Karnataka Court August 2007 Judgments
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imamhussaIn Vs. Jannatbi and ors.
Court: Karnataka
Decided on: Aug-06-2007
Reported in: 2008(1)KarLJ5872007(6)AIRKarR243
V. Jagannathan, J.1. The fifth defendant before the Trial Court is the appellant herein and he is aggrieved by the lower Appellate Court reversing the judgment of the Trial Court inasmuch as whereas the Trial Court dismissed the suit filed by the respondents-plaintiffs, the lower Appellate Court reversed the same by allowing the appeal filed by the respondents-plaintiffs and decreeing the suit of the plaintiffs for separate possession of their l/4th share in the suit property. Hence, this second appeal.2. The facts in brief are to the effect that the respondents-plaintiffs filed the suit for separate possession of their l/4th share in the suit property by contending that they were the legal heirs of deceased Jangusaheb and following the death of said Jangusaheb, respondents 1 to 6, being the wife (plaintiff 1) and children (plaintiffs 2 to 6), filed the said suit for the above said relief. The said suit was contested by the defendants by taking up the stand that Jangusaheb did not marr...
Larsen and Toubro Limited and anr. Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Aug-06-2007
Reported in: (2008)17VST457(Karn)
S.R. Bannurmath, J.1. This appeal is filed challenging the order dated July 10, 2007 passed by the learned single judge in W.P. No. 16305 of 2006 dismissing the writ petition.2. The petitioner/appellant had challenged the order dated July 3, 2006 under Section 28(6) of the Karnataka Sales Tax Act levying certain amount of turnover tax for the years 2000-01 to 2004-05 on the petitioners.3. The facts disclose that the first petitioner and one Mr. Dinesh Ranka had entered into an agreement whereby it was agreed that the land owner should contribute his land on which the first petitioner agreed to construct a multistoried apartment by way of Joint development agreement. The first petitioner was required to supply all the required materials as well as manpower and it was agreed that 25 per cent of the total built up space belonged to the land owner and the balance of 75 per cent to the first petitioner as the developer. It is not in dispute that the petitioner did market the total built up ...
Smt. Thayamma W/O Late Nagegowda Vs. the State of Karnataka Reptd. by ...
Court: Karnataka
Decided on: Aug-06-2007
Reported in: 2008(1)KarLJ668; 2007(6)AIRKarR240
ORDERN.K. Patil, J.1. Petitioner, being aggrieved by the impugned communication dated 12th May 2006 bearing No. /010/2006-07 issued by fourth respondent -Secretary, Agricultural Produce Marketing Committee, Hunsur, Mysore District and the order dated 5th/8th August 2006 bearing No. 4847-49/2006-07 passed by second respondent - the Principal Managing Director, Karnataka State Agricultural Marketing Board Bangalore, vide Annexures A and B, has presented the instant writ petition. Further, petitioner has sought for a direction, directing the respondents 2 and 4 to pay the compensation to the petitioner under the 'Raita Sanjeevini Insurance Scheme'.2. The petitioner herein claims that, her husband late Sri. Nage Gowda died due to electrocution while fixing the electric motor in the land on 25th March 2005. Therefore, petitioner has filed necessary application before the fourth respondent claiming compensation under 'Raita Sanjeevini Insurance Scheme' (hereinafter referred as 'Scheme' for s...
Gajanana and ors. Vs. Deputy Commissioner and ors.
Court: Karnataka
Decided on: Aug-06-2007
Reported in: 2008(1)KarLJ577; 2007(6)AIRKarR374
ORDERN.K. Patil, J.1. These petitioners, assailing the correctness of the order dated 31st May, 2007 in proceedings No. RTS/RVN/08/2006-07 passed by first respondent-Deputy Commissioner, Bagalkot District vide Annexure-N, have presented the instant writ petition.2. The father of petitioners herein and the father of respondents 3 to 5 were brothers. Petitioners herein are the legal representatives of deceased Sri Mahadev Ingale and respondents 3 to 5 are the children and legal representatives of deceased Sri Dadu Ingale. During the lifetime of late Sri Mahadev Ingale, the said Mahadev Ingale and late Sri Dadu Ingale were joint owners in respect of land bearing Sy. No. 26/1 measuring 36 guntas and Sy. No. 26/2/A measuring 15 acres 07 guntas both situate at Kadapatti Village in Jamkhandi Taluk, Bagalkot District. Respondent 4-Sri Srikanth, S/o late Sri Dadu Ingale had availed the loan of Rs. 12,00,000/- from the petitioners by executing a Memorandum of Understanding. The said amount was u...
K. Nagaveni Vs. Siddamma and anr.
Court: Karnataka
Decided on: Aug-06-2007
Reported in: 2009ACJ262
K. Sreedhar Rao, J.1. One Ramanjaneyalu was employed as a cleaner in a passenger bus under the appellant. During journey the bus broke down. The mechanic and the cleaner (deceased) were attending to the repair work. Stones were put at the tyres to keep the vehicle immobile during the time of repair. The deceased was removing the stones after repair. The driver imprudently started the bus and made movement, as a result the deceased was run over.2. The Workmen's Compensation Commissioner dismissed the claim against the insurer and granted award against the appellant in view of the ruling of the Apex Court in Ramashray Singh v. New India Assurance Co. Ltd. : (2003)IIILLJ740SC , it is clear that no liability is fastened on the insurer with regard to the cleaner of a passenger bus under Section 147 of the Motor Vehicles Act. There is no contract in the policy to cover the risk of the cleaner by taking additional premium.3. It may be a fact that the deceased was employed as a cleaner in the ...
Gokulam Farms and Estates Pvt. Ltd. Represented by Its Managing Direct ...
Court: Karnataka
Decided on: Aug-06-2007
Reported in: 2008(3)KCCR1916; 2008(4)AIRKarR520; AIR2008NOC2239; 2008AIHC3044(Kar)(DB)
Ram Mohan Reddy, J.1. Petitioners arraigned as opposite partial Nos. 1 and 4 in Complaint No. 169/2003 filed by the respondent herein before the I Addl. District Consumers Dispute Redreasal Forum, Bangalore Urban District (for short 'District Forum), aggrieved by the order dated 24-09-2004 Annexure-'F' directing the petitioners to pay Rs. 75,000/- with interest at 18% per annum from the date of investment and Rs. 25,000/- towards damages on account of deficiency in service, filed Appeal No. 1722/2005 before the Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short 'State Commission'). Along with the appeal memorandum, was an application to condone the delay of 361 days in preferring the appeal. The State Commission, not satisfied with the cause shown, declined to condone the delay and accordingly, rejected the application and consequently dismissed the appeal as barred by time by order dated 9-11-2005 Annexure-'H'. Petitioner* earned the said order in Revision Pe...
R. Veeranna Vs. State of Karnataka Represented by Its Home Secretary a ...
Court: Karnataka
Decided on: Aug-03-2007
Reported in: ILR2008KAR4704
K. Sreedhar Rao, J.1. The appellant applied to R.2 for N.O.C. for building a Permanent Cinema Theatre in Nagadevanahalli, Kengeri Hobli, Bangalore South Taluk. The proposed construction was the part of Sy. No. 54/2A of Nagadevanahalli. R.2 gave No Objection for construction of Cinema Theatre. The area in question is declared to be a residential area in the C.D.P. The appellant made an application to R.3 for change of fond use for construction of Cinema Theatre. The R3 rejected the application on the ground that the proposed Cinema Theatre if constructed would create traffic hazards and cause nuisance to the residential area, accordingly rejected the application. The Deputy Commissioner in view of the rejection of change of requirement of land use rejected the application for grant of No Objection Certificate as per Annexure-D.2. The appellant filed a writ petition challenging the orders passed under Annexure-D. The learned single Judge holds that construction of Cinema Theatre is not p...
B.N. Parijatha Vs. the Commissioner, Bangalore Mahanagara Palike
Court: Karnataka
Decided on: Aug-03-2007
Reported in: ILR2007KAR3577; 2007(6)KarLJ89;
ORDERD.V. Shylendra Kumar, J.1. Writ petition by a former employee of the respondent Bangalore Mahanagara Palike who had been proceeded against in a departmental inquiry on allegation of certain misconduct.2. The nature of allegation which was proved in the departmental inquiry was that the petitioner was involved in misappropriation of amount of Rs. 8,94,835,40/- which was an amount which had been collected from the tax payers but had not been properly accounted for or credited to the account of the employer Bangalore Mahanagara Palike.3. The order passed by the disciplinary authority only directed the amount to be recovered from the petitioner but also imposed punishment of reducing the pay of the petitioner at the time of retirement to the minimum of time scale in the particular cadre i.e., as in the cadre of First Division Clerk.4. The order passed by the Commissioner purporting to be in exercise of his powers under Section 69 and 90 of the Karnataka Municipal Corporation Act, 1976...
Rudrappa and ors. Vs. the Deputy Commissioner and ors.
Court: Karnataka
Decided on: Aug-03-2007
Reported in: 2007(6)KarLJ615
ORDERN.K. Patil, J.1. Petitioners, assailing the correctness of the impugned order dated 9th October, 2006 in proceedings bearing R.P. No. 11/2003-04 on the file of the Deputy Commissioner, Tumkur District, Tumkur, vide Annexure-D, have presented the instant writ petition.2. The grievance of the petitioners in the instant writ petition is that, first petitioner has submitted the application to the Village Accountant, Yelachigere Circle seeking deletion of the name of Sri Chidanandaiah from Column 12(2) of the pahani, RTC extract in respect of land bearing Sy. No. 109 measuring 0.33 guntas situate at Malagonahalli Village and to enter the name of first petitioner therein. Accordingly, Form 21 was issued by the Village Accountant deleting the name of Sri Chidanandaiah in view of the consent given by him and to enter the name of*first petitioner in Column 12(2) of the pahani. The Revenue Inspector accepted the said report submitted by the Village Accountant and has passed the order in M.R...
The State of Karnataka Represented by Its Secretary to Government, Soc ...
Court: Karnataka
Decided on: Aug-03-2007
Reported in: 2008(6)KarLJ446; ILR2007(4)Kar3932; 2007(4)KCCR2284; 2007(6)AIRKarR256(DB)
Cyriac Joseph, C.J.1. This writ appeal is filed against the judgment dated 25.01.2006 in Writ Petition No. 849 of 2004. The appellants are the respondents in the writ petition. The respondent herein was the petitioner in the writ petition.2. The respondent was appointed as Hostel Superintendent of Boys Hostel, Kuradi, Manvi Taluk, Raichur District on 05.02.1986 on daily wages. Since then he has been continuing as Hostel Superintendent appointed on daily wages.3. The respondent filed Writ Petition No. 25912 of 2002 praying for a direction to regularise his service as he had completed about 16 years of service as a daily waged government employee. The said writ petition was disposed of on 24.07.2002 in the following terms:Both the counsels say that this matter is fully covered by the judgment of this Court in Writ Petition Nos. 42096 to 42113 of 2001 dated 29.11.2001 permitting the petitioners therein to file additional representation and directing the respondents therein to consider the...
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