Karnataka Court December 2008 Judgments

K. Subramani S/O. Kannan Vs. Zaheerunnisa Begum W/O. Late Meer Kareemu ...

Court: Karnataka

Reported in: 2009(2)KarLJ597:2009(1)KCCR369:2009(2)AIRKarR98

Ram Mohan Reddy, J.1. An unsuccessful plaintiff is before Court invoking Section 96 of the Code of Civil Procedure calling in question the Judgment and decree dt 25.9.2000 in O.S. No. 2012/85 of the 11th Addl. City Civil Judge, Bangalore city, partly decreeing the suit, while rejecting the relief of specific performance of agreement of sale and restraining the defendants by way of a permanent injunction from disturbing the plaintiff's peaceful possession and enjoyment of the suit schedule property until dispossessed, in accordance with law.2. Facts in brief are:(a) The appellant instituted O.S. 2012/85 for specific performance of the agreement of sale dt. 25.12.1983 and permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property being a site measuring 54 ft. East to West and 42 ft. North to South, carved out of Sy. Nos. 18/2, 19, 20 and 21 of Agrahara Thimmasandra village, known as C.K. Chinnappa ...

B.K. Pushpalatha and Others Vs Gopala and Others.

Court: Karnataka

Reported in: ILR2010KAR1517

ORDER1. Petitioners in this petition have sought for calling the records in M.V.C.No. 1183/2001 on the file of Motor Accidents Claims Tribunal , Srirangapatna and to set-aside the Annexure - A order dated 1st February 2006, passed in M.V.C.No. 1183/2001 on the file of Motor Accidents Claims Tribunal, Srirangapatna. 2. The petitioners herein claim that, they are the legal representatives of the deceased late Sri. Manje Gowda who had filed the M.V.C.No. 1183/2001 on the file of the Additional Motor Accidents Claims Tribunal, Srirangapatna ('Claims Tribunal' for short) on 30 November 2001 seeking compensation on the ground that, on 6 July 2001 at about 3:30 P.M near Bisilumaramma Temple at KailahaiS village, while he was about to cross the road, the first respondent - the driver of the Hero Honda motor cycle bearing KA-11/J-8851 came in a rash and negligent manner to endanger human life and dashed against him and caused accident, in the said accident, deceased Manje Gowda sustained grieva...

Sree Maruthi Grameena Udyoga Kendra (R) by Its Prop., G. Ashok Reddy S ...

Court: Karnataka

Reported in: 2009(2)KarLJ557; 2009(2)AIRKarR124; AIR2009NOC1382

ORDERN.K. Patil, J.1. Petitioner in this petition is a registered Grameena Udyoga Kendra, represented by its Proprietor. Petitioner has sought for quashing the Notification as per Annexure-M dated 27th November 2008 which is also published vide Annexure-M1 in ' Praja vani' daily news paper dated 29th November 2008 and to direct the respondents to permit the petitioner to supply Double Fortified Salt to the Districts in respect of which, the petitioner's tender is found to be the lowest.2. The brief facts of the case are that, in pursuance of the Notification issued by first respondent dated 27th September 2008 calling for tenders for supply of 'Double Fortified Salt', petitioner has also submitted his tender form along with several other persons who were eligible. Bid has been opened from 3rd November 2008 to 6th November 2008 and petitioner's quotation was found to be the lowest in respect of twenty Districts. The said fact has been communicated to the petitioner through the District ...

Smt. S. Devamma @ Devi Bai W/O Samya Naik and Thriveni D/O Samya Naik ...

Court: Karnataka

Reported in: 2009ACJ2427; ILR2009KAR472; 2009(2)KarLJ683:2009(1)KCCR268:2009(3)AIRKarR102:AIR2009NOC780

Huluvadi G. Ramesh, J.1. This appeal is by the claimants seeking modification of the judgment and order passed by the Railway Claims Tribunal, Bangalore Bench in O.A. No. 1/2002 dated 9-10-2007 ordering to pay the interest front the date of filing the application.2. An application was filed by the mother and sister of the deceased as per Section 16 of the Railway Claims Tribunal Act, 1989 (for short 'the Act') seeking to award compensation of Rs. 4,00,000/-, stating that on 30-08-2001 when the deceased-L.S. Prasanna Kumar was travelling by Train No. 262 Mysore-Arasikere Passenger from Mysore to Hassan, he fell down accidentally at Krishnarajanagar Railway station. It is also stated that he was a bonafide passenger holding season ticket No. 00354928.3. The matter was contested by the Respondent-Railways contending that there is no cause of action as the application was not filed under Section 123(c)(2) or Section 124-A of Railway Act, 1989. A defence was also taken that the deceased att...

Sri V.C. Chowdary S/O Late V. Veeranna Vs. the Indian Bank Represented ...

Court: Karnataka

Reported in: 2009(2)KarLJ498; (2009)IIILLJ587Kant; 2009(2)KCCR1414; 2009(4)AIRKarR77(D.B)

P.D. Dinakaran, C.J.1. The unsuccessful writ petitioner in writ petition No. 17177 of 2006 is the appellant herein. For the purpose of convenience the parties are referred to with respect to their rank in the writ petition.2. The petitioner is an employee of the 1st respondent-nationalized Bank. He applied for voluntary retirement on 22.06.2006 as per the Indian Bank Employees Pension Regulation, 1995 (for short 'Pension Regulation') which provided for a deeming acceptance of the voluntary retirement scheme and consequential relieving from service of the 1st respondent-nationalized Bank after the expiry of three months of the date of receipt of the voluntary retirement. But the Bank by proceedings dated 11.09.2006 rejected the request for voluntary retirement. The petitioner made a further representation on 11.10.2006 again seeking voluntary retirement based on his earlier representation dated 22.06.2006 placing reliance on Regulation 29. The 1st respondent-Bank again by proceedings da...

Bowring Institute Vs. the District Registrar of Societies

Court: Karnataka

Reported in: 2009(1)KarLJ597; 2009(2)AIRKarR121

ORDERN.K Patil, J.1. Petitioner in this petition is a Society registered under the Karnataka Societies Registration Act, 1960. Petitioner has sought for quashing the impugned notice dated 25th November, 2008 under Section 25 of the Karnataka Societies Registration Act, 1960, produced as Annexure-B to the writ petition.2. The grievance of the petitioner-institute in the instant writ petition is that, it is a Society registered under the Karnataka Societies Registration Act, 1960 and was established in the year 1868 as a literary and scientific institute. It is a 140 years old Association and was formally registered under the Societies Registration Act, 1860 and subsequently, under the Karnataka Societies Registration Act, 1960. The main objects of the petitioner-institute is to permit the literary, scientific and social improvement of all classes of the community, of both sexes, by means of a reading room, library, concerts and other entertainment and such other indoor and outdoor games...

Bowring Institute, a Society Registered Under the Karnataka Societies ...

Court: Karnataka

ORDERN.K. Patil, J.1. Petitioner in this petition is a Society registered under the Karnataka Societies Registration Act, 1960. Petitioner has sought for quashing the impugned notice dated 25th November 2008 under Section 25 of the Karnataka Societies Registration Act, 1960, produced as Annexure-B to the writ petition.2. The grievance of the petitioner - Institute in the instant writ petition is that, it is a Society registered under the Karnataka Societies Registration Act, 1960 and was established in the year 1868 as a literary and scientific institute, it is a 140 year old/Association and was formally registered under the Societies Registration Act, 1860 and subsequently, under the Mysore Societies Registration Act, 1960. The main objects of (he petitioner - Institute is to permit the literary, scientific and social improvement of all classes of the community, of both sexes, by means of a reading room, library, concerts and other entertainment and such other indoor and outdoor games...

K. Jagdish Ponraj S/O Kanagaraj, Vs. A. Muniraju S/O Late K. Avalappa,

Court: Karnataka

Reported in: AIR2009Kant56; 2009(2)KarLJ391:2009(1)KCCR521:AIRKarR5602009Cri.LJNOC558(D.B).

ORDER1. In this contempt petition filed under Section 10 read with Section 12 of the Contempt of Courts Act, 1971 (for short, the Act), the complainants have sought to initiate contempt proceedings against the accused and to punish them for disobedience of an order of temporary injunction made by the subordinate court.2. Brief facts of the case necessary for the disposal of this petition are as follows:The complainants are the plaintiffs in the suit for specific performance in O.S. No. 1504/06 on the file of the II Addl. Civil Judge (Sr. Dn.), Bangalore Rural District, Bangalore, filed against defendants/accused 1 to 3 herein. In the suit which is still pending, the Trial Court by its order dated 27.06.06, has ordered the issue of temporary injunction restraining the defendants from alienating the suit 'C schedule property till the next date of hearing. The Trial Court had directed to issue the order of temporary injunction to the defendants, on compliance of the stipulation under Orde...

Smt. Varijakshi Bhat W/O Late Gopalakrishna Bhat Vs. the State of Karn ...

Court: Karnataka

Reported in: 2009(4)KarLJ419; AIR2009NOC1221; 2009(2)AIRKarR326

ORDERD.V. Shylendra Kumar, J.1. This writ petition by the legal heir of a Judgment Debtor whose property was brought to public auction sale in execution of an Award that the Judgment Debtor had suffered under Section 70 of the Karnataka Co-operative Societies Act. 1959 [for short 'the Act'] in Award No. 596/1992-93 for a sum of Rs. 98,000/- with interest which though has become final, the auction sale for execution of the said Award is nevertheless being questioned and seeking for setting aside the sale held on 23.7.1993 by filing an application under Rule 38[5] of the Karnataka Co-operative Societies Rules, 1960 [for short 'the rules'] and having failed in such an attempt not only before the authority which examined the application under Rule 38[5] of the Rules but also before the revisional authority - the State Government in exercise of its power under Section 108 of the Act who has dismissed the revision in terms of order dated 20.4.2005 passed in Revision Petition No. CMW 15 CAP 2...

The Assistant Executive Engineer (Electricl), Karnataka Electricity Bo ...

Court: Karnataka

Reported in: 2009(2)KarLJ504:2009(1)KCCR436; 2009(2)AIRKarR95; 2009(2)KLJ504:2009(1)KCCR436;

V. Jagannathan, J.1. This second appeal is by the Karnataka Electricity Board (now the K.P.T.C.L.) and the challenge is to the judgment of the lower appellate court by which the suit of the plaintiff came to be decreed in respect of the relief of declaration and permanent injunction and thereby the judgment of the trial court, which had dismissed the suit of the plaintiff on the ground of maintainability, was thus reversed. Hence, the appellants call in question the decision of the lower appellate court.2. The facts in brief are to the effect that the appellants-K.E.B. called upon the respondent-plaintiff to pay Rs. 41,397/-, which is the difference of electricity charges worked out at normal rates following the 'B' phase L.T. wire being found cut. The plaintiff, aggrieved by the said demand made on it, moved the civil court for the relief of declaration and injunction, though initially the suit was one for the relief on injunction. The trial court dismissed the suit of the plaintiff m...