned at Annexure-E to the petition. 2. The first respondent herein had filed a claim petition in WCA.CR.No.12/2008 before the Commissioner for Workmen's Compensation, Mandya Sub-Division-I, Mandya. The Commissioner for Workmen's Compensation at the first instance had dismissed the claim petition by the judgment dated 27-8-2011. The first respondent herein tiled a petition under Order 9, Rule 9 of Civil Procedure Code, 1908 in Misc.No.1/12 seeking that the judgment be set aside and the case be restored for consideration. The Commissioner by the order dated 19-12-2012 has allowed the application and restored the case so as to permit the first respondent herein to adduce the evidence afresh and also the Doctor's evidence. The petitioner herein who was the second respondent to the said proceedings has assailed the said order. 3. The learned Counsel for the petitioner would contend that when the Commis...
Commissioner of Income-tax, Hubli Vs. Executive Engineer
Court: Karnataka
Decided on: Aug-18-2015
Subhro Kamal Mukherjee, Actg. CJ. 1. These appeals by the revenue are against the judgment and order dated September 30, 2013, passed by the Income-Tax Appellate Tribunal, C Bench, Bengaluru, affirming the order dated July 29, 2011, passed by the Commissioner of Income-tax (Appeals), Navanagar, Hubli. 2. We are informed that in all these six appeals, similar questions of law and facts are involved. Therefore, by consent of the parties, we take up all these appeals for analogous hearing. 3. Gulbarga Electricity Supply Company Limited, the assessee in short, challenged demands of the jurisdictional Deputy Commissioner of Income-tax. Appeals were filed before the Commissioner of Income- tax (Appeals) and by order dated July 29, 2011, the appeals were partly allowed. The revenue took the matter before the Income-tax Appellate Tribunal, but the attempt of the revenue was abortive. 4. The first issue involved in these appeals is if on the payment made against the supply of materials included...
S.N. Sinha Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Aug-18-2015
1. The lis brought before Court lies in a narrow compass. The core question for decision making is whether endorsement dated 6-12-2014 Annexure-A of the Deputy Commissioner, Bangalore District, rejecting petitioner's application dated 30-6-2014 for permission to divert the use of agricultural land measuring 20 guntas in Sy.No.142/1B1 of Jodi Pattandur Agrahara Village, K.R. Puram Hobli, Bangalore East Taluk is in accordance with Section 95(3) of the Karnataka Land Revenue Act, 1964 (for short, KLR Act') and if illegal whether petitioner is entitled to a deemed permission under sub-section (5) of Section 95 of the KLR Act'? 2. Facts not in dispute, petitioner's application for permission under Section 95(2) is dated 30-6-2014. The Deputy Commissioner in exercise of jurisdiction under sub-section (3) of Section 95 may refuse such permission to divert on grounds that the diversion is likely to defeat the provisions of any land for the time being in force or that it is likely to cause publ...
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