Karnataka Court June 2003 Judgments
State by Koratagere Police Vs. T. Huchaiah
Court: Karnataka
Decided on: Jun-09-2003
Reported in: 2003(6)KarLJ77
M.F. Saldanha, J. 1. We have heard the learned High Court Government Pleader on merits. We readily accept all that he has submitted, namely, that the misappropriation of funds of a Co-operative Society is not only an anti-social offence, that it is absolutely rampant that the result of this criminal activity is that the subordinate Courts are heavily burdened with these cases which are long drawn out and time consuming as they involve the examination of records, accounts and the like. The learned Counsel further submitted that in almost everyone of these transactions the accused are acquitted and the direct result of these acquittal orders is that, whereas, the objective of the law needs to be deterrent and the justice dispensation machinery must result in punishment of the guilty persons in order to send out a clear signal that the consequences of such criminal activity will be grave, that in actual effect, because the accused always gets acquitted the confidence has now grown among t...
Tag this Judgment!P.P. Impex Vs. Commercial Tax Officer, Sales Tax
Court: Karnataka
Decided on: Jun-09-2003
Reported in: [2006]143STC348(Kar)
ORDERG.C. Bharuka, J.1. The petitioner is a registered dealer under the Karnataka Sales Tax Act, 1957 ('the Act', for short). It is a proprietary concern. It has filed the present writ petition for quashing the order dated May 15, 2003 (annexure A) passed by the respondent-Commercial Tax Officer under Section 28A(4) of the Act, levying penalty of Rs. 52,640 on the ground that the original documents required to be produced for transportation of the goods in question were not produced at the time of inspection instead only xerox copies of such documents were produced. The only ground taken for quashing of the impugned order is that the same has been passed in violation of the statutory procedure laid down under the Explanation to Section 28A(4) of the Act. The Explanation to Section 28A(4) of the Act reads as under :Explanation.--Where the destination of the goods to be delivered in the State is not less than one hundred kilometers, from the check-post or barrier or any other place at wh...
Tag this Judgment!Smt. Ratnavva and ors. Vs. State by Gadag-betageri Police
Court: Karnataka
Decided on: Jun-06-2003
Reported in: 2003(4)KarLJ443
ORDERK. Bhakthavatsala, J. 1. Though the matter is posted for admission, with the consent of both the parties, it is taken up for final hearing.2. In this case, the petitioners who are accused in S.C. No. 25 of 2000 on the file of Sessions Judge, Godag, have filed the present revision petition under Sections 397 and 401 of the Cr. P.C., being aggrieved of the order dated 17-3-2003 passed in S.C. No. 25 of 2000 on the file of Principal Sessions Judge, Gadag, rejecting the application filed by the accused on 27-12-2002 to summon C.W. 36 as Court witness.3. Respondent-State is represented by Additional State Public Prosecutor Sri Marigowda.4. The brief facts of the case leading to the filing of the present revision petition may be stated as under:The present accused/petitioners are facing trial for the offences under Sections 498-A, 302, 201, 202 read with Section 34 of the IPC in S.C. No. 25 of 2000 on the file of Principal Sessions Judge, Gadag. It is the case of the prosecution that C....
Tag this Judgment!B.V. Kyarakatti Vs. Sattappa Shambappa Gomadi (Deceased) by L.Rs
Court: Karnataka
Decided on: Jun-06-2003
Reported in: 2003(5)KarLJ220
A.V. Sreenivasa Reddy, J. 1. These two appeals arise from the judgment and decree dated 28th November, 2000 passed by the Principal Civil Judge (Senior Division), Hubli in R.A, No. 69 of 2000 setting aside the judgment and decree passed in O.S. No. 378 of 1992, dated 24-3-2000 on the file of the III Additional Civil Judge (Junior Division), Hubli.2. The appellant and respondent herein filed suits against each other for the relief of permanent injunction. The suit schedule property in both the suits is a site forming part of R.S. No. 53 measuring 3 acres and 29 guntas of Mariyan Timmasagar. The Schedule given in the suit filed by the appellant-Kyarakatti in O.S. No. 449 of 1992 is CTS No. 8A1A2 + 8A1B/2 in CST Ward No. III, Hubli City bounded on the west by road, east by R.S. No. 52, north by CTS No. 8A1A2 + 8E + 8A1B/1 and to the south by CTS No. 8A1A1A/2. The suit schedule property as mentioned in O.S. No. 378 of 1992 filed by the respondent-Gomadi is the site measuring east-west 72 f...
Tag this Judgment!The National Insurance Company Limited Vs. Siddappa and anr.
Court: Karnataka
Decided on: Jun-06-2003
Reported in: I(2004)ACC282; 2005ACJ891; ILR2004KAR331; 2003(5)KarLJ258
K.L. Manjunath, J.1. This appeal is arising out of an order passed by the Commissioner for Workmen's Compensation, Chitradurga in WCA/NFC/CR No. 49 of 1998. The respondent 1 was the applicant before the Commissioner for Workmen's Compensation. The respondent 1-Siddappa was working as a cleaner in a lorry bearing No. KA. 25/6551 owned by the 2nd respondent-Vijayanand Headlines. On 8-12-1996 he was discharging his duties as a cleaner in the lorry which was proceeding from Bangalore to Hubli. When the lorry reached Palawanahalli Gate, the respondent-claimant requested the driver to stop the vehicle in order to attend to the nature call. After attending to the nature call, the respondent-claimant was about to board his lorry bearing No. KA. 25/6551, at that time another lorry bearing No. TN. 28/3335 which was proceeding on the road in the same direction dashed against the claimant-respondent, due to which he sustained injuries all over his body and was admitted to Government Hospital, Chit...
Tag this Judgment!B.V. Kyarakatti Vs. Sattappa Shambappa Gomadi and ors.
Court: Karnataka
Decided on: Jun-06-2003
Reported in: ILR2003KAR4064
A.V. Srinivasa Reddy, J.1. These two appeals arise from the judgment and decree dated 28th November, 2000 passed by the Principal Civil Judge (Sr. Dn.), Hubli in R.A.No. 69/2000 setting aside the judgment and decree passed in O.S.No. 378/1992 dated 24.3.2000 on the file of the III Addl. Civil Judge (Jr. Dvn.) Hubli.2. The appellant and respondent herein filed suits against each other for the relief of permanent injunction. The suit schedule property in both the suits is a site forming part of R.S.No. 53 measuring 3 acres and 29 guntas of Mariyan Timmasagar. The schedule given in the suit filed by the appellant-Kyarakatti in O.S. 449/92 is CTS No. 8A1A2 +8A1B/2 in CST Ward No. III, Hubli City bounded on the west by road, east by R.S.No. 52, north by CTS No. 8A1A2 +8E+8A1B/1 and to the south by CTS.No. 8A1A1A/2. The suit schedule property as mentioned in O.S. 378/92 filed by the respondent Gomadi is the site measuring East-West 72 feet 6 inches and North-South 57 feet 6 inches bounded on...
Tag this Judgment!H.V. Rangaraju Vs. Muqbulpasha and anr.
Court: Karnataka
Decided on: Jun-06-2003
Reported in: III(2004)ACC802; 2005ACJ1735; 2004(1)KarLJ520
Tirath S. Thakur, J.1. This appeal arises out of an award made by the Motor Accidents Claims Tribunal, Nanjangud, whereby M.V.C. No. 66 of 1995 has been allowed in part and a sum of Rs. 58,000/- with interest at the rate of 9% p.a. awarded as compensation to the appellant for the death of his wife in a motor vehicle accident.2. The appellant accompanied by his wife late Smt. Manjula were travelling in a Karnataka State Road Transport Corporation bus from B.R. Hills to Mysore on 4-6-1995. While the bus had yet to emerge from the winding hill section of the B.R. Hills, it plunged into a gorge nearly 500 feet deep resulting in injuries to several passengers and the death of Smt. Manjula. The appellant-husband of the deceased Smt. Manjula filed M.V.C. No. 66 of 1995 before the Tribunal alleging that the accident in question had occurred entirely due to the rash and negligent driving of the bus by its driver. A claim for payment of compensation amounting to Rs. 7,54,000/- was on that basis ...
Tag this Judgment!K. Jagannath Rai Vs. Gangarathna C. Bai and ors.
Court: Karnataka
Decided on: Jun-06-2003
Reported in: II(2004)ACC811; 2004ACJ982
S.R. Nayak, J.1. The appellant is the claimant-petitioner in M.V.C. No. 744 of 1996 on the file of the Motor Accidents Claims Tribunal, Dakshina Kannada at Mangalore (for short, 'the Tribunal') filed under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act'). In the said M.V.C., the appellant claimed total compensation of Rs. 6,00,000 from the respondent for personal injuries suffered by him in an accident occurred on 27.2.1996 involving the motor vehicle of the respondent. The Tribunal has awarded total compensation of Rs. 59,190 with court costs and interest on the said amount at 6 per cent per annum from 17.6.1996 up to the date of payment. The appellant not being satisfied with the quantum of compensation awarded by the Tribunal has preferred this appeal under Section 173(1) of the Act.2. The facts of the case, in brief, are as under: Appellant is a businessman carrying on business in the name and style, Milton (India) Pharmaceuticals, in Balmata, Mangalore. Appellant...
Tag this Judgment!A.V. Purushotam Vs. N.K. Nagaraj
Court: Karnataka
Decided on: Jun-05-2003
Reported in: AIR2003Kant417; ILR2003KAR2458; 2004(1)KarLJ635
ORDERKumar, J. 1. The petitioner is a tenant in respect of premises bearing No. 43/ 6 ground floor, Vth Main, Ganghinagar, Bangalore -9. The respondent who is the owner of the aforesaid premises has filed a suit SC No. 1603/2002 on the file of learned Chief Judge, Court of Small Causes, Bangalore, for ejectment of the petitioner. In the said suit, the petitioner was served with summons on 28.10.2002 and the petitioner appeared before Court and sought for time to file written statement. The matter was posted to 7.12.2002 for filing of the written statement. On that day again a request was made for extension of time for filing written statement. It was granted and the case was adjourned to 18.1.2003 for filing of the written statement. On that day, again a request was made for grant of some time to file written statement. However, the learned Judge refused to grant the time for filing written statement. But the learned Judge did not proceed to pass a judgment and decree as contemplated u...
Tag this Judgment!The Managing Director, Northwest Road Transport Corporation Vs. Rudrap ...
Court: Karnataka
Decided on: Jun-05-2003
Reported in: ILR2003KAR2456; 2003(6)KarLJ57
Manjunath, J. 1. This appeal is by the North West Karnataka Road Transport Corporation, Hubli. 2. The respondent herein was the claimant before the Claims Tribunal, Saundatti, in MVC No. 640/1994 arising out of a common accident, four claim petitions were presented before the Motor Accident Claims Tribunal, Saundatti. The respondent presented the claim petition on account of personal injuries sustained by him in a road traffic accident. Respondent claimant did not step into the witness box. One of the claimant in the series of cases namely, the claimant in MVC No. 639/94 was examined as PW1 and the wound certificate of the claimant/respondent in this appeal was marked as Ex.P-4. Based on the same Rs. 1,67,000/- has been awarded as compensation by the Tribunal. The judgment and award of the Tribunal is called in question in this appeal. 3. The main ground of attack of the appellant in this appeal is whether the tribunal can award compensation to the claimant for a personal injury sustai...
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