Karnataka Court November 2010 Judgments
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Srinivas M.R. S/O Late Rangaiah Vs. Mrs. Mahalakshmi W/O Srinivas M.R.
Court: Karnataka
Decided on: Nov-04-2010
ORDER1. The order relating to issuance of fine levy warrant is called in question in this writ petition.2. The petitioner has already approached the Sessions Court, Ramanagar by filing a criminal revision petition questioning the order of maintenance passed by the JMFC, Magadi in CMisc.48/2005. The proceedings have arisen under Section 125 of Cr.P.C. Since the petitioner has already approached the Sessions Court, he may take all these grounds before the Sessions Court, if he so chooses. The petitioner should not have rushed to this Court by filing this writ petition, invoking extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India.Since the petitioner has already availed the appropriate remedy by approaching the Sessions Court, this Court declines to entertain this writ petition.Hence, writ petition rails and accordingly, same is dismissed....
Sri C K Zacharias S/O Sri.C.V.Kochappan Vs. Sri Chipalonkar Ketaki H
Court: Karnataka
Decided on: Nov-04-2010
1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.2. Heard.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 12/3/2007, when the claimant was plying on his motor cycle on 100 feet road, Koramangala, BDA Complex, a car bearing registration No. KA-05-MB-425 came in a rash and negligent manner and dashed against his motor cycle. As a result, he fell down and sustained injuries. Hence, he filed a claim petition before the MACT, seeking compensation of Rs.5,00,000/-. The Tribunal awarded him a compensation of Rs. 1,30,000/- with interest at 7.5% p.a.5. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer of the offending vehicle, the only point that arises for my consideration in the appeal is."Whether the cc mpensano n awarded by the Tribunal is just and reasonable or does it goal for enhancement?"...
Nanjundachari. S/O. Chennachari. Vs. Muniyamina, W/O. Chennachari
Court: Karnataka
Decided on: Nov-04-2010
ORDER1. The appellant has approached this Court challenging the judgment and order of the Civil Judge, Senior Division, Kolar. allowing the appeal of the 21"1 respondent and dismissing the suit filed by the appellant, his father, sister and the 3rd respondent. 2. The facts relevant for the purpose of this appeal are as under:3. I will refer to the parties as per their rank before the Trial Court for the purpose of convenience.The appellant herein is the 2nd plaintiff and respondents 1 and 2 are respectively defendants 1 and 2. The 3rd respondent is the 4th plaintiff in the suit. Plaintiffs 1 to 4 i.e., the first plaintiff being the father of plaintiffs 2 and 3 and husband of defendant No. 1 instituted a suit seeking the relief of declaration that the sale deed executed by the first defendant in favour of the 2nd defendant m respect of the suit property bearing S.No.83/2 measuring 1 acre and 39 guntas situated at Gangapur Village. Malar Taluk is null and void, the cancellation of the sa...
Sri Krishnappa S/O Nanjappa Hindu Vs. Sri.Shivanna
Court: Karnataka
Decided on: Nov-04-2010
ORDER1. In this writ petition, the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 11.11.2009 in OS No. 104/1994 passed by the Prl. Civil Judge (Jr.Dn.) at Magadi, Ramanagaram District dismissing the suit as not maintainable.2. The petitioner filed OS No. 104/1994 against one Shivanna for decree of permanent injunction restraining him from interfering with the petitioner possession and enjoyment of the plaint schedule property. During the pendency of the suit, the defendant Shivanna died on 16.08.1994. Thereafter, the petitioner filed an application under Order 22 Rule 4 CPC to bring the respondents on record as legal representatives of deceased defendant Shivanna. This application filed by the petitioner came to be allowed on 06.02.1996 and plaint was amended. The respondents entered appearance before the Trial Court filed eddjtionfll written statement. The Trial Court on the basis of pleadings framed issue and recorded the evidence on the side of...
State Bank of IndiA. Vs. P.B.Durgannavar
Court: Karnataka
Decided on: Nov-04-2010
J.S.KHEHAR, C.J. (Oral)1. It is not a matter of dispute, that the respondents were earlier in the employment of State Bank of India i.e. is the appellant herein. Whilst, they were in the service of State Bank of India, the appellant-Bank issued a circular dated 29.12.2000 introducing the"State Bank of India Voluntary Retirement Scheme" (hereinafter referred to as Retirement Scheme).2. The aforesaid retirement scheme was available to only such employees who had attained the age of 55 years on or before 31.12.2000. The respondents herein were admittedly born on 1.1.1946. Believing that they had attained the age of 55 years on 31.12.2000, the respondents opted for retirement under the retirement scheme.3. The request made by the petitioners for voluntary retirement, was not acceded to, as the appellant-Bank believed that the petitioners had not attained the age of 55 years, as on 31.12.2000. The petitioners therefore, continued to render service with the appellant-Bank.4. The issue as to...
Bhaskare Gowda S/O. Kale Gowda Vs. the State of Karnataka and ors
Court: Karnataka
Decided on: Nov-04-2010
ORDER1. The petitioners are the teaching and non-teaching staff of Sahakari High School, Holenarasipura, Hassan District, run by the 6th respondent. According to the petitioners, the school was admitted to the salary grant. It is contended that the State Government has failed to release the salary grant w.e.f. November 2009. They have lied two representations at Annexure-M and N both dated 19.7.2010 requesting the 1st respondent to release the salary from November, 2009 and also to appoint a Special Officer to manage the affairs of the aforesaid school. Since the said representations have not been considered, the petitioners have filed these writ petitions seeking the following reliefs:"a) Direct the respondents-1 to 5 to consider the representation dated 19.7.2010 of the petitioners with regard to continuing of payment of salary grant-in-aid payable to the petitioners, b) Direct the respondents to consider the representations preferred on 19.7.2010 vide Annexure-M and N seeking for ap...
Smt. NingammA. Vs. Smt. H.K.Jayanthi and Sri. H.L.Karibasappa and ors
Court: Karnataka
Decided on: Nov-04-2010
ORDER1. The petitioner is the plaintiff, whereas the respondents are the defendant Nos. 1 to 3 in the suit bearing O.S.No.28/2003 seeking the relief of declaration that the sale deed dated 16.04.2001 registered in the office of Sub-Registrar, Somwarpet is an invalid document and is not binding upon the plaintiff and for cancellation of the said sale deed.2. Likewise, the plaintiff also instituted another suit in O.S.No.29/2003. It is the case of the plaintiff that they have never executed sale deed in favour of the defendants at any time in respect of land measuring one acre out of Survey No.76 situated at Gummanakolli Village. Kushalnagar Lobli. Alter the written statements were filed denying the allegations made, the Trial Court framed issues and PW-1 was under examination.3. At this juncture, the defendants filed an application under the provision of Order 6 Rule 17 CPC r/w Sec. 351 of C.P.C. for deletion of the word in Page No. 1. Para No. 1 and 13th Line afterword's "several discu...
Kodandapani Vs. Smt. V. Deepa
Court: Karnataka
Decided on: Nov-04-2010
ORDER1. The order granting of maintenance of 4,000/-per month to the respondent is called in question in this writ petition.2. The records reveal that the petitioner is the husband of the respondent. Relationship is not in dispute. The petitioner herein filed MC.No.412/2009 praying for an order of divorce. In the said petition, the respondent being the wife filed an application under Section 24 of the Hindu Marriage Act, praying for interim maintenance. The Court below has awarded Rs 4000/- per month as interim maintenance in favour of the respondent.This Court does not find any error in the impugned order as the same is just and proper under the facts and circumstances of the case.3. The petitioner's counsel has made available the salary certificate of the petitioner, which reveals that the petitioner's gross salary is 22,095.43 as on June, 2009. We are in November, 2010. As could be seen from the order of the Court below, the gross salary of the petitioner as of now is 30,000/- per m...
Appu Marakala and Neetha D Nayak Vs. Smt. Lilly Cornelio
Court: Karnataka
Decided on: Nov-04-2010
ORDER1. In this writ petition, the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 17.06. 2009 in OS No.234/2003 passed by the II Addi. Civil Judge (Jr.Dn.) & JMFC at Udupi.2. The respondents filed OS No.234/2003 against the petitioner and others seeking declaration of title and permanent injunction. After completion of pleadings, the Trial Court framed as many as 7 issues. Issue No.6 framed by the Trial Court reads as under."Whether the suit is properly valued and Court fee paid is sufficient?"When the petitioners requested the Trial Court to decide issue No.8 as preliminary issue, the Trial Court passed the impugned order to cry issue No.6 with other issues on merits. Hence, this writ petition.3. Heard the arguments of both the side and perused the entire writ papers.4. This Court in the case of Abdul Salam Vs The District Automobile Workers Association, represented by Its Secretary and another reported In ILR 2010 KAR 3028 held that "even assumi...
State by Virajpet Town Police. Vs. S.A.Chand Basna
Court: Karnataka
Decided on: Nov-04-2010
1. This appeal is filed by the State challenging the judgment dated 9.6.2005 passed by the learned Sessions Judge, Kodagu, Madikeri in S.C.No.4/2004 acquitting the respondents 1 to 3 of the offences U/s.302 r/w Sec. 34 IPC.2. The case of the prosecution is that on 2S.9.2003 at about 8.30 pm at Sunkadakatte. V'rajpet, within the limits of Virajpet Town Police, the accused No. 1 was dealing in selling ganja business. The deceased Suresh, CW1 -Prasanth, CW2- Sanju @ Premkumar, CW3 - Santhosh and their friends who are the residents in the area, informed the said activity of the accused to the higher authorities and in that respect, accused 1, 2 and 4 along with juvenile offender - A5 were nurturing grudge against the deceased and the witnesses and therefore, on the date of offence, when the complainant and deceased were going on the road, the accused persons, namely accused No. 1-Chandpasha assaulted with knife to one Sanju - CW2 on his left side rib and abdomen, Accused No.3 has assaulted...
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