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Karnataka Court June 2016 Judgments

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Jun 07 2016

Ajitkumar M. Panchaksharayya Vs. Sadanand and Others

Court: Karnataka Dharwad

Decided on: Jun-07-2016

(Prayer: This M.F.A. filed under Section 173(1) of M.V. Act, 1988, against the Judgment and award dated 11.08.2011 passed in M.V.C. No. 31/2008 on the file of the Presiding Officer, Fast Track Court, Sirsi, at Sirsi, dismissing the petition filed under Section 166 of M.V. Act.) H.G. Ramesh, J. (Oral): 1. This appeal is directed against the judgment and award dated 11.08.2011 passed by the Fast Track Court, Sirsi ( the Tribunal for short), dismissing the appellant s claim petition in M.V.C. No. 31/2008 as false, fabricated and collusive. The claim was filed for grant of compensation for the injuries suffered by him in a motor vehicle accident alleged to have occurred on 12.09.2007. 2. We have heard learned counsel appearing for the appellant, perused the impugned judgment, the record of the Tribunal and the certificate of insurance of the appellant s own motorcycle bearing registration No. KA-31/J-6999 produced as additional evidence along with I.A. No. 2/2012. I.A. No. 2/2012 is filed ...


Jun 07 2016

Yasmeen Vs. State of Karnataka represented by its Secretary, Departmen ...

Court: Karnataka

Decided on: Jun-07-2016

(Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to quash the entire proceedings of R-2 dtd: 31.5.2016 culmination in Rejection of the Petitioner s nomination paper to the office of the Vice President, Gram Panchayat, Gonikoppa, Virajpet Taluk, Kodagu District, Copy produced and marked as D and etc.) 1. The petitioner-Smt. Yasmeen has filed the present writ petition before this Court seeking quashing of the election proceedings in respect of the election of Adhyaksha and Upadhyaksha of Grama Panchayath, Gonikoppa, Virajpet Taluk, Kodagu District and to direct the respondent-Assistant Director to allow the petitioner to participate in the said election process and accept her nomination for the said post. The petitioner was elected to the said panchayat in the election held on 20.4.2016 vide the electoral certificate issued by the Returning Officer on 20.4.2016. 2. It is the case of the petitioner that in pursuance of Annexure-B, notice issued ...


Jun 07 2016

K.G. Bharathy and Another Vs. Branch Manager, Oriental Insurance Co. L ...

Court: Karnataka

Decided on: Jun-07-2016

B. Manohar, J. 1. Appellants are the claimants, being not satisfied with the quantum of compensation awarded by the Labour Officer and Commissioner for Workmen s Compensation, Hassan Division (hereinafter referred to as the WCC for short). In WCA/NF/SR-22/2008 dated 12-08-2010 have filed his appeal. 2. The appellants have filed the claim petition contending that Late Puttaraju, husband of the first appellant and father of appellant No. 2 was working as a loader in Tractor and Trailer bearing Registration No. KA-13/1390-1391 belonging to the second respondent herein for last two years. On 4-9-2007, while he was repairing the water pipe in the Tractor and Trailer, he fell down and sustained grievous injuries; subsequently, he succumbed to injuries. The claimants claim that the accident occurred during the course and out of employment. At the time of death, the deceased was aged about 26 years and getting salary of Rs. 6,000/- p.m., and batta of Rs. 100/- per day. The family has lost the ...


Jun 07 2016

T.D. Subramanyam and Others Vs. State of Karnataka, By Malur Police St ...

Court: Karnataka

Decided on: Jun-07-2016

(Prayer: This criminal petition is filed under Section 438 Cr.P.C praying to enlarge the petitioner on bail in the event of their arrest in Cr. No. 67/2016 of Malur P.S., Kolar district for the offence P/U/S 374, 370 of IPC and Sec. 16, 17, 18 the Bonded Labour System (Abolition) Act and Sec.26 of Juvenile Justice ( Care and Protection of Children) Act, 2000.) 1. Heard. The Application-I.A. No.I/2016 filed seeking permission to assist the prosecution is allowed. 2. Heard the learned advocate for the petitioners, Advocate for applicant in IA.I/2016 and the learned HCGP. 3. The First Information Report divulges that, on 29.01.2016 with the assistance of District Child Protection Unit Staff, Maluru; Labour Inspector, CMC Member and Malur Police, have rescued four children viz., Venkatesh, aged 16 years, Rajkumar, aged 15 years, Murugesh and Muniraju, 16 years, who were working as bonded labours in the agricultural land which belongs to Petitioner Nos. 1 and 2. It appears the statements of...


Jun 07 2016

Umesh Vs. P.F. Saldan

Court: Karnataka

Decided on: Jun-07-2016

B. Manohar, J. 1. Appellant is the claimant, being not satisfied with the quantum of compensation awarded by the Labour Officer and Commissioner for Workmen s Compensation, Hassan Division (hereinafter referred to as the WCC for short) in WCA/NF/SR-18/2010 dated 4-3-2011, filed this appeal. 2. The appellant filed the claim petition contending that he was working as a coolie under the second respondent herein. On 28-4-2010, at about 8.30 a.m., while he was cutting the trees in the Deepak Estate belonging to the first respondent herein, he fell down from the tree and sustained fracture of right hand, right leg and loss of six teeth. The claimant claims that he has sustained injuries during the course and out of employment. Prior to the accident, the second respondent was paying him salary of Rs. 250/- per day. In view of the injuries sustained, he has sustained permanent disability and he cannot do the work of coolie and climb the tree. Hence sought for compensation of Rs. 6,00,000/-. 3....


Jun 07 2016

M/s. Deccan Education Society Vs. Union of India and Others

Court: Karnataka Kalaburagi

Decided on: Jun-07-2016

Raghvendra S. Chauhan, J. 1. The petitioner, M/s. Deccan Education Society, has challenged the legality of the order dated 13.2.2015 passed by the Regional Provident Fund Commissioner-II, Kalaburagi, whereby the learned Regional Provident Fund Commissioner has dismissed the review application filed by the petitioner under section 7-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ('the Act' for short). 2. Briefly the facts of the case are that, the petitioner-Society is engaged in imparting education to students. The Society is managing various colleges where the education for degree of B.Ed., M.Ed D.Ed., etc., is, imparted and bestowed. The said Society was brought under the cover of the Act from 2009. However, it was discovered by the Assistant Provident fund Commissioner that despite being brought under the cover of the Act the petitioner-Society was not depositing its share of the provident fund for the welfare of its employees. Therefore, the Assistant Pr...


Jun 07 2016

Sri S S Jyothi Prakash Vs. The Addl Commissioner

Court: Karnataka

Decided on: Jun-07-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF JUNE2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE B.SREENIVASE GOWDA ITA NO.460/2010 BETWEEN: ... APPELLANT SRI. S. S. JYOTHI PRAKASH, S/O. SRI. S. SHIVANNA, AGED ABOUT52YEARS, PROP: SHIVALNGA SWAMY, TRANSPORT, SAVARKAR NAGAR, SHIMOGA. (By SRI. S. PARTHASARATHI, ADV.) AND: THE ADDL. COMMISSIONER OF INCOME-TAX, SHIMOGA RANGE, SHIMOGA. ... RESPONDENT (By SRI. K. V. ARAVIND, ADV.) THIS ITA IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED1008-2010 PASSED IN ITA NO.534/BANG/2010, FOR THE ASSESSMENT YEAR22006-07, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: (I). FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, (II). ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.534/BANG/2010, DATED10 08-2010, IN THE INTEREST OF JUSTICE AND EQUITY. THIS ITA COMING ON FOR HEARING THIS DAY, JAYANT PATEL J., DELIVERED THE FOLLOWING: JUDGMENT The prese...


Jun 07 2016

Sri. Yellappa Veerappa Maddikar S/O Veerappa Vs. State of Karnataka

Court: Karnataka Dharwad

Decided on: Jun-07-2016

-1- W.P.No.100805/2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE7H DAY OF JUNE2016 PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA W.P.No.100805/2016 (S-KAT) BETWEEN: SRI. YELLAPPA VEERAPPA MADDIKAR, S/O VEERAPPA MADDIKAR, AGED ABOUT58YEARS, COMMERCIAL TAX OFFICER, COMMERCIAL TAX DEPARTMENT, BELAGAVI DIVISION, DIST:BELAGAVI. (BY SRI G K HIREGOUDAR, ADV.) AND : ... PETITIONER1 2.3. STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT (COMMERCIAL TAX-II) VIDHANA SOUDHA, BENGALURU-560001. THE COMMISSIONER, COMMERCIAL TAX DEPARTMENT, GOVERNMENT OF KARNATAKA, GANDHINAGAR, BENGALURU-560009. THE KARNATAK UPA-LOKAYUKTA, REP BY ITS REGISTRAR, DR.AMBEDKAR VEEDHI, BENGALURU-560001.-.2- W.P.No.100805/2016 4. THE ADDITIONAL REGISTRAR OF ENQUIRIES-8, THE KARNATAKA LOKAYUKTA, DR.AMBEDKAR VEEDHI, BENGALURU-560001. (BY SMT. K. VIDYAVATHI, AGA FOR R1 & R2; SMT. NIRMALA S. SUTTAGATTIMATH, ADV. FOR R-3 & R-4) ... RESPONDENTS THIS WRIT PE...


Jun 07 2016

Ajitkumar M. Panchaksharayya Vs. Sadanand S/O. Seetaram Hegde

Court: Karnataka Dharwad

Decided on: Jun-07-2016

-1- M.F.A.No.21070/2012 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE7H DAY OF JUNE2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA M.F.A.No.21070/2012 (MV) BETWEEN : AJITKUMAR M. PANCHAKSHARAYYA, AGE:54. YEARS, OCC: NIL, R/O. VINAYAK COLONY, SIRSI, DIST: UTTAR KANNADA. (BY SRI SHRIHARSH A.NEELOPANT, ADVOCATE) ... APPELLANT AND :1. 2.3. SADANAND S/O. SEETARAM HEGDE, AGE: MAJOR, OCC: OWNER OF MOTOR CYCLE BEARING REG. NO.KA-31/K-9958, R/O. ARSIKERE, POST: BARUR, TQ: SIRSI, DIST: UTTAR KANNADA THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, S.S. COMPLEX, 1ST FLOOR, (CHURCH/OPP MULA RANGAPPA PETROL BUNK) B.A. ROAD, SHIMOGA. RAJSHEKAR S/O. MURUGEPPA, AGE: MAJOR, OCC: RIDER OF MOTOR CYCLE BEARING REG. NO.KA-31/K-9958 (RESPONDENTS SERVED) ... RESPONDENTS -2- M.F.A.No.21070/2012 THIS M.F.A. FILED UNDER SECTION1731) OF M.V. ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED1108.2011 PASSED IN M.V.C.NO.31/2008 ON THE FILE OF THE PRESIDING OFFICER, ...


Jun 07 2016

Smt Yasmeen Vs. State of Karnataka

Court: Karnataka

Decided on: Jun-07-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF JUNE, 2016 BEFORE THE HONBLE DR. JUSTICE VINEET KOTHARI WRIT PETITION No.32175/2016 [LB-ELE]. BETWEEN SMT. YASMEEN W/O ELEYAS AGED ABOUT37YEARS R/AT GONIKOPPA VIRAJPET TALUK KODAGU DISTRICT-571213. (BY SRI BASAVARAJU.S-ADV) AND1 STATE OF KARNATAKA .. PETITIONER REP BY ITS SECRETARY DEPARTMENT OF SOCIAL WELFARE M.S.BUILDING, DR.AMBEDKAR ROAD BANGALORE-560001.2. COMPETENT OFFICER & THE ASSISTANT DIRECTOR SOCIAL WELFARE DEPARTMENT PONNAMPET VIRAJPET TALUK KODAGU DISTRICT-571213. (BY SRI. V.SREENIDHI-AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF R-2 DTD:31.5.2016 CULMINATION IN REJECTION OF THE PETITIONERS NOMINATION PAPER TO THE OFFICE OF THE VICE PRESIDENT, GRAM PANCHAYAT, GONIKOPPA, VIRAJPET TALUK, KODAGU DISTRICT, COPY PRODUCED AND MARKED AS D AND ETC. 2 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT...


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