Karnataka Court August 2006 Judgments

John D' Souza Since Deceased by LRs Vs. Vijaya Bank and Ors.

Court: Karnataka

ORDERGopal Gowda, J.1. This petition is filed seeking to review the order dated 7-7-2003 passed in W.P.No. 249971997. Along with the review petition certain documents are produced to substantiate the tenancy claim. The first respondent has filed objections to the review petition2. Mr. S.R. Goutham, learned Counsel for the first respondent-Vijaya Bank submits that the review petition so not maintainable. He further submits that the documents now produced were not produced in the writ petition and even objections statements was also not filed. According to the learned Counsel, Annexure-D clearly shows that the nature of the land had been changed long back. He submits that since this Court has remanded the matter for fresh disposal with liberty to the parties to produce the documents, no prejudice is caused to seek review of the order. The learned Counsel also pointed-out that the order of the Land Tribunal is dissenting in which the Chairman and two Members favoured the applicant but the...

Yashoda K. Bhat and anr. Vs. C. Geetha Kamath and ors.

Court: Karnataka

Reported in: 2007(4)KarLJ152

V. Jagannathan, J.1. This joint appeal filed by the insured and the insurer is directed against the award passed by Motor Accidents Claims Tribunal, Udupi, allowing the claim petition filed by the wife, children and mother of deceased Ganapathi Kamath. The Claims Tribunal awarded a sum of Rs. 16,39,880. The challenge in this appeal is only as regards the quantum of compensation.2. The facts in a nutshell are to the effect that Ganapathi Kamath, who was working as an officer in the Syndicate Bank, Manipal and drawing a salary of Rs. 10,000 per month, met with an accident on 17.6.1994 while he was proceeding from Udupi to Manipal on his scooter bearing No. CTA 7275. A bus bearing No. KA 20-1992, belonging to the owner, appellant No. 1 and insured with appellant No. 2, dashed against the scooter and then hit an electric pole and finally came to a halt. Following the injuries sustained in the accident, Ganapathi Kamath died. The wife, minor children and the mother of the deceased filed a c...

B.G. Thimmaiah S/O. Gangappa Dead by His Lrs. Ashwathamma W/O. Late B. ...

Court: Karnataka

Reported in: 2007(4)KarLJ611; ILR2007(2)Kar1415; 2007(1)KCCR788; 2007(2)AIRKarR218; AIR2007NOC946; 2007(4)CivilLJ445

ORDERJawad Rahim, J.1. This is a revision under Section 115 of the Code of Civil Procedure, 1908, by the petitioners, who are plaintiffs in OS No. 188/87 on the file of the learned Civil Judge (Jr. Dvn.) & JMFC, Gowribidanur. They are aggrieved by the order passed by the learned Judge on 05-12-2003, dismissing the suit as abated accepting the memo filed by the respondent - defendant.2. Heard Sri Vishwanath Shetty, learned Counsel appearing on behalf of Sri M.S. Subbarayappa, learned Counsel for petitioners and Sri Madava Reddy, learned Counsel for respondent.3. The factual matrix which needs reference is :A suit in OS 188/87 was filed by Sri B.G. Thimmaiah against Sri K. Narayana Shetty, seeking for a decree of permanent injunction to restrain the defendant from interfering with his possession in respect of immovable property described in the schedule to the plaint. In this regard he had also sought for an ad-interim order of injunction.4. The defendant entered appearance and had resis...

A.V.N. Prasad S/O A.V. Sheshaiah Vs. Sita Bai Raj Purohit W/O Alte Jay ...

Court: Karnataka

Reported in: 2007(1)KarLJ216

Ajit J. Gunjal, J.1. Even though the matter is listed for admission, with consent, it is taken up for final hearing.2. During the course of this judgment, the parties would be referred to with reference to their rankings in the trial court.3. The plaintiff has filed the suit against the defendant seeking relief of declaration to the effect that he is the owner of the suit property measuring 1'-6' north south and 67' east-west and for possession of the same from the defendant and also for the relief of mandatory injunction directing her to remove the construction which is put up on the suit property. It is the case of the plaintiff that he is the owner in possession of the house bearing Municipal No. 7/6/224 situate at Jawahar Nagar, K.H.B. Colony, Raichur. The said property was allotted by the Karnataka Housing Board (for short. 'KHB') in his favour on lease cum sale basis. He has put up a construction. The house has been constructed by the plaintiff on site bearing No. 5 allotted by t...

Kantharaj S/O Ananthaiah and ors. Vs. State of Karnataka by the Statio ...

Court: Karnataka

Reported in: 2007(6)AIRKarR226

ORDER K. Ramanna, J.1. This is a revision petition filed by the petitioners 1 to 5 to set aside the order of conviction and sentence passed by the trial Court, which has been confirmed by the learned Prl. Sessions Judge, Kolar, in Crl. A.No. 5/2003, mainly on the ground that the charges framed against the revision petitioners have not been in conformity with the mandatory requirement of law as contemplated under Section 239 and 240 of IPC and allowed the application filed to summon the revision petitioner No. 5 as the additional accused. The trial Court ought to have been examined P.Ws.1 and 2 afresh and instead of that, allowed the accused to examine the other witnesses and after recording the 313 statement, convicted the revision petitioners for an offence punishable under Sections 143, 148, 448, 427, 324 r/w Section 149 of IPC, which has been challenged by the revision petitioner in the criminal appeal but the learned Sessions Judge dismissed the appeal and confirmed the order of co...

Sri Shivakumaraiah S/O Late Channabasaiah Vs. the Director General and ...

Court: Karnataka

Reported in: ILR2008KAR2233; 2008(4)AIRKarR89; 2008LabIC(NOC)931(Kar)(DB)

Cyriac Joseph, C.J.1. The petitioner is the applicant in Application No. 5536/2006 filed in the Karnataka Administrative Tribunal. The challenge in the said application is against an order dated 22.7.2006 passed by the Director General of Police, transferring the petitioner/applicant from District Armed Reserve, Hassan District to District Armed Reserve, Chamarajanagar. The Tribunal disposed of the application, directing the Cadre Management Authority to consider and dispose of the representation dated 24.7.2006 of the applicant in accordance with law, as early as possible, but not later than 15 days from the date of receipt of copy of the order, keeping in mind the grounds stated by the applicant, including the hardship alleged.2. Though the petitioner has no grievance against the direction to the Cadre Management Authority to consider and dispose of his representation, he is aggrieved by the refusal of the Tribunal to stay the implementation of the impugned order till the Cadre Manag...

Bill Forge Private Limited Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: 2007(6)KarLJ1

ORDERD.V. Shylendra Kumar, J.1. Writ petition by a company registered under the Companies Act, 1956, who is a borrower of certain amount from the fourth respondent Corporation Bank. The nature of the transaction between the Bank and the petitioner appears to include the loan sanctioned by the Bank in favour of the petitioner after obtaining title deeds of the properties o the petitioner as deposits by way of security.2. The petitioner claims to be aggrieved by the provisions of the Karnataka Stamp (Amendment) Act, 2006 as amended by Karnataka Act No. 7 of 2006 which has come into effect from 1-4-2006 particularly the amendment in terms of Section 3 of the Amending Act, amending the provisions of Article 6 in Schedule to the Act by adding an explanation which reads as under:3. Amendment of the Schedule.--(1) in Article 6, in Clause (1), in Sub-clause (b), in column (3), the following explanation shall be inserted, namely.--Explanation.--For the purpose of Clause (1), notwithstanding any...

M. Ramachandra S/O Late K.V. Muniyappa Vs. the Deputy Commissioner and ...

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. Writ petition is by a person, who claims to have purchased certain properties under two sale deeds dated 30.3.2001 executed by the Krishnarajapuram Rural House Building Co-operative Society Ltd., Krishnarajapuram, Bangalore East Taluk.2. It is the version of the petitioner that the petitioner is a member of the Society and the sale deeds have been executed pursuant to allotment of two sites/lands in favour of the petitioner. The sale deeds it appears had been presented for registration before the 2nd respondent - The Sub Registrar, K.R. Puram, Bangalore, on 2.4.2001. Though the registration procedure was over it appears it was immediately followed by a notice issued by the 1st respondent - the Deputy Commissioner and Deputy Registrar (DUS), under the provisions of Section 45-A of the Karnataka Stamp Act, 1957, (hereinafter referred to as 'the Act') inter alia indicating that the valuation as had been disclosed in the instrument was not proper, that stamp...

The Special Land Acquisition Officer, Karnataka Industrial Area Develo ...

Court: Karnataka

Reported in: ILR2007KAR2848; 2008(1)KarLJ164; 2007(4)KCCRSN258; 2007(4)AIRKarR395(DB).

Gopalagowda, J.1. The M.F.A. No. 2799/2002 is filed by the Special Land Acquisition Officer and Karnataka Industrial Areas Development Board (hereinafter called in short in this judgment as SPLAO and KIADB, respectively) have questioned the correctness of the judgment and award passed by the reference court in re-determining the market value of the acquired land at Rs. 2,30,000/- per acre of 8 acres 31 guntas in Sy. No. 456/2 of Jigani village of respondent, urging various legal grounds and sought for setting aside the same and prayed to modify the impugned judgment by awarding just and fair compensation in respect of the acquired land.2. The respondent also filed cross objection seeking for enhancement of compensation originally at Rs. 50,000/- per acre over and above the amount awarded by the Reference Court. The same is sought to be amended by him by filing an application under Order 6 Rule 7 read with Order 41 Rule 3 read with Section 151 of Code of Civil Procedure requesting this ...

Smt. Sharadamma W/O Late Gangaiah Vs. Smt. Kenchamma W/O Late Gangaiah ...

Court: Karnataka

Reported in: AIR2007Kant17

ORDERD.V. Shylendra Kumar, J.1. Writ petition by a person who is aggrieved by an order passed by the trial court on LA. No. 6 which the petitioner had filed in a pending suit praying for issue of directions by the court to the first respondent-plaintiff to either come and give evidence in person or allow the petitioner-applicant to cross-examine the plaintiff.2. Such an application having been rejected in terms of the impugned order, the present writ petition.3. The petitioner is the second defendant in original suit No. 152/1999 now pending on the file of the Addl Civil Judge (Jr. Dn.,] & JMFC, Kunigal [Copy at Annexure-A]. The suit by one Smt. Kenchamma claiming to be wife of late Gangaiah with several other wives of her husband and their children, as defendants is for claiming her share under the late Gangaiah.4. It appears the first respondent-plaintiff had executed a power of attorney for the purpose of conduct of the suit. It is at this stage that the writ petitioner had come up ...