Karnataka Court October 2010 Judgments
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New India Assurance Co. Ltd Vs. Razak Sab S/O Khaja HussaIn Sab. and R ...
Court: Karnataka
Decided on: Oct-29-2010
1. Respondent no.2 in MVC 1248/2002 on the file of the I Addl. Civil Judge, Sr Dvn. & Addl. MACT. Chitradurga is the appellant.2. Parties will be referred according to their ranking found in the Tribunal.3. Necessary facts for consideration of the appeal are as follows:- It is the case of the petitioner that he alongwith Rangaswamy, Rama and T N Ananda - the claimants in 3 claim petitions on 9.4.12002 were travelling in mahindra jeep bearing Regn.No.KA-30/M-7677 from Sakaleshapura to Hiriyur. When the jeep was near Aladakatte Village, the driver of jeep has driven it rashly negligently, it resulted in dashing to a road side bridge and accident occurred. The petitioner was shifted to hospital, for pain, suffering and agony claimed compensation of Rs. 1,85,000/-. The case of the claimant is resisted by 2nd respondent calling upon the petitioner to prove the accident. Contend that the liability of the Company is strictly in accordance with the terms of the policy. If, in case the Court co...
Vadivelu S/O Murugan Vs. the New India Assurance Company Ltd and ors.
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 referred to in the claim petition before the Tribunal.3. The brief facts of the case:On 14.02.2005, when the claimant was walking on the extreme left side of the Mariyappana Palya, Petrol Bunk, Kengeri Road, a motorcycle bearing registration NO.KA-05-EH-5583 came in a rash and negligent manner and dashed against him. As a result, he fell down and sustained injuries. Hence, he filed a claim petition before MACT, Bangalore seeking compensation of Rs.3,75,000/-. The Tribunal awarded him a compensation of Rs. 1,39,250/- 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 vehicle, the only point that arises for my consideration in the appeal is:"Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancem...
State of Karnataka Vs. Sri.Manoj@ Manjunatha S/C Raju
Court: Karnataka
Decided on: Oct-29-2010
1. This appeal is filed by the State challenging the judgment dated 15.12.2004 parsed by the II Add! Sessions Judge. Mysore in Spl. Case No. 154/ 2001 acquitting the respondent of the offence under Sections 366, 376 and 41.7 of IPC and under Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.2. It is the ottse of the prosecution that on 29.12.2001 at about 12 noon at Kothegala village of H.D.Kote taluk accused kidnapped CW-1 Savitha with the intention that she may be compelled to illicit intercourse and thereby he is alleged to have committed offence punishable under Section 366 of IPC. It is further alleged that on the above said date and subsequently at different dates, at Mysore and other towns he committed rape on CW-1 Savitha and thereby he is alleged to have committed offence punishable under Section 376 IPC. It is further charged against the accused that he has cheated CW 1 Savitha by having forcible sexual intercourse with her by as...
R. Mohan Kumar, S/O Ramakrishnappa, Vs. K. Nandini, W/O R. Krisnamurth ...
Court: Karnataka
Decided on: Oct-29-2010
ORDER1. This Criminal Petition is filed under Section-48z of Code of Criminal Procedure praying to quash the impugned order dated 1.7.2010 passed by the i/c Prl. Civil Judge & JMFC, Arsikere taking cognizance and issuing summons in PCR NO.275/2008.2. I have heard the learned counsel for the petitioner as well as the learned counsel for the respondent.3. Learned counsel for the petitioner submits as under:That the complaint averments do not disclose any overt acts in respect of petitioner/Accused No.4. Accused No.4 is a resident of Bangalore. The allegations made in the complaint are value. Even in the sworn statement, specific overt acts have not been attributed against Accused No.4. Therefore he seeks to quash the proceedings.4. Learned counsel for the respondent submits as under:That in the sworn statement, there is a allegation to the effect that Accused Nos.1 to 4 were present when there was criminal intimidation to the complainant. Petitioner/Accused No.4 was present at the time o...
Sri Raja S/O G Karpaiah Vs. Sri V Nagaraja R/O Vidyapeeta
Court: Karnataka
Decided on: Oct-29-2010
1. Dated 21.04.2007 in M.V.C.Mo.58/2006 on the file of Motor Accidents Claims Tribunal, Judge, Court of Small Causes, SCCH-4. Bangalore.Appeal is posted for Admission after notice to respondents.Heard the learned counsel for the appellant and the There is a delay of 22 days in filing the appeal. Considering the grounds in the application, delay is condoned. LA.No.1/08 is allowed. Appeal is admitted and by consent taken up for fins: disposal.2. The relevant facts are:The appellant sought compensation from the respondents on the basis that while he was crossing Eagle street near Agarwal eye hospital, Bangalore, a Tata Sumo vehicle bearing No.KA-05 C 1252 driven in rash and negligent manner by its driver came from Long ford road and hit against him, consequent to the impact, he suffered injuries to his right lower limb resulting in fracture. He was rushed to Bowing hospital where he was subjected to surgery to set right the bones of right lower knee. He was inpatient for a longtime and su...
Smt.SumA. W/O. Iate Sri.Rviswanath, and ors Vs. Sri.K.N.Shankara Dixit ...
Court: Karnataka
Decided on: Oct-29-2010
1. The appellants are the 1.Rs of the original defendant Sri.R.Viswanath. They are before this Court challenging the Judgment and Decree dated 02.07.2010 made in O.S.No.2618/1998 on the file of City Civil Judge at Bangalore city.2. As per the Judgment and Decree, the defendants are directed to hand over vacant possession of the suit schedule property in favour of the plaintiffs 'Mihir three months from the date of decree, failing which, the plaintiffs were given liberty to take possession of the suit schedule property, in accordance with law.3. A compromise petition under Order XXIII Rule 3 of CPC is filed. Out of the appellants. Appellant No. 1 is the wife of the deceased Sri.R.Viswanath. Appellants 2, 3 and 4 are the children of the deceased/original defendant.4. Appellant Nos. 1 and 3 are present before the Court. Though the Appellants 2 and 4 are not present. Appellant No.1 submits that Appellants 2 and 4 have signed the compromise petition.5. The parties admit and accept the terms...
Sri Swami Gowda S/O Kullasanappa and ors Vs. Smt. Sannamariyamma
Court: Karnataka
Decided on: Oct-29-2010
1. The parties and their counsel arc present before the Court and file an application under Order 23 Rule 3 of the Code of Civil Procedure which reads as follows:"APPLICATION UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDUREThe applicants respectfully submit as follows:i. That the appellants have filed the above appeal challenging the judgment and decree dated 24/10/2009 in RA No.53/2009 passed by the Civil Judge (Sr.Dn.) & JMFC, at Pandavapura. 2. That the father of the 1st appellant and the father of the husband of respondent are brothers and the schedule property was formerly the ancestral property belonging to the grand father of the 1st appellant and the husband of the respondent.3. That by the intervention of well-wishers and family members, the parties in the above appeal proceedings settled their dispute between them with respect to the appeal schedule property as mentioned in the schedule below and both the parties hereby agree and bind themselves to the following terms and con...
Suresh S/O Late Sharjbog Vs. the Joint Registrar of Co-operative Socie ...
Court: Karnataka
Decided on: Oct-29-2010
ORDER1. The petitioner had availed certain financial assistance from the second respondent Bank. Since the petitioner failed to repay the amount, the second respondent initiated proceedings under section 70 of the Karnataka Co-operative Societies Act, 1959 (for short the Act') for recovery of a total sum of 2,13,412/-. The Competent authority allowed the dispute and directed the petitioner to pay a total sum of 2,13,412/- with interest at 16% p.a. on 1,91,555/- from 01.10.2002 till the date of payment.2. Feeling aggrieved, the petitioner filed an appeal before the Karnataka Appellate Tribunal in appeal No.958/2005. The Tribunal by its order dated 27.02.2009 dismissed the appeal. The petitioner has challenged the said order in this writ petition. This Court had granted an interim stay on 26.05.2010 subject to the petitioner depositing a sum of 3,00,000/- with the respondent Bank within four weeks from the date of the order. Admittedly, the petitioner failed to deposit the said amount.3....
Sri P a Gunabhusharva Vs. Smt B G Kanthabai
Court: Karnataka
Decided on: Oct-29-2010
ORDER1. This petition is listed with office objections and acceptance of the submission of the learned counsel. The learned counsel submits that he has complied with all office objections except regarding deposit of two months rent which he is prepared to deposit immediately. He submits that the trial court has issued delivery warrant for eviction of the petitioner and thus the matter is urgent. He seeks interim stay.2. It is noticed that respondents have entered caveat upon whom the counsel submits that he has served copies of the petition and has intimated them that the matter will be posted today. Further he accepts the fact that this matter was not listed today and only on the motion made by him at 10.30 a.m., it is listed at 2.30.p.m. We, therefore cannot expect the caveator counsel to be present without being intimated that this petition will come at 2.30 p.m. However, the learned counsel submits that there is threat of executing eviction order as the delivery warrant has been or...
Smt.Nathalia M.Pinto. W/O John W.Pinto Vs. Mr.Francis X Pinto. S/O Lat ...
Court: Karnataka
Decided on: Oct-29-2010
1. Joseph M Pinto and Francis Pinto have filed a suit for partition against Nathalia M Pinto in OS 14/92 seeking for partition. Suit was decreed. Defendant in the suit has tiled FDP 40/1994. FDP Court while carving out the shares directed the defendant to pay Rs. 1.50,000/- as Owelty. Towards the value of the land measuring 0 00.53 cents, lost by the plaintiff while adjusting the properties allotted to the parties. The same is challenged in RA 84/2008 wherein Appellate Judge has directed for fresh enquiry and fresh drawing of the final decree.2. Defendant is in appeal contending that such a sending back for fresh enquiry is not proper. Principle of Owelty is applicable while adjudicating the rights of parties in final decree proceedings. So seek for confirmation of the order passed in FDP 40/94.3. Learned Senior counsel Sri Mahale vehemently supports the contention of the defendant contending that a portion of the property is given to the defendant and for the said property, money is q...
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