Karnataka Court November 2006 Judgments

Bharat Conductors Pvt. Ltd. Repr. by Its Managing Director Mr. Dinesh ...

Court: Karnataka

Reported in: 2007(2)ARBLR490(Kar); 2007(1)KarLJ408; ILR2007(2)Kar1837; 2007(1)KCCR375; 2007(1)AIRKarR442; AIR2007NOC390(DB)

1. These two Miscellaneous First Appeals arise out of a common order dated 15-12-2000 passed in Arbitration Case No. 40/94. By that order, the Court rejected the petition filed by the Arbitrator under Section 14 of the Arbitration Act of 1940 (now repealed) and remitted back the matter to the Arbitrator for re-determination. While the Appellant in the first appeal is aggrieved by the rejection of the petition of the appellant by the Arbitrator, the Appellant in the second appeal is aggrieved by the remand order.2. Mr. Chandranath Ariga, learned Counsel for the appellant in the first appeal relied upon the decision reported in AIR 1963 SC 1677 (Smt. Santa Sila Devi v. Dhirendra Nath Sen) and contended that the finding of the learned Judge of the Civil Court that non-consideration of Issues 14, 15 and 16 by the Arbitrator and passing the Award amounts to 'misconduct' under Section 30 of the Arbitration Act, is wholly untenable in law. On this ground alone, according to the learned Counse...

H.N. Jayachandra Reddy S/O Narayana Reddy Vs. M.V.S. Nanjappa S/O Venk ...

Court: Karnataka

Reported in: ILR2007(2)Kar2181; 2007(3)KCCR2009; 2007(4)AIRKarR482

K. Sreedhar Rao, J.1. Son of the plaintiff one Mahadeva Babu (hereinafter called 'RC holder') was the owner of the lorry bearing No. MYA 6526. State Bank of India had financed loan for purchasing the vehicle and there was hire purchase agreement between R.C. holder and the Bank. RC holder was unable to make profit from the lorry, therefore, entered into agreement with the defendant to ply the lorry. The possession of the lorry was delivered to the defendant along with R.C. book and insurance certificate. The defendant per contra states that a sum of Rs. 10,000/- was advanced to the RC holder. In consideration of which, the vehicle was delivered to the possession of the defendant with some terms and conditions as security for the amount advanced. The defendant alleged to have parked the vehicle in front of his house on the night. On the next day morning, he finds that the vehicle was missing. He suspects the plaintiff and the RC holder have stealthily taken away the vehicle. A complaint...

Analytica (India) Private Limited a Company Incorporated Under the Com ...

Court: Karnataka

Reported in: ILR2007KAR118; 2007(2)KarLJ108; 2007(2)KCCR52; 2007(1)AIRKarR508; AIR2007NOC423; 2007(3)CivilLJ201

ORDERN. Kumar, J.1. The petitioner is seeking for appointment of Arbitrator to resolve the dispute, which has arisen between the parties to the proceedings.2. The petitioner is a Private limited company incorporated under the provisions of Companies Act having its registered office at No. S-118, 6th Main Road, Annanagar, Chennai, India. It is in the business of development of software design and support services. Respondent No. 1 is a company incorporated and existing under the Laws of United States having its registered office at No. 873, West Boulevard Hartford, CT 06015. The second respondent is the Chief Executive Officer of the first respondent company. The petitioner entered into written agreements executed on 1st April 2001 and 1st September 2002 with respondent No. l for providing certain software design and development and support services. Clause 15 of the said agreement deals with Arbitration and further it is stated that the venue of Arbitration shall be Bangalore. Annexure...

The Branch Manager, United India Insurance Co. Ltd. Now Rep. by Its Re ...

Court: Karnataka

Reported in: 2007ACJ718

V. Jagannathan, J.1. In this appeal, the questioTN-2006-2341.bgmn for consideration is whether the death of one Velayudhan following heart attack can be attributed to an accident arising out of and in the course of his employment. The appellant-Insurance Company is aggrieved by the order of the Commissioner for workmen's Compensation, Madikeri, in holding that the deceased died during the course of employment.2. The learned Counsel for the appellant Shri A.N. Krsihnaswamy submitted that it is an admitted fact that the deceased though was a driver by occupation, vent home as he had a pain in the heart and there afterwards, he was taken to the hospital where he died out of heart attack. Both sides had not disputed this aspect of the matter, but the question is whether the death which occurred in the hospital could be linked to the employment of the deceased under 5th respondent.3. The learned Counsel for the appellant/insurance company referring to the decision of the Apex Court reported...

B.R. Jayanth S/O Late Rama Bhatt, Vs. the State of Karnataka, Rep. by ...

Court: Karnataka

Reported in: 2006(6)KarLJ623; 2007(1)AIRKarR283; AIR2007NOC264

ORDERB.S. Patil, J.1. Petitioners are the members of the Zilla Panchayat, Shimoga. They have filed this writ petition challenging the guidelines dated 18.07.2006 issued by the 3rd Respondent-Director of Rural Infrastructure & Ex-Officio Deputy Secretary to the Government, Department of Rural Development & Panchayathraj.2. As per the impugned guidelines, the Chief Executive Officers of all the Zilla Panchayats in the State have been informed of a further amendment to the guidelines dated 01.04.2006 as amended on 11.05.2006 and 26.05.2006. The amendment now proposed by the impugned guidelines dated 18.07.2006 states that while preparing the priority list for the purpose of taking up road and bridge works, the Zilla Panchayats shall accept the priority list submitted by the Members of Legislative Assembly (for short the 'MLAs').3. It is necessary to note here that the Government issued guidelines dated 01.04.2006 informing the Zilla Panchayats to receive the list of works of roads and bri...

Smt. Nirmala W/O C.S. Srinivasa Murthy Vs. Sri Naveen Chhaggar S/O Man ...

Court: Karnataka

Reported in: AIR2007Kant40; 2007(2)KLJ343; 2007(1)KCCR42; 2007(1)AIRKarR289

D.V. Shylendra Kumar, J.1. This is an appeal by the defendant in O.S. No. 7026/1992 on the file of the Court of VIII Addl. City Civil Judge, Bangalore, directed against the judgment and decree dated 22.8.2000.2. The suit for injunction having been decreed in favour of the plaintiff in terms of the judgment and decree, the present appeal by the defendant.3. The appellant had contended that the plaintiff had miserably failed to prove his possession with regard to the suit schedule property either on the date of the sale deed dated 23.1.1985 based on which the plaintiff claimed right, title and possession to the property or on the date of filing of the suit; that the Court below could the date of filing of the suit; that the Court below could not have decreed the suit for injunction in the absence of any credible material placed by the plaintiff to establish possession in respect of the suit property; that the plaintiff was not entitled to claim that he was in possession on the date of fi...

Triveni Resorts Daba Towers Udupi, Represented by Its Director Suresh ...

Court: Karnataka

ORDERN.K. Patil, J.1. The petitioner, questioning the correctness of the impugned notice dated 22nd October 1999 issued by first respondent, the order dated 12th October 2000 passed in R.A.No. 607/2000 on the file of the first appellate authority - second respondent herein and the order dated 17th May 2001 on the file of the second appellate authority - third respondent herein vide Annexures A and C and D respectively, has presented the instant writ petition. Further, petitioner has sought for a mandamus, directing the respondents to refund the amount deposited by the petitioner in accordance with the demand notice under Annexure A dated 22nd October 1999 issued by first respondent, Or in the alternative direct the respondents to adjust the said amount in future bills to be raised in respect of the Meter of the petitioner.2. It is not in dispute that, the petitioner herein is running a Hotel under the name and style of 'Classic Dining Bar' at Daba Tower, Udupi. The said establishment i...

National Insurance Co. Ltd. Vs. Mumtaz and ors.

Court: Karnataka

V. Jagannathan, J.1. Heard the learned Counsel for the parties.2. In this appeal, insurance company has questioned the order of the Commissioner in fastening the liability on it insofar as payment of compensation to the claimants who are the legal representatives of the deceased Lalsaheb Dangi. The facts in brief are to the effect that on 25.1.2003, at about 9 a.m., the deceased took the motor cycle belonging to respondent No. 5 and went to see his wife at village Konnur and on the way back, the accident occurred leading to the deceased sustaining injuries all over his body and later on he succumbed to the said injuries. As per the post-mortem report, the cause of death was due to coma as a result of head injuries sustained. A claim petition was filed by the respondent Nos. 1 to 4 herein. The Commissioner for Workmen's Compensation, Belgaum, had allowed the claim petition and granted a sum of Rs. 2,29,394 as compensation. The liability was put on the appellant insurance company. Aggrie...