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Karnataka Dharwad Court November 2012 Judgments

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Nov 21 2012

The Divisional Manager Vs. Basappa and Another

Court: Karnataka Dharwad

Decided on: Nov-21-2012

Satyanarayana, J. 1. The second respondent Insurance Company in WCA.No.194/2008 on the file of Commissioner for Workmens Compensation, Bagalkot, has come up in this appeal challenging the finding of Commissioner so far as it pertains to nature of accident and involvement of vehicle insured with second respondent Insurance Company. 2. Brief facts leading to this appeal are: The wife of petitioner Basappa Hulappa Rotti, namely Mallawwa was said to be inmate of tractor trailer bearing No.KA-29/T.6898-99, which is said to have involved in an accident on 11.6.2008 resulting in her death. In that behalf, petition was filed seeking compensation for her death before Commissioner. In the said proceedings, on behalf of petitioner, he adduced evidence and relied upon 9 documents which are marked as Exs.P1 to P9. On behalf of respondents, it is only second respondent which produced policy copy and examined one of its officer as RW.1. The Commissioner, on appreciation of oral and documentary eviden...


Nov 06 2012

Wilson MarcelIn Carvalho Vs. Krishna Budhaji Patil

Court: Karnataka Dharwad

Decided on: Nov-06-2012

(Prayer: This Criminal Appeal is filed under Section 378(4) of Cr.P.C. praying to set aside the judgment and order of acquittal passed by the learned Judicial Magistrate First Class-IV Court, Belgaum in C.C.No.724/2006, dated 23.2.2007. 1. This appeal by the complainant in C.C.No.724/2006 on the file of the JMFC-IV Court, Belgaum is directed against the judgment and order dated 23.2.2007 passed in the said case acquitting the respondent - accused of the charge leveled against him for the offence punishable under Section 138 of the Negotiable Instruments Act (for short "the Act"). 2. The appellant filed complaint under Section 200 of Cr.P.C. alleging offence under Section 138 of the Act against the respondent - accused inter alia contending that the accused for discharge of certain liability due by him to the complainant, issued two cheques each for Rs.50,000/- on 8.6.2005 and when the said cheques were presented for encashment, they were returned unpaid on the ground of insufficiency o...


Nov 06 2012

Thirakanagouda N. Patil, Since Deceased by His Lrs. and Others Vs. Sta ...

Court: Karnataka Dharwad

Decided on: Nov-06-2012

1. This intra court appeal is preferred by the petitioners in W.P.No.16859/2011 aggrieved by the order dated 29.05.2012 of the learned Single Judge dismissing the petition. 2. Facts not in dispute are: One Naganagouda Patil, said to be the propositus, had eight children, since deceased represented by legal heirs, petitioners and respondents were parties in O.S.No.182/1966 on the file of the Munsiff, Haveri, for declaration, partition and separate possession of several immovable properties including lands in R.S.No.195 and 129/A measuring 20 acres and 31 guntas and 1 acre and 29 guntas, respectively, of Balambid village in Hangal taluk, admittedly, claimed to be in joint possession and cultivation of the siblings, as tenants. In the absence of a dispute lover tenancy claims, an issue over claim of tenancy was not framed and the suit ended in a 13 compromise decree dated 29.09.1966, Annexure-R-3 to the statement of objections of respondents, one of the terms of which reads thus: KANNADAM...


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