Karnataka Court September 1998 Judgments
The Oriental Insurance Company Vs. Mohammed Sab Ali Sab Kaladagi and o ...
Court: Karnataka
Decided on: Sep-23-1998
Reported in: 2000ACJ1223; ILR1999KAR2100
B.K. Sangalad, J. 1. The Insurance Company has challenged the liability to satisfy the compensation of Rs. 83.500/- awarded in MVC No. 761 of 1992 for the death of Basheer Ahamed, son of respondents 1 and 2 and husband of Respondent No. 3 and father of Respondents 4 to 7. On the date of accident, i.e., on 13.10.92 at about 8.20 am. the deceased was going on his Luna Moped bearing No. CNQ 43 towards Shahapet. When he was so going near KSFC office from the opposite side, one lorry bearing No. MYZ 7844 was coming in high speed driven rashly and negligently and the said lorry dashed against the deceased Basheer Ahamed resulting in his death on the spot. The respondents who are the L.Rs of the deceased, filed the MVC petition before the Tribunal and the Tribunal has awarded the above stated compensation holding that the Appellant is liable to satisfy the award. Being aggrieved by this, the present appeal arises.2. The main contention of the Appellant according to Mr. S.P. Shankar is that on...
Tag this Judgment!Smt. Sathyalakshmi Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Sep-22-1998
Reported in: 1999(1)KarLJ672
ORDER1. This writ petition under Article 226 of the Constitution of India is by the landlady and appellant before respondent 2-Deputy Commissioner, Hassan District, Hassan for quashing the orders of respondent 3-Assistant Commissioner and House Rent Accommodation Controller, Hassan dated 24-10-1991 in HRC/46/89-90 and of respondent 2-Deputy Commissioner dated 21-5-1996 in HRA/20/91-92, Annexure-B is the order of respondent 3 and that is confirmed in appeal by respondent 2- Deputy Commissioner, Annexure-C is the order of respondent 2.2. Heard the learned Counsel Sri Sekhar Shetty for the petitioner, Sri Seshachala for respondent 4 and the High Court Government Pleader for respondents 1 to 3. Records of the original proceedings and also of the appeal were made available for perusal by the Government Pleader.3. Briefly stated, the facts leading to the presentation of this writ petition may be stated thus:Undisputably, petitioner is the owner of certain shop premises situated at Salagame R...
Tag this Judgment!The Cantonment Board by Its Executive Officer, Camp Belgaum Vs. Smt. J ...
Court: Karnataka
Decided on: Sep-22-1998
Reported in: 1999(2)KarLJ569
ORDER1. The Cantonment Board by its Executive Officer is the appellant in this second appeal. The suit is for injunction restraining the defendant not to execute the order of demolition as stated in the notice dated 30-12-1986. The suit was dismissed by the Trial Court, but came to be decreed by the Appellate Court and hence the second appeal.2. The case of the plaintiff is as follows:The plaintiff Smt. Jeenat begum Habibur Rahiman Shaikh filed the suit against the defendant restraining from executing the order of demolition of suit House No. 7, High Street, Belgaum, as per the notice dated 30-12-1986. It is the case of the plaintiff that the suit house stands in her name as a registered owner in the assessment register. The plaintiff is paying house tax, sanitary tax etc.,3. The defendant started alleging that the plaintiff unauthorisedly constructed the building without valid sanction of the Cantonment Board and directed to demolish the unauthorised construction and to stop further c...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Peeramma and ors.
Court: Karnataka
Decided on: Sep-22-1998
Reported in: 1999ACJ1590
Mohamed Anwar, J.1. Heard.2. These two appeals are filed by the insurer of the offending tractor-cum-two trailers bearing the registration Nos. MEI 7855, MEI 7856 and MEI 7899 challenging the common judgment and separate awards dated 6.9.1989 of Motor Accidents Claims Tribunal at Bijapur passed in MVC Nos. 443 and 437 of 1986 respectively, awarding compensation to the claimants/ dependants of the respective deceased victims of the motor accident, on the ground that the Tribunal erred in fixing liability on the appellant to pay the compensation to the respective claimants.3. It is not in dispute and the same stands satisfactorily proved from the evidence on record, as has been rightly held by the Tribunal, that the two deceased persons, namely, Khadri Saab and Mohammad Saab, together with Ramzan Saab, PW 3, were travelling in the said unit of vehicles comprising the tractor and two trailers, transporting their bundle of carpets when the vehicles met with accident on 15.5.1986 within the...
Tag this Judgment!H.T. Somashekar Reddy Vs. Government of Karnataka and Another
Court: Karnataka
Decided on: Sep-21-1998
Reported in: 2000(1)KarLJ224
ORDER1. Petitioner who is a retired Chief Engineer, has filed this petition as public interest litigation challenging the validity of agreement dated 3-4-1997, Annexure-A entered into between the Government of Karnataka and Nandi Infrastructure Corridor Enterprises Limited, arrayed as respondents 1 and 2 (for short, 'respondents 1 and 2 respectively'). The agreement has been executed by the Secretary, Public Works Department as an authorised officer of respondent 1 under Article 299(1) of the Constitution of India, for and on behalf of Governor of Karnataka. By this agreement the second respondent is authorised to construct and provide Infrastructure Corridor Project between Bangalore and Mysore ('the Project', for short), consisting of residential, industrial plants, water treatment and other infrastructure developments as set out in the 4th para of the preamble in the said agreement. According to the petitioner the agreement entered into between respondents 1 and 2 is detrimental to ...
Tag this Judgment!Union of India and Another Vs. M/S. N.R.i. Film Production Associates ...
Court: Karnataka
Decided on: Sep-21-1998
Reported in: 1999(6)KarLJ590
S.R. Venkatesha Murthy, J. Writ Appeal No. 1815 of 1998 filed by Union of India and another (respondents 1 and 2) and W.A. No. 1445 of 1998 filed by the third respondent in Writ Petition No. 2055 of 1997 are consolidated for purpose of disposal by a common order. 2. The parties are referred to according to their array before the learned Single Judge. 3. The writ petitioner NRI Film Production Associates Private Limited submitted a proposal to the Director General, Doordarshan for telecasting a serial 'Jesus Christ' under the name of 'Son of Man' on 12th September, 1994 along with two other television serials entitled 'Twilight Adventure' and 'A Day in Paradise'. The feature of the proposal was that the writ petitioner would produce the serials using state-of-the-art equipment with collaborations of a film production unit of U.S.A. The writ petitioner also claims to have offered the episodes with synopsis etc. However, the proposal did not materialise as there was correspondence between...
Tag this Judgment!Dr. Parappa Shankarappa Mundinamani and Others Vs. the Secretary to Go ...
Court: Karnataka
Decided on: Sep-18-1998
Reported in: ILR1999KAR282; 1999(1)KarLJ397
ORDER1. There are twenty seven petitioners in the present batch of writ petitions. They are in the teaching cadres of respondent-Karnataka University ('the University', for short). Petitioners 11, 12, 13, 24, 26 and 27 have already retired on superannuation. They have approached this Court for directing the respondent-University to give them consequential benefits pursuant to grant of time bound promotions under order dated 19-7-1994 (Annexure-L).2. Four teachers of the respondent-University namely, Sri S.K. Daniel, Sri F.V. Yavagal, Dr. S.G. Kadarmandalagi and Dr. S.R. Narappanavar had filed Writ Petition No. 8505 of 1994 for directing the University and the State Government to consider their cases for grant of time bound promotions with consequential benefits which according to them was arbitrarily denied. The learned Single Judge allowed the said writ petition by its order dated 21-4-1994 in the following terms:'From the facts narrated and arguments advanced it is clear that authori...
Tag this Judgment!Smt. S. Vimala and Others Vs. Chikkahanumanthaiah BIn Laxmanappa and A ...
Court: Karnataka
Decided on: Sep-18-1998
Reported in: I(1999)ACC568; 2000ACJ42; ILR1999KAR157; 1999(1)KarLJ382
1. The appellants are aggrieved by the order dated 27-9-1995 in M.V.C. No. 3086 of 1992 on the file of the Motor Accidents Claims Tribunal X, Bangalore rejecting their petition filed under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short). 2. The appellants are the widow and children of the deceased G. Narasimha Murthy, who died on 3-6-1992 due to the injuries he suffered in a scooter accident. According to the appellants the deceased G. Narasimha Murthy was driving the scooter on 2-6-1992 at about 12-20 noon through M.E.S. Road and at that time a monkey suddenly crossed the road and in order to avoid hitting the monkey, he applied sudden brake and losing control of the vehicle he fell down and sustained serious injuries resulting in his death on the next day at NIMHANS, Bangalore. That the deceased drove the scooter on the instructions of its owner, the I respondent, who entrusted him with some work. That the scooter was insured with the II r...
Tag this Judgment!Narendra Kumar Rampuri Vs. Dr. Vanamala Vishwanath and Others
Court: Karnataka
Decided on: Sep-18-1998
Reported in: 1999(2)KarLJ82
ORDER1. The 2nd respondent Bangalore Development Authority issued a notification as per Annexure-B dated 19-12-1986 offering sites for allotment in 20 layouts formed by it. One of the layouts among them is Sarakki Layout. In response to the said notification the petitioner applied for a site measuring 60' x 90' in Sarakki Layout as per Annexure-C dated 20-1-1987. He claimed allotment of site in the reserved category since he belongs to Scheduled Caste. The Bangalore Development Authority published the list of allottees on 5-7-1987. In the said list the name of the petitioner was not included in respect of site measuring 60' x 90' but his name was shown against site measuring 50' x 80'. However, the site numbers and the layouts were not mentioned. Subsequently, the Bangalore Development Authority announced the site numbers and layouts in which the sites were allotted. It is stated that the application of the petitioner for allotment of site measuring 60' x 90' was overlooked on the grou...
Tag this Judgment!Erappa Vs. Channabasappa
Court: Karnataka
Decided on: Sep-18-1998
Reported in: 1999CriLJ2421; ILR1999KAR76; 1999(6)KarLJ278
Chidananda Ullal, J.1. The complainant in the above contempt petition was the defendant 1 in O.S. No. 134 of 1985 on the file of the Munsiff, Tarikere, whereas the respondent was the plaintiff 1, being the President of the Trust by name Sri Junjappa Devaru Temple Trust, Bhaktanakatte, Shivani Hobli, Tarikere Taluk along with two other plaintiffs by name, Basappa, son of Siddappa and Naragappa, son of Kengappa. The complainant at the first instance had filed the above contempt petition as a civil contempt petition under Article 215 of the Constitution of India read with Sections 10 and 11 of the Contempt of Courts Act, 1971 (henceforth in brief referred to as 'Act'). That subsequently, the said contempt petition came to be converted as a criminal contempt petition. The complaint of the complainant is two folds; firstly that the respondent having suppressed the material facts in W.P. No. 17474 of 1987 resulted in wrong order or judgment in the said writ petition and further that, based u...
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