Karnataka Court November 2005 Judgments
R. Raghupathi Gowda and anr. Vs. State Transport Authority and ors.
Court: Karnataka
Decided on: Nov-18-2005
Reported in: II(2006)ACC300; ILR2006KAR248; 2006(1)KarLJ382
ORDERS. Abdul Nazeer, J.1. Petitioners in both these cases were holders of stage carriage permits operating on the route Panthanahalli to Bangalore. The permits granted to them were for a period of 5 years valid upto either 1-3-2005 or 31-1-2005. It is the case of the petitioners that immediately after the grant of permits, they had commenced the operation of the services. The aforesaid permits were challenged by the Karnataka State Road Transport Corporation (for short, 'KSRTC') and some other private operators before the Karnataka State Transport Appellate Tribunal (for short, the 'Tribunal') by filing revision petitions. The said revision petitions were allowed on 30-12-2000 and the orders of the State Transport Authority (for short, 'STA') were set aside and the permits granted in favour of the petitioners were cancelled mainly on the ground that the grant of permits on the route in question overlaps the notified route of Kolar Pocket Scheme, Anekal Scheme and APSRTC Scheme. The sa...
Tag this Judgment!B.H. Veeresha Vs. Government of Karnataka and ors.
Court: Karnataka
Decided on: Nov-17-2005
Reported in: ILR2006KAR610; 2006(1)KarLJ326
ORDERN. Kumar, J.1. This is the third writ petition filed challenging the construction of a multistoried commercial-cum-parking complex at the junction of KG. Road-B.V.K lyengar Road, Bangalore. This place is situated in the busy majestic area on the K.G. Road at the heart of Bangalore. There is no sufficient place to provide parking space on the road. With the fast growth of Bangalore City in recent years there has been tremendous demand for parking space in the City. In order to provide parking space on the roads the Bangalore Mahanagara Palike (for short, 'the Corporation') has taken several projects providing for multistoried car parking facilities. After giving wide publicity in the Global Investors Meet held in 2000 the Corporation issued brochures to the general public and this is one such project offered for investors. The project envisaged construction of basement, ground and three upper floors, for providing parking space for more than 400 cars. Out of the total constituted a...
Tag this Judgment!J. Ashoka Vs. University of Agricultural Sciences and ors.
Court: Karnataka
Decided on: Nov-17-2005
Reported in: ILR2006KAR768; 2006(1)KarLJ258
ORDERB.S. Patil, J.1. In this writ petition, the petitioner is challenging the appointment of the 3rd respondent to the post of Assistant Professor of Sericulture. The 1st respondent-University has appointed respondent 3 herein vide order dated 22-5-1999 as Assistant Professor. Petitioner has sought for a declaration that he is entitled to be appointed to the post of Assistant Professor of Sericulture under the general merit quota and a direction be issued to appoint him as such.2. The facts which are essential for the disposal of the case can be set out as under:By a Notification dated 14-8-1995, applications were invited by the respondent-University to fill up the vacancy in the post of Assistant Professor of Sericulture. Petitioner who holds a Master's Degree in Agriculture, i.e., M.Sc. (Agri.) from the University of Agricultural Science, Dharwad and who has been working as Assistant Professor of Sericulture in the University of Agricultural Science at Dharwad since 1991 applied for...
Tag this Judgment!Dattaprasad Co-operative Housing Society Limited and ors. Vs. State of ...
Court: Karnataka
Decided on: Nov-17-2005
Reported in: 2007(4)KarLJ645(DB).;
H.L. Dattu, J.1. The appellants before us are all House Building Co-operative Societies and they are registered under the provisions of the Karnataka Co-operative Societies Act 1959, read with Karnataka Co-operative Societies Rules, 1960. They are calling in question the correctness or otherwise of the order passed by the learned Single Judge in W.P. Nos. 23564 to 23567 of 2001, dated 17-3-2003 Dattaprasad Co-operative Housing Society Limited, Bangalore and Others v. State of Karnataka 2004 (3) Kar. L.J. 310.2. The appellants in the writ petitions had sought for the following-relief. It is as under:to issue a writ in the nature of certiorari to quash Section 5 of the Karnataka Act 6 of 2001, amending Section 38 of the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959), by inserting proviso at the end as unconstitutional.3. The learned Single Judge after considering the rival contentions of the parties to the lis, has rejected the writ petitions by his order dated 17-...
Tag this Judgment!Electrical Engineering Agencies and anr. Vs. New India Assurance Compa ...
Court: Karnataka
Decided on: Nov-17-2005
Reported in: III(2006)ACC391; 2006ACJ1957
K. Sreedhar Rao, J.1. The petitioner in M.V.C. No. 2805 of 1998 sustained personal injuries in the motor vehicle accident. The Tribunal awarded compensation of Rs. 72,000/- with interest at 8% p.a., from the date of petition till payment. The Tribunal directed the owner of the motor-cycle to pay the compensation. The claim against the insurer is dismissed on the ground that the driver had no driving licence but the driver holding only the learner's licence. The owner and rider of the motor-cycle are in appeal seeking avoidance of the liability and fastening the liability on the insurer. 2. The facts disclose that the owner and rider of the vehicle have participated in the proceedings before the Tribunal. It is not established by the rider and a owner that the learner's licence conditions were duly complied while getting the vehicle. There is no evidence to show that the instructor was accompanying the rider. Therefore, the owner and driver cannot avoid liability. The rule of 'pay and r...
Tag this Judgment!Roshanbi and ors. Vs. Usmansab Shaikaji Attar Since Deceased by His Lr ...
Court: Karnataka
Decided on: Nov-16-2005
Reported in: ILR2006KAR560; 2006(4)KarLJ336
Huluvadi G. Ramesh, J.1. This Second Appeal is by the plaintiffs being aggrieved by the Judgment and Decree passed by the II Addl. Civil Judge, (Sr. Dvn.,) Belgaum, in R.A. No. 75/1988 allowing the appeal filed by the defendant and dismissing the suit of the plaintiffs.2. The plaintiffs have filed a suit for partition and separate possession of their 7/8th share in the suit property. The suit property is a residential house bearing CTS. No. 883/A and 883/B situate at Aralikatti Deshpande Galli, Belgaum. The original propositus - Shaikji had two wives namely Halimabi and Roshanbi. The defendant is the son of Halima Bi, the first wife of Shaikji. The plaintiffs - 2 to 8 are the children of second wife who is plaintiff No. 1 - Roshanbi. The relationship between the plaintiffs and the defendant is that the defendant is the step - son of plaintiff No. 1. Plaintiffs - 2 to 8 are the step brothers. The suit property was said to be purchased by Shaikji on 28.9.1926 and he died in the year 1969...
Tag this Judgment!Maruthi Ramachandra Kumbar Vs. Manohar Kallappa Chougale and anr.
Court: Karnataka
Decided on: Nov-16-2005
Reported in: 2006ACJ2626; 2006(6)KarLJ519
K. Sreedhar Rao, J.1. All these appeals arise out of the same accident. All the petitioners are the injured and inmates of a goods Tempo. The petitioners are potters who hired goods Tempo for transporting pottery. After sale, they were returning in the goods Tempo with the jowar bags.2. Petitioner in M.V.C. No. 893 of 2001 sustained fracture of the right radius. She is a potter, her income to be assessed at Rs. 1,500 per month. Petitioner could be awarded Rs. 30,000 for pain and agony, Rs. 10,000 towards medical and incidental expenses, Rs. 10,000 for loss of amenities and discomfort, Rs. 18,000 towards loss of future income on account of disability and Rs. 6,000 for loss of income during laid up period. In all the petitioner is entitled to a compensation of Rs. 74,000 as against Rs. 40,000 awarded by the Tribunal. On the enhanced compensation, the interest payable shall be 6 per cent per annum from the date of petition till payment. M.F.A. No. 3542 of 2003 is allowed as indicated abov...
Tag this Judgment!Puttannaiah and ors. Vs. State of Karnataka by Its Revenue Secretary a ...
Court: Karnataka
Decided on: Nov-15-2005
Reported in: ILR2005KAR6043; 2006(1)KarLJ378
ORDERD.V. Shylendra Kumar, J.1. Writ Petition by persons who claim right, title and interest to a piece of agricultural land measuring an extent of 15 acres 39 guntas in survey No. 71 of Dodderi Village, Tavarekere Hobli, Bangalore South Taluk, in terms of a sale deed dated 19-8-1942 where under one N.S. Gurappa under whom the petitioners claim had purchased the property in question in a Court auction sale, a sale deed said to have been executed in the course of execution of a mortgage suit in OS No. 401/1935-36 in terms of the Judgment and Decree dated 21-8-1936 though described as an ex parte decree said to be obtained by fraud etc., as averred by the respondents, but, nevertheless, which had attained finality.2. The only one prior development that may be incidental and which may be necessary to be noticed here is, it appears even earlier, in so far as the land in question is concerned, there was a revenue entry in respect of this land indicating it as phada as the owner of the land ...
Tag this Judgment!Sri Santhosh and ors. Vs. Smt. Saraswathibai and anr.
Court: Karnataka
Decided on: Nov-15-2005
Reported in: AIR2006Kant85; ILR2006KAR156; 2006(4)KarLJ207
V.G. Sabhahit, J.1. This appeal by the defendants is directed against the judgment and decree passed by the Court of District Judge, Bidar, in RA. No. 32/ 2000 dated 2.1.2003 allowing the appeal and setting aside the judgment and decree passed by the Court of Civil Judge (Sr. Dn.), Basavakalyana, in O.S. No. 210/1993 dated 11.8.2000 and decreeing the suit of the plaintiff as prayed for, for declaration of title and injunction against the defendants.2. The essential facts of the case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows:The plaintiffs filed the suit for declaration of their title to the schedule property and for permanent injunction against the defendants from interfering with the peaceful possession and enjoyment of the schedule property. The suit schedule property is described as 6 acres 33 guntas of land in Sy. No. 73 situated at Khandala village, Basavakalyana Taluk.3. It is averred in the plaint that the plaintiffs...
Tag this Judgment!Hanamath and ors. Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-15-2005
Reported in: 2006CriLJ1844; ILR2006KAR1476; 2006(4)KarLJ1
ORDERS.R. Bannurmath, J.1. These appellants, who were the accused in Special case No. 125/2001, have been convicted and sentenced for the offences punishable under Sections 376(2)(g) of the IPC, and also under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') by judgment dated 28th October, 2003 passed by the Learned Sessions Judge, Bagalkot.2. Since this is a case of gang rape in the light of the observations of the Hon'ble Supreme Court in the case of State of Karnataka v. Puttaraja : 2004CriLJ579 we have omitted in this judgment, the names of the victim and her nephew and have described the victim as K the victim and her nephew as S(P.W.4)3. The facts projected by the prosecution in support of its case are in brief as follows:On 4.1.2001 at about 12 noon, 'K' (the victim) aged 15 years and her nephew 'S' (P.W.4) aged about 13 years were going near the land of one Kantennavar at Navalagi village to...
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