Karnataka Court June 2009 Judgments

Satish Reddy and ors. Vs. State of Karnataka Rep. by Addl. Director (A ...

Court: Karnataka

Reported in: ILR2009KAR4285

ORDERB.S. Patil, J.1. Notice dated 11.06.2009 issued by the fourth respondent Tahasildar, Sedam of Gulbarga District is challenged in this writ petition. By the impugned notice Annexure-'A' dated 11.06.2009 it is notified by the Tahasildar, Sedam that the meeting to consider the no confidence motion against the President of the Agricultural Produce Marketing Committee, Sedam will be held on 19.06.2009 and the same will be presided over by the Tahasildar. The said meeting is called at 11 'o' clock in the morning in the premises of the APMC, Sedam. This notice is marked to the Secretary APMC and also to all the concerned informing them to be present at the specified time and place on 19.06.2009.2. Learned Counsel Sri. S.M. Chandrashekhar, appearing for the petitioner has canvassed the following contentions in support of the prayer made in the writ petition:i. That the impugned notice convening the meeting issued by the Tahasildar is without jurisdiction as, it is the Secretary of the APM...

Sri N. Dasegowda S/O D. Narasappa, Hindi Teacher, Dr. Ambedkar Residen ...

Court: Karnataka

N. Kumar, J.1. The appellant has preferred this appeal challenging the order passed by the teamed single Judge who has set aside the order of the Karnataka Educational Appellate Tribunal, Tumkur, which had directed the respondent to reinstate the appellant in service as a Hindi Teacher forthwith and to pay consequential monetary benefits.2. For the purpose of convenience, the parties are referred to as they are referred to before the Educational Appellate Tribunal.3. Respondent is an educational society registered under the provisions of the Karnataka Societies Registration Act which is running Dr. Ambedkar Education Society at Yenjalagere, Sira Taluk, Tumkur District The appellant was appointed as a Hindi Teacher against a clear and permanent vacancy as per the order dated 19.1.1989. The appellant had the requisite qualification of Hindi Ratna for being appointed to the said post However, the appellant was not paid salary on the ground that the Government has not granted approval for ...

Sri S.N. Basavarajappa S/O K. Nagappa and ors. Vs. Management of Vigny ...

Court: Karnataka

Reported in: 2009(4)KCCRSN244

ORDERHuluvadi G. Ramesh, J.1. Petitioners in all about 19, have sought for setting aside that portion of the Settlement with regard to giving effect to the revision of salary and other benefits from 1.5.2007 and the Settlement dated 25.6.2007 - annexure E regarding the date of effect of pay revision and, to direct the respondents to consider the representation given by the petitioners and make payment of arrears of salary as has been extended to other employees as per annexure F and, to declare that petitioners are entitled to the arrears of pay by virtue of the revision and all consequential benefits including the payment of interest as on the date it was due and for such other orders.2. The respondent management has introduced a scheme of voluntary retirement for the period from 5.4.2007 to 13.4.2007 as a package. Pursuant to the same, these petitioners opted for voluntary retirement under the Scheme offered by the respondent management. Petitioners were working as Grade II officers ...

Smt. Gulnaz Jaleel W/O Syed Jaleel, C/O Aslam Khan Vs. Syed Jaleel S/O ...

Court: Karnataka

Reported in: 2009(3)KCCR2263:2009(6)AIRKarR193

A.N. Venugopala Gowda, J.1. Appellant had filed a claim petition under Section 166 of Indian Motor Vehicles Act, 1988, against the respondents and also herself, stating that, on 08.05.2004, first respondent being the driver of lorry bearing registration No. RJ-05-G-1181, which belonged to her, was transporting the silver wood slabs from Chikmagalur to Poona, in which her son Saleel Ahmed was a conductor and when the lorry was near Gante Kanive, at about 3:00 a.m, had a skid on the road while allowing another vehicle coming from opposite direction to pass through and as a result, an accident took place on account of rssh and negligent acts of the driver and the vehicle turned down, resulting in Saleel Ahmed receiving fatal injuries and succumbing to the same at the spot. It was stated that, the deceased was earning income of Rs. 4,500/- per month by way of salary and also daily bata for the work and on account of death of Saleel Ahmed, loss has occasioned to her.2. The first respondent ...

Sri. M. Narayana Reddy S/O. Muniswamy Reddy Vs. Sri. H.C. Venkatesh S/ ...

Court: Karnataka

Reported in: ILR2009KAR3130; 2010(1)KarLJ356:2009AIRSCW6012009(2)LHSC904

K. Bhakthavatsala, J.1. The appellant/plaintiff in O.S. No. 2724/2003 on the file of Additional City Civil Judge at Bangalore city, is before this Court under Section 96 of CPC, praying for setting aside the Judgment and Decree dated 09.11.2005 made in the above said suit.2. The brief facts of the case leading to the filing of the appeal may be stated as under:The appellant/plaintiff filed a suit in O.S. No. 2724/2003 on the file of City Civil Judge at Bangalore city, against the respondent for recovery of money of Rs. 2,59,518/- with interest at the rate of 24% p. a. In spite of service of summons on the defendant, he remained absent. On service of notice, the Counsel for the defendant filed vakalath on 20.12.2003. But written statement was not filed within a period of 90 days. Permission was sought for filing written statement. The application filed by the defendant seeking permission to file written statement was rejected on the ground that the Trial Court had no jurisdiction to con...

Sri C.N. Seetharam S/O Alte C.K.N. Iyengar Vs. Bangalore Timber Corpor ...

Court: Karnataka

ORDERB.V. Nagarathna, J.1. This revision petition is tiled by the landlord challenging the order dated 18.1.2006 in HRC. No. 546/2002 by the II Addl. Small Causes Judge at Bangalore.2. The Petitioner filed the eviction petition invoking Sections 40 and 27(2)(j) of the Karnataka Rent Act, 1999 seeking eviction of the respondent tenant horn premises bearing No. 135, comprising of two vacant sites with temporary structures situated on 1st Main Road, Seshadripuram, Bangalore-20. It was contended that the lease in respect of the said premises was on monthly basis and the rent was Rs. 600/- p.m. and the purpose of lease was to carry on business in retail timber trade and for other allied purposes, that previously HRC. No. 2124/88 was filed against the respondent under Section 21(i)(1) of the Karnataka Rent Control Act, 1961 (for short '1961 Act') and the said petition was allowed. Being aggrieved by the same, the respondent herein had preferred HRRP No. 773/96 and during the pendency of the ...

Roll Well Conveyor Components Pvt. Ltd. Rep. by Sri Praveen Goyal Vs. ...

Court: Karnataka

V. Gopala Gowda, J.1. Heard the learned Counsel for the appellant.2. The correctness of the impugned Judgment dated 29.12.2008 passed by the Customs Excise and Service Tax Appellate Tribunal, South Zonal Bench, Bangalore (in short 'the CESTAT') in Appeal Nos. 901 & 902/06 is questioned in this appeal framing the following substantial questions of law and urging various grounds in support of the same.1. Whether the Tribunal is justified on facts and in the circumstances of the case in arriving at the conclusion that the goods were clandestinely removed by the appellant on the basis of stock verification by the departmental officials was on the basis of random weighment/verification?2. Whether on the facts and in the circumstances of the case the Tribunal was justified in imposing fine of Rs. 75,000/- and penalty of Rs. 1,00,000/- and order of confiscation of 3,661 Nos. of rollers?3. Whether on facts and in the circumstances of the case the Tribunal was justified in imposing fine of Rs. ...

Smt. Mallamma D/O. Thippeswamy @ Thippaiah Vs. Sri Mahaboob Ali S/O. M ...

Court: Karnataka

Reported in: 2009(5)AIRKarR309

A.N. Venugopala Gowda, J.1. These appeals arise out of a common judgment and consequential awards passed by the learned member, Motor Accident Claims Tribunal - II (for short 'the tribunal') Chitradurga, whereby the claim petitions have been rejected.2. The appellants filed claim petitions before the tribunal under Section 166 of Indian Motor Vehicles Act, 1988, (for short 'the Act'). The appellants are either the injured persons or the legal representatives of the deceased, who had gone to coolie work in Davanagere or in Nittur village and had boarded lorry bearing registration No. CNT-8786 on 08.06.1995 at Davanagere, to return to their villages, namely Chinnobanahally or Hirehally alongwith their paddy bags by paying in all Rs. 1,100/- as hire charges to the driver of the said lorry and when the said lorry was going near Lokikere cross, its driver drove the same at high speed in rash and negligent manner, as a result of which, the lorry toppled down and capsized and the accident too...

Sri Jayanthilal Chandulal Kothari S/O Chandula Kothari Vs. Sri C.K. Ra ...

Court: Karnataka

Reported in: 2009(4)KCCRSN217; 2009(5)AIRKarR252

ORDERB.V. Nagarathna, J.1. This Revision Ideation is filed by the respondent challenging the order dated 5.4.200/ passed in HRC. No. 200/2002 by the Chief Judge of Small Causes at Bangalore.2. For the sake of convenience, the parties shall be referred to as per their status before the trial Court.3. The relevant facts are that the petitioner bad filed a petition under Section 40 of the Karnataka Rent Act, 1999 (for the sake of brevity called 'Rent Act, 1999) contending that he 10 the absolute owner in respect of the schedule properties bearing Nos. 137 and 19 being a composite property situated at 1st Main Road, Seshadnpuram, Bangalore-20 and 1st Main Road, Sriampurm, Bangaiore-20. The said property was gifted to the petitioner by way of a Registered Gift Deed dated 30.12.1999 by his lather. That the petitioner had got issued a notice on 6.3.2002 and the same was received by the respondent on 8.3.2002 calling upon the respondent to attorn tenancy and also to pay arrears of rent. The sc...

New India Assurance Co. Ltd. Represented by Asst. Manager Vs. Sri Ravi ...

Court: Karnataka

A.N. Venugopala Gowda, J.1. These two appeals are by the insurer against the common judgment and consequential awards passed in MVC No. 262/2003 dated 03.12,2005 by the learned member, Motor Accident Claims Tribunal, Bangalore City. The respondents in MFA No. 4437/2006 were the petitioners in MVC No. 262/2003. The appellant was the 1st respondent in the said claim petition. Respondents 2 to 5 had fited a claim petition under Section 166 of Indian Motor Vehicle Act, 1988, contending that, on 14.07.2002 at about 3:15 p.m p.m, when A. Dhanashekaran and his brother A. Rajashekaran were travelling in a car bearing registration NO. TN-67-C-8898 from Aruppukotai to Toothukkudi, on account of the rash and negligent driving of the car by the driver, the car dashed against the parked lorry No. TN-04-E-2226 on Ettaiyapurum to Aruppulottal Road at S. Duraisamypurum junction and caused Injuries over the body of A. Dhanasbekaran and his brother A. Rajashekaran. In the said accident, A. Rajashekaran ...