Court : Karnataka Kalaburagi
(prayer: this mfa filed under section 173 (1) of mv act, praying to call for records, to modify the judgment and award dated 05.09.2015 passed in mvc no. 1329/2014 on the file of the court of principal senior civil judge and motor accident claims tribunal no. v vijaypur at vijaypur and allow this appeal by enhancing the compensation amount by rs. 9,75,000/- only and etc.) 1. this is claimants' appeal for enhancement compensation against the judgment and award dated 05th september 2015 made in mvc no.1329/2014 on the file of the prl. senior civil judge and mact-v, vijayapura, ('mact' for short) awarding compensation of rs.9,20,000/- with interest at 9% per annum from the date of petition till realization. 2. it is the case of the claimants before the mact that on 17.05.2014 at about 8.15 pm near kumbar vasti, on tikota to babanagar road, when the deceased was on the way to his agricultural land at babanagar on his motor cycle bearing registration no.ka-29/e-23, the driver of the goods pick up van bearing registration no. ap-02/u-7364 came from opposite direction in a high speed in rash and negligent manner and dashed against the motor cycle, due to which the deceased sustained grievous injuries and succumbed to the injuries. at the time of the accident, the deceased was aged about 40 years and was hale and healthy and was earning rs.7,500/- per month from agricultural work. therefore, prayed for compensation of rs.18,95,000/-. 3. the respondent no.1 filed written statement and .....
Tag this Judgment!Court : Karnataka Kalaburagi
k.n. phaneendra, j. 1. at the stage of admission itself, the matter is heard on merits. 2. the learned counsel for the petitioner and the learned high court government pleader have submitted their arguments. 3. the present petition is filed seeking to quash the entire proceedings in c.c. no.4435/2014 pending on the file of principal jmfc-ii court, raichur, for the offences punishable under sections 22 of minimum wages act, 1948 and for violation of rules 22(4), 28(2), 29(1) and 29(5) of the minimum wages rule, 1950. 4. the labour inspector, second circle, raichur, has laid a charge-sheet against the petitioner by name, describing him as vice chancellor of university of agricultural sciences, raichur, for the above said offences on the ground that on 12.3.2014 the labour inspector has visited the said university and found some violations of the provisions of minimum wages act and rules, that is to say university has not furnished registers pertaining to the annual report and registers in form nos. iv, v, vi and vii. it is further stated that on 3.5.2014 he had issued a show cause notice to the vice chancellor of university of agricultural sciences, raichur, and to one sri i. shankara gouda, assistant research director, university of agricultural sciences, raichur, granting three days time to furnish those documents or to give their reply. as the reply was not given or the documents were not furnished, the labour inspector has lodged a complaint before the principal jmfc court .....
Tag this Judgment!Court : Karnataka Kalaburagi
(prayer: this miscellaneous first appeal is filed under section 173(1) of motor vehicle act, praying to enhance the compensation amount payable to the appellant by suitably modifying the judgment and award dated 28.06.2014 passed by the learned member, mact and ftc, bijapur, in mvc no.578/2010.) b. veerappa, j. 1. claimants who are father, mother and younger brother of the deceased are before this court for enhancement of compensation against the judgment and award dated 28.06.2014 made in mvc.no.578/2010 on the file of member of motor accident claims tribunal and fast track court, vijayapur awarding compensation of rs.10,05,000/- with 6% interest per annum from the date of the petition till realization. 2. it is the case of the claimants before tribunal that on 30.03.2010 deceased kiran narayan pawar and the injured were travelling in motor cycle bearing reg.no.mh-13/ap-9468 at about 02.15 p.m. from sholapur to pandhrapur and near kamati village, a container bearing reg.no.tn-01/ad-3143 came in a rash and negligent manner and dashed against the motor cycle due to which the deceased sustained severe injuries and died on the spot. it is further case of the claimants that the deceased was hale and healthy and he was working as a journalist/reporter and he was earning more than rs.25,000/- per month. therefore, sought for the compensation as prayed for. 3. the respondent no.1 remained absent and was placed ex-parte. the insurance company-respondent no.2 filed written statement .....
Tag this Judgment!Court : Karnataka Kalaburagi
(prayers: this criminal appeal is filed under section 374 (2) of code of criminal procedure, 1973, praying to call for records in s.c. no.123/2009 and 134/2009, peruse the same, allow this appeal and set aside the judgment and order of conviction and sentence dated 28.10.2010 passed in s.c. no.123/2009 and 134/2009 on the file of the i additional sessions judge gulbarga, convicting the appellant/accused no.2 and 3 in s.c. no.123/2009 and accused in s.c. no.134/2009 are convicted for the offence under sections 147 and 148 of indian penal code and ordered to pay fine amount of rs.500/- each on each of the offences and in default to undergo s.i. for a period of three (3) months and sentence to undergo simple imprisonment for a period of six (6) months. this criminal appeal is filed under section 374 (2) of code of criminal procedure, 1973, praying to set aside the conviction and order of sentence dated 28.10.2010 passed in sessions case no.123/2009 on the file of the i additional sessions judge at gulbarga, convicting the appellants/accused no.2 and 3 for the offences punishable under sections 147, 148, 504, 506 and 302 read with section 149 of indian penal code. further convicting the appellants/ accused no.2 and 3 for the offence punishable under sections 147 and 148 of indian penal code and order to pay fine amount of rs.500/- each on each of offences and in default to undergo s.i. for a period of three months and sentence to undergo s.i. for a period of six months for each .....
Tag this Judgment!Court : Karnataka Kalaburagi
(prayer: this regular second appeal is filed under section 100 of civil procedure code, against the judgment and decree dated 7-1-05 passed in r.a. no.158/04 on the file of the addl. district judge and presiding officer fast track court-iii, raichur, dismissing the appeal and confirming the judgment and decree dated 28.06.02 passed in o.s. no.127/1994 on the file of the civil judge junior division, lingasugur.) 1. heard the learned counsel for the appellants. the learned counsel for the respondent remains absent. it is noticed that he was absent on previous occasions as well. and on the earlier occasion, the matter was adjourned only to enable shri s.g.math to produce certain additional documents. 2. the learned counsel seeking to represent shri s.g.math, has now produced a certified copy of the sale deed executed in favour of appellant no.2, which is not an additional document, but a document which was already on record. therefore, no useful purpose is served in adjourning the matter further to secure the presence of shri s.g.math, if has chosen to keep away from the court. accordingly, the appeal is heard. 3. the facts leading up to the appeal are that the respondent, who is the husband of appellant no.1 had filed a civil suit in o.s.no.127/1994 seeking a declaration that he was the owner of the land bearing survey no.94/2b measuring 4 acres 31 guntas of kommanur village, lingasugur taluk, raichur district and for perpetual injunction against appellant no.2 from alienating .....
Tag this Judgment!Court : Karnataka Kalaburagi
(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 code. further the appellants/accused no.1 and 3 are sentences to undergo imprisonment for a period of five years each and to pay a fine of rs. 15,000/- each, in default they shall undergo a further imprisonment for a period of one year for the offence punishable under section 3 of dowry prohibition act. further the appellants/accused no.1 and 3 are sentenced to undergo imprisonment for a period of six months each. in default they shall undergo a further imprisonment for a period of two months .....
Tag this Judgment!Court : Karnataka Kalaburagi
(prayer: this appeal is filed u/s 173(1) of mv act against the judgment and award dated 06.06.2015 passed in mvc no.4819/2012 on the file of the 2nd additional small causes judge and 28th acmm, mact, bengaluru, awarding the compensation of rs.25,000/- with interest at 6% p.a. from the date of petition till the deposit. this appeal is filed u/s 173(1) of mv act against the judgment and award dated 06.06.2015 passed in mvc no.4819/2012 on the file of the ii additional small causes judge and xxviii acmm, mact, bengaluru, awarding compensation of rs.25,000/- since the petitioner herein is liable to pay of rs.12,500/- with interest @ 6% p.a. from the date of petition till the deposit.) 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 order. 2. mfa no.442/2016 is filed by the managing director of bmtc, bengaluru central office along with i.a.no.1/16 to condone the delay of 119 days in filing the appeal on 13th january 2016 while mfa no.5323/2015 is filed by the insured owner of the offending motor vehicle calling in question the judgment and award dated 6th june 2015 in mvc no.4819/2012 on the file of mact, bengaluru (scch-13), [for short, mact ]. 3. in the appeal preferred by the managing director of bmtc, the only submission of the learned counsel is that the motor vehicle involved in the accident belonging to the appellant was .....
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