Karnataka Court September 1987 Judgments

Ramakrishnacharya and ors. Vs. Sreenivasacharya and ors.

Court: Karnataka

Reported in: AIR1989Kant30

Chandrakantaraj URS, J.1. This Regular First Appeal is directed against the order made in R.I.A. No. 88/1967 in 0. S. No. 38/1965 bearing the date 31-3-1977.2. The said order purports to be made in Final Decree Proceedings pursuant to the preliminary decree granted in the aforementioned original suit No. 38/1965 on the file of the 1st Additional, Civil Judge, Mangalore. The 'said suit was one for partition. The suit 'B' schedule properties were all agricultural lands assessed to land revenue.3. A perusal of the order shows that the matter had come up before this Court earlier in R. F. A. 93/71 and was disposed of by a remand by which Court below was directed to proceed in a particular manner. What was pressed before this Court earlier in R.F.A. 93/71 was that the allocation of lands in the final decree proceedings, among the parties to the proceedings was such that some of them got larger extent of lands in the partition that were in the occupation of tenants than other sharers. In the...

D. Ramappa and Etc. Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: AIR1989Kant24

ORDER1. By consent of Counsel for parties, these Writ Petitions are treated as, having been posted for final hearing and I have heard the learned Counsel for the parties.2. This is the third round of litigation between the parties. Earlier, the State Government had passed an order on 3-4-1979 directing that Millaghatta tank should be breached and that the tank bed measuring 27 acres and odd should be transferred to the Shimoga Municipality, free of cost, for the formation of sites to be distributed among the poor people. This order was challenged by the petitioners and some other Achkatdars in Writ Petitions Nos. 6527 to 6536 of 1979. When the said Writ Petitions came up for final hearing on 20-6-1979, the Government Pleader, on behalf of the Government, had filed a memo stating that the Government would withdraw the impugned Government Order and accordingly, the Writ Petitions did not survive for consideration. However, under the instructions of the State Government, the Deputy Commis...

Ramappa Kadappa Konnur Vs. Sangappa Parappa Kavalli

Court: Karnataka

Reported in: ILR1987KAR3488

Shivashankar Bhat, J.1. W.A. No. 1269/1981 is by the owner Ramappa against the order in W.P. No. 4269/1977. Respondent, Sangappa's Writ Petition was allowed by a common order made in W.P. Nos. 4268 and 4269 of 3977. W.P. No. 4268/77 was the Writ Petition of another claimant to the status of tenant in respect of another land belonging to the appellant.2. In the year 1942, father of the appellant died. Lands are situated in the erstwhile Jamkhandi State, which was a princely State in 1942. In 1943, Court of Wards of Jamkhandi State took the management of the estate left by the father of the appellant, since appellant was a minor at that time. The Court of Wards leased the lands for cultivation. On 8-3-1948 Jamkhandi State merged with the erstwhile Bombay State and with effect from 1-8-1948, Bombay Tenancy and Agricultural Lands Act, 1939 was made applicable to the areas of the merged State. The Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred as 'the Bombay Tenancy A...

M. Akkawa Vs. New India Assurance Co and ors.

Court: Karnataka

Reported in: [1988]63CompCas319(Kar)

P.K. Shyamsundar, J.1. A question very unusual in nature arises in this appeal by a non suited claimant in a motor accident claim pertaining to the death of the claimants adult son in an accident that occurred on March 20, 1977, at about 10.00 am at a place called Doddabathi near Davanagere city in the district of Chitradurga. As a result of the mishap the claimants 27 year old son, Bopanna alias Harish, sustained severe injuries to which he succumbed later at the C.G.Hospital Davanagere, on March 21, 1977. 2. Anent his death the question that arises for consideration is can a claim for compensation under Act Policy be pressed against the insurer of the motor vehicle where the accident victim is the representative or agent in this case also the son of the owner cum person insured of the vehicle involved in the accident? 3. Tracing back the proposition the question would be whether the insurer under the Act policy is liable for compensation for the death of the insured owner of the vehi...

Ballarpur Industries Ltd. Vs. Court of the Civil Judge, Karwar and ors ...

Court: Karnataka

Reported in: ILR1987KAR3445

Shivashankar Bhat, J.1. In these petitions, the petitioners seek the quashing of the judgment and decree made in LAC. No. 3/1978 on the file of the Civil Judge, Uttar Kannada, Karwar.2. W.P. No. 10415/83 is by Ballarpur Industries Ltd., (hereinafter referred to as 'The Company') which claims that the lands which were the subject matter of the aforesaid decision of the Court of the Civil Judge, were acquired for the benefit of the Company, f or the purpose of constructing salt pans for its caustic soda factory at Binaga, in Uttar Kannada. According to the Company, it initiated action through the Karnataka Industrial Areas Development Board (hereinafter referred to as 'The Board) for the acquisition of these lands under the provisions of the Karnataka Industrial Areas Development Act, 1966 (shortly called 'The Act) after declaring -the said lands as an industrial area.3. The contention of the petitioner is that the Company was not notified of the proceedings before the Civil Court under ...

M. Akkavva Vs. New India Assurance Co. and ors.

Court: Karnataka

Reported in: II(1988)ACC452; AIR1988Kant238; ILR1988KAR938; 1988(1)KarLJ120

Shyamasundar, J. 1. A question very unusual in nature arises, in this appeal by a non-suited claimant in a motor accidents claim pertaining to the death of the claimant's adult son in an accident that occurred on the 20th March, 1977 at about 10.00 a.m. at a place called Doddabathi near Davanagere city in the district of Chitradurga. As a result of the mishap, the claimant's 27 years old son Bopanna alias Harish, sustained severe injuries to which he later on succumbed to at the C. G. Hospital, Davanagere on the 21st March, 1977.2. Anent to his death the question that arises for consideration is, can a claim for compensation under 'Act Policy' be pressed the accident victim is the representative, or agent - in this case also the son - of the owner-cum-person insured of the vehicle: involved in the accident? Tracing back the proposition, the question; would be whether the insurer under the Act Policy' liable for compensation for the death, of the insured-owner of the vehicle, while trav...

K.R. Subbakrishna Vs. Ningiah and ors.

Court: Karnataka

Reported in: AIR1989Kant31

ORDER1. This appeal is directed against the judgment and decree of the Court of the Additional Civil Judge & Chief Judicial Magistrate, Mandya, in R.A . No. 175/75 allowing the appeal of the legal representatives of the first defendant in O.S. No. 82/74 before the Munsiff Court, Malavalli, challenging the judgment and decree of the trial Court decreeing the suit of the plaintiff for possession of the suit property.2. Briefly stated the facts are that Ramanna the father of the present appellant was the owner of the schedule property measuring 0-20 guntas of wet land bearing Survey No. 356 of Kirugavalu village, Malavalli Taluk, Mandya District, under a release deed dt. 6-5-1953. The said Ramanna released all his right, title and interest in favour of the present appellant and his wife Smt. Jayamma, who was also one of the, defendants in the original suit. In the original suit, the plaintiff in whose favour also there was a release jointly with his mother contended that the sale of the p...

Chandra Spinning and Weaving Mills (P.) Ltd. and Others Vs. Registrar ...

Court: Karnataka

K.B. Navadgi, J.1. This criminal revision petition is filed under section 397, read with section 401 of the Code of Criminal Procedure (the 'Code' for short), by petitioners Nos. 1 to 3 against the judgment of convictions and sentences passed by the Presiding Officer, Special Court for Economic Offences, Bangalore District, Bangalore, in C C No. 79 of 1982.2. Chandra Spinning and Weaving Mills P Ltd., a company incorporated under the Indian Companies Act, 1913, having its registered office at 5th Main Road, Chamarajpet, Bangalore-18, represented by its director, Sri M Krishnamoorthy (petitioner No. 1), Shri M Krishnamoorthy (petitioner No. 2), and Sri M Nagaraj (petitioner No. 3), the directors of the said company, were A-1, A-2 and A-4, respectively, in the trial court. The other person arraigned in the trial court as accused No. 3 was Sri M Madhusudhan, another director of the said company.3. Chandra Spinning and Weaving Mills P Ltd., Sarvashree M Krishnamoorthy, M Madhusudhan and M ...

Shree Dharma Sudar Industries Pvt. Ltd. and ors. Vs. Registrar of Comp ...

Court: Karnataka

Reported in: [1989]66CompCas337(Kar)

ORDER1. The learned Senior Central Government Standing Counsel Shri C. Shivappa, prayed for time. These are all matters pending since 1986. The point involved in these cases is a very simple one which does not require any deeper and serious consideration so far as the facts are concerned. Therefore his request for time is rejected. 2. Criminal Revision Petition No. 44 of 1986 by the accused is directed against the judgment and order of conviction and sentence dt. 30-12-1985 passed by the Special Court for Economic Offences, Bangalore District, Bangalore, in C.C. No. 94 of 1985 convicting the accused under R. 11 of the Companies (Acceptance of Deposits) Rules 1975 and sentencing each of the accused to pay a fine of Rs. 100/- for not submitting the return within the prescribed time and imposing a further fine of Rs. 100/- on each of the accused for not submitting the return from 30-6-1975 till 5-2-1985 being the date of filing of the complaint and in default to pay the fine to undergo si...

imambi Vs. Khaja HussaIn and ors.

Court: Karnataka

Reported in: AIR1988Kant51; ILR1987KAR3397; 1988(1)KarLJ294

Nesargi, J. 1. Imambi, who was plaintiff in O.S. No. 47 of 1967 on the file of the Civil Judge, Raichur, has preferred this appeal. Respondent 3 defendant 3 Yelgatti Hanumappa is the contesting respondent. He died during the pendency of this appeal and his L.Rs. have been brought on record.2. Khaja Hussain respondent 1 defendant 1 is the husband of the plaintiff. Khajabi respondent 2, defendant 2 is the mother of defendant 1.3. The suit properties are the lands Survey Nos. 165 and 166 of Anwari village, Lingsugur Taluk, Raichur District, commonly called as Rai Sakruppanna Hola.4. The plaintiff prayed for declaration that she is the owner of the suit lands; that the sale deed dated 28-4-1966 (Ex.D.2) executed by defendants 1 and 2 in favour of defendant No. 3 selling these suit lands to defendant 3 is illegal, null, void and inoperative and not binding on her, and for permanent injunction, restraining the defendants from interfering with her possession of the suit lands. 5. The undisput...