Karnataka Court November 2010 Judgments
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Smt. Yallamma Vs.D.Sriramalu, S/O. Doraswamy.
Court: Karnataka
Decided on: Nov-10-2010
1. This appeal by the claimant is directed against the impugned judgment and award dated 21st February 2005, passed in M.V.C.No.2138/2003, by the IV Additional Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-6), (for short. Tribunal) for enhancement of compensation on the ground that, the compensation of 86,197/-awarded in her favour as against her claim for 204.00 lakhs, is inadequate.2. The appellant claims to be aged about 30 years, by occupation, a vegetable vendor, and earning a sum of 4,000/- per month. She was hale and healthy prior to the date of accident. That at about 2:10 A.M., on 15-12-2002. when the appellant was travelling in a Tempo along with her vegetable goods from Kagganur to Bangalore near Thindly Gate, Sarjapura Hobli, at that time, the driver of the said Tempo bearing No.KA-05/3- 2538 drove the same at high speed, in a rash and negligent mariner and dashed against the appellant, due to which she fell down and sustained injurie...
Sampath Kumar, S/O. Ramanna and ors Vs. Ravish S/O. Rangappa and ors
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. This is a claimants' appeal, seeking enhancement of compensation due to the death of deceased Sri M.S.Hemanthkumar in a motor accident.2. The brief facts necessary for disposal of the above appeal are as follows:The claimants who are the parents and brother of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation in a sum of 721,77,376/- on account of the death of the deceased M.S. Hemanthkumar in the motor accident. It is their case that the deceased was a businessman, dealing in selling of Tea and also doing real estate business. He was earning 710,000/- per month. On the date of accident i.e. on 30.9.2002, at about 7.30 p.m., the deceased was returning to Mysore on his trip from Chickmagalore via Hassan towards Channarayapatna in Tata Sumo bearing No. KA-09/M-5229. When they weefc. Near Baragur Gate near Channarayapaf na on B.M.Road, at that time, a goods van bearing No.KA-13/3435 driven by its driver at a high speed in a rash...
Ms Muthamma Devaya and anr Vs. the Union of India and ors
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. The narration of facts in the present writ petition is heart rendering. The photographs appended to the writ petition have been a cause of deep distress to us. The photographs reveal, the marriage of minor girls, not yet in their teens, to fully grown men. In one of the photographs, the girl has been made to stand on a chair, so that she could garland her tall and fully grown groom. Forced marriage of the girl child, one realizes, is one of the manifestations of cruelty, possibly without any equivalent comparison. It seems that the practice is common place in take part of the world. It may have remained unchecked for a variety of reasons including, poverty, lack of education, culture and ignorance. We are of the view that allowing the civil to continue without redressing it. Would make us a party to the disgraceful activity.2. As a first step, we feel a Core Committee needs to be constituted, which will expose the extent to which the practice is in vogue, it would suggest ways ...
Channakrishnappa S/O Chinnanrasappa, Foster Son of Late Venkataswamap ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. 1st respondent has filed 0 S.4402/1997 in the City Civil Court, Bangalore, against the petitioner and respondents 2 to 27 for the relief of partition and separate possession. The petitioner who is the 27th defendant in the suit has filed written statement.2. The trial of the suit has taken place. After the case was posted for hearing of arguments on the main suit, an application was filed by the petitioner to reopen the case and to issue witness summons to the Tahsildar, Bangalore North Taluk for deposing in the matter. The Trial Court by an order dated 21.9.2010 has dismissed the application. Questioning the said order, the petitioner has filed this writ petition.3. Heard Sri Jayakumar S.Patil, learned Sr.counsel for the petitioner and Sri Shankaralingappa Nagaraj for creator/respondent 10 and perused the writ petition papers.4. Subsequent to the passing of the impugned order, an application had been filed by the petitioner to direct the Tahsildar, Bangalore North Taluk, to pr...
Sri H.GashokappA. S/O Late H.G.Basappa Vs. Sri H. G. Manjunathappa
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. Challenge in this writ petition is to the order dated 07.12.2009 passed by the learned "Civil Judge (Sr.Dn), Harihar. in M.A.No. 16/2009 whereby he has set aside the order of temporary injunction granted by the Trial Court in O.S.No. 116/2009.2. Petitioner is the plaintiff in the Trial Court. He has tiled the suit for permanent injunction in respect of the plaint schedule property bearing Sy. No. 10/3 measuring 2 acres 20 guntas situated at Huluginahcle village, Harihara Taluk. Along with the suit, the petitioner filed an application under Order XXXIX Rules 1 & 2 seeking an order of temporary injunction to restrain the defendant-respondent from interfering with his peaceful possession and enjoyment of the suit schedule property. The same was resisted.3. The Trial Court recorded a prima facie finding based on the partition that had allegedly taken place in the year 1969 between the father of the plaintiff and the father of the defendant and also on the basis of the revenue recor...
Sri K L J a Kiran Babu Vs. the Management of Hewltt Packard Globalsoft ...
Court: Karnataka
Decided on: Nov-10-2010
ORDER1. These three writ petitions are by the party in person and the relief claimed in these petitions arises out of the dismissal of the petitioner from services of the respondent-company. The order of termination dated 30th July 2007 has given raise to the aforesaid petitions being filed by the petitioner.2. W.P.7220/2008 is filed by the petitioner and the relief sought are to direct the respondent tt file objection statement before the Labor Court and also to pronounce the judgment against the respondent-company. In W.P.No. 10816/ 2008, the relief sought is as under:"Wherefore, the petitioner most humbly prays, that this Honble Court may kindly clarify, whether these aforesaid offences are the typical reflections of 'criminal conspiracy' La the light of IPC Section 120A, and well coordiriatsd intentions to cause 'grievous hurt to the already existing bone fracture in the light of IPC Section 322, and 'unlawful compulsion' in the light of IPC Section 374, on an employee more specifi...
Somashekar Son of Basayya Swami and anr. Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-10-2010
ORDER 1. Aggrieved by the judgment and sentence dated 09.03.2010 passed by the Civil Judge (Jr. Dm) & JMFC, Basavakalyan in CC.No.245/2007 convicting the accused and sentencing them to undergo simple imprisonment for a period of one year each and to pay a fine of Rs.3,000/- each and in default to undergo a furtner period of simple imprisonment for three months for the offence punishable under Section 326 read with Section 34 of Indian Penal Code and the judgment of modification of the sentence passed by the Fast Track Court, Basavakalyan, Bidar dated 23.09.2010 by directing each of the accused to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo simple imprisonment for a period of one month, the accused has filed the present revision petition. 2. The case of the prosecution is that the complainant viz., Narshimha Ready S/o Hemareddy is a resident of Mudbi village, having his lands within the limits o...
State of Karnataka Vs. M C Gopi S/ 0 Chikka Muddappa and ors
Court: Karnataka
Decided on: Nov-09-2010
1. This appeal by the State is directed against the judgment dated 4.11.2004 passed by the in Addl. City Civil and Sessions Judge, Bangalore City in SC No.733/2003 acquitting the respondents - accused 1 to 4 of tile charges leveled against them for the offences punishable under Sections 498-A, 304-B of IPC and Section 3 8B 4 of the Dowry Prohibition Act.2. Briefly stated case of the prosecution is as under:The accused No.l M.C. Go pi is the son of accused No.2 Chikkamuddappa and accused No.3 Muniyamma. Accused No 4 Smt. Santa is the married sister of accused No.l. The deceased Manjula was the daughter of PW-3 G.M. Nanjundappa and PW-4 Jayamma. The deceased was given in marriage to A-l and their marriage was solmenised on 6.3.2003. Prior to the marriage, the accused persons demanded dowry in the form of cash and also gold and silver ornaments and after negotiations, the accused received a sum of Rs.5,000/- in cash as dowry apart from gold and striver articles at the time of the marriage...
Mr Rithesh Kulal Vs. Bhaskara Major and anr
Court: Karnataka
Decided on: Nov-09-2010
1. 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 taken 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 09.01.2005, when the claimant was travelling in an auto rickshaw bearing registration No. KA-20-9980 from Baradi at Kanthavara in order to go to his house at Kotebagilu in Prathya Village near Kesharugadde in Beluvai Village, the driver of the said auto drove the same in a rash and negligent manner and caused accident. At:, a result, the claimant sustained injuries. Hence, he filed a claim petition before MACT, D.K.Mangaiorc seeking compensation of Rs. 10,00,000/-. The Tnbunal awarded him a compensation of Rs.89,000/- with interest at 6% p.a,5. As there is no dispute regarding occurrence of accident, negl...
Sri P Ayyappan S/O P Ponnu Pillai Vs. Sri V Srinivasa and anr
Court: Karnataka
Decided on: Nov-09-2010
1. 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 taken 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 8.8.2004, when the claimant was moving on the scooter bearing registration No.KA-05-EB-9298 as pillion rider near Bommasandra Industrial Estate, on NH-7, a mini bus bearing registration No.KA-08-6111 came from Hosur 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, Bangalore seeking compensation of Rs.6,00,000/-. The Tribunal awarded him a compensation of Rs. 1,75,000/- with interest at 6% p.a.5. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer of the off...
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