Karnataka Court October 2010 Judgments
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Smt Puttamma W/O. Late.Halappa, and ors Vs. Siddappa S/ O Puttaswamaia ...
Court: Karnataka
Decided on: Oct-28-2010
1. This appeal is by the claimants for enhancement of compensation awarded by the Tribunal.2. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.3. The brief facts of the case:On 25.11.2003, when the deceased Halappa was returning to his house on his motorcycle bear tag registration No.KA-13-4515 after feeding bore well water to his lands near Devarahalli gate on S.Belagola-C.R.Patna road, a Hero Honda scooter bearing registration No.KA-09-EA-0?54 came in a rash and negligent manner and dashed against his motorcycle. As a result, he sustained grievous injuries to head and died on the way to hospital. His wife, two major SODS and two married daughters filed a claim petition before the MACT, C.R.Patna seeking compensation of Rs.12,00,000/-. The Tribunal awarded them a compensation of Rs.3,26,500/- with interest at 6% p.a.4. As there is no dispute regarding death of the deceased in a road traffic accident, negligence ...
North West Karnataka Road Transport Corporation Central Office Vs. Sri ...
Court: Karnataka
Decided on: Oct-28-2010
1. These appeals are filed by NWKRTC challenging the judgment and coward dated 14.11.2005 passed in MVC.Nos.1665 and 1666/2003, wherein the court below has awarded compensation 10 the claimants for the death of their parents in a road traffic accident which has taken place on 25.10.2002 near Myadaneri Cross on N.H.13.2. Brief facts leading to these appeals are as under: Deceased Zahoor Ahmed and his wife Smt.Badrunnisa were traveling from Bangalore to Bagalkot in a deluxe has bearing No.KA-29/F-478 belonging to appellant herein. The fact that deceased were inmates of said bus at the time of accident, the death of aforesaid persons is directly attributable to injuries suffered by them in the aforesaid accident resulting in their death is not in dispute. Thereafter, the respondents herein, who are claimants in court below being children of deceased Zanoor Ahmed and his wife Smt.Badrunnisa filed claim petitions seeking compensation for the death of their patients.3. In the court below, 1s...
The Executive Committee, Association of School for the Indian School V ...
Court: Karnataka
Decided on: Oct-28-2010
JUDGE MENT1. Heard the learned counsel for the appellant regarding office objection.2. The learned counsel for appellant placing reliance on the decision of the Honble Supreme Court, Rajasthan High Court and Madras High Court reported in AIR 1962 SC page 527, AIR 1988 RAJASTHAN page 53 and AIR 1932 MADRAS page 316, submitted that the appeal is maintainable. He submitted that mere mention of provision is not important but, substance is important.3. I do not find any merit in the submission of the learned counsel for appellant.4. The impugned order is passed under' Section 151 of OPC. Order 43 Rule 1 of C.P.C. provides for appealable orders. The impugned order is not appealable order under Order 43 Rule 1 of C.P.C. Therefore, the appeal is not maintainable.5. Office objection upheld. The appeal is dismissed as not maintainable reserving liberty to the appellant to pursue the remedy available in law....
Smt Sandhya N W/ O Kirti Rao Vs. Sri Kirti Rao S/O Lakshman Rao.
Court: Karnataka
Decided on: Oct-28-2010
ORDER1. Though the petition is listed for admission, with the consent of kerned Counsel for the parties, heard arguments for final disposal.2. The petitioner is before this Court under Section 24 of C.P.C, praying to withdraw the case in MC.No. 1503/08 pending on the file of the Prl.Family Court at Bangalore and to transfer the same to the Court, of PrLCivil Judge (Sr.Dn) at Hassan.3. Learned Counsel for the petitioner submits that the marriage of the petitioner with the respondent took place at Hassan and after the rift between them, the petitioner is residing with her parents at Hassan aixl it is inconvenient for her to attend the case in M.C.No.1503/08 pending before the Family Court at Bangalore and the petitioner has no means.4. Learned Counsel for the respondent submits that the respondent is ready and willing to pay the expenditure for the petitioner to attend the case at Bangalore.5. It is submitted that in the said M.C.Case, the petitioner-wife has filed an application seeking...
The Karnataka State Fose St Industries Corporation Ltd Vs. the Deputy ...
Court: Karnataka
Decided on: Oct-28-2010
1. Heard the learned Counsel for the appellant as well ay learned Government Advocate Mr. Vedamurthy.2. According to the appellant Counsel, the appellant being the State Government undertaking admitted the VAT amount paid by the appellant and disputed amount pertains to the transactions on which Service Tax was leviable. Therefore, there need not be any direction to deposit 50% of the VAT amount demanded by the Departments, pending disposal of Writ Petitions.3. According to the learned government Advocate in number of judgments of Division Bench of this Court, on earlier occasion, direction was issued to collect Service Tax and VAT as well. Hence, the writ petitions filed by the appellant are nrt maintainable and question of entertaining these appeals would not arise.4. Learned Counsel for the appellant relies upon the judgment of Supreme Court in case of Bharat Petroleum Co. Ltd., V/s Commissioner of Sates TetK and Others reported in (2008) 17 VST 162 on the ground that xo substantiat...
Smt. Shantamma W/O. Late Sriplanawthaswamy and ors Vs. Shrimandar Kuma ...
Court: Karnataka
Decided on: Oct-28-2010
ORDER1. The instant application is filed by Smt.Shantamma, T.A.Padmanabaswamy and T.S.SubramanyaSwamy in OSA No.21/2009.2. We have heard the learned counsel appearing for the appellants and the Sri.G.Krishnamurthy, learned counsel appearing for respondents 1, 2 and 4 and Sri.V.Jayaram, learned counsel appearing for the official liquidator.3. Sri.G.Krishnamurthy, learned counsel appearing for respondents 1. 2 and 4 and Sri.V.Jayaram, learned counsel appearing for die official liquidator, at the outset, fairly submitted that they have no objection to allow the application.4. In the light of the submission made by the learned counsel, as stated above and for the reasons stated in the accompanying affidavit filed in support of the application, the application is allowed. Registry is directed to pay a sum of 3,50,758/- in favour of the applicants- Smt.Shantamma, T.A.Padmanabaswamy and T.S.Subramanyaswamy. Subject to their executing a personal bond in favour of the Registrar, High Court of K...
S.Dinesh S/O SiddagangappA. Vs. Sri V.Narayana Reddy S/O Venkataramapp ...
Court: Karnataka
Decided on: Oct-28-2010
1. Appellant is the defendant before the court below. Being aggrieved by the judgment and decree dated 11.08.2003 made in O.S.No.6325/1997 passed by the 31st Additional City Civil Judge, Bangalore the defendant has preferred this appeal.2. The brief facts of the case are as follows: The respondent is the plaintiff before the court below. He filed a suit for recovery of 1,40.020/-together with future interest at the rate of 24% per annum and costs. The plaintiff has contended in the plaint that the plaintiff and defendant are the partners of the partnership firm i.e., M/s Panache Enterprises at No. 17/3 Old Madras Road, New Binnamangala Indiranagar, Bangalore carrying the business in sale and servicing center and carrying on the works entrusted by Escorts Company as per the partnership deed dated 12.05.1994. In view of the differences of opinion between the partners, they have agreed to dissolve the partnership and accordingly, they entered into deed of dissolution dated 1.02.1996. As ...
M/S Sreepathi Silk Center Vs. Sri S Venkatesh Murthy. S/O Suryanarayan ...
Court: Karnataka
Decided on: Oct-28-2010
1. Appeal is by the complainant assailing the order of the XIII Audi. CMM, Bangalore in CC 18246/2005 dismissing the complaint and acquitting the accused.According to the complainant, accused had borrowed hand loan of Rs.2 lakhs to improve his business. The accused having agreed to pay interest at the rate of 24% p.a., had issued a cheque towards repayment. He has paid interest by way of cheque for Rs.2,000/- up to October 2002. The accused had borrowed the amount through cheque only. When on presentation the cheque was dishonored for insufficient funds, later legal notice was issued which was returned with a shara not claimed". Thereafter, the present complaint came to be filed. Learned Magistrate having inquired into the matter, dismissed the complaint on the ground that it is a time barred debt.2. The cheque has been issued towards a legally enforceable debt. It is settled position in a catena of decisions that, if the cheque had been issued even in respect of a lime barred debt, ne...
Mr Bhaskar Aithal S/O. Vasudeva Aithal Vs. Mrs Leelavathi E/O.U Naraya ...
Court: Karnataka
Decided on: Oct-28-2010
1. This appeal is by the complainant assailing the order of acquittal of the respondent - accused, passed in CC No.7502/02 by the JMFC-II, Mangalore, OK, dated 20.02.2008 for the offence punishable under Section 500 of IPC.2. The main allegation is that the accused is laid to have caused publication against the complainant in Karavali Ale local daily newspaper dated 17.3.2002 under the caption "Jathaka Torisalu bands, yuvathige jothishiyinda vanchane' and that the said article is defamatory and it adversely affects and tarnishes the image of the complainant, By publication of such defamatory article, the reputation and image of the complainant is lowered down, and name and fame were ruined and in total, he was defamed. Therefore, a legal notice dated 19.3.2002 was caused to the accused and the same was served on the accused on 27.3.2002, and thereafter, he filed a complaint under Section 200 of Cr.PC before the Magistrate to take action. After recording the sworn statement of the compl...
Sri. Ravishanakar, S/O Late Manjoji Rao and ors Vs. State by Lakkavall ...
Court: Karnataka
Decided on: Oct-28-2010
ORDER1. This Criminal Petition is filed under Section-482. of Code of Criminal Procedure praying to quash all further proceedings in P.C.R. No.5/2010 on the file of the Senior Civil Judge & Prl. JMFC, Tarikere, by allowing this Criminal Petition.2. I have heard the learned counsel for the petitioners as well as the learned High Court Government Pleader on behalf of the respondent - State. Notice to Respondent No.2 is dispensed with.3. The primary facts of the case are as under:The complainant and accused are brothers. It is alleged in the complaint that property bearing Sy.No.2/2 measuring 1 acre 10 guntas situated at Mudugodu village, Lakkavalli Hobli, Tarikeri teluk is the joint family and ancestral property of the accused and the complainant. This property was not divided. Accused No 1 colluded with Accused Nos.2 to 4 and concocted a partition deed and cheated the complainant. The signature found on the partition deed is not the signature of the complainant. The complainant's signat...
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