Karnataka Court November 1975 Judgments
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GousmohoddIn Gajabur Saheb Bhagwan and anr. Vs. Appasaheb
Court: Karnataka
Decided on: Nov-13-1975
Reported in: AIR1976Kant90; ILR1976KAR681; 1976(1)KarLJ543
1. The respondent landlord filed a suit for possession of the suit Premises against the appellants defendants and for mesne profits. The suit was decreed by the court of first instance. That decree has been affirmed on appeal by the Civil Judge Chikodi, in R. A. No. 564 of 1972. Hence, this second appeal by the original defendants under Section log of the Code of Civil Procedure.2. At the outset, Sri G. D. Shirgurkar, learned counsel appearing for the respondent, submitted that 1. A. No. 3 field by him should be taken up for consideration in the first instance as already directed by this Court. In 1. A. No. 3 the respondent has prayed that the appeal be dismissed and the appellants be precluded from prosecuting the appeal, in view of the solemn agreement executed by them on 3-11-1973 not to prefer an appeal against the decree pawed by the learned Civil Judge against the appellants. It is therefore necessary to take up 1. A. No. 3 in the first instance.3. The respondent has produced the...
K.N. Kama Setty Vs. the Karnataka State Transport Appellate Tribunal a ...
Court: Karnataka
Decided on: Nov-10-1975
Reported in: AIR1976Kant17; ILR1976KAR456; 1976(1)KarLJ21
ORDER1. The petitioner was granted a stage carriage Permit on the route Somasettihalli to Madhugiri. Several objectors in the appeals before the Karnataka State Transport Appellate Tribunal challenged the grant. The Tribunal found that there are no direct Passengers from Somasettihalli to Madhugiri and held that the Regional Transport Authority had no jurisdiction to grant the permit. The Tribunal has not considered the other contentions urged for and on behalf of the grant. The correctness of the view taken by the Tribunal on the necessity of direct passengers from Somasettihalli to Madhugiri as a condition precedent for the grant of permit is the only question that has been debated, before me in this writ petition.2. The question, if I may put it in other words, is whether the R. T. A. could grant a permit when it is satisfied t1hat the grant would; serve the needs of the travelling public at the intermediate places though there are no direct passengers from the two termini of the ro...
N. Jayadevappa Vs. G. Nanjundappa and anr.
Court: Karnataka
Decided on: Nov-05-1975
Reported in: AIR1976Kant27; ILR1976KAR564; 1976(1)KarLJ19
ORDER1. This revision Petition is concerned with the validity of an order of the Additional Civil Judge Shimoga fixing the remuneration of a Receiver appointed in the suit for dissolution of a partnership firm.The firm is engaged in operating stave carriages. It has in all about six route permits in the District of Shimoga. The monthly collection of the fares is roughly estimated to be a lakh of rupees. There is separate staff for the operation of the vehicles and also for its maintenance, The Court appointed an Advocate of the local Bar as Receiver fixing his remuneration at 7% on the realisation of the assets of the firm, despite the objection of the petitioner that a fixed remuneration would be sufficient. The Court has relied upon the State Government Order No. LAW 20 LCL 73, dated 28th March 1974 fixing the remuneration of the Official Receivers at 7% on the assets realised in insolvency proceedings. The Court observed that if the remuneration fixed at 7% works out less than Rs. 1...
R. Srinivasa Vs. K.M. Parasivamurthy and ors.
Court: Karnataka
Decided on: Nov-03-1975
Reported in: 1976(1)KarLJ7
Honniah, J.1. On May 13, 1970 at 7-30 A. M. a group of children were standing on the eastern footpath in D. Subbaiah road in Mysore City. Of them Srinivasa, aged about 6 years, was standing on the road close to the foot-path. Then lorry bearing No.MYX 5628 came from Chamaraja Double Road, which was running South to North and took a turn to D. Subbaiah road, proceeded a distance of 40 yards and struck Srinivasa and injured his legs. The driver of the lorry Thimmegowda disappeared from the scene leaving the lorry there. The relatives of Srinivasa who had come to attend a marriage in a house opposite to D. Subbaiah road, which was situated on the western side, came to the spot and took him to the K. R. hospital and admitted him there. He was operated upon on the same day and thereafter remained in the hospital for 41/2 months. In spite of the best medical treatment, the left leg of Srinivasa became permanently incapacitated.2. In respect of the injuries suffered by Srinivasa, his father f...
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