Karnataka Court June 2005 Judgments

Vidyavardhaka Sangha and anr. Vs. S.K. Joshi and ors.

Court: Karnataka

Reported in: 2005(5)KarLJ402

S.R. Nayak, J. 1. These two writ appeals arise out of the common judgment of the learned Single Judge in S.K. Joshi and Anr. v Vidyavardhaka Sangh, Bijapur and Ors., : ILR2003KAR1896 . Hence, both the writ appeals were clubbed and heard together and they are being disposed of by this common judgment. These writ appeals are preferred by the management of the Vidyavardhaka Sangha, a society registered under the Societies Registration Act, 1860 and it runs several educational institutions in different parts of the State. The respondents in these two writ appeals, namely, M/s. Y.D. Deshpande and S.K. Joshi were appointed as Assistant Teachers to serve in the V.B. Darbar Pre-University College situate in Station Road, Bijapur in the years 1991 and 1992 respectively on purely temporary basis and subject to the approval of the Government. V.B. Darbar Pre-University College is an aided educational institution. The management sent up a proposal to the concerned governmental authorities on 20-8-...

S.K. AustIn and ors. Vs. the Corporation Bank Represented by Its Manag ...

Court: Karnataka

Reported in: ILR2005KAR5291; 2006(3)KarLJ350

Anand Byrareddy, J.1. The appellants herein had filed a Miscellaneous petition under Order IX Rule 13 of the Code of Civil Procedure, 1908 to set-aside the exparte Judgment and decree. The said miscellaneous petition was filed after a delay and hence, the petition was accompanied by an application seeking condonation of delay. The Trial Court had ordered notice to the respondent in the petition who had appeared before the court and field objections to the petition, as well as to the interim application seeking condonation of delay. Subsequently, when the interim application was listed for hearing, the Court has been pleased to reject the application for condonation of delay and consequently, the main petition. The appellant questions this action on the part of the trial Court and urges the following circumstance which according to the appellant, the Court below has failed to take in consideration, viz., that the service of summons in the Original Suit was by recourse to substituted ser...

Menon Ventures Vs. Birla 3m Limited

Court: Karnataka

Reported in: I(2006)BC408; [2005]127CompCas878(Kar); ILR2005KAR3167; 2005(5)KarLJ448

ORDERK. Ramanna, J.1. This petition is filed under Section 401 Cr.P.C. against the judgement and order of dismissal dated 4.4.2001 passed by the 13th Addl. Sessions Judge, Mayo Hall Unit, Bangalore, in Crl. A.No. 15016/ 2000 and to set aside the judgment and order of conviction dated 4.4.2001 passed by the 14th Addl. CMM, Bangalore, in CC.No. 25059/97 mainly on the ground that impugned order passed by both the trial Court as well as the learned Sessions Judge is illegal and contrary to law and the evidence on record. The Courts below have committed a serious error in law in ordering and convicting the petitioner/accused for an offence punishable under Section 138 of the Negotiable Instruments Act, as to whether the cheque admittedly issued as a collateral security would amount to a debt within the ambit of Section 138 of the Act without considering the averments of the complaint as admitted by the complainant, the petitioner accused issued cheque bearing No. 0011559 dated 22.7.1996 for...

Leelawwa W/O Hanamant Vajramatti, Vs. Karnataka Handloom Development C ...

Court: Karnataka

Reported in: I(2007)ACC815; 2007ACJ299

K. Sreedhar Rao, J. 1. Both the appeals arise out of the same accident.2. MVC No. 723/99 is filed by the mother and son of the deceased one Hanumanthappa Adivappa Vaj ramatti. 3. MVC No. 809/99 is filed by wife and two daughters of the deceased Hantamanthappa Adivappa Vajrarnatti, Both the cases pertain to death of same person and same cause of action.4. The mother and son of the deceased are petitioners in MVC No. 723/99. It is their case that the first petitioner in MVC No. 802/99 deserted the deceased Hanumanthappa Adivappa Vajramatti, converted to I slain got married to one Mohammed Souse, Out of the said wedlock petitioners 2 and 3 are born, Therefore, the petitioners in MVC No. 802/99 are not the legal heirs entitled to compensation.5. The petitioners in MVC No. 723/99 have produced Ex.P.S ration card. The oral and doetmentary evidence substantiate their contention to disable the petitioners in MVC No. 802/99 to seek compensation,6. Per contra, the counsel for the petitioners in ...

H.T. Ravi Vs. the Deputy Commissioner and ors.

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. Writ petition by warring persons with regard to the entries in the revenue records in respect of properties which the petitioner claims as a successor in interest to his father one Thopaiah whereas the respondent 3 claims interest through a Will executed by one Kalaiah, son of Thopaiah,2. There is considerable confusion as to who is Thopaiah and as to who is Kalaiah and who claims under which Thopaiah or Kalaiah as it appears that the third respondent's father's name is also Kalaiah and petitioner's father's name is Thopaiah, while Kalaiah who is said to have executed a Will under which the respondent 3 claims was also son of Thopaiah.3. The petitioner's grievance is that under the impugned order, entries in the revenue records are now allowed to stand in the name of the respondent 3 claiming to be under a Will which if at all is required to be demonstrated before a Civil Court and not before the revenue authorities.4. I have heard submissions of Sri Cha...

Commissioner of Wealth Tax Vs. Srikantadatta Narasimharaja Wadiyar

Court: Karnataka

Reported in: (2005)196CTR(Kar)585; [2005]279ITR226(KAR); [2005]279ITR226(Karn)

ORDERH.L. Dattu, J.1. Since in all these references the dispute between the assessee and the Revenue is of identical nature and they arise out of the same facts but pertains to different assessment years, namely, 1977-78 to 1986-87, we intend to dispose of these reference cases by this common judgment.2. A few relevant facts need to be noticed in order to appreciate the contentions raised and canvassed in these reference cases. They are :The assessee is Sri Srikantadatta Narasimharaja Wadiyar (Minor HUF). The assessment years are 1977-78 to 1985-86. Bangalore Palace was the private property of late Sri Jayachamarajendra Wodeyar, the former ruler of the princely State of Mysore. The total extent of Bangalore Palace is 554 acres or 1837365.36 sq. mt. It comprises of residential units, non-residential units and land appurtenant thereto, roads and masonary structures along the contour and the vacant land. The vacant land measures 11,66,377.34 sq. mt. Sri Jayachamarajendra Wodeyar expired o...

United India Insurance Co. Ltd. Vs. HussaIn Sab and ors.

Court: Karnataka

Reported in: IV(2006)ACC557

K. Sreedhar Rao, J.1. The petitioners in M.V.C. No. 139 of 1995 are the L.Rs. of deceased Babanbi and the petitioners in M.V.C. No. 142 of 1995 are the L.Rs. of the deceased Khasimbee who died in motor vehicle accident. The deceased were travelling in a lorry bearing No. CNR 3303. The occurrence of accident and negligence of the driver is not in dispute. The liability of the insurer is in dispute. Tribunal assessed the income of the deceased at Rs. 750 per month, applying multiplier of 17 awarded a compensation of Rs. 1,33,900 in M.V.C. No. 139 of 1995 and in M.V.C. No. 142 of 1995 compensation of Rs. 98,000 is awarded with interest at 6 per cent per annum from the date of petition till payment. Claims Tribunal directed that the compensation to be payable by the owner and the insurer of the lorry.2. The insurer has filed the appeals and the claimants have filed cross-objections seeking enhancement of the compensation. The petitioners contend that the deceased were getting back from pla...

S.C. Chandrappa Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: ILR2005KAR3637; 2005(4)KarLJ453

S.R. Nayak, J. 1. This writ appeal arises out of an application made by the appellant herein in Form 7-A under Section 77-A of the Karnataka Land Reforms Act, 1961 (for short, 'the Act'). The appellant claiming to be the tenant of agricultural lands comprised in Survey No. 263/3 measuring 11 guntas, Survey No. 263/4 measuring 3 guntas, Survey No. 326/1 measuring 10 guntas and Survey No. 335/6 measuring 18 guntas, all situate in Siddaghatta Village, K.R. Pet Taluk, Mandya District made an application in Form 7-A under Section 77-A of the Act. The Assistant Commissioner, Pandavapura Sub-Division who is the original authority, having conducted an enquiry by his order dated 17-7-2003 dismissed Form 7-A application filed by the appellant. Being aggrieved by the said order of the Assistant Commissioner, the appellant preferred Appeal No. 951 of 2003 to the Karnataka Appellate Tribunal, Bangalore (for short, 'the Tribunal'). The Tribunal, placing reliance on the judgment of the Division Bench...

Sri Pitambar M. Tandel Vs. Smt. Ashwini Ashok Naik and anr.

Court: Karnataka

Reported in: IV(2005)ACC841; ILR2005KAR4967

K. Sreedhar Rao, J.1. The Petitioners in MVC Nos. 233/98 and 235/98 have suffered personal injuries in a motor vehicle accident. The Tribunal awarded compensation of Rs. 41000/- in MVC 233/98 and Rs. 42000/- in MVC 235/98 with interest at 8% P.A., The Tribunal exonerated the liability of the insurer and directed the owner of the vehicle to pay the compensation. The owner is in appeal challenging the dismissal of the case as against the insurer. The respondent-insurer had filed an application under Order 41 Rule 27 r/w. Section 151 of CPC., for production of motor claim form submitted by the owner as additional evidence. The request is granted. Document taken on record as evidence.2. The owner has lodged FIR immediately after the accident. In the FIR, it is stated that his relative was taking the vehicle outside the compound and in that process caused injuries to the petitioners. The manner of accident in the claim form is stated that-'on 20.5.1998, my relative V. Krishnaraj T. Tandan w...

National Insurance Co. Ltd. Vs. Basavaraj Gadigeppa Goravankoll and an ...

Court: Karnataka

Reported in: AIR2006Kant67; 2006(4)KarLJ176

ORDERK. Sreedhar Rao, J.1. This Court in C.R.P. No. 2075/03 C/W. 2207/03 dated 1-8-2003 has given directions to all the trial Courts to ensure that in the pleadings, proper registered address and age of the parties is to be stated. It appears that there is no compliance of the directions. The improper address of the parties/respondents in appeal is causing undue delay in service of notice and undue strain on the administration to issue notices repeatedly.2. It is therefore directed that in the suit and in all the proceedings including in MVC cases, the trial Courts are directed to strictly instruct the scrutiny branch of the concerned Courts to insist mentioning of correct and proper address of all the parties in the proceedings and also the age of the parties. Until such correct address with age is given, the pleadings should not be entertained and no notice should be directed to the other side and no judicial order should be passed.3. The registry is directed to communicate this orde...