Karnataka Court February 1996 Judgments
United India Insurance Co. Ltd. Vs. Smt. Lakshmamma and ors.
Court: Karnataka
Decided on: Feb-14-1996
Reported in: I(1997)ACC109; 1997ACJ170; ILR1996KAR2220; 1996(3)KarLJ382
Chandrashekariah, J. 1. This appeal is filed by the Insurance Company challenging the judgment and award dated 21.9.1994 passed in M.V.C.No. 2186/89 on the file of Motor Accidents Claims Tribunal, Bangalore.2. The legal representatives of one Sri S.Y. Lakshminarayana Reddy, filed a claim petition before the Accidents Claims Tribunal in respect of the death of above said Lakshminarayana Reddy in the accident occurred on 9.8.1989. The Tribunal, after appreciating the evidence, awarded the compensation of Rs. 1,61,000/- with current interest at 6% p.a. Aggrieved by the said award, the Insurance company filed this appeal, contending that the driver of the lorry who drew the vehicle on the date of the accident had licence only to drive light motor vehicle and he had no licence to drive heavy motor vehicle i.e. Lorry (heavy goods vehicle). The contention of the applicant that as the driver was not authorised to drive the vehicle involved in the accident, the appellant Insurance Company is no...
Tag this Judgment!K.M. Nataraj, Advocate and Anothers Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Feb-13-1996
Reported in: AIR1997Kant36; ILR1996KAR2678; 1996(5)KarLJ694
ORDER1. These two petitions are presented as public interest litigation by the lovers of the game of cricket, who are practising advocates before this Court and who are interested in viewing the 'Wills World Cup' Cricket, 1996. Though in these petitions they have prayed for a direction to the respondents not to apply power cut/load shedding during the telecast hour of the 'Wills World Cup' Cricket, 1996, commencing from 14th February, 1996 to 17th March, 1996; at hearing of the petitions Sri S. P. Shankar, learned counsel along with Sri M. Sudhakar Pai, appearing for the petitioners in W.P. No. 3292/96 (hereinafter referred to as the 'learned counsel for petitioners') and Sri Madan Mohan M. Khannur and Sri Ramakanth v. Shinde, Advocates appearing in person (hereinafter referred to as the 'petitioners') submitted that they would confine their relief in these petitions only for adirection to the respondents for reschedule of power cut/load shedding during the cricket telecast hours.2. Sr...
Tag this Judgment!A.S. Ibrahim Vs. Union of India and Others
Court: Karnataka
Decided on: Feb-13-1996
Reported in: ILR1996KAR1706; [1997]225ITR149(KAR); [1997]225ITR149(Karn); 1997(42)KarLJ43
G.C. Bharuka, J.1. The petitioner is a forest contractor. Consequent to his participation in a tender-cum-auction sale of cashew crops for the year 1995-96, he has been awarded with a work order dated October 28, 1995 (annexure 'A'), for the areas referred to therein subject to his fulfilling the conditions of the agreement. One of the conditions, which is of a general nature incorporated in all sale notifications issued by the Forest Department, is to the following effect : '9. Each purchaser shall, after a lot has been knocked down in his favour by the sale conducting officer, pay full value of his bid inclusive of the deposit made as per condition 5 supra plus the F.D.T. 12 per cent, sales tax 13 per cent, s.c. 15 per cent. on S.T. and I.T. at 15 per cent. and also s.c. at 10 per cent. on I.T. on the purchase money immediately on conclusion of the sale, either in cash or by a D.D. at par value drawn on any nationalised bank payable to the Silviculturist, Central Zone, Bangalore.' 2....
Tag this Judgment!State of Karnataka Vs. Dr. H.A. Ramaswamy and Others
Court: Karnataka
Decided on: Feb-12-1996
Reported in: 1996(1)ALT(Cri)635; ILR1996KAR1107; 1996(2)KarLJ1
Venkataraman, J. 1. On the basis of a chargesheet filed by the C.O.D., the learned Sessions Judge had framed charges under Sections 498A, 306 and 304B of the I.P.C. against the husband, father-in-law and mother-in-law of one Shashikala who died on 7-11-1987 by committing suicide in the house of the accused persons. The first accused is the husband, the second and third accused are the father-in-law and mother-in-law of deceased Shashikala. 2. The prosecution case in brief is to the following effect. The deceased was the daughter of one T. B. Mruthyunjaya who was working as an executive engineer in Madhya Pradesh. A proposal for the marriage of Shashikala with the first accused, who is a doctor, came from the aunt of the deceased. In about December, 1982 the girl was taken to the house of the accused and at that time A2 and A3 demanded dowry of Rs. 25,000/- as also gold ornaments of 45 sovereign and other household articles. They also wanted the marriage to be performed at the cost of t...
Tag this Judgment!Mirza Mohammed Yousuf Baig Vs. Deccan Enterprises
Court: Karnataka
Decided on: Feb-12-1996
Reported in: ILR1996KAR1618; 1996(2)KarLJ109
Chandrashekaraiah, J. 1. This Appeal is against the order dated 8.12.1995 on IA-I in O.S. No. 4256/1994 by the VIII Additional City Civil Judge, Bangalore City, dismissing IA-I for temporary injunction,2. For the sake of convenience the parties will be referred to in the course of this Judgment as they are arrayed in the Trial Court.3. This Appeal is by the plaintiff. The plaintiff has filed the suit for a declaration that the order passed in HRC No. 10010/91 on the file of the Court of Small Causes, Bangalore, dated 7.7.1994 is collusive, and fraudulent and the same is not binding on the plaintiff and for a permanent injunction restraining the first defendant from executing the said order. The plaintiff also filed an application IA-I for temporary injunction under Order 39 Rules 1 and 2 CPC restraining the 1st defendant from executing the order passed in HRC No. 10010/91 dated 7.7.1994 or in any way dispossessing the plaintiff from the property mentioned in the schedule to the plaint ...
Tag this Judgment!State of Karnataka Vs. Dr. H.A. Ramaswamy and ors.
Court: Karnataka
Decided on: Feb-12-1996
Reported in: 1996CriLJ2628
S. Venkataraman, J.1. On the basis of a chargesheet filed by the C.O.D., the learned Sessions Judge had framed charges under Sections 498A, 306 and 304B of the I.P.C. against the husband, father-in-law and mother-in-law of one Shashikala who died on 7-11-1987 by committing suicide in the house of the accused persons. The first accused is the husband, the second and third accused are the father-in-law and mother-in-law of deceased Shashikala.2. The prosecution case in brief is to the following effect. The deceased was the daughter of one T. B. Mruthyunjaya who was working as an executive engineer in Madhya Pradesh. A proposal for the marriage of Shashikala with the first accused, who is a doctor, came from the aunt of the deceased. In about December, 1982 the girl was taken to the house of the accused and at that time A2 and A3 demanded dowry of Rs. 25,000/- as also gold ornaments of 45 sovereign and other household articles. They also wanted the marriage to be performed at the cost of ...
Tag this Judgment!Amrith Educational and Cultural Society, Bangalore and Another Vs. Sta ...
Court: Karnataka
Decided on: Feb-08-1996
Reported in: ILR1996KAR860; 1996(3)KarLJ272
ORDER1. The first petitioner is a society registered under the provisions of the Karnataka Societies Registration Act, 1960. Petitioner No. 2 claims to be its Secretary-cum-Treasurer. According to the petitioners all the members of the society are Telugu speaking thus constituting a linguistic minority in the State of Karnataka.2. The present writ petition has been filed by the petitioners for issuance of a writ of mandamus to accord sanction/affiliation to the first petitioner for starting a new course of Bachelor of Education at Kolar. The grievance is that they have been denied the said right of establishment of the institution for intellectual, academic and professional advancement of its members though guaranteed under Art. 30 of the Constitution of India, under the impugned order dated 27-11-1993 (Annexure-S) passed by the respondent State.3. Mr. Narasimha Murthy, learned Sr. Advocate appearing for the petitioners has raised various contentions in support of theprayers made in th...
Tag this Judgment!Dr. Thota Ravindra and Another Etc. Vs. the Gulbarga University, Gulba ...
Court: Karnataka
Decided on: Feb-08-1996
Reported in: AIR1996Kant337; ILR1996KAR1316; 1996(2)KarLJ397
ORDER1. This batch of writ petitions filed by a group of Post Graduate Medical Students from the Gulbarga University raises one clear cut point for decision namely the question as to whether these petrs. who are now doing the Post Graduate Course after doing their Diploma Courses, or who are doing Diploma after having done the Senior Housemanship are entitled to claim the one year exemption that was provided for under the University's Regulations prior to 10-7-95. The position is undisputed that at the time when all these petrs. joined their courses of study, that the Regulation did provide for such exemption of one year but the University authorities by a notification issued on 10-7-95 which is under challenge in this group of writ petitions withdrawing the one year exemption. As a necessary consequence, the petrs. contend that though they had asked for the one year exemption that the University refused to make it available on the ground that the one year exemption rule is no longer a...
Tag this Judgment!National Insurance Co. Ltd. Vs. Ningamma and ors.
Court: Karnataka
Decided on: Feb-08-1996
Reported in: 1997ACJ549; ILR1996KAR2213; 1996(3)KarLJ468
S. Venkataraman, J. 1. Though this matter came up for admission by consent of both sides the matter is treated as admitted and heard on merits.2. The point that arises for consideration in this appeal is as to whether a person who is travelling in a bus gets down at an intermediary stop to make some purchase and is knocked down by the same bus when he is still outside should be treated as a passenger of the bus or a third party for the purpose of determining the liability of the insurer.3. It is now not disputed that one Siddaraj, son of respondents-1 and 2, was travelling in the bus belonging to 4th respondent on 23.10.89 from Kadukothanahalli to Mandya. When the bus stopped at Sabbanahalli Siddaraju got down and went to purchase cigarette. When he was returning towards the bus on the left side of the road the bus suddenly started and it went and knocked down Siddaraju who was killed at the spot. On the claim made by respondents-1 and 2 the Tribunal has awarded a compensation of Rs. 7...
Tag this Judgment!The Oriental Insurance Co. Ltd. Vs. N. Chandrashekaran and ors.
Court: Karnataka
Decided on: Feb-08-1996
Reported in: 1997ACJ512; ILR1996KAR2157
S. Venkataraman, J.1. This appeal is filed by the insurer of the tractor bearing No. MYK 6450 who was third respondent before the Tribunal challenging the finding of the Tribunal that the insurer is liable to pay the compensation awarded to the claimant, who is the first respondent, for the injuries sustained by him in an accident which took place on 30.8.1987 at 10.30 p.m. on Cunnigham Road, Bangalore.2. The Tribunal has held that the first respondent sustained injuries in the accident on account of the rash and negligent driving of the tractor and trailer bearing Nos. MYK 6450 and MYK 5298, respectively, by its driver. It is not disputed that the appellant has issued a policy in respect of the tractor bearing No. MYK 6450 and the trailer bearing No. MYK 5298 had not been insured. The appellant had taken up a plea that as only the tractor had been insured with them and that the accident was caused by the tractor-trailer they are not liable to indemnify the owner of the tractor-trailer...
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