Karnataka Court December 2008 Judgments

Flemingo Dutyfree Shops Pvt. Ltd., a Company Incorporated Under the Co ...

Court: Karnataka

Reported in: 2009(5)KarLJ9

ORDERV. Gopala Gowda, J.1. The Writ Petition is filed by M/s. Flemingo Duty-free Shops Pvt., Ltd. a Company incorporated in this year 2004 seeking for issuance of declaratory relief to declare that clause 3.2 of the Invitation for Expression of Interest (hereinafter in short referred to as 'E.O.I') issued by the third respondent which is Bangalore International Airport Limited (hereinafter in short referred to as BIAL'), in which it has sought to restrict issuance of tender documents and consideration of bids only from five persons is arbitrary and discriminatory, that the evaluation of the E.O.I by respondents 3 & 4 with respect to Retail and Duty-Free shop to be established in the International Departure and Arrival Duty-free at the New BIAL, Devanahally is arbitrary, discriminatory and further directions to declare the action of the respondents 3 & 4 in short-listing only respondents 5 to 9 for issuance of tender documents and excluding the petitioner from the said list and decision...

Smt. Sudhatai and anr. Vs. the Joint Registrar of Co-operative Societi ...

Court: Karnataka

Reported in: ILR2009KAR286; 2009(3)KarLJ247

ORDERN. Kumar, J.1. Learned Government Advocate is directed to take notice for first respondent. As no notice was ordered before passing the impugned order to defendants-2 and 3, notice to them is-dispensed with.2. As the question involved is purely a question of law, the matter is taken up for final disposal and disposed of by this order.3. The petitioners have challenged in this writ petition the order dated 03.12.2008 passed by the Karnataka Appellate Tribunal refusing to consider the application for stay filed in the appeal, on the ground that there is delay in preferring the appeal and till the application for condonation of delay is considered and disposed of, it has no jurisdiction to consider the application for stay.4. The second respondent Harikant Credit Souharda Sahakari Limited, filed a dispute seeking recovery of a sum of Rs. 11,65,150-00 against the first petitioner, the principal borrower. The second petitioner is the surety. The Joint Registrar of the Co-operative Soci...

Narasappa Gouda and ors. Etc. Vs. Smt. Tulasawwa and ors. Etc.

Court: Karnataka

Reported in: AIR2009Kant180; 2009(4)KCCR2352; 2009(5)AIRKarR80; AIR2009Kar180

Subhash B. Adi, J.1. Both these appeals arise out of the judgment and decree in O.S. No. 10/1994 dated 19th August 1997 on the file of 1st Additional Civil Judge (Sr. Dn.)Dharwad.R.F.A. No. 734/1997 is by the defendants-1 to 4, R.F.A. No. 755/1997 is by the plaintiff.2. Parties will be referred to as per their ranking in the trial Court.3. Suit is one for partition and separate possession of 1/6th share by metes and bounds.4. Plaintiff is the mother of defendant Nos. 1 and 5. Defendant Nos. 2 and 4 are children of defendant No. 1. The genealogy of the family is as under: Venkanagouda Patil (Propjositus ahead) | ____________________________________________________________ | | | Tulasawwa (Plff.) Narappagouda Deft.-1 Suvarna W/o Venkanagouda s/o plaintiff & (daughter) Patil propositus deft.-5 Venkanagouda Patil | ____________________________________________________________ | | | Venkanagouda Arunagouda Anand Gouda Defendant-2 Defendant-3 Defendant-4Venkanagouda Patil died on 24-1-19...

Asha Ramesh Kumar W/O Dr. Ramesh Kumar and C. Sambasivam S/O Late Chen ...

Court: Karnataka

Reported in: 2009(2)AIRKarR126; AIR2009NOC1386; 2009(1)KCCR252

ORDERB.S. Patil, J.1. In this writ petition, petitioners are challenging the order dated 09.8.2006 passed by the Commissioner, Bangalore Development Authority, Bangalore (hereinafter referred to as 'the BDA', for short) canceling the allotment of site bearing No. 751, Block-II of Sir M. Visweshwaraiah Layout, Bangalore.2. 1st petitioner is the daughter of the 2nd petitioner. They have jointly filed this writ petition. The 1st petitioner applied on 13.11.2001 to the respondent-BDA requesting for allotment of a site measuring 15 x 24 metres by paying a deposit of Rs. 71,500/-. As she was not allotted a site and as she had to go abroad, she executed a registered General Power of Attorney in favour of her father, the 2nd petitioner herein on 07.12.2001. Through her father and the General Power of Attorney holder, she again applied on 07.06.2002 seeking allotment of a site of the same dimension by paying the deposit amount of Rs. 71,500/-. The BDA issued one more notification calling for ap...

State of Karnataka Vs. M. Rama S/O M. Ankaiah,

Court: Karnataka

V.G. Sabhahit, J.1. This appeal by the State is Filed being aggrieved by the judgment of acquittal passed by the IV Additional City Civil and Sessions Judge, Mayo Hall, Bangalore, in SC.No. 389/1998 wherein the respondents-accused before the trial court have been acquitted of having committed the offences punishable under Sections 302 r/w. 34 IPC,2, The respondent herein stood charged before the trial court of having committed the offences punishable under Section 302 r/w, 34 IPC, on the accusation that, on 31,5.1998 at about 9 pm near Sanjay Bar and Restaurant, Suranjandas Road, J.B. Nagar, in furtherance of their common intention to cause the death of Mani @ Manivannan that accused 1 and 2 assaulted Mani (a) Manivannan with knives on his chest and back and accused No. 3-Shanmugam assaulted Mani @ Manivannan with hands and caused his murder and thereby committed the offence punishable under Section 302 r/w. 34 IPC.,3. It is the case of prosecution that on 31/5/98 at about 10.15pm when...

Mr. Charles Rego S/o Late Gabriel Rego Vs. Father Muller's Charitable ...

Court: Karnataka

Reported in: ILR2009KAR487; 2009(4)KarLJ702; 2009(1)KCCR306; 2009(2)AIRKarR229; AIR2009NOC1285

ORDERAnand Byrareddy, J.1. Heard the Counsel for the petitioner and the respondent.The facts of the case are that the petitioner is the owner of the schedule property described in Schedule-A and Schedule-B to the eviction petition. It is contended (hat the property originally belonged to the maternal grand-father of the petitioner. His grand-lather had granted the same on moolageni to one Joseph Pinto, under a registered deed dated 13.9.2001, which has been produced as Ex.P-1 before the trial court. In terms of the said deed, the property could not be transferred by the lessee without the written consent of the moolagar or the owner.2. Joseph Pinto had sold the moolageni right to Ms. Lilly Theresa Machado and Antony Salvadore Machado, with the consent of the owner, in terms of Ex.P-2, a registered 6ced dated 5.10.1928. Lilly Theresa Machado had released her rights in favour of Antony Salvadore Machado as per Ex.P-3 on 23.5.1930, again with the consent of the owner. Antony Salvadore Mac...

Hariram Krishna Iyer Vs. State Bank of India and ors.

Court: Karnataka

Reported in: [2009(121)FLR1054]; 2009(3)KarLJ55

ORDERAnand Byrareddy, J.1. Heard the Counsel for the parties.2. The facts as narrated are as follows.-The petitioner had joined the services of the first respondent-Bank as a clerk on 21-4-1980. The petitioner has produced credentials to indicate that he was a highly meritorious student. It is stated that while he was working at Jamakhandi Branch of the Bank, he had developed a form of severe eye allergy called Spring Catarrah. The doctors had prescribed steroid drops. It is claimed that on account of prolonged use of that drug, there was a rise in intra-ocular pressure, resulting in an estrogenic medical case of steroid induced glaucoma, as a result, the petitioner was rendered almost blind. However, by timely surgery, about 60% of the overall vision was saved, in the result, he is blind to the extent of 40%. In that, the petitioner has completely lost vision in the left eye and the normal field of vision in the right eye has diminished. He is classified as a 'one-eyed person' in the ...

Vasantrao Bapusaheb Killedar Vs. Ramachandra @ Ramanathasa S/O Babansa ...

Court: Karnataka

Reported in: 2009(3)KarLJ333:2009(1)KCCR4682009(3)AIRKarR21:AIR2009NOC2193.

K. Ramanna, J.1. The appellant/defendant has come up with this second appeal under Section 100 CPC challenging the judgment and decree dated 10-7-1995 passed by the Civil Judge, Gadag in O.S. No. 63/1992 which is confirmed by the judgment and decree dated 13-3-2002 passed by the District Judge, Gadag in R.A. No. 24/2000.2. For the sake of convenience, the parties will be referred to by their ranking before the trial Court.3. The brief facts of the case are that: plaintiff filed a suit before the trial Court seeking for the relief of specific performance of contract dated 31-3-1990 and permanent injunction in respect of the suit schedule property bearing TMC No. 412 situated at Ward No. 4, Gajendragad town, Ron Taluk. The case of the plaintiff is that the defendant entered into an agreement to sell the suit property which is consisting of two shops and zinc sheet shed and open space behind them with compound for a sum of Rs. 1,80,000/- and receive Ra. 1,20,000/- towards earnest money an...

Sri. Ramacandra and anr. Vs. Sri. Vithal and ors.

Court: Karnataka

Reported in: ILR2009KAR423; 2009(9)KarLJ110

ORDERN. Kumar, J.1. The petitioners have preferred this writ petition challenging the order permitting defendants 3 to 6 to cross-examine PW-1.2. The first respondent-Vithal is the plaintiff in O.S. No. 53/2005. He filed the suit against the petitioners and respondents 2 to 5 for a declaration that the decree passed in O.S. No. 550/1975 dated 5.1.1982 is not binding on him, he is in actual peaceful possession of the property and therefore, he sought for the relief of injunction restraining the petitioners herein from disturbing his possession except in accordance with law.3. O.S. No. 550/1975 was instituted by Yallubai Monappa Marve for a declaration that she is the owner and to restrain Yamunappa Dundappa Marve from disturbing her lawful possession in respect of the suit schedule property. The said Yamunappa Dundappa Marve filed a suit in O.S. No. 429/1973 against Yallubai and sought an injunction. Both the suits were clubbed together and common trial was conducted. O.S. No. 429/1973 ...

Anitha W/O K.R. Keshavamurthy, Vs. Bwssb by Its Secretary and

Court: Karnataka

Reported in: 2010ACJ27:2009(4)KCCR2539:AIR2009(3)KarR259:AIR2009NOC2717(D.B).

Arali Nagaraj, J.1. These three MFAs., have arisen from the same judgment and award dated 12.9.2005 passed in MVC No. 3847/1998 by the MACT, Bangalore (SCCH-2). The appellants in MPA No. 1503/2006 have sought for enhancement of the compensation awarded in their favour towards the death of one K.R Keshavamurthy as a result of Motor Vehicle accident; MFA No. 3337/2006 is filed by Bangalore Water Supply and Sewerage Board ('BWSSB' in short) and MFA No. 295/2006 is filed by the Bangalore Mahanagara Palike (BBW in short), challenging the findings of the Tribunal in the impugned judgment as to liability of these appellants (respondents before the Tribunal) to pay compensation to the claimants therein jointly with Respondent No. 7 namely 'BMP' (Respondent No. 4 before the Tribunal). Therefore, all these MFAs, are disposed of by a common judgment.2. There has been delay of 10 days in filing MPA No. 1503/2006 and 56 days in filing MFA No .3337/2006 and therefore, the respective appellants have ...