Karnataka Court August 1987 Judgments
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B.T. Thippajja Vs. Regional Transport Authority
Court: Karnataka
Decided on: Aug-12-1987
Reported in: ILR1988KAR679
ORDERVenkatachala, J.1. This is a petition filed under Articles 226 and 227 of the Constitution seeking the quashing of the resolution dated 29-1-1987 of the Regional Transport Authority, Chitradurga (R.T.A.), by issue of a Writ in the nature of certiorari or any other appropriate Writ, order or direction. That resolution reads thus:'The R.T.A. heard the Counsel for the permit holder and perused the records. It is seen from the records that the permit holder is not operating the service from 12-11-1986 and still continues to be under non-operation. Therefore, the R.T.A. resolved to grant two months time subject to payment of compounding fine according to slab fixed as required Under Section 60 of the M.V. Act, 1939, in lieu of cancellation of permit. 9 to 90 days - Rs. 10/- per day ; 0 to 180 days - Rs. 25/- per day ; 0 to 365 days - Rs,50/- per day. If the permit holder fails to resume operation of service on the route in question within two months as agreed upon by him besides remitt...
General Manager Vs. Yellappa Dharmoji Kittur
Court: Karnataka
Decided on: Aug-12-1987
Reported in: ILR1987KAR3564
ORDERVenkatachaliah, J.1. This appeal is by the Karnataka State Road Transport Corporation and is preferred against the Judgment and Award dated 29-1-1985, made in M.V.C. No. 239 of 1983, on the file of the Motor Accidents Claims Tribunal No. III, Belgaum, granting to the parents of the deceased boy, aged 14 years, a compensation of Rs.29000/-. The Tribunal, however, deducted therefrom the sum of Rs.2000/- paid earlier, ex-gratia, by the appellant.2. The boy, a student of 8th standard died as a result of the injuries sustained in an accident that occurred on 30-12-1982 at Kanabargi. It is stated that the boy was about to board appellant's bus to return to his village nearby, after school. The case put-forward by the claimant, and accepted by the Tribunal, was that when the boy was about to board the bus, the bus made a sudden and unmingled start, as a result of which the boy fell-down and sustained injuries to which he later succumbed. Ex. P-5, the post mortem report reveals a crush in...
State of Karnataka Vs. Coimbatore Premier Constructions
Court: Karnataka
Decided on: Aug-11-1987
Reported in: ILR1988KAR457; 1988(1)KarLJ249
K.A. Swami, J.1. R.F.A.No. 14/1978 is filed by the plaintiff and R.F.A. No. 48/1976 is filed by the defendants. In this Judgment the parties will be referred to with reference to the position assigned to them in the trial Court. As both the appeals arise out of the same suit, they are disposed of by this common Judgment.2. O.S.No. 94/1972 was filed by the plaintiff for recovery of a sum of Rs. 48,409-06 being the amount due towards the work contract entrusted to it under Ex.P. 10. The case of the plaintiff is that the defendants illegally terminated the contract and illegally forfeited the earnest money deposit and also failed to pay the amount towards the work done under the contract Ex.P. 10. Therefore, under all the heads together, the plaintiff prayed for a decree for recovery of the aforesaid sum.3. The defendants disputed the claim made by the plaintiff and contended that the contract was terminated in accordance with the provisions contained therein ; that the plaintiff failed t...
State of Karnataka Vs. Registered Firm of Ieo Metal Corporation
Court: Karnataka
Decided on: Aug-11-1987
Reported in: ILR1988KAR1474
Kulkarni, J.1. These two appeals by respondent-1 are directed against the common order dated 1-1-1983 passed by the 9th Additional City Civil Judge, City Civil Court, Bangalore, in Miscellaneous Nos.27/82 and 87/82 raising the attachment and allowing both the petitions.2. Appellant filed a suit in O.S. No. 44/73 against Steel Construction Company (P) Ltd., respondent-2 in M.F.A. No. 1232/83 and respondent-4 in M.F.A. No. 1233/ 83 for recovery of damages on account of non-supply of electrical goods. The said suit was decreed for Rs. 2,84,329/- and odd. The State of Karnataka sued out execution in old Execution No. 17/76 and new Execution Case No. 77/80 pending on the file of the City Civil Court and got attached the immovable property Of respondent-2 on 7-10-1 976. The Court ordered sale of the said property on spot on 6-1-1983 and the sale in Court on 10-1-1983.Respondent-2 which is a Private Limited Company is running an Industry. The provisions of the Employee's State Insurance Act, ...
Oriental Insurance Co. Ltd. Vs. Prakash Road Lines (P.) Ltd.
Court: Karnataka
Decided on: Aug-10-1987
Reported in: [1991]70CompCas670(Kar)
P.P. Bopanna, J.1. At the stage of admission, the respondent was notified and the records of the lower court were also obtained. The respondent has put in appearance through counsel. Learned counsel for both sides agreed to argue the appeal for final disposal. Accordingly, the appeal was treated as having been posted for final hearing and heard for final disposal. 2. This appeal raises an important question relating to the right of the insurance company to recover the damages payable by the common carrier, after having compensated the insured in terms of the policy of insurance in favour of the insured. 3. The matter arises in this way: The appellant-company is the insurer of the goods in question which were admittedly entrusted to the respondent-common carrier for transshipment from Secunderabad to Rae Bareli. The goods did not reach the consignee-Indian Telephone Industries Ltd. (in short 'the ITI') in time and, therefore, enquiries were made by the consignee to trace the consignment...
Pratap Singh and ors. Vs. Jaibunnisa
Court: Karnataka
Decided on: Aug-10-1987
Reported in: AIR1989Kant70
Shivashankar Bhat, J.1. These two revision petitions were referred for consideration by the Division Bench and accordingly they have come up before us for hearing .2. Since common questions of law and facts are involved, they are heard together, and disposed of by the following order.3. The, parties are same in both the petitions. Petitioners claim to be the owners, sought eviction of the respondents-tenants under various sub-clauses of S. 21(l) of the Karnataka Rent Control Act, 1961 ('the Act') alleging that the respondents were the lessees. The petitioners claim to be the descendants of one Lachiramsing, whose grandfather was Parwatsing. The premises were bits of open land in the year 1849 and were granted on lease by Lachiramsing in favour of one Mohamad Gori Soudagar under a registered lease deed (Ex. P. 1). According to the petitioners the lease was for a period of 20 years and thereafter the tenant had to continue as a lessee under the lessor and the lessor was entitled to seek ...
Huvappa Mahadev Mense Vs. Land Tribunal
Court: Karnataka
Decided on: Aug-10-1987
Reported in: ILR1987KAR2797; 1987(2)KarLJ327
Shivashankar Bhat, J.1. These appeals are by Huvappa, the petitioner, in W.P. Nos. 6517 and 7971 of 1977. He claimed the status of a tenant entitled to registration as an occupant under Section 45 of the Karnataka Land Reforms Act, 1961, which was not granted.2. The disputed lands are situated at Yallur village in Belgaum Taluk. One Nilkanthappa Sangappa Potdar of Yallur died a few days prior to 27-2-1938 leaving behind, his mother, widow and two minor sons by name Sangappa and Mohan who are respondents 2 and 3 in W.P. No. 7971/77. The lands in question along with other properties formed part of a vast estate left by the deceased Nilkanthappa, situated both within and outside the limits of erstwhile State of Kuruadwad. As the aforesaid two sons of the deceased Nilkanthappa were minors, the estate of the deceased including the lands in question were taken under the management of the Court of Wards by the order dated 27-2-1938 issued by the Chief of Kurundwad State, under the provisions ...
L. Kumara Chandra Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-10-1987
Reported in: ILR1987KAR2756
ORDERRama Jois, J.The petitioners in these three petitions, who had been appointed as Munsiffs in the Judicial Service of the State, have presented these petitions questioning the legality of the orders by which they were discharged from service.2. The facts of the case, in brief, are as follow: The three petitioners were selected for appointment to the posts of Munsiff in the Judicial Service of the State under the provisions of the Karnataka Munsiffs (Special Recruitment) Rules, 1978. On their appointment to the posts, they reported for duty on 13th October, 1978, before the High Court, After the completion of the period of training, they were posted to different places to work either as Munsiffs or as Magistrates. The period of probation fixed under the Rules was two years. However, as the validity of the appointments of the petitioners and others had been the subject matter of legal proceedings before this Court and subsequently before the Supreme Court, the period of probation was...
Pratapsingh Vs. Jaibunnisa Begum
Court: Karnataka
Decided on: Aug-10-1987
Reported in: ILR1987KAR3464
ORDERShivashankar Bhat, J.1. These two revision petitions were referred for consideration by the Division Bench and accordingly they have come up before us for hearing.2. Since common questions of law and facts are involved, they are heard together and disposed of by the following order.3. The parties are same in both the petitions. Petitioners claim to be the owners, sought eviction of the respondents-tenants under various sub-clauses of Section 21(1) of the Karnataka Rent Control Act, 1961 ('the Act') alleging that the respondents were the lessees. The petitioners claim to be the descendants of one Lachiramsing, whose grand-father was Parwatsing. The premises were bits of open land in the year 1849 and were granted on lease by Lachiramsing in favour of one Mohamad Gori Soudagar under a registered lease deed (Ex. P.1). According to the petitioners the lease was for a period of 20 years and thereafter the tenant had to continue as a lessee under the lessor and the lessor was entitled t...
Oriental Insurance Co. Ltd. Vs. Prakash Road Lines (P) Ltd.
Court: Karnataka
Decided on: Aug-10-1987
Reported in: ILR1987KAR3511
P.P. Bopanna, J.1. At the stage of admission, the respondent was notified and the records of the lower Court were also obtained. The respondent has put in appearance through a Counsel, Learned Counsel on both the sides agreed to argue the appeal for final disposal. Accordingly, the appeal was treated as having bees posted for final hearing and heard for final disposal.2. This appeal raises an important question relating to the right of the Insurance Company to recover the damages payable by the common carrier, after having compensated the insured in terms of the policy of insurance in favour of the insured.3. The matter arises in this way :The appellant Company is the Insurer of the goods in question which were admittedly entrusted to the respondent-common carrier for transhipment from Secunderabad to Rae Bareli. The goods did not reach the consignee-Indian Telephone Industries Ltd. (in short the 'I.T.I') in time and therefore enquiries were:made by the consignee to trace, the consignm...
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