Karnataka Court November 2010 Judgments
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Gopikrisnan S/O. R.Balasubramanian Vs. R.A.Anand, S/O. Late S.D.Arutnu ...
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. Respondent has instituted O.S.6761/07 in the City Civil Court, Bangalore, against the petitioner seeking decree of ejectment and consequential reliefs. The plaintiff deposed as PW-1. Since the cross-examination was not made, PW-1 was discharged. The evidence of the defendant / petitioner was also not adduced and hence, the suit was posted for hearing of arguments. Petitioner filed I.As. 4 and 5 for re-opening of the case and recalling of PW-1 for cross-examination. The said applications have been rejected by the Trial Court on 10.8.10. Aggrieved,, the defendant has filed these writ petitions.2. Learned counsel for the respondent / plaintiff has no objection for allowing of the writ petition and the impugned order being quashed subject to the petitioner depositing the rent as was being paid prior to the termination of tenancy i.e., for the period from the date of issue of termination notice till date and the petitioner also being made to pay the costs for causing delay in dispos...
Sri. C.Horakeraiah, S/O Sri. C.ChikkarangappA. Vs. the Karnataka State ...
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. The petitioner is before fin's Court assailing the promotion accorded to respondents 2 to 6 to the post of Deputy General Managers. The petitioner has therefore sought for quashing of the order dated 1.1.2000, which are impugned at Annexure-J to N to the petition.2. Heard the learned Counsel for the parties and perused the petition papers.3. Learned Counsel for the petitioner contended that the petitioner was also entitled to the benefit of promotion to the post of Deputy General Manager along with respondents 2 to 6. Further he contended that. Petitioner was before this Court on earlier occasion in Writ Petition No.8350/2000 with regard to the grievance pertaining to the promotion to the post of Assistant General Manger. It is contended that even before the said writ petition was disposed of, the petitioner had been promoted as Assistant General Manager and therefore, petitioner in any event would be entitled to be considered along with respondents 2 to 6 to be promoted to the...
Sri.Sri.Balayogi Madhumayananda Swamiji Vs. the State of Karnataka
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. The petitioner is arrayed as accused in Crime No. 147/2010, registered for an offence punishable under section 306 IPC.2. I have heard Sri A.B.Patil, learned senior counsel for petitioner and Sri Vijaykumar Majage learned HCGP for State. I have been taken through investigation records.3. As per first information given by one Siddaraju, the petitioner, who is the Swamiji of Vanakallu Malleshwara Kshetra, Sompura Hobli, Nelamangala Taluk, was indulging in some indecent activities and he was bringing ladies to the Math. The deceased Siddhayogananda Swami was the junior swami of said Mutt and he was disgusted with the behaviour of the petitioner, so also the public. The petitioner had scoided the deceased that he was anointed by him and had threatened the deceased dire consequences to his life. On account, of conduct of petitioner, the deceased committed suicide in Vanakallu Malleshwara Kshetra.As against this version of investigation, the petitioner has come up with another versio...
United India Insurance Company Ltd Vs. Papanna, W/O. Munishamappa and ...
Court: Karnataka
Decided on: Nov-11-2010
JUDGEMENTS1. This appeal is filed by the appellant Insurance Company chanengrng the judgment and award dated 06.06.2007 passed in MVC No.6/2003 on the file of the II Additional Civil Judge (Sr.Dn.), Kolar.2. By the impugned judgment and award, the Tribunal has granted compensation of Rs.6,94,000/- with interest at 6% per annum from the date of petition3. The ground taken by the appellant-insurance Company is on the quantum .the Tribunal committed an error in calculating the disability at 100% as against the evidence of PW.2 and also the certificates as per Exs.P.2 to P.5, wherein it has been referred that injured has sustained 82% disability in the right upper limb and 40% disability to the whole body. When there is specific evidence available to the Tribunal, the Tribunal ought to have accepted the evidence of the doctor and relied upon the wound certificate. If it is calculated it would come only to 60% of the disability, then the injured could get compensation only at 60% of his xnc...
Sri. Syed Ulla Sheriff, S/O. M. Sabjan Vs. Smt. Philomina, W/O. Joseph ...
Court: Karnataka
Decided on: Nov-11-2010
1. This appeal is by the claimant 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 09.11.2006 when the claimant was going on TVS-XL bearing registration No.KA-04/K-581 near Ammerahalli water tank on NH 4. The lorry bearing registration No. KA-01-9510 came in a rash and negligent manner and dashed against his TVS XL, as a result he sustained grievous injuries. Hence he filed a claim petition before MACT, Bangalore seeking compensation of 10,00,000/- and the Tribunal has awarded compensation of 1,14,500/- 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 remains for consideration is: Whether the compensation awarded by the Tribunal is just and reasonable or does it call for enhancement?5. After hearing the learned Counsel appearing for the partie...
M/S Cema Builders Vs. Sri Raghavan Gopalkrishra S/O Gopaikrishna
Court: Karnataka
Decided on: Nov-11-2010
JUDGEMENTS1. This appeal is by the Judgment Debtor in Execution Case No.1259/1997 pending on the file of the 19*- Addl. City Civil Judge, Bangalore dated 16.04.2002. The parties will be referred to as per their rank. Respondents 1 and 2 are the decree holders; respondents 3 and 4 are the subsequent purchasers.2. The decree holders had filed the complaint No.112/1995 before the State Consumer Disputes Redressed Commission, Bangalore inter also seeking direction against the Judgment Debtor tor a payment of Ks,5,00,000/ - and interest at the rate of 18% per anuran towards the deficiency of service, and a sum of Rs. 1,00,000/- towards the mental agony and cost. The Judgment Debtor was placed ex parte. The complaint was allowed by the Consumer Forum, by order dated 05.05.1997, directing the judgment debtor to pay the amount as prayed for by the decree holder. It is in pursuance of the saki order, the decree holders filed execution No. 1259/1997, Though number of adjournments were granted, t...
Sri V.Ramanujunappa, S/O. Venkataswamy Vs. C Premraj, Son of Late Cham ...
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. Respondent had instituted O.S.2/07 against the petitioner for recovery of 26,800/- with interest. The suit was decreed on 4.7.07. Petitioner has filed Misc. petition under R 13 of 0 9 CPC to set aside the said decree. In the Misc. petition, an application was filed to stay the execution of the decree passed in O.S.2/07 dated 4.7.07. The Trial Court finding the application to be devoid of merit has dismissed the application. Aggrieved, the petitioner in the Misc. petition has filed this write petition2. Sri Vijay Krishna Bhat, learned counsel appearing for the petitioner firstly contends that, the Court below has committed error in making observation with regard to the lack of merit in the misc. petition and hence, the impugned order is illegal secondly, the execution if were to proceed the writ petition. Petitioner will have to suffer adverse consequence and would lead to multiplicity of proceedings.3. The respondent has filed execution petition to recover the decree amount. An...
Sri K.G.Ranga Swamy, S/O Sri K.H.Gangappa Vs. the Managing Director. K ...
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. The petitioners arc the legal representatives of deceased K.G.Rangaswamy and they call in question the award of the Labor Court, which led to the dismissal of the industrial dispute raised by the deceased workman.2. The brief facts are that, deceased Rangaswamy was working as a conductor with the respondent-KSRTC and he was issued with articles of charge alleging that on 2.3.1999, while checking was done on the route Coimbatore to Bangalore in respect of vehicle No. F-6249 in which the deceased was the conductor, it was not noticed that in respect of one passenger who travelled from Coimbatore to Mysore, no ticket was issued to him nor was any fare collected from the said passenger. The deceased conductor denied the charge and this led to an enquiry being ordered and the report of the enquiry officer was accepted by the Corporation and the effect was that deceased Rangaswamy was dismissed from service by the order dated 3.3.2004.3. Rangaswamy raised industrial dispute under Sec...
Nikhil Kunder S/O Krishnappa Kunder Vs. B. Makesh Adiga and United Ind ...
Court: Karnataka
Decided on: Nov-11-2010
JUDGMEBT1. This appealed is by the climate enactment of compensation awarded by a Tribunal.2. Heard, the learned counsel appearing for the parries. Mthougfa toe appeal is listed for orders under the orders list with the consent of tried learned counsel appearing for the Parties. It is taken up for final disposal.3. For the sake of conveniences the parties are referred to as they are referred to in the claim petition before the Tribunal,4. The brief facts of the case:On 05.08,2004, when the claimant was standing by the side of road near MJC bus-stop a Tempo-trax bearing registration No,KA,20-A-4279 came from Udupi side 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 the MACT, Udupi seeking compensation of Rs. 10,00,000/-, The Tribunal awarded him a compensation of Rs. 1,24,771/- with interest at 6% p.a.5. As there is no dispute regarding occurrence of liability of the insurer of only point t...
Sri G.Krishnan. S/O Late Thirupathi Vs. the State of Karnataka
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. Petitioner is arrayed as accused in Crime No.213/2010 registered for offense under Section 376 IPC.2. I have heard learned counsel for the petitioner and learned Government Advocate and I have been taken through the investigation records.3. Petitioner was working as General Manager of Security Department of M/s Rajesh Exports. The first informant was working as a security guard. The victim (mentally retarded girl) is closely related to the first informant. The first informant had brought the victim to take care of his child.4. On 25.8.2010, when the first informant and his wife were away from their house, when they returned back at 9.00 PM, found that the door was bolted from inside. When the first informant pepped through the window he saw the petitioner was having intercourse with the victim (mentally retarded girl). When they opened the door forcibly, they found that the victim was gagged. They removed the cloth from the victim's mouth; she informed that the petitioner had s...
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