Karnataka Court November 2008 Judgments
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The Oriental Insurance Co. Ltd. Now Rep. by Its Regional Manager the O ...
Court: Karnataka
Decided on: Nov-14-2008
Reported in: 2009(4)KarLJ121:2009(1)KCCR734:2009(3)AIRKarR412:AIR2009NOC1720(D.B
1. This Appeal is filed by the insurance company being aggrieved by the judgment and award passed in MVC. No. 2680/2000 dated 4.7.2003 by MACT , Bangalore (SCCH 7) challenging the liability to pay compensation.2. The relevant facts of the case are that the on 17.2.2003 at about 10.45 p.m. one Muniyappa was riding scooter bearing No. KA 01/J-8690 on Hosur Lashker Road from Adugodi towards Madiwala, Bangalore. When he came near 'Pizza Corner', a pedestrian came in front of the scooter suddenly and in order to avoid an accident, Muniyappa turned the scooter towards the extreme left side of the road and dashed against the road divider and fell down and sustained serious injuries and later died in the Hospital, contending that they had lost the bread earner of the family, the legal representatives of Muniyapa filed a claim petition under Section 166 of the MV Act but later during the course of trial got the petition amended to one under Section 163A as per the order of amendment dated. 4.10...
Varija Nalige M.L Vs. K.C. Karman and anr.
Court: Karnataka
Decided on: Nov-14-2008
Reported in: 2009ACJ2175; ILR2009KAR195; 2009(4)KarLJ535:2009(1)KCCR314AIRKarR71:AIR2009NOC1957.
B.V. Nagarathna, J.1. This appeal is filed by injured claimant who is a Bharathnatyam Dancer seeking enhancement of compensation by being aggrieved by the judgment and award passed in MVC No. 877/1998 dated 12.6.2003 by MACT, Bangalore Rural District, Bangalore.2. Relevant facts of the case are that on 05.03.1998 at about 10.00 p.m. the claimant along with the others was travelling in a Tata Sumo bearing Registration No. KA-09 M 4967 from Bangalore towards Mysore near Sangabasavanadoddi Cross when a Lorry bearing registration No. CAA 6727 came from the rear side driven in a rash and negligent manner and dashed against the Tata Sumo. As a result of the impact, the claimant and others sustained grievous injuries. She was shifted to Basappa Memorial Hospital, Mysore where she was admitted as an in-patient on account of fractures to the right ribs and her cheek and injury on right eye, amongst other grievous injuries. She was discharged from the hospital on 29.03.1998 and there after took ...
Annapoorneshwari Yuvakara Sangha Represented by Its President, Mr. T.D ...
Court: Karnataka
Decided on: Nov-13-2008
Reported in: 2009(3)KarLJ523
P.D. Dinakaran, C.J.1. In the above public interest litigation the residents of the locality seek a writ of mandamus to direct the respondents to stop the construction of commercial complex at site No. 228 RHCS Layout, Annapoomeshwari Nagar, Bangalore which is a residential area and to comply with the master plan and the provisions of Karnataka Town and Country Planning Act, 1961 and Karnataka Municipal Corporation Act, 1976. They have also sought for a direction to the respondents to withdraw the permission granted for transfer of excise licence vide Lic. No. EXEIML 41CL-9-07-08 transferred on 15.10.2007.2. When the matter was taken up for hearing, the learned Counsel for the petitioners seeks permission to withdraw the writ petition. It is settled law that residents of a locality have got every right to file public interest litigation for the enforcement of the town planning or exhibition of the planning permission in accordance with law. Therefore, the petitioners have rightly set t...
Vijaya Bank, Residency Road Branch Vs. Dynasty Holdings (P) Ltd., a Co ...
Court: Karnataka
Decided on: Nov-12-2008
Reported in: 2009(4)KarLJ105; 2009(2)KCCR991; 2009(2)AIRKarR76; AIR2009NOC1284(D.B)
A.N. Venugopala Gowda, J.1. Appellant was the defendant and Respondent was the plaintiff In O.S. No. 4747/2000 on the file of the City Civil Court, Bangalore City. Suit filed by the respondent for decree of ejectment and for damage manse profits against the appellant having been decreed by Trial Court on 04.04.2007, this appeal is filed questioning the same. For convenience, parties will be referred to hereinafter with reference to their rank in the suit.2. The preface of the Hon'ble Supreme Court at paras 2 and 3 in the decision of Ambalal Sarabhai Enterprises Ltd. v. Amritlal and Co., reported in (2001) 8 SCC 397, is apt to be noticed in this appeal by a Public Sector Bank - appellant, to consider the point raised by it for our decision. Hon'ble Supreme Court has observed as follows:2. It is unfortunate, an eviction petition which was filed on 13.9.1985 still the parties are battling to find which court would have the jurisdiction. Whether the Court of Rent Controller under the Delhi...
Kuntegowda S/O Late Chaluvegowda, Vs. Deputy Commissioner,
Court: Karnataka
Decided on: Nov-12-2008
Reported in: 2009(9)KarLJ44:2009(2)KCCRSN47
P.D. Dinakaran, C.J.1. This writ appeal is by the unsuccessful petitioners in Writ Petition No. 8417/2008 being aggrieved by the order dated 23.6.2008 passed by the learned Single Judge confirming the order of the Deputy Commissioner, Tumkur District dated 21.1.2008 and the order of the Assistant Commissioner dated 24.10.2005 declaring the sale transaction made in respect of 5 acres of dry land in Sy. No. 48 of Sonnenahalli village, Tiputur Taluk, Tumkur District by the husband of the third respondent herein in favour of the appellant/writ petitioners as null and void and consequentially directing resumption and restoration of the said property in favour of third respondent.2.1. The undisputed facts of the case are:Dry land of an extent of 5 acres located in Sy. No. 48 of Sonnenahalli village, Tiptur Taluk was granted under Rule 43(6)(a)(ii) of the Mysore Land Revenue Code to the husband of the third respondent herein on 17.1.1960 for a reduced upset price of Rs. 25/- per acre.2.2. Rul...
Sri Govindegowda S/O. Range Gowda Vs. the State of Karnataka Rep. by I ...
Court: Karnataka
Decided on: Nov-11-2008
Reported in: ILR2009KAR302; 2009(9)KarLJ138; 2009(1)KCCR239; 2009(2)AIRKarR369
ORDERN.K. Patil, J.1. Petitioner in this petition has sought for quashing the notice issued by second respondent - Senior Geologist Officer dated 19th March 2008, the copy of the said notice is submitted at Annex-C. Further, petitioner has sought for a direction, directing the second respondent - Senior Geologist Officer to consider the petitioner's application made on 16th February 2008 for renewal of his license for period of another one year according to Rule 21(2) (amended rule) of the Karnataka Minor Mineral Concessions Rules, 1994.2. The grievance of the petitioner in the instant writ petition is that, the second respondent herein has renewed the licence of the quarry lease for one year and the same has expired on 21st March 2007. Thereafter, petitioner has submitted his application on 16th February 2008, seeking grant of another one year period by way of renewal as provided the relevant provisions of the Karnataka Minor Mineral Concessions Rules, 1994 (hereinafter called 'KMMC R...
Shashi Distilleries Pvt. Ltd. Vs. the Excise Commissioner in Karnataka ...
Court: Karnataka
Decided on: Nov-10-2008
Reported in: ILR2009KAR42; 2009(5)KarLJ626
ORDERK.L. Manjunath, J.1. According to the petitioner, it has obtained an authorization from M/s Mohan Meakins Ltd. which is a century old liquor manufacturing company with a trade mark and logo 'Old Monk XXX Rum' of M/s Mohan Meakins Ltd. The brand of Old Monk in 180 ml., 375ml. and 750 ml. is very popular among the consumers of liquor. As per Excise Act and Rules, Excise Commissioner has to approve the label for affixing on the bottles every year. The petitioner has obtained approval of the label from the Commissioner of Excise for the year 2008-09 and has been affixed on the bottles and that it has been carrying on the sale of liquor with the labor 'Old Monk very old vatted Special XXX Rum'.2. According to the petitioner, R-2 is also a distiller manufacturing Indian Made Foreign Liquor and also manufacturing the Rum under the name and style of 'Rambo Gold XXX Rum'. It is the case of the petitioner that all applications were filed by the R-2 on 23.6.2008 for approval of its label und...
Rajiv Gandhi University of Health Sciences by Its Registrar, Dr. S. Va ...
Court: Karnataka
Decided on: Nov-10-2008
Reported in: 2009(2)KarLJ656:2009(2)KCCR1420:AIR2009NOC2333(D.B)
P.D. Dinakaran, C.J.1. The above writ appeal is directed against the order dated 3rd December 2007 made in Writ Petition No. 8194/2006 laid by the Association of Physical Education Teachers (hereinafter referred to as 'Physical Education Teachers') who are working in the affiliated colleges of Rajiv Gandhi University of Health Sciences governed under the Rajiv Gandhi University of Health Sciences Act, 1994 (for short hereinafter referred to as 'Act').2. The Physical Education Teachers sought a writ of mandamus to direct the Rajiv Gandhi University of Health Sciences (for short hereinafter referred to as 'Rajiv Gandhi University') to treat the Physical Education Teachers in the colleges affiliated under the Rajiv Gandhi University as Teachers within the meaning of Section 2(m) of the Act and for a consequential direction to include them in the list of voters (electorate) for electing the Senate Members under Section 2(xii) of the Act.3. The claim of the Physical Education Teachers is ba...
Sri Sannegowda S/O Thimmegowda (Late), Karnataka State Road Transport ...
Court: Karnataka
Decided on: Nov-10-2008
Reported in: ILR2009KAR318:2009(1)KCCRSN15:2009(4)AIRKarR111
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 articles of charges dated 15.07.2004 and the enquiry repast dated 21.04.2005 and for other reliefs.2. On 05.04.1993, the respondents appointed the petitioner as a driver. On 20.12.2002, articles of charges were issued to the respondent alleging that he had secured the appointment by producing a bogus transfer certificate issued by the Government Primary School Karia at Hassan Taluk. The respondent submitted his reply to the articles of charges interalia denying the allegations made against him. The Disciplinary Authority not being satisfied with the explanation of the respondent initiated enquiry proceedings and appointed one Sri. B.T. Nanjundaiah as enquiry officer. On 27.09.2002, the enquiry officer submitted his report stating that the charges levied against the respondent as not proved. The Disciplinary Authority neither accepted the enquiry report nor ...
Kirloskar Brothers Ltd. Lead Member of Kbl-g Shankar Jv Vs. Karnataka ...
Court: Karnataka
Decided on: Nov-10-2008
Reported in: 2009(5)KarLJ608; 2009(1)KCCRSN13; 2009(2)AIRKarR411
ORDERN.K. Patil, J.1. Petitioner in this petition is M/s. Kirloskar Brothers Limited represented by its authorized signatory. Petitioner has sought for calling the records from the first respondent pertaining to calling for, consideration and acceptance of the tenders in package II of Upper Bhadra Lift Irrigation Project upon publication of invitation of tender as per Annexure -A. Further, petitioner has sought for quashing all the proceedings accepting the tender of the third respondent by the first respondent pertaining to package II of Upper Bhadra Lift Irrigation Project as per Annexure-K dated 30* September 2008 and to direct the first respondent to award the contract for implementation of the package II of Upper Bhadra Lift Irrigation Project to the petitioner.2. Facts in brief are that, the first respondent herein issued the notice inviting the tenders on EPC (TURN KEY) basis for the Upper Bhadra Lift Irrigation Scheme under two packages. Package I was relating to lifting of 15 ...
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