Karnataka Court October 2003 Judgments
A. Anandan Vs. Abdul Azeez and anr.
Court: Karnataka
Decided on: Oct-17-2003
Reported in: 2004ACJ1091; 2003(6)KarLJ134
S.R. Nayak, J.1. In a bodily injury case arising out of a motor vehicle accident, the injured being aggrieved by the judgment and award dated 8-11-2000 passed in MVC No. 2834 of 1996 on the file of the Motor Accident Claims Tribunal and Additional Judge, Court of Small Causes, Bangalore City (SCH-5), for short, 'the MACT, has preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988, for short 'the Act'.2. The facts of the case in brief are as follows:In an accident involving a motor-cycle bearing Reg. No. MEM-3769 owned by the 1st respondent and insured by the 2nd respondent-Insurance Company, the appellant sustained certain injuries. He was in-patient in the Victoria Hospital between 19-8-1996 to 23-8-1996 (both days inclusive) and even after discharge from the hospital, he had to undergo medical treatment for a period of three months. In the accident the claimant sustained bimalleolar fracture of the right ankle joint and when he was in-patient in the Victoria Hospi...
Tag this Judgment!Smt. T.S. Rukmani and anr. Vs. M.B. Aiyappa and ors.
Court: Karnataka
Decided on: Oct-17-2003
Reported in: 2004ACJ909; 2003(6)KarLJ370
H.G. Ramesh, J.1. This appeal is by the claimants seeking for enhancement of compensation. 2. It is relevant to notice the brief facts leading to the filing of this appeal. While the deceased viz., T.K. Shivaram was walking by the side of the road on 24-7-1997 near the private bus station at Veerarajpet town, the bus bearing Registration No. KA-12-2159 came from behind and dashed against him resulting in serious injuries. He succumbed to the injuries in the hospital on 20-8-1997. In due course, the widow and son of the deceased filed a claim petition for compensation in M.V.C. No. 123 of 1997 and the brother of the deceased also filed a claim in MVC No. 136 of 1997. 3. The Tribunal, after holding inquiry, by a common judgment in respect of the aforesaid two claims held that the deceased died due to the accident and the said accident was due to rash and negligent driving of the bus and accordingly by the impugned judgment awarded a compensation of Rs. 35,000/- with interest at 6% per an...
Tag this Judgment!Kumari Jayashree and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Oct-17-2003
Reported in: 2004(1)KarLJ452
ORDERN.K. Patil, J.1. These petitioners questioning the correctness of the impugned order dated 17-7-2003 bearing G.O. No. ED. 254 SHH 2002 on the file of respondent 1 vide Annexure-C and notification dated 24-7-2003 bearing No. PUC/Sibbandi/Category-2/2003-2004, on the file of respondent 2 vide Annexure-D insofar as respondent 3-college is concerned, have presented this writ petition.2. The grievance made out by the learned Counsel in the instant petition is that, these petitioners are the residents of Chikkajogihalli, Kudligi Taluk, Bellary District, who are students studying in I and II year Pre-University course in respondent 3-college and the said college is running since from several years. Also submitted that it is shocking to know that the Government by its order dated 17-7-2003 shifted the Pre-University from Chikkajogihalli to Sringeri, Chikmagalur District. Immediately thereafter, they gave several representations to withdraw the notification. The same is not considered. In ...
Tag this Judgment!Smt. Sharanamma Vs. Assistant Commissioner and Land Acquisition Office ...
Court: Karnataka
Decided on: Oct-17-2003
Reported in: 2004(1)KarLJ543
1 The owner of the acquired land not being satisfied with the compensation awarded by the Civil Court has filed this appeal calling in question the legality and validity of the judgment and award dated 24th March, 2001 passed in LAC No. 551 of 1994 on the file of the Court of the Additional Civil Judge (Senior Division) at Gulbarga (for short, 'the Civil Court'). By the impugned award the Civil Court has awarded compensation at the rate of Rs. 61,000/- per acre for 3 acres 10 guntas of converted land and at the rate of Rs. 43,000/- per acre with regard to 1 acre 20 guntas of agricultural land.2. The facts of the ease in brief are as follows:The State acting through the respondent-Land Acquisition Officer (for short, 'the LAO'), and in exercise of eminent domain power acquired 1 acre 20 guntas of land comprised in Survey No. 12/1/1B and 3 acres 10 guntas of converted land in Survey No. 127272B both situate in Chandapur Village in Chincholi Taluk, Gulbarga District (for short, 'the sched...
Tag this Judgment!Smt. Akkamma and anr. Vs. Narayana T. AmIn and ors.
Court: Karnataka
Decided on: Oct-16-2003
Reported in: ILR2004KAR634
ORDERA. V. Srinivasa Reddy, J. 1. These revision petitions are filed under Section 115 of Code of Civil Procedure by respondents 1 and 2 in F.D.P. No. 2/97 pending on the file of the Civil Judge, Udupi, aggrieved by certain orders. All the three C.R.Ps are inter-related. Therefore, they are taken up together for consideration. The petitioners are aggrieved by three orders dated 31.8.2000, 10.1.2001 and 15.1.2001 respectively, passed by the Trial Court in F.D.P. No. 2/1997.2. The respondents in these revision petitions have filed the suit O.S. No. 29/1995 for partition against the petitioners herein, on the file of the Civil Judge, Udupi, D.K. District. A preliminary decree came to be passed in the suit on 30.9.1996. Thereafter, the plaintiffs filed F.D.P.No. 2/97 before the said Court. During the pendency of the said F.D.P. the Trial Court by order dated 28.5.1997 passed the following order:'Heard.Office to send the record to D.C. to effect partition of agricultural land as per the ter...
Tag this Judgment!A.M. Mallegowda Vs. Kariyappa Gowda
Court: Karnataka
Decided on: Oct-16-2003
Reported in: 2004(2)KarLJ137
ORDERR. Gururajan, J.1. The petitioner is a tenant in this case. The petitioner filed an eviction petition in H.R.C. No. 170 of 1993 on the file of the Junior Division, Mysore, against the petitioner and sought for eviction of the petition under Section 21(1)(h) and (p) of the Act. Objections were filed by the petitioner denying relationship. The Trial Judge ordered eviction in terms of an order dated 27-1-1999. Aggrieved by the same, the petitioner filed a revision petition on the file of the II Additional District Judge, Mysore. During the pendency of the said revision proceedings, the new Karnataka Rent Act of 1999 was brought into force on 4-12-2001. In the light of this new Act, I.A. No. II was filed by the petitioner to stop the proceedings. The said application stood rejected. The petitioner aggrieved by I.A. No. III is before me.2. Heard the Counsels for the parties and perused the impugned order.3. Admitted facts reveal of an adverse order against the tenant. Revision proceedi...
Tag this Judgment!State of Karnataka Vs. Basappa Avvannappa Chigari
Court: Karnataka
Decided on: Oct-16-2003
Reported in: 2004(1)KarLJ349
1. We have heard the learned Government Pleader and we have reviewed the record of this case thoroughly. The allegation against the accused is that on the morning of 28-9-1996 at about 6 a.m. he is alleged to have assaulted the deceased Hiragappa with a sickle and caused fatal injuries to him. According to the prosecution, the deceased was a labourer and he and the accused used to often work in the fields together. The wife of the accused by the name of Renawwa was also one of the workers and she had brought to the notice of P. W. 7-Thippanna for whom all these persons used to work, that the deceased had misbehaved with her. Thippanna is turn had warned the deceased not to indulge in such activities. The prosecution case is that because of the misconduct on the part of the deceased that the accused had assaulted him obviously in order to settle scores. The learned Trial Judge faced an obvious handicap at the time of the trial because P.W. 1-Durgawwa was the only witness who has not tur...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Smt. Nagarathna and ors.
Court: Karnataka
Decided on: Oct-15-2003
Reported in: I(2004)ACC536; ILR2003KAR4825
Ramesh, J. 1. This appeal Under Section 30 of the Workmen's Compensation Act, 1923 is by the United India Insurance Co. Ltd., and is directed against the judgment dated 28-01-2002 in case No. 31/2000 on the file of the Commissioner for Workmen's Compensation, Bangalore Sub-Division-1, Bangalore in so far as it directs the appellant/insurer to pay interest on the compensation amount awarded.2. The Commissioner for Workmen's Compensation, by the impugned judgment has awarded a compensation of Rs. 1,97,060.00 to the dependants of the deceased-Suresh Kumar who died in an accident on 02-05-2000 while he was working on a construction site. The Commissioner has also awarded interest @ 12% p.a. on the aforesaid compensation amount from 02-06-2000 i.e. after expiry of one month from the date of accident till the date of deposit. The Commissioner has made both the employer and the appellant/Insurance Company jointly and severally liable for the compensation and interest amount. As stated above, ...
Tag this Judgment!United India Insurance Company Limited Vs. Smt. Nagarathna and ors.
Court: Karnataka
Decided on: Oct-15-2003
Reported in: 2004ACJ478; 2004(1)KarLJ158
H.G. Ramesh, J. 1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 is by the United India Insurance Company Limited, and is directed against the judgment dated 28-1-2002 in Case No. 31 of 2000 on, the file of the Commissioner for Workmen's Compensation, Bangalore Sub-Division-1, Bangalore, insofar as it directs the appellant-in surer to pay interest on the compensation amount awarded.2. The Commissioner for Workmen's Compensation, by the impugned judgment has awarded a compensation of Rs. 1,97,060.00 to the dependants of the deceased Suresh Kumar who died in an accident on 2-5-2000 while he was working on a construction site. The Commissioner has also awarded interest at the rate of 12% p.a. on the aforesaid compensation amount from 2-6-2000 i.e., after expiry of one month from the date of the accident till the date of deposit. The Commissioner has made both the employer and the appellant-Insurance Company jointly and severally liable for the compensation and inter...
Tag this Judgment!Mother Care (India) Ltd. Vs. Prof. Ramaswamy P. Aiyar
Court: Karnataka
Decided on: Oct-15-2003
Reported in: ILR2004KAR1081; [2004]51SCL243(Kar)
N. Kumar, J.1. Company Application No. 1003/2000 is filed under Section 454(5) & (5A) of the Companies Act, 1956, for not complying with the provisions of Section 454 of the Companies Act against three Directors of the Company under liquidation.2. Company Application No. 1263/2000 is filed under Section 538(1)(e) of the Companies Act, 1956 for a direction to the aforesaid three Directors of the Company to hand over all the books and records of the Company in liquidation and on their failure to do so to take action.3. Company Application No. 1264/2000 is filed under Section 538(1)(A) of the Companies Act for a direction to respondents 1 to 3, the Directors, to hand over movable and immovable property of the company in liquidation and on their failure to do so to take appropriate action.4. Professor Ramaswamy P. Aiyar who is the third respondent in the aforesaid three applications has made these applications, i.e. CAs 610, 611 and 612 of 2001, to delete his name in the aforesaid three ap...
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