Karnataka Court August 2007 Judgments
Sri. Janardhan Prabhu S/O. Late Anantha Prabhu Vs. Sri. Ganapathi Prab ...
Court: Karnataka
Decided on: Aug-17-2007
Reported in: ILR2007KAR3871; 2008(4)KarLJ273
ORDERH.N. Nagamohan Das, J.1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 22.02.2007 in FDP No. 15/2002 passed by the II Additional Civil Judge (Junior Division), Karkala, in so far as it relates to rejection of I.A. No. II filed by the petitioner under Section 3 of the Partition Act.2. First respondent filed O.S. No. 168/2001 against the petitioner, second respondent and others for partition and separate possession of his 1/10th share. In O.S. No. 168/2001, the defendant Nos. 1, 3 to 5 and 7 to 9 relinquished their rights in the schedule property in favour of the petitioner under a registered relinquishment deed dated 10.01.2002. Subsequently a joint memo was filed in O.S. No. 168/2001. In terms of the joint memo the trial Court passed a preliminary decree declaring that the first and second respondents are entitled for 1/10th share each and petitioner is entitled for 8/10th share. Subsequently first respondent filed ...
Tag this Judgment!Sri Ramaswamy @ Ramappa S/O Late Basanna, Vs. the Deputy Commissioner ...
Court: Karnataka
Decided on: Aug-17-2007
Reported in: 2008(1)KarLJ323
ORDERN.K. Patil, J.1. Petitioners, questioning the correctness of the impugned order dated 3rd January 2007 in proceedings Appeal Prakarana No. 22/2004-05 on the file of the first respondent vide Annexure V, have presented the instant writ petition.2. The Grievance of petitioners in the instant writ petition is that, an extent of 6.55 acres of land in Sy.No. 63/A/3 situate at Boodguppa Village, Siruguppa Taluk, Beilary District was being cultivated by the grandfather of these petitioners late Sri. Fakirappa and thereafter, the same was being continued by the father of petitioners late Sri. Basanna, after the death of the grandfather - late Fakirappa. After the death of the grandfather of petitioners, deceased Sri. Basanna, i.e., the father of petitioners herein has succeeded the property in question and thereafter, he has filed the application for grant of occupancy rights under the provisions of the Karnataka Certain Inams Abolition Act (Rytwari patta). The said application filed by d...
Tag this Judgment!National Insurance Company Limited, Belgaum Branch Through Its Regiona ...
Court: Karnataka
Decided on: Aug-17-2007
Reported in: 2008ACJ2730; AIR2007Kant191; 2008(4)KarLJ249
Anand Byrareddy, J.1. These appeals arise out of a common judgment and are heard and disposed of together.2. The appellant is common, namely, the insurer who is fastened with the liability to pay the compensation.3. The facts briefly stated are - two coolies, who were being carried in a goods vehicle belonging to the insured, died as a result of the vehicle going out of control due to rash and negligent driving of another offending vehicle. It is the appellant's contention that the deceased and several other workers were engaged by a forest contractor to collect a particular forest produce. This was the statement made by the driver in the first information report to the police, wherein he had stated that the insured, owner of the lorry had instructed him to carry about 20 workmen said to have been engaged by a forest contractor, for the purpose of collection of forest produce. This statement was produced and marked by the claimants without dispute as to its contents. The claimants them...
Tag this Judgment!B.R. Pavan S/O B.S. Ramakrishna Shetty, Represented by His Next Friend ...
Court: Karnataka
Decided on: Aug-17-2007
Reported in: 2008ACJ2561; 2008(4)KarLJ252; 2007(6)AIRKarR279
Anand Byrareddy, J.1. These appeals are considered together as they arise out of the same proceedings. The appeal in MFA. No. 4106/2005 is by the claimant seeking enhancement of compensation awarded by the Tribunal and the other appeal is by the insured seeking to assert that the policy of insurance in respect of the vehicle was valid and effective as on the date of accident.2. The appellant was a minor, at the time of accident and had suffered a fracture of the lower end of fibula. It was claimed that the appellant was hospitalized for a week, on account of the accident and had incurred substantial expenditure. A claim for compensation having been laid, the owner of the vehicle did not contest the proceedings. The insurer however, contested the same and raised a serious objection as to the alleged date of accident. The insurer contended that the accident did not occur on 27-11-2001 as alleged. The First information report was lodged on 30-11-2001. The medical records disclosed that th...
Tag this Judgment!Ramaswamy Alias Ramappa and ors. Vs. the Deputy Commissioner, Bellary ...
Court: Karnataka
Decided on: Aug-17-2007
Reported in: 2008(1)KantLJ323; 2008(1)KarLJ323
(This Writ petition is filed under articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 3.1.2007 passed by R1 on his appeal prakarana No.22/2004-05 vide Annex V.)1. Petitioners, questioning the correctness of the impugned order dated 3rd January 2007 in proceedings Appeal Prakarana No.22/2004-05 on the file of the first respondent vide Annexure V, have presented the instant writ petition.2. The Grievance of petitioners in the instant writ petition is that, an extent of 6.55 acres of land in Sy.No.63/A/3 situate at Boodguppa Village, Siruguppa Taluk, Bellary District was being cultivated by the grandfather of these petitioners late Sri. Fakirappa and thereafter, the same was being continued by the father of petitioners late Sri. Basanna, after the death of the grandfather late Fakirappa. After the death of the grandfather of petitioners, deceased Sri. Basanna i.e, the father of petitioners herein has succeeded the property in question and thereafte...
Tag this Judgment!Smt. Anitha Vaz W/O Late Albert Manoraj Vs. Sri. M. Rangappa S/O Late ...
Court: Karnataka
Decided on: Aug-16-2007
Reported in: ILR2007KAR3651; 2008(4)KarLJ293; 2007(4)KCCR2476; 2007(5)AIRKarR582
A.C. Kabbin, J.1. By judgment dated 27.11.1999 passed by the learned XI Addl City Civil Judge, Bangalore in O.S. No. 92/1994, the appellant's (the plaintiffs) suit for specific performance of the contract has been partly decreed directing the respondent No. 1 (the defendant No. 1) to execute the deed for the sale of joint share of the defendant No. 1 in the suit property. Praying for a decree for grant of relief for the sale of the whole of the property as per agreement, the plaintiff has preferred this appeal.2. The suit properly (i.e. schedule 'A') is H. No. 39/9, Marappa Line, Bazar Street, Neelasandra, Bangalore consisting of land and building thereon totally measuring east to west 40 feet, north to south 15% feet. Admittedly, the plaintiff was residing in the said premises as the tenant paying rent to the defendant No. 1's elder brother M. Rangaiah; and later to the defendant No. 1, after Rangaiah's death. It is the claim of the plaintiff that the defendant No. 1 offered to sell t...
Tag this Judgment!G.S. Krishnamurthy S/O. Sri A. Chelavaiah and M.S. Muralidhara S/O Lat ...
Court: Karnataka
Decided on: Aug-16-2007
Reported in: 2008(1)KarLJ594; ILR2007(4)Kar4061; 2007(4KCCR2327; 2007(6)AIRKarR254
ORDERK. Bhakthavatsala, J.1. The short question that arises for consideration is:Whether the Chancellor is the Appellate Authority as per Statute 18 of the Mysore University Employees' (Classification, Control and Appeal) Statutes?2. My answer to the above point is in the affirmative for the following reasons;The University of Mysore initiated domestic enquiry against the petitioners, who belong to Group-C category, on the ground that there was a mal-practice in the November 1998 examinations. The Vice Chancellor, as Disciplinary Authority, accepted the enquiry report and by order dated 20.9.2000 imposed punishment of dismissal from service, which shall be a dis-qualification for future employment as per Rule 5(1)(x) of the Mysore University Employees' (Classification, Control and Appeal) Statutes (in short, 'the Statutes') with immediate effect and the period of suspension with effect from 17.5.1999 till the date of dismissal from service shall be treated as the period spent on duty. ...
Tag this Judgment!Mr. N.R. Narayana Murthy S/O Nagavara Rama Rao Vs. Kannada Rakshana Va ...
Court: Karnataka
Decided on: Aug-14-2007
Reported in: AIR2007Kant174; 2007CriLJ4443; 2007(6)KarLJ338
ORDERK. Bhakthavatsala, J.1. The petitioner, who is the Chairman and founder President of Infosys, is before this Court under Section 482 of the Code of Criminal Procedure, praying for quashing the proceedings in P C R No. 7710/2007 (C C No. 12359/2007) on the file of II Addl. Chief Metropolitan Magistrate, Bangalore, for the offence under Section 3 of the Prevention of Insults to National Honour Act, 1971 (hereinafter referred to as 'the National Honour Act'.)2. The petitioner is represented by Sri K.K. Venkugopal, learned Senior Counsel along with Sri K. Shashikiran Shetty. The respondent is represented by Sri C.H. Hanumantharaya, learned Senior Counsel, along with Sri M.K. Vijayakumar.3. The brief facts of the case leading to the filing of the Petition may be stated as under:On 3.5.2007 the respondent/Karnataka Rakshana Vakeelara Vedike (hereinafter referred to as 'the Forum') lodged a private complaint under Section 200 of Cr.P C against the petitioner alleging that on 8.4.2007 in ...
Tag this Judgment!Sri H.G. Rangangoud S/O Late H.R. Gaviappa Vs. Ministry of Coal and Mi ...
Court: Karnataka
Decided on: Aug-14-2007
Reported in: 2008(1)KarLJ1992007(4)KCCRSN257; 2007(5)AIRKarR534; AIR2007NOC2435
ORDERD.V. Shylendra Kumar, J.1. These two writ petitions are by persons who had aspired for mining lease of government reserved forest lands in Kumaraswamy range of reserved forest of Sandur taluk in Bellary district, which land figures one amongst several parcels of lands notified for grant of mining lease by the government of Karnataka in terms of its notification No. Cl 16 MMM 2003 dated 15-3-2007. The notification was issued under Rule 59 of the Mineral Concession Rules, 1960 [for short, the Rules], which in turn is the Rules framed under the provisions of the Mines & Minerals (Development & Regulation) Act, 1957 [for short, the Act].2. It appears that the writ petitioner in WP No. 20739 of 2005 M/s Salgaocar Mining Industries Pvt Ltd., had filed an application in form No. 1 and had sought for grant of mining lease in respect of an extent of 524.80 ha of forest land in Ramanamale block, Sandur range, Bellary district and a sketch plan had been enclosed along with the application, t...
Tag this Judgment!The State of Karnataka by Its Secretary to Government Vs. A. and G Pro ...
Court: Karnataka
Decided on: Aug-14-2007
Reported in: ILR2007KAR4675; (2008)13VST177(Karn)
ORDERV. Gopala Gowda, J.1. This sales tax revision petition is filed by the State Government questioning the correctness of the impugned judgment dated 23-5-2005 passed in S.T.A. Nos. 171 to 173/2005, by the Karnataka Appellate Tribunal (hereinafter called as 'the KAT' for short) wherein it has allowed the appeals of the respondents after setting aside the order of assessment which was upheld by the First Appellate Authority in levying tax upon the Assessee turnover of Rs. 13,22,80,926/- being the value of the supply of goods from the respondent company to Karnataka Power Transmission Corporation Ltd., (hereinafter called as 'KPTCL' for short) as a result of revised demand notice in levying tax is deleted and also set aside the penalty levied under Section 12-B(4) of the Karnataka Sales Act framing the questions of law which are extracted in this judgment and urging various grounds in support of the same and prayed to set aside the impugned judgment and to restore the orders of the Fir...
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