Karnataka Court November 2006 Judgments
Mrs. Lynette Fernandes W/O C.F.G. Fernandes Vs. Mrs. Gertie Mathias (S ...
Court: Karnataka
Decided on: Nov-30-2006
Reported in: 2007(2)KLJ413; 2007(2)KCCR1361; 2007(2)AIRKarR183; AIR2007NOC653
V. Jagannathan, J.1. Grant of probate in favour of the mother (Mrs Gertie Mathias) an 9.9.1960 in O.P. 26/60, was sought to be revoked by the daughter (Lynette Fernandes) in the year 1996 and the learned trial Judge rejected the application filed by the daughter, giving rise to this appeal, is the long and short of this case.2. The facts briefly stated are to the fact that one Mr. Richard P. Mathias was the testator who executed a will on 11.8.1959 bequeathing all his assets in favour of his wife Mr. Gertie Mathias and he died in Mangalore on 5.11.1959. The deceased left behind him his wife, two daughters and a son and the appellant herein is one of the two daughters. The executrix Mrs. Gertie Mathias filed a petition in O.P. 26/1960 for grant of probate and the trial Court did grant the probate in respect of the will Ex.A.1 on 9.9.1960. It is not in dispute that the entire family was residing at Mangalore and the appellant herein was born and brought up at that place and the deceased ...
Tag this Judgment!Dr. M. Padma W/O V. Pratap Vs. the Director, Kidwai Memoraial Institut ...
Court: Karnataka
Decided on: Nov-30-2006
Reported in: 2007(2)KLJ270; 2007(1)AIRKarR623
ORDERD.V. Shylendra Kumar, J.1. Writ petition by a person who is working as Lecturer in Department of Medical Oncology in the first respondent Kidwai Memorial Institute of Oncology, Bangalore, complaining that she has bee discriminated by her employer in the matter of according promotion to the post of Associate Professor in the subject of Medical Oncology. The petitioner is aggrieved by the issue of Office Memorandum dated 26-9-2002 [copy at Annexure-F to the writ petition], issued by the first respondent, according promotion to as many as 17 persons to different posts of professor and associate professors in so far as it relates to the promotion given to Dr. K. Govinda Babu, figuring at Sl. No 13 of the list annexed to this office memorandum and impleaded as third respondent to this writ petition and also the promotion accorded to Dr. D. Lokanath, figuring at Sl. No 14 of the list and impleaded as second respondent to this writ petition, promoting them to the post of Associate Profes...
Tag this Judgment!Balaji Produce Company a Partnership Firm Registered Under the Indian ...
Court: Karnataka
Decided on: Nov-29-2006
Reported in: ILR2007KAR433; 2007(2)KarLJ39; 2006(4)KCCR2645; 2007(1)AIRKarR635; AIR2007NOC427; AIR2007KantNOC716; 2007(3)CivilLJ126
V. Jagannathan, J.1. These two appeals, though posted for admission, are taken up for final disposal with the consent of both sides and as they arise out of common order, they are being disposed of by this common judgment.2. The appellant, a partnership firm, is the holder of mining lease bearing M.L.No. 2208 dated 18.12.1995 granted by the State Government over an area of 184 acres of land in S.Nos. 12 and 13 of Gollarahalli Village and S.No. 130 of Honnebagi Village, Chikkanayakanahalli Taluk, Tumkur District, and the period of tease is twenty years from 18.12.1995 to 17.12.2015.3. In order to extract, lift and transport the minerals (iron and manganese ore), the appellant entered into an agreement with M/s Shakthi Enterprises, but the said agency did not lift any material. The appellant then entered into an agreement with M/s Uma Minerals, represented by its proprietor D.M. Shankar, for lifting and transporting the iron ore. The agreements entered into with M/s Shakthi Enterprises a...
Tag this Judgment!Jodharam, S/O Ranaji Ramji Vs. Smt. Jagnmathamma, W/O Late S. Sharanab ...
Court: Karnataka
Decided on: Nov-29-2006
Reported in: ILR2007KAR379; 2007(2)KLJ216; 2007(1)KCCR614; 2007(1)AIRKarR663; AIR2007NOC718; 2007(3)CivilLJ140
K. Bhakthavatsala, J.1. This is defendant's Appeal directed against judgment and decree dated 4.11.2003 made in RA No. 49/02 on the file of the Civil Judge (Sr. Divn.) at Hospet.2. The brief facts of the case leading to the filing of the Appeal may he stated as under:The respondent/plaintiff-widow fifed a Suit in OS No. 136/1999 against the appellant/defendant contending that after the demise of her husband-Sharana Basaiah, she became absolute owner of the suit premises and the defendant is the tenant in occupation of the suit premises on a monthly rent of Rs. 1,600/- and running a business in the name and style of M/s. Ramdev Fancy Stores. Initially, an agreement of tenancy for 11 months was entered in the year 1995-96. After the expiry of the said period, the plaintiff requested the defendant to vacate and deliver vacant possession of the suit premises. The defendant promised the plaintiff that he would vacate the suit premises after shifting his business to his own premises, but he ...
Tag this Judgment!The New India Assurance Company Ltd., Chitradurga Branch Represented b ...
Court: Karnataka
Decided on: Nov-29-2006
Reported in: 2007ACJ1761; ILR2007KAR533; 2007(3)KarLJ253; ILR2007(1)Kar533; 2007(3)KLJ253; 2007(1)KCCR736; 2007(2)AIRKarR288; AIR2007NOC949
N. Kumar, J.1. This appeal is preferred by the insurance company challenging the award of the Tribunal where under the liability to pay the compensation has been foisted on them.2. The facts in brief which led to this appeal are as under:R. Thippeswamy, the claimant was working as a cleaner in the passenger bus bearing registration No. KA16 A 8889 owned by the third respondent, Smt Geetha. On 14.6.2000 in the course of his employment as a cleaner, he got down from the bus and was regulating the movement of the people in front of the bus. At that time the driver of the bus suddenly moved the bus resulting in running of the left front wheel of the bus over the right foot of the claimant. Therefore, he preferred the claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming a compensation of Rs. 3,60,000/-. To the said claim petition he made the owner and the driver of the bus and the insurance company which had insured the bus as party-respondents. The owner and the driver...
Tag this Judgment!Smt. Juliebai W/O Blaise Fernandes Represented by Her Gpa Holder Sri N ...
Court: Karnataka
Decided on: Nov-29-2006
Reported in: ILR2007KAR161; 2007(2)KarLJ98; 2007(1)KCCR62; 2007(1)AIRKarR619
S. Abdul Nazeer, J.1. The petitioner is the owner of the land bearing Sy.No. 3/1 measuring 7 guntas 8 annas of Honnavar, U.K. District. The 3rd respondent had made an application, seeking grant of occupancy rights to an extent of 3 guntas of land from out of the aforesaid 7 guntas 8 annas of land. The Land Tribunal, by its order dated 17.9.1985 rejected the application on the ground that the land in question is not an agricultural land. The petitioner challenged the said order before this Court in W.P.20771/1993 This Court by order dated 22.11.1996 rejected the said writ petition holding that the land in question is situated within the city municipal limits of Honnavar and that it is not a 'land' as defined under the Karnataka Land Reforms Act. The 3rd respondent filed an appeal challenging the said order before this Court in WA. No. 92/1997, which was also dismissed on 21.09.1998. The Division Bench has held thus:10. The Legislature made a distinction between an agricultural land and ...
Tag this Judgment!imagic Creative (P) Ltd. Rep. by Its Managing Director M.S. Dileepan V ...
Court: Karnataka
Decided on: Nov-29-2006
Reported in: (2008)12VST366(Karn); 2007(2)KCCR881; 2007-08(5)VATToday83(DB)
1. M/s. Imagic Creative (P) Limited is before us, seeking answers to the following questions of law framed in paragraph 11 of the appeal memo:1. Whether on the facts and in the circumstances of the case the order of the authority under Section 4 of the Act that the entire value of the consolidated bills are liable to tax under the Act is in accordance with law?2. Whether on the facts and in the circumstances of the case any part of the consideration as per the consolidated bills consisting of various components ultimately resulting in advertisement material amounts to consideration for 'goods' within the meaning of that term under the Act?3. Without prejudice and in the alternative and on the facts and in the circumstances of the case whether that part of the consideration in the consolidated bill relating to the activities up to the stage of emergence of the prototype/design is liable to tax under the Act?4. Whether on the facts and in the circumstances of the case the order of the au...
Tag this Judgment!K. Shivalingaiah Vs. the Hon'ble Minister for Food and Civil Supplies ...
Court: Karnataka
Decided on: Nov-29-2006
Reported in: 2007(1)KarLJ454; ILR2007(1)Kar399; 2007(1)KCCR66
ORDERMohan Shantanagoudar, J.1. Sri B. Veerappa, learned A.G.A., is directed to take notice on behalf of the respondents-1 and 3. Heard the learned advocates on both sides and perused the material on record. With consent of the parties, the matter is heard finally.2. By filing this writ petition, the petitioner has sought for quashing the order dated 26.10.2006 passed by the Respondent-1 vide Annexure-A. By the impugned order, the 1st Respondent-Revisional Authority stayed the operation and implementation of the order dated 06.10.2006 passed by the 3rd respondent-Original Authority and ordered to continue with the alternative arrangement made on 31.03.2004, to distribute the food grains to cardholders by entrusting the same to Yeliyuru Vyavasaya Seva Sahakara Sangha Niyamitha, Panakanahalli ('VSSN' for short).3. The records disclose that the petitioner herein was granted an authorisation to run Fair Price Shop situated at Thandasanahalli village, M.G. Layout, Mandya Taluk. Based on the...
Tag this Judgment!Tech India Industries Rep. by Its Partner Shri Mohammad Anwar S/O. Lat ...
Court: Karnataka
Decided on: Nov-29-2006
Reported in: ILR2007KAR1101; (2008)12VST447(Karn); 2007(3)KCCRSN147(DB)
1. At our instance, Smt. S. Sujatha, learned Additional Government Advocate is to accept notice for the respondents.2. The matter is taken up for final disposal with the consent of the learned Counsel for the parties.3. The appellant supplies fabricated steel items like window grills and door frames to M/s. Karnataka Land Army Corporation, Bangalore (for short, 'M/s. KLAC). The levy of tax at 4% is made over by the assessee in the light of issue of Notification in terms of Section 8A of the Karnataka Sales Tax Act (for short, 'the Act'). The Assessment Order was passed by the authority, accepting the applicability of the conditional notification. Thereafter, those orders were reopened under Section 12A of the Act by the Deputy Commissioner of Commercial Taxes. Notice was issued. The matter was heard. An adverse order was passed for payment of enhanced sales tax by the assessee. The assessee filed an appeal. The Appellate Authority allowed the appeals. Noticing allowance of appeal, the ...
Tag this Judgment!National Insurance Co. Ltd. Represented by Its Administrative Officer ...
Court: Karnataka
Decided on: Nov-29-2006
Reported in: 2007ACJ2466
V. Jagannathan, J.1. This appeal by the Insurance Company is directed against the order passed by the Commissioner for Workmen's Compensation, Bijapur, ordering the appellant herein to pay compensation of Rs. 86,112/- to R-1 claimant. The main contention urged in the appeal as well as in the course of the argument by the learned Counsel for the appellant is that the claimant was not 'dependent' within the meaning of Section 2(d) of the Workmen's Compensation Act, 1923 (the Act' for short) and, as such, the Commissioner was in error in putting the liability on the appellant to pay compensation to R-1 claimant.2. Elaborating the contentions urged as above, it was submitted that there is no dispute with regard to the date of accident or with regard to the fact of the younger brother of the (sic) succumbing to the injuries caused in the accident, but the only question is whether the claimant can be said to be the dependent of the deceased so as to be eligible for compensation under the Act...
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