Court : Karnataka
Decided on : Jan-24-2012
..... on 21.7.2005. keeping in view that the claimant was working in bangalore as a security guard, it would meet the ends of justice if his income is fixed at rs. 4,200/- per month. we are of the opinion that the claimant, as a member of esi, he is entitled to ..... occurs arising out of employment during the course of employment and out of employment. apart from that the claim petition filed under section 166 of the act is not against his employer. in the catena of decisions cited by the learned counsel for the appellant/claimant, the apex court and various other ..... claimant, holding that the accident occurred due to rash and negligent driving of the lorry, but rejected the claim petition as barred under section 53 of the esi act. 10. the claimant himself has stated that the esi model hospital at bangalore, has issued a cheque for rs. 16,293/- in his favour towards ..... public road and thus it does not come within the purview of or under the definition of employment injury within the provisions of section 53 of the esi act; (iv) 1999 acj 1108 (new india assurance company limited, bangalore versus t suresh and another) on the point that if the claimant had suffered employment ..... against the offending lorry and the deceased would be a third party as against the insurer of the offending lorry and prohibition under section 53 of the esi act would come into play only when the compensation was claimed against the employer of the deceased; (iii) 2007 acj 83 (sri chandrashekar versus sri eregowda) .....Tag this Judgment!
Court : Karnataka Gulbarga
Decided on : Feb-10-2012
..... in a suit for declaration of title, unless the plaintiff produces the document of title, the civil court cannot grant declaration on the basis of the record of rights, tax paid receipts or some communication or letters. this fundamental principles of law has not been kept in mind by the trial court. in this context it is necessary to restate ..... 22. in the light of what is stated above, when the plaintiff has not produced document of title and he himself says that acquisition proceedings are initiated or declining to act on the statement of the defendant that acquisition proceedings are already started, the question of civil court issuing mandatory injunction to the government or governmental authorities for initiation of acquisition ..... land is not complied with. so far more than two years have passed. the defendants deliberately violated the initiation of acquisition proceedings to pay the compensation under the land acquisition act. since the plaintiff is loosing income from the affected area of the land where perculation tank is constructed and because of acquisition the plaintiff is deprived of ..... the year 1997-98. 4. the case of the plaintiff is that defendants are public officers. it was their bounden duty to initiate acquisition proceedings under the land acquisition act in respect of the private property, which is required for public purpose. the defendants being the responsible public officers are not sending requisition to the acquisition authorities for starting acquisition .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-02-2012
..... , entertained the applications, processed the same and allotted residential sites during 2004. both the allottees were students and neither of them had any source of income and still, ?13,00,000/- was deposited towards site cost. the illegality having been subsequently noticed, steps were initiated for cancellation of the allotments ..... the lands were acquired / surrendered for implementation of scheme. the claim of the petitioners that they are bonafide purchasers is well founded since they have acted upon the sale deed/s and other documents issued by the respondents. 14. the judgment in the case of arjun bauee vs. bangalore development authority, ..... the property was transferred in favour of the petitioner, in the register of bbmp, on 07.06.2011 and the petitioner has paid the property tax to the bbmp. the petitioner by obtaining sanction for building plan and licence on 16.06.2011 has taken up construction work and has constructed ..... of the property was transferred in favour of the petitioner, in the register of bbmp, on 24.05.2011 and the petitioner has paid the property tax to the bbmp. the bda passed an order of cancellation of the said site during august, 2011, vide annexure-n. questioning the said site ..... the property was transferred in favour of the petitioners, in the register of bbmp, on 25.05.2011 and the petitioners have paid the property tax to the bbmp. the bda passed an order of cancellation of the said site on 09.08.2011 vide annexure-n. questioning the said site .....Tag this Judgment!
Court : Karnataka Dharwad
Decided on : Feb-16-2012
..... purchased for a sum of rs.2,000/- from out of the earnings of the 1st defendant who had attained majority by then and who had his own income etc., therefore, no need for disturbing this finding of the trial court. 15. mr.i.c.patil, learned counsel appearing for 3rd respondent/3rd defendant in ..... the name of defendant no.1? 4. does the plaintiff prove, deceased ramappa purchased suit 1b land in the name of d-4 out of joint family income and the said land was being enjoyed jointly? 5. whether plaintiff is entitled for partition in all suit properties as prayed? 6. whether defendant no.1 ..... the position/status of the 2nd defendant having been considerably enhanced to attain the status of a coparcener on and after amendment to section 6 of the act by central act no.39/2005. he further submits that even though the respondents have not appealed, to this extent, the judgment and decree calls for a correction ..... other witnesses as pws-2 and 3 and got marked documentary evidence ex.p.1 to ex.p.19, essentially comprising of extract of revenue records, house tax receipts and other related copies of revenue records. 9. on behalf of the defendants, the 1st defendant deposed as dw-1 and another witness by name ..... the properties did not devolve on other male members of the family but has to go by succession in terms of the provisions of the hindu succession act; that the learned judge of the trial court has not been examined at all this legal position and therefore the judgment and decree in so far as .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-01-2012
..... has not suppressed anything. he has not only clarified that his date of birth as on the date of the application was 48 years, but also clarified that his annual income is rs. 9,6000/-. he has also mentioned his date of birth as 8-10-1945. neither the notification calling for the application nor the application form supplied to the ..... the said application, the petitioner has clearly mentioned his date of birth as 8-10-1945 and that his age is 48 years. he has also mentioned that his annual income is rs. 9,600/-. considering the application filed by the petitioner, the bda has allotted site bearing no. 410 measuring 6 mt. x 9 mt. (20 ft. x 30 ft .....Tag this Judgment!
Court : Karnataka Dharwad
Decided on : Feb-01-2012
..... purpose of determining loss of dependency, as he was around 40 years of age, 50% of it had to be added to his salary to fix his income. if we do that, rs.4,980/- has to be added to rs.9,860/- which comes to rs.14,840/-, out of which deducting rs.200 ..... from his salary certificate-ex.p10. he was drawing a salary of rs.9,858/-. the tribunal has taken it at rs. 9,758/- adjusting towards professional tax, and reduced it by 1/3rd to quantify loss of dependency. they seek enhancement relying on the benefit of the decision in the case of sarla verma . ..... n. raichur that the claimants cross-objection is not maintainable. 17. apart from technical objections raised, impugned award is assailed on the ground tribunal has unjustifiably fastened act of negligence on the lorry driver, instead of rider of motorcycle. i have re-apprised the evidence. the victims were riders of a motorcycle, and the unfortunate ..... will be relevant for consideration, yet the tribunal is not precluded from deciding the question of negligence in an action under section 166 of he motor vehicles act. 22. for the reasons discussed above, i am satisfied claimants evidence proved there was no negligence in the driving of the motorcycle rider and culpable negligence ..... /- towards professional tax, it comes to rs.14,640/-. 29. the next question is, whether 1/3rd has to be deducted or 1/4th? no doubt the decision permits .....Tag this Judgment!