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Karnataka Court September 1995 Judgments

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Sep 05 1995

C.H. Suresh Vs. Karnataka State Road Transport Corpn., Bangalore and o ...

Court: Karnataka

Decided on: Sep-05-1995

Reported in: [1996(74)FLR2413]; 1995(4)KarLJ457

ORDERM.F. Saidaiiha, J.1. Heard petitioner's learned advocates. Heard respondents' learned advocate.2. The petitioner had applied for a post in the KSRTC and one of the requirements was that he was required to have five years' experience in the repair of motor vehicles. The petitioner contends that he passed his examination in September 1988, but that as per the certificates produced by him on and from 1.6.1988, the petitioner was working as a mechanic and that therefore, merely because part of his experience was prior to the declaration of his results and acquisition of the qualification, that it cannot be omitted from consideration. The respondents have seriously assailed the petitioner's certificate which is Annexure 'D' to the petition which certificate is on the letter head of R. R. Motor Driving School and which reads as follows :'I certify that I, C. H. Suresh (Diploma in Automobile Engineering) has been running the Work Shop & R. R. Motor Driving School successfully for the pas...


Sep 05 1995

Hutchegowda Vs. Smt. Jayamma and anr.

Court: Karnataka

Decided on: Sep-05-1995

Reported in: ILR1996KAR1711; 1996(2)KarLJ751

Hari Nath Tilhari, J.1. This is a plaintiff's Second Appeal from the Judgment and decree dated 11th September, 1984, passed by the Principal Civil Judge, Mandya, in Civil Regular Appeal No. 90/1978 (Marihutchamma and another v. Hutchegowda), arising out of Judgment and decree dated 30th September, 1978, passed by Munsiff, Malavalli, in O.S. 138/1975, decreeing the plaintiff's claim for partition and possession of 1/2 share in the schedule suit property, allowing the defendants' appeal and setting aside the Judgment and decree of the Trial Court in O.S.No. 138/1975 and dismissing the plaintiff's suit in entirety.2. The facts of the case in brief are that the plaintiff - respondent filed this suit giving rise to this appeal for partition and separate possession of 1/2 share of the property in suit, namely, 24 guntas of land bearing Sy.No. 19/1, situate in Ganiganapura Village with the allegations to the effect that the property in suit belonged to 2nd defendant - respondent No. 2 - Marih...


Sep 04 1995

N.S. Rama Rao Vs. Regional Transport Authority

Court: Karnataka

Decided on: Sep-04-1995

Reported in: I(1997)ACC130; ILR1996KAR117; 1995(5)KarLJ293

ORDERTirath S. Thakur, J 1. The petitioner filed an application before the Regional Transport Authority seeking variations in the conditions of a permit held by him by way of Revision of timings. This application was rejected by the Regional Transport Authority concerned in terms of a decision taken on 30th November, 1994 on the solitary ground that in terms of an earlier decision taken by the Authority on 31st of October, 1994, all applications pertaining to the grant of permits for the years 1993-94 and their variations were liable to be rejected.2. Aggrieved, the petitioner filed a Revision before the Karnataka Transport Appellate Tribunal, who by its order dated 12th July, 1995, Annexure-B, to the Writ Petition dismissed the same holding that since the petitioner could have preferred an appeal against the impugned order passed by the Regional Transport Authority as per Section 89(b) of the Motor Vehicles Act, 1988 a Revision under Section 90 of the Act was not maintainable. Aggriev...


Sep 01 1995

irawwa Vs. Krishnaji Venkatesh Naik

Court: Karnataka

Decided on: Sep-01-1995

Reported in: ILR1996KAR1321; 1996(2)KarLJ285

Hari Nath Tilhari, J.1. This is defendants' Second Appeal from the Judgment and decree dated 10.12.1980 delivered by the 1st Additional District Judge, Belgaum (Sri Syed Fazlulla Razvi) in Regular Civil Appeal No. 138/1980, whereby the lower appellate Court (the learned Additional District Judge) allowed the plaintiff's appeal and set aside the Judgment and decree dated 27.10.1978 passed by the learned Munsiff, Ramdurg, dismissing the plaintiff's claim in the suit (O.S.No. 85/1972) on the basis of finding on issue No. 2 to the effect that defendants had proved accrual of title by adverse possession. The lower Appellate Court after having set aside the Trial Court decree has decreed the plaintiff's claim in the above mentioned suit O.S. No. 85/1972 for possession of the property in dispute.2. According to the plaintiff's case, Survey No. 25 of Halagatti Village situated in Ramdurg Taluk in the District of Belgaum, belongs to the plaintiff-respondent The plaintiff further alleged that Su...


Sep 01 1995

Ramachandrachar Vs. Commissioner, Mysore City Corporation

Court: Karnataka

Decided on: Sep-01-1995

Reported in: ILR1996KAR1494; 1996(2)KarLJ312

Hari Nath Tilhari, J. 1. This is plaintiff's Second Appeal arising from the judgment and decree dated 8th of March, 1985, in Regular Appeal No. 13/85 (M.P. Ramachandrachar v. Commissioner, Mysore City Corporation) delivered by the I Additional Civil Judge, Mysore dismissing the plaintiff's appeal and affirming the judgment and decree dated January 31, 1985, passed by the I Additional Munsiff, Mysore in Original Suit No. 377/82, dismissing the plaintiff's suit for decree for permanent injunction.2. The plaintiff-appellant's case has been that the plaintiff has been the owner of property mentioned in the schedule attached to the plaint. That the plaintiff-appellant wanted to effect certain petty repairs to the latrine and bath room portion in his house and therefore obtained a licence from the defendant. The plaintiff further alleged that while repairing work was being done, the roof of the latrine and bath room came down and so the plaintiff submitted a modified plan and applied for lic...


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