Karnataka Court October 2010 Judgments
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Jayakumar, S/O Doddaiah Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Oct-29-2010
1. This appeal is by the accused challenging the order of conviction and sentence passed by the IV Addl. District & Sessions Judge, Mysore, in convicting the accused for the offence punishable under Sections 498(A) and 307 of IPC and sentencing him to undergo rigorous imprisonment for a period of two years for the offence under Section 498(A) of IPC and to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/-, in default to pay the fine, to undergo rigorous imprisonment for two months, for the offence punishable under Section 307 of IPC.2. It is stated, the accused was married to Smt.Parvathi about nine years prior to the incident and they were permanent residents of Matakere of H.D.Kote Taluk. Accused used to suspect her fidelity and whenever she talked with others, he used to doubt her. One year prior to the incident, they were residing separately in a house at Sadashivanakoppalu, Hunsur town, on the advice of the parents of P.W.5 . However, once again accused ...
Sri Syed Saleem Ahmed S/O. K.Syed Jahangir Vs. Sri Mohammad Ali, S/O. ...
Court: Karnataka
Decided on: Oct-29-2010
ORDER1. Respondent instituted O.S.8472/2007 for ejectment against the petitioner, which after contest, was decreed on 24.10.2009. The challenge purforth in RFA 1377/2009 was unsuccessful. Since the appeal was dismissed on 6.1.2010. 2 months' time having been allowed for vacating and handing over the possession of the premises, the petitioner delivered the possession by sending the key by RPAD along with a notice dated 17.4.2010. The respondent having taken delivery of possession of premises, for recovery of the mesne profits/damages, filed E.P.554/2010, wherein the Execution Court has issued a warrant of attachment of movables on 15.7.2010. The petitioner filed an application to recall the order dated 15.7.2010 and the said application having been dismissed, the judgment debtor has filed this writ petition.2. The petitioner was directed to deposit Rs.1.5 lakh by this Court on 23.7.2010. The said amount having been deposited was ordered to be released in favour of the respondent on 26.1...
Sri Rangegowda S/ O Venkategowda Vs. Sri Opahsok Gupta 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 20.05.2003, when the claimant was proceeding in his TVS motorcycle on bypass, D.M.Road, Haaluvagilu cross, a car bearing registration No. KA-05-MB-772 came in a rash and negligent manner and dashed against his vehicle. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before MACT, Hassan seeking compensation of Rs.4,00,0OO/-. The Tribunal awarded him a compensation of Rs.20,000/-with interest at 6%p.a.4. As there is no dispute regarding occurrence of accident, negligence and Liability of the owner 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 enhancement?5. After...
Sri.Chandrashekar.T J. @ Chandru @ Chandra S/O Jayasimha Vs. State of ...
Court: Karnataka
Decided on: Oct-29-2010
ORDER1. The petitioner is arrayed as accused No.4 in Crime No.93/2010 (C.C.NO.35100/2010) registered for the offences punishable under Sections 399 and 402 I.P.C. The Bail application was opposed on the ground that he is involved in several offences. In order to verify the same, the learned Government Advocate was directed to produce the records. The petitioner is shown to be accused in Crime Mo. 184/09 however, in the charge sheet filed in that crime, petitioner is not shown as an accused.2. In this case, it is alleged that the petitioner and others armed with deadly weapons had made preparation to commit robbery/dacoity near Rachenahali Tank at the junction of Srirampuram and Telecom Layout. The investigation is complete and the charge sheet has been submitted. Considering the nature of offence and also having regard to the fact that he is released on Bail.3. In the result, I pass the following:ORDERThe Petition is accepted. Petitioner is released on bail, subject to following condit...
Dr Sri Jachani Rastriya Seva Peeta Vs. Jala Samvardhane Yojana Sangha
Court: Karnataka
Decided on: Oct-29-2010
1. The petitioner entered into agreement dated 01.10.2002 with the respondents for establishing sustainable community based management system for tradmcnal tanks to achieve integrated management of land and water resource in the system and in addressing poverty reduction in the Taluk of Bagepalli. It was agreed between the parties that certain amount will be paid by the respondents to the petitioner for the work done. According to the petitioner, monies payable by the respondents were not paid to him. However, said fact is disputed by the respondents' counsel. Thus, a dispute has arisen between the parties and the same is yet to be resolved.2. The copy of the contract entered into between the parties is produced at Anuexure-B to the writ petition. Clause 8.2 of the contract deals with resolving of dispute through sols arbitrator. Since both the parties did not agree with the name of sole arbitrator, this petition is filed under Section 11(6) of the Arbitration 6 Conciliation Act, 1996....
The Regional Director E. S.i. Corporation and anr Vs. M/S B.S, Applian ...
Court: Karnataka
Decided on: Oct-29-2010
1. The ESI Corporation is challenging the legality and correctness of order of the ESI Court dated 22.02.2007 in ESI Application No.77/2002.2. The respondent No, 1 was the applicant before the ESl Court The said application was filed under Section 75 of the ESI Act, challenging the demand made. by the appellants herein for a sum of Rs.6,29,617/-.3. The main contention of the respondents before the ESI Court was that there was no necessity for the establishment to make such contribution since the amount was disbursed to Mis Anan Properties and Finance Limited. As a matter of fact, in respect of the same, M/s Anan Properties and Finance Limited was also called upon to make the contribution, which was the subject matter of M.F,A.No. 1413/2002 and other connected appeals, The ESI Court lias allowed Hie application of the respondents on the ground that M/s Anan Properties and Finance Limited have made the contribution to ESI was granted to the respondents by allowing the on. Challenging the...
Sri. Chandraiah, S/O. Hanumanthaiah and Smt. SuvarnammA. W/O. Chandrai ...
Court: Karnataka
Decided on: Oct-29-2010
1. This appeal is by the claimants seeking enhancement of compensation.2. For the sake of convenience parties are referred to as they are referred to in the claim petition.3. Brief facts of the case are:That on 12.03.2004 when deceased C. Ramesh was riding motorcycle bearing registration No. KA-14 R-4573 from Shimoga to Buradekatte Village near Ajjampur, a TATA 407 mini lorry bearing registration No. KA-18/4663 came in a rash and negligent manner and dashed against his motorcycle, as a result deceased C. Ramesh sustained grievous injuries and died on the way to hospital. Hence his parents tiled a claim petition before MACT, Kadur seeking compensation of 50,00,000/- and the Tribunal has awarded compensation of 3,37,000/-with interest at 6% p.a.4. As there is no dispute regarding the death of deceased C. Ramesh in the road traffic accident occurred on 28.05.2005 and the liability of the insurance Company, the only point that arise for consideration is:Whether the compensation awarded by ...
K.Guruprasad S/O B.G.Krishnappa Vs. A.Venkataiakshmiah
Court: Karnataka
Decided on: Oct-29-2010
1. This appeal is filed by the complainant by challenging the order of acquittal passed in C.C. No.70/2000 dated 6.4.2006 by the Civil Judge (Jr. Divn.). Sagar.2. The complaint was filed against two accused for the offence punishable under Sections 500. 501(b). 502(b) read with Section 34 of IPC but by order dated 2.4.2004 of the court complaint against accused No.2 returned with a liberty to the complaint to sue before the proper court at Bangalore. Hence, the complaint was registered only with regard to accused No 1 only.3. According to the complainant, the accused is an editor and distributor of 'Hantha' fortnightly paper having its publication all over Karnataka including Sagar. Hosanagar and surrounding villages. It is the complainant's contention that he hails from a respectable agricultural family at Purappemanc village. Hosanagar Taluk and that his father is a retired teacher and noble person and complainant is a holder of B.E. (Mechanical Engineering) degree and was the Presid...
Mohan Krishna Shetty Vs. Dinakar Keshav Shetty and ors
Court: Karnataka
Decided on: Oct-29-2010
ORDER1. Application is filed for amendment of the first issue by deleting the word "not" In the issue framed at SI. No.1.2. It is averred in the application that issue No. 1 deals with the contention of the petitioner regarding not taking into account the valid postal ballot papers and rejecting the postal ballot papers from count without assigning any reasons. However, while framing the issue it is wrongly typed as "Whether the petitioner proves that the Returning Officer has not violated? Wherefore, the word "not" should be deleted.3. The learned senior counsel appearing for the first respondent submits that since the error is typographical the same may be corrected.4. In view of the submission of the counsel appearing for the parties, the application for amendment is allowed. The first issue shall be read after deleting the word "not" as sought for in the application as follows:"(1) Whether the petitioner proves that the Returning Officer has violated the rules of counting as contai...
State-by Sub-inspector Police Vs. Ggbhatt S/O.Gajanana Bhatta
Court: Karnataka
Decided on: Oct-29-2010
1. This appeal is by the State, the complainant in CC.No.475/1997 on the file of the learned JMFC Sagar (hereinafter referred to as the 'Trial Court' lor short). The State has challenged in this appeal the legality and correctness of the Judgment and Order of acquittal dated 04.03.205 passed in the said case acquitting the accused therein (respondent herein) of the offence under Section 408 IPC.2. Stated in brief the case of the prosecution as alleged in the complaint (Ex.P5) dated 05.12.1996 filed by one Sri V.Thippeswamy. the Divisional Officer (Finance) Karnatakr. Power Corporation Limited, Jog, is aa under:(i) Complainant has been working as the Divisional Officer (Finance) in the office of Karnataka Power Corporation Limited. Jog. The accused (Sri G.G.Bhat) has been working as Cashier/Assistant (Accounts) in the same Office. One Sri S.N.Hegde (CW3-PW2) has been working as Assistant Accounts Officer and one Sri K.R.Kottalgi (CW2-PW3) has been working as the Assistant Accounts Offic...
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