Karnataka Court October 2010 Judgments
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Smt. Sakamma W/O Late Sri Beeregowda Vs. Sri Maregowda and ors
Court: Karnataka
Decided on: Oct-26-2010
1. The appeal coming on for admission is considered for final disposal. The brief facts are as follows:2. The appellant contends that the appellant was the defendant before the trial court and it is contended that the suit property is agricultural land bearing Sy.No.84/4 measuring 1 acre and 25 guntas of Madhuvanahalli of K.R.Nagar Taluk, Mysore District. The appellant had purchased the land at a court auction in Ex.Case No.264/1986 as on 16.06.1967 and the sale was duly confirmed and the appellant claims that she has been in absolute possession and enjoyment of the same. It is stated that there was interference by one Siddegowda and therefore, the appellant had filed civil suit in O.S.No.463/1975 before the Court of the Munsiff, K.R.Nagar against the said Siddegowda who was the father of the respondent in this appeal for possession. The suit was decreed and execution was taken out in Ex.Case No.51/1978, at which point of time, the brother of the judgment debtor, one Maregowda had rais...
K.N.Nagaraj S/O Ningappa Vs. State by Nelamangala Town Police Station
Court: Karnataka
Decided on: Oct-26-2010
ORDER1. The petitioner is the husband of first informant. Their marriage was performed about 17 years back. They have two children. Before the marriage, the petitioner and the first informant were in love with each other. Their parents came to flow of it and performed their marriage on 30.6.94. The petitioner was a Gambler and he was harassing and assaulting the first informant. Repeated advice by the elders of the family did not yielding result. The petitioner was living in a separate house in Somoji Rao Layout, Nelamangaia town since October 2009. These facts found in the first information. It is alleged in the first information that on 21.9.2010, petitioner came near the house of first informant and abused her and also held out threats to her life On 27.9.2010. the first informant lodged the first, information, on the basis of which crime No.656/2010 was registered for offences punishable under Sections 498 (A). 504 and 506 I.P.C.2. Considering the date of marriage and the fact that...
A. Neelakantesbwara Reddy S/O A. Ramachandraiah Vs. the Managing Direc ...
Court: Karnataka
Decided on: Oct-26-2010
1. This Writ Appeal is filed by the unsuccessful petitioner in W P No.30995/2000 being aggrieved by the order dt. 22. 12.2006. Wherein the learned Single Judge has declined to interfere with the notice at Annexure 'Q' dt. 19.4.2000. Wherein certain amount was sought to be recovered from the petitioner-appellant herein on the ground of excess payment.2. The appellant herein filed the Writ Petition contending that he had been awarded contract. He is a Class-1 contractor and he has executed the Upper Krishna Project at Lingasagur. He was made payment as per the terms of the contract. However. Annexure 'Q' has been issued demanding refund of Rs.49,58,457/-towards dewatering and mechanical lead charges which has been paid in excess and liable to be recovered. It was contended that payment had been made in accordance with law and petitioner is not liable to refund any amount. The learned Single Judge after hearing the counsel appearing for the parties held that in view of Clause 29(a) of the...
Fathima Jaan W/O Syed Abdul Rehjvlan Vs. K.H.Rangaraju S/O Uchhaiah an ...
Court: Karnataka
Decided on: Oct-26-2010
1. This appeal by the claimants is directed against the impugned judgment and award dated 14.07.2005 passed in MVC No.2796/04 on the file of the Member, MACT-V, Addl. Judge, Court of Small Causes, Bangalore, SCCH No.5, (hereinafter referred to as 'the Tribunal' for short).2. By its judgment and award, the Tribunal has awarded a sum of 71,15,000/- with interest at 6% p.t?. from the date of petition till realization as against the claim made by the appellants for a sum of 715,00,000/- on account of the death of Sri.Syed Abdul Rehman in the road traffic accident. Being aggrieved by the said judgment and award, the appellants have 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 appellants are the wife and daughter of late Sri.Syed Abdul Rehman. They filed the claim petition under Section 166 of the M.V. Act claiming compensation of 715,00,000/- on account of the untimely death of the d...
Sri.Prithviraj Jain, S/O.B.Chandayya Shetty Jain, and anr. Vs. Manipal ...
Court: Karnataka
Decided on: Oct-26-2010
1. The appellants are the defendants 1 and 2 before the court below, being aggrieved by the judgment arid decree dated 20-6-2003 made in O.S.No. 100/1999 by the Court of Civil Judge (Sr.Dn.), Kundapur preferred this regular first appeal.2. The brief facts of the case are as follows:The plaintiff who is the first respondent in this appeal filed a suit against the defendant for recovery of a sum of 7.4,09,424/- with cost and interest at 22% p.a. compounded monthly from the date of suit till the date of realization of the decretal amount. In the plaint, the plaintiff has contended that Manipal Soubhagya Nidhi Limited is a Company incorporated under the Indian Companies Act 1956. The plaintiff has been exempted from obtaining money lenders' license by the Government of Karnataka as per notification dated 9-9-1992. As per the Articles of Association of the plaintiff each of the defendants applied to the plaintiff to enroll each of there as preferential share-holders of plaintiff-Company. Ac...
Dr. Loganayaki, Vs. Sri.RamachandrappA. S/O.Rainappa, and ors
Court: Karnataka
Decided on: Oct-26-2010
1. The present appeal is filed by the appellants, who are the plaintiffs in O.S.No.4/1996 on the file of the Civil Judge (vSr.Dn). Sagar are challenging the judgment and decree dated 30 09.2004 passed by the court below.2. The facts leading to these appeals are as hereunder:The plaintiffs filed the suit to declare the 1sl plaintiff as the widow of Jinadatta and 2nd plaintiff as the son born to the 1sl plaintiff and Jinadatta and to grant a decree for partition and separate possession of the plaintiffs share in all A. B and C schedule properties. According to the plaint averments, 1st plaintiff was married to Jinadatta on 6.04.1974 as per the customs prevailed under the Jain-Community and out of their wed lock, they had a son by name Dharmaraj, who died in the year 1984. Thereafter, the 2nd plaintiff was born to them. The 1st plaintiff was living with late Jinadatta from 1974 to 1980. As her husband had addicted for bad vices, she was driven out of the house in the month of January 1981...
Sri.S.S.Siddappa S/O Sri.SiddappA. Vs. Sri.K.C.Chennakeshappa S/O Chan ...
Court: Karnataka
Decided on: Oct-26-2010
1. This is claimant's appeal seeding enhancement of compensation for the injuries sustained by him in the motor accident.2. For the sake of convenience, the parties would be referred to as they *are referred to in the claim petition.3. The facts in brief are as follows:-It is the case of the petitioner that he was aged about 48 years, an agriculturist by profession. He owns 17.50 acres of land which comprises of coffee plantations and wet lands where he was raising paddy crops. He was earning an income of 79,00,000/- p.a. He was hale and healthy. On 31.5.1998 at about 2.30 p.m. he was sitting as a pillion rider on the motor cycle bearing Reg.No.KA-12-E-5008, opposite to petrol bunk at Shanivarsanthe, at that time, a goods van bearing No.KA-16-5248 driven by its driver in a high speed in a rash and negligent manner came and dashed against the motor cycle on which the petitioner was sitting as a pillion rider. On account of the impact, he sustained injuries which comprised of fractures. ...
Sri Dasappa Achary and ors Vs. Smt. Sathyavathi W/O K.D.Thimmappa Raj
Court: Karnataka
Decided on: Oct-26-2010
1. The appeal coming on for admission is taken up for final disposal having regard to the circumstances of the case.2. The brief facts are as follows:The appellant now represented by his legal representatives was the defendant in the civil suit which was brought by the respondent claiming that there was encroachment to the extent of five cents of land in Sy.No.I04/1C of Mundoo Village and there was also claim for mesne profits and costs of the suit. It was claimed that the plaintiff had purchased the property under a sale deed in the year 1986 and the revenue records stood in her name. The appellant was the owner of the adjacent property in Sy.Nos.41/1 and 41/2. The survey line between these properties was the boundary of the land of the plaintiff and the defendant-appellant. It was complained that the appellant had taken forcible possession of a portion of land in Sy.No. 104/1C to the extent of five cents and the suit was brought. The suit was resisted by the appellant and the trial c...
M S Shankaragulli S/O SangappA. Vs. High Court of Karnataka
Court: Karnataka
Decided on: Oct-26-2010
ORDER J.S.KHEHAR, C.J. (Oral) :1. Learned counsel for the petitioner has narrated the facts leading to the filing of the instant writ petition. J It is sought to be brought to our notice, that the petitioner entered service as Civil Judge (Jr.Dn.)., on 18.02.1987. While in service, on 23.03.2005, he was y issued a charge sheet. He submitted his reply thereto on 16.05.2005. Consequent upon the receipt of his reply, the charge sheet issued to the petitioner was amended on 06.09.2005.2. Despite the pendency of the aforesaid charge sheet and the proceedings in connection therewith, by an order dated 22.05.2006, the petitioner was ordered to compulsorily retire under Rule 285(4) of the Karnataka Civil Service Rules, 1958.3. Despite having compulsorily retired the petitioner, the respondents continued the disciplinary proceedings initiated against the petitioner, based or: the charge sheets dated 23.03.2005/06.09.2005. It is in the aforesaid circumstances, that the petitioner approached this...
Smt. G. Saraswathamma W/O. Late Muniyappa Reddy and anr Vs. Kempanna S ...
Court: Karnataka
Decided on: Oct-26-2010
1. One Muniyappa Reddy has field OS No.44/1997 challenging the compromise decree, in RA 1/87.2. Learned Trial Judge has framed issues, permitted parties to lead evidence. PW1 is examined, Exs.Pl to P37 are marked. DW1 & DW2 are examined, Exs.Dl to D37 are mtirked.3. Learned Trial Judge has dismissed the suit while answering the following issues:POINTSWhether the plaintiffs prove that they are the absolute owners and in possession of the suit schedule property as alleged?ii) Whether the plaintiffs further prove that the compromise decree entered by the defendants including the suit schedule property of the plaintiffs in O.SMo.494/87 and in R.A 1/1987 is a fraudulent decree and it is not binding on the plaintiffs as alleged?in) Whether the plaintiff? Further prove that the defendants have illegally interfered with the lawful possession ever the schedule property as alleged ?iv) Whether the 1 defendant proves that the plaintiffs are estopped from filing this suit by virtue of the proceedi...
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