Karnataka Court April 2002 Judgments
Neelavva Vs. the Divisional Controller, K.S.R.T.C. and anr.
Court: Karnataka
Decided on: Apr-19-2002
Reported in: AIR2002Kant347; 2002(5)KarLJ67
D.V. Shylendra Kumar, J. 1. The plaintiff in O.S. No. 29 of 1993 before the Family Court, Bijapur is the appellant in this appeal, being aggrieved by the dismissal of the suit praying for setting aside the judgment and decree of the Family Court and to decree the suit in her favour.2. For the sake of convenience, the parties in this appeal will be referred to their respective ranks in the suit. The suit which had been originally filed before the Principal Munsiff, Bijapur and had been numbered as O.S. No. 495 of 1991 and which was transferred later on the establishment of Family Court, Bijapur and renumbered as O.S. No. 29 of 1993 before the Family Court, was for a declaration that the plaintiff along with her minor daughters, are entitled to receive all the benefits that are payable on the death of her husband Somanath Tarapur of Savalgi Village who had been employed by the first defendant-K.S.R.T.C. and was working at Jamkhandi depot and for a consequential permanent injunction to re...
Tag this Judgment!The Special Land Acquisition Officer Vs. Basappa
Court: Karnataka
Decided on: Apr-19-2002
Reported in: ILR2002KAR3638; 2002(5)KarLJ211
Tirath S. Thakur, J.1. These two appeals arise out of a common judgment and order dated 7th of November. 2000 passed by the Additional Civil Judge, Senior Division, Jamkhandi in L.A.C. Nos. 3347 and 3348 of 1999, whereby compensation payable to the respondent-landowners has been enhanced from Rs. 15,000/- per acre to Rs. 1,10,000/- per acre and the entire extent of land acquired held to be wetland.2. Land measuring 2 acres and 25 guntas in Sy. No. 12/3 and 2 acres and 13 guntas in Sy. No. 12/2 of Koppa S.R. Village in Bilagi Taluk was notified for acquisition under the Land Acquisition Act for submersion in the backwaters of Almatti Reservoir. The Land Acquisition Officer in due course made an award, whereby he determined a sum of Rs. 10,000/-per acre for dry land and Ks. 15,000/- per acre in respect of irrigated land measuring 1 acre and 12 guntas in Sy. No. 12/3. Dissatisfied with the award, the owners sought a reference to the Civil Court, who has, as stated earlier, raised the comp...
Tag this Judgment!Mysore Sales International Ltd. Vs. United Breweries Ltd.
Court: Karnataka
Decided on: Apr-19-2002
Reported in: [2002]112CompCas391(Kar)
H.L. Dattu, J.1. The petitioner-company is common in all these company petitions. The respondent companies are either distilleries or breweries or wineries, having their registered office within the jurisdiction of this court. The facts are more or less similar and the legal issues raised are common. Therefore, all these company petitions are clubbed together, heard and disposed of by this common judgment.2. For narration of facts and the contentions canvassed, in my judgment, I will be making reference to the pleadings in C. P. No. 32 of 1999.3. The petitioner is a company incorporated under the provisions of the Companies Act, 1956, its registered office is situate at MSIL House, No. 36, Cuningham Road, Bangalore. The object of the company is as stated in the memorandum of association. Apart from others, to carry on all kinds of agency business and in particular to act as the manufacturer's representatives, selling agents, distributors, storekeepers, stockists, business agents, organ...
Tag this Judgment!Deva Prasad Reddy Vs. Kamini Reddy and anr.
Court: Karnataka
Decided on: Apr-19-2002
Reported in: AIR2002Kant356; II(2002)DMC482
1. This is a defendant's appeal arising out of a suit for declaration and consequential relief. The Court Below has while decreeing the suit held that the plaintiff-respondent No. 1 in this appeal is the legally wedded wife of the defendant-appellant and their daughter Ms. Mrinalini Reddy their only legal heir. The Court has also declared the marriage between the appellant and defendant-respondent No. 2 to be a nullity and restrained the said respondent from claiming herself to be the wife of the appellant.2. The appellant and plaintiff-respondent No. 1 are Christians by faith. They were married on 21st of January 1992 at Madras as per Roman Catholic rites. After the marriage they lived for sometime in Koramangala from where they later shifted to a house in Coxtown, Bangalore. In May 1992, the plaintiff-wife is alleged to have discovered an extra marital affair between her husband and respondent No. 2 Smt. Nagina. The plaintiffs case is that when confronted the appellant could not expl...
Tag this Judgment!M.V. Ganesh Prasad Vs. M.L. Vasudevamurthy and ors.
Court: Karnataka
Decided on: Apr-19-2002
Reported in: AIR2003Kant39
ORDERD.V. Shylendra Kumar, J.1. These Civil Revision Petitions are directed against a common order dated 30-6-2001 passed by the Principal District & Sessions Judge, Chikmagalur in Civil Miscellaneous Case Nos. 13, 19, 20, 21 and 22 of 2000 on his file. The order impugned came to be passed in common on petitions filed under Section 24 of the Code of Civil Procedure in the civil Miscellaneous cases referred to above seeking for transfer of the original suits O. S. 12/1992 in C. Misc. No. 13/2000, O.S. 198/1997 in C. Misc. No. 19/2000, 0. S. 76/1999 in C. Misc. No. 20/2000, O. S. 176/1997 in C. Misc. No. 21/2000 and O. S. 158/1998 in C. Misc. No. 22/2000 pending on the file of the Civil Judge (Senior Division) Chickmagalur either to the Court of District & Sessions Judge, Chickmagalur or to any other competent Court and by the impugned common order the learned District Judge has dismissed all the Civil Miscellaneous cases rejecting the prayer for transfer. It is against this order the ab...
Tag this Judgment!Jitendra Mannulal Dubey Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Apr-19-2002
Reported in: ILR2002KAR3216; 2003(3)KarLJ122
ORDERA.V. Srinivasa Reddy, J.1. The petitioner has filed the present petition for quashing the notice dated 11-4-2002 issued by the second respondent as per Annexure-C insofar as it relates to the election of Adyaksha of third respondent-Zilla Parishat.2. The petitioner is an elected representative from Narayanapura Constituency to the Zilla Panchayat, Bidar. The second respondent issued notice on 11-4-2002 fixing the election to Adhyaksha and Upadhyaksha of Bidar Zilla Panchayat on 18-4-2002. The petitioner claims that the notice is contrary to Rule 3 of the Karnataka Panchayat Raj (Election of Adhyaksha and Upadhyaksha of Zilla Panchayat) Rules, 1994 ('the rules', for short), which proscribes 7 days clear notice of the meeting prior to the date of election. On this ground the petitioner prays for quashing of the said notice.3. I have heard the learned Counsels on both sides.4. The grant or otherwise of the main prayer sought for in the petition mainly depends upon the interpretation ...
Tag this Judgment!Umamaheshwar Mahabaleshwar Hegde Vs. Sharada
Court: Karnataka
Decided on: Apr-19-2002
Reported in: II(2003)DMC56
ORDER1. In this appeal filed by the husband against the judgment and decree of Civil Judge (Senior Division), Sirsi, the respondent-wife has filed an application for payment of interim maintenance for herself and her minor son. Litigation expenses of Rs. 15,000/- have also been claimed.2. The petition filed by the husband for divorce on the ground of cruelty and desertion has been dismissed by the Court below. During the pendency of the proceedings before the said Court, an amount of Rs. 3,500/- per month had been awarded towards maintenance to the respondent-wife and her minor son. With the filing of the present appeal, the respondent-wife filed an application for payment of maintenance during the pendency of the proceedings in this Court at the rate originally ordered by the Court below. That application has not been heard and disposed of finally although orders regarding payment of the arrears calculated at the rate awarded by the Family Court were passed from time to time. l.A.-II ...
Tag this Judgment!Dr. S. Jayaram Shetty Vs. the National Insurance Company Limited
Court: Karnataka
Decided on: Apr-19-2002
Reported in: 2002ACJ2054; ILR2002KAR3117; 2003(4)KarLJ484
Tirath S. Thakur, J.1. This appeal arises out of an order made by the Additional Motor Accidents Claims Tribunal, Bhadravathi in M.V.C. No. 202 of 1996 whereby the Tribunal has rejected the claim petition filed by the appellant seeking compensation for the injuries sustained by him. The Tribunal has taken the view that since the appellant was himself the owner of the vehicle involved in the accident, he was not entitled to claim any compensation as the accident had occurred because of the rash and negligent driving of his own driver. The appellant assails the correctness of that view and argues that even when he himself is the owner of the vehicle involved in the accident and even when the accident in question had occurred on account of the rash and negligent driving of his own driver, he was entitled to maintain a claim as a third party. The controversy arises in the following circumstances.2. A private car bearing Registration No. KA-14/M 749 owned by the appellant was on 7th of July...
Tag this Judgment!M.K. Girish Vs. Commissioner of Commercial Taxes in Karnataka and ors.
Court: Karnataka
Decided on: Apr-19-2002
Reported in: [2003]132STC142(Kar)
ORDERP. Vishwanatha Shetty, J.1. Though this petition is posted for preliminary hearing in 'B' group, with the consent of the learned counsel appearing for the parties, this petition is taken up for final hearing and disposed of, by this order.2. In this petition, the petitioner has sought for a direction to the third respondent to furnish the copy of the order dated to have been passed by the respondent under Sub-section (4) of Section 28A of the Karnataka Sales Tax Act, 1957 (hereinafter referred to as 'the Act').3. It is the case of the petitioner that while he was transporting eleven bags of cardamom on the strength of relevant documents such as delivery note in form 39 in No. 049057 and sale bill bearing No. 724, on October 24, 2001 the third respondent stopped the vehicle of the petitioner at check-post and demanded production of relevant documents ; and though the petitioner produced relevant documents for verification by the third respondent, the third respondent without any ju...
Tag this Judgment!Dr. A. Ebenezer Vs. Smt. M. Mary
Court: Karnataka
Decided on: Apr-18-2002
Reported in: ILR2002KAR2606; 2002(5)KarLJ86
ORDERMohamed Anwar, J.1. Petitioner-Dr. A. Ebenezer, Principal, Bishop Cotton Boys' School, Bangalore, is the accused and respondent-Smt. M. Mary is the complainant in P.C.R. No. 450 of 1997 on the file of the learned Magistrate. '2. This petition under Section 482 of the Cr. P.C. by the petitioner is filed praying:'. . . . that this Hon'ble Court be pleased to call for records in P.C.R. No. 450 of 1997, which is pending on the file of the learned 8th Additional Chief Metropolitan Magistrate and further be pleased to reverse and set aside the order dated 15-2-2001, passed in the case, ordering the registration of a case against the petitioner, for an offence, punishable under Sections 448, 313 and 506 of the Indian Penal Code and further directing issuance of process against the petitioner, for his appearance before the Court and further be pleased to quash the entire proceedings, in the said case, in the ends of justice'.The impugned order dated 15-2-2000 of the learned Magistrate is ...
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