Karnataka Court October 2010 Judgments
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The New India Assurance Co. Ltd. Vs. Sri C.K.Shive GowdA. Major S/O Ka ...
Court: Karnataka
Decided on: Oct-28-2010
1. This appeal is by the Insurance Company with which the Tata 407 goods vehicle bearing registration No.KA-13- 5205 which was involved in the accident that occurred on 06.06.2004 was insured as on the said date and time of accident. The appellant-insurer has challenged the correctness of the impugned judgment and award dated 25.08.2006 passed in MVC No.5502/2004 by the learned Judge of Small Causes Court and Member MACT-V, Bangalore City (hereinafter referred to as "Claims Tribunal' for short).2. Respondent No. 1 herein, who was respondent No.2 before the Claims Tribunal, was the owner of the said vehicle and respondent No.2 herein was the injured-claimant before the Claims Tribunal.Both these respondents in this appeal have not chosen to contest the present appeal.3. Therefore arguments of Sri Muniraju, learned Counsel for the appellant are heard. Perused the entire material found in the original records obtained from the Claims Tribunal.4. The appellant-Insurance Company has challen...
Smt a C Sujatha W/O Sri Maharudrappa Vs. Sri S Lingachar S/O Surnaraya ...
Court: Karnataka
Decided on: Oct-28-2010
1. Dissatisfied claimant is in appeal against the judgment and award in MVC.1253/2005 dated 06.06.2007 on the file of the II Addl. Civil Judge, (Sr.Dn.) & Motor Accidents Cairns Tribunal, Chitradurga seeking enhancement.2. Heard learned counsel on both sides.3. Perused the records. It reveals that the appellant lodged a claim under Section 166 of the Motor Or Vehicle Act seeking compensation for pecuniary and non-pecuniary losses suffered by her as a result of injuries sustained by her in a motor vehicle accident on 21.02.2005 involving a Jeep bearing Regn.No.KA-05/Z-5045 owned by the Regional Director, Ministry of Water Resources, Central Ground Water Board, Bangalore alleging that accident was a result of culpable negligence of the driver of the vehicle arrayed as first respondent in the claim petition.4. The claim was resisted by the respondents denying the negligence and also questioning entitlement of the claim. Relevant issues were framed by the Tribunal calling upon the parties ...
Sri S T Anandhan S/O Late Shivashanker Vs. C Shoba D/O M S Chandran
Court: Karnataka
Decided on: Oct-28-2010
ORDER1. The application filed by the petitioner under Order XVI Rule 6 of CFC before the Family Court praying for a direction to the Income Tax Department to produce income tax returns and self-assessment tax returns of the respondent herein, is rejected by the impugned order.2. The petitioner m the husband of the respondent. The relationship is not in dispute. Out of the wed lock, a son and a daughter are born to the parties. The respondent filed application praying for interim maintenance of 15,000/- per month for the children. During the pendency of the said application, an application under Order XV! Rule 6 of CPC as mentioned above is filed.3. This Court does not tend any ground to interfere with the impugned order, inasmuch as the same is just and proper under the facts and circumstances of the case. The respondent does not dispute that she has got income to maintain herself. However, she has sought for maintenance only in respect of the children. Even assuming that the responden...
Sri MunivenkatappA. S/O Late Ayyappa and ors Vs. Sri J T Suresh, S/O L ...
Court: Karnataka
Decided on: Oct-28-2010
1. The appellants/defendants in O S No.1 146/2006 on the file of XXXIII Addl. City Civil Judge. Bangalore City, are before this Court challenging the judgment anddecreemadeinfavour of the respondents. By the impugned judgment and decree, the appellants/defendants were permanently restrained from interfering with the respondents/plaintiffs peaceful possession and enjoyment of the suit schedule property.2. The bone of contention of the learned Counsel for the appellants is that on 16.1.2009. When the case was posted for further evidence of D.W1. since D.W1/defendants and the Counsel were absent, further evidence of D.\V1 was taken as nil and the evidence on the side of defendants was closed and suit was posted for arguments on 201.2009. On 20.1.2009. Counsel for the defendants filed applications praying a month's time for argument and to prosecute the suit. But, the trial Court rejected the request and decreed the suit on 30.1.2009 without giving sufficient opportunity to the defendants....
Venkatappa S/O Late Dasabhovi @ Dasappa and anr Vs. Chowdamma W/O Late ...
Court: Karnataka
Decided on: Oct-28-2010
1. Aggrieved by the Judgment & decree dated 24.3.2005 passed in OS.No.102/2001 by the Civil Judge (Senior Division), Holalkere, dismissing the suit for partition and separate possession the plaintiffs have filed the present appeal.2. The parties would be referred to as per their rank before the trial Court. The case of the plaintiffs is that the grand-father of the plaintiffs namely, Thirnmauo Vellappa had two sons by name Dasabovi @ Dasappa and Venktappa. Dasabovi was elder to Venktappa. Dasabovi had two wives. The first vv-ife Bheemakka @ Sathyakka is the mother of the plaintiffs. The second wife Chowdamma is defendant No.1 and their son is defendant No.2. Dasabovi died about 5 years prior to the filing of the suit leaving behind him, the children of the first wife. The suit schedule lands bearing Survey Numbers 39/1B, 149, 41/1 P, 37/1, 37/1A, 29/9 and the house bearing No.38 are situated in Devigere and Kallahally village, Hosadurga Taluk. About 5 years prior to filing of the suit,...
The Oriental Insurance Co Ltd. Vs. Smt. Leelavati Gopal W/O Late K S G ...
Court: Karnataka
Decided on: Oct-28-2010
1. Though this appeal is listed today for orders on the application for condonation of delay, it is taken for final disposal by consent of the learned counsel tor both the sides and their arguments are heard.2. The present appeal is by the insurance company with which the tanker lorry bearing registration No.KA-19/9589 that was involved in the accident that occurred on 27.12.2007 was insured.3. The factum of accident and also the death of the deceased Sri.K.S.Gopal, husband of claimant No.1 and father of claimant Nos.2 and 3 (the married daughters) and claimant No.4 (son), died as a result of the injuries sustained by him in the said accident are all not in dispute.4. Sri. S.V.Hegde Mulkhand, learned counsel for the appellant insurer, strongly contends that as per the contentions of Ex.P13, the copy of the income tax return submitted by the claimants themselves, the age of the deceased, as on the date of the accident, was more than 80 years and the age of the deceased as mentioned in E...
State of KamatakA. Vs. A.C, Sudhakara S/O Sri. Chanhu
Court: Karnataka
Decided on: Oct-28-2010
1. This appeal is filed by the State challenging the Judgment dated 01.02.2005 passed in S.C.No.36/2001 by the Prl. Sessions Judge, Madikeri acquitting the respondent for the offence punishable under Sections 302 and 324 IPC.2. The prosecution case is that on 19.12.2000 at about 11.00 p.m. near Guyya village within the limits of Siddapur Police Station, the accused suspecting the chastity of his wife committed the murder of his wife by assaulting her with wooden club intentionally and knowingly and thereby, he has committed the offence punishable under Section 302 of IPC. It is further alleged that on the said date, time and place, accused has also assaulted his daughter Dhanya with the club, when she tried to rescue her mother, thereby he is alleged to have committed the offence punishable under Section 324 of IPC.3. In order to prove the case, the prosecution has examined in all 21 witnesses and got marked Exs.Pl to P14 and produced MOsl to 6. The defence of the accused is one of tot...
Basappa S/O Venkangouda Vs. Deviputra S/O Anandappa and ors
Court: Karnataka
Decided on: Oct-28-2010
ORDER1. This review petition is filed by one Basappa requesting the Court to review the order dated 06.10.2010 in Writ Appeal No. 10150/2010.2. The aforesaid writ appeal was preferred against the order of the learned Single Judge who had directed for preparation of fresh voters' list and thereafter to proceed with the election. Once a calendar of events is published and the election is notified merely because some body raised objection regarding entries in the voters list, neither the elections can be stalled nor the fresh voters list has to he prepared at that stage. An objection regarding the voters list has to be taken after voters list duly published and time is given to raise objections. It is only after considering objections. voters list is finalized and preparation of voters list is a condition precedent for issue calendar of events. Once calendar of events is issued, the correctness of voters list cannot be gone into either by Returning Officer or by the Courts, if the interes...
Harshal Sanghvi S/O Vastupal Sanghvl and anr Vs. Praveen Kumar Rawal S ...
Court: Karnataka
Decided on: Oct-28-2010
ORDER1. This review petition is filed by respondent Nos.3 and 4 in W.P.No.3424/2009. seeking review of the order dated 1.12.2009 passed by a Division Beneh of this Court in the said writ appeal by which the order of the learned Single Judge dated 12.8.2009 passed in W.P.No. 14791/2009 was set aside by allowing the appeal.2. W.P.No. 14791/09 was filed by the first respondent herein challenging the order dated 16.1.2009 passed by the second respondent herein and also the licence dated 29.1.2009 issued by the third respondent here in. The learned single judge rejected the writ petition as not maintainable in view of the first respondent instituting O.S.No.2426/2009 for permanent injunction, restraining the petitioners herein from interfering with the business of M/s. Suraj Traders in the plaint schedule premises pursuant to the licence dated 1.4.2008 issued by the third respondent, in the following terms:"3. The question as to whether the petitioner resigned from an unregistered partnersh...
Sri.Murthygowda @ Murthi S/O Annegowda Vs. State by Belur Police
Court: Karnataka
Decided on: Oct-28-2010
1. The petitioner is arrayed as accused in Crime No.247/2009 registered for offences punishable under Sections 324, 326 and 506 I.P.C. Later, at the time of filing of charge sheet, an offence under Section 326 was included.2. Heard learned Counsel for petitioner and learned Government. Pleader and I have been taken through investigation records.3. The investigation records would reveal that one Jayamma is the eider sister of first informant/injured. She was given in marriage to Rajcgowda of Marur village, fie died about 12 years prior to the date of incident and he had no male issues. Therefore, the said Jayamma gave her daughter in marriage to one Satish and Sathish become the ill-torn son-in-law and he was living within the family of said Jayamma. The petitioner is son of the elder brother of husband of Jayamma. The petitioner has grievance about this arrangement brought about by Jayamma.4. On 26.11.2009. first informant had visited the village of his sister at 5.30 p.m. When she was...
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