Karnataka Court June 2016 Judgments
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Doddalingaiah Vs. N.C. Ramachandra and Another
Court: Karnataka
Decided on: Jun-02-2016
B. Manohar, J. 1. Appellant has filed this appeal challenging the legality and correctness of the judgment and award dated 31-1-2011 made in MVC No. 631/2010 passed by the II Additional District and Sessions Judge and Motor Accident Claims Tribunal, Tumkar (hereinafter referred to as the Tribunal for short) dismissing the claim petition filed by the claimant. 2. The appellant herein filed a claim petition contending that on 6-10-2010 at about 3.30 p.m., while he was proceeding on the left side of Tumkur-Tovinakere road by walk, a motor bike bearing Registration No. KA-52-11-2359 ridden by its rider in a rash and negligent manner dashed against the claimant, due to which, the claimant fell down and sustained grievous injuries. Immediately he was shifted to the District Hospital, Tumkur. He was inpatient for a period of 22 days and he has sustained injuries to all over the body and fracture of both the bones of left leg. He has spent huge money for his treatment. Prior to the accident, h...
Gurayya @ Gurumurthy and Another Vs. The State through, Farhatabad Pol ...
Court: Karnataka Kalaburagi
Decided on: Jun-02-2016
(Prayer: This Criminal Appeal is filed under Section 374 (2) of Code of Criminal Procedure, 1973, praying to set aside the Judgment dated 13.10.2010 and order dated 19.10.2010 passed by the II Additional Sessions Judge at Gulbarga in Special Case No.170/2007, thereby convicting the appellants/accused No.1 and 3 for the offences punishable under section 498(A) and 304(B) read with Sec. 34 of Indian Penal Code and Section 3, 4 and 6 of Dowry Prohibition Act and the appellants/accused No.1 and 3 are sentenced to undergo an imprisonment for a period of one year and pay a fine of Rs. 5,000/- and pay a fine of Rs. 5,000/- each. In default, they shall undergo an imprisonment for a further period of six months for the offence punishable under Section 498-A read with Section 34 of Indian Penal Code. Further the appellants/accused No.1 and 3 are sentenced to undergo imprisonment for a period of Seven years each for the offence punishable under Section 304 (B) read with Section 34 of Indian Penal...
Rajeeva Vs. Riyaz Ahmed
Court: Karnataka
Decided on: Jun-02-2016
Mohan M. Shantanagoudar, J. 1. The judgment and award dated 10-11-2010 passed by the V Additional District and Sessions Judge, Mysore in M.V.C. No. 1582/2010 is appealed against by the claimant seeking enhancement of compensation. 2. The records reveal that the appellant has suffered the following injuries : 1. Fracture of left tibia and fibula; 2. Chip fracture of right tibia with degloving injury; 3. Fracture neck of scapula with supra scapular injury; 4. Traction injury of right Brachial plexes injury, in the accident occurred on 6-12-2006. The wound certificate is at Ex. P5. The Tribunal on assessment of compensation into various heads, awarded the total compensation of Rs. 1,49,900/-. 3. Having heard the learned Advocate for the appellant and after perusing the records, we proceed to enhance the compensation, since we find that the compensation awarded by the Tribunal is on the lesser side. 4. The Doctor, who treated and operated the appellant is examined as P.W. 2. He has deposed...
M/s. Guruson Engineering Enterprises and Another Vs. K.G. Girishappa a ...
Court: Karnataka
Decided on: Jun-02-2016
(This Writ Petition is filed under Article 226 of the Constitution of India praying to call for records leading to the passing of the award dated 27.9.2014 passed by the first addl. labour court, Bangalore in Ref. No.6 of 2013.) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the entire records from the First Additional Labout Court, Bengaluru, pertaining to Annex-A.) Heard Sri.Manjunatha, learned counsel appearing for the Petitioner/Management and Sri.V.S.Naik, learned counsel appearing for the Respondent/ Workman and perused the records. 2. Since these two petitions are filed against the judgment and award passed in Ref.No.6/2013 dated 27.09.2014, namely, W.P.45558/2015 by the employer and W.P.No.5761/2016 by the workman seeking for grant of back-wages they are taken up together for final disposal by consent of the learned Advocates appearing for the parties. 3. The facts in brief, which has led to filing of these two writ petit...
Meera Vs. Nagesh and Others
Court: Karnataka Dharwad
Decided on: Jun-02-2016
(Prayer: This MSA is filed u/Sec. 43 Rule 1(U) of the CPC, against the Judgement and Award dtd: 18.08.2014 passed in RA. NO. 31/2010 on the file of the Senior Civil Judge, Kumta, partly allowing the appeal filed against the Judgement and award dtd: 19.07.2006 passed in FDP. NO. 03/1996, on the file of the Additional Civil Judge (Jr.Dn.) Kumta, decreeing the FDP.) 1. This appeal is directed against the Judgment and Order dated 18.08.2014 in R.A. No. 31/2010 passed by Senior Civil Judge, Kumta. By the impugned Judgment, the learned Appellate Judge remitted the matter to the trial Court to hold an enquiry with regard to mesne profits and also consider the division of the movable properties as per the preliminary decree and to draw final decree by following the procedure as per law. 2. The facts of the case relevant for deciding this appeal are that O.S. No. 68/1980 filed by the appellant for partition and separate possession was allowed and a preliminary decree was passed. The said decree...
Rajashekar Vs. The State of Karnataka, Bangalore and Others
Court: Karnataka
Decided on: Jun-02-2016
(Prayer: This WP is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 28.01.2016 passed by the Honourable Karnataka Administrative Tribunal in A.No.5763/2014 at Annex-D and further be pleased to quash the order of dismissal 16.11.2011 passed by R-3 At Anexnx-A2 in Annex-A dated Nil/06.2013 passed by R-2 at Annex-A4 in Annex-A the order dated 20.01.2014 at Annex-48 in Annex-A.) 1. The present petition is directed against the order dated 28.01.2016 passed by the Tribunal whereby the Tribunal for the reasons recorded in the order has dismissed the petition. 2. We have heard Sri. K.H.Heroor, learned counsel appearing for the petitioner. 3. The contention raised on behalf of the petitioner was that no opportunity has been given nor any enquiry has been held in connection with the allegations or the grounds mentioned in the order of termination and the order of discharge. He submitted that even if the employee concern was on probation, if the ser...
Minor Vasanthamma Vs. N.K. Sadashivappa and Another
Court: Karnataka Dharwad
Decided on: Jun-02-2016
(Prayer: This MFA filed U/Sec. 173(1) of the Motor Vehicle Act, against the Judgment and Award dated: 25.05.2010 passed in MVC NO. 218/2009 on the file of the Prl. District Judge and M.A.C.T. I, at Bellary, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. Though the matter is listed for admission, after hearing both the learned counsel it is taken up for final disposal. 2. Facts not in dispute between the parties are, a claim petition under Section 166 of the I.M.V. Act was filed in respect of accidental injuries suffered by the minor claimant aged 6 years in a motor vehicle accident dated 03.02.2009 at 9.30 a.m. on Bellari-Raydurga Road in Hosagudda village. It was the case of the claimant that during the accident, she suffered crush injury to her right leg due to rash and negligent driving of mini lorry bearing registration No. KA-34/4883 by it s driver. The police had registered a case against the driver of the vehicle in respect of th...
Shylamma Vs. The State of Karnataka, Department of Home, Bangalore and ...
Court: Karnataka
Decided on: Jun-02-2016
(Prayer: This WPHC is filed under Articles 226 and 227 of the Constitution of India praying to (A) Issue a writ in the nature of Habeas Corpus or any appropriate Writ, order or direction declaring the detention of Abhishek @ Abhl @ Sutta S/o, K.R. Ramesh by the order of detention in No.C.R.M./D.T.N/1/2016 dated 1.3.16 passed by the respondent No.3 (Annexure-A) and the order of approval passed by the respondent No.2 No.HD77 SST 2016 dated 05.03.2016 (Annexure-D) and the order of confirmation passed by the respondent No.2 dated 13.04.2016 in No.HD 77 SST 2016 (Annexure-E) are illegal and void ab-initio and etc.,) Mohan M. Shantanagoudar, J. 1. The order of detention dated 1.3.2016 passed by the third respondent, the order of approval passed by the second respondent dated 5.3.2016 and the order of confirmation passed by the second respondent on 13.4.2016 are called in question in this writ petition. 2. Sri Vishwajith Rai, learned advocate for the petitioner taking us through the records s...
N.R. Nitheesh Vs. Kaleem Pasha and Others
Court: Karnataka
Decided on: Jun-02-2016
Mohan M. Shantanagoudar, J. 1. The judgment and award dated 30-1-2013 passed by the Additional Motor Accident Claims Tribunal, Mysuru, in MVC No. 761/2012 is called in question in this appeal by the claimant, seeking enhancement of compensation. The appellant herein is the injured and he was the claimant before the tribunal below. He was awarded the total compensation of Rs. 8,95,600/- with interest at 6% p.a. from the date of petition till the date of deposit. It is most unfortunate that the appellant/claimant has suffered traumatic paraplegia as a result of the accident that occurred on 8-6-2012. It is needless to observe that the appellant has sustained severe head injury resulting in traumatic paraplegia. Immediately after the accident, the appellant was admitted to B.G.S. Apollo Hospital, Mysuru. He was inpatient from 28-6-2012 to 11-7-2012. At the time of discharge from the hospital, he was advised for follow up treatment. Hence, he had been taking the treatment subsequently. The...
Meera W/O Prabhakar Shetty, Vs. Nagesh S/O Kuppayya Shetty,
Court: Karnataka Dharwad
Decided on: Jun-02-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE2n d DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA M.S.A.NO.100002/2015 BETWEEN: ...APPELLANT SMT.MEERA W/O PRABHAKAR SHETTY, AGE:59 YEARS, OCC:HOUSEHOLD, R/O: DESAI ONI, HUBBALLI, DIST: DHARWAD. NOW RESIDING AT POST:ADIGONE, AT:HEGRE, TQ:ANKOLA, DIST:KARWAR-581319 (BY SRI JAGADISH PATIL, ADV.) AND:1. 2. SRI.NAGESH S/O KUPPAYYA SHETTY, AGE:MAJOR, OCC:BUSINESS, R/O:DESAI ONI, HUBBALLI, DIST: DHARWAD. SRI.RAJARAM S/O MAHADEV SHETTY, AGE:MAJOR, OCC:BUSINESS, R/O:NEAR POST OFFICE, ANKOLA, DIST: KARWAR. :2. :3. 4.5. SRI.NARAYAN S/O KUPPAYYA SHETTY, AGE:MAJOR, OCC:BUSINESS, R/O:SYNDICATE BANK, BANKIKODLA,DIST: KARWAR. SMT.SARASWATI W/O BHASKAR SHETTY, AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:MOORUKATTE, KUMTA, DIST: KARWAR. SMT.INDU W/O MAHABALESHWAR SHETTY, AGE:MAJOR, OCC:HOUSEHOLD WORK, R/O:KADATOKA, TQ:HONNAVAR, DIST: KARWAR. ... RESPONDENTS (BY SRI. SHRIHARSH A. NEELOPANT, ADV. FOR R1; SRI. S. S. BHAT, ADV....
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