Karnataka Court April 2016 Judgments
The Management of NWKRTC Vs. B.A. Madival
Court: Karnataka
Decided on: Apr-25-2016
B.S. Patil, J. 1. Petitioner - Corporation has filed this writ petition challenging the award dated 19.08.2013 passed by the Industrial Tribunal, Hubballi. 2. Industrial Tribunal has allowed the reference made by the Government oi Karnataka under Section 10(1) (d) of the Industrial Disputes Act, 1947. After adjudicating the dispute, the Tribunal has set aside the punishment imposed against the respondent - workman, reducing his present basic salary to the basic salary at the entry level of the post of conductor and directed the petitioner - Corporation to pay the monetary benefits which were denied to the workman. 3. It is not necessary to go into the merits of the case as this writ petition is filed on 21.09.2015 nearly after two years from the date of the award and its publication, without explaining the delay. Petitioner - Corporation has kept quiet for two years. There is no justification to entertain the writ petition after such long and inordinate delay without there being any ex...
Tag this Judgment!Sri N Vijendra Rao S/O Late N Srinivas Rao Vs. Vasudeva Pal S/O Late B ...
Court: Karnataka
Decided on: Apr-25-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE25H DAY OF APRIL, 2016 BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA R.S.A. NO.2057/2006 ... APPELLANT BETWEEN: SRI N VIJENDRA RAO S/O LATE N SRINIVAS RAO HINDU, AGED ABOUT71YEARS R/AT RADHA SADAN D.NO.2-2-87 CHILIMBI MANGALORE-57500 6 D.K. (By Sri: O SHIVARAMA BHAT, ADV.) AND:1. VASUDEVA PAL S/O LATE BABA PAL AGED ABOUT72YRS2 3.4. GURUDATTA S/O VASUDEVA PAL HINDU, ADULT GIRESHA S/O VASUDEVA PAL HINDU, ADULT DINESH PAL2S/O VASUDEVA PAL HINDU ADULT RESPONDENTS NO.1 TO4ARE R/AT D.NO.2-2-91/2 BEHIND COOL CRAFTS CHILIMBI MANGALORE-575006 D.K. ... RESPONDENTS (By Sri: MOHAN BHAT, ADV.) RSA FILED U/S100CPC AGAINST THE JUDGMENT AND DECREE DATED:21.4.2006 PASSED IN RA.NO6922004 (RA.NO.138/1999) ON THE FILE OF THE PRESIDING OFFICER AND DISTRICT & SESSIONS JUDGE, FAST TRACK COURT-I, D.K., MANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:16. 9.1999 PASSED IN OS.No.276/1994 ON THE FILE OF THE PRL.CIVIL ...
Tag this Judgment!Angadi Srinivas and Others Vs. M. Girija
Court: Karnataka
Decided on: Apr-23-2016
(Prayer: This RSA is filed under S.100 of CPC., against the Judgment and Decree dated 15.10.2011 passed in R.A.No.51/2008 on the file of the Civil Judge (Sr. Dn.), Maddur, allowing the appeal and setting aside the Judgment and Decree dated 09.07.2008 passed in O.S.No.33/2007 on the file of the Prl. Civil Judge (Jr. Dn.) and JMFC at Maddur.) 1. Though this appeal is listed in the admission category, in view of substantial question of law framed, with the consent of learned advocates on both sides, is taken up for final hearing. 2. The husband and father of the appellants Angadi Srinivasa, was the sole defendant in O.S.No.33/2007, on the file of the Principal Civil Judge (Jr.Dn.) at Maddur. The suit was filed by the respondent herein for passing a decree of ejectment against Sri Angadi Srinivasa and for delivery of vacant possession of the suit schedule premises. Despite service of summons, the defendant did not appear and he was placed exparte. The plaintiff got examined herself as PW.1...
Tag this Judgment!Siddu Vs. The State, through Hulsoor P.S., represented by Addl. State ...
Court: Karnataka Kalaburagi
Decided on: Apr-23-2016
(Prayer: This Crl. Petition is filed u/s. 482 of Cr.P.C. praying to quash the impugned order dated 22.04.2015 passed by the Principal District and Sessions Judge at Bidar (holding Concurrent charge of Addl. Sessions Judge, Bidar), in special case No. 4/2015 while passing order under Section 34 of Pocso Act .) 1. The petitioner, who is arraigned as an accused in Special Case No. 4/2015 on the file of the Principal District and Sessions Judge, Bidar (hereinafter referred to as the Special Judge for short), has approached this Court seeking quashing of the order dated 22.04.2015. The Learned Special Judge in the said case has passed an order under Section 34 of the POCSO Act, 2012 holding that the petitioner is aged more than 18 years as on the date of the alleged offence and therefore, he can be tried before the Special Court itself. 2. The records disclose that, earlier, the petitioner has approached this Court in Criminal Petition No. 200335/2015 calling in question the order dated 23....
Tag this Judgment!The New India Assurance Co. Ltd. Represented by its the Regional Manag ...
Court: Karnataka
Decided on: Apr-23-2016
(Prayer: M.F.A. No.1188/2015 is filed under Section 173(1) of MV Act against the Judgment and Award Dated 13.06.2014 passed in MVC No.2850/2011 on the file of the VIII Additional SCJ and XXXIII ACMM, Member- MACT, Bengaluru (SCCH-5), awarding Compensation of Rs.17,99,000/- with Interest @ 8% P.A. from the date of petition till Realization. M.F.A. No.6473/2014 is filed under Section 173(1) of MV Act against the Judgment and Award Dated 13.06.2014 passed in MVC No.2850/2011 on the file of the VIII Additional SCJ AND XXXIII ACMM, Member- MACT, Bengaluru (SCCH-5), awarding Compensation of Rs.17,99,000/- with Interest @ 8% P.A. from the date of petition till Realization of same from Respondents. M.F.A. No.5874/2014 is filed under Section 173(1) of MV Act against the Judgment and Award Dated 13.06.2014 passed in MVC No.2850/2011 on the file of the VIII Additional SCJ and XXXIII ACMM, Member-MACT, Bengaluru (SCCH-5), partly allowing the claim Petition for Compensation and seeking Enhancement ...
Tag this Judgment!Moulali Vs. The Principal Secretary, Department of Education, Bengalur ...
Court: Karnataka Dharwad
Decided on: Apr-23-2016
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned letter/endorsement Kashif/Prakadha/101 Anukampa/GES/3/13-14 8087 as per Annexure-E dated 13/01/2014 issued by respondent No.3 and to give direction to the respondents to make an appointment of the petitioner on compassionate grounds as a peon in the Institution of the respondents No.4 and 5.) 1. Petitioner is the son of one Mehaboobsab Buddesab Tonnikeri. The said Mehaboobsab was working as a peon in Sri Kumareshwar Arts and Commerce College, Hanagal, which is an aided institution. He died while in service on 31.12.2012 leaving behind his wife and children. Petitioner gave an application on 31.01.2013 to the respondent-institution requesting to give him appointment on compassionate ground. The management appears to have taken a decision in the meeting held on 21.08.2013 to appoint petitioner on compassionate ground and recommended the same to the respondent author...
Tag this Judgment!Reliance Infocomm Engineer Pvt. Ltd., Mumbai Vs. Vijaykumar
Court: Karnataka
Decided on: Apr-23-2016
1. This is defendants' regular first appeal against the judgment and decree passed decreeing the suit for a sum of Rs. 15,45,000/- with interest at the rale of 18% p.a. on the said amount from the date of suit till the date of realisation of the entire amount. 2. For the purpose of convenience the parties are referred to as they are referred to in the original suit. 3. The plaintiff Mr. Vijay Kumar contends that the defendant had proposed to build an Internet Data Centre 4 to be located at White Field, Bangalore. Before undertaking the said construction the defendant required pre-construction permissions from various authorities and they had entrusted the said work to the plaintiff as per work order dated 26-4-2008. In terms of the work order he obtained permission from the authorities and raised invoices on various dates totally amounting to Rs. 27,10,000/- but the said amount was not paid. He issued legal notice to the defendants which was duly served. There was no reply nor the dema...
Tag this Judgment!Sri Gurugundabramheswara Swamy Deity Pattanayakahnahalli Sira Taluk, T ...
Court: Karnataka
Decided on: Apr-23-2016
1. Plaintiffs in O.S.No. 1/1996 being aggrieved by order dated 18.09.2015, Annexure-H, rejecting their Interlocutory Application Nos.24, 25 and 26 filed for production of documents, recall of P.W. 1 and reopening of case, are before this Court assailing the said order. 2. Petitioners have filed the suit in question under Section 92 read with Order VII Rule 1 and 2 of CPC for framing a scheme for proper administration of institution of Sri.Gurugunda Bramheswara Svvamy Diety situated at Pattanayakanahalli Village, Sira Taluk and also for management of finances of institution according to pious and charitable intention of donors; for permanent injunction to restrain the defendants from in any manner interfering with plaintiffs or other devotees from entering or performing pooja (worshipping) of Sri Gurugunda Brahmeshwara Diety situated therein. 3. On service of suit summons defendants have appeared, filed their written statement, contested the suit. On the basis of pleadings of parties tr...
Tag this Judgment!Sri Fedric D'souza Vs. The State of Karnataka Represented by its Princ ...
Court: Karnataka
Decided on: Apr-23-2016
(This writ petition is filed under Article 226 of the Constitution of India praying to set aside the order dt. 17.3.2016 in Application No.7735/2015 passed by the K.A.T (Annx-A) and to dismiss the said application and etc.) Jayant Patel J. Issue Rule. 2. Sri G.Shankar Goud, AGA for respondent Nos. 1 and 2, Sri G.S.Kannur, learned Counsel appearing for respondent Nos.3 to 5 and Mr.K.N.Puttegowda, learned Counsel for caveat/respondent No.6 and Mr.M.S.Bhagwat, learned Counsel for respondent No.7, waive service of notice of admission. With the consent of learned Advocates appearing on both sides, the petition is finally heard. 3. The present petition is directed against order dated 17.03.2016 passed by the Karnataka Appellate Tribunal, Bangalore, (hereinafter referred to as 'the Tribunal' for short), whereby the Tribunal after rejection of the application as not pressed, has issued a further direction, observing that respondent No.6 therein was entitled to take charge as Assistant Executiv...
Tag this Judgment!Sri Fedric D Souza Vs. The State of Karnataka
Court: Karnataka
Decided on: Apr-23-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF APRIL2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION NO.16728 OF2016(S-KAT) BETWEEN SRI FEDRIC DSOUZA S/O LEO DSOUZA, AGED ABOUT55YEARS WORKING AS ASST. EXECUTIVE ENGINEER, NO.4, WEST SUB-DIVISION, BENGALURU DEVELOPMENT AUTHORITY, VIJAYANAGAR, BENGALURU-560 040 R/AT NO.2123, 1ST MAIN ROAD, 7TH CROSS, RPC LAYOUT, VIJAYANAGAR, BENGALURU-560 040 ... PETITIONER (BY SRI S G PANDIT, ADVOCATE) AND1 THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT, 2 2.3. VIKASA SOUDHA, BENGALURU-560 001 THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560 001 THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, BENGALURU-560 020 4. BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, KUMARA PARK WEST, BENGALURU-560 0...
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