Karnataka Court November 2010 Judgments
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Meenakshi W/O Late Y.K.Ganesha and ors Vs. Bikhandar S/0 Nazeer and or ...
Court: Karnataka
Decided on: Nov-10-2010
JUDGEMENTS1. 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 the learned counsel appearing for the parties, it is token up for final disposal.3. For the sake of convenience, 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 17.03.2006, when the deceased Y.K.Ganesha, was returning to his house on the motorcycle of one Sri Niranjan as a pillion rider, near Kudu Mangalore, a lorry bearing registration No.KA-12-4551 came in a rash and negligent manner and dashed against their vehicle. As a result, he fell down sustained grievous mjuris and died on the spot. Hence, his wife and daughter filed a claim petition before the MACT, Hassan seeking compensation of Rs. 17.00,000/-. The Tribunal awarded them a compensation of Ra.3,87,000/ - with interest at 6% p.a.5. As there is no dispute regarding death of the deceased in a roa...
Smt.Puttanamma, Vs. Srirudraiah. S/O. Byraiah and ors.
Court: Karnataka
Decided on: Nov-10-2010
:1. This appeal by the claimants is arising out of the same judgment and award dated 20/03/2003 passed in MVC No. 1300/2001 (Old No. 1095/1997) on the file of the Prl Civil Judge (Sr.Dn.) & Additional MACT, Hassan, (hereinafter referred to as Tribunal' for short).2. The Tribunal by its judgment and award, has awarded a sum of \ 2,40.000/- with interest at 6% p.a., from the date of petition till the date of realization as against the claim made by the claimants for a sum of 6,00,000/-. on account of the death of the deceased Sri. Nagaraju in the toad traffic accident.3. in brief, the facts of the case are:The claimant No. 1 is the wife, claimant Nos. 2 and 3 are children and claimant No.4 and 5 are the parents of the deceased Sri. Nagaraju and they have filed a claim petition before the Tribunal under section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident that occurred on 23.10.1996 at about 3.30 p.m. ...
Sri. Lingappa Gowda Vs. Sri. R. Parahiva Gowda
Court: Karnataka
Decided on: Nov-10-2010
1. The matter arises from the final decree proceedings.2. The suit is filed for partition of the plaint schedule properties by the first respondent as against the appellant as well as respondents 2 & 3.3. On contest, the said suit has been decreed and preliminary decree has been drawn up and final decree proceedings are initiated. In the final decree proceedings the suit schedule properties have been divided and the valuation given by the Commissioner in his report would disclose that the value of the property, which is allotted to the appellant herein, is much more than the properties allotted to respondents 2 & 3.4. The grievance of the appellant is that no reasons are given by the learned Trial Judge for accepting the report of the Commissioner or for that matter, rejecting the standard valuation given by the Sub-Registrar.5. We find that the learned Trial Judge has taken into consideration the nature of the land inasmuch as the property, which is allotted to the appellant, would c...
Mr. S P Nagpal Vs. Mr. G Ranganna
Court: Karnataka
Decided on: Nov-10-2010
1. This k defendant's appeal directed against the judgment and decree dated 16.8.2010 passed in O.S.No.465/2005 on the file of the XX Additional City Civil & Sessions Judge at Bangalore City. By the impugned judgment, the appellant/ defendant were directed to vacate and handover the vacant possession of the suit schedule property in favour of the plaintiff within three months. Further, it has held that the plaintiff is entitled to damages @ T 2,000/- p.m. from 24.7.2004 till 30.7,2009 and 7,000/- p.m. from 30.7.2009 till the defendant delivers vacant possession of the suit schedule properly.2. Learned counsel for the appellant after addressing arguments at length, filed a compromise petition under Order 23 Rule 3 of CPC. The appellant/ defendant and the respondent/plaintiff are present before the Court with their counsel on record. The contents of the compromise petition are read over and explained to the parties. They admit and accept the terms of the compromise.3. Learned counsel ibr...
Yallabhovi S/O Kollabhovi Vs. Karnataka State Road Transport Corporati ...
Court: Karnataka
Decided on: Nov-10-2010
J.S.KHEHAR, C.J. (Oral):1. The appellant herein approached this Court by filing W.P.No.7155/2009, seeking appointment on the basis of a Circular bearing No.KaRASA:Keka:KaE:KiSa-2:97-98 dated 04.11.1997 issued by the Karnataka State Road Transport Corporation, Central Office, Bangalore. Proper English translation thereof has been filed in Court today, along with the memo dated 10.11.2010. A perusal of the aforesaid circular dated 04.1 1.1997 reveals, that the following conditions were specified as preconditions for consideration:-'1. As per circular dated 2.8.1994, any daily wage laborers working and whose services were stopped due to unauthorized absence, arc given one final opportunity upon considering their memo to re-continue them as daily wage Conductor.2 Daily wage Conductor in the Corporation rendering 240 days of service from the date of working and not involved in more than 3 red mark cases, such daily wage conductor giving one final opportunity to continue as daily wage conduc...
The New India Assurance Co. Ltd. Vs. Mrs. Zohara, Major and ors
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal is filed by the appellant - Insurance Company challenging the judgment and award dated 01.07.2008 passed in MVC No. 1950/2006 on the file of the I Additional District Judge, Dakshina Raimada, and Mangalore.2. By the impugned judgment and award, the Tribunal has granted compensation of Rs.,10,000/ -with interest at 6% per annum from the date of petition till realization.3. It is contended that the income of the deceased is taken at Rs.5,000/-p.m. for which the claimants: have not produced any material The claimants haw stated that the deceased was earning Rs. 10,000/- p.m. without producing any evidence. The Tribunal has committed an error by taking into the account the age of the dependants and considering the income of the deceased at Rs.5,000/- per month. Though the tribunal has taken the age of the deceased as 56 years but appropriate multiplier has not been taken. Hence, the learned counsel submits to allow this appeal.4. I have heard the learned counsel for the appe...
K.N. Thimmegowda S/O Nanjundegowda and ors Vs. the Chief Secretary Gov ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. Petitioners have sought for a direction to respondents not to dispossess them from occupied premises situated at Raghavendra Colony, Beeranahally Kere Angala, Sathyamangala Grama Panchayat, Hassan Taluk, as per their allotted Hakku Patras granted by competent authorities. Certain other consequential reliefs are also sought for.2. According to the petitioners, they were allotted housing sites under Ashraya Scheme from the Government of Karnataka, at Beeranahally Kere Angala, Sathyamangala Grama Panchayat, Hassan Taluk Since the date of allotment, they have put up asbestos sheet houses and have been living there ; that Respondents 3 to 7 are unnecessarily interfering with their possession of the property and hence these writ petitions are filed. Petitioners are relying upon the alleged Hakku Patras as per Annexures-A and B said to have been received from Boovanahalli Mandal Panchayat. The name of the first petitioner finds place in Annexure-A. Annexure-B pertains to the name of p...
Sri T.Vijayakumar. S/O H.Thippa Reddy and Sri V.Praveen, S/O Late St.V ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. In both these writ petitions, common orders passed by the Assistant Commissioner. Bangalore North Sub-Division. Bangalore, affirmed by the Special Deputy Commissioner, Bangalore Urban District, Bangalore, are challenged.2. Petitioners in both these writ petitions are making common grievance. As the facts leading to these two writ petitions and the questions raised are one and the same and the respondents are also common in both these writ petitions, they are clubbed, heard together and are disposed of by this common order.3. The dispute pertains to 20 guntas of land comprised in Sy. No. 122/3 (Old Sy. No. 122) situated at Kundalahalli village. K.R.Puram Hobli. Bangalore East Taluk. The Tahsildar, Bangalore East Taluk affected mutation entry bearing M.R.Nos.5/2006-07 & 12/2006-07. both in respect of land bearing Sy. No. 122/3 measuring 20 guntas, based on the registered sale deed dated 07.04.2006 executed by the father of respondent Nos.4 & 5. These mutation entries came to be c...
Managing Director Hanbal Mini Hydro Power Pvt. Ltd. Vs. M/S. Corporati ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. The possession notice issued under Section 13(4) of the SARFAESI Act, 2002 is called in question in these writ petitions.2. The petitioners have an alternative and efficacious statutory remedy of appeal under Section 17 of the SARFAESI Act. In view of the availability of alternative and efficacious remedy, this Court declines to entertain these writ petitions.3. It is brought to the notice of this Court by the learned counsel appearing for the respondent- Bank that the bank has taken symbolic possession of the property. If it is so, the actual possession of the property need not be taken for a period of six weeks from today, subject to the petitioners depositing a sum of 10,00,000/- (Rupees ten lakhs only) with the respondent-bank, within six weeks from today. It is open for the petitioners to approach the Debt Recovery Appellate Tribunal under Section 17 of the SARFAESI Act, within four weeks from today.Writ petitions are dismissed with liberty to the petitioners to approach t...
Mr. Tejraj, Son of Sri Babuthmal Vs. the Chemmanur Traders
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. Respondent has instituted O.S.15742/99 against the petitioner in the City Civil Court, Bangalore, for the relief of declaration and permanent injunction in respect of the property described in the schedule of the plaint. The petitioner by filing written statement has contested the cabin of the plaintiff to the property as described in the schedule of the plaint. Issues having been framed, trial has taken place. Incidentally, the petitioner has also filed O.S.2321/2000 against Chemmanur Extracts Pvt. Ltd. - a sister concern of the respondent and the relief prayed is possession of aft alleged encroached area. Both the suits have been consolidated and common trial has taken place. The petitioner filed I.A.16 in O.S.15742/89 seeking appointment of a Court Commissioner to conduct local inspection and to submit the report. I.A. 16 having been disallowed, the defendant in O.S.15742/89 has filed this writ petition.2. Perused the writ petition papers.3. Learned counsel appearing for the...
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