Karnataka Court October 2010 Judgments
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Govinda Reddy S/O Dodda Narasappa Vs. T. Krishna @ Muni Krishnappa S/O ...
Court: Karnataka
Decided on: Oct-29-2010
ORDER1. Petitioner has filed an application seeking impalement as an additional defendant. Application having been dismissed, he has filed this writ petition.2. Indisputably, person similarly placed like that of the petitioner had made an imp leading application in the suit which were found to be devoid of merit and was dismissed on 06.02.1999. The challenge made to the said order in CRP.No.555/1999 has found to be unsuccessful. The order passed in CRP.No.553/1999 dated 03.09.1999 equally applies to the case on hand.In the said view of the matter, the impugned order cannot be termed either irrational or illegal. No grounds to entertain the writ petition and hence the same stands rejected.However, it is open to the petitioner to seek consolidation of OS.Nc.335/2006 (Old No.548/2000) and OS.No.243/2006 for common trial and disposal....
Kendaiah S/O Late Lingaiah Vs. Sri Desai and Sri Shankar
Court: Karnataka
Decided on: Oct-29-2010
ORDERJ.S.Khehar, C.J. (Oral)1. On 3.9.2010, this Court, inter alia, passed the following order:-"Having perused the counter affidavit filed on behalf of the second respondent, it emerges, that one of the culverts has been taken care of by constructing a permanent channel for diverting the water. There is no photograph or pleading in respect of the other culvert. The learned counsel for the accused-respondents seeks an adjournment so as to enable him to obtain instructions to file counter affidavit in respect of other culvert. 2. A perusal of the aforesaid order reveals, that a permanent channel for diverting water had been elected in respect of one of the culverts, whereas, no mention was made in respect of the second culvert.3. Additional counter affidavit has been filed on behalf of accused/respondent No. 2 wherein, photographs AnnexuresJ35 to R7 have been appended depicting construction of a channel to divert the water of the other culvert4. In view of the above, we are prima facie ...
Y.Lokanath, S/O.C.YengappA. Vs. A.B.Devaiah, and ors
Court: Karnataka
Decided on: Oct-29-2010
1. This appeal is filed by the complainant challenging the judgment dated 9/06/05 passed by the JMFC. Chikkabaliapura in C.C.No. 247/91 acquitting the accused of the offence under Ss.342, 323.324 r/w 34 IPC.2. The facts of the case leading to this appeal are: that the complainant is a resident of Vapasandra village. Accused 1 to 4 are police Inspector and constables of Chikkaballapur Police station. It is staled by the complainant in his complaint that on 17/1/89 at about 10.45 a.m. after coming to know that a case in crime No 182/1988 for the offence under 341. 323 r/w 34 IPC has been registered against him by Chikkaballapur police, he engaged a lawyer and at about 11 am along with CW 7 advocate with bail application and affidavit of the society along with surety went near the court premises. It is his case that at that time, the accused pounced upon him and hit him with fists and open hcindc. Took him forcibly to Chikkaballapur police station. In the police station at about 11.20 am....
Santhosh Keerthi Vs. the State of Karnataka and ors.
Court: Karnataka
Decided on: Oct-29-2010
ORDER1. Sri Narendra Prasad, learned Government Pleader, is directed to take notice for the respondents.2. This petition is filed seeking a direction to the respondents not to insist upon the petitioner to obtain the license to cam' on the lawful activities in the premises of the petitioner's Association either under the Police Act or under the provisions of Licensing arid Controlling of Places of Public Amusement Order and not to interfere with the smooth running of rummy arid other skill games such as indoor and outdoor games and such other recreation activities.3. The issue is no more res-mtegra. It is covered by the two decisions of the Court The order, dated 12th February, 2002 passed in Writ Petition No. 1764 of 2002. reads as follows;"3. I hold that the Petitioner's t required to obtain any license under the Licensing and ConirolEfifi of Places of Public Amusements {Bangalore City) Order 1989 Jbr the purpose of running outdoor and indoor games, music and dance, yoga and other cu...
Nagaraj @ Mahadeva Prasad, S/O V. Shivanna Vs. State of Karnataka
Court: Karnataka
Decided on: Oct-29-2010
ORDER1. This Criminal Petition is filed under Secticn-482 of Code of Criminal Procedure praying to quash the FIR and other proceedings in Crime No. 169/2010 on the file of the Prl. Civil Judge (Jr.Dn.) & JMFC, Mandya.2. I have heard the learned counsel for the petitioners as well as the learned High Court Government Pleader for the respondent - State.3. It is the contention of the learned counsel for the petitioners that after filing the divorce petition, complainant had lodged the complaint. Therefore this complaint is filed with a maiafide intention.4. Learned High Court Government Pleader submits that the allegations made in the complaint constitute the offence of dowry harassment and intimidating the complainant.5. I have perused the complaint. The contents of the complaint discloses that at the time of the marriage 1,00,000/-was received by the accused/petitioners from the parents of the complainant as a dowry. After the marriage, petitioners were demanding balance dowry amount of...
Smt. K. Pushpa Vs. the State of Karnataka and ors
Court: Karnataka
Decided on: Oct-29-2010
ORDER1. This petition is filed alleging that the son of the petitioner Darshan.R was missing. Complaint was lodged by the petitioner with the police and the same was registered in Crime No. 150/08 and no action has been taken by the respondents to trace Darshan. Wherefore, the petition is filed.2. After notice 10 the respondents status report is being filed from time to time stating about the steps taken by the respondents for tracing Darshan son of the petitioner. Status reports would show that the suspected have also undergone narco analysis test and investigation is in process. Status report filed on 19.10.2010 shows that investigation is in progress.3. Having regard to the above said facts of the case, we are satisfied that the son of the petitioner is not in illegal custody. Wherefore, the petition isdisposed of with a direction that the investigation shall be completed within six months from today and final report shall be filed in the case registered by the police, failing which...
Mr. Ismail, S/O Haji Abdul Rchman Vs. Mr. Alexander Lasrado S/O Lawren ...
Court: Karnataka
Decided on: Oct-29-2010
1. Heard the learned counsel for the appellant.2. The appellant was the defendant before the trial Court in a suit for ejectment. The suit was dismissed on the ground that the jural relationship of landlord and tenant was not established. The same having been challenged in an appeal the lower appellate Court has held that even if the plaintiff had failed to prove that he was the landlord of the premises, the fact that the plaintiff was holding the sale deed in respect of the property was sufficient to entitle him to recover possession of the property and while decreeing the suit had directed the defendant to pay damages at the rate of Rs.200/- per month for unauthorized occupation of the premises from 1.3.2000 till the delivery of possession. It is this, which is sought to be challenged in the present appeal.3. After hearing the learned counsel at length, the contention that in the absence of proof of jural relationship of landlord and tenant, the lower appellate Court was not justifie...
G. Ankasetty, S/O. Late Gopasetty Vs. M. MahadevA. S/O. Late Mahadevap ...
Court: Karnataka
Decided on: Oct-29-2010
1. This appeal is by the complainant assailing the order of the JMFC-III, Mysore, in CC No.250/2008 dated 9.4.2008.2. The complainant is said to have lent in a sum of Rs. 1,50,000/- to the accused. Towards repayment of the loan, the accused issued a cheque dated 5.8.2005 for Rs. 1,50,000/- diawn on Mysore Silk Cloth Merchants Cooperative Bank Limited, Kiamaraswamy Layout Branch, Bangalore. On presentation of the cheque, it was returned with an endorsement, account closed'. After causing legal notice, case was filed. The Trial Court after enquiry, on the ground that there is no proper service of notice held that the complainant, has not complied the mandatory requirement and also observed that the complainant has failed to establish the case beyond reasonable doubt.3. Heard.4. According to the learned counsel for the complainant, there is also a civil case filed, against which an appeal was preferred. Further, the accused has issued the cheque to the complainant towards legally enforcea...
Smt.T.Sunanda, W/O.Ramakrishna Reddy Vs. Sri.T.Jayaram Reddy, S/O.Late ...
Court: Karnataka
Decided on: Oct-29-2010
1. Heard the learned counsel for the parties.2. The learned counsel for the respondents 1 to 4 submit, that in item No. 1 of the suit schedule property, builder's share is 46,292 Sq.ft, and owner's share is 30,865 sq.ft. and in owner's share, in 'A' Block, nine flats are sold and two flats are remaining and in B' Block, all flats are available.3. The learned counsel for the parties submits that the impugned order may be modified suitably.4. Accordingly, the impugned order is modified as follows, with the consent of the learned counsel for the parties.The respondents 1 to 3 are restrained from alienating the two flats in 'A' Block and all the flats in x3' Block either by themselves or through their power of attorney till the disposal of the suit. The respondent No.4 is at liberty to sell his share in 'A' and B blocks item No. 1 of the suit schedule property.5. With the above modification, the appeal is disposed of. The Trial Court is directed to expedite the trial....
Hyame Gowda S/O. Hemagiri Gowda Vs. K Naveen Kumar S/ O, K Annaji Gowd ...
Court: Karnataka
Decided on: Oct-29-2010
1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.2. For the sake of convenience, the parties are referred to as they are refined to in the claim petition before the Tribunal.3. The brief facts of the case:On 12.01.2007, when the claimant was proceeding as a pillion rider in motorcycle bearing registration fJo. KA-02-ES-3379, between Doddamalur and Byrapattna, BM Road, Channapatna, a Tata Indies car bearing registration No. TR-296/06-07 came in a rash and negligent manner and dashed against the motorcycle. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before MACT, Bangalore seeking compensation of Rs.5,00,000/-. The Tribunal awarded him a compensation of Rs. 1,50,000/- with interest at 6% p.a.4. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer of the offending while, the only point that arises for my consideration in the appeal is:"whether the compensat...
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