Karnataka Court March 2016 Judgments
Manjunath Yamanappa Elemmi Vs. The State of Karnataka, Represented By ...
Court: Karnataka Dharwad
Decided on: Mar-16-2016
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notification dated: 04.03.2016 (Annexure-A), issued by the 1st Respondent, in so far as reservation made to the Post of President of City Municipal Councils, Bagalkote in favour of the BCA women concerned and etc.,) 1. The petitioner in this writ petition has sought for quashing the Notification dated 04.03.2016 issued by the 1st respondent insofar as reservation made to the post of President of City Municipal Council, Bagalkote, in favour of BCA-Women category is concerned. 2. In the writ petition, the petitioner has contended that he was elected as a member of the Bagalkote City Municipal Counsel to the 10th ward which was reserved for the BCA category during the election held in the year 2013. He was an aspirant to the post of President of the City Municipal Council, Bagalkote. The State Government following Section 42 (2-A) (a) of the Karnataka Municipalities Act, 1...
Tag this Judgment!United India Insurance Co. Ltd., Vs. Anjinappa and Others
Court: Karnataka
Decided on: Mar-15-2016
(Prayer: M.F.A.No.10791/2013 filed U/s 173(1) of MV Act, against the judgment and award dated 22.08.2013 passed in MVC No.5458/2010 on the file of the judge, and XXVI ACMM, MACT, Bangalore, awarding compensation of Rs.6,20,400/- with interest @ 6% P.A. from the date of petition till realization.) 1. Since common questions of law and that of fact arise for decision making, with the consent of the learned Counsel for the parties, appeals are clubbed together, finally heard and disposed of by this judgment. 2. MFA 11366/2011 arises out of MVC 2160/2010, is filed by the claimant injured in the accident, whence this Court by order dated 11.03.2016 recorded a finding confirming the finding of the MACT attributing actionable negligence on the driver of the offending motor vehicle and fastening liability to pay compensation on the appellant insurer while the driver of the motor vehicle was held not to be Lakshminarayan but one Krishna in accordance with the charge sheet and that the occupants ...
Tag this Judgment!Eramma and Others Vs. K. Maremma and Others
Court: Karnataka Dharwad
Decided on: Mar-15-2016
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order passed by the 3rd respondent on I.A. No. Nil/2015 filed by respondents 1 and 2 on 10.09.2015 vide Annexure-G and etc.) 1. The petitioners in this writ petition have sought for quashing the order dated 10.09.2015 passed by the Assistant Commissioner allowing the application filed for Police protection. The main grievance of the petitioners in the writ petition is that the order passed by the Assistant Commissioner is contrary to law, no opportunity was given to the petitioners to substantiate their possession and the order is not a speaking order. 2. Learned counsel for respondent nos.1 and 2 contended that on the appeal filed by the respondent nos.1 and 2 under Section 136(2) of the Land Revenue Act, the Assistant Commissioner initially stayed the order. Inspite of that, the respondent in the appeal before the Assistant Commissioner is trying to interfere with the...
Tag this Judgment!The Manager, Iffco Tokio General Insurance Company Limited, Bangalore ...
Court: Karnataka Dharwad
Decided on: Mar-15-2016
1. The IFFCO Tokio General Insurance Company Limited filed this appeal challenging the judgment and order dated 6-2-2009 made No.WCA/NF/102/2008 passed by the Labour Officer and Commissioner for Workmen s Compensation, Haveri (hereinafter referred to as the WCC for short). 2. The first respondent herein filed a claim petition contending that he was working as a driver in a vehicle bearing registration No. KA-27/A-47 belonging to the second respondent herein. On 21-2-2008 as per the instructions of the owner of the vehicle, while he was proceeding on Bisalahalli-Devaragudda Road, in view of the bad condition of the road, the vehicle met with an accident and turned turtle. Due to the impact, the driver of the said vehicle sustained fracture of 5th and 6th ribs of right side, fracture of lumbo sacral spine of L-5 vertebra and other parts of the body. He had taken treatment in the Private Hospital at Ranebennur, he claimed that the owner of the vehicle was paying him salary of Rs. 4,500/- ...
Tag this Judgment!Indian Institute of Management, Bangalore Vs. State of Karnataka, Dept ...
Court: Karnataka
Decided on: Mar-15-2016
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 25.02.2013 of the 2ND respondent vide Annexure-P and direct the 2ND respondent to receive only service charges as paid by the petitioner under the SAS Scheme.) 1. Petitioner is before this court to issue a writ of certiorari or any other similar writ or direction to quash the order bearing number Jam. As (Bo)/PR/77/12-13 dated 25.02.2013 passed by the 2nd respondent vide Annexure-P and to issue a writ of mandamus directing the 2nd respondent Corporation to receive only service charges as per SAS Scheme. 2. Sri. K.N.Subba Rao, learned Senior Counsel appearing for the petitioner submits that petitioner is a public institution imparting education in Management Studies and Research and is wholly controlled and managed by the Ministry of Human Resource and Development, Government of India. The petitioner institution was established in the year 1973 entirely with the ...
Tag this Judgment!N. Dinesh and Others Vs. Rakesh Ramakanth
Court: Karnataka
Decided on: Mar-15-2016
(Prayer: This Crl.A is filed U/S.378(4) of Cr.P.C praying to set aside the impugned judgment passed in C.C.No.956/2007 dated 21/2/2012 by the Civil Judge and JMFC., Holenarasipura, Hassan District - acquitting the Respondent/Accused of the offences P/U/S.138 N.I.ACT.) 1. This appeal by the appellants/complainants is directed against the judgment and order dated 21st February 2012 passed by the Civil Judge and JMFC at Holenarasipura in C.C.No.956/2007. 2. By the impugned judgment and order, the trial Court acquitted the respondent/accused for the offence punishable under Section 138 of Negotiable Instrument Act. 3. Aggrieved by that, the appellants/complainants have filed this appeal. 4. Briefly stated the facts are; The appellants filed a private complaint in C.C.No.956/2007 for the offence punishable under Section 138 of Negotiable Instrument Act. The case of the appellants was that the respondent had issued a cheque bearing No.149283 dated 2.11.2006 for a sum of Rs..4,50,000/-. The c...
Tag this Judgment!Sanjay Vs. The Management of Nwkrtc, Hubli Division, Hubli
Court: Karnataka
Decided on: Mar-15-2016
1. Award dated 11-1-2012 passed in ID No. 43 of 2008 by the Labour Court, Hubballi setting aside the penalty of reduction of basic pay of the workman to the minimum scale of the post of conductor and substituting it by the penalty of withholding of one increment with cumulative effect for the proved misconduct of non-issue of tickets and non-collection of fare from six passengers of the KSRTC bus has been challenged both by the workman and the management of NKRTC in these two writ petitions. W.P. No.78258 of 2013 is filed by the Corporation whereas W.P. No. 109416 of 2014 has been filed by the Corporation whereas W.P. No. 109416 of 2014 has been filed by the workman. 2. Undisputed facts are that the workman was a conductor in the bus belonging to respondent-Corporation. While he was conducting the bus from Dharwad to Lakmapur, the bus was checked by the Checking Inspector near Dasanakoppa Cross and it was found that out of 30 passengers in the bus, workman had failed to issue tickets t...
Tag this Judgment!Nemappa Vs. Bhimanna and Another
Court: Karnataka Kalaburagi
Decided on: Mar-14-2016
S. Sujatha, J. 1. The Claimant is before this Court assailing the judgment and Award dated 19-02-2011 passed by the Motor Accident Claims Tribunal No. VIII at Muddebihal in MVC No. 180/2008. 2. The Tribunal after appreciating the material evidence available on record, awarded compensation of Rs. 4,66,000/- with interest at 6% per annum from the date of petition till the amount is fully realised exonerating the Insurer and directing the Owner-Respondent No. 1 to satisfy the Award. 3. Learned Counsel appearing for the Claimant would contend that the driver of the offending vehicle was driving a Tom-Tom Vehicle which is classified as Tight motor vehicle . Hence, he had a valid and effective driving licence. The Tribunal overlooking this aspect, fastened the entire liability on the Respondent No. 1 exonerating the Insurance Company for the reason that the driver had no valid and effective driving licence and as such there was breach of the terms and conditions of the insurance policy. 4. L...
Tag this Judgment!Divisional Manager, Oriental Insurance Co. Ltd., Belgaum Vs. Hanamappa ...
Court: Karnataka Dharwad
Decided on: Mar-14-2016
B. Manohar, J. 1. The Oriental Insurance Company being aggrieved by the judgment and order dated 30/9.2008 made in WCA/F/442/2007 passed by the Labour Officer and Commissioner for Workmen's Compensation, Bagalkot (hereinafter referred to as WCC'). filed this appeal. 2. First respondent herein filed a claim petition contending that son of the claimant Ramanna Jaggal was working as a Cleaner in lorry bearing No. KA-22/A- 7653, which belonged to the respondent No. 2 herein. On 23.10.2007 as per the instructions of owner of the lorry, he had been to Ultra Cement Factory, Ginigera. After unloading the slags he was sleeping near the lorry in the factory premises. At that time, a tipper bearing No. AP-16-TW-8702 came there and while parking the tipper, wheel of the tipper ran over the head and hand of Ramanna, due to which, he died on the spot. Immediately after the accident, driver of the lorry lodged a complaint before the jurisdictional Police. The Police have registered a case against the...
Tag this Judgment!P.S. Mugalihal and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Mar-14-2016
1. Though fourteen teachers working in different educational institutions run by the 7th respondent-Sarvodaya Shikshana Trust, Aravatagi, Dharwad, have jointly filed these writ petitions. Challenging Annexure-H, a communication issued by the State Government refusing permission to appoint the teachers to fill up the posts in different institutions run by the 7th respondent, the writ petitions filed by the petitioners 4, 6, 9and 13 have been disposed of as not pressed because their appointments have been already approved by the Department. Therefore, the dispute with regard to the approval of appointments of the other petitioners only survives for consideration in these writ petitions. 2. In the connected writ petition bearing W.P. No. 106649 of 2015 filed by one Nirmala, the same communication Annexure-H has been challenged and similar relief has been sought. Hence, the petitions are clubbed heard together and are disposed of by this common order. 3. Facts leading to these writ petitio...
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