Karnataka Court December 2005 Judgments

Cc Kondaiah Vs. the State of Karnataka Represented by the Executive En ...

Court: Karnataka

Reported in: ILR2006KAR916

R. Gururajan, J. 1. An these appeals are directed against a common order dated 12-12-2003 passed in A.C. No. 2. 3,4 and 5/2003 by the principal District Judge, Mysore.2. Facts in brief are as under:Appellant Kondaiah, Class 1 contractor, was awarded work of providing water supply components to three villages in Mysore District under slice No. MYS 10 under the contract agreement No. 7/98-99 dated 13-7-1998. During the execution of The work and thereafter certain claims have arisen out of and in connection with the contract and were submitted by the appellant in a consolidated list of claims in letter dated 8-5-2002 to the respondent for settlement under provisions of Clause 24 of the general conditions of the contract. No reply was submitted by the respondent. Hence disputes were referred to an arbitrator in terms of condition No. 2. Claim statement was submitted to the arbitrator for settlement with a copy to the respondent. Number of meetings were held. Respondent did not attend to an...

Neria Estates Rural Industries Association Private Limited Vs. State o ...

Court: Karnataka

Reported in: 2006(1)KarLJ295

ORDERD.V. Shylendra Kumar, J.1. Writ petition by a registered company registered under the provisions of the Indian Companies Act, 1956 which claims certain property rights over vast extent of lands in S. Nos. 35, 36, 146:44, 146:45, 146:46, 146:47, 146:48, 146:49, 146:50, 146:51, 146.52, 146:53, 146:54, 146:55, 146:56 and 146:57B measuring 15.22, 32.35, 39.32, 268.08, 490.99, 48.84, 37, 25.4, 0.55, 2.17, 0.10, 45.86, 0.30, 1.47, 7.91 and 8838.51 respectively, in all measuring 9754.07 acres in Neria Village of Belthangady Taluk and for which the petitioners had in fact filed an application in Form 7 before the Land Tribunal, Belthangady in No. LRY 46/79-80 and which claim for conferment of occupancy rights came to be rejected in terms of the order dated 25-5-1984, as the Tribunal found that occupancy rights cannot be granted in favour of a company and against which the petitioner in fact had carried the matter in this Court by filing Writ Petition No. 14885 of 1984 which was dismissed ...

V.S. Joshi and anr. Vs. N.G. Bhat Chitrigi and anr.

Court: Karnataka

Reported in: 2006CriLJ1566; ILR2006KAR735; 2006(1)KarLJ495

ORDERMohan Shantanagoudar, J.1. Petitioners being the accused in Private Complaint No. 31/2003, have sought for quashing the proceedings pending on the file of I Addl. J.M.F.C, Sirsi.2. The Learned Magistrate has issued process against the petitioners for the offences punishable under Sections 323, 504, 506 r/w. Section 34 of IPC. Respondent No. 1 is the complainant who is advocate by profession. Accused are officials of revenue department. The complaint and the sworn statement of the complainant prima facie disclose that he went to the office of the accused on 20.1.2003 at 5.00 p.m. to enquire about the supply of certified copy of record of rights of the property pertaining to his client. The accused, instead of reasonably and properly responding to the complainant about the supply of the copies of fresh record of rights, started abusing the complainant. It is alleged that the accused has uttered the following words against the complainant.Thereafter, the complainant was pulled out of...

Kiran Bai and ors. Vs. K.V. Jayachandra Setty and ors.

Court: Karnataka

Reported in: ILR2006KAR212; 2006(3)KarLJ165

ORDERK. Bhakthavatsala, J.1. This Revision Petition filed by L.Rs., of late Mittal Lal (tenant) under Section 115 of the Code of Civil Procedure is directed against the order dated 29- 1 -2005 made in RR No. 5/2004 on the file of the I Additional District Judge, Mysore, confirming the order made on I.A-10 filed under Section 5 of the Karnataka Rent Act, 1999 (in short, 'the New Rent Act') by the Land lords in HRC No. 436/1989, on the file of 3rd Additional Civil Judge (Jr. Dn.), Mysore.2. The Petitioners (Lrs. of the tenant) are represented by Sri T.N. Raghupathy. The Respondent Nos. 1 to 3/landlords are represented by Sri K.M. Prakash.3. The brief facts of the case leading to the filing of the Revision Petition may be stated as under:On 22-11 -1989, the land lords filed eviction petition against the tenant Mittal Lal under Section 21(1)(h) of the Karnataka Rent Control Act, 1961 (in short, 'the Old Rent Act') in respect of a shop premises bearing No. 1037,1012/B (New No. 77/B) in K.R....

New India Assurance Co. Ltd. Rep. by Asst. Manager, K. Raghavendran Vs ...

Court: Karnataka

Reported in: IV(2006)ACC52; AIR2006Kant169

K. Sreedhar Rao, J. 1. Notice to R.I through paper publication held sufficient.2. The insurer has taken permission under Section 170 of the M.V. Act.3. One Smt. Laxmanma pillion rider of TVS Moped, the second respondent husband is the rider of the Moped, The pillion rider fell down from the vehicle as a result died. The FIR is lodged by the rider. The content of the FIR does not disclose the negligence on the part rider, The police after investigation have filed 'B' Report, The contents of the 'B' Report discloses that there were water logged trenches on the road. The rider could not properly judge the road condition while crossing over the trench, on account of jerk the pillion rider fell down. The facts noted in the 'B' report may not warrant criminal prosecution. But nonetheless, it can not exonerate the tortuous liability. Over confidant and misjudgment of the rider of the TVS moped is the main cause for the accident and it amounts to actionable negligence.4. The decision of this c...

Shivanna (Deceased) by L.Rs Vs. Puttabasavaiah (Deceased) by L.Rs and ...

Court: Karnataka

Reported in: 2006(3)KarLJ159

ORDERN.K. Patil, J.1. Petitioner, represented by his legal representatives being aggrieved by the order dated 28th February, 1990 on the file of the District Land Reforms Appellate Authority, Tumkur in L.R.A. No. 40 of 1999, reversing the order passed by Land Tribunal, Tiptur, dated 18th February, 1987 in proceedings No. LRF. 18/76-77, has presented the instant revision petition.2. The petitioner claiming to be a tenant had filed the application for registration of occupancy rights in respect of Sy. No. 41 measuring 5 acres 20 guntas situate at Jakkanahalli Village, Kibbanahalli Hobli, Tiptur Taluk. The said application filed by petitioner had come up for consideration before the Land Tribunal, Tiptur-third respondent herein on 5th September, 1977. The application filed by petitioner was rejected. Against the said order passed by Land Tribunal, Tiptur, petitioner filed Writ Petition No. 12125 of 1977 before this Court. The writ petition filed by petitioner was allowed by this Court and...

Webbing and Belting Factory (P) Ltd. and anr. Vs. C.M. Shashikumar

Court: Karnataka

V. Gopala Gowda, J.1. This appeal is filed by the defendants questioning the correctness of the judgment and decree passed by the I Addl. City Civil and Sessions Judge, Bangalore (CCH-2) in O. S. No. 3699/2002 dated 7-11-2005 decreeing the suit with a direction to the defendants to vacate and deliver the vacant possession of the suit schedule property to the plaintiff within 30 days from the date of judgment and further decreed and ordered that the defendants shall pay a sum of Rs. 10,000/ as interim damages from 1-3-2002 till the date of delivery of possession of the suit schedule property to the plaintiff, urging various legal contentions and prayed for setting aside the same by allowing this appeal and dismissing the original suit.2. The rank of the parties is referred to as assigned in the judgment passed by the trial Court for the sake of convenience.3. The brief facts are as follows :- The first defendant is a tenant in respect of the suit schedule premises on the basis of the le...

Smt. Bhagyamma and ors. Vs. T.L. Basavaraju and ors.

Court: Karnataka

Reported in: ILR2006KAR277

Huluvadi G. Ramesh, J.1. This second appeal is by the plaintiffs being aggrieved by the judgment and decree passed by the Civil Judge (Sr. Dvn.), Arsikere in RA 22/1997 confirming the judgment and decree passed by the Munsiff, Arsikere in OS 213/1989 and dismissing the appeal filed by the plaintiffs.2. According to the plaintiffs, one propositus Mallappashetty had two children by name Kotappa and Mallamma. Kotappa had a son by name Papanna who died issueless and a daughter by name Gurusiddamma who had a son by name Honnappa. Mallappashetty bequeathed the property in favour of Gurusiddamma. The said Gurusiddamma pre-deceased Honappa who also died issueless. This Mallappashetty's daughter Mallamma i.e., Gurusiddamma's paternal aunt had two sons by name Veerabhadrappa and Parmeshappa. Veerabhadrappa and Parmeshappa are the plaintiffs claiming the suit property inherited by Honappa son of Gurusiddamma in whose favour the property was bequeathed by Mallappashetty.3. According to the plainti...

Dattappa (Deceased) by L.Rs Vs. Dasharath (Deceased) by L.Rs and anr.

Court: Karnataka

Reported in: 2006(2)KarLJ585

ORDERN.K. Patil, J.1. Petitioner, now represented by his legal representatives, being aggrieved by the order dated 14th September, 1989 on the file of the Land Reforms Appellate Authority, Bijapur in L.R.'- No. 68 of 1989, setting aside the order passed by Land Tribunal, Bijapur, dated 31st January, 1989 in No. KLR.SR. 220, has presented the instant revision petition.2. The deceased Tulajaram also, represented by his legal representatives as respondents 1 to 6 herein, claiming to be tenant, had filed Form 7 under Rule 20(1) of the Karnataka Land Reforms Rules, 1974 read with Section 48-A(1) of the Karnataka Land Reforms Act, 1961 for registration of occupancy rights on 30th June, 1976. The said application filed by deceased Tulajaram had come up for consideration before the Land Tribunal, Bijapur on 15th March, 1979. The Land Tribunal, has ordered for registration of occupancy rights in favour of deceased Tulajaram in respect of an extent of 4 acres 3 guntas in Sy. No. 471/2C (03 gunta...

United India Insurance Co. Ltd. Bijapur Branch Through Its Regional Of ...

Court: Karnataka

Reported in: 2007ACJ1241

ORDERK. Sreedhar Rao, J.1. Notice to R1 (c) in MFA 992/03 by way of paper publication is accepted. Both the cases arise out of the same accident.2. The writ petition is filed against the order passed by this Court in CRP 545/03, which came to be dismissed on the ground that the revision is not maintainable. Hence, the writ is filed challenging the judgment and award in MVC 1431/97. MFA 992/03 pertains to MVC 1417/97.3. The petitioners are the inmates of the jeep bearing registration No. MH-10/C-0846, which met with the accident. The Tribunal awarded compensation to the petitioners and directed the owner and insurer to pay the compensation. The insurer is in appeal seeking avoidance of the liability on the ground that there is violation of permit conditions. The Tempo-tax is a private service vehicle. The evidence adduced discloses that the petitioner in MVC 1417/97 was travelling as fare paid passenger.4. In view of the violation of permit conditions it is argued that the insurer is no...