Karnataka Court March 2000 Judgments
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New India Assurance Company Limited Vs. Rachaiah Basaiah Ganachari and ...
Court: Karnataka
Decided on: Mar-24-2000
Reported in: II(2001)ACC377
B.K. Sangalad, J.1. This appeal is directed against the order dated 28.3.1994 passed in WCA. SR No. 182 of 1992 on the file of the Workmen's Compensation Commissioner, Bijapur.2. On behalf of his minor son Basaiah, the respondent 1-Rachiah Basaiah Ganachari filed the application for the compensation on 11.1.1991 stating that his son Basaiah was working in the harvesting machine under respondent 2. On 24.9.1988, while his son was working in the machine his right hand was stuck in the machine. As such, he was treated and ultimately it had to be amputated at shoulder joint. It is also stated that the injured boy was earning Rs. 900/- per month.3. For the claimants boy himself is examined and Exs. Al to A4 are marked. Dr. S.V. Shirol, Orthopaedic Surgeon/Government Hospital, Bijapur is also examined. Ex. A5 is the case paper produced by the doctor. After hearing the arguments, the compensation of Rs. 81,496/- is awarded.4. The appellant herein being aggrieved by this award has preferred th...
Dr. Usha Mohan Das Vs. the Divisional Commissioner, Bangalore Division ...
Court: Karnataka
Decided on: Mar-23-2000
Reported in: 2001(3)KarLJ463
ORDER1. The petitioner aggrieved by the orders passed by the first and second respondents has filed this writ petition seeking for issuance of a writ of certiorari to quash the impugned orders vide Annexure-E, dated 21-7-1995 and the order dated 20-5-1995 respectively. Further, the petitioner has sought for a direction to the respondents to return the sale deed dated 3-1-1994 after its registration under the provisions of the Indian Registration Act, 1908, by holding that the stamp duty paid on the instrument is sufficient as the same is in conformity with the provisions of the Karnataka Stamp Act, 1957 and Karnataka Registration Rules, 1965, urging various facts and legal contentions.2. The various facts and legal contentions urged in this writ petition by the petitioner need not be adverted to in this order for the reason that reference of conveyance deed made by the third respondent to the second respondent in exercise of Section 33 of the Karnataka Stamp Act, 1957 without authority...
Smt. Puttathayamma and Others Vs. the Regional Director, Employees' St ...
Court: Karnataka
Decided on: Mar-23-2000
Reported in: [2000(86)FLR101]; ILR2000KAR1481; 2000(3)KarLJ546
1. An employee died on 3-11-1981, according to the appellant due to an employment injury. Admittedly, he is covered by the benefits of the provisions of the Employees' State Insurance Act, 1948 hereinafter referred to as the E.S.I. Act. Invoking Section 52 thereof the appellants claimed the benefit due to them. This application no doubt was made on 10-1-1994 with an application to condone the delay in doing so belatedly. It was the turn of the E.S.I. Corporation to contend that the claim is belated. The E.S.I. Court accepted the defence and therefore rejected the same as belated. The appellant moved the High Court by filing M.F.A. No. 2735 of 1994 and this Court condoned the delay and directed the Court to re-entertain the claim and pass appropriate orders on merits of the case. The E.S.I. Court has now held that the death of the worker was not due to any 'employment injury' and as such the legal heirs are not entitled to any benefit.2. The alleged employment injury which is the cause ...
Baraka Overseas Traders Vs. Commissioner of Commercial Taxes and anr.
Court: Karnataka
Decided on: Mar-23-2000
Reported in: ILR2001KAR2157; [2001]121STC277(Kar)
R.V. Raveendran, J. 1. Sri G.K. Bhat, learned Government Pleader, is directed to take notice for respondents.2. The appellant is an exporter of marine products. It is a registered dealer under the Karnataka Sales Tax Act, 1957 ('the KST Act', for short) and the Central Sales Tax Act, 1956 ('the CST Act', for short) and a registered exporter under the laws governing exports/imports.3. During the course of its business, the appellant entered into agreements with several recognised export houses. Each of these agreements provided that the appellant should export marine products on behalf of the export houses. The procedure agreed with the export houses is as follows :(a) Export orders had to be secured by the appellant. The export house may also secure orders. Orders for shipment will however be arranged in the name of export house and letters of credit will be in favour of the export house. The bills of lading will be in the joint names of the appellant and the export house ;(b) All expe...
Indian Bank, Sardar Patel Road, Mysore Vs. Mrs. M. Ambika and Others
Court: Karnataka
Decided on: Mar-22-2000
Reported in: 2001(1)KarLJ478
1. This is a plaintiff's appeal from the judgment and decree dated 15-2-1997 passed by the II Additional Civil Judge, Mysore, in O.S. No. 155 of 1992, whereby the Trial Court has decreed the plaintiffs claim against defendants 1 and 2 for a sum of Rs. 2,15,060.45 being the amount due in respect of two loans borrowed by the first defendant on 12-5-1989 along with interest at the rate of 17.05% p.a. from the date of suit till realisation. 2. The Trial Court dismissed the plaintiffs claim and the suit against defendant 3 i.e., respondent 3 herein, who was the surety/guarantor. 3. There appears no need to go into the facts of the case in detail as the decree passed in favour of the plaintiff against defendants 1 and 2 has not been challenged. It is intact. The only dispute in this appeal is whether the Trial Court erroneously and illegally dismissed the claim against defendant 3 (respondent 3 herein) who was a guarantor i.e., surety. Therefore, without going into the facts, I have come to ...
U. Suresh Mallya Vs. Okazaki Sekizai Company Limited
Court: Karnataka
Decided on: Mar-22-2000
Reported in: [2001]106CompCas354(Kar); ILR2000KAR2713; 2000(5)KarLJ470
ORDERK. Sreedhar Rao, J. 1. The defendant in O.S. No. 1920 of 1995 pending on the file of XXXI Additional City Civil Judge, Bangalore, being aggrieved by the order passed on I.A. No. IX, has filed this revision under Section 115 of the Code of Civil Procedure. 2. The brief facts relating to the controversy in question which are necessary for adjudicating the revision are referred to hereunder: Okazaki Sekizai Company Limited, a Japan based company, constituted one Mr. T. Kobayashi as their power of attorney and filed the suit against the defendant for recovery of a sum of Rs. 33,00,000/-.3. The evidence in the case is commenced and one Mr. Bhaktavatsalam is examined as P.W. 1 on behalf of the plaintiff-company and has also filed power of attorney while giving evidence. The evidence of the plaintiff is closed. The defendant's evidence is also closed. At that stage, the defendant made an application, I.A. No. VIII, seeking production of Mr. T. Kobayashi for the purpose of cross-examinati...
M. Srinivasa Reddy and Others Vs. the Registrar of Co-operative Societ ...
Court: Karnataka
Decided on: Mar-22-2000
Reported in: ILR2000KAR2841; 2000(5)KarLJ365
ORDER1. Petitioners had been elected to the Committee of the fourth respondent-Society in the elections held on 31-5-1999 for a period of five years. Among them, the first petitioner was, in course of time, elected as President of the Society. On 10-12-1999, a show-cause notice at Annexure-A under Section 30(1) of the Karnataka Co-operative Societies Act, 1959 ('Act' for short) came to be issued with regard to supersession of the said Committee. Reply was given as per Annexure-B. By order dated 28-12-1999 as at Annexure-G, the Committee came to be superseded under Section 30(1) of the Act and an Administrator appointed for a period of six months. Petitioners seek quashing of the said Annexure-G.2. At the outset, Sri D'Sa, learned Government Advocate, urges that the petitioners should not be permitted to take recourse to Article 226 of the Constitution in order to question Annexure-G for the reason that there is an alternative and efficacious remedy provided for by way of an appeal. Sri...
Ansar Pasha and Another Vs. State by Chamarajpet Police
Court: Karnataka
Decided on: Mar-22-2000
Reported in: 2001(1)ALT(Cri)420; 2000CriLJ5066; ILR2001KAR2383; 2000(6)KarLJ54
M.F. Saldanha, J.1. This appeal raises certain interesting and important issues touching the aspects of identification as also with regard to the manner of proof that is required in respect of documents that are tendered in evidence in a criminal proceeding. The two appellants before us, who were the original accused 1 and 2 in S.C. No. 134 of 1993 before the learned Sessions Judge, Bangalore were alleged to have kidnapped a four year old boy by the name of Zeesban, son of P.W. 10-Syed Zakir Hussain, a resident of Azad Nagar at Bangalore. The allegation is to the effect that some time in the morning of 29-1-1993, the accused 1 was seen playing with Zeeshan. It is necessary for us to record that A-1 and A-2 are brothers and they are neighbours of the deceased, staying virtually next door. The prosecution alleges that Zeeshan was found missing on the afternoon of 29-1-1993 and that a detailed search was undertaken to trace him out, which proved futile. A missing complaint was lodged by h...
H.C. Mohan Vs. Smt. Sulochana
Court: Karnataka
Decided on: Mar-22-2000
Reported in: 2001CriLJ1816; I(2001)DMC242; ILR2000KAR2488; 2000(6)KarLJ141
ORDER1. This revision is filed against the order of the Civil Judge (Senior Division), Shimoga, in Exn. No. 256 of 1998.2. The revision petitioner is the judgment-debtor against whom execution proceedings were instituted for recovery of maintenance amount granted to the decree-holder who is his wife, in M.C. No. 12 of 1991 filed for restitution of conjugal rights, inter alia seeking alimony of Rs. 600/-p.m. which was ordered by the Court below. The arrears of alimony of Rs. 23,735/- remains unpaid. Therefore, the execution petition was filed.3. From the order sheet, it discloses that notice was ordered on the judgment-debtor both through Court and by registered post, but the same was not served. Consequently, an arrest warrant came to be issued. In the meantime, the judgment-debtor made appearance and filed objections to the execution petition contending that the decree is in executable as he has 'no means to pay' and that he has no source of income to make payment of the decretal amou...
Smt. Gowramma Vs. P. Krishnappa @ P. Krishna Reddy
Court: Karnataka
Decided on: Mar-22-2000
Reported in: II(2001)DMC252
Ashok Bhan, J.1. Appellant-wife (for short 'the appellant') was married to the respondent on 10th of June, 1973. The marriage did not run smoothly and they started living separately after a few years.2. In the year 1987 appellant filed Civil Miscellaneous No. 751 of 1987 for maintenance against the respondent. Appellant was granted a maintenance at the rate of Rs. 250/- per month. Appellant filed an application seeking enhancement of the amount of compensation which is pending.3. Appellant filed the suit from which this appeal arises seeking a declaration that the appellant has right of residence in the house of the respondent. A direction was sought to the defendant to provide suitable accommodation to her in the schedule property. Trial Court dismissed the suit holding that the amount of maintenance which the appellant is getting from the respondent would include the expenses for residence as well and the appellant is not entitled to the declaration sought for.4. Being aggrieved the ...
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