Karnataka Court June 2009 Judgments

The Branch Manager, the National Insurance Company Limited Vs. Smt. Sa ...

Court: Karnataka

Reported in: ILR2009KAR3693

B.S. Patil, J.1. This appeal is filed by the insurance company challenging the judgment and award passed by the Commissioner of Workmen's Compensation, Sub-Division-2, Bijapur.2. The Commissioner has awarded compensation to the wife and children of deceased Dasharath Pawar who died on 27-3-2006 due to heart attack. Deceased Dasharath was employed as a labourer in a crushing plant of the 4th respondent-Mysore Construction Company Limited. While working as such in the project work of Upper Tunga Project crushing plant, he complained of severe chest pain on 27-3-2006. He was rushed to Meggan Hospital, Shimoga, where he died.3. In support of the claim made, the widow of the deceased was examined as PW-1 and Exs. P-1 to P-4 were produced. The employer of the deceased admitted the factum of employment of the deceased as a labourer in the crushing unit of the plant. He has further admitted that while discharging his duties as a labourer, he complained of chest pain and therefore he was taken ...

N. Sadashiva S/O. Nanjundappa @ Jagathappa Vs. N. Rajashekara S/O. Nan ...

Court: Karnataka

Anand Byrareddy, J.1. Heard the Counsel for the parties.2. The parties are referred to by their rank before the Trial Court for the sake of convenience. The defendant is the appellant herein. The respondent was the plaintiff They are brothers and are the children of late Puttamma. Puttamma had purchased the property at No. 8, 1st cross, Srinivasa Colony, Bangalore. It transpires that she had partitioned the property under a registered deed dated 9.11.1981, whereby the northern portion was allotted to the defendant and the southern portion to the plaintiff. She was said to be residing in the southern portion of the property alongwith the defendant. A portion of the southern portion that was allotted to the plaintiff is the suit schedule property. It transpires that after the partition, there was disharmony in the family, especially, as between the plaintiff and his mother, which compelled her to tile civil suits in O.S. No. 11014/1995 for injunctory relief against the plaintiff and O.S....

Sri Sannaboraiah @ Boraiah, S/O Sannamallaiah Vs. Konana Mallaiah and

Court: Karnataka

Reported in: ILR2009KAR2507:2009(3)KCCR2251:2009(5)AIRKarR371.

A.S. Bopanna, J.1. This second appeal is by the plaintiff who succeeded before the trial Court, but had failed before the Lower Appellate Court. The parties would be referred to in the same rank assigned to them before the trial Court for the purpose of convenience and clarity.2. The brief facts are that the plaintiff was before the trial Court contending that the land bearing Sy. No. 37/6 measuring 2 acres 10 guntas of Mallurahalli village in Challakere Taluk was granted to Boraiah, S/o Kouana Hollaiah by the Government under Darkhast in or around the year 1955. The said Boraiah was in possession, and has gifted the said land to the plaintiff under a registered gift deed dated 9.6.1961. The plaintiff who claims to be the donee under the said gift deed is said to have accepted the gift and was also put in possession of the property. The plaintiff therefore claims to be the absolute owner of the suit schedule property and contends that his name has been entered in the revenue records fr...

Smt. P.M. Naga Jyothi W/O Late Sri P.A. Mahesh Kumar Vs. V.A. Ramasanj ...

Court: Karnataka

Reported in: 2009(6)KarLJ621; 2009(4)KCCRSN238; 2009(5)AIRKarR331

ORDERB.V. Nagarathna, J.1. Though this matter was posted for admission, with the consent of learned Counsel on both sides, it was heard finally.2. This revision petition is filed by the tenant challenging the order dated 21.7.2008 passed in HRC. No. 10106/2007 on the file of the XV Addl. Small Causes Judge (Mayo Hall Unit), Bangalore. The respondents herein are the landlords.3. For the sake of convenience the parties shall be referred to in terms of their status before the trial court.4. The landlords who are the petitioners before the trial court tiled a petition under Section 27(2)(r) of the Karnataka Rent Act, 1999 ('Rent Act, 1999') seeking eviction of the tenant in respect of the schedule premises comprising of a shop situated in the ground floor of a shopping complex at Avenue Road, Bangalore. According to the petitioners, they are the absolute owners of the petition schedule premises bearing No. 145 called Ranganatha Mansion at Avenue Road, Bangalore and petitioner No. 1 is an a...

Sri M. Mahadeva Gowda S/O. M. Shivaramagowda Vs. the State of Karnatak ...

Court: Karnataka

Reported in: ILR2009KAR3519; 2009(5)KarLJ597

V.G. Sabhahit, J.1. This appeal is filed by the petitioner in W.P. No. 19446/2007 being aggrieved by the order dated 20.08.2008, wherein the learned single Judge of this Court has declined to interfere with the order of the second respondent dated 09.10.2007, rejecting the application of the petitioner - appellant herein for renewal of tease and has dismissed the writ petition.2. The appellant herein filed W.P. No. 19466/2007 averring that the District Forest Officer, South Kanara, by order dated 30.09.1957, leased an area of 5 Acres of land in Kidur Reserve Forest of D.K. District in Sullia Taluk in favour of the petitioner's father for raising Arecanut plantation and the said lease was for a period of 50 years. Under Clause 27 of the said order, lease was liable to be renewed on application filed within three months before the expiry of the grant. By another order dated 01.05.1965, another area of 05 Acres of rarest land inside Kidur Reserve Forest was sanctioned for raising Arecanut...

The Sapthagiri Educational and Charitable Trust Rep. by Its Secretary ...

Court: Karnataka

Reported in: ILR2009KAR3165; 2009(5)KarLJ583; 2009(3)KCCR2236

ORDERRam Mohan Reddy, J.1. The petitioner, an Educational and Charitable Trust registered under the Indian Trust Act, with the sole object of eradication of illiteracy, poverty imparting sound education, upliftment of linguistic minority, Scheduled Caste and Scheduled Tribe etc., a non profit making Trust, purchased land measuring 6 acres 12 guntas in Sy. No. 61/5 of Gudnahalli, falling within the territorial limits of Samandur Grama Panchayat -1st respondent. According to the petitioner, the said lands were diverted to be used for non agricultural purposes by an order of the Deputy Commissioner under the Land Revenue Act and approved by the BMRDA. Having erected a building after obtaining necessary permission in accordance with law, the petitioner commenced an engineering college in the name of Sri Sai Engineering College.' It is the allegation of the petitioner that the 1st respondent by notice dated 6.5.2004 Annexure-A addressed to the trust demanded Rs. one lakh as tax on the build...

Aztecsoft Limited, a Company Incorporated Under the Provisions of the ...

Court: Karnataka

ORDERB.V. Nagarathna, J.1. These Company Petitions are filed seeking approval of a scheme of amalgamation. Company Petition No. 8/2009 is filed by the transferor company, while Company Petition No. 9/2009 is filed by the tranferee company. Since they relate to the seeking of approval to the scheme of amalgamation of the said two companies, these petitions are heard together and disposed of by this common order.2. According to the petitioner in Company Petition No. 8/2009, which is the transferor company, was incorporated on 04.10.1995 with the name and style Aztec Software & Technology Services Private Limited under the provisions of the Companies Act, 1956 and became a public company on 12.06.2000 and subsequently the name was changed to Aztec Software & Technology Services Limited with effect from 25.08.2006. The registered office of the transferor company is at No. 42, 27th Cross, II Stage, Banashankari, Bangalore 560070, Karnataka. The object with which the transferor company is in...

Sri. Vijay S/O Siddappa Vs. Sri P. Jagannath Raju S/O Gopala Raju and ...

Court: Karnataka

A.N. Venugopala Gowda, J.1. Petitioner is the appellant. He had filed MVC 5284/2002 in the Motor Accident Claims Tribunal - V, Bangalore City, contending that, while he working as a loader and un-loader in Mini Lorry No. KA-04-7918, on account of its rash and negligent driving by its driver, at 2:30 p.m. on 01.08.2001, he met with an accident and thereby sustained severe injuries. He was taken to the hospital, wherein he obtained treatment as an inpatient. He filed the claim petition under Section 166 of the Indian Motor Vehicles Act, 1988, claiming compensation from the respondents. The said petition was taken up for consideration along with MVC 5384/2002. The respondents being the owner and insurer of the said vehicle, filed separate written statements opposing the claim petition. Based on the pleadings of the parties, the trial court raised the issues.2. Petitioner deposed as PW-1 and examined the doctor to prove the injuries sustained by him and the resultant effects thereof on him...

Gangamma W/O Rajappa and Vs. Vivian Sequeira Major Managing Partner Ro ...

Court: Karnataka

V. Jagannathan, J.1 This appeal is by the parents of the deceased Nanda Kumar, calling in question the award of the tribunal on the ground that while assessing the compensation, the tribunal took the income of the deceased at Rs. 2,500/- per month, whereas it ought to have been atleast Rs. 3,000/- per month as a lorry cleaner.2. Referring to the above ground, learned Counsel for the appellants sought for enhancement of compensation under the head of loss to the estate and medical expenses incurred for treatment of the deceased as well as loss of love and affection.3. On the other hand, learned Counsel for the 2nd respondent - insurance company argued that as the accident in question occurred on account of a tanker being found fallen and the car insured with the 2nd respondent having hit the tanker following which the tanker exploded, the tribunal could have apportioned the negligence between the drivers of two vehicles at 50 - 50%.4. In support of the above submission, learned Counsel ...

Sri Krishnamurthy Son of Late Govindappa, Vs. Sri Kariappa Son of Late ...

Court: Karnataka

A.S. Bopanna, J.1. The appellants herein are the plaintiffs in O.S. No. 139/1987. The suit in question was filed seeking for a judgment and decree of declaration and permanent injunction. The trial Court after considering the rival contentions has dismissed the suit by its judgment and decree dated 16.08.1995. The plaintiffs were therefore before the Lower Appellate Court in R.A. No. 61/2001. The Lower Appellate Court on re-appreciation of the materials on record and also considering the application filed seeking for production of additional documents, has come to the conclusion that the Trial Court was justified and as such, dismissed the appeal and affirmed the judgment of the Trial Court by its judgment dated 22.01.2007. Against the concurrent findings and judgments rendered by the Courts below, the plaintiffs are before this Court in this second appeal.2. The parties are referred to in the same rank as assigned to them before the Trial Court for the purpose of convenience and clari...