Karnataka Court December 2007 Judgments
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The National Insurance Company Limited Rep. by their Administrative Of ...
Court: Karnataka
Decided on: Dec-11-2007
Reported in: 2008ACJ2287; ILR2008KAR1484; 2008(2)KCCR871; 2008(3)AIRKarR119; AIR2008NOC1434; 2008ACJ2287; 2008AIHC2305(Kar)(DB)
V.G. Sabhahit, J.1. This appeal by the insurance company is directed against the judgment and award dated 26.10.2002 passed by the M.A.C.T., Bangalore City (S.C.C.H. 14) in M.V.C. 1679/00.2. We have heard the learned Counsel for the appellant-insurance company and the Learned Counsel for the contesting respondent.3. Respondents 1 to 3 filed a claim petition, M.V.C. 1679/00 seeking compensation of Rs. 10,00,000/- towards the death of one Dhruv Kumar, husband of the I claimant and father of claimants 2 and 3 due to injuries sustained in a motor accident that occurred on 9.3.2000. It is the case of the claimants that as on the said date, at about 1.10 p.m., Dhruv Kumar along with Ramachandrappa was proceeding on a scooter bearing No. KA-07-H-9741 from Venkatapura to Jangamakote on Badani Tank Bund road from west to east slowly and cautiously. At that time, a tempo bearing No. KA-40/519 came from the opposite direction in high speed and in a rash and negligent manner, and dashed against th...
Chikkanarasimhappa and anr. Vs. State by Srinivasapura Police Represen ...
Court: Karnataka
Decided on: Dec-11-2007
Reported in: ILR2009KAR1154
ORDERC.R. Kumaraswamy, J.1. This Criminal Revision Petition is filed under Section 397 Cr.PC by the Learned Counsel for the petitioners praying to set aside the order dated 22.11.2007 passed in Spl.C.C. No. 53/2006 on the file of the II Addl. District and Sessions Judge, Kolar and to dismiss the said application.2. Brief facts leading to this proceedings are as follows.That on 29.09.2006, when V. Ramesh, S/o Venkateshappa was tilling the land bearing survey No. 15 at about 5.30 to 6.00 p.m. accused No. 8 Gangadhara and others came to the land and formed themselves into an unlawful assembly and assaulted V. Ramesh and consequently he died. The deceased father Sri. Venkateshappa lodged a complaint before the Srinivasapura Police Station. The Deputy Superintendent of Police, Mulbagal investigated the case and submitted the chargesheet before the committal Court. Later on the local MLA raised the subject matter in the assembly and the Home Minister directed the Deputy Superintendent of Pol...
M.B. Ravi Kumar S/O Balagangadhara Tilak Vs. Directorate General of Fo ...
Court: Karnataka
Decided on: Dec-11-2007
Reported in: ILR2008KAR1050; 2008(4)KarLJ287; 2008(1)KCCR92; 2008AIHC1998(Kar); ILR2008(1)Kar1050; 2008(4)KLJ287; 2008(1)KCCR92; 2008(2)AIRKarR369; 2008AIHC1998(Kar)
ORDERD.V. Shylendra Kumar, J.1. This writ petition is yet again an instance of abuse of the writ jurisdiction of this court by persons who want to espouse other's causes and not necessarily their own cause.2. Writ petitioner, an individual has sought for quashing of the order dated 9.2.2007 [copy at Annexure-A], an order passed by the appellate authority under the provisions of Section 15 of the Foreign Trade [Development & Regulation] Act, 1992, [for short the Act] where under the appellate authority has dismissed the appeal.3. Writ petitioner who figured as appellant in that appeal has preferred this writ petition. The appeal was against an order dated 30.7.2004 [copy at Annexure-E] passed by the Joint Director General of Foreign Trade, imposing penalty of Rs. 14,30,000/- upon M/s. Magosan Exports [P] Ltd., on the premise that this company which had availed of the import licence for importing Heidelbers Cord Offset Printing Machines availing concessional customs duty and which licenc...
Davalsab Vs. the State of Karnataka by Its Secretary for the Departmen ...
Court: Karnataka
Decided on: Dec-11-2007
Reported in: ILR2008KAR280; 2008(3)KarLJ35; 2008(1)KCCR439; 2008(2)AIRKarR260; 2008AIHC(NOC)466(Kar)(DB)
Manjula Chellur, J.1. The appellant herein has claimed tenancy rights in respect of R.S. No. 1384/3 known as 'Hallikeri Dari Gudi Hola' as a tenant. It is not in dispute that Mr. Husensab, father of the present appellant initially filed Form No. 7 on 14-8-1974 in respect of Sy. Nos. 1075 and 1077. Again on 21 -12-1976, he filed Form No. 7 for the second time in respect of the land in dispute i.e., R.S. No. 1384/3. On 26-12-1977, occupancy rights were granted by the Land Tribunal, Navalgund in respect of this land. The same was questioned in Writ Petition No. 2307/78. The Writ Petition was allowed and the matter was remanded back to consider the reasons if any given for filing delayed Form No. 7 i.e., the second application. On 19-6-1981, the Tribunal rejected the application holding that he was not a tenant of the said land. Again Writ Petition No. 17298/81 came to be filed by the tenant and the Writ Petition was allowed quashing the orders dated 19-6-1981. The matter was remanded back...
Rukmini Bai W/O Basappa Malnavar and Manjunath S/O Daalatrao Kashid Vs ...
Court: Karnataka
Decided on: Dec-10-2007
Reported in: 2008(4)KarLJ303; 2008(1)AIRKarR594; AIR2008NOC829; 2008AIHC1435(Kar)
A.S. Bopanna, J.1. The parties would be referred to in the same rank assigned to them before the Court below, for the purpose of convenience and clarity. The defendant Nos. 2 and 5 are before this Court in this appeal and the cross objections is filed by the plaintiff assailing the judgment and decree dated 30.11.2000 passed in OS No. 60/1989 on the tile of the III Addl. Civil Judge (Sr. Do) & CJM, Dharwad.PLEADINGS OF THE PARTIES:2. The plaintiff was before the Court, below in a suit seeking for a judgment and decree to award 1/8th share in all the suit properties by effecting partition by metes and bounds and also to handover the separate possession of the same to the plaintiff. The plaintiff claims to be the grand daughter of Late Ramachandra Kawatekar through the first wife Smt. Parvathi Bai. The defendant No. 1 is said to be the widow (second wife) of Late Ramachandra Kawatekar. The defendants 2 to 7 are the other grand children of Late Ramachandra Kawatekar while defendant Nos. 8...
Assistant Director, Directorate of Revenue Intelligence Regional Unit ...
Court: Karnataka
Decided on: Dec-07-2007
Reported in: ILR2008KAR1909; 2008(3)KarLJ626; ILR2008(2)Kar1909; 2008(3)KLJ626; 2008(1)KCCR405; 2008(2)AIRKarR188; 2008CriLJNOC549
H.V.G. Ramesh, J.1. Appeal is by the Assistant Director of Directorate of Revenue Intelligence challenging the order of acquittal passed by the Special Judge, Mangalore in Spi. Case 49/2001 acquitting the accused for the offence under Section 8 C r/w Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1995.2. According to the prosecution, on 7.2.2001 on receiving reliable information, as per the directions of the Assistant Director of Revenue Intelligence, the Senior Intelligence Officer of the DRI proceeding to Suratkal along with his team viz., Prabhakar Poojary, Intelligence Officer, V T Joseph, Sepoy and two independent witnesses. Around 3.45 am at Suratkal Bus Stand, they noticed a person wearing a blue T Shirt with a hand bag. As Ms identity tallied with the information received through the Assistant Director, they stopped the vehicle and on enquiry, the said person revealed his name as Syed Rahmath Pasha and when he was questioned about the contents of the bag, he wa...
ibrahim S/O Abdulasab Kadpe Vs. Ismail S/O Abdulasab Kadpe and Jabbar ...
Court: Karnataka
Decided on: Dec-07-2007
Reported in: ILR2008KAR1539; 2008(5)KarLJ118; ILR2008(2)Kar1539; 2008(5)KLJ118; 2008(2)KCCR752; 2008(3)AIRKarR333; AIR2008NOC1957; 2008AIHC2560(Kar)
K. Ramanna, J.1. It is the plaintiff's appeal for setting aside the judgment and decree dated 2.2.2002 passed in R.A. No. 16/99 by the Civil Judge(Br.Dn.) Yadgir, reversing the judgment and decree passed in O.S. No. 393/95 dated 13.1.99 passed by the Civil Judge(Jr.Dn.) Shahapur and further to restore the judgment and decree of the trial court and set aside the finding of the trial court on Issue No. 4 held against the appellant/plaintiff and consequently to decree the appellant's suit in its entirety.2. The case of the appellant/plaintiff is that himself and Defendants No. 1 and 2 are the brothers. Respondent No. I/Defendant No. 1 is the elder brother and defendant No. 2 is the younger brother. They are the sons of one late Abdul Sab Kadpe who died 6 years prior to the filing of the suit. Therefore, the appellant and respondents have succeeded the property left by the father late Abdul Sab Kadpe. Father of the appellant and defendant was the owner in possession of the lands bearing fa...
The Management of Mangalore Chemicals and Fertilisers Ltd. Now Represe ...
Court: Karnataka
Decided on: Dec-05-2007
Reported in: [2008(117)FLR1138]; ILR2008KAR251; 2008(4)KarLJ353; (2008)IIILLJ657Kant; 2008(1)KCCR105; 2008(2)AIRKarR112
S.R. Bannurmath, J.1. Though the matter was posted for admission, with the consent of learned Counsel on both sides, the same was taken for final disposal.2. The management, aggrieved by the order of the learned Single Judge dated 20th August, 2007 in W.P. No. 53400 of 2003 and the award dated 30.12.2002 passed by the Labour Court, Mangalore has approached this Court in the present appeal.3. The case of the appellant is that in the year 1995 it-had issued paper advertisement for various posts including the post of Senior Maintenance Technicians and the qualification for the said post was prescribed as minimum S.S.L.C. and Diploma in Mechanical Engineering and three to live years of experience. It is the case of the management that the respondent applied to the post and in his bio data furnished along with his application he has mentioned his qualification as SSLC passed with I.T.I. certificate. Accepting the statement, the respondent was called for interview and as he was not holding t...
The Academy of General Education Represented by the Registrar Sri K.K. ...
Court: Karnataka
Decided on: Dec-05-2007
Reported in: ILR2008KAR1074; LC2008(1)373; ILR2008(1)Kar1075; 2008(1)KCCRSN82; 2008(2)AIRKarR517; AIR2008NOC1286; 2008AIHC2063(Kar)
V. Jagannathan, J.1. A flower is inseparable from its fragrance. Waves do not exist without the sea. There cannot be 'night' without the day. 'Creation' does not exclude its creator. 'YAKSHAGANA' cannot be thought of without the name of Dr. Kota Shivarama Karanth (for short 'Dr. Karanath').2. Dr. Karanth, who combined in himself the role of a Novelist, Play writer, Essayist, Encyclopediationst, Cultural anthropologist, Artist, writer of Science, Environmentalist, a Jnanapeeta Awards, all rolled in one personality, was born in the year 1902. He left his indelible impressions on the literary Map of Karnataka. He died in the year 1997. Three years before his deaths Dr. Karanth got his 'Will' registered on 18.6.1994 and bequeathed copyrights of his 'literary works' to Smt. Malini Malya (plaintiff).3. A news item published in 'Vijay Karnataka' News paper dated 19.9.2001 revealed that the Yakshagana Ballet directed by Dr. Karanth was perforated at New Delhi. This gave raise to the plaintiff ...
A.S. Chinnaswamy Raju (Huf) Vs. the Assistant Commissioner of Income T ...
Court: Karnataka
Decided on: Dec-04-2007
Reported in: (2008)215CTR(Kar)168; ILR2008KAR1489; [2008]300ITR96(KAR); [2008]300ITR96(Karn); 2008(1)KCCRSN2; 2008(2)AIRKarR98(DB)
K.L. Manjunath , J.1. The appeal is by the assessee questioning the order passed by the Income Tax Appellate Tribunal, Bangalore Bench in Misc.Petition No. 122/Bang/99 dt.31.7.2003 raising the following substantial question of law:1. Whether the Tribunal has power to rectify the order passed on merits in an appeal filed by the assessee four years thereafter invoking Section 254(2) of the Income Tax Act? 2. We have heard the learned Counsel for both the parties.3. It is not in dispute that the revenue had filed an appeal before the Income Tax Appellate Tribunal in ITA No. 1325/Bang/1990, being aggrieved by the order passed by the Commissioner of Income Tax (appeals). The appeal filed by the revenue came to be dismissed by the Income Tax Appellate Tribunal by up-holding the order passed by the Commissioner of Income Tax (Appeals) on 6.4.1998. Thereafter the revenue obtained permission from the Commissioner of Income Tax (Central) Bangalore on 19.9.2002 to file a Miscellaneous Petition un...
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