Karnataka Court March 2004 Judgments
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Munigurappa Vs. Doddathimmaiah and ors.
Court: Karnataka
Decided on: Mar-03-2004
Reported in: AIR2004Kant475; 2004(3)KarLJ264
K. Sreedhar Rao, J.1. This appeal presents an entangled and an interesting set of facts, which ultimately discloses absence of cause of action for the plaintiff to maintain the suit. The first defendant Doddathimmaiah is the father of the plaintiff and the second defendant. A partition takes place between the father and the sons, a share is allotted to the first defendant only with a right to enjoy the property during his lifetime and after his demise, the property is to devolve upon the plaintiff and the second defendant equally. The partition is an unregistered partition at Ex. P. 6. Nonetheless, the parties are divided and enjoying the properties separately. The stipulation in the unregistered partition that the father should take only a limited interest in the property during his lifetime for maintenance and the said estate to devolve upon his sons after his death amounts to partial relinquishment of his full ownership rights in the property. If the partition deed is registered, th...
Smt. Radha Alias Parimala Vs. N. Rangappa
Court: Karnataka
Decided on: Mar-03-2004
Reported in: AIR2004Kant299; ILR2004KAR3212; 2004(3)KarLJ458
S.R. Nayak, J.1. In this appeal preferred by the mother under Section 47CC) of the Guardians and Wards Act, 1890 (for short, 'the Act'), the legality and correctness of the order dated 13th July, 2001 passed in G and WC No. 5 of 2000 on the file of the Court of the Principal Civil Judge, Senior Division and CJM, Shimoga (for short, 'the Court below'), allowing the petition filed by the respondent-father under Section 25 of the Act holding that the respondent is entitled to have the custody of the minor Shreyash, by name and directing the appellant to hand over the custody of the minor to the respondent on 31-7-2001, is called in question.2. The facts of the case in brief may be noted first and they are as follows: The respondent who is the father of the minor filed G and WC No. 5 of 2000 under Section 25 of the Act alleging that he married the appellant on 29-1-1993 at Kengapura Village as per the customs prevailing in the community and from out of the wedlock the minor was born on 2-8...
Laxmi Rao Vs. Union of India (Uoi)
Court: Karnataka
Decided on: Mar-03-2004
Reported in: 2004CriLJ3227; 2004(3)KarLJ654
ORDERM.S. Rajendra Prasad, J.1. Though this matter is listed for admission by the consent of both sides, the matter is taken up for final disposal.2. This criminal revision petition by the accused filed under Section 397 read with Section 401, Cr. P.C. is directed against the judgment dated 19-1-2004 passed in Spl. C.C. No. 218 of 1996, on the file of the XXI Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore, wherein the learned Sessions Judge had rejected the application filed by the accused 2, challenging the legality and propriety of the order impugned.2-A. The Court has heard the arguments of Sri P.S. Mahadevan, the learned Counsel on behalf of the revision petitioner and Sri Ashok Harnahalli, the learned Counsel on behalf of the respondent.3. The learned Counsel for the revision petitioner strenuously contended that the material on record clearly shows that the order impugned is illegal and improper. The learned Special Judge had erred in not noti...
Premier Traders Vs. A.C.C.T., Investigation 3
Court: Karnataka
Decided on: Mar-03-2004
Reported in: (2008)11VST139(Karn)
ORDERD.V. Shylendra Kumar, J.1. Petitioner, a dealer under the provisions of the Karnataka Sales Tax Act, 1957 ('the Act', for short), has approached this Court questioning the legality of the order dated January 22, 2004 passed by the respondent under Section 28(6) of the Act for the period 2002-03.2. Sri M.R. Narayan, learned Counsel for the petitioner submits that the petitioner is approaching this Court even when the petitioner has a statutory remedy under the provisions of the very Act such as an appeal provided to the appellate authority as against this order, inasmuch as the impugned order has come to be passed after the year in question is over and at a time when a regular assessment order could have been passed instead of a provisional order. Learned Counsel submits that this Court should stay the recovery proceedings pursuant to the impugned order as, in similar other earlier cases, this Court had occasion to intervene in such matters and while the assessees who had suffered ...
Syed Nazeer Ahmed Vs. B. Saifulla Khan and anr.
Court: Karnataka
Decided on: Mar-03-2004
Reported in: 2004(7)KarLJ83
K. Sreedhar Rao, J.1. This appeal filed against the order passed in Ex. No. 324 of 1997 on the file of the XII Additional Small Causes Judge, Bangalore arising out of HRC No. 866 of 1997 on the file of the Additional Small Causes Judge, Bangalore.2. The appellant is the decree-holder obtained an eviction decree under the Rent Control Act against the first respondent in respect of premises No. 47. According to decree, the premises No. 47 measures East to West 70' and North to South 40' situated in Durgamba Temple Street, Kalasipalyam. The boundaries of the property is described as on the East by: Remaining portion of the property bearing No. 47; West by: Remaining portion of the property bearing No. 47; North by: Passage and South by: Thayappa's property. The second respondent contends that premises bearing No. 51 belongs to him with the boundaries on the East by: Property No. 52, Zameer Enterprises; West by: Property No. 47, Syed Zameer Ahmed; North by: Passage and South by: Private Ap...
National Insurance Company Limited Vs. Smt. Gadigewwa and ors.
Court: Karnataka
Decided on: Mar-01-2004
Reported in: 2005ACJ40; ILR2004KAR1424; 2004(3)KarLJ210
S.R. Nayak, J.1. In this appeal preferred by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 (for short, 'the Act'), the correctness of the judgment and award dated 16th August, 2001 passed in MVC No. 1 of 1998 on the file of the Court of the Principal District Judge and Motor Accidents Claims Tribunal, Dharwad (for short, 'the MACT'), awarding compensation of Rs. 3,14,800/- with interest at the rate of 6% per annum from the date of claim petition till its realization, in favour of respondents 1 to 4 who are the claimants in MVC No. 1 of 1998 is called in question.2. On 4-12-1997 at about 6.45 p.m. a tempo bearing Registration No. KA-25/6976 driven by its driver Moinuddin, by name, in high speed and rash and negligent manner without observing the traffic rules dashed against the deceased Yellappa Talawar alias Walikar near Navalur Railway Station on Poona-Bangalore National Highway No. 4 as a result of which Yellappa Talawar died on the spot.3. The legal repr...
Kalli Hutcha Nayaka (Dead) by L.Rs Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Mar-01-2004
Reported in: 2004(3)KarLJ266
N.K. Patil, J.1.The petitioners, questioning the legality and the validity of the order dated 24th September, 1993 in case No. LRF:1835/75-76 on the file of the Land Tribunal, Nanjangud Taluk, in respect of land bearing Sy. No. 260/2 measuring 02 acres 19 guntas situate at Karya Village, Nanjangud Taluk, Mysore District, have filed the instant writ petition.2. The deceased petitioner-Sri Kalli Hutcha Nayaka, claiming to as a tenant in respect of land bearing No. 260/2 measuring 02 acres 19 guntas situate at Karya Village, Nanjangud Taluk, Mysore District had filed Form 7 for grant of occupancy rights. The said application of the deceased petitioner had come up for consideration before the Tribunal and the Tribunal, after hearing had granted occupancy rights in favour of the deceased petitioner. However, being aggrieved by the said order passed by the Land Tribunal, the third respondent herein filed a Writ Petition No. 25484 of 1981. This Court by its order dated 15th June, 1981 had set...
Shetty's Construction Company Private Limited, Rep. by Its Managing Di ...
Court: Karnataka
Decided on: Mar-01-2004
Reported in: AIR2004Kant297; ILR2004KAR1467; 2004(4)KarLJ147
ORDERN.S. Veerabhadraiah, J.1. This is the plaintiff's revision being aggrieved of the order passed by the learned Civil Judge (Sr.Dn.). Yadgir in unnumbered Original Suit of 2003 dated 31.3.2003 directing the plaintiff or his Counsel to sign the Court fee stamp papers.2. The brief facts of the case are as follows:The suit of the plaintiff is for recovery of an amount of Rs. 13,39,34,033.80 and for consequential reliefs against the defendants. The plaintiff paid the requisite Court fee of Rs. 8,77,000/-. But the learned Civil Judge (Sr.Dn.,) Yadgir, passed the order on 31.3.2003which reads as follows:'The plaintiff has furnished Court fee stamp papers worth Rs. 8,77,000/- along with the plaint. But neither the plaintiff nor his advocate have signed on all the stamp papers. Month and Year are typed but date is not typed on the stamp papers. So also, advocate's name is typed but, the advocate has not signed.On 18.3.2003, this Court specifically directed the plaintiff to put his signature...
The Chairman, Gogte College of Commerce Vs. Siddappa and anr.
Court: Karnataka
Decided on: Mar-01-2004
Reported in: III(2004)ACC674; [2004(101)FLR1149]; ILR2004KAR1980; 2004(4)KarLJ304
H. Billappa, J.1. The appellant herein being aggrieved by the Judgment and award dated 14-6-2002 passed in WCA/SR-199/01 passed by the Commissioner for Workmen's Compensation, Belgaum has preferred this appeal.2. The facts in brief are as follows:The appellant herein had entrusted the construction work of additional rooms in the corner open area of Gogte College of Commerce main building to the respondent No. 2 herein who is a contractor, and an agreement dated 22-9-1999 was also entered into between them. The respondent No. 1 was engaged for doing centering work. On 12-11-1999 at about 4.30 p.m. while the respondent No. 1 was doing centering work, the ladder on which he was standing broke and he fell down and as a result of that he sustained fracture of left patella and fracture of left colles's and other injuries. The respondent No. 1 herein filed a application claiming compensation of Rs. 4,50,000/- against the appellant herein who is the principal employer and respondent No. 2 who ...
Smt. Devamma and ors. Vs. the Deputy Commissioner and ors.
Court: Karnataka
Decided on: Mar-01-2004
Reported in: 2004(4)KarLJ43
ORDERD.V. Shylendra Kumar, J.1. Petitioners claim to be the purchasers of an extent of 2 acres of land which had been originally granted to a person belonging to Scheduled Caste in the year 1956.2. Petitioners claim that they had purchased this land as per the sale deed dated 11-1-1973 executed by one Ramaiah S/o Muddalingagowda who in turn had purchased it from one Mohammed Muzaidulla Khan, who had purchased the land from the original grantee as per the sale deed dated 29-9-1965.3. The 3rd respondent-Chowdamma, claiming to be a L.R. of the original grantee Halaiah alias Ujjani Halaiah, moved the Assistant Commissioner under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 for invalidating the sale transactions and for restoration of land, on the premise that the 1st sale transaction was in violation of terms of the grant and as such it attracts the provisions of the Act for suitable action.4. It appears that the...
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