Karnataka Court November 2010 Judgments
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Sri. P.M.A.Razak S/O Late P.M.iddinabba Muslim Vs. Johnson Benet S/O G ...
Court: Karnataka
Decided on: Nov-09-2010
ORDER1. In this writ petition, petitioner is cal question the order dated 25.11.2005 passed by the learned II Additional Civil Judge (Jr. Dn.), Mangalore, D.K. dismissing LA.No.2.2. Petitioner is the 5th defendant in the trial Court in O.S.Nc. 169/2004. The said suit is filed by the respondents herein seeking the relief of declaration that the transfer of plaint schedule property as per the documents were invalid and illegal as the same were executed on the basis of letter issued by die 4th defendant-Trust and consequently defendants 1, 2, 3 and 5 were liable to hand over die vacant possession of the plaint schedule property to the 4 defendant-Trust in view of the fact that their lease hold rights had come to and end,3. The 5th defendant, who- claims to be the purchaser of the property from the 4th defendant-Trust has filed the application under Order VH Rule 11(b) and (d) of CPC seeking rejection of the plaint on the ground that the suit was undervalued and that necessary parties i.e....
Sharanapp@ Ballary S/Onagappaa Vs. the State of Karnataka and ors.
Court: Karnataka
Decided on: Nov-09-2010
ORDER1. The petitioner arraigned as accused No. 4 in S.C.No.799/2010 pending trial for offences under Sections 143, 147, 148, 302 read with 149 IPC on the file of the Additional S.J., FTC - X, Bangalore lias sought for bail.2. Heard the learned counsel for petitioner and the learned Government Advocate for the State.3. As per the investigation records. On 01.09.2010 at about 10.00 p.m. when the deceased came out of the Chfljmtndeshwari Hindu Military Hotel, near Hospital Road, accused Nos.l to 5 had formed an unlawful assembly and demanded money iron the deceased. On his failure, accused IJos. 2 to 4 assaulted him. Accused No.l stabbed the deceased with a knife. The deceased was admitted in the hospital. The deceased had suffered eight stab injuries on vital parts. He succumbed to injuries due to septicemia as a result of injuries sustained4. The learned counsel for the petitioner would submit that, accused No.l haft stabbed the deceased. Accused No.4 had assaulted the deceased. In the...
S.V.Raghavendra Rao, Vs. Shekar Shetty
Court: Karnataka
Decided on: Nov-09-2010
1. This appeal is directed against the judgment and decree dated 22/1/2007 in O.S.No.59/1996., passed by the 1 Additional Civil Judge (Sr.Dn.) Mangalore, partly decreeing the suit.2. The appellant is the defendant and respondent is the plaintiff before the Trial Court. In this judgment for convenience, the parties are referred to as per their rank in the Trial Court.3 The plaintiff was the registered owner of the stage carriage bus bearing registration No.KA-19-749 Swaraj Mazda. According to the plaintiff, he purchased the vehicle for a sum of Ra,3,50,000/ -, The plaintiff had borrowed loan from Shri Transport Finance Company for the purpose of purchasing the vehicle in question. The plaintiff was running the bus for some time and gave the same to the defendant on rental basis under an agreement, dated 15/3/1993 as per Ex,Pi. In terms of this agreement as per Ex.PI, the defendant paid a sum of Rs.75,000/- to the plaintiff as interest free refundable deposit. It was also agreed that the...
Sri.N.R.Sridhara Murthy Vs. Sri.Murali.K.S.
Court: Karnataka
Decided on: Nov-09-2010
1. This appeal is by the complainant assailing the order of acquittal of the Respondent - accused passed by the XVI ACMM, Bangalore, in CC No. 10171/2008 dated 02-04-2009.2. The respondent - accused is said to have availed a hand loan of Rs.6.00,000/- from the complainant and towards the discharge of liability, two cheques dated 10-10-2007 for Rs.3,00,000/- each, have been issued by the accused drawn on ICICI Bank Limited, Vijayanagara Branch, Bangalore, in favour of the complainant. On presentation, the cheques came to be dishonored with an endorsement 'Funds insufficient.' After issuing legal notice, a complaint came to be filed. The Trial Court after enquiry, accepting the version of the respondent-accused dismissed the complaint. Hence, this appeal.3. Heard.4. The Trial Court basing on the decision of the Apex Court in Krishna Janardhan Bhat s case and the decision of this Court reported in ILR 2008 KAR.4629 Shivamurthy v. Amrithraj], has opined that there is no presumption availab...
Smt. Vasanthi @ Vasantha W/O Albert Manoraj Vs. Sri. Selvam and ors
Court: Karnataka
Decided on: Nov-09-2010
ORDER1. The order dated 24.4.2010 in C.Mis.128/94 is called in question under Section 115, C.P.C. by the plaintiff.2. Heard. Perused records.3. It reveals that the petitioner herein Med a suit in O.S.2622/84 for declaration of title and for injunction in respect of the residential house claiming he had acquired the same in the year 1974 and then constructed the house. She averred she purchased the property from one Pattu ana since then she has been exercising all rights of ownership. In this regard, she alleged that the respondent herein-Muthu having married Pattu was residing in the said premises for some time and was also living with his first wife at Krishnagiri. His second son-Selvam was living with Pattu. In this manner, it is alleged they were residing in the schedule premises. Alleging that they had attempted to interfere with her possession and disputed her title, she sought declaration. 4. In the suit, summons was ordered to the respondent namely, Muthu. On the basis of a note...
Mr. Aswatha A. S/O. Anjinappa Vs. B S Shivakumar S/O. Siddappa
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 learned Counsel appearing for the parties, it is taken up for final disposal.3. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.4. Brief facts of the case are:That on 27-10-04, when the claimant was travelling in the bus bearing registration No.KA-06-9919 proceeding towards Bittanakurke village, near Thovinakere cross on Tumkur - Madhugiri road, the driver of the bus drove the same in a rash and negligent manner and caused the accident. As a result, the claimant sustained injuries. Hence, lie pied a claim petition before the MACT, Madhugiri. Seeking compensation of . 5.00,000/-. The Tribunal by impugned judgment and award has awarded compensation of 45.600/ with interest at 6% p.a. Aggrieved by the quantum of compensation awarded by the Tribunal the claimant is in appeal s...
Smt Gulseer Vs. Puttaswamy S/O Nanjappa
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 refined to as they are referred to in the claim petition before the Tribunal.4. The brief facts of the case:On 08.03.2005. when the claimant was boarding the bus bearing registration No.KA-09-F-3041 in Hunsur Town to go to Gionikoppa side, near Harinahalli gate, the driver of the said bus drove the same in a rash and negligent manner and caused accident. As a result, the claimant sustained injuries. Hence, she filed a claim petition before MACT, Mysore seeking compensation of Rs.2,35,500/-. The Tribunal awarded her a compensation of Rs.81,000/- with interest at 6% p.a.5. As there is no dispute regarding occurrence of accident, negligence and liability of the KSRTC, the only point that arises for my consideration in ...
United India Insurance Co. Ltd Vs. Smt. Sarojamma
Court: Karnataka
Decided on: Nov-09-2010
1. This appeal by the insurer is directed against the impugned common judgment and award dated 14.02.2007 passed in MVC No.4056/2004 on the file of the Chief Judge, Court of Small Causes, Member, Prl. MACT. Metropolitan area. Bangalore, (hereinafter referred to as the Tribunal for short).2. The brief facts of the case are as follows:-The occurrence of the accident and the resultant death of the deceased are not in dispute. The claimants, who are the wife and son of the deceased, filed the claim petition before the Tribunal against the owner and insurer of the offending claiming compensation. They claimed that on account of the untimely death of the deceased, who was aged about 35 years as on the date of death, an agriculturist and also running g provisional store earning ?20.000/- p.m. He was the sole bread winner in the family and on account of his death, their security, future hopes and aspirations have Deen jeopardised. The Tribunal by its impugned judgment and award, has awarded co...
Soma S/O Late M.Shivaram Vs. State by Bidadi Police Station
Court: Karnataka
Decided on: Nov-09-2010
1. The petitioner is arrayed as accused No. i in Crime No.448/2010 registered for offences punishable under Sections 399. 400. 402 I.P.C.2. I have heard the learned counsel for petitioner and learned Government Pleader for the Stale.3. As per the first information, on 5.8.2010 at about 10.00 a.m., the jurisdictional Police Sub-inspector received credible information that the petitioner and other accused have formed unlawful assembly and waiting in a Eucaliptus plantation near Lakshmi Sagara village, Bidadi Hobli to commit Dacoity. The Police Sub-inspector and other staff visited the said place apprehend them and recovered deadly weapons from their possession. The petitioner possessed an iron long. After the investigation, charge sheet has been submitted. The petitioner does not bear criminal antecedents.3. Considering the nature of offence. registered against petitioner and punishment provided thereon, detention of petitioner during trial would be a measure of punishment.4. Therefore, ...
Sri Joseph Kirari Kumar Vs. Sri T.Subramani and anr
Court: Karnataka
Decided on: Nov-09-2010
ORDER1. This petition is filed complaining that the petitioner's wife Smt Ranjith S Rebecca has been illegally detained by her parents In their house.2. After senesce of notice, the police authorities have entered appearance and the Police Inspector of Mico Layout Police Station has filed an affidavit stating that on receipt of a complaint from the parents of Smt Ranjitha, he made inquiries and that during enquiry it transpired that there was differences of opinion in her family regarding her marriage and she was found in their house and she undertook to voluntarily appear before this Court today.3. The detenue Ranjitha is before us. She submits that on 29.09.2010 she got herself converted to Christianity and on 4.10.2010 she married the petitioner and she wants to live with him. In view of the said submission made by her before this Court, she is free to join the person of her choice as she is a major. No one can compel her to stay with any one against her will, not can she be detaine...
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