Karnataka Court September 2005 Judgments
Nagappa Mallappa Bandi Vs. Shivraj
Court: Karnataka
Decided on: Sep-21-2005
Reported in: AIR2006Kant229
ORDERAjit J. Gunjal, J.1. 'The subject of traditions of the Bar has, quite unfortunately, came to be associated with certain indelicate assumptions that the best traditions of the Bar are mere myths and the illusions of be gone time and a nostalgia of a nineteenth century pradery. I venture, more hopefully, to think that the great traditions of the Bar have sustained the profession of law which every civilised society cherishes as part of a very valuable inheritance. The high traditions of the Bar are springs of strength and sustenance in its days of trial. The profession of the lawyer is perhaps the single most powerful instrument for the protection of the liberty of man and the decencies of civilised living' - Hon'ble Mr. Justice M. N. Venkatachalaiah.2. This preface is required, as the subject matter of the present proceedings would involve a delicate question where a practicing Counsel, who is a party to the proceeding can represent himself when the advocate representing him contin...
Tag this Judgment!United India Insurance Co. Ltd. Vs. B.P. Poovavva and ors.
Court: Karnataka
Decided on: Sep-21-2005
Reported in: III(2006)ACC735
K. Sreedhar Rao, J.1. The deceased in M.V.C. No. 402 of 1993 is one Palangappa. The mother and sisters are petitioners. The Tribunal awarded compensation of Rs. 1,81,200 with interest at 6 per cent from the date of petition till payment. The Tribunal directed the owner and the insurer to pay the compensation. The insurer is in appeal seeking avoidance of liability on the ground that the policy of insurance issued has been validly cancelled and that there was no policy as on the date of the accident to fasten liability on the insurer. This Court in M.F.A. No. 5071 of 1999 set aside the order of the Tribunal and remanded the matter for fresh disposal in accordance with law.2. The insurer has let in evidence before the Tribunal after the order of the remand. Petitioner has produced copy of the policy at Exh. R3. The cover note is marked at Exh. R1. It is contended that the policy is cancelled, but the insurer has not led any evidence to prove the fact of cancellation. Rule 10 of the Third...
Tag this Judgment!V. Sayeesh Vs. V.B. Dharmaiah Gowda and anr.
Court: Karnataka
Decided on: Sep-20-2005
Reported in: ILR2005KAR5325; 2005(6)KarLJ287
1. Since both the above appeals are directed against the same judgment and decrees dated 14-11-2003 passed in O.S. Nos. 177 of 1997 and 165 of 1998 on the file of the Civil Judge (Senior Division), Chickmagalur, both the appeals were clubbed, heard together and they are being disposed of by this common judgment.2. The appellant in R.F.A. No. 253 of 2004 is defendant 2 in O.S. No. 165 of 1998, whereas, the appellant in R.F.A. No. 254 of 2004 is the plaintiff in O.S. No. 177 of 1997. The ranks of the parties have been referred to in this judgment with reference to the ranks assigned to them in the suit.3. In R.F.A. No. 253 of 2004, respondent 1 is the plaintiff, respondent 2 is defendant 1 in O.S. No. 165 of 1998. In R.F.A. No. 254 of 2004, the 1st respondent is defendant 1, 2nd respondent is defendant 2 in O.S. No. 177 of 1997. In both the suits, the relief of declaration and injunction was sought. The plaintiff in O.S. No. 177 of 1997 is defendant 2 in O.S. No. 165 of 1998 and defendan...
Tag this Judgment!Shetty's Construction Company Private Limited Vs. Krishna Bhagya Jala ...
Court: Karnataka
Decided on: Sep-20-2005
Reported in: IV(2006)BC357; 2005(6)KarLJ301
S.R. Nayak, J1. The writ petitioner being aggrieved by the order of the learned Single Judge dated 15th April, 2005 passed in W.P. No. 4325 of 2005 and W.P. No. 45323 of 2004 has preferred this writ appeal. The facts of the case as set out by the appellant, in brief, are as follows.--The appellant is a Private Limited Company registered under the provisions of the Companies Act. The appellant is carrying on the construction works and is a registered Class I (LCB) contractor. The appellant completed several major projects of various Governments as well as the first respondent. The first respondent is a Government of Karnataka undertaking established exclusively for harnessing the Krishna River Water and for construction of dams and canals for irrigation of lands. Pursuant to a tender notification, the contract of construction of Branch distributary of NRBC distributary No. 15 including lining of C.D. works from KM. 7 to 26.340 and sub-branch distributary of NRBC distributary No. 15 from...
Tag this Judgment!V.A. Abdul Khader and ors. Vs. State of Karnataka by the S.i. Virajpet ...
Court: Karnataka
Decided on: Sep-20-2005
Reported in: ILR2005KAR6069; 2006(5)KarLJ422
ORDERMohan Shantana Goudar, J.1. Heard Sri Khaleel Khan, learned Counsel appearing for the petitioners and Sri G. Bhavani Singh, learned SPP appearing for the respondent and perused the material on record.2. Petitioners, being accused in Crime No. 127/05 of Virajpet Police Station, registered for the offences punishable under Sections 3(f), 6(A) & 7 of the Essential commodities Act, 1955, have sought for quashing the proceedings.3. Case of the prosecution, as could be seen from the complaint is that, petitioner No. 1 and 3 are the owners of the fair price shops i.e. Ration shops and are entrusted with the work of distribution of essential commodities to the public at large through Public Distribution System. Petitioner No. 2 is the owner and the driver of the lorry in which 30 bags of essential commodities belonging to Public Distribution System allotted to shops of petitioners 1 and 3 are being transported to Gonikoppa village for the purpose of selling in the open market. In other wo...
Tag this Judgment!Cref Finance Limited Vs. Sri Shanthi Homes Private Ltd. Company and or ...
Court: Karnataka
Decided on: Sep-20-2005
Reported in: AIR2006Kant54; ILR2006KAR528; 2006(5)KarLJ69
ORDERAjit J. Gunjal, J.1. The petitioner is the plaintiff and respondents 1 to 3 are defendants 1 to 3 in O.S. No. 15045/2001. The said suit is filed to recover a sum of Rs. 19,33,74,411/- jointly and severally from respondents and others along with interest at the rate of 30% p.a. and all other consequential reliefs. Suffice it to say that the proceedings had a checkered career.2. The facts giving rise to the present proceedings could be summarised as follows:In terms of certain Memorandum of Understanding dated 29.9.1995, the petitioner had paid a sum of Rs. 3.52 crores to the 1st respondent and an additional sum of Rs. 2.88 crores to the 3rd respondent in all aggregating to Rs. 6.40 crores. In terms of the said agreement between the parties, the respondents were not in a position to develop the immovable properties agreed to be sold under the said Memorandum of Understanding the respondents who are the defendants would refund the said amount paid by the petitioners together with int...
Tag this Judgment!S.S. Shet Kimson Vs. the Chief Commissioner of Income-tax and ors.
Court: Karnataka
Decided on: Sep-19-2005
Reported in: 2005(6)KarLJ475
S.R. Nayak, J. 1. This writ petition filed under Articles 228 and 227 of the Constitution of India, is directed against the order of the Central Administrative Tribunal, Bangalore Bench, Bangalore (for short, 'the Tribunal'), dated 31st March, 1995 passed in Original Application No. 2100 of 1995. In O.A. No. 2100 of 1995 filed by the petitioner herein, he sought for the following reliefs:'(i) to issue a writ of certiorari or order or direction or any other writ, quashing the order F. No. 222(14)/1995-96/CCIT/Vol. VIII, dated 26-5-1995 (Annexure-C) of the Board and order dated 31-3-1998 in O.A. No. 2100 of 1995 (Annexure-D) of the Central Administrative Tribunal rejecting the claim of the petitioner as illegal and unjust;(ii) to direct the respondents to step up the pay of the petitioner on par with that of his junior with effect from the date the junior got the higher pay i.e., 16-8-1979;(iii) to grant him all consequential benefits including upward revision of retiral benefits;(iv) to...
Tag this Judgment!Smt. Papamma Vs. the Deputy Commissioner and ors.
Court: Karnataka
Decided on: Sep-19-2005
Reported in: ILR2005KAR5777; 2006(4)KarLJ330
ORDERD.V. Shylendra Kumar, J.1. Writ petition is by a person, who claims to have purchased a piece of agricultural land in terms of a sale deed dated 9.3.1995. It is claimed that the petitioner had filed an application before the revenue authorities praying for transfer of katha in terms of the application. The Tahsildar had received the records from the Office of the Sub-Registrar by then and also received the intimation of the factum of registration of such a document before the concerned authority, the authority had issued notices in Form-D to the entries and concerned persons and it turned out that there were several disputes including the identity of the person executing the very document itself, as it appears that there were two Sanna Boraiahs involved and as to who had executed the sale deed in respect of what land etc there was considerable confusion. The Tahsildar while ventured upon to pronounce that the validity of the sale deed registered in terms of Annexure-A SR.No. 2527/...
Tag this Judgment!Smt. Lakshamma and ors. Vs. B.P. Thirumala Setty and ors.
Court: Karnataka
Decided on: Sep-19-2005
Reported in: ILR2005KAR5599
ORDERManjula Chellur, J.1. The petitioner in HRRP 454/02 and 455/02 is none other than the tenant under the respondent landlord at premises No. 609, V. Main, (Sanchi Honnamma Road), Pipe Line, Srinagar, Banashankari I Stage, I Block, Bangalore-50. The entire premises consists of two non-residential and one residential portions. The petitioner is a tenant in respect of a non-residential premises taken on lease for the purpose of conducting tuition. The brief facts that led to filing of these revisions petitions are as under:2. The respondent-landlord has instituted HRC Petition 10115/00 Under Section 21(1)(a) and (h) of the Karnataka Rent Control Act i.e. on the ground of tenant being a chronic defaulter and also for bonafide and reasonable occupation on the ground that his brother is no more and he has to provide accommodation to the wife and children of his brother. In the adjacent portion itself, the petitioner is living along with his wife. Earlier, HRC 437/94 was instituted against...
Tag this Judgment!New India Assurance Company Limited and anr. Vs. Shankar and anr.
Court: Karnataka
Decided on: Sep-19-2005
Reported in: II(2006)ACC306; 2006ACJ685; 2006(1)KarLJ309
Anand Byrareddy, J.1. This appeal is by the Insurance Company challenging the award of the Commissioner for Workmen's Compensation. The claim was in respect of an accident involving the use of an autorickshaw. The vehicle had turned turtle and the driver was injured. There was no dispute by the insured that the driver had suffered an employment injury in the course of and arising out of employment. The wage of the workman was however disputed. The insurer, the appellant herein, while admitting that the vehicle was insured and that the policy was in force, however, claimed that its liability was subject to the terms of policy. The percentage of disability to the workman on account of the injuries was assessed by the Medical Practitioner at 40 to 45%. The Commissioner however, has held that the percentage of loss of earning capacity is 100% and has awarded compensation accordingly.2. The substantial question of law raised by the appellant is: whether the loss of earning capacity taken at...
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