Karnataka Court August 2009 Judgments

NirmalA. D. W/O L.S. Patil Vs. Vijayakumar H S/O Henumahthaiah and the ...

Court: Karnataka

A.N. Venugopala Gowda, J.1. This is a claimant's appeal. The appellant sustained injuries in Motor Vehicle accident on 9.1.2007. She took treatment in the hospital. Having noticed the loss caused, both under pecuniary and non non-pecuniary heads, she filed a claim petition under Section 166 of Motor Vehicle Act 1988, against the respondents claiming a compensation of Rs. 5,75,000/-. Said petition was contested by respondents. Based on the pleadings of the parties, tribunal framed 3 issues. Petitioner deposed as PW1. Dr. Kiran M.S. was examined as PW2. Exs. P1 to P12 were marked. Respondents produced the Insurance Policy which was marked by consent as Ex.R1. No other evidence was led by the respondents. Appreciating the evidence on record, tribunal held that, the accident has taken place on 9.1.2007 on account of actionable negligence on the part of the driver of auto rickshaw and that, claimant sustained injuries and she is entitled for compensation. It passed an award of Rs. 53,000/-....

Jairam Granite Industries Vs. the State of Karnataka Through Principal ...

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. A check post officer stationed at the border of Karnataka and Maharashtra found the goods owned by the petitioner - assessee - dealer transported without being accompanied with commensurate original documents.2. A xerox copy of the original document produced the next day did not convince the officer for permitting the goods to pass through. As a follow up action, the goods which had been checked on 31.03.2004, had been detained and though it appears subsequently the dealer produced the original document on 09.04.2004, the officer, nevertheless, passed an order under Section 28-A[4] of the Karnataka Sales Tax Act, 1957 [for short the Act'] levying penalty at three times value of the goods as per his order dated 11.04.2004 and it appears the goods, in fact, were released in favour of the petitioner - dealer the next day.3. The aggrieved dealer appealed to the appellate authority contending that when the original documents had, in fact, been produced subseq...

G. Shivamma Vs. K.L. Somashekar and ors.

Court: Karnataka

Reported in: 2009(5)KarLJ677

ORDERRam Mohan Reddy, J.1. These petitions though listed for orders, with the consent of the learned Counsel for the parties, are finally heard and disposed off by this order.2. One K.L. Somashekhar, arraigned as respondent in these petitions, aggrieved by the sale of certain immoveable property which was subject-matter of regrant under the Karnataka Village Offices Abolition Act, 1961 (for short, 'the Act'), by his uncles preferred a petition under Sub-section (4) of Section 5 of the Act to the Special Deputy Commissioner, Bangalore District, to declare transfer of land as null and void and forfeit the same and to vest in the State Government. In the said proceeding, the petitioners were arraigned as respondents 1 and 2 respectively, whence the Special Deputy Commissioner registered the petition as Misc. (A) C.R. 3 of 2006-07 passed an order dated 1-6-2009 Annexure-A holding that the petition was maintainable and he had the jurisdiction to entertain the same. Hence, these petitions.3....

Prasanna S/O Ramaswamy Iyengar Proprietor Laxmi Janardhana Bakery Vs. ...

Court: Karnataka

Reported in: ILR2009KAR4144

K.N. Keshavanarayana, J.1. This second appeal by the defendant in O.S. 114/2000 on the file of the Principal Civil Judge (Jr.Dn.) Channarayapatna, is directed against the concurrent judgments of the Courts below decreeing the suit filed by the respondents/plaintiffs and directing the appellant/defendant to deliver the vacant possession of the suit schedule property to the plaintiff.2. The facts are:One Sri. C.S. Shankaranarayana Shetty was the landlord and the appellant/defendant is the tenant of the shop premises situated in B.M Road, Channarayapatna Town. The monthly rent of the premises was initially Rs. 300/- and subsequently it was enhanced to Rs. 550/-. The shop premises was leased to the defendant for running bakery and accordingly, the defendant has been running the bakery in the name and style of Sri Lakshmi Janardhana Bakery. C.S. Shankaranarayana Shetty terminated the lease of the defendant by serving a 15 days notice on him alleging that though the lease was only for sellin...

United India Insurance Company Limited Vs. Smt. Gangubai and ors.

Court: Karnataka

Reported in: ILR2009KAR4004

V. Jagannathan, J.1. Whether the 'Idol of Ganesha' carried in the Trailer attached to Tractor comes within the definition 'goods' and whether the Insurance Company is liable to cover the risk of owner of authorised representative of the owner of the goods having regard to the provisions contained under Section 147 of the MV Act are the two questions that call for an answer in these appeals.2. MFA 13005/07 is preferred by the United Insurance Company questioning the liability fastened on it by the MACT and the connected appeal MFA No. 12455/07 is preferred by the claimants seeking enhancement of compensation. As both the appeals arise out of one and the same judgment, they are being disposed of by this common judgment.3. The claimants before the MACT were the wife and children of the deceased Hanamant Limakar and their case was that on 26.08.01 the said Hanamant Limakar was travelling in the tractor-cum-trailer bearing registration No. KA 37/T 3353-3354 along with few others in the capa...

Smt. Susheelamma, W/O Hanumanthrao Deshpande and ors. Vs. State of Kar ...

Court: Karnataka

ORDERAnand Byrareddy, J.1. These petitions are heard and disposed of together as they arise under similar circumstances.2. In writ petition 14758/2006 the petitioners' case is as follows:The petitioners are joint owners of land in survey No. 123 and 124 bearing CTS No. 470 ward No. 3 measuring about 5 acres 37 guntas at Mariyan Timmasagara, Hubli Taluk, Dharwad District. These lands were leased to M/s Southern Maratha Spinning and Weaving Company Limited, Hubli. The said lease-hold rights were said to have been sold in favour of M/s New Gujarat Cotton Mills Limited, Calcutta in the year 1958. And in the year 1959 the said Company had, in turn, sold the lease-hold rights in favour of the Karnataka Co-operative Textile Mills Limited, Dharwad, a Co-operative Society; In the year 1970 the lands were sub-leased in favour of M/s G. Mahadevappa and Sons, a firm. In the year 1978, the mills closed down. In the year 1986 the State Government of Karnataka, in order to revive the Mills, enacted t...

Veera Vahana Udyog Pvt. Ltd. R/by Its Managing Director Srinivas Reddy ...

Court: Karnataka

K.L. Manjunath, J.1. The unsuccessful writ petitioner has filed this appeal, challenging the legality and correctness of the order passed in Mlsc.W.4285/09 in WP No. 11881/2009 dated 29.6.2009 and also the order passed in WP No. 11881/2009 dated 29.6.2009.2. Facts leading to this case are as hereunder:As per Annexure-A tender notification dated 24.12.2008 KSRTC Invited e-Tender; Inviting applications both for pre-qualification and commercial offers through e-Tender process for construction of Ultra Deluxe Rajahamsa Bus Bodies on 210'/218'/222'/244' WB Chassis of 200 numbers by fixing the EMD amount of Rs. 1,00,000/- and tender document fee of Rs. 10,000/-. As per e-Tender notification, tender forms were to be Issued between 29.12.2008 AND 13.1.2009, pre bid meeting was fixed at 14.00 hours on 16.1.2009, last date for submission of tender Is 23.1.2009 till 14.00 hours, opening of pre-qualification cover at about 14.30 hours on 23.1.2009 and opening of financial bid at 15.00 hours on 29....

K.N. Sakrappa and ors. Vs. the Deputy Commissioner and ors.

Court: Karnataka

Reported in: 2009(5)KarLJ720

ORDERA.S. Bopanna, J.1. Issue a writ of prohibition prohibiting the respondent 3 from proceeding with putting up the construction of school building of Government Higher Primary School, in Gomal land bearing Sy. No. 23 of Diddige Village, Belachodu Hobli, Jagalur Taluk, Davanagere District, and thereby direct the respondent 3 to utilise the land gifted by the petitioner 1 and his son under the gift deed Annexure-A for the purpose of school building.2. The case of the petitioner is that they are villagers of Diddige Village, Belachodu Hobli, Jagalur Taluk, Davanagere District. The petitioner 1 and Sri Basavarajappa, his son have jointly gifted the property bearing Sy. No. 88/6 measuring 35 guntas and Sy. No. 88/7 measuring 2 acres 12 guntas situated at Diddige Village, Belachodu Hobli, Jagalur Taluk, Davanagere District to the Government for construction of school building i.e., Government Higher Primary School. The grievance of the petitioner in the present petition is that, respondent...

Sri Saleem S/O Syed Kareemula Vs. Sri Syed Yousuff S/O Late Syed Nahno ...

Court: Karnataka

ORDERAnand Byrareddy, J.1. The present petition coming on for Admission is heard at length in view of the petitioner not choosing to deposit the rent or arrears of rent prior to the presentation of the revision petition.2. The facts giving rise to this petition are that the petitioner is the respondent in an eviction petition filed by the owner of the premises, who is none other than the father-in-law or the respondent. It was this petitioner's case before the trial Court, in which the eviction petition is pending, that there is no jural relationship of landlord and tenant. The trial Court having arrived at a finding that there exists a jural relationship of landlord and tenant, the petitioner seeks to prefer this revision petition.3. The petitioner, however, has not chosen to deposit any arrears of rent. When the petitioner was called upon to deposit the arrears of rent, which the respondent-landlord seeks to claim as rent, the counsel for the petitioner contends that a plain reading ...

Hemanth Kumar S/O Manjappa Rep. by their Father, Vs. Vijayanada Road L ...

Court: Karnataka

N.K. Patil, J.1. This appeal arises out of the judgment and award dated 11th August 2006 passed in M.V.C. No. 98/2004 on the file of the Additional Motor Accidents Claims Tribunal, Fast Track Court - II at Davangere, ('Claims Tribunal' for brevity). This appeal is presented by appellants mainly on the ground that, the compensation of Rs. 3,22,000/-awarded by Claims Tribunal is inadequate and requires enhancement.2. The facts in nutshell are, one Smt Shanthamma is the deceased in this case. The appellants are respectively the son, daughter and husband of the deceased. That on 20th February 2004, at about 8:30 AM, when the deceased was waiting for the bus at Chikkabidharekallu by the side of the road along with her husband, the third appellant herein, the second respondent being the driver of the lorry bearing No. KA-25/A-2361 came driving the same from Tumkur towards Bangalore in a rash and negligent manner and dashed against her. As a consequence of the same, she suffered serious fatal...