Karnataka Court August 1981 Judgments

United India Insurance Co. Ltd. Vs. Gangamma and anr. Etc.

Court: Karnataka

Reported in: 1981(2)KarLJ480

Jagannatha Shetty, J.1. The Claims Tribunal in all these appeals following the decision of this Court in Channappa v. Laxman : AIR1979Kant93 has granted compensation to the claimants on the ground that there was rash and negligent driving by the driver of a goods vehicle in which the concerned persons were travelling with their goods on payment of hire charges.2. The Insurance Company has challenged the awards of the Tribunal on the ground that the decisions of this Court do not speak with one voice on the liability to pay compensation in such cases and the matter therefore, requires a second look.3. Shri Narayana, counsel for the appellant, in support of his contention has referred to us to the decisions of This Court, (1) Mohiddinsab v. V. R. H. Kindalkar (1973 (1) Mys LJ 393) and (2) Smt Radhabai Govindarao v. P. Krishnamurthy (ILR (1976) 1 Kant 133).4. We have perused these two decisions. But we are unable to agree with the contention urged. The facts in Mohiddinsab's case do not l...

S. Rajendran Vs. K.A.S. Rama Appaswamy and ors.

Court: Karnataka

ORDER1. The Petitioner who is the accused before the trial Court has challenged the order dated 16-3-1981 passed by the Chief Metropolitan Magistrate, Bangalore City, in P.C.R. No. 13/1981 directing the release of the property seized, in his favour but attaching certain conditions for such a release. 2. A private complaint under S. 200 Cr.P.C., was filed against the accused for offences under sections 380, 406 and 506 read with S. 34, I.P.C. by the complainant, who is respondent 1 herein. The case made out against the accused is that there was an agreement, dated 10-1-1981, that he should supply cotton for spinning yarn and that the accused has violated the terms of the agreement and on that account the complainant requested the accused not to proceed with the spinning of the cotton. But, however, the accused is trying to remove the said property and dispose of the same with ulterior motive and the value of the said cotton was about Rupees 1,20,000/-. On those allegations the complaina...

J. Hiralal Vs. Corporation of the City of Bangalore and ors.

Court: Karnataka

Reported in: AIR1982Kant137; 1981(2)KarLJ437

ORDER1. An otherwise simple case of an issue of a building licence to the owner of property by the local authority with which others and even a tenant in occupation of an existing building is not generally concerned, is the subject matter of this writ petition. But, alas, that simple matter is not so simple and has become unnecessarily complicated by reason of strained relationship between the landlord and tenant that is symptomatic of many a metropolitan city like Bangalore, to which the local authority of the area and Government, have made their contribution, the result of which has been a series of proceedings between the tenant and the landlord before that very local authority, Government, subordinate Courts and this Court. Unfortunately, this writ petition will not also end their disputes and may possibility conclude the validity of the licence issued to the landlord. With this preface it is appropriate to notice the facts that are necessary for a proper disposal of the questions ...

Syndicate Bank Vs. Sowdagar MoinuddIn and Sons and ors.

Court: Karnataka

Reported in: AIR1982Kant351; 1981(2)KarLJ416

ORDER1. This revision petition is disposed of at the stage of admission after, notice to respondents.The respondents bad obtained financial facilities from the petitioner-Bank by creating a mortgage of certain immovable properties by deposit of title deeds in favour of the bank. In that behalf the respondents executed an agreement dated 11th Feb., 1976 which dealt with the nature of the loan and the mode of repayment. They also gave in writing to the bank a memorandum informing the bank of the fact of their having deposited the title deeds at an earlier date, That memorandum is dated 11-2-1976. The suit filed by the petitioner is for foreclosure of the mortgage and prayer is for realisation of the loan amount outstanding, by the sale of the immovable properties. Several issues have been raised in the said suit. The first issue with which we are now concerned in this revision petition is as follows:'(1) Whether the articles of the agreement and form 11-B are admissible in evidence?' The...

Sakharam Anant Sathaye Vs. Deputy Commissioner, Dharwar District, Dhar ...

Court: Karnataka

Reported in: AIR1982Kant221

1. Regular Second Appeal No. 1494 of 1973 is instituted by the plaintiffs in L. C. Suit No. 78 of 1964 on the file of the Munsiff, Kundagol, and is directed against the judgment and decree dt. 25-8-1973 passed by the Civil Judge, Hubli, in Regular Appeal No. 5 of 1968, on his file, dismissing the appeal, on confirming the judgment and decree dated 20-12-1967 passed by the Munsiff, Kundagol, in L. C. Suit No. 78 of 1964, on his file, dismissing the suit of the plaintiffs.2. Regular Second Appeal No. 84 of 1974 is instituted by the legal representatives of the original plaintiff in L. C. Suit No. 28 of 1962 on the file of the Munsiff, Kundagol, and is directed against the judgment and decree dated 25-8-1973 passed by the Civil Judge, Hubli, in Regular Appeal No. 66 of 1970, on his file, allowing the appeal, on reversing the judgment and decree dated 23-2-1970 passed by the Munsiff, Kundagol, in L. C. Suit No. 28 of 1962, on his file, decreeing the suit of the original plaintiff.3. It app...

Narayan Shivaram Kulkarni Vs. State of Karnataka

Court: Karnataka

Reported in: ILR1986KAR37

ORDERRama Jois, J.1. In this Writ Petition, a Sub-Inspector, in the Police Department of the State Government, has prayed for quashing the order made by the Inspector General of Police, by which respondent 4 one S.B. Shinde, is given seniority with effect from 25-2-1959, as Police Sub-Inspector and placed above the petitioner, and has also prayed for the issue of a writ of mandamus directing respondents 2 and 3 to promote the Petitioner as Sub-Inspector of Police with effect from a date prior to 25-2-1959.2. The facts of the case, in brief, are as follows : The Petitioner and respondent-4 were originally head constables in the Police Department of the former State of Bombay. They stood allotted to this State, under Section 115 of the States Reorganisation Act with effect from 1-11-1956. The Petitioner was senior to respondent-4. The Petitioner was promoted as Police Sub-Inspector with effect from 14 11-1960. Respondent-4 was promoted as Sub-Inspector much later. Rut by an order made by...

SebastIn Antony and anr. Vs. Rawananda Bhatta and anr.

Court: Karnataka

Reported in: AIR1982Kant73; ILR1981KAR1363; 1981(2)KarLJ409

1. This appeal by the judgment-debtors I and 2 is directed against the order dated 29-3-1977 passed by the Civil Judge, Udupi, dismissing their appeal, on confirming the order dated 13-10-1976 passed by the Principal Munsiff, Udupi, in Execution Case No. 124 of 1971, on his file.2. The decree-holder filed an application for execution of the mortgage decree passed in original Suit No. 220 of 1965 in his favour, since the amount was not paid, at No. 124 of 1971. The second judgment debtor contended that in view of the application of the Karnataka Agricultural Land Ordinance, 1973, the decree could not be executed since the mortgaged lands were agricultural holdings. The learned Munsiff, however, held that since Maharashtra Apex Corporation had obtained a mortgage decree already in respect of these properties against the same judgment-debtors, the present decree was hit by the doctrine of lis pendens and, hence, the properties could not be sold in execution of that decree and, in that vie...

The Asstt. Commissioner and Competent Authority, Urban Land Ceiling, B ...

Court: Karnataka

Reported in: AIR1982Kant118; ILR1982KAR204; 1981(2)KarLJ563

Malimath, J.1. This appeal is by the Assistant Commissioner and Competent Authority under the Urban Land Ceiling Act, challenging the order made by the learned single Judge in W. P. No. 11462 of 1978. For the sake of convenience we would refer to the parties to this appeal with reference to the status and position in the writ petition.2. The petitioner IBM World Trade Corporation owned land Survey Nos. 88 to 104 of By at arayanapura village, Yelahanka Hobli, Bangalore North Taluk. They were originally agricultural lands with some buildings standing thereon. The 1st petitioner made an application under S. 95 of the Karnataka Land Revenue Act to the appropriate authority seeking permission to convert the land to non-agricultural use. Permission, in due course, was granted. We are informed that the total extent of the land measures 1,72,211.46 sq. metres. On the l1th Aug., 1973 the 1st petitioner entered into an agreement with the 2nd petitioner Larsen & Toubro, Limited agreeing to sell t...

Jinnappa Thavannappa Patil and ors. Vs. Kallavva and ors.

Court: Karnataka

Reported in: AIR1983Kant67

1. This appeal by the plaintiff is directed against the judgment and decree dated 8th Aug. 1973 passed by the II Additional District Judge, Belgaum, in R.A.No.11 of 1971 on his file, dismissing the appeal and confirming the judgment and decree passed by the I Additional Civil Judge, Belgaum, on 3-4-1971 in O.S.No.79 of 1969 on his file, dismissing the suit of the plaintiffs.2. The genealogy of the family of the plaintiffs and defendants is as under :-TUKAPPAKhemanna Lokkappadied on 16-1-84 diedW. Basawa Tavanappa18-7-69Ratnava Kallavva died on 8-4-66(died) (Deft.No.1) W. Gangava plff.5Jinappa Parisa Shrikant BabuPlff.1 Plff.2 Plff.3 Plff.4 Tukappa has two sons, namely, Khemanna and Lokappa. Khemanna died on 16-1-34 leaving behind him Basawa his widow. Basawa had two daughters, namely, Ratnava and Kallavva. Basawa died on 18-7-69. Ratnava had already died Kallavva is defendant No.1 in the suit.In the other branch Lokappa died leaving behind him his son Tavanappa, who died on 3-4-66 leav...

Karnataka State Road Transport Corporation Vs. K.H. Ratna and ors.

Court: Karnataka

Reported in: AIR1982Kant163; ILR1982KAR80

Jagannatha Shetty, J.1. This appeal under S. 110-D of the Motor Vehicles Aci has been preferred against the judgment and Award dated Nov. 17, 1977 made by the District Judge - Member of the Motor Accidents Claims Tribunal, Shimoga, in Miscellaneous No. 31 of 1976.2. On Dec. 30, 1975 at about 12-45 p. m. there was an accident at B. H. Road, Bhadravathi resulting in the death of one Visveswaraiah who was an employee of the Visveswaraya Industrial and Steel Ltd., Bhadravathi. He was caught underneath the hind wheel of a stage carriage belonging to the Karnataka State Road Transport Corporation ('the Corporation'). The driver of the bus was one Shivanna Gowda. Visveswaraiah was then riding a motor cycle and coming in the opposite direction.3. The claimants respondents 1 to 3 who are none other than the widow and two minor daughters of the deceased moved the Tribunal with an application under S. 110-A of the Motor Vehicles Act, They have alleged inter alia that the bus was driven rashly and...