Karnataka Court November 2010 Judgments
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A.C.Sujatha W/O Basavaraj, Vs. S Ramabai W/O E V.Madhava Rao
Court: Karnataka
Decided on: Nov-03-2010
1. This is defendant's appeal directed against the judgment and decree dated 1.07.2010 made in O.S.No.2524/2002 on the file of XIV Additional City Civil judge, Bangalore City (CCH.No.28).2. The respondents/ plaintiffs filed a suit for declaration, permanent injunction and possession of suit "E' schedule property. After trial, the trial court has decreed the suit declaring that the plaintiffs are the owners of suit B schedule property and directed the defendant to demolish the existing structure over the suit 'B' schedule property and deliver vacant possession within three months from the date of decree. Further, the defendant was restrained from interfering with the plaintiffs' peaceful and enjoyment possession of the suit T3' schedule property.3. The appellant and her counsel, the respondents and their counsel are present before the Court.4. A compromise petition is filed under Order 23 Rule 3 of CPC. As per the terms of the compromise, the respondents/plaintiffs have agreed, to recei...
Doddanavar Brothers Vs. the Deputy Conservator of Forests Karwar Divis ...
Court: Karnataka
Decided on: Nov-03-2010
ORDERJ.S.KHEHAR, C.J. (Oral):1. The petitioner has moved an application desiring to withdraw the instant writ petition. This prayer made at the hands of the petitioner has been opposed by the State Government, by filing a statement of objections.2. During the course of hearing, learned counsel for the respondents invited our attention to the decision rendered in Shivqjiraa Nilangekar Patil vs. Dr.Mahesh Madhav Gascon, and others (AIR 1987 SC 294) and drew our pointed attention to the observations recorded in paragraph 36 thereof. Paragraph 36 relied on by the learned counsel for the respondent is being extracted hereunder;"The allegations made in the petition disclose a lamentable state of affairs in one of the premier universities of India. The petitioner might have moved in his private interest but enquiry into the conduct of the examiners of the Bombay University in one of the highest medical degrees was a matter of public interest. Such state of affairs having been brought to the n...
M/S Gandharva Interiors-planners and Decorators Vs. M/S Bowring Instit ...
Court: Karnataka
Decided on: Nov-03-2010
ORDERRespondent's Advocate is absent.1. Heard the learned counsel for the petitioner and perused the records.2. An agreement came to be entered into between the petitioner and respondent on 1st June 2007 as per Annexure B for executing work of interiors at certain places in Bowring institute. The petitioner is a construction company. According to the petitioner, the work entrusted to the petitioner was completed fully under different work orders, but the payment was not made by respondent fully. According to the petitioner, a sum of more than 5,32,000/- is still due by respondent to the petitioner. The petitioner has issued notices for payment of entire amounts due to him to be paid. But the payments are not made by respondent. The agreement entered into between the parties contains arbitration clause (clause 20 of the agreement). As per said clause, unresolved disputes or differences between the contractor and the employer shall be settled through arbitration as per the Arbitration an...
Kalleswara Yuvaka Sangaha Vs. the Assistant Director District Youth Se ...
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. Heard the learned counsel for the petitioner and Sri. Narendra Prasad learned Government pleader for respondents.2. The order Annexure-K dated 12.4.2010 is called in question in this writ petition. By the said order, the first respondent has cancelled the registration of the petitioner society. The petitioner is a society registered under the Societies Registration Act. Said society is affiliated to first respondent According to the petitioner, the society is promoting sports in rural areas and is coordinating in other cultural activities. It also runs a fair price depot and uses the income of the fair price depot for cultural activities. On 6.1.2010, first respondent sent a notice to Mr. H.T. Range Gowda, the earlier secretary of the society calling upon him for production of records of the petitioner society for verification. Subsequently, an order came to be passed on 29.1.2010 by the first respondent to the effect that the affiliation of the petitioner is cancelled as the p...
Smt. SnehalathA. Vs.
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. The petitioner in the above petition has sought for quashing of proceedings in CC.No.7940/07 pending on the file of the court of the II ACMM.. Bangalore.2. During the pendency of this petition. Learned Counsel for the parties have filed a joint memo dated 23.10.2010 signed by the parties and their respective counsels stating that they have got the entire dispute settled amicably. The Joint Memo is taken on record.3. As per the joint memo petitioner has agreed to pay a sum of Rs.6.50,000/- to the respondents by way of demand draft No.206581 for Rs.6,00.000/- another demand draft No. 206582 for Rs.50.000/- both dated 27.10.2010 drawn on Bank of Baroda. K.G. Road Branch. Bangalore 560 009.4. The parties have also filed another memo dated 3.11.2010 signed by the nephew of the petitioner on behalf of the petitioner and the respondents along with a copy of the memo and order sheet of the trial (Court for having withdrawn the complaint and ^ the respondents have received the demand dr...
Ravishankar S/O Lakshmegowda Vs. the State of Karnataka
Court: Karnataka
Decided on: Nov-03-2010
1. The petitioner is alleged to have abetted commission of suicide of his wife namely Shyiaja.2. Heard the learned counsel for petitioner and the learned Government Pleader for the State. I have taken through the investigation records.3. The marriage of petitioner and the deceased was performed about 10 years prior to the date of occurrence. In the marriage, they have a daughter namely Leelavathi, now aged about 8 years.4. As per the first information given by the father of deceased, after the marriage, petitioner was constantly harassing the deceased and there were several quarrels. The petitioner was advised to mend his behavior however the petitioner did not mend his behavior.5. A few days prior to 27.6.10, petitioner had demanded the deceased to bring Rs.80,000/- from her parents house to enable the petitioner to purchase an Auto rickshaw. The deceased became disgusted with the behavior of petitioner and she jumped from the first floor of the house and committed suicide. As the mar...
VinodA.P.Kumar and ors Vs. A.Shiva Reddy, S/O. Venkata Reddy and ors
Court: Karnataka
Decided on: Nov-03-2010
:1. This appeal by the appellants is directed against the impugned judgment and award dated 30/06/2005 passed in MVC No. 228/1998 by the Prl. Civil Disirict Judge(Sr.Dn) and Motor Accidents Claims Tribunal, Mysore, (hereinafter referred to as 'Tribunal' for short).2. The Tribunal by its judgment and award has awarded a sum of ^5.02.000/- under different heads with interest at 6% per annum from the date of petition till the date of realization, as against the claim of the appellants for a sum of 20,48.663/-. On account of the death of the deceased Sri. Prasanna Kumar, in the road traffic accident.3. In brief, the facts of the case are:The appellant No.1 is the wife, appellant Nos. 2 to 4 are children of the deceased Sri. Prasanna Kumar and they have filed a claim petition before the Tribunal under section 166 of M.V. Act, claiming compensation of 20.48,663/-, on account of the death of the deceased in the road traffic accident, contending that, on 24.2.1997 at about 10.15 p.m., the dece...
K Chaluvaiah Major S/O Lt Kalyanaiah Vs. Sharadamma W/O Narasimhajah
Court: Karnataka
Decided on: Nov-03-2010
1. The appellants are challenging the legality and correctness of the Judgment and decree passed by the Civil Judge, (Sr.Dn.), Ramanagaram, dt.2nd Sept. 2004 in O.S.NO.52/1994. being not satisfied with partial decree granted to them.2. The facts leading to this case are as hereunder:According to the plaint averments, the plaintiffs are the children of 2nd defendant born to his 2nd wife Huchamma. The 1st defendant Sharadamma is the widow of one Narasimhaiah who was the only son of Kalyanaiah, born to his first wife late Puttamma. Kalyanaiah, the 2nd defendant died during the pendency of the suit. After his death his daughters were also brought on record as defendants-2(a) to 2(c). According to the plaint averments. 30 years prior to the institution of the suit their grand father Giriyappa died leaving behind him his three sons, namely Kempadasaiah, Singaraiah and Kalyanaiah. Alter the death of Giriyappa all the joint family properties were divided among his three sons. After the death o...
Sri. S K Ahamad Shah S/O. Sheik Ummer Saheb Vs. Sri Suveshan a V Weave ...
Court: Karnataka
Decided on: Nov-03-2010
1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.2. Heard.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 24-6-05, when the claimant was walking on the extreme side of N.H.17 road at Padanakat, a motor cycle bearing registration No.KL- 14-B-4557 came from behind in a rash and negligent manner and dashed against him. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before the MACT. Dakshina Kannada, Mangalore, seeking compensation of 5,00,000/ . The Tribunal by impugned judgment and award has awarded compensation of 90.000/- with interest at 6% p.a. Aggrieved by the quantum of compensation awarded by the Tribunal the claimant is in appeal seeking enhancement of compensation.5. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer of the offending vehi...
Dundayya Son of Veerayya Gundi Vs. the State of KarnatakA.
Court: Karnataka
Decided on: Nov-03-2010
ORDER1. A case has been registered by the Kerur Police against the petitioners in Crime NO. 123/2010 for offences punishable under Section 80, 81 OF KP ACT AND 143, 147, 148, 336, 342. 323. 324, 504, 506. 109. 353, 307 R/W 149 OF IPC.2. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the case and in fact they were playing cards but not andar-bahar. Since it was a festival day, the people surrounding the village gathered and they were playing cards not for gambling purpose. As it is stated in the compliant itself about 17 police officials on receiving the credible information that the petitioners were gambling went to the spot and gherowed the said assembly and on enquiry, the police came to know about names and address of each one of them who were about 44 persons and two of the said unlawful assembly escaped and brought about 50-60 people to the spot and they were armed with stones, clubs etc. those persons who were arrested were gran...
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