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Karnataka Court October 2016 Judgments

Oct 28 2016

Akshara Motors Pvt. Ltd. and Others Vs. The Secretary, Labour Departme ...

Court: Karnataka

Decided on: Oct-28-2016

(Prayer: W.P.No. 25215/2016 is filed under Article 226 of the Constitution of India, praying to quash the impugned notification dated 03.08.2015 at Annexure-B to this Writ Petition.) 1. Common questions of facts and law arise for consideration in these petitions which were heard together and shall stand disposed of by this Common Order. 2. These petitions have been filed by the employer(s), challenging the Notification(s) of the Government of Karnataka, issued in exercise of the power under S.3(1)(b) and S.5(1)(b) of the Minimum Wages Act, 1948 (for short, 'the Act'), revising the rates of minimum wages with respect to scheduled employments, with effect from 01.04.2015. 3. The respondents are the Government of Karnataka in whose name the impugned Notification(s) have been issued and published and the Trade Unions which espoused the cause of employees / sweated labour employed by the petitioners and other employers in the State of Karnataka. 4. The material facts and events which have g...

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Oct 28 2016

The Branch Manager, United India Insurance Co. Ltd. rep. by its Divisi ...

Court: Karnataka

Decided on: Oct-28-2016

(Prayer: This Appeal is filed under u/sec.173(1) of M.V. Act 1988, against the Judgment and Award dated:30.09.2011 passed in M.V.C. No.1125/2010 on the file of the Motor Accident Claims Tribunal No.XI, at Bellary, awarding the compensation of Rs.35,000/- with interest at the rate of 6% p.a. from the date of petition till its realization. This Appeal is filed under u/sec.173(1) of M.V. Act 1988, against the Judgment and Award dated:30.09.2011 passed in M.V.C. No.1124/2010 on the file of the Motor Accident Claims Tribunal No.XI, at Bellary, awarding the compensation of Rs.40,000/- with interest at the rate of 6% p.a. from the date of petition till its realization. This Appeal is filed under u/sec.173(1) of M.V. Act 1988, against the Judgment and Award dated:30.09.2011 passed in M.V.C. No.1123/2010 on the file of the Motor Accident Claims Tribunal No.XI, at Bellary, awarding the compensation of Rs.7,69,000/- with interest at the rate of 6% p.a. from the date of petition till its realizati...

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Oct 28 2016

Murthy @ Narasimhamurthy Vs. Salim and Another

Court: Karnataka

Decided on: Oct-28-2016

(Prayer:This M.F.A. is filed under Section 30(1) of W.C. Act against the Judgment dated 30.10.2012 passed in WCA/Ban-2/NFC/CR-11/2010 on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub Division-2, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal is directed against the Judgment and Order passed by the Commissioner for Workmen s Compensation, Bangalore ( Commissioner for short) in No.WCA/BAN-2/NFC/CR-11/2010 whereby the Commissioner has awarded compensation of Rs.2,30,568/- with interest at 12% p.a. after 30 days of the accident till the date of deposit. 2. Brief facts of the case are, on 12.1.2010 the appellant met with an accident arising out of and in the course of employment under 1st respondent while working as a driver in the bus bearing No.KA-01/A-1563. It transpires that the appellant sustained grievous injuries in the employment accident, as a result of which his left leg was a...

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Oct 28 2016

Krishnamurthy Vs. State of Karnataka, represented by Sakkrepatna Polic ...

Court: Karnataka

Decided on: Oct-28-2016

(Prayer : This Criminal Appeal is filed under section 374(2) CR.P.C praying to set aside the judgment dated 31.12.2011/07.01.2012 passed by the P.O. Fast track Court, Chikmaglur in S.C.No.128/2010-convicting the Appellant/Accused for the offence punishable under section 4 of D.P.Act and Sec 498(A) and 304-B of IPC. This criminal appeal having been heard and reserved for judgment on 27.09.2016 before the Division Bench consisting of HGRJ and KNPJ, coming on for pronouncement of judgment , this day, K.N. J.Phaneendra., delivered the following.) 1. The appellant, who was arrayed as Accused No.1 (A.1) before the Fast Track Court, Chikmaglur, in SC No. 128/2010 has called in question the judgment of conviction and sentence passed against him in the said case vide judgment dated 31.12.2011. The trial Court has convicted the appellant for the offences punishable under sections 304B and 498A of IPC and also u/s.4 of the Dowry Prohibition Act. The appellant is sentenced to (i) undergo impriso...

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Oct 28 2016

Akshara Motors Pvt Ltd Vs. The Secretary

Court: Karnataka

Decided on: Oct-28-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF OCTOBER, 2016 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION Nos.56099-56184/2015 (L-RES) C/W W.P.Nos.7387/2016 (L-MW), 7391/2016 (L-RES), 7453-7458/2016 (L-RES), 7459-7465/2016, 7556/2016 (L-MW), 8196-8199/2016 (L-RES), 10069/2016, 11109- 11110/2016, 12837-12855/2016, 13207-13213/2016, 13887/2016, 14259-14260/2016 15120-15126/2016, 15974-16013/2016, 20312-20313/2016, 20931-20932/2016 AND252152016 (L-MW) In W.P.Nos.56099-56184/2015 BETWEEN:1. AKSHARA MOTORS PVT. LTD., SY.NO.13 11 K M KANAKAPURA ROAD BANGALORE 560 062 REPRESENTED BY ITS MANAGING DIRECTOR M.P. SHYAM AGED ABOUT52YEARS BENGALURU CITY. 2 PRERANA MOTORS (P) LTD., PRIDE HULKUL, 1ST FLOOR116 LALBAGH ROAD BANGALORE 560 027 REPRESENTED BY ITS MANAGING DIRECTOR A.R.GOPAL AGED ABOUT49YEARS BENGALURU CITY. PRERANA MOTORS REGIO PRIDE HULKUL, 1ST FLOOR NO.116, LALBAGH ROAD BANGALORE 560 027 REPRESENTED BY ITS MANAGING DIRECTOR A.R.GOPAL...

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Oct 27 2016

Jayamma Vs. The State of Karnataka, Department of Home, By its Secreta ...

Court: Karnataka

Decided on: Oct-27-2016

(Prayer: This Writ Petition(HC) is filed under Articles 226 and 227 of the Constitution of India praying to issue a Writ in the Nature of Habeas Corpus declaring the detention of Giddappa @ Lambu Giddappa S/o Late Mahadevappa by Orders Dated 15.07.2016 (Annexures A and B in English and Kannada) passed by Respondent No.3 in No.MAG(1).CR.24/16-17/58952 and the Order of approval Dated 20.07.2016 (Annexure-E) passed by Respondent No.2 in No.HD 278 SST 2016 and the order of Confirmation Dated 17.08.2016 (Annexure-F) passed by Respondent No.2 in No.HD 278 SST 2016 as illegal and Void Ab-Initio and to issue a Writ in the Nature of Mandamus directing the Respondents to release the detenu by name Giddappa @ Lambu Giddappa S/o late Mahadevappa.) H.G. Ramesh, J. 1. Whether a second order of detention passed under the provisions of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates ...

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Oct 27 2016

The Special Land Acquisition Officer Vs. Sharanabasappa S/O Shivappa Y ...

Court: Karnataka Dharwad

Decided on: Oct-27-2016

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BEN CH DATED THIS TH E27T H DAY OF OCTOBER2016PRESENT THE H ONBLE MR. JUSTICE ASH OK B. HINCHI GERI AND THE H ONBLE MR. JUSTICE P.S.DINESH KUMAR MFA N O.23025/2013 (LAC) C/W. MFA N O.23815/2013 (LAC) IN MF A N O.23025/2013 BETWEEN: THE S PECIAL LAND ACQUISITION OFFICER UPPER KRISHNA PROJ ECT, BA GALKOT ... APPE LLANT. (BY SMT. K .VIDYAVATHI, ADD L. GOVERNMENT ADVOCATE .) AND1. 2 . SHARANABASAPPA S/ O SHIVA PPA YANDIGERI R/O.HIR EGULABAL, TQ: DT: BA GALKOT SHANMUKHAPPA S/O SHIVA PPA YANDIGERI R/O.HIR EGULABAL, TQ: DT: BA GALKOT (BY SRI ANAND R KOLLI , ADV OCATE , F OR C/R1 R2.) ... RES PONDENTS2THIS MISCELLAN EOUS FIRST APPEAL IS FI LED UNDER S ECTION54(1) OF LAND A CQUISITION A CT, PRAYING T O SET ASIDE THE J UDGMENT AND AWARD DATED0701.2013 PASSED IN LAC NO.44/2008 ON THE FILE OF TH E II ADD L. SENI OR CIVIL J UDGE, BAGALKOT , ETC.,. IN MF A N O.23815/2013 BETWEEN:1. . 2 . SHARANABASAPPA S/ O SHIVA PPA YANDIGERI , AGE:49. YEARS , OCC: A GRICU...

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Oct 27 2016

Smt Jayamma Vs. The State of Karnataka

Court: Karnataka

Decided on: Oct-27-2016

1 WP(HC) No.117/2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE27H DAY OF OCTOBER2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE K.N.PHANEENDRA WRIT PETITION (HC) NO.117/2016 R ...PETITIONER BETWEEN: SMT. JAYAMMA W/O LATE MAHADEVVAPPA AGED ABOUT65YEARS R/AT CHANNAKESHAVA NAGARA NEAR ANAGANAWADI CENTER SHIKARIPURA TOWN -577 427 SHIVAMOGGA DISTRICT (BY SRI K.N.JAYAPRAKASH & SRI M.VISHWAJITH RAI, ADVOCATES) AND:1. 2.3. THE STATE OF KARNATAKA DEPARTMENT OF HOME VIDHANA SOUDHA BANGALORE -560 001 BY ITS SECRETARY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE SHIVAMOGGA DISTRICT SHIVAMOGGA 577 201 THE UNDER SECRETARY HOME DEPARTMENT (LAW & ORDER) GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE 560 001 2 WP(HC) No.117/2016 THE SUPERINTENDENT OF POLICE SHIVAMOGGA DISTRICT SHIVAMOGGA 577 201 4.5. (BY SRI D NAGARAJ, AGA) THE SUPERINTENDENT CENTRAL PRISON BELLARY-583 101 ...RESPONDENTS THIS WRIT PETITION(HC) IS FILED UNDER ARTICLES226& 227 OF THE CON...

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Oct 26 2016

S. Lalitha Vs. Returning Officer-Cum-Assistant Commissioner, Kollegala ...

Court: Karnataka

Decided on: Oct-26-2016

Vineet Kothari, J. 1. The petitioner has assailed the order dated 28-7-2016 passed by the learned Senior Civil Judge and Judicial Magistrate First Class, Kollegal, allowing the application filed by the 2nd respondent under Order 7, Rule 11 of Civil Procedure Code, 1908, while rejecting the application filed by the present petitioner under Order 7, Rule 10 of CPC for return of the plaint of election petition filed by the present petitioner. 2. The reasons assigned by the learned Court below in the impugned order is quoted below for ready reference: "24. The Karnataka Gram Swaraj and Panchayat Raj Act, 1993 does not contain any provision regarding returning of the petition. The amended Act has also not given any power to the Court having no jurisdiction to return the election petition to submit the same before the Court having competent jurisdiction. Section 24-A as discussed earlier only empowers the Court to transfer the pending election petitions to the Court of competent jurisdiction...

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Oct 26 2016

Mr Jai M Patil Vs. The Commissioner

Court: Karnataka

Decided on: Oct-26-2016

1/13 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 26th day of October, 2016 Before THE HONBLE DR JUSTICE VINEET KOTHARI Writ Petition No.10976/2015 (LB-BMP) Between Mr. Jai M. Patil S/o M.S. Patil Aged About 38 years R/at. No.39, Madeshwaralayout Chamundinagar Main Road R.T. Nagar, Bangalore-560032. (By Ms. Sreedevi K.B. Advocate) And 1. The Commissioner Bangalore Mahanagara Palike N.R. Square, Bangalore-560002. ... Petitioner 2. The Assistant Revenue Officer Bruhath Bengaluru Mahanagara Palike Hebbal Division Munireddypallya Main Road Opposite Fun World, J.C. Nagar Bangalore 560094. ... Respondents (By Mr. K.V. Mohan Kumar, Advocate for R1 & R2) ***** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to restore Date of Order 26-10-2016 W.P.No.10976/2015 Mr. Jai. M. Patil Vs. The Commissioner & Anr. 2/13 the Khatha of Schedule Property in Katha No.11 (PID No.100-591- 11/A) MLA Layout, Lottegollahalli,...

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