Karnataka Court October 2010 Judgments
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Sri.M.K.Henry Madhukar, S/O.Mruthunjayappa Vs. Smt.SoumyA.M.P. W/O. He ...
Court: Karnataka
Decided on: Oct-27-2010
1. Appellant is the petitioner before the court below. Being aggrieved by the judgment and decree dated 8-12-2009 made in M.C.No.63/2007, he has filed this appeal.2. The brief facts of the case are as follows:The petitioner filed a petition under Section 18 of the Indian Divorce Act, 1869 seeking for annulment of marriage solemnized on 6-10-2005. The petitioner has contended that he is a permanent resident of Chitradurga and he belongs to Christian Community and Protestant group. Their family is having faith on Christianity and he is working as a teacher in a Government School. The marriage of the petitioner and respondent was arranged by both the families. The father of the respondent visited the petitioner's house about 3 to 4 times for the marriage settlement. The petitioner has seen the respondent before the marriage. Their Engagement was arranged on 29-5-2005 at the house of the respondent at Pavagada. Thereafter, date of marriage and place was fixed and the same was published on ...
Adinarayanappa, S/O Nanjundappa and ors Vs. P. Somaasundaram, Major S/ ...
Court: Karnataka
Decided on: Oct-27-2010
1. This is claimant's appeal seeking reification of the percentage of contributory negligence attributed to deceased Nanjundappa who died in a motor accident which took place on 4.2.2005 at about 5 pm., on Hosur main road.2. Brief facts of the case are that on 4.2.2005 at about 5 p.m., deceased Nanjundapp was trying to cross Hosur main road, in the process he was hit by a motor cycle bearing No.KA 1 W 6466 belonging to 1st respondent insured with 2nd respondent resulting in his death.Thereafter, on a claim petition filed by his children, on appreciation of the oral and documentary evidence available on record the court below has awarded compensation in a sum of Rs.2,70.000/-. Thereafter fixed contributory negligence on the deceased at 30% and thereby awarded compensation in a sum of Rs 1,89,000/- payable by the insurer with interest 6% p.a, from the date of petition till date of realisation. The claimants being aggrieved by the same have come tip in this appeal seeking to fix the entir...
State by Banashankari Police. Vs. V. Nanjundaiah, S/O. Veerabhadrappa
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal is filed by the State challenging the judgment dated 18.11.2006 passed by the Fast Track (Sessions) Judge - V, Bangalore City in S.C.No.445/2006 acquitting the respondents of the offence U/Ss.323, 354 and 307 17v,. Sec.34 of IPC.2. It is submitted that Accused No. 2 T.N.Rajshekar has expired and therefore, the case against Accused No.2 abates.3. It is the case of the prosecution that on 07.09.2005 at about 8.00 p.m. in House Nc.816, 19,h Main. 19th Cross, 2nd Stage, Banashankari with common intention of killing CW1 - Smt. Leena due to previous enmity and in furtherance of the said common intention, the accused picked up quarrel with CWl and abused and assaulted her, thereby, they are alleged to have committed an offence U/s.323 r/w. Sec.34 of IPC. It is further alleged that on the said date, time and place, all the accused persons assaulted CWl - Leena intending to outrage her modesty, thereby they are alleged to have committed an offence U/s.354 r/w. Sec.34 of IPC. It i...
Sri. M.N.Srinivasan. S/O. Late M.N. Sampath Iyengar. Vs. the Manager. ...
Court: Karnataka
Decided on: Oct-27-2010
:1. This appeal by the appellant is arising out of the impugned common judgment and award dated 04/04/2005 passed in MVC No. 3/2001 on the file of the 18th Addl. Judge, Court of Small Causes and Motor Accident Claims Tribunal-TV, Bangalore (SCCH-4), (hereinafter referred to as ' Tribunal' for short).2. The Tribunal by its judgment and award has awarded a sum of 1,15,000/- under different heads with interest am 6% per annum from the date of petition till its deposit, as against the claim of the appellant for a sum of 10,00.000/-, on account of the death of the deceased Smt. M.N. Rajaiakshmi, in the road traffic accident.3. The occurrence and the death of the deceased Sri. M.N. Rajaiakshmi in the accident that occurred on 1.11.2000 at about 10.20 p.m., due to the rash and negligent driving by the driver of the Long bearing No.KA.02.A.3339 near Ravigopal Petrol Bunk, Byatarayanapura. Bangalore, are not in dispute. The appellant is the husband of the deceased and he has filed a claim petit...
Hanuma @ Hanumaiah S/O Thimmaiah Vs. the State of KarnatakA.
Court: Karnataka
Decided on: Oct-27-2010
1. The petitioner is arrayed as accused No.2 in Crime No.46/1997 registered for offences punishable under Sections 395 and 342 of IPC by Yasalur police, Hassan District.2. Heard learned Counsel for petitioner and learned Government Pleader for the State.3. The petitioner was absconding during investigation so also, after the charge sheet was submitted. The petitioner did not appear before the Committal Court or before the Sessions Court. The learned Sessions Judge tried the available accused and acquitted them. On 2.7.2010, the petitioner was arrested and he is in judicial custody.4. The learned Sessions Judge has rejected the bail application considering the past conduct of abscondance of petitioner.5. The learned Counsel for petitioner would submit that he was not served with summons or issued with notice and he was not aware of the proceedings pending against him. The only apprehension of the prosecution is that if petitioner is released on bail, he may abscond and further protract ...
State by P.S.i Vs. M.N. Balgopal S/O N.C. Malya and anr
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal has been Hied chatter 30.10.2004 passed by the 12th Additional City Civil and Sessions Judge, Bangalore City respondents of the in S.C.Nc.668/ 1 offence under Sections 498-A and 313 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act.2. It is the case of the prosecution that the victim Smt Vidya Malya was married to the Balagopal on 23.08.1992 and at the time negotiations, the accused had demanded dowry of mt Rs.40,000/- and 20 sovereigns of gold, thereby they are to have committed offence under Section 4 of the Prohibition Act. It is further alleged that the accused have received a sum of Rs.40,000/- as dowry and 20 sovereigns of gold in consideration of marriage, thereby they are alleged to have committed offence under3. of the Dowry Prohibition Act. It is alleged that after the marriage, the respondent were pestering the father of the victim PW-4 to get a sum of Rs.30,000/ - as additional, dowry for the purpose of business, thereby it is alleged that the ac...
Sri G Munirayappa Vs. Agriculture Officer' Cum Seed Inspector
Court: Karnataka
Decided on: Oct-27-2010
1. The petitioner in the above petition has sought for quashing of proceedings in C.C.No.888/2003 pending on the file of the C J (Jr.Dn.) and J.M.F.C., Sorab.2. The learned Counsel appealing for the petitioner submits that since the complaint is filed after expiry of the self life of the seed, the petitioner could not heve availed an opportunity of challenging the Seed Analyst Report before the Central Seed Laboratory by invoking Section 16 Subsection 2 of the Seeds Act and therefore no purpose will be served by continuing the criminal proceedings and he prays for quashing of proceedings in the said case.3 The learned HCQP fairly submits that the complaint is filed after expiry of the self life of the seed end no purpose will be served by continuing the criminal proceedings.4. The facts of the case are:The petitioner is engaged in selling seeds of different kinds. He has obtained Seed Analysis Report from Seed Analysis/ Seed Testing Laboratory, Bangalore dated 15.04.1998, certifying th...
S.Thippamma W/O. Jayanna Vs. Khandoji Rao S/O. Devendrappa and anr
Court: Karnataka
Decided on: Oct-27-2010
1. This appeal by the claimant is directed against the impugned judgment and award dated 8th June 2005, passed in M.V.C.No. 145/2005, by the I Additional Civil Judge (Sr.Dn), III Additional Motor Accident Claims Tribunal, Davanagere, (for short. Tribunal) for enhancement of compensation on the ground that, the compensation of 1,42,300/- awarded in her favour as against her claim for 5.00 lakhs, is inadequate.2. The appellant claims to be aged about 40 years, working as fruit vendor, earning a sum of ?3,000/- per month. She was hale and healthy prior to the date of accident. That at about 8:00 A.M., on 22-02-2004, the appellant met with an accident while she was travelling in Mylaralingeshwara Bus bearing Registration No.KA-J7/C-8005 to go to Niituvalli village, near Chamundeshwari Talkies, on account of rash and negligent driving by the driver of the said Bus, without caring for the signal of the conductor. As a result of the same, she fall down and sustained injuries and sustained fra...
H. S. Ramakrishna S/O Sannachaluve Gowda Vs. the State of KarnatakA.
Court: Karnataka
Decided on: Oct-27-2010
ORDER1. The petitioner is arrayed as accused in Crime No.46/2010 registered for the offences punishable under Sections 7, 8, 13 (1) (c) (d) r/w Section 13 (2) of the Prevention of Corruption Act and also under Section 465. 468. 471. 420 r/w 120-B of l.P.C.2. Heard Sri.S.K.Venkata Reddy - learned Counsel for petitioner and Sri.S.G.Rajendra Reddy - learned Counsel for Lokayukta police and I have been taken through investigation records so far available.3. It is seen from the first information report suomoto registered by Police Inspector of Lokayukta that the petitioner was the in-charge Special Land Acquisition Officer-II from 15.6.2009 to 2.7.2009 and 1 i. 1 i .2009 to 26.12.2009. During the aforesaid period, petitioner had issued a cheque for Rs.4,05,00.000/-towards compensation in respect of 6 acres 35 guntas of land to persons, whose names were not found in the final notification. It is alleged that the petitioner had disbursed a sum of Rs.2,48,00,000/- as compensation in respect of...
Sarojamma, W/O. Late Venkatesh and ors Vs. M/S. the United India Insur ...
Court: Karnataka
Decided on: Oct-27-2010
1. 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 21-12-06, when the deceased Venkatesh was crossing the West of Chord road in VI Block. Rajajinagar. Bangalore, the driver of tanker lorry bearing registration No. KA-3 3-3802 came in a rash and negligent manner and dashed against him. As a result, he sustained fatal injuries and succumbed to the injuries on the spot. His wife, three major sons and one major daughter filed a claim petition before the MACT, Bangalore, seeking compensation of Rs. 15,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs.2.89.000/-with interest at 7.5% p.a. Aggrieved by the quantum of compensation aw...
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