Karnataka Court April 2009 Judgments

Rakesh Kumar Agarwal S/O G.C. Agarwal Vs. Jayamma W/O Papanna,

Court: Karnataka

Ashok B. Hinchigeri, J.1. This appeal is directed against the judgment, order and decree passed by the Court of VII Addl. City Civil Judge, Bangalore in O.S. No. 4262/1993.2. The facts of the case in brief are that the appellant claims to have purchased the schedule property from Lakshminarayan Mane by a registered sale deed, dt. 29.10.1987. The schedule property is a Khaneshmari land measuring 40 1/2 54 bearing khaneshmari No. 202 of Hebbal Village. He claims to have got the khatha in respect of the schedule property transferred to his name and has been paying the tax. To safeguard the schedule property, he began to construct the slab compound but the respondents came in his way. He filed the suit and sought the relief of permanent injunction. The first respondent is the mother and the respondent Nos. 2 and 3 are her sons. The defence of the respondents before the Trial Court is that the land at Sy. No. 122/2 of Hebbal village measured 1 acre 18 guntas. Out of the said lands, 30 genla...

Praveen Cariappa S/O. C.A. Cariappa Vs. Mrs. Birdy Aiyappa W/O. Pravee ...

Court: Karnataka

ORDERK. Ramanna, J.1. The petitioner has come up with this revision petition challenging the order dated 3-7-2007 passed by the Metropolitan Magistrate, Traffic Court-I, Mayohall at Bangalore in Crl. Misc. No. 341/2007 and the order dated 28-2-2009 passed by the FTC-JV at Bangalore in Crl.A. No. 895/2007.2. The brief facts of the case are that, petitioner herein is the husband of complainant-respondent herein; their marriage took place on 18th January 2004. Complaint came to be filed by the respondent against petitioner and her parents under Section 12 of the Protection of Women from Domestic Violence Act and sought for orders under Section 18, 19, 20, 21 & 22 of the Act ('Act' for short). The trial Court after considering the averments made by complainant in her affidavit filed in support of the complaint, passed exparte interim order against the respondent as under:1. The respondents are restrained from preventing the applicant in any manner from entering and using the shared househo...

Mspl Limited Rep. by Its Vice President (Cc and L), Sri K.R.M. Reddy V ...

Court: Karnataka

P.D. Dinakaran, C.J.1.1. The petitioner, a company incorporated under the Companies Act, 1956 is a lessee under the current mining lease for mining iron ore (M L No. 2416) over an extent of 350.78 Hectares. Out of 350.78 hectares covering Sy.Nos. 1,4,5, and 6 of Vyasanakere village, Hospet Taluk, Bellary District, an extent of 347.22 hectares was leased out for mining activities and the remaining 3.56 hectares was demarcated for road.1.2. The said mining lease was granted originally in the year 1952 by the then Government of Madras for 10 years to one K. Narayanaiah and subsequently transferred in favour of the petitioner herein in the year 1962 and got renewed for 20 years each time with effect from 14.11.1962, 14.11.1982 and 14.11.2002. The petitioner, admittedly obtained clearance from the concerned forest authorities as contemplated under Section 2 of the Forest Conservation Act, 1980 vide the proceedings dated 8.3.2007 of the Government of India and the Government of Karnataka has...

Sri S.N. Ramesh S/O. Late Nanjundaiah Vs. Sri S.N. Nataraj S/O. Late N ...

Court: Karnataka

ORDERB.S. Patil, J.1. Order passed by the Court below on I.A. No. 6 rejecting the request made by the petitioner herein to implead the proposed defendant as an additional defendant in the suit O.S. No. 489/2006 is challenged in this writ petition.2. Petitioner Sri S.N. Ramesh is the 6th defendant in the suit. The suit is filed by the 1st respondent herein seeking partition and separate possession of two items of properties namely Sy. No. 1/7 measuring 38 guntas (item No. 1) and Sy. No. 11 measuring 2 acres (item No. 2) both situated at Shettigere village, Jala Hobli, Bangalore North Taluk. Defendant No. 6/Petitioner herein was placed exparte. Petitioner/6th defendant is the brother of the plaintiff. Plaintiff filed an application seeking to delete item No. 2 i.e. to say Sy. No. 11 from the plaint schedule stating that there was a compromise out of Court between himself and 5th defendant D. Ravishankar. As this application was not objected to by any of the defendants and as the present ...

Smt. Kammarunnissa W/O. Sri Syed Salar Vs. Smt. Geetha W/O. Sri Sundar ...

Court: Karnataka

A.S. Bopanna, J.1. The appellant herein is the plaintiff in OS. No. 621/1995. The suit in question was filed by the plaintiff for cancellation of the sale deed executed by Sri. Kallusab, namely, the father of the plaintiff on 19.11.1981 on the ground that the same had been obtained by fraud and also for a declaration that the sale deed executed by the second and third defendants in favour of the first defendant is null and void. The said suit came to be dismissed by the trial Court by its judgment and decree dated 10.4.2000. The plaintiff was before the lower appellate Court in an appeal filed under Section 96 of Civil Procedure Code in RA.No.128/2000. The lower appellate Court on re-appreciation of the matter has affirmed the judgment rendered by the trial Court and has dismissed the appeal. Against the concurrent findings rendered by the Courts below, the plaintiff is before this Court in this second appeal.2. Heard the learned Counsel for the parties and perused the appeal papers.3....

Sri M. Nagaraja S/O. Late Chickka Muniyappa Vs. Bharat Sanchar Nigam L ...

Court: Karnataka

Ashok B. Hinchigeri, J.1. This appeal is directed against the judgment, order and decree passed by the Court of XXVII Addl. City Civil Judge, Bangalore in O.S. No. 1995/2001.2. The facts of the case in brief are that the appellant is liable to clear the telephone bill arrears aggregating to Rs. 62,026/- as per the claim of the respondent. The respondent filed the suit seeking the money decree. On behalf of the respondent, K. Brahmaiah, its Chief Accountant Officer was examined as PW-1 marking the documents from Ex.P1 to P.14. The Trial Court deducted the security deposit amount of Rs. 2,000/- and thereby held that the appellant is liable to pay the telephone bill arrears of Rs. 60,026/- with interest thereon.3. Aggrieved by the aforesaid judgment, the defendant has come up in appeal before me. Sri P.D. Surana, the learned Counsel appearing for the appellant submits that the appellant has been suffering from terminal illness of cancer. That is why he could not file the written statement...

Rama Reddy S/O. Late Rama Reddy, Agriculturist and Narayana Reddy S/O. ...

Court: Karnataka

V. Jagannathan, J.1. These throe second appeals arise out of the common judgment rendered by the lower appellate court in R.A. No. 123/04 and the appellants are lather and son and contesting respondents are the three daughters of the 1st appellant.2. The appellants filed a suit O.S. No. 139/96 praying for a declaration that the appellants (plaintiffs) are the absolute owners of the suit schedule lands and also sought for setting aside the mutation entries standing in the names of respondents 1 and 2 (defendants) and also to restrain the respondents/defendants from interfering with the plaintiffs peaceful possession and enjoyment of the suit properties.3. The contesting respondents herein namely, Susheelamma, one of the daughters of the 1st appellant Ramareddy and the other daughter Sunandamma also filed respective suits in O.S. No. 264/96 and O.S. No. 265/96 seeking an order of permanent injunction against the appellants herein in respect of the suit properties mentioned by them in the...

Achutha B. Shetty S/O K. Babu Shetty, Abhyudaya Enterprises, Proprieto ...

Court: Karnataka

ORDERK. Ramanna, J.1. Though the matter is listed, for admission with the consent of learned Counsel for the petitioner and learned Counsel for respondent, matter has been taken up fox final ha axing and is being disposed of by this judgment.2. Petitioner herein has come up with this revision petition challenging this correctness and legality of the order of dismissal of Crl.A. No. 155/2007 passed by FTC-I, Udupi, dated 11.3.2008, and the order of conviction and sentence passed by the III Addl. Civil Judge (Jr. Dn) & JMFC, Udupi in cc.No.6208/2004 whereby he is convicted for an offence punishable under Section 133 of N.I. Act and sentenced to pay a fine of Rs. 2,00,000/-. In default of payment of fine, he shall undergo simple imprisonment for six months, out of the fine amount, Rs. 1,95,000/-shall be paid to the respondent by way of compensation and Rs. 5000/- shall be deposited as fine to the state exchequer.3. The case of the respondent-complainant is that the petitioner-accused is t...

Govindaraj Ganesh Enterprises Rep. by Its Partner, K.S. Govindaraj S/O ...

Court: Karnataka

Manjula Chellur, J.1. Heard Mr. Farthasarathi, the learned Counsel for the appellant and so also Mr. Aravind, appearing for the Revenue.2. This appeal is filed challenging the concurrent findings of the three authorities including the Tribunal, holding that the income earned by the appellant firm for the year 1997-1998 has to be taxed, by raising the following substantial questions of law:a) Whether the interest income derived by the firm from lending its capital only to its partners where no outsiders have been involved is exempted from taxation on the principles of mutuality?b) Whether the fact that the firm is treated as a different entity from its partners would deprive exemption of interest income from taxation on the principles of mutuality?c) Whether the Tribunal was justified in deviating from its own order on the principles of mutuality which was decided by it with regard to the appellant firm itself while deciding the issue of taxability of income in the hands of one of its p...

LagumakkA. Vs. the Oriental Insurance Company Limited, Bangalorem Prak ...

Court: Karnataka

Reported in: 2009(2)KCCR1193(DB)

N. Kumar, J.1. This is a claimant's appeal seeking enhancement of compensation for the injuries sustained by her in a motor vehicle accident.2. The claimant-Smt. Lagumakka while walking by the side of the road to bring grass to cow near Bodagur Village Gate, Sidlaghatta Taluk, a Suzuki motor cycle bearing registration No. KA-04-EB-9847 driven in a rash and negligent manner by its rider dashed against her. On account of the accident she sustained grievous injuries like fracture of left neck of femur and fracture of right hand. She was admitted to the Government Hospital at Sidlaghatta and Government Hospital at Chickballapur. It was her case that, she was an agricultural coolie and was earning Rs.80/-per day from coolie work. She was also rearing cow and by vending milk she was earning Rs.50/- per day. Therefore, she filed the claim petition seeking a compensation of Rs.4,00,000/- for the injuries sustained by her in the motor vehicle accident.3. After service of notice, the Insurance C...