Karnataka Court September 2007 Judgments

Sri Devidas and ors. Vs. the Deputy Commissioner and ors.

Court: Karnataka

Reported in: ILR2007(4)KAR4457; 2008(2)KarLJ450; 2007(4)KCCR2649(DB)

ORDERS.R. Bannurmath, J.1. Aggrieved by the dismissal of the writ petition No. 8387/06 by the order dated 21.2.2007 passed by the learned Single Judge, the present appeal is filed.2. The appellants are the writ petitioners and they had approached this Court challenging the order dated 22.3.2006 passed by the Deputy Commissioner confirming the orders of the Assistant Commissioner and the Tahsildar dated 24.2.2006 and 5.3.2004 respectively.3. It is to be noted that the petitioners claim to be the owners of land bearing Sy. No. 38/2 measuring 1 acre 13 guntas of Shirwad village in Karwar Taluk. The respondents-4 and 5 are the neighbouring land owners of Sy. No. 38/1D measuring 17 guntas and 8 annas. According to the appellants when they were in peaceful possession and enjoyment of their property the 5th respondent behind the back of the appellants got her land surveyed on 22-6-2001 and the Survey Report showing the encroachment on the part of the appellants to an extent of 2 guntas and 08...

Anandaraya S/O. Dhulappa Vs. State of Karnataka Rep. by Its Secretary ...

Court: Karnataka

Reported in: 2008(4)KarLJ369; ILR2007(4)Kar4637; 2007(4)KCCRSN304

ORDERArali Nagaraj, J.1. In this writ petition the petitioner has challenged the legality and correctness of the order dated 16.3.2002 (Annexure-F) passed by the Land Tribunal, Aland, District Gulbarga, in No. REV/LRY/DECL/SR/1199/74-75.2. Stated in brief the facts leading to this writ petition are as under:(a) The petitioner herein being the adopted son of one Dhulappa who died in the year 1970 or 1971 inherited through him certain properties including the lands bearing survey Nos. 56, 57 and 83 totally measuring 78 acres 9 guntas situate at Matki village in Aland Taluk, Gulbarga District. The natural father of the petitioner namely Kandappa, who is now dead and represented by his another son Parameswara (respondent No. 3(a) ) was the owner of the agricultural lands bearing survey Nos. 11, 12, 59, 68, 69 and 79 totally measuring 83 acres 9 guntas and situate at Matki village.(b) Since this petitioner was minor and his adoptive parents namely Dhulappa and Smt. Nagawwa, wife of Dhulappa...

Sri Jagadish Patil Vs. the State of Karnataka and ors.

Court: Karnataka

Reported in: ILR2007(4)KAR4266; 2007(4)KCCRSN307

ORDERN.K. Patil, J.1. Though this matter is posted in orders list, with the consent of learned Counsel appearing for the parties, the matter is taken up for final disposal having regard to the nature of relief sought in the instant writ petition and also in view of the urgency pleaded by the learned senior Counsel appearing for petitioner.2. Petitioner, assailing the correctness of the impugned Notifications dated 3rd September 2007 bearing No. Co. 59 CNS 2006 (PART) vide Annexure-A and dated 4th September 2007 bearing No. Co. 59. CNS 2006 (PART) vide Annexure-C, both issued by first respondent-State, has presented the instant writ petition.3. Petitioner herein claims to be one of the Directors elected as the representative from the D.C.C. Bank, Gulbarga and from the 'A' class society. It is the case of petitioner that, the first respondent has issued the impugned Notification vide Annexure-A and C nominating the respondents 3, 5 and 6, by exercising its power under Sub-section (1) of ...

B.M. Farookh Vs. Maharashtra Apex Corporation Limited

Court: Karnataka

Reported in: 2009(2)KarLJ180

ORDERN. Kumar, J.1. The Company Application No. 391 of 2007 is filed for several reliefs most of which have become infructuous because of the subsequent events. The only relief that requires to be considered is a direction to the company to execute the sale deed of the schedule property in favour of the applicant jointly with M/s. Canara Steel Limited represented by its Managing Director on passing of proper resolution in the board meeting to that effect in favour of the applicant or any of his nominees. By way of objection to the said application, company has stated that in the Annual General Meeting held on 26-9-1996 of M/s. Canara Steel Limited it was resolved to permit the Board of Directors of the Canara Steel Limited to dispose off the whole or part of the undertaking/assets of the Rolling Mills Division, Yeyyadi, Mangalore-575008. The copy of the same is produced at Annexure-R4. Further the company has filed a joint memo along with the application in Company Application No. 343 ...

United India Insurance Co. Ltd. Vs. Krishnappa and anr.

Court: Karnataka

Reported in: 2008ACJ668; ILR2007(4)Kar5053.

Ram Mohan Reddy, J.1. All these appeals filed by the insurer of the offending motor vehicle arise out of the common judgment and award dated 16.3.2005 in M.V.C. Nos. 4321 of 2002 and 493-502 of 2002 on the file of the Seventh Addl. Judge, Court of Small Causes & Member, M.A.C.T.-3, Metropolitan Area, Bangalore (SCCH-3), (for short 'the M.A.C.T.').2. The M.A.C.T. by the common judgment and award partly allowed the claim petitions of the injured and determined the compensation for injuries sustained by them in the accident involving the motor vehicle being a lorry bearing certificate of registration No. MYX 7977, driven in a rash and negligent manner. While so doing, the M.A.C.T. noticed that the claimants were travelling as gratuitous passengers in a goods vehicle, nevertheless in the light of the decision in Pramod Kumar Agrawal v. Mushtari Begum 2004 ACJ 1903 (SC), fastened the liability on the appellant insurer to pay the compensation and to recover the same from the insured-owner of...

Sri Jagadish Patil S/O. Shankar Setty Patil Vs. the State of Karnataka ...

Court: Karnataka

ORDERN.K. Patil, J.1. Though this matter is posted in orders list, with the consent of learned Counsel appearing for the parties, the matter is taken up for final disposal having regard to the nature of relief sought in the instant writ petition and also in view of the urgency pleaded by the learned senior counsel appearing for petitioner.2. Petitioner, assailing the correctness of the impugned Notifications dated 3rd September 2007 bearing No. CO.59.CNS 2006 (PART) vide Annexure A and dated 4th September 2007 bearing No. CO.59.CNS 2006 (PART) vide Annexure C, both issued by first respondent - State, has presented the instant writ petition.3. Petitioner herein claims to be one of the Directors elected as the representative from the D.C.C. Bank, Gulbarga and from the 'A' class society. It is the case of petitioner that, the first respondent has issued the impugned Notifications vide Annexures A and C nominating the respondents 3, 5 and 6, by exercising its power under Sub-section (1) of...

Sri B.R. Muralidhar S/O B.V. Rathan Kumar, Vs. State of Karnataka by t ...

Court: Karnataka

Reported in: ILR2007KAR5337; 2008(3)KarLJ6; 2008(1)KCCR373; 2008(1)AIRKarR413; 2008AIHC1392(Kar)

ORDERAshok B. Hinchigeri, J.1. These three writ petitions are clubbed together and are being disposed of by this common order, as the questions of facts and law involved are one and the same. The challenge in this petition is to the Notification, dt. 23.06.2005, issued under Section 17 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 (hereinafter referred to as 'Slum Areas Act').2. The following lands of the petitioners are acquired for the purpose of the third respondent, Karnataka Slum Clearance Board.Sl. No. Writ Petition No. Survey No.(all of Gavlpuram villageExtent1.6429 guntas2.22611 of 2005641 acre 12 guntas3.65/21 acre 12 guntas4.65/214 guntasSl. No. Writ Petition No. Municipal No. 44/1 & 75/1(all of Devanatha-char StreetExtent1.20955 of 200564240 ft. x 252 ft.2.65/2125 ft. x 316 ft.Sl. No. Writ Petition No. Site No. Extent12.21192 of 200576, 77 and 78 Survey No. of Kethamaranahill 16Extent not mentioned Writpetition Extent22 guntas3.Survey No. (all of Govlpura...

Yashodhara B. Shetty Vs. United India Insurance Co. Ltd. and ors.

Court: Karnataka

Reported in: 2008ACJ2112; ILR2007KAR4567; 2008(3)KarLJ654

Ram Mohan Reddy, J.1. Common questions of fact and that of law arise for decision-making, hence, with the Consent of the learned Counsel for the parties, the appeals, though listed for admission, are clubbed together finally heard and are disposed of by this common order.2. M.F.A. No. 5490/2005 and M.F.A. 5489/2005 are preferred by the insured-owner of the offending motor vehicle, calling in question the common judgment and award dated 22-03-2005 in M. V.C. Nos. 2213/2000 and M. V.C. No. 1508/1998 on the file of the Prl. District Judge and Member, Motor Accident Claims Tribunal, Dakshina Kannada, Mangalore, (for short 'MACT').3. M.F.A. 314/2006 is instituted by the claimant-injured dissatisfied with the award of Rs. 47,000/- and interest at 6% per annum as compensation for personal injuries, by judgment and award dated 22-03-2005 in M. V.C. No. 2213/2000 on the file of the MACT.4. The motor vehicle being a bus bearing Certificate of Registration No. KA-19/3619 owned by the appellant in...

Bangalore Metro Transport Corporation Vs. Lakshmamma and ors.

Court: Karnataka

Reported in: 2008ACJ1532; ILR2007KAR4488; 2008(3)KarLJ173

K.L. Manjunath, J.1. BMTC has filed this appeal challenging the Judgment and award passed by the MACT, Bangalore dated: 10-6-2002 in MVC 2110/1999. Respondents were the claimants before the tribunal. Originally claim petition was lodged by them under Section 166 of MV Act claiming compensation on account of the death of Hanumanna alias Ramanna who died in road traffic accident on 28-10-1998 at about 7-30 a.m. near Corporation Bus-stand, deceased was 51 years and drawing salary of Rs. 4090/-. Appellant-BMTC contested the case denying the accident. Later on amendment was sought by the claimants seeking permission of the court to convert claim petition from provisions of Section 166 of MV Act to Section 163-A of the MV Act restricting the income at Rs. 40,000/- per annum. The tribunal though held that deceased was annually getting Rs. 51,804/- restricting the income to Rs. 40,000/- awarded compensation of Rs. 3,02,833/-. This judgment and award is called in question in this appeal.2. We h...

Amiya Vilas Swami and ors. Vs. Shankha Brita Das and ors.

Court: Karnataka

Reported in: 2008(3)KarLJ16; 2007(6)AIRKarR562; AIR2008NOC270; 2008AIHC712(Kar)

Subhash B. Adi, J.1. Though this matter was listed for admission, since it involves the only question of jurisdiction of the Civil Court, as the appeal is against the rejection of plaint, under Order 7, Rule 11 of the Civil Procedure Code, 1908, the matter was taken up for final disposal with the consent of both the parties.2. This is an appeal by the plaintiffs 1 and 6 questioning the order dated 1st March, 2007 passed in O.S. No. 1758 of 2003 in I. No. V.3. The Trial Court has allowed the I.A. No. V filed under Order 7, Rule 11(d) of the CPC and rejected the plaint holding that, the matter can be inquired by the Registrar under Section 25 of the Karnataka Societies Registration Act, 1960 (hereinafter referred as 'Act') and not by the Civil Court.4. The case of the plaintiffs is that, 6th plaintiff-Society was registered in the year 1978 in the name and style as, International Society of Krishna Consciousness (ISKCON). Plaintiffs 1 to 5 and defendants 1 to 10 are the members of the sa...