Karnataka Court November 2010 Judgments
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V.P. Nayagam. S/O. Velanganni. and anr Vs. Santhosh. Major and ors
Court: Karnataka
Decided on: Nov-10-2010
1. Dissatisfied claimant is in appeal against the judgment and award in MVC NO.7664/2006 dated 19-04-2007 on the file of the MACT, SCCH 6, and Bangalore.2. Heard both sides.3. The appellant sought compensation for pecuniary and nun-pecuniary loss in a sum of Rs.8.00,000/-. In support of such claim, he alleged that on 14-09-2006 at 4.30 a.m. when he was riding TVS Moped bearing No.KA-03-EW/40I9 from ESI Hospital on Indirangar Double Road and when he reached junction of Double Road and CMH road, a goods Tempo bearing No.KA-01-B/6209 driven in a rash and negligent manner came from BMS Circle on CMH road and hit against him. He alleges that the accident was due to rash and negligent driving by its driver. The claim was resisted by the respondents. The Tribunal framed relevant issues and opined that claimant has established the driver of the goods Tempo was rash and negligent. The Tribunal also accepted the evidence of the claimant that he had suffered several injuries and is entitled to co...
Suresh S/O Vasanth Rao Vs. the State of Karnataka and ors.
Court: Karnataka
Decided on: Nov-10-2010
ORDERJ.S.KHEHAR, C.J. (Oral):1. Sri Shant.esh Gureddi, Advocate for the petitioner. Sri R.G.Kolle. Learned Additional Government Advocate for respondent Nos. 1 to 6.2. Learned counsel for the rival parties are agreed, that the present controversy is squarely covered with the judgment rendered by this Court in Golayya vs. The State of Karnataka and others. W.P.No.80817/2009 (GM-MM-S), decided on 02.06.2009.3. In the light of the above, learned counsel for the respondents states, that if the petitioner produces authentic material before respondent Nos.l to 6, showing that royalty was paid in respect of the sand being transported (from a licensed quarry owner), from whom the petitioner had purchased the sand, the respondents would refund the royalty charged from the petitioner.4. Accordingly, the petitioner is granted liberty to produce material before the concerned respondent Nos. 1 to 6, depicting that royalty had already been paid by the licensed quany owner, on the sand which was purc...
Sri Madhava Mudaliar Vs. Mr. C.P.Paul and ors
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. Petitioners are the plaintiffs in O.S.Nos.1617 & 1619 of 2006, pending on the file of Civil Judge (Jr. Divn.) Bangalore Rural District, Bangalore. Respondents are the plaintiffs in O.S.No.387/2006, pending on the file of Prl.Civil Judge (Jr. Divn.,) Bangalore Rural District, Bangalore. All the three suits are for the relief of permanent injunction in respect of the properties described in the schedule of respective plaints and for consequential reliefs.2. The respondents filed I.A No.4 under Order 1 Rule 10(2) CPC to bring the petitioners on record of the suit as defendants No.6 & 7, contending that, they tried to interfere and encroach upon the property belonging to them. The petitioners/proposed defendants 6 & 7 tiled statement of objections dated 26.03.2007. That upon consideration, the trial court having found merit in the application, has allowed the same. Feeling aggrieved, the petitioners have filed this writ petition.3. Heard Sri M.V.Maheswarappa, learned counsel for th...
Sri. Manjunatha and ors Vs. Sri. Maruthi S/O. Shankar Gowda
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal by the claimants is directed against the impugned judgment and award dated 17th November 2004. Passed in M.V.C.No.506/2001, by the Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal, Kundapur, (for short, Tribunal') for enhancement of compensation on the ground that, the compensation of 71,65,500/- awarded in favour of the claimants as against their claim for 76,11,500/-, is inadequate.2. The facts in brief are that, the claimants -appellants herein are none other than the parents of the deceased Late Sri. Dinesh Ganiga. They filed the claim petition initially under Section 166 of the Motor Vehicles Act and thereafter, the same was amended to Section 163-A of the Motor Vehicles Act. They contended that at about 11:30 A.M. on 12-02-2001, when the deceased Dinesh Ganiga was proceeding onhis bicycle from Byndoor towards Uppunda on the left side of the road, near Uppunda Ambagilu, a Tempo bearing Registration No.KA-22/9770, came from Kundapura side in a rash a...
Smt Venkatamma, and Smt Narayanamma and ors. Vs. Principal Secretary t ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. In these writ petitions the petitioners have prayed for a writ in the nature of certiorari to quash the preliminary notification under Section 4(1) of the Land Acquisition Act (for short "the Act') dated 25.9.1986, awards dated 28.1.1989 and 31.1.1989 and notification under Section 16(2) of the Act dated 12/15.4.1991 and 4/5.11.1992 and for other reliefs2. It is the case of the petitioners that they are the owners of bits of lands in different survey numbers situated at Kothihosahalli village and Kodigehalli village and Byatarayanapura village, Yelahanka Hobli, Bangalore South Taluk. For the benefit of fourth respondent - Housing Co-operative society the Government of Karnataka issued a preliminary notification on 4.1.1985 proposing to acquire the lands belonging to the petitioners and others.Subsequently on 25.9.1986 the final notification under Section 6(1) of the Act came to be published. Thereafter, the second respondent passed an award on 3.12.1988 and the same came to be ...
Smt. KrishnammA. Vs. the State of Karnataka
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. The petitioner is arrayed as accused No.3 in C.C.No,37766/2010 pending committal for offences punishable under Sections 366, 302, 201, 403, 404 r/w. 34 of IPC.2. The first accused is the son and second accused is the hits bend of third accused.3. Heard learned Counsel for petitioner and learned Government Pleader for the State and I have been taken through were Sensation records.4. The investigation records would reveal that first accused had fallen in love with deceased Hemavathi and had promised her to marry. By holding such promise, he had sexual intercourse with her. Later, he broke his I promise. On 21.2.2010, Sorts accused brought deceased to his house in Santhosh Estate from Yelachenahalli by proXBOBXDg her to marry, Deceased Hemavathi got down 5. It is the case of the prosecution that accused son In just and also smothered her to death. There after accused Nos.1 and 2 transported the way leading to Amruth nagara and burnt the dead body.6. At who got suspicion against ac...
Sri B K Niranjan Kumar Vs. the State of Karnataka and ors
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. The petitioner herein is impugning the order dated 28.10.2006 passed by the first respondent in Chit Appeal No.CMW/34 CAP/05 vide Annexure - A.2. The brief facts leading to these Writ Petitions are as under:The petitioner herein is the husband of fourth respondent. Fourth respondent borrowed money from the second respondent - Chit Company in the year 1998. The petitioner herein who is an employee of a nationalized bank as well as the fifth respondent is guarantors to the said loan. For non-payment of the loan amount, proceedings were initiated by 2nd respondent before the 3rd respondent, wherein an award was passed for recovery of the same from petitioner and respondents 4 and 5, against which appeals were filed by the petitioner before the 1st respondent appellate authority.3. The grievance of the petitioner is that the appeals pending before the first respondent are disposed of exported without notice to him. It is also his case that when the matter was pending before the fir...
Smt.R.Lalithamma Vs. K.S.Durgaiah, S/O K.Durga Bhovi
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal is by the complainant being aggrieved by the order passed by the Fast Track Court No.V. Tumkur, in Crl.A.No. 112/2007 in acquitting the accused and dismissing the complaint filed by the complainant for the offence punishable under Section 138 of the Negotiable Instruments Act.2. According to the complainant, the accused had borrowed a sum of Rs. 1,00.000/- from the complainant and towards discharge of the said loan, had issued a cheque for Rs. t,00.000/- dated 3.09.2003 drawn on Indian Overseas Bank. Shimoga Branch, which on presentation, came to be returned as 'drawers signature differs from the specimen signature on record". Hence, after issuance of legal notice, the complaint came to be filed. The trial Court, after enquiry, has allowed the complaint and convicted the accused and sentenced him to undergo simple imprisonment for a period of six months and also to pay a fine of Rs. 1,05,000/-. As against the said order, the accused preferred an appeal before 'he Fast Tr...
Nikhtl Kunder S/O Krishnappa Kunder Vs. B. Mahesk Adiga S/O B.R.Adiga
Court: Karnataka
Decided on: Nov-10-2010
JUDGMEST1. The appeal is by the claimant for enhamancement of compensation awarded by tribunal.2. Heard the learned council appearing for the parties. Although the appeal is listed for order under the order list with the consent of the learned council appearing for the parties it M taken up for final disposal.3. For the sake of convenience4 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 accident, negligence and liability of the in...
B.C. Mudde Gowda S/O Late Bore Gowda Vs. the Regional Officer Anthropo ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. The petitioner has sought for a direction to the respondents to fix the fair rent and pay the arrears with effect from 1.1.1985 to 31.12.2001 as per the claim statement vide Annexure-' J1' and ' J2'.2. The records reveal that the petitioner is the landlord of the premises, for which the respondents 1 and z were the tenants. The premises were allotted to respondents 1 and 2 by the Rent Controller. However, fair rent was not fixed. By the time the petitioner tried to get the fair rent fixed, the earlier Karnataka Rent Control Act, 1961, was repealed and consequently the fair rent was not fixed under the provisions of Karnataka Rent Control Act, 1961.However, the petitioner approached this Court by filing Writ Petition No.47619/2003 praying for a direction to the respondents to consider the representation of the petitioner for fixation of the fair rent. This Court disposed of the said writ petition on 19th October 2010 and directed the 3rd respondent herein to fix the fair rent to...
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