Karnataka Court November 2010 Judgments
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Mr Balakrishna S/O. Sidde Gowda and anr. Vs. Mr. M Prakash Rao. and an ...
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal is by the claimants seeking enhancement of compensation.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 tile sake of convenience parties are referred to as they are referred to in the claim petition.4. Brief facts of the case are:That on 05.08.2006 when deceased Keshava was walking on the left side of Dabaspet, NH 207 road, near awarded compensation of 6% p.a. Kathi Hosahalli bus stop, Doddababelavangala Hobli a bus bearing registration No.KA-01-A-5745 came in a rash and negligent manner and dashed against the deceased, as a result deceased sustained grievous injuries and later succumbed io injuries. His parents filed a claim petition before MACT, Bangalore seeking compensation of 10,00,000/- and the Tribunal has .2.64,000/- with interest at5. Deceased Keshava was aged about 22 years at the time of his death in the accident as evident from post mortem report Ex P 7. The claimants ...
Sri.Govinda Reddy Vs. Sri Akram and the Adyaxsha Horamavu Agara Villag ...
Court: Karnataka
Decided on: Nov-10-2010
JUDGEMENT1. This is a plaintiff's appeal against the judgment and decree dated 6.2.2006 in O.S.No.839/1996 on the file of the XI Addl. City Civil Judge at Bangalore.2. For the convenience, parties will be referred as per their ranJang in the Trial Court.3. The suit is one for permanent injunction restraining the defendants or his agents from interfering with the possession of the properly. The case of the plaintiff is that he purchased land bearing Sy.No,lll/4 measuring 20 guntas situated at Horamau village, K.R.Puram Hobli, Bangalore South Taluk under a registered sale deed dated 27,5.1971 from one Muiifflwamappa. He was put in possession on the date of the sale.However, he noticed that there was typographical mistake as regard to the survey number He sought for rectification of the sale deed. Hie same was rectified by rectification deed dated -1.5.1993 end %o...
Smt Susheelamma and ors Vs. the State of Karnataka and ors.
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. In this writ petition the petitioners have prayed for a writ in the nature of certiorari to quash the preliminary notification dated 05.05.1985 issued under Section 4(1) of the Land Acquisition Act (for short 'the Act") and published in the Karnataka Gazette on 12.05.2008 as per Annexure-E and the final notification dated 22.03.1989 issued under Section 6(1) of the Act And published in Karnataka Gazette on 20.04.1989 as per Annexure-F and the possession notification dated 09.07.1998 issued under Section 16(2) of the Act as per Annexure-M.2. Petitioners arc the owners of land in Sy.No. 143/1 measuring 9 Acres and Sy.No. 143/2 measuring 3 Acres 23 Guntas situated at Hercrnlli /illage, Yashwanthapura Hobli, Bangalore North Taluk. The second respondent issued a preliminary notification on 05.05.1985 proposing to acquire the lands belonging to the petitioners and others for the benefit of fourth respondent -House Building Co-operative Society. The predecessors in title of the petiti...
Shri. Guruswamy S/O Late M.Basavaiah Vs. Smt. Nagarathnamma and ors
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. Plaintiff has fifed this writ petition, questioning the order passed by the Trial Court, declining to issue notice on LA.No.9 to the proposed defendants in the LA. Said order came to be passed keeping in view the direction issued in W.P.No.8166/2010 on 23.09.2010, for expeditious disposal of the suit.2. Irsdispuledry, steps had been taken by the plaintiff, for issue of notice to the proposed defendants, i.e., on the date the impugned order was passed.3. In order to expedite the proceedings, the Trial Court ought to have ordered the plaintiff to obtain hand summons and affect service on the proposed defendants. Without taking recourse of such course of action, the impugned order passed, is irrational, in the result, the impugned order stands quashed writ petitioner stands allowed. The petitioner to obtain hand summons to the proposed defendants i.e., in terms of I.A.No.9 and complete the service before 18.11.2010 and file acknowledgments of service in the Trial Court on 22.11.20...
P Suresh. S/O. Late Ramarao Vs. the State of Karnataka and Sri. V. Sri ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. The petitioner in the above petition has sought for quashing of proceedings in Crime No 207/09 of Silver Jubilee Park Police Station, pending on the file of IV ACMM, Bangalore city, Bangalore.2. Facts leading to the case arc:On 08-10-09 the second respondent lodged a complaint against the petitioner with the first respondent - police stating that the petitioner while working as a Manager with their firm M/s. Unnati Projects Ltd. had taken away the original documents relating to 12 guntas of land in Sy.No. 176/2 of Kodigehalli, Yelahanka Hobli, Bangalore North taluk, hereinafter referred to as land and remained absent from duty and requested the Police to call him to Police Station and ask him to hand over the documents to them.3. The first respondent - Police registering the complaint as C.Misc. No. 167/09 served a notice on the wife of the petitioner asking her to in form tier husband to contact them. The petitioner apprehending his arrest by the fir.st respondent - Police, mo...
The Oriental Insurance Co. Ltd. Vs. Smt.Pramila Wife of Srinivas.
Court: Karnataka
Decided on: Nov-10-2010
1. The claim was made by the mother of the deceased in MVC No. 5671/2006 on the file of the Motor Accidents Claims Tribunal. Bangalore, which resulted in awarding the compensation in favour of the claimant. The same has been challenged by the Insurance Company-appellant on the ground that the Tribunal has committed error in awarding the compensation.2. The specific grounds taken by the Insurance Company is that the son of the claimant met with an accident and in a self accident he died. Therefore, the insurance company can not be made liable. The claim petition filed under Section 163- A of the MV Act and it has been stated that on 14.02.2006 the deceased was riding a vehicle bearing No.KA-04-ED/5211 and while in an attempt to avoid one cyclist which came in wrong direction, he could not control his vehicle, which resulted in the accident and his death.3. Relying on the statement of the complainant wherein it is admitted by the claimant that there is contributory negligence and further...
Sri. Syed Usman Vs. Sri. T.Umashankar and ors.
Court: Karnataka
Decided on: Nov-10-2010
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 18.5.2006, when the claimant was riding his scooter bearing Registration No.KA-14-E/2607 on theBypass read near Nanjappa Layout of Shimoga, a mini lorry bearing registration No.KA-18-9301 came in a rash and negligent manner and dashed against the scooter. As a result, the claimant sustained injuries. Hence, he filed a claim petition before MACT, Shimoga seeking compensation of Rs.2,80,000/-. The Tribunal awarded him a compensation of Rs.54,131/-with interest at 6% p,a.4. As there is no dispute regarding occurrence of accident, negligence end 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 doss it ca...
The Commissioner of Income-tax and ors Vs. Samsung Electronics Co. Ltd ...
Court: Karnataka
Decided on: Nov-10-2010
JUDGEMENTThe Substantial question of law in this appeal is as under:1. Whether the Tribunal was correct in holding that an appeal was maintainable u/s.248 of the Act, even though there was no adjudication by the Authorities under the Act in accordance with Section 195(3), (4) & 5) road with Section 200 of the Act?2. The substantial question of law arising in this appeal is held against the Revenue in ITA No. 1/2008 based on the decision in the case of Commissioner of Income Tax and others v. Samsung electronics Company Ltd., & Ors., ( 2010) 320 ITR 209. By virtue of the said decision it was held that the appeal filed under section 248 of the Income Tax Act is maintainable and therefore the appeal filed by the assessed under section 248 of the Act is maintainable and held against the Revenue. In view of the same, substantial question of law formulated in this appeal is answered against the Revenue.3. Consequently confirming the order of the Tribunal we direct the appeal filed before the...
Siddaraju @ Kulla S/O Ninganaika Vs. State by Chamarajanagar (Rural ) ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. The petitioner is arrayed as accused No.2 in Crime No.79/2010 registered for offences punishable under Sections 341, 323, 324 and 307 r/w.34 IPC. He has sought for anticipatory bail.2. I have heard learned Counsel for petitioner and learned Government Pleader for the State.3. As per the statement of the injured namely M.Shivanna, on 26.5,2010 at about 8.30 p.m. when he was going in front of his house accused wrongfully restrained him. Abused him in vulgar language and assaulted him. Siddaraju % KuJla - the petitioner, assaulted on the head of injured with a chopper. At the first instance, petitioner was treated in the Government Hospital at Chamarajanagar, thereafter he was treated in a hospital at Mysore. The wound certificate reveals that injured had suffered grievous injuries on his head. He had also suffered cerebral contusion and fracture transverse process of left vertebra. There is prima facie case against the petitioner for an offence under Section 307 IPC. Therefore, h...
Nayana J. S. D/O. Shiashankaraiah Vs. Sri. Pradeep S. C, and the Manag ...
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal is by the claimant seeking enhancement of compensation awarded by the Tribunal.2. For the sake of convenience parties are referred to as they are referred to in trie claim petition.3. Brief facts of the case arc:That on 14.08.2004 when the claimant was travelling as a pillion rider on a motor bike bearing registration No.KA-05-EE-5050 on Sanjay Nagar Main road, in front of Sheeba Furnitures, a Maruti car bearing registration No. KA.01-P-2634 came from opposite side in a rash and negligent manner and dashed against the motorbike as a result the claimant sustained grievous injuries. Hence he filed a claim petition before MACT, Bangalore seeking compensation of 6,00,000/- and the Tribunal has awarded compensation of 2,70,000/- with interest at 6% p.a.4. As there is no dispute regarding occurrence of the 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 ...
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