Karnataka Court December 2008 Judgments

Rajakumaragouda and ors. Vs. Sharanagouda

Court: Karnataka

Reported in: ILR2009KAR3865

ORDERN. Kumar, J.1. The petitioners have challenged in this writ petition the order dated 30/08/2006 passed in the Execution Petition No. 8/1995 as per Annexure 'L' holding that the execution petition filed by the decree holder is not time barred.2. One Shivawwa-mother of the respondent filed a suit O.S. No. 39/1971 for a decree of specific performance of the agreement of sale dated 27/07/1970 and for a decree of permanent injunction. The suit was contested. After Trial, the plaintiff's suit was decreed as prayed for with costs. The said judgment was delivered on 24th November, 1973. Shivawwa died on 25/01/1982. After her death, the respondent herein, her son, has preferred an Execution Petition No. 8/1995 on 27/01/1995 for execution of the sale deed in terms of the decree. After service of notice, the petitioners, who are the legal representatives of the original defendant entered appearance and filed their written objections contending that the execution petition filed for executing ...

Mahadevamma D/O Late Gowramma and W/O Late B. Andanappa Vs. Javaramma ...

Court: Karnataka

Reported in: 20091)KCCR785

K. Ramanna, J.1. The appellant/defendant has come up with this appeal challenging the judgment and decree passed by the 1 Addl. City Civil Judge, Bangalore in O.S. No. 3634/1984 dated 25-7-2002 decreeing the suit of the plaintiffs for partition, possession and mesne profits.2. For the sake of convenience, the parties will be referred to by their rankings before the trial Court.3. The brief facts of the case are that the plaintiffs have filed the suit against the defendant for partition of their 7/8th share in the suit schedule property bearing No. 2 (new No. 27), I main road, Kalabhairavaswamy temple street, Mysore Road, Bangalore and also sought for mesne profits. The case of the plaintiffs is that first plaintiff is the wife and plaintiffs-2 to 7 are the children of late B Andanappa @ Buddu; that the said B Andanappa died on 14-5-1973 as a member of hindu joint family leaving behind the plaintiffs and one Smt. Madamma - his mother and Smt. Gowramma - his sister; that the said Gowramm...

Channabasappa Gavisiddappa Mattur and Sharanappa Gavisiddappa Mattur V ...

Court: Karnataka

K. Ramanna, J.1. The appellants/plaintiffs have come up with this appeal under Section 100 CPC challenging the judgment and decree dated 28-1-2002 passed by the Civil Judge (Sr.Dn), Koppal in R.A. No. 8/2000 reversing the judgment and decree dated 4-2-2000 passed by the Civil Judge (Jr.Dn), Koppal in O.S. No. 65/1995, praying to set aside the same and to restore the judgment and decree passed in O.S. No. 65/1995,2. For the sake of convenience, parties will be referred to as their ranking before trial Court.3. The brief facts of the case are that plaintiffs have filed a suit through their natural guardian and mother before the trial Court seeking for the relief of declaration of their ownership over the suit schedule lands and to restrain the defendants from interfering with their peaceful possession and enjoyment of suit schedule properties contending that the plaintiffs are owner in possession of the suit lands bearing Sy. No. 85 measuring 13 acres 19 guntas and land in Sy. Nos. 70/A ...

The State of Karnataka by Its Secretary, Finance Department and ors. E ...

Court: Karnataka

V. Gopala Gowda, J.1. These appeals are filed by the State of Karnataka and its officers questioning the correctness of the common order dated 1-6-2006 passed by the learned single Judge in W.P. Nos. 24575/2005, 1280/2006, 2027/2006, 27310/2005, 3773/2006, 557/2006, 181/2006, 26223/2005, 3370/2006, 3554/2006, 27312/2005, 4572/2006 and 4908/2006. The learned single Judge allowed the writ petitions, quashed the impugned endorsements and the assessment orders and held that petitioners are entitled to tax exemption under the Karnataka Sales Tax Act (hereinafter referred to as *KST Act*). The impugned order is challenged urging various grounds and prayed to allow these appeals and to set aside the order of learned single Judge.2. As per Memo dated 14-8-2008 filed by the learned Addl. Government Advocate, the appeal pertaining to W.P. No. 26233/2005 is de-linked from the batch of these writ appeals.3. By notification dated 30-12-1993 tax exemption was given under the KST Act to new tourism u...

The Oriental Insurance Co. Ltd., Vardha Branch Through Its Administrat ...

Court: Karnataka

Reported in: 2006ACJ2600; 2009(3)KarLJ267:2009(3)KCCR1575:2009(2)AIRKarR458(D.B).

Deepak Verma, J.1. Sri. B.C. Seetharama Rao with Kum.Preeti, learned Counsel appeared for the appellant Ms. Gunasheela.L, for Sri P. Prabhakar Shetty & Sri K. Giridhar, learned Counsel appeared for respondents Nos. l and 2 and Sri A.N. Krishnaswamy, learned Counsel appeared for respondent No. 3. None appeared for respondent No. 4.2. Appeal is by insurer of lorry bearing registration No. MWY 7588, against award dated 19.04.2004 passed by MACT, DK., Mangalore in M.V.C.No. 1514/1999, whereby and whereunder for death of Bhujanga son of respondents 1 and 2, a total amount of Rs. 3,10,500/- together with interest at the rate of 6% has been awarded. The liability of the appellant-insurer has been assessed at 50%, whereas for remaining 50%, the liability has been fastened on respondent No. 3 herein, the insurer of the other vehicle.3. In the following circumstances, the accident had taken place.On 24.07.1999 at about 2.30 a.m. Bhujanga, deceased was travelling in a tempo trax bearing registrat...

J.M.C. Projects (India) Ltd., Engineers and Contractors Represented by ...

Court: Karnataka

Reported in: ILR2009KAR1736; (2009)25VST216(Karn); 2009(1)KCCR403

ORDERD.V. Shylendra Kumar, J.1. The writ petitioner who is a dealer under the provisions of Karnataka Value Added Tax Act, 2003 is complaining that a non competent authority is delving into the affairs of the petitioner in respect of the concluded assessment for the years April 2005- March 06 , April 2006- March 07 , April 2007- March 08, by virtually holding a roving enquiry into the concluded assessment; that it is not permissible for the second respondent - the Commercial Tax Officer Audit-13, DVO-1, Gandhinagar, Bangalore-9 - to examine the matters in such a manner; that the respondent is neither competent nor the prescribed authority to examine the concluded assessments which are to be reopened; that the proceedings are one without jurisdiction and therefore the communications at Annexures U1, U2, V and X in the series are incompetent and not valid; such proposal and action are required to be quashed.2. Submission of Sri. Sarangan, learned Senior Counsel appearing for the petition...

T. Srinivasa S/O Sri K.N. Thimmaiah Vs. J.J. Prakash In-charge Secreta ...

Court: Karnataka

Reported in: AIR2009Kant86; ILR2009KAR378; 2009(2)KLJ444; 2009(2)AIRKarR453; AIR2009Kar86; 2009Cri.LJNOC612

ORDERA.N. Venugopala Gowda, J.1. This contempt petition has been filed under Section 12 of the Contempt of Courts Act, 1971 (for short, the Act'), to take action for disobeying the Award/order dated 02.05.08 passed by the Joint Registrar of Cooperative Societies/Departmental Arbitrator, in Dispute NoJRD/UBF/10064/2005-06 and to punish the accused.2. Briefly stated, the facts which have led to the filing of this contempt petition are as follows:The complainant was admitted as an Associate member of the Bhavasara Kshatriya Co-operative Society Ltd. Bangalore - 53 (Society', for short) in the year 1991. He represented to the Society on 15.10.03 for regular membership, on which no action was taken. Consequently he filed a dispute under Section 70 of the Karnataka Cooperative Societies Act, 1959 (for short, 'Societies Act') with a prayer to direct the Society to admit him as a regular member. The said dispute which was referred for adjudication, was contested by the Society and the learned ...

K.G. Srikanth S/O Ganesh Rao Vs. the Tahsildar and the Deputy Commissi ...

Court: Karnataka

Reported in: ILR2009KAR911; 2009(5)KarLJ262

ORDERN.K. Patil, J.1. Petitioner in this petition has sought for calling the entire records from the file of the first respondent, pertaining to No. MSC/CR/7/2008-09, and on perusal of the same to set aside the impugned order of the Tahsildar, Bangalore South Taluk, Bangalore dated 13th October 2008, vide Annexure-A.2. The only grievance of petitioner in the instant writ petition that he belongs to a community called 'Maleru' which comes under Scheduled Tribe category as per the presidential Notification. After completion of his education, he obtained the Caste Certificate in the year 1982 claiming that, he belongs to 'Maleru' community belonging to Scheduled Tribe in the pursuance of the Notification issued by the competent authority. On the basis of the said Caste Certificate, petitioner was appointed as an employee at the BSNL and now he is working as Sub Divisional Engineer. It is the case of petitioner that, he was born in Kiranagere Village of Thirthahalli Taluk and there he comp...

Dr. S.K. Ghatak S/O Dr. Manoranjan Ghatak, Vs. S. Prabir Roy S/O M.K R ...

Court: Karnataka

Reported in: ILR2009KAR3533:2009(3)KCCRSN138; 2009(5)AIRKarR361(D.B)

K.L. Manjunath, J.1. The appellants were defendants in O.S. No. 4587/33 on the file of the VIII Additional City Civil Judge and Sessions Judge, Bangalore. The suit was instituted by the 1st respondent harain for the following reliefs:a. To declare that the plaintiff is entitled to purchase the just schedule property from defendants-1 and 2; andb. To direct the defendants to execute and register the sale deed in respect of the suit schedule property by receiving the balance sale consideration amounting to Rs. 14 lakhs within four months and in, default, requesting the Court to direct the defendants execute the sale deed and register on behalf of the plaintiff at the cost of the defendants.2. The suit property is described as (sic) bedroom Apartment (flat) bearing No. 6, situated in the 8fch floor with covered car parking space in the ground level at Hoysala Apartments, Cunningham crescent, Bangaior&-560052. The approximate built area is - 1605 sq.ft.3. According to the .plaint averments...

Belliyappa Gowda Vs. Karnataka State Road Transport Corporation and an ...

Court: Karnataka

Reported in: [2009(121)FLR690]; 2009(2)KarLJ527:2009(1)KCCR581:2009(2)AIRKarR432(D.B

P.D. Dinakaran, C.J.1. These appeals arise against the common order dated 10-9-2007 passed by the learned Single Judge in W.P. No. 41449 of 2003 (Belliyappa Gowda v. Karnataka State Road Transport Corporation Bangalore and Anr. ILR 2007 Kar. 5325), filed by the appellant in W.A. No. 43 of 2008, challenging the award dated 25-1-2003 passed by the Labour Court, Mangalore, in I.D. Application (LCM) No. 55 of 1999, dated 25-1-2003, wherein, the Labour Court rendered a finding that the injury sustained by the writ petitioner was not during the course of employment, but, owing to the assault with a private individual and therefore, physical disability, which incapacitated him to work as a conductor, falls outside the scope of employment, which enabled the respondent-Karnataka State Road Transport Corporation, which will be (hereinafter referred to as the 'Management') to pass an order compulsorily retiring him under the Karnataka State Road Transport Corporation Employees' Compulsory Retirem...