Karnataka Court June 2003 Judgments
Shridhar M. Kalmady and anr. Vs. H. Baburaya Nayak
Court: Karnataka
Decided on: Jun-26-2003
Reported in: ILR2003KAR2920
ORDERSrinivasa Reddy, J. 1. In this revision under Section 115 C P C the petitioner challenges the order passed by the Court-below dated 9th July, 2002 disposing of the revision petitions as having abated at the revisional level and directing the tenants to hand over vacant possession of the premises to the landlord. 2. Before the Court-below the petitioners-tenants preferred revision petitions against the common orders passed by the Prl. Civil Judge (Jr Dn) Udupi in H R C Nos 7 and 4/90. The tenants in both these petitions are practicing. Advocates and the premises involved in each of these petitions measures less than 14 sq metres and the Karnataka Rent Act 1999 is made applicable to Udupi City. The Court-below disposed of the revision petitions not on their comparative merits of the respective case of the landlord and the tenant but purely on the question of abatement of the revision petition. 3. The learned Counsel on both sides confined their arguments to the question whether the ...
Tag this Judgment!Kashiram and anr. Vs. Karnataka State Road Transport Corporation (Now ...
Court: Karnataka
Decided on: Jun-26-2003
Reported in: (2004)ILLJ948Kant
R.V. Raveendran, J.1. These two appeals arise from the common order, dated July 25, 2001 in W.P. No. 3994/2000 and 12100/2000. As the ranks of parties differ, we will refer to the appellant in W.A. No. 5762/2001 and respondent in W.A. No. 7326/2001 as the 'workman' or the 'driver'; and the respondent in W.A. No. 5762/2001 and appellant in W.A.No. 7326/2001 as 'the Corporation'.2. The Corporation issued a charge memo dated April 2, 1990 alleging that on account of the rash and negligent driving by the workman of bus bearing No. MEF 1788 on the Hyderabad-Gulbarga Road on March 10, 1990, an accident occurred resulting in the death of a pedestrian. The workman filed detailed statement of objections dated April 16, 1990 denying the charge. An enquiry was held by an Independent Enquiry Officer (a retired District Judge). The Traffic Inspector who visited the accident spot long after the accident was examined as M.W. I and M-1 to M-5 were marked. On the basis of the evidence, the Enquiry Offi...
Tag this Judgment!Kumar Ajeet and ors. Vs. Sannabasappa and anr.
Court: Karnataka
Decided on: Jun-25-2003
Reported in: 2004ACJ1953; 2003(6)KarLJ83
Tirath S. Thakur, J. 1. These appeals arise out of an award made by the Motor Accident Claims Tribunal, Hubli, whereby M.V.C. Nos. 72 and 73 of 1995 have been allowed in part and a sum of Rs. 13,27,000/- awarded in M.V.C. No. 72 of 1995 for the death of late Dr. Venkatesh Kanakaraddi and a sum of Rs. 1,36,400/- awarded in the connected M.V.C. No. 73 of 1995 as compensation for the death of late Smt. Rajeshwari W7o. Venkatesh Kanakaraddi, both of whom died in a road accident. While M.F.A. Nos. 4085 and 4086 of 1997 filed by the claimants against the owner of the offending vehicle and the insurance company seek enhancement of the amount of compensation, M.F.A. No. 3740 of 1997 filed by the insurance company with which the vehicle was insured seeks reduction of the amount already awarded. 2. On 5th August, 1991 at around 7.30 a.m., the deceased Venkatesh Kanakaraddi and his wife accompanied by four other persons were travelling on the Poona-Bangalore Road on their way to Mudhol. When the ...
Tag this Judgment!Ajeet and ors. Vs. Sannabasappa and anr.
Court: Karnataka
Decided on: Jun-25-2003
Reported in: I(2005)ACC510
Tirath S. Thakur, J.1. These appeals arise out of an award made by the Motor Accident Claims Tribunal, Hubli, whereby M.V.C. Nos. 72 and 73 of 1995 have been allowed in part and a sum of Rs. 13,27,000/- awarded in M.V.C. No. 72 of 1995 for the death of late Dr. Venkatesh Kanakaraddi and a sum of Rs. 1,36,400/- awarded in the connected M.V.C. No. 73 of 1995 as compensation for the death of late Rajeshwari w/o Venkatesh Kanakaraddi both of whom died in a road accident. While M.F.A. Nos. 4085 and 4086 of 1997 filed by the claimants; against the owner of the offending vehicle and the Insurance Company seeks enhancement of the amount of compensation, M.F.A. No. 3740 of 1997 filed by the Insurance Company with which the vehicle was insured seeks reduction of the amount already awarded.2. On 5.8.1991 at around 7.30 a.m., the deceased Venkatesh Kanakaraddi and his wife accompanied by four other persons were travelling on the Puna-Bangalore Road on their way to Mudhol. When the car reached a pl...
Tag this Judgment!State of Karnataka Vs. Shankarappa Basappa Ontihalli
Court: Karnataka
Decided on: Jun-24-2003
Reported in: ILR2003KAR2820
Rajendra Prasad, J.1. This appeal by the State filed under Section 378 Cr. P.C. against the judgment dated 27.11.97 passed in SC/ST No. 26/1996 on the file of the Prl.Sessions Judge, Dharwar wherein the learned Judge had recorded a finding of acquittal of the respondent for offences under Sections 376, 342, 506 IPC. And Section 3(i)(ii)(v)(x)(xi) of SC/ST Act, 1989 challenging the legality and validity of the judgment impugned.2. We have heard the arguments of Sri B.C. Muddappa, Addl. SPP on behalf of the State and learned Advocate Sri Ravish Benni of behalf of the respondent.3. Sri B.C. Muddappa, learned Addl. SPP strenuously contended that the material on record clearly shows that the judgment of the Trial Court is illegal and invalid. The material on record clearly shows that the prosecution had successfully proved the guilt of the accused as required by law for the said offences. The evidence placed on record is clear, cogent and convincing. The learned Sessions Judge had not appre...
Tag this Judgment!Can FIn Homes Ltd. Vs. A. Vittal Murthy and ors.
Court: Karnataka
Decided on: Jun-24-2003
Reported in: AIR2003Kant440
S.R. NAYAK, J.1. M/s. Can Fin Homes Ltd., a company registered under the Indian Companies Act - the appellant herein is the respondent in I. C. No. 13 of 1993 filed by the first respondent herein for being declared and adjudged as an insolvent. The appellant being aggrieved by the order dated 18-2-2002 passed in I. C. No. 13 of 1993 on the file of the Court of the VI Addl. City Civil Judge, Bangalore, has preferred this appeal under Section 75(2) of Provincial Insolvency Act, 1920, for short 'the Act'.2. The facts leading to the filing of I. C. No. 13 of 1993 be noted briefly as under : The first respondent had earlier been granted a housing loan in 1990 by the appellant company on the security of a residential property which he purchased with the loan given by the appellant. Being unable to pay all the debts he owed to all his creditors, he filed the insolvency petition in I. C. No. 13 of 1993. The appellant was a secured creditor as the residential property the first respondent purch...
Tag this Judgment!State Vs. Yenkappa
Court: Karnataka
Decided on: Jun-24-2003
Reported in: 2003CriLJ3558
M.S. Rajendra Prasad, J.1. This criminal appeal, by the State, filed under Section 378, Cr.P.C., is directed against the judgment dated 9-12-1997, passed in SC No. 20/ 1995, on the file of the Principal Sessions Judge, Gulbarga, wherein the learned single Judge had acquitted the accused-respondent for an offence under Section 302, IPC, questioning the legality and validity of the said judgment.2. We have heard the arguments of Sri Bhavani Singh, the learned Addl. SPP appearing on behalf of the State and Sri R. B. Deshpande, learned Advocate on behalf of the respondent.3. The parties in the course of this judgment are referred to with reference to their ranking as held in the trial Court for the purpose of convenience.4. Sri Bhavani Singh, learned Addl. SPP, strenuously contended that the material on record clearly shows that the Judgment of the trial Court is illegal and invalid. The prosecution had successfully proved the guilt of the accused for the said offence and the learned singl...
Tag this Judgment!Sharanappa Vs. the Land Acquisition Officer and Assistant Commissioner
Court: Karnataka
Decided on: Jun-23-2003
Reported in: 2004(1)KarLJ435
1. This appeal arises out of an order passed by the Additional Civil Judge at Gulbarga whereby LAC No. 31 of 1984 has been allowed in part and the amount of compensation payable to the appellant-landowner enhanced from Rs. 2,000/- per acre to Rs. 4,000/- per acre with consequential statutory benefits. The appellant-landowner has appealed to this Court for a suitable enhancement of the said amount.2. An area measuring 6 acres 23 guntas in Sy. No. 8/1 of Village Rajapur near Gulbarga city was notified for acquisition in terms of a preliminary notification dated 8-7-1976 for the purpose of construction of a Government Arts and Science College. Six years after the notification, the Land Acquisition Officer made an award determining the compensation payable to the landowners at Rs. 2,000/- per acre. Dissatisfied with the said amount, some of the landowners sought references to the Civil Court for determination of the just and fair compensation payable to them. The reference made at the inst...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Kempamani and anr.
Court: Karnataka
Decided on: Jun-23-2003
Reported in: 2004ACJ808
S.R. Nayak, J. 1. Oriental Insurance Co. Ltd., which is the respondent No. 1 in M.V.C. No. 376 of 1999 on the file of the court of the Motor Accidents Claims Tribunal and Additional Judge, Court of Small Causes, Mayo Hall Unit, Bangalore, (SCCH 20), (for short 'the Tribunal'), being aggrieved by the judgment and award of the Tribunal dated 28.3.2002, has preferred this appeal under Section 173(1) of Motor Vehicles Act, 1988 (for short 'the Act').2. The facts of the case, in brief, are:The respondent Nos. 1 and 2 herein, namely, Kempamani and Jayanthkumar are the dependants of late C.M. Basavaraju (deceased). The deceased was working at a pub on Brigade Road, Bangalore and he died in a motor accident which took place on Varthur Main Road in front of Sunrise Bar and Restaurant, at about 11 p.m., while he was proceeding to his house on a Hero Puch (a two-wheeler) when a stray cow rushed into the middle of the road from the left side and dashed against the Hero Puch driven by the deceased....
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Mrs. Kempamani and anr.
Court: Karnataka
Decided on: Jun-23-2003
Reported in: I(2005)ACC585
S.R. Nayak, J.1. The Oriental Insurance Company Limited, which is the first respondent in M.V.C. No. 376 of 1999 on the file of the Court of the Motor Accident Claims Tribunal and Additional Judge, Court of Small Causes, Mayo Hall Unit, Bangalore (SCCH 20), (for short 'the Tribunal'), being aggrieved by the Judgment and Award of the Tribunal dated 28th March, 2002, 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 respondents 1 and 2 herein, namely, Smt. Kempamani and Master Jayanthkumar are the dependants of the late C.M. Basavaraju (deceased). The deceased was working at a Pub on Brigade Road, Bangalore and he died in a motor accident which took place on Varthur Main Road in front of Sunrise Bar and Restaurant, at about 11.00 p.m., while he was proceeding to his house on a Hero Puch (Two-wheeler) when a stray cow rushed into the middle of the road from the left side and dashed against the Hero ...
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