Karnataka Court June 2006 Judgments

Sri. Machindranath Kernath Kasar Vs. Sri. D.S. Mylarappa S/O. Siddappa ...

Court: Karnataka

Reported in: 2007ACJ1323; 2007(4)KarLJ12; 2008AIRSCW3546; 2008AIRSC2545; 2008(5)KLJ142; 2008(4)AIRKarR113

Jagannathan, J.1. Whether a driver who is not made a party before the Tribunal, but who is found responsible for causing the accident in question can claim compensation even though the insurer of the vehicle in question accepts the finding of the Tribunal and deposits the award amount and the said finding of the Tribunal has attained finality, is the question that is involved in this appeal.2. To state briefly, the appellant herein was the driver of the KSRTC bus, which was involved in an accident on 18.4.1995 and a collision took place between the KSRTC bus driven by the appellant and the truck CAM 6939 driven by its driver. Some of the passengers of the KSRTC bus were injured and the appellant herein was also injured in the accident Claim petitions were filed before the MACT Belgaum by the injured passengers as well as the appellant herein and the claim petition filed by the injured passengers were allowed and the appellant herein who was driving the KSRTC bus was held responsible fo...

Lateefmiyan S/O SharfuddIn and Rahimabi W/O SharfuddIn Vs. State of Ka ...

Court: Karnataka

Reported in: ILR2007(1)Kar105; 2007(1)KarLJ636; 2007(1)KCCR273; 2007(1)AIRKarR504.

K. Sreedhar Rao, J.1. The case of the prosecution is trial the deceased is married to A1. A2 is the mother of A1. The deceased. and accused live together happily for about two months. Thereafter the accused started suspecting the chastity alleging that she has extramarital relationship with another person. In that regard, the accused subjected the deceased to physical and mental torture. The deceased informed her plight with her parents. The deceased was consoled to bear with the circumstances and to wait for good time. The accused continued to inflict physical and mental torture on the deceased. The deceased unable to bear the torture committed suicide by self-humiliation.2. The parents on receipt of information of burn injuries on the deceased go to the District Hospital. The Tahsildar, Bidar has recorded the dying declaration of the deceased at exhibit P7 which discloses that the deceased committed suicide on account of physical and mental torture inflicted on the deceased suspectin...

Smt. Sundaramma W/O Late R. Munikrishna and Kum. M. Chayadevi D/O Late ...

Court: Karnataka

Reported in: ILR2006KAR3657; 2007(4)KarLJ110

ORDER1. Petitioner No. 1 is the 1st wife of a certain R. Munikrishna and petitioner No. 2 is their daughter. The said R. Munikrishna while in service as SDA in the office of the High Court of Karnataka, has died on 13.4.1999. He had taken a 2nd wife by name Smt. Ashwathamma and through her, he has two children. After taking the 2ndwife, the said R. Munikrishna had deserted the petitioners and hence the petitioner No. 1 had filed a petition seeking maintenance from him in C.Misc. No. 240/90, both for herself and for her daughter, the 2ndpetitioner. In that petition, they were awarded maintenance at the rate of Rs. 300/- and Rs. 150/- respectively. After the death of the said R. Munikrishna, certain dispute arose between the petitioners and the above said Smt. Ashwathamma regarding the properties left behind the deceased, which was stated to have been decided or adjudicated in P & SC No. 27/03. Aggrieved thereby, the above said Smt. Ashwathamma and her two children had preferred an appea...

National Insurance Co. Ltd. by Its Manager Vs. Smt. Nalini U. Mallya, ...

Court: Karnataka

Reported in: 2007ACJ1595; ILR2006KAR2921; 2006(5)KarLJ193

1. All these three appeals arise out of the common judgment rendered by the MACT, Bangalore M.F.A. Nos. 5549/1999 and 5550/1999 are by the National Insurance Co. Ltd. questioning fastening of the liability on it by the Tribunal and M.F.A. No. 5574/1999 is preferred by the mother, wife and children of deceased Umesh Mallya questioning the adequacy of the compensation awarded by the Tribunal. Therefore, common judgment is being pronounced in all these appeals.2. The facts essential for our purpose briefly stated are to the effect that on 30.6.1990 at about 9.00 a.m., Umesh Mallya, employed by the BPL India Ltd., Bangalore, was proceeding to his work spot in the autorikshaw bearing registration No. MED 2480 and near 7th Block, Koramangala, on Bangalore-Hosur Road, the autorikshaw met with an accident when the lorry bearing registration No. CAK 2727 hit the autorikshaw and following the incident, Umesh Mallya sustained grievous injuries and breathed his last on 1.7.1990 at about 5.30 p.m. ...

C. Dinakar Vs. Karnataka State Bar Council Represented by Its Secretar ...

Court: Karnataka

Reported in: AIR2006Kant252

ORDERN.K. Patil, J.1. The petitioner, party-in-person, questioning the legality or otherwise of the notice dated 26th September 2005 bearing No. D.C.E.19/2005 on the file of the second respondent vide Annexure C, has presented the instant writ petition. Further, he has sought for a direction, directing the respondents not to conduct disciplinary inquiry against the petitioner on the allegations made by respondent No. 4 in his complaint dated 23rd August 2003 vide Annexure D and to order payment of costs and damages by respondents in view of unnecessary harassment and damage caused to the reputation of the petitioner and pass any order including the sanctioning of costs of the writ petition, considered appropriate by this Court.2. The brief facts of the case of petitioner, party-in-person in a nutshell are as follows:Respondent No. 4 herein gave a complaint against the petitioner, party-in-person on 23rd August 2003 to the State Bar Council alleging professional misconduct by the petiti...

Dr. Suraj S. Shetty S/O S.S. Shetty Vs. Rajiv Gandhi University of Hea ...

Court: Karnataka

Reported in: 2007(1)KarLJ57

ORDERD.V. Shylendra Kumar, J.1. Writ petitioners are students who have completed their Bachelor of Dental Sciences Degree and who are aspiring for admission to post graduate dental sciences degree etc.,.2. Petitioner in Writ petition No. 6675/2006 had prayed for admission at the respondent No. 2 - A.B. Shetty Memorial Institute of Dental Sciences, Mangalore and petitioner in WP No. 8324/2006 had sought for admission at the respondent No. 2 - Sree Dharmasthala Manjunatheshwara College of Dental Sciences & Hospital, Dharwad. For such purpose, the petitioners had also written a common entrance test conducted by the respondent No. 3 - COMED-K Association and had obtained certain ranks. What is common with regard to both the petitioners is that the petitioners had sought for admission against the seats reserved for persons belonging to 'tulu' minority community and the colleges where they were seeking for admission having provided such reservation, being institutions established and adminis...

Dr. K.S.R. Prasad S/O K.T. Prasad Rao and Dr. Vinod Kumar S/O Rangaiah ...

Court: Karnataka

Reported in: 2007(1)KarLJ263

ORDERD.V. Shylendra Kumar, J.1. Petitioners in all these cases are students who have completed their degree courses in dental sciences. They are aspiring for admission to post graduate dental courses. For such purposes, they have written a common entrance test conducted by the Karnataka Religious and Minority Professional Colleges Association - Respondent No. 1 of which Association it is claimed the Members are Bangalore Institute of Dental Sciences & Hospital, Oxford Dental College, Coorg Institute Of Dental Sciences and Al-Ameen Dental Colleges. Petitioners claim they have obtained fairly higher ranking in such examination and who are confident of securing a seat in one or the other courses in one or the other Member colleges but having been stumped at the threshold in not even being notified about the counselling particulars and their efforts before the Overseeing Committee headed by Justice Venkataraman, the Committee constituted as per the Judgment of the Supreme Court in Islamic ...

Official Liquidator, Metallic Soaps and Chemicals (P.) Ltd. (In Liquid ...

Court: Karnataka

Reported in: [2008]81SCL313(Kar)

V.G. Sabhahit, J.1. Company Application No. 420 of 1994 has been filed under Section 537(1)(b) of the Companies Act, 1956, seeking for a declaration that the sale made by the Karnataka State Financial Corporation is void under Section 537(1)(b) of the Companies Act having conducted without the leave of the court and to direct the second respondent to hand over the property and to direct the Karnataka State Financial Corporation not to execute sale deed or collect sale proceeds from the second respondent.2. It is averred in the application that M/s. Metallic Soaps and Chemicals (P.) Ltd., has been ordered to be wound up by order dated 13-8-1993, passed in Company Petition Nos. 90 of 1987 and 74 of 1989, and the official liquidator attached to this Court was appointed and the official liquidator was directed to take charge of all the assets, properties and effects of the company. The official liquidator sent notice to the ex-directors of the company on 1-10-1993, to hand over the books o...

Munna Kumar Paswan Vs. the Inspector General of Police and anr.

Court: Karnataka

ORDERAnand Byrareddy, J.1. The Petitioner had joined the services of the respondents as a Constable in the Central Reserve Police Force (here in after referred to as 'CRPF' for brevity), Group Centre, Muzaffarpur, Bihar on 27.5.2003. He was permitted to report to duty after being found Medically fit for service. The Petitioner was transferred to Bangalore along with other recruits in the month of July 2003. He was under the Administrative Control of the second respondent and was posted at the Group Centre, CRPF, Bangalore. In the month of February 2004, the Petitioner had taken ill and he had reported to the Station Medical Officer and was treated. Since the illness of the Petitioner was not capable of diagnosis without further tests, he was referred to the St. John's Hospital, Bangalore in the month of March 2004 for an opinion. The Petitioner was diagnosed as suffering from Tuberculosis. However, the said Hospital had opined that he was fit to resume duty, but was advised to take tre...

K. Ramesha S/O K. Kale Gowda Vs. Karnataka Food and Civil Supplies Cor ...

Court: Karnataka

Reported in: ILR2006KAR3823

ORDERAshok B. Hinchigeri, J.1. The petitioner has prayed for a direction to the 1st respondent-Corporation to consider the case of the petitioner for promotion to the cadre of Senior Assistant with all the consequential benefits.2. The brief facts of the case are that the petitioner, respondents 2 and 3 were appointed as Junior Assistants in the year 1984. A copy of the final seniority list, as on 31/12/1991, shows that the petitioner is above the respondents 2 and 3 in the seniority list. The petitioner is at Sl. No. 62, respondent No. 2 at Sl. No. 221 and respondent No. 3 at Sl. No. 253. The respondents 2 and 3 claimed to be belonging to Scheduled Tribe. As there was some dispute regarding the claim of the respondent No. 2, the respondent No. 3 was promoted. Thereafter it was found that the respondent No. 2 also belongs to Scheduled Tribe. On 14/9/1995, on giving the promotion to the respondent No. 2 in the vacancy earmarked for the Scheduled Tribe, the respondent No. 3 was not rever...