Karnataka Court October 1996 Judgments

Mrs. Cheryl Margurite Soggee Vs. Lt. Col Richar Charles Menasse

Court: Karnataka

Reported in: AIR1997Kant175; ILR1997KAR742; 1997(1)KarLJ49

ORDER1. The brief facts leading to these cases are that Mrs. Hildred Joyce Faithful executed a Will dt. 17-11-87 bequeathing all her properties to the persons mentions therein. In that Will 2 persons viz. Mrs. Certrude June Dalby and Mrs. Cheryl Margurite Soggee were to be the executors of her last Will and were jointly entitled to execute and charge calculate at 3% of the gross value of her estate for administration of her estate legal fees etc. The testator died on 31-10-1988 at Bangalore. Thereafter on 22-2-89 the proposed executor filed Pro. C.P. 4/89 for grant of Probate of the Will dt. 17-11-87. In that case, the caveat was entered and the citationwas issued in Deccan Herald dt. 25-3-99. In response to this general notice also, none has come forward to oppose the grant of Probate The first executrix having died since before the filing of the Probate C. P. and as this Court felt that there is no impediment to grant the probate in favour of Mrs. Cheryl Margurite Soggee -- Petr. her...

Lovely Joseph Vs. State of Karnataka and Others

Court: Karnataka

Reported in: AIR1997Kant269; ILR1997KAR424

ORDER1. The petitioner has approached this Court of commanding upon the 2nd respondent-University who approved the admission of the petitioner is to the BDS Course, which he had given in the 4th respondent-college during the academic year 1994-95 by the Director of Medical Education under B.Sc. quota.2. According to the petitioner she had completed PUC with Physics, Chemistry and Biology and she also acquired the B.Sc. Degree.3. The regulations framed under S. 20 of the Dentist Act, 1948, provides for the following eligibility criteria for admission to the BDS course:' a) The candidate has completed the age of 17 years at the time of admission traumatized will complete this age on 31st December of the year of his admission; provided that the candidates who are being admitted to the 5 year course, including 1 year for pre-Dental Course, should have completed the age of 16 years at the time of admission or will complete this age on 31st December of the year of his admission to the pre-De...

Meenakshi Vs. D. Rajashekarappa and anr.

Court: Karnataka

Reported in: ILR1997KAR2105

Hari Nath Tilhari, J.1. This appeal under Section 173 of the Motor Vehicles Act of 1988 arises out of the Judgment and Award dated 31.5.1990 in MVC No.308/95. According to the claimant's case on 5.9.1985 a motor accident had taken' place at about 8.30 a.m. viz., the accident in which the Matador Van bearing No. CNG 9229 which has being used to transport the goods from Shimoga to Agumbe. When it was proceeding between Gajanur Village and Gajanur Dam, a lorry bearing No.MYY 5437 driven by Sri. A.G. Gajendra came from the opposite direction and collided with the Matador Van. The owner of Matador died on the spot, and other 3 persons sustained injuries and the injured persons also made claim petitions. The owner of the Matador who died on the spot, his mother the appellant filed the claim petition which was numbered as 308/85 impleading the respondents as party ops. in that case. The tribunal after framing the issues tried the matter and on the basis of the circumstantial and oral evidence...

S. Krishna Vs. State of Karnataka

Court: Karnataka

Reported in: 1998CriLJ785

Saldanha, J. 1. This pair of appeals arises out of judgment and order dated 26-7-1991 in Sessions Case No. 60/88. The appellant in the first of the appeals is the original accused who stood charged with having committed an offence punishable under Section 376, I.P.C., in so far as on 14-6-1987 at about 9 a.m., he is alleged to have enticed Kum, J. Padmavathy, hereinafter referred to as the victim, to a lonely place where he had taken her on a bicycle on the false pretext that he would procure a certain form for her and it is alleged that he had overpowered the girl at that spot and that he had committed an act of rape. The girl had thereafter come back crying and P.W. 8 Ankamma, who is her grand-mother, was informed by her that she had sustained injuries on her genitals. Ankamma waited until P.W. 1 Madaiah, who is the father, and P.W. 11 Mahadevamma, who is the mother, came back to their home and she informed them about what had happened. Since the victim was in considerable pain and d...

Mohammed Aslam Vs. the Regional Transport Authority and ors.

Court: Karnataka

Reported in: ILR1997KAR2248

ORDERHari Nath Tilhari, J.1. Heard the learned Counsel for the parties.2. This petition has been listed for orders along with an application for vacating stay. The learned Counsel for the parties agree that the matter may be heard and disposed of finally. Sri B.R. Sundaraja Gupta, learned Counsel appears on behalf of the petitioner, and Sri M.S. Rajanna, learned Counsel appears for the opposite parties.3. The petitioner in this case has prayed for quashing of resolution dated 17.7.1996 bearing Sub. No. 154/96-97 and annexed as Annexure 'A'.4. According to the petitioner's case, the petitioner is already operating a stage carriage service on the route Thalavagilu to Paniyapura and back and Ramaghatta to Paniyapura Extension and Thalavagilu to Harapanahalli and back. Petitioner's further case is that on 5.6.1996, respondent No. 2 made an application for grant of a permanent stage carriage permit on the route Chitradurga to Davanagere and back. On 17.7.1996, certain objection was taken re...

State of Karnataka Vs. Lachamanna S/O Eranna

Court: Karnataka

Reported in: ILR1997KAR1318

M.F. Saldanha, J.1. This is an appeal preferred by the State of Karnataka and is directed against the Judgment and order of the learned Sessions Judge, Raichur dated 19.6.1993 in S.C.No. 70/1992.2. The charge against the respondent-accused was that on 9.7.1992 at about 6.00 a.m. at Hirapur Village within the limits of Yeragere Police Station that he is alleged to have assaulted his mother Tayamma on the head with an axe because she refused to give him money and thereby committed an offence punishable under Section 304 Part II IPC.3. The prosecution case was that the accused is alleged to have got into an argument with his mother earlier in the morning on that day and subsequently assaulted her with the butt end of an axe because she refused to give him money for alcohol. The other residents of the house and the neighbours immediately came to the scene and according to them since the accused was in a violent rage, they disarmed him and tied his hands and legs with a rope after which the...

Rajesab Bandagisab Gennur and anr. Vs. Siddalingayya Rudrayya Hiremath ...

Court: Karnataka

Reported in: ILR1997KAR2130

M.B. Vishwanath, J.1. Heard both Counsel.2. The appellants are the claimants before the Tribunal.3. Jorabai, mother of the claimants, died on 16.12.1989 at 8.30 a.m. at the bus-stand in Chikkapadasalagi village on Bijapur - Jamakhandi road as a result of the accident caused by the driver who was driving the tempo bearing No.MYJ 7967.4. The Tribunal dismissed the claim petition holding that the rashness and negligence on the part of the driver was not established and that the appellants claimants were not entitled to any compensation.5. Ex.P-1 is the copy of the F.I.R. It is clear from Ex.P-1 that there was rashness and negligence on the part of the driver. It is clearly stated that the driver was driving the tempo with great speed and negligence.6. Ex.P-3 is the copy of the mahazar prepared at the spot. It is clear from the recitals in Ex.P-3 that the vehicle in question, after dashing against the claimants' mother, was facing west from the tar road. It is clearly stated in Ex.P-3 that...

High Court of Karnataka Vs. H.S. Basavanna

Court: Karnataka

Reported in: ILR1997KAR788

ORDERM.F. Saldanha, J.1. This contempt proceeding has been instituted suo motu by the Court at the instance of the Learned Advocate General. The respondent was a litigant in a proceeding before our brother Farooq, J., and certain things took place in the Court room on the basis of which the Learned Judge had passed an order referring the matter to the Hon'ble the Chief Justice because he found that the respondent was not only adopting tactics which were tantamount to sabotaging the proceeding but that the generality of the actions indicated that the course of the judicial proceeding was being deliberately obstructed. The matter got considerably aggravated because the Hon'ble the Chief Justice found that the respondent had filed a written application to him in which, he had listed certain grievances with regard to the litigation but he basically cast serious aspersions against the judiciary by alleging that his opposite party who was the landlord had virtually taken care of the Judges. ...

S. Hiranyappa Vs. State of Karnataka

Court: Karnataka

Reported in: ILR1997KAR1532

1. Though this matter has come up for hearing on the question of admission, since I find that it can be disposed of finally at this stage itself, I have heard the learned Counsel for the appellant and the learned HCGP for respondent and perused the records. 2. This is an appeal by surety. Appellant was the surety for accused No. 2 in S.C. 85/90 on the file of the Additional Sessions Judge, Shimoga. Since, at a particular stage of the proceeding, he failed to keep present the accused No. 2, a miscellaneous case was registered against him in Criminal Miscellaneous No. 292/95 and a show cause notice was issued. After the surety appeared and bearing him, the learned Sessions Judge passed the impugned order dated 2-8-1996 directing issue of a fine, levy warrant against the surety for recovery of the surety bond amounting to Rs. 5,000/-. Being aggrieved by the said order, surety has come up with this appeal. 3. Learned counsel for the appellant took me through the impugned order dated 2-8-19...

Chaluva Vs. C.H. Mahadeva and ors.

Court: Karnataka

S. Rajendra Babu, J.1. Though this matter is listed for admission, notices have been issued to the respondents also. After admitting, the matter is taken up for final disposal with the consent of the learned Counsel on both sides.2. This appeal arises under the Motor Vehicles Act. An application under Section 166 of the Motor Vehicles Act was presented before the Motor Accidents Claims Tribunal at Mysore along with an application for condoning the delay in filing the claim petition. The accident in question is said to have taken place on 14.1.1988. The petition came to be filed on 26.4.1990. The Tribunal dismissed the said petition on the ground that the same is barred by limitation in the light of the decision of this Court in National Insurance Co. Ltd. v. Lachha : ILR1992KAR2383 . It was held in that decision that, if an accident took place prior to the 1988 Act came into force and claim petition is filed after 1.7.1989 when the Act had come into force, under Section 110-A of the 19...