Karnataka Court March 2008 Judgments
The Managing Director, Northwestern Karnataka Road Transport Corpn. Vs ...
Court: Karnataka
Decided on: Mar-11-2008
Reported in: ILR2008KAR2796; 2009(2)KarLJ614; ILR2008(3)Kar2796; 2008(3)KCCR1336
Ram Mohan Reddy, J.1. The Managing Director of the North-West Karnataka Road Transport Corporation, Hubli, for short NWKSRTC aggrieved by the judgment and award dated 18-06-2005 in M.V.C. No. 955/2002 of the Addl. MACT, Saundatti (for short 'MACT'), has preferred this appeal.2. In the accident that occurred on 8-12-2001 involving a bus belonging to the appellant, the respondent claiming to be a passenger in the said bus and sustained injury over the left forearm, tenderness in the 6th, 7th and 8th ribs in the right side of the chest with difficulty in respiration was treated at the General Hospital, Saundatti while as an in-patient from 8-12-2001 to 20-12-2001. Alleging that the appellant was under treatment in the Hospital belonging to Dr. Hooli, of Saundatti, for the fractures of the 6th, 7th and 8th ribs on the right side of the chest, the appellant claimed compensation by filing a petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'Act) arraigning the appellant a...
Tag this Judgment!Smt. Zarina Bi and ors. Vs. Special Land Acquisition Officer
Court: Karnataka
Decided on: Mar-11-2008
Reported in: ILR2008KAR2771; 2009(2)KarLJ448
ORDERN.K. Patil, J.1. These revision petitions filed by petitioners are arising out of the common judgment and order dated 13th December 2007 passed by the Civil Judge (Sr.Dn) Challakere in LAC No. 258/2002 (in C.R.P. No. 57/2008) and in LAC No. 259/2002 (in CR.P. No. 58/2007).2. Land in Sy. Nos. 53 and 54 measuring 4.16 and 1.02 guntas situate at Vidupanakunte village, Challakere Taluk, have been notified and acquired by the State through the respondent herein for the purpose of formation of 'Railway Line' vide Preliminary Notification issued under Section 4(1) of the Land Acquisition Act and published in the Karnataka gazette on 23.11.1989 and Final Notification was issued on 31.1.1991. The Land Acquisition Officer has passed the award on 19.12.1992.The award notice under Section 12(2) of the Land Acquisition Act, has been issued and the same was served on the petitioners on 24.12.1994. Not being satisfied with the award passed by the Land Acquisition Officer, petitioners have filed ...
Tag this Judgment!Bhadra Advancing (P) Ltd. Vs. Assistant Commissioner of Income Tax
Court: Karnataka
Decided on: Mar-11-2008
Reported in: (2008)219CTR(Kar)447; 2008(4)AIRKarR445(DB)
Deepak Verma, J.1. Heard Shri G. Sarangan, learned senior Counsel for the appellant and Shri M.V. Seshachala, learned Counsel for the respondent.2. Challenging the correctness, legality and proprietary of the order passed by the Tribunal, on 14th Feb., 2003 in ITA No. 472/Bang/1998 for the asst. yr. 1994-95, this appeal has been preferred by the assessee under Section 260A of the IT Act, 1961 (hereinafter shall be referred to in short as 'the Act').3. Facts shorn of unnecessary details are mentioned hereinbelow:The appellant assessee is a company, carrying on leasing business by hiring out machinery and equipment to its various customers. It is also into hire-purchase and financing business. It filed its return of income for the asst. yr. 1994-95 declaring a loss of Rs. 5,63,990, which, inter alia, contained a claim of depreciation of Rs. 10,51,050 on two assets, namely a Tata model 320 crane and a Tata-Hitachi Ex-300LC excavator.According to the assessee, the said machines were purcha...
Tag this Judgment!M.S. Srinivasamurthy and Sons Rep. by Sole Signatory M.S. Venkatesh Vs ...
Court: Karnataka
Decided on: Mar-11-2008
Reported in: 2008(2)KCCRSN168; 2008(4)AIRKarR168.
ORDERA.S. Bopanna, J.1. The petitioner in all these petitions, is before this Court claiming that he was the dealer of the respondent Bharat Petroleum Corporation Ltd. for Petrol/Diesel outlet at Mandya under an agreement dated 7.10.1993. After the death of his lather, petitioner-Sri M.S. Venkatesh i.e., party-in-person is said to have operated the dealership until the same was terminated. The grievance is regarding the termination of dealership.2. In the first petition in W.P. No. 14109/2005, the grievance made by the petitioner is with regard to the termination of the dealership agreement dated 7.10.1993. The dealership, at the first instance, was terminated by Territory Manager of the respondent by order dated 28.5.2001. The petitioner was before this Court in W.P. No. 21910/01 wherein the main grievance was with regard to the violation of principles of natural justice. This Court, by its order dated 28.5.2004 allowed the Writ Petition by setting aside the impugned order and had rem...
Tag this Judgment!Ganapati S/O Madka Gouda (Since Deceased by His Lrs. Smt. Sushila W/O ...
Court: Karnataka
Decided on: Mar-11-2008
Reported in: 2009(1)AIRKarR107
D.V. Shylendra Kumar, J.1. This second appeal under Section 100 of Code of Civil Procedure is by the plaintiffs in OS No. 70 of 1986, on the file of court of Munsiff at Karwar, who had sued the defendants for sharing suit schedule properties - three parcels of agricultural lands - on the premise that the suit schedule properties were joint family properties, but the suit though decreed by the trial court in favour of the plaintiffs, having been reversed by the lower appellate court in appeal in RA No. 17 of 1992, on the file of Civil Judge (Sr Dn), Karwar and the suit having been dismissed, are in this second appeal to get over the judgment and decree passed by the lower appellate court.2. The parties being related to one another through a common ancestor namely Rama, who, it was claimed, died about 25 years prior to the institution of suit and being the heirs of two sons of Rama, the first son being Mani @ Vlthal, whose daughter is impleaded as first defendant, and second son Madaka, ...
Tag this Judgment!Amruthes N.P. S/O Late N.C. Puttaswamy Vs. Principal Secretary to Chan ...
Court: Karnataka
Decided on: Mar-11-2008
Reported in: 2008(4)AIRKarR183; 2008(6)KLJ562; 2008(3)KCCR1927
Cyriac Joseph, C.J.1. The petitioner is an advocate. He claims to be a former student of the University of Mysore. He has filed this Public Interest Litigation praying for the following reliefs:(i) Call for the entire records from the respondent regarding the process as to how the above names were sponsored for the august-post of Vice-Chancellorship of University of Mysore.(ii) Direct the authorities to look into the merits of the Memorandum No. MEM/45/2008 dated 23.1.2008 and MEM/45/A/2008 dated 29.1.2008 submitted by the petitioner vide Annexures A & F so that appropriate remedial action could be initiated further so that the above candidates are not once again sent to further selection,(iii) Issue any relief as this Hon'ble Court deems it fit so that. Prof. Govardhan Mehta should be deleted from the list of the Search Committee, in the ends of justice and equity and also having extreme urgency of the matter, or otherwise, the very Writ Petition becomes infructuous and hence urgent p...
Tag this Judgment!State of Karnataka by Kumta Police Station Vs. Basavaraj Siddappa Jadh ...
Court: Karnataka
Decided on: Mar-10-2008
Reported in: 2008(5)KarLJ163
V. Jagannathan, J.1. Aggrieved by the lower appellate court interfering with the sentence passed by the trial court on the respondent, in respect of the offence punishable under Section 304A of the I.P.C., this appeal has been preferred by the State.2. The learned Government Pleader Shri Siddagangaiah for the appellant-State, at the outset, submitted that the trial court had convicted the respondent-accused for the offences punishable under Sections 279, 337, 338 and 304A of the I.P.C. and sentenced him to pay a line of Rs. 1,000/- and in default of payment of line, to undergo simple imprisonment for three months for the offence punishable under Section 279 of the I.P.C. and in respect of the offence punishable under Section 337 of the I.P.C. the respondent was sentenced to pay a fine of Rs. 500/- and in default of payment of line, to undergo simple imprisonment for three months and as regards the offence punishable under Section 304A of the I.P.C. is concerned, the trial court, upon c...
Tag this Judgment!T.C. Ranganath and ors. Vs. H.P. Jayachandra and ors.
Court: Karnataka
Decided on: Mar-10-2008
Reported in: 2009(6)KarLJ525:2009(2)KCCR938
D.V. Shylendra Kumar, J.1. This second appeal has a chequered history behind it and it is coming back to this Court in the second round. The second round of second appeal is due to the reason this Court had passed the following order in the first round of second appeal:The short point in this second appeal is the dispute regarding the measurement. The plaintiff was allotted a site of 20' x 40' and the defendant was allotted a site of 20' x 40'. It appears when the dispute arose, Commissioner was appointed an two occasions - one Commissioner's report landing in favour of the plaintiff and another in favour of the defendant. Unfortunately, the Courts below have chosen to rely upon the defendant and granted the land claimed by him namely 20' x 40' without finding whether such grant will affect the rights of the plaintiff.2. It is represented before this Court that if at all a short fall the Court should first find out the short fall, that is, the short fall in the one measurement of 45' (...
Tag this Judgment!Suresh S/O Shidramappa Zingade Vs. the Managing Director, Karnataka Mi ...
Court: Karnataka
Decided on: Mar-10-2008
Reported in: ILR2008(3)Kar3243; 2008(6)KLJ530; 2008(2)KCCR1185
D.V. Shylendra Kumar, J.1. This second appeal Involves a short but Interesting question viz., whether the plaintiff, who was admittedly an agent of the respondents-defendants, a society, and whose agency had been terminated, could maintain a suit for recovery of the deposit amount of Rs. 2,000/-, which had been deposited at the time of award of agency in favour of plaintiff and can be recovered with interest on the termination of the agency and on the assumption that the termination was bad in law, notwithstanding the provisions of Section 70 of the Karnataka Co-operative Societies Act, 1959 [for short, the Act].2. The trial court as well as the first appellate court having non-suited the plaintiff only on the ground that such a suit was not tenable In the light of the provisions of Section 70 of the Act, to get over such judgments and to get a decree for this amount, the present second appeal.At the time of admission the following substantial question of law had formulated as arising ...
Tag this Judgment!G. Kaluram S/O Late Kaluram Girdharlal Vs. K.G. Shivashankar S/O Late ...
Court: Karnataka
Decided on: Mar-07-2008
Reported in: 2009(9)KarLJ257; 2008(2)KCCR1177; 2008(4)AIRKarR101; AIR2008NOC2328
ORDERK. Ramanna, J.1. This revision petition is directed against the order dated 21-3-2006 passed by the II Addl. Small Causes Judge, Bangalore in HRC No. 111/2004 whereby the eviction petition by the respondent-landlord filed under Section 27(2)(a) & (r) of the Karnataka Rent Act, 1999 came to be allowed directing the petitioner-tenant to vacate the petition schedule premises within 21-6-2006 and to pay the arrears of rent of Rs. 24,750/ -.2. The brief facts of the case are that the respondent/landlord herein filed the eviction petition against the petitioner/tenant herein under Section 27[2][a] and [r] of K.R. Act 1999 contending that he is the absolute owner of the petition schedule premises which is residential in nature having acquired the same through registered will executed by his lather kite R.K. Govindaraj Mudalier.3. Originally the property belonged to his father and that subsequently the BDA has acquired the property and on representation made by the father of the responden...
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