Karnataka Court August 2007 Judgments
New India Assurance Co. Ltd. Vs. Rama S/O. Javaregowda and G. Jitendra ...
Court: Karnataka
Decided on: Aug-29-2007
Reported in: 2008ACJ1794; 2008(1)KarLJ271
Ram Mohan Reddy, J.1. The Insurance Company has preferred this appeal under Section 30(1) of the Workmen's Compensation Act, 1923, for short the Act, aggrieved by the order/award dated 30th September, 2002 of the Commissioner for Workmen's Compensation, Bangalore sub division No. 2, Bangalore, in case No. WCI/B-21.S.S.C/CR-131/2000, in so far as it relates to the quantum of compensation.2. The 1st respondent employed as a driver by the 2nd respondent, the owner of the motor vehicle bearing lorry registration certificate No. KA-02-6688 and insured by the appellant, in the course of employment, met with Motor vehicle accident involving the insured vehicle on 6.10.2000 and sustained grievous injury in the nature of crush injury to the right limb from knee to the foot. The 1st respondent claimed Rs. 4,00,000/- as compensation which was adjudicated by the Commissioner under the Act.3. The petition was not opposed by the owner of the vehicle but was opposed by the appellant - insurer. In ord...
Tag this Judgment!The Commissioner of Income Tax and the Assistant Commissioner of Incom ...
Court: Karnataka
Decided on: Aug-28-2007
Reported in: (2008)215CTR(Kar)171; [2008]297ITR53(KAR); [2008]297ITR53(Karn)
V. Gopala Gowda, J.1. The Revenue has questioned the correctness of the order dated 22-2-2001 passed by the Income Tax Appellate Tribunal, Bangalore, in ITA No. 2032/Bang/1992, allowing the appeal of the assessee and setting aside the order passed by the first appellate authority by framing the following substantial questions of law and urging various grounds in support of the same which reads as follows:1. Whether the assessee who is carrying on film business is entitled to claim deduction under Section. 36(1)(iii) of the Act in respect of interest of Rs. 21,74,234/- on amount borrowed from corporation bank to purchase shares of Shaw Wallace and Company Limited on behalf of itself and other firm?2. Whether the assessee and its beneficiaries who borrowed a sum of Rs. 3,80,00,000/-and transferred the same to M/s. Gayathri Holding Private Limited who In turn advanced this amount to G. Venkateshwaran to purchase shares on his behalf and on behalf of M/s. Sujatha Films Limited, Sujatha Pro...
Tag this Judgment!Sri C.S. Mohan S/O C.V. Sridhar Murthy Vs. Official Liquidator, High C ...
Court: Karnataka
Decided on: Aug-28-2007
Reported in: ILR2007(4)Kar4921; 2007(6)AIRKarR175(DB)
Gopala Gowda, J.1. The appellant has called in question the order made by the Company Court in CA.830/03 in Co.P.62/87 dated 13.11.2003. By the impugned order the learned Single Judge has confirmed the sale of certain assets of the Company under liquidation in favour of Second respondent/auction purchaser and directed the Official Liquidator to hand over possession of certain assets of the Company and take consequential steps to confer title in favour of Second respondent/auction purchaser. Consequently, applications filed by the applicant as also the representatives of the employees union not to conform the sale were rejected by the learned Judge of the Company Court. The brief facts of the case are as follows:2. On 2.6.2000, this court passed an order directing winding of the Company viz., M/s Sree Srinivasa Spun Silk (India) Ltd, situate at Bandarmanahalh, Chickballapur Taluk, Kolar District. The Official Liquidator attached to this court was directed to take over the assets of Comp...
Tag this Judgment!Sri Allbux S/O Khajasab Lakkadahare Vs. Smt. Allabi W/O Khajasab Lakka ...
Court: Karnataka
Decided on: Aug-27-2007
Reported in: ILR2007KAR4662; 2008(3)KarLJ40; 2007(6)AIRKarR427; 2008(2)CivilLJ664; 2008(2)ICC753; 2008AIHC517(Kar)(DB)
H.N. Nagamhan, J.1. This appeal is directed against the judgment and decree dated 1.10.2002 in. O.S.No. 206/1998 passed by the Addl. Civil Judge (Sr.Dn.), Hubli, partly decreeing the suit of the plaintiff for partition and separate possession.2. The appellant is plaintiff and respondents are defendants before the trial court. In this judgment, the parties are referred to by their status before the trial court.3. The parties are governed by Mahomedan Law. The relationship between the parties is as under.GENEOLOGYRasoolma (died 1980)||Allabi (Died 2005)(only daughter) deft. No. 1|________________________________________| |Allabaksh Hazaratbi (deft. No. 2)(plaintiff) (daughter)(adopted son) |Saleha (Died 2004)(Deft. No. 3)(daughter of D2)|Shafi A. Sayyed(Husband) Deft. 3(a)4. The plaintiff contends that one Rasoolma was the owner of the entire schedule properties situated at Hubli. Rasoolma executed a registered will on 6.12.1975 bequeathing the entire schedule properties in favour of pla...
Tag this Judgment!K. Thirupathi Reddy Vs, Rajegowda and ors
Court: Karnataka
Decided on: Aug-27-2007
Reported in: ILR2010KAR3406
1. Though the matter is listed for orders, by consent of parties we have heard the appeal on merits.2. Appellant was R-2 in MVC 72/1993 before the MACT, Srlrangapatna. R-l & 2 were the claimants before the tribunal. They lodged claim petition claiming compensation on account of the death of their son Mahesh who died on 7.8.1992 at about 11 p.m. when he was working in a lorry under the appellant herein. According to the claimants, Mahesh was getting a salary of Rs.1800/- per month. In addition to that every day he was getting a sum of Rs.20/- as daily batta. Deceased was the only earning member of the family. Insurance company contended that though policy is issued it does not cover the risk of a loader or third party as the policy was isaiied in respect of a machine and which also is know as contractors plant and machinery insurance policy. Therefore, insurance company requested the tribunal to dismiss the claim petition. Before the tribunal, father of the deceased was examined as FW-1...
Tag this Judgment!H. Ananthappa S/O Hubballi Mallappa Vs. H.M. Bhojappa S/O Hubballi Mal ...
Court: Karnataka
Decided on: Aug-24-2007
Reported in: 2008(4)KarLJ85
V. Jagannathan, J.1. The appellant herein filed the suit in O.S. No. 313/1996 for declaration, possession and mesne profits in respect of the suit properties against the respondent-defendant and the said suit was dismissed by the trial court. The appeal preferred by the appellant in R.A. No. 31/1999 also met with the same fate at the hands of the lower appellate court and hence this second appeal by him.2. The essential facts are to the effect that one Thulasamma, mother of the appellant as well as the defendant, was allotted certain properties including the suit schedule house under a partition that took place on 18.5.1966. In respect of the suit property which was given to the above said Thulasamma under the registered partition deed, a condition was put to the effect that Thulasamma shall have the right to sell the suit house for the purpose of performing the marriage of the children of Mallappa, (the husband of Thulasamma) Thulasamma sold the suit property in favour of her son, the...
Tag this Judgment!Karunakara S. Shetty Vs. the State of Karnataka Represented by State P ...
Court: Karnataka
Decided on: Aug-24-2007
Reported in: 2008CriLJ158; ILR2007KAR4407; 2008(3)KarLJ598; 2007(6)AIRKarR296
R.B. Naik, J.1. The appellant/ accused has preferred this appeal challenging the order of conviction and sentence dated 7-8-2002 passed by the Sessions Judge, Udupi District in SC. No. 12/2001 convicting the appellant/accused for an offence punishable under Section 376 and 506 IPC and sentencing him to undergo R.I. for 12 years and to pay a fine of Rs. 3000/- in default to undergo R.I. for six months for an offence punishable under Section 376 and to undergo R.I. for six months for an offence punishable under Section 506 IPC.2. The brief facts of the prosecution case are as follows:That on 14-5-1997 at about 12-30 p.m. when RW. 2 Kum. Arifa a girl aged about 8 years was returning to her house near For to Forest area of Kalya grama of Karkala Taluk, appellant/accused held her and forcibly dragged her into the said forest, held threats to her life and committed rape on her.3. The prosecution in support of its case has examined P.W. 1 to P.W. 10, got exhibited Exs. R1 to P. 12 and got mar...
Tag this Judgment!Karnataka Housing Board by Its Commissioner Vs. R. Satyanarayana S/O L ...
Court: Karnataka
Decided on: Aug-24-2007
Reported in: ILR2007KAR4432; 2007(6)KarLJ477; 2007(4)KCCR2346; 2007(6)AIRKarR157(DB)
Cyriac Joseph, C.J. 1. The appellant was the respondent in Writ Petition No. 30399 of 2003 which was allowed by the learned Single Judge. The respondent herein was the petitioner in the writ petition.2. The writ petitioner was an employee of the Karnataka Housing Board (appellant herein). While he was working as Superintendent in the Finance Controller's Section, the petitioner submitted an application dated 23.12.1999 seeking permission to voluntarily retire from service under Rule 285(1)(a) of the Karnataka Civil Services Rules which are admittedly applicable to the employees of the Karnataka Housing Board. The petitioner's application was allowed by the appellant as per Annexure-B order dated 06.04.2000 which stated as follows:Hence the representation of Sri R. Satyanarayana, Superintendent for voluntary retirement has been accepted with effect from the afternoon of 23.04.2000 under Rule 285(1)(b) and Rule 285(1)(a) of the K.C.S.R.3. Thereafter the appellant issued Annexure-C order ...
Tag this Judgment!Fakirappa S/O. Yellappa Talwar and Tippanna S/O. Veerappa Laxman Vs. B ...
Court: Karnataka
Decided on: Aug-23-2007
Reported in: 2008(6)KarLJ303; 2008(4)AIRKarR527; AIR2008NOC2252; 2008LabIC(NOC)1052(Kar)(DB)
Ram Mohan Reddy, J.1. This intra-court appeal under Section 4 of the Karnataka High Courts Act, 1961 is fifed by the writ petitioners assailing the order dated 6-7-2006 of the learned Single Judge in W.R. No. 21410/2005.2. The petitioners working as Telephone Mechanics under the respondents, claiming to belong to Scheduled Tribe category submitted applications for filling up of the Departmental quota of 40% of vacancies to the post of Telecom Technical Assistants (for short TTAS') under the notification dated 24-06-2004 issued by the 1st respondent pursuant to the notification dated 18-11-2003 of the BSNL Corporate Office, with instructions to conduct Pre-Qualification Entry Level Test and the Limited Departmental Competitive Examination to the cadre of TTAS, in terms of the TTA Recruitment Rules, 2001. The petitioners found eligible and qualified for filling up of the vacancies set apart for Scheduled Tribe category, were permitted to appear for the Pre-Qualification Entry Level Test ...
Tag this Judgment!Smt. Tulasi Yellappa Pawaskar W/O Yellappa Pawaskar Vs. Department of ...
Court: Karnataka
Decided on: Aug-23-2007
Reported in: 2008(1)KarLJ582; ILR2007(4)Kar4104; 2007(4)KCCRSN246; 2007(6)AIRKarR194
ORDERS. Abdul Nazeer, J.1. In this case, petitioner has called in question the order passed by the Civil Judge (Sr.Dn.)., Sirsi, dated 6.4.2005 in E.P. No. 14/2003 whereby the objections raised by the petitioner for execution of the decree in O.S. No. 136/2001 dated 6.9.2002 have been rejected and a direction has been issued by the Executing Court to issue warrant of attachment of movables of the petitioner as prayed for by the respondents.2. The first respondent had filed a suit against the petitioner in O.S. No. 136/2001 on the file of the Additional Civil Judge (Jr.Dn.), Sirsi, for recovery of a sum of Rs. 31,386/- towards telephone charges as per the bills dated 1.1.1999 and 1.3.1999. The petitioner was placed exparte in the suit. The court below decreed the suit on 6.9.2002 for a sum of Rs. 31,386/- with interest at the rate of 15% per annum from the date of the suit till the date of realisation. Since the petitioner did not pay the amount in terms of the aforesaid decree, the fir...
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