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Karnataka Court October 2010 Judgments

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Oct 29 2010

Philip Jayaram S/O Parashuram Vs. Sulochana W/O Shivananda

Court: Karnataka

Decided on: Oct-29-2010

1. "his second appeal is directed against the judgment in R.A.251/04 dated 20.6.2009 on the file of Judge, Fast Track Court, Hassan, confirming the judgment and decree dated 20.7.2000 in O.S.426/90 on the file of Civil Judge (Jr.Divn.), Hassan, dismissing the suit. The appeal is posted for admission after notice to the respondent.2. Heard.3. Contextual facts needing reference are:a) One Estharamma filed a suit seeking to declare that she is the owner in possession of vacant land measuring 83' x 70' described in the schedule shown by letters ABCD in the sketch, averring that Muniyamma, her mother, had purchased the same and was in possession of the property, a portion of which was sold by Muniyamma to her brother-Venkataswamy on 2.1.1933; that portion was shown in the sketch by letters FBHG; Muniyamma retained the western portion measuring 33' x 70' and sold the same to Estharamma on 13.7.1959. Thai was described by letters IMKGCLND. On this basis, she alleged she was in lawful possessi...


Oct 28 2010

The Executive Officer Vs. Smt. Shobha W/O Sri Ramesh and ors

Court: Karnataka

Decided on: Oct-28-2010

JUDGEMENTJ.S.KHEHAR, C.J. (Oral) :1. Through the instant writ appeals, the Executive Officer of the Taluk Panchayat Office has assailed the order dated 29.10.2009, passed by a learned Single Judge of this Court, while disposing of WP Nos.31250- 51/2009. The operative part of the order passed by the learned Single Judge is being extracted hereunder;" xxxx No prejudice will be caused to the 2nd respondent if a direction is issued to consider the request of the petitioners as per Annexure-'L' dated 28/9/2009 and Annexure 'M' dated 29/9/2009 in accordance with law and as expeditious as possible." It is apparent, that the aforesaid order came to be passed on the account of the fact, that the representation made by respondents 1 and 2 to the appellant herein, did not solicit a response from the appellant.2. We are satisfied, that the direction issued by the learned Single Judge would in no way prejudice the appellant, who has been granted liberty to pass an order, in consonance with law. Nee...


Oct 28 2010

Smt.R.Manjula W/O.Mahantappa Vs. the Managing Director B.M.T.C and anr

Court: Karnataka

Decided on: Oct-28-2010

1. This is claimant's appeal for enhancement of compensation against the impugned judgment and award dated 23.08.2005 passed IIII MVC No.2607/2000 on the file of the VI Addl. SCJ and Member, MACT, Metropolitan Area, Bangalore, (SCCH-2) (hereinafter referred to as Tribunal' for short).2. By its judgment and award, the Tribunal has awarded a sum of 84,000/- with interest at 7% p.a. from the date of petition till realization as against the claim made by the appellant for a sum of 10,00,000/-on account of the injuries sustained by her in the road Traffic accident. Being aggrieved by the said judgment and award, the appellant has presented this appeal seeking enhancement on the ground that, the amount awarded by the Tribunal is inadequate.3. In brief, the facts of the case are: The appellant claims to be aged about 40 years, working as an Asst.Director in Education Department, getting salary of ?9811/- p.m. She was hale and healthy prior to the accident. That, at about 10 a.m. on 8.12.1999,...


Oct 28 2010

Sri, Arjun S/O Sri Sheeranga Vs. Sri, P.Krishnan S/O Sri Perumal

Court: Karnataka

Decided on: Oct-28-2010

1. Though this appeal is listed for orders, it is taken up for final disposal with the consent of both parties.2. This appeal is directed against the impugned judgment and award dated 5.10.2005 passed in M.V.C.No.5939/2004 on the file of the Judge. Court of Small Causes & Member. Metropolitan Area. Motor Accident Claims Tribunal at Bangalore (SCCH-9), (hereinafter referred to as 'the Tribunal' for brevity). The Tribunal by its judgment and award has awarded a sum of Rs.83.400/- with interest at 6% p.a. on account of the injuries sustained by the appellant-claimant in the road traffic accident. The appellant felt necessitated to present this appeal on the ground that the amount awarded by the tribunal is inadequate and he is entitled for enhancement of compensation.3. The brief facts of the case are that on 01.08.2004 at about 2.30 p.m. when the appellant was riding his motor cycle bearing No.CKN-4232 on left side of Sarjapura-Kamanahalli road, near K.V.Kalyana Mantapa. a Lorry bearing ...


Oct 28 2010

The General Secretary. Karnataka Coffee Curing and General Workers Uni ...

Court: Karnataka

Decided on: Oct-28-2010

1. This appeal is filed by the unsuccessful petitioner in W.P.No.27887/2010 being aggrieved by the order dated 7/9/2010 passed by the learned Single Judge, who has declined to interfere with the order passed by the Central Government Industrial Tribunal and Labour Court (for short (CGIT) in CR.No.45/2009 dated 6/8/2010 and has rejected the interim application filed by the appellant herein, seeking an order to restrain the respondent - Management from terminating the services of the appellant during the pendency of the proceeding from the Labour Court under Section 11 of the Industrial Dispute Act (hereinafter, referred to as the 'Act).2. The appellant herein is a Trade Union registered under the TradeUnions Act, 1926,whichrepresents workmen employed in coffee curing establishments and other general service industries. The petitioner had raised disputes seeking regulation of services in respect of the workmen employ edit the various can teen sex accepting Crusher and Concentrator Depart...


Oct 28 2010

Smt.Achala Ganapathy. Vs. the Union of India and ors

Court: Karnataka

Decided on: Oct-28-2010

1. This writ appeal is filed by the petitioner in W.P.No.5606/2010 challenging the order dated 5/8/2010 passed by the learned Single Judge of this Court.2. In the writ petition, the petitioner had sought a writ in the nature of mandamus or direction to Central Bureau of Investigation (hereinafter, referred to as the 'CBI') to investigate the complaint of the petitioner and for awarding of compensation of Rs.2 Crores as against the third respondent - Home Department. The learned Single Judge held threat it was not a fit case where an enquiry by the CBI; could be ordered and disposed of the writ petition by-directing the jurisdictional police to look into the matter and investigate regarding missing articles of the petitioner in accordance with law. It is against the said order that this writ appeal has been filed.3. According to the petitioner she was inducted as a paying guest on 9/9/2006 and there were certain litigations between herself and her landlady but according to the petitione...


Oct 28 2010

Sri K J Gangadhara S/O Late Thammannagowda Vs. State of KarnatakA.

Court: Karnataka

Decided on: Oct-28-2010

1. Appeal is by the accused assailing the order of conviction and sentence passed by the Addl. Sessions Judge. Mandya in Spl.Cjse 8/2(K)6 convicting and sentencing to pay a fine of R^.25,000/- and Rs.5,000/- respectively tor the offence under S.39 and 44(b) of the Indian Electricity Act. 1910.Charge sheet was filed by the Sub-Inspector of Police, KPTCL Vigilance Cell, Mysore against the accused before the JMFC, K R Pet and subsequent!) it has been committed to the Sessions Court as it is triable by the Sessions Court. According to the prosecution, the accused being the owner of shopping complex at K R pet in which four tenements were in occupation, had not obtained any electricity copnecMor./supply and had drawn electricity illegally from the electric pole of the complainant. On inspection by the complainant - Assistant Executive Engineer (Vigilance), a complaint was tiled. After investigation, the accused was charge sheeted. Having framed charge for the offence under S.379. IPC and fo...


Oct 28 2010

Sri.M.C.Paul S/O Late Sri.M.P.Cherian Vs. State by Police Inspector

Court: Karnataka

Decided on: Oct-28-2010

1. The petitioner is arrayed as accused No.2 in Crime No. 163/2010 registered for offences punishable under Sections 323. 384, 506, 417, 520, 426, 419, 506-B r/w 34 I.P.C by High Grounds P.S., Bangalore City. The complaint was initialed under Sec.200 Cr.P.O, it was referred to investigation under Sec. 156 (3) Cr.P.C.2. Heard learned Counsel for petitioner and learned Government Pleader and I have been taken through investigation records.3. The petitioner is alleged to have received a sum of Rs. 17,00,000/- from the complainant towards sale consideration of his apartment situate at Serpentine Street, Richmond Town, Bangalore. The petitioner is alleged to have executed an agreement of sale in favour of the complainant and thereafter, he has committed breach of agreement and has refused to return the advance of sale consideration. When the complainant approached the petitioner, he is alleged to have threatened the complainant with dire consequences.4. The allegations made in the complaint...


Oct 28 2010

Smt.Asgari W/O Late M.P.Pyarejan and ors Vs. B.A.Krishna Murthy, S/O L ...

Court: Karnataka

Decided on: Oct-28-2010

ORDER1. These two petitions filed by tenants under Section 46(1) of the Karnataka Rent Act, 1999, (hereinafter referred to as the Act) are directed against the common order dated 26.8.2010 on the file of Judge, Court of Small Causes (SCCH.4), Bangalore. HRRP.264/10 is directed against the order in HRC.459/07 and HRRP.265/10 is directed against the order in HRC.460/07. Since the petitions are disposed of by the common impugned order and grounds seeking eviction of both the petitioners are the same, the petitions are clubbed, admitted and taken up for disposal together, by consent, along with Misc. Cvl. Nos.18616/10 and 18618/10 seeking stay of the impugned order2. Heard the learned counsel on both sides.3. Contextual facts are:a) Respondent initiated eviction proceedings against the petitioners herein on the premise that he is the absolute owner of property bearing No. 14, Burugal Mutt, North Cross Road,V.V.Purarn, Bangaiore-560 004. Petitioner in HRRP.264/10 is the tenant in respect of...


Oct 28 2010

Sri. C M Gangadharaiah, S/O. Mariyappa, Vs. M/S. Thirumala Milk Produc ...

Court: Karnataka

Decided on: Oct-28-2010

FILIATION ORDER1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.2. Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties, it is taken up for final disposal.3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.4. Brief facts of the case are:That on 21-11-06, when the claimant was proceeding in his motor cycle bearing registrationNo.KA-41-E-4249 and was waiting for signal at Ring Road Junction, Kanakapura road, the driver of lorry bearing registration No. AP-26-U-91|0 came in a rash and negligent manner and dashed against his motor cycle. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition beibre the MACT, Bangalore, seeking compensation of 25,00.000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs. 1.59.400/-and rounded it of to 1.60.000/- with interest at 6% p.a. Aggri...


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