Karnataka Court September 2005 Judgments
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Laxmegowda S/O Ramegowda and Harish S/O Laxmegowda Minor Rep. by His F ...
Court: Karnataka
Decided on: Sep-15-2005
Reported in: 2007(1)KarLJ331
K. Sreedhar Rao, J. 1. The deceased in M.V.C. 2669/95, one Sarojarnina an inmate of the lorry died in a motor vehicle accident. The petitioners are the husband and son. the Tribunal awarded compensation in a sum of Rs. 1,16,000/- with interest at 6% p.a. from the date of petition till payment and directed the owner and insurer to pay the same. The petitioners are in appeal seeking enhancement.2. The deceased was a housewife and agriculturist. The income of the deceased is stated to be Rs. 900/- p.m. AS per the unit system, Rs. 300/- is to be defrayed towards personal expenses.3. The total loss of dependency would be Rs. 1,08,000/- (600 x 10 x 12). The 1st petitioner is entitled to Rs. 10,000/- for loss of consortium and the petitioners are entitled to Rs. 10,000/-towards loss of expectancy, Rs. 3,000/- towards medical expenses and Rs. 3,000/- towards funeral expenses; in all, petitioners are entitled to Rs. 1,31,000/- with interest at 6% p. a. from the data of petition till payment as ...
Sharadamma Vs. Sharad G. Jadav and anr.
Court: Karnataka
Decided on: Sep-13-2005
Reported in: AIR2005Kant445; ILR2005KAR5048; 2005(6)KarLJ284
Anand Byrareddy, J.1. The present appeal is filed against an order passed by the Trial Court under Order XI Rule 21 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' for brevity) striking off the defence of the appellant before the Trial Court2. The brief facts as are relevant for the disposal of the appeal, are as follows:The plaintiffs suit is for a declaration and mandatory injunction as regards a sump built by the appellant on his premises abutting the respondent's property. The defendant had filed her written statement and objections to the interlocutory application filed by the respondent. It transpires that the respondent had issued a notice purportedly under Order XI Rule 1 CPC calling upon the appellant to produce documents mentioned in the said notice. The defendant had not responded to the notice. Hence, the respondent had moved the Trial Court for an order under Order XI Rule 21 CPC on the ground that the appellant had failed to respondent to the notice...
Union of India (Uoi) Vs. S.M. Nagaraj
Court: Karnataka
Decided on: Sep-13-2005
Reported in: [2006]129CompCas526(Kar); [2006]69SCL40(Kar)
Anand Byrareddy, J.1. There is a delay of 122 days in riling the appeal. The contention on behalf of counsel for the appellant is that the delay is in fact less than 122 days and having regard to the fact that communication of the order of the Tribunal was in fact received in the office of the appellant only as on May 29, 2003 and the covering letter indicating the actual date of communication not being available on the date of filing of the appeal, the same is produced along with the application and that it is possible for the appellant to demonstrate that the appeal filed is in fact within 122 days. However, having regard to section 35 of the Foreign Exchange Management Act, 1999, it is clear that this court would not have jurisdiction to condone the delay in excess of 120 days from the date of the order.Section 35 of the Foreign Exchange Management Act, 1999, reads thus : 35. Appeal to High Court.-Any person aggrieved by any decision or order of the Appellate Tribunal may file an ap...
Smt. Lalitha Kariappa Rai and ors. Vs. Smt. Sanjeevi and ors.
Court: Karnataka
Decided on: Sep-13-2005
Reported in: AIR2006Kant25
Huluvadi G. Ramesh, J.1. This appeal is by the appellants in FDP. No. 5/90 arising out of O.S. No. 122/89 and also being aggrieved by the judgment and decree passed by the learned Civil Judge Sr. Dn., Puttur, in R.A. No. 79/ 91. The appellants had filed O.S. No. 12.2/ 89 before the Principal Munsiff Puttur, against the respondents to enforce charge on the B schedule property by way of sale of B schedule property and to recover a sum of Rs. 16,842/- as annuity for the period from 1982 to 1987 and for future interest and cost of the suit.2. According to the plaintiffs, partition deed dated 5-9-1949 was effected in the family of Seethu Hengsu, Subbakke, Kunhappa Rai and Chennamma and B schedule properties along with other properties were allotted to the share of Kunhappa Rai who settled the same in favour of the first defendant and on subsequent partition, property now vests with the defendants. As per the 1949 partition, allottees of B schedule properties were liable to pay annuity of 20...
M. Venkatappa Vs. Bangalore Mahanagara Palike and anr.
Court: Karnataka
Decided on: Sep-12-2005
Reported in: ILR2005KAR5042; 2005(6)KarLJ193
ORDERB.S. Patil, J.1. Petitioner has challenged the articles of charges dated 19.04.2001 issued to him vide Annexure-E by the 2nd respondent and all other proceedings initiated pursuant thereon. It is the case of the petitioner that he was working as an Education Officer in the 1st respondent-Bangalore Mahanagara Palike. Disciplinary proceedings were initiated against the petitioner alleging that he failed to follow the prescribed rules and procedures in awarding contract for supply of ties because of which article of charges dated 13.03.2000 came to be issued and an enquiry was conducted. The allegations made against the petitioner were:a) that he failed to verify whether the firm Roopa Enterprises in whose favour the contract was awarded possessed KST and CST registration.b) that he failed to invite tenders for the supply of ties though the amount involved was more than Rs. 10 lakhs.c) that the petitioner did not take the approval of the Commissioner for issue of quotation and did no...
L.G. Gautham Vs. Union of India (Uoi) and ors.
Court: Karnataka
Decided on: Sep-12-2005
Reported in: 2005(6)KarLJ263
ORDERS.R. Nayak, J.1. The petitioner herein, before the Central Administrative Tribunal, Bangalore Bench, Bangalore (for short, 'the Tribunal'), assailed the action of the respondents in not selecting him to the post of Auditor, selection and appointment of the 5th respondent to the post of Auditor and selection and appointments of respondents 6 to 8 to the post of clerks. The Tribunal has dismissed the Original Application No. 571 of 2000 filed by the petitioner by its order dated 6th February, 2002 and the same is impugned in this writ petition.2. The Accountant General (Audit) I and II by issuing Employment Notification published in the Employment News dated 28-12-1996 - 3-1-1997 invited applications from Indian citizens of outstanding achievements in the field of sports for appointment to one post of clerk and four posts of auditors to serve in the office of the Accountant General (Audit) I and II. In pursuance of that notification the petitioner; 5th respondent and one B.M. Bellia...
Smt. Baby Selvi W/O S. Dhanasekarana and ors. Vs. Sri. G. Kannaiaha Na ...
Court: Karnataka
Decided on: Sep-12-2005
Reported in: 2007ACJ200
K. Sreedhar Rao, J.1. The deceased in MVC No. 324/91 is one Dhanasekahran died in the motor vehicle accident, Wife and children and the mother of the deceased are the petitioners. The deceased was working as driver in Mineral Exploration Corporation. A public sector undertaking. The deceased was getting salary of Rs. 1280/- p.m. As per unit system Rs. 322/- to be defrayed towards personal expenses. The total loss of dependency would be Rs. 960 x 12 x 15 multiplier). The first petitioner is entitled to Rs. 10000/- towards loss of consortium, the petitioners together entitled to Rs. 10000/- towards loss of expectancy and Rs. 3000/- towards loss of funeral expenses.2. In all, the petitioners are entitled to a total condensation of Rs. 1,95,000/- with interest at 6% from the date of the petition till payment as against Rs. 1,21,000/- awarded lay the Tribunal. The enhanced condensation shall be paid equally to the petitioners No. l to 4.3. The petitioner while boarding the bus, fell down an...
Abdul Khaleel Vs. B. Krishnamurthy and ors.
Court: Karnataka
Decided on: Sep-12-2005
Reported in: III(2006)ACC818
K. Sreedhar Rao, J.1. The petitioner in M.V.C. No. 1885/95 sustained personal injuries in a motor vehicle accident. The Tribunal has awarded compensation of Rs. 1,30,000 with interest at 6% from the date of petition till payment and directed the owner and driver to pay the compensation. The claim against the insurer is dismissed. Hence, the owner is in appeal.2. The petitioner was inmate of the tractor-trailer at the time of accident. The petitioner has categorically stated in his evidence that he was travelling only as a gratuitous passenger. The appellant/owner has cross-examined the petitioner to show that he was employed as a coolie for the purpose of loading and unloading of bricks. Despite the specific question put in this regard to the petitioner, he has categorically denied the same and stated that he is a friend of the owner and to accompany him, he was travelling in the tractor-trailer. The criminal case records are marked at Exts. R-l to R-6. Ext. R-l is the First Informatio...
B.M. Sukumar Shetty, Managing Trustee, Kollur Mookambika Temple and or ...
Court: Karnataka
Decided on: Sep-09-2005
Reported in: ILR2005KAR5241; 2005(5)KarLJ481
H.N. Nagamohan Das, J.1. India is a land of religious and temples. The Anthropological Survey of India published the series 'Peoples of India' describing the Indian society, culture and traditions. Some of the main conclusions of the survey is as under:(i) Ours is one of the most diverse countries in the World. There are 4,635 ethnic communities in our country, each with its own hereditary features, language, dress, religious, customs, food habits, family relations and marriage rites. The basic lifestyles of these communities comprise the mainstream of the lives of our country's people;(ii) The people of India have emerged from miscegenation of several races like Proto-Australoid, Paleo-Mediterranean, Caucasoid, Negroid and Mongoloid. Various nationalities involved are: Aryans, Persians, Greek, Huns, Arabs, Turks, Africans, Mongolians and Europeans. There has been so much intermingling that nowhere can one find a 'pure' specimen of any nationality;(iii) It has been observed that differ...
The Manager, Oriental Insurance Company Limited Vs. Gurusiddappa Hallu ...
Court: Karnataka
Decided on: Sep-09-2005
Reported in: 2006(1)KarLJ123
S.R. Nayak, J.1. In view of the larger Bench judgment of this Court in the case of Gurushanth Pattedar v. Mahaboob Shahi Kulburga Mills, Gulbarga and Anr., : AIR2005Kant377 . this writ appeal preferred against the order of the learned Single Judge dated 6th December, 2004 passed in W.P. No. 33935 of 2004, is not maintainable. The above writ petition should be regarded as the one essentially filed under Article 227 of the Constitution of India invoking the power of superintendence of this Court under Article 227 of the Constitution. However, it is contended by the learned Counsel for the appellant that since the order of the learned Single Judge suffers from an error of law apparent on the face of the record, writ appeal is maintainable in terms of the observation made by the larger Bench in paragraph 4 of the judgment. Learned Counsel for the appellant would specifically draw our attention to the following observation of the larger Bench in support of his submission:If in addition to t...
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