Karnataka Court September 2007 Judgments

Sri. R.G. Ravikumar S/O. Late R. Govindraj Vs. State of Karnataka, Rep ...

Court: Karnataka

Reported in: ILR2007KAR4609; 2008(3)KarLJ47; 2007(4)KCCR2647

ORDERB.S. Patil, J.1. Learned Government Pleader takes notice respondents-1, 3, 4 and 5.2. A declaration is sought by the petitioner to the effect that his term of office as Adhyaksha of Lakkavalli Gram Panchayat of Tarikere Taluk in Chikmagalur District is 33 months from the date of election which was held on 04.04.2005. Consequently, a direction is also sought to quash the Notification dated 23.08.2007 issued by the 3rd respondent - Deputy Commissioner, Chikmagalur District, Chikmagahir, vide Annexure-B reserving the post of Adhyaksha and Upadhyaksha for different category and as also the meeting notice dated 18/19.09.2007 issued by the 5th respondent - Returning Officer fixing the date of election of Adhyaksha and Upadhyaksha on 04.10.2007.3. The case of the petitioner is that he is appointed as Adhyaksha of the Gram Panchayat on 04.04.2005 and his term of office being 33 months from the date of election, the same would expire only on 03.01.2008 and hence the steps taken by the resp...

S. Venkataramulu Vs. State of Karnataka

Court: Karnataka

Reported in: ILR2007KAR5382; 2008(4)KarLJ214; 2007(4)KCCRSN303

ORDERA.S. Pacchapure, J.1. This revision by the petitioner is directed against the Judgment and Order passed by the Presiding Officer, Fast Track Court-II, Raichur, in Criminal Appeal No. 3/2003, dated 24.01.2005, partly allowing the appeal and confirming the Judgment and Order passed by the Chief Judicial Magistrate, Raichur, in C.C. No. 505/2001 dated 11.03.2003 convicting the petitioner for the offence under Sections 279 and 304-A IPC and sentencing him to undergo imprisonment and to pay fine.2. The facts relevant for the purpose of this revision are as under:It is on 30.07.2001, that an accident occurred at about 9.00 a.m. in the morning within the city limits of Raichur, near Gunj Road. The prosecution claims that on the aforesaid date and time, the revision petitioner was driving the APSRTC bus bearing registration No. AP 10-Z1650 in high speed and in a rash and negligent manner so as to endanger human life and dashed Mr. Ranganath, a cyclist, on his hind side, who sustained grie...

National Insurance Co. Ltd. Vs. Ambadas and ors.

Court: Karnataka

Reported in: 2008ACJ675; ILR2008KAR168; 2008(4)KarLJ224

Ram Mohan Reddy, J.1. The insurer of the offending motor vehicle has called in question the judgment and award dated 24-05-2007 in M.V.C. No. 112/2004 on the file of the Prl. Civil Judge (Sr. Dn) & MACT, Gulbarga, (for short 'MACT').2. One Parvati, along with her husband, while travelling in a lorry bearing Certificate of Registration No.KA-3 9/3299 to Bombay on 21 -10-2003 along with their goods, at about 2.30 a.m on Solapur-Pune Highway, the driver of the said vehicle - the 4th respondent, herein, drove the same in a rash and negligent manner due to which the lorry turned turtle, fell into a ditch and both Parvati and her husband succumbed to grievous injuries and died on the spot. Respondents 1 and 2, son and daughter of the deceased Parvati along with their maternal uncle the Respondent No. 3 jointly preferred Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (for short the 'Act') numbered as M.V.C. No. 112/2004 for Rs. 9,15,000/- as compensation. The 5th respondent,...

Narayan S/O Jotiba Kocheri Vs. Bharat Sanchar Nigam Ltd. Rep. by Chief ...

Court: Karnataka

Reported in: 2007(4)KCCRSN319

ORDERD.V. Shylendra Kumar, J.1. Every disciplinary proceeding by an employer Is made subject matter or a writ petition just because the employer happens to come within the definition or 'State' for the purpose or Article 12 of the Constitution or India.2. Every order of punishment Imposed on an employee in such disciplinary proceeding is also argued as a Regular First Appeal inviting the attention of the High Court In a petition under Article 226 or the Constitution or India to re-appreciate the evidence to examine questions of fact, law etc., One such petition Is the present writ petition wherein the petitioner, an employee of M/s. Bharat sanchar Nlgam Limited was proceeded against In a departmental enquiry proceeding and was found guilty or certain charges for which, the petitioner was Imposed punishment or reduction or pay scale by four stages.3. Appeal to the appellate authority having failed, the present writ petition.4. Submission of Sri Kulkarni, learned Counsel for the petition...

K. Pasala Reddy @ A.K. Pasalappa S/O Late A.P. Krishnappa Reptd. by Gp ...

Court: Karnataka

Reported in: 2008(3)KLJ63; 2008(1)KCCR158; 2008(1)AIRKarR590

ORDERN.K. Patil, J.1. Petitioner, questioning the order dated 3rd January 2005 passed by second respondent in proceedings No. RRT. (2)GR.272/1995-96 vide Annexure J, has presented the instant writ petition.2. The grievance of the petitioner in the instant writ petition is that, petitioner claims to be the owner in possession and enjoyment of the land bearing Sy. No. 11 measuring 01 acres 20 guntas situate at Venkoji Rao Khane Village, Begur hobli, Bangalore South Taluk. Further, the case of petitioner is that, the land in question was granted to him in the year 1952-53 and the said land comes within the jurisdiction of Madivala Village Panchayth and that, petitioner has been paying the required taxes in respect of the said land. Be that as it may.3. The second respondent has initiated suo motu proceedings invoking Sub-section (3) of Section 136 of the Karnataka Land Revenue Act and passed the ex-parte order dated 5th August 1998 directing the competent authority to cancel the entries p...

J. Veerabhadrappa S/O Late J. Rachappa Vs. Joint Hindu Family Firm of ...

Court: Karnataka

ORDERS. Abdul Nazeer, J.1. Since common questions of fact and law are involved in all these writ petitions, they are clubbed together, heard and disposed of by this common order.2. In these writ petitions, petitioner has challenged the interim order dated 2.4.2007 passed in O.S. Nos. 157, 158, 159, 160, 162 and 163/2006 on the file of the Additional Civil Judge (Sr. Dn.)., Bellary.3, The petitioner is the second defendant in the aforesaid suits. First respondent is the plaintiff and the second respondent is the first defendant The plaintiff filed the aforesaid suits for a declaration that it is the landlord of the suit schedule premises and to pass a decree of eviction against the first defendant from the schedule premises. Alternatively, the plaintiff has sought for a mandatory injunction directing the first defendant, his men, agents, servants, assignees, etc, to continuously pay the monthly rents to the plaintiff from the date of the suits till he vacates the premises in question.4....

Sri. K. Gajendran S/O. Venkatapathy Naidu Vs. Sri. Chikkathimma S/O. L ...

Court: Karnataka

Reported in: ILR2007KAR4440; 2008(3)KarLJ324; 2007(4)KCCR2506

H.N. Nagamohan Das, JJ.1. This appeal is directed against the judgment and decree dated 10.03.2005 in O.S. No. 5100/1998 passed by the 11th Additional City Civil Judge, Bangalore city, partly decreeing the suit of plaintiff for refund of advance money and rejecting the relief of specific performance of agreement of sale.2. Appellant is the plaintiff and respondents are the defendants before the trial Court. In this judgment the parties are referred to by their status before the trial Court.3. Defendants are owners of 16 guntas of land in survey No. 5/1 of Singasandra village, Begur hobli, Bangalore south taluk, hereinafter referred to as the schedule property. Defendants entered into an agreement of sale with the plaintiff on 29.06.1995 agreeing to sell the schedule property at the rate of Rs. 120/- per square feet subject to the availability of actual measurement of the schedule property. Under the agreement of sale plaintiff has paid an advance amount of Rs. 3,00 lakhs to the defenda...

Smt. Shivagangavva W/O Late Bhimappa Vs. the Deputy Commissioner,

Court: Karnataka

Reported in: 2008(3)KarLJ49

ORDERN.K. Patil, J.1. The petitioner, assailing the correctness of the impugned order dated 15.2.2005 passed by third respondent in No. RTDC:CR:9:2004-05; order dated 17.1.2006 passed by second respondent bearing No. RTS:AP:159:2004-05 and order dated 7.7.2007 passed by first respondent bearing No. RTS:RA:CR:77:2005-06 vide Annexures-A, B and C respectively, has presented this writ petition.2. The grievance of petitioner in this writ petition is that, petitioner is a widow of Bhimappa, who was the owner of lands bearing Sy.Nos. 38/2, 103/2 and 16/1+2, totally measuring about 18 Acres 07 Guntas, situate in Kubihal village. The said lands were ancestral properties of late Sri Bhimappa, who died interstate on 17.12.2003 leaving behind the petitioner and daughter Bangarewwa as legal heirs. 4th respondent after the death of Sri. Bhimappa has filed an application before the Village Accountant for sanction of mutation regarding his claim, in the relevant record of rights and other revenue rec...

The Special Land Acquisition Officer, Railways and Karnataka Industria ...

Court: Karnataka

Reported in: ILR2008KAR419; 2008(3)KarLJ699

ORDERS. Abdul Nazeer, J.1. The Special Land Acquisition Officer of Karnataka Industrial Area Development Board, Bangalore, ('KIADB' for short) and its Secretary are before this Court challenging the order on I.A. No. 2 in LAC. No 136/2004 on the file of the XXIII Additional City Civil and Sessions Judge, Bangalore, dated 5,6.2007 whereby the application filed by them under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure to dismiss the application of the claimants seeking a direction to the Land Acquisition Officer to make a reference has been dismissed by the Civil Court.2. The land in question in this revision petition is Sy. No. 88/25 measuring 2 acres situated at Nallakadirenahalli village, Yeshwanthapur Hobli Bangalore North Taluk. A preliminary notification was issued under Section 28(1) of the Karnataka Industrial Areas Development Act for acquisition of the aforesaid land along with several other survey numbers for formation of an industrial area under the A...

The Manager, Oriental Insurance Company Limited Vs. Smt. Bhagyamma Ali ...

Court: Karnataka

Reported in: 2008(4)KarLJ365

Ram Mohan Reddy, J.1. This appeal is by the insurer calling in question the judgment and award dated 16-4-2007 in MVC No. 5989 of 2006 on the file of the Motor Accident Claims Tribunal at Bangalore (for short, MACF), insofar as it relates to the award of Rs. Seven Lakhs, as compensation.2. One Nagaraja s/o. Chikkamogegowda succumbed to grievous injuries in an accident occurred on 8-9-2006 due to rash and negligent driving of the motor vehicle being a tempo bearing Registration No. KA-52-1110 belonging to the 6th respondent and insured by the appellant. Respondents 1 to 5 claiming to be the widow, three minor children and aged mother, of the deceased filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') before the MACT for compensation of Rs. 8 lakhs on account of death of Nagaraja. The owner of the offending vehicle was arraigned as respondent 1 while the appellant as respondent 2, who on notice, opposed the claim by filing their respective state...