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Karnataka Court November 2010 Judgments

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Nov 03 2010

irappa S/O Mallappa and ors 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 ACr 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 complaint 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...


Nov 03 2010

R.Poovazahi. and ors Vs. the Managing Director. Karnataka State Road a ...

Court: Karnataka

Decided on: Nov-03-2010

1. These two appeals by the Corporation and the claimants are arising out of the same judgment and award dated 25/05/2005 passed in MVC No.793/2000 on the file of the Member, Motor Accident Claims Tribunal, Mayo Hall Unit, Bangalore, (SCCH-20), (hereinafter referred to as ' Tribunal' tor short).2. The Tribunal by its judgment and award, has awarded a sum of 10,02,000/- with interest at 6% p.a., from 6.11.2001 to till its payment as against the claim made by the claimants for a sum of ?l,51,54,466/-on account of the death of the deceased K.Kumaresan, in the road traffic accident. 3. In brief, the facts of the case are:The claimant No. 1 is the wife and claimant No. 2 is the minor daughter of the deceased Sri. K. Kumaresan and they have filed a claim petition before the Tribunal under section 166 of M.V.Act, claiming compensation against the Corporation and others, on account of the death of the deceased in the road traffic accident, contending that occurred, at about 1.15 p.m.. on 9.7.1...


Nov 03 2010

Vishalakshi W/O Devaraya Vs. Manje Gowda

Court: Karnataka

Decided on: Nov-03-2010

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 15.11.2006, when the claimant was walking on the left side of Mysore road, near Hosakkerehalli cross, from west to east, a scooter bearing registrationNO.KA-02-R/9841 came in a rash and negligent manner and dashed against him. As a result, he fell down and sustained injuries. Hence, he filed a chum petition before MACT, Bangalore seeking compensation of Rs.5,00,000/-. The Tribunal awarded him a compensation of Rs.63,000/- with interest at 6% p.a.5. As there is no dispute regarding occurrence of accident, negligence and liability of the insurer of the offending vehicle, the only point that arises for my co...


Nov 03 2010

D Ravindra S/O. Beema Rao Vs. the Oriental Insurance Co. Ltd.

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 14-6-06. When the claimant was riding Kinetic Honda in East End circle, Bangalore, lorry bearing registration No.CAS-1562 came at high speed in a rash and negligent manner and dashed against his Kinetic Honda. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Bangalore, seeking compensation of 6,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of .2 20,000/-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 vehicle, the only poin...


Nov 02 2010

State of Karnataka Vs. Ramesh, S/O Mahadevappa and ors

Court: Karnataka

Decided on: Nov-02-2010

1. This appeal is filed by the State challenging the judgment dated 21.02.2004 passed by the PrL Sessions Judge, Mysore in S.C. No.298/2000 acquitting the respondents of the offences punishable under Sections 366, 376 and 302 read with Section 34 of IPC.2. Parties are referred in this appeal according to their ranking in the trial Court.3. It is the case of the prosecution that on 21.04.2000 at about 7.00 p.m., the accused kidnapped Heena @ Heena Kowsar, aged about 9 years from Shanthinagar, Mysore with an indention to commit tape on her and thereby they are alleged to have committed offence under Section366 IPC. Secondly, on the said date, place and time, the accesed took Heena in an Auto rickshaw bearing No.KA-05-vA-8o to a land bearing Sy.No.57 of Vajamangala Village and at about 8.30 p.m., all the accused committed rape on her, thereby they are alleged to have committed cflknce under Section 376 IPC. It is further charge against the accused that on 21.04.2000; after kidnapping Heen...


Nov 02 2010

Sri B M Nagappa S/O Late Manjaiah Pateel Vs. B a Shashikanth S/O B M A ...

Court: Karnataka

Decided on: Nov-02-2010

ORDER1. This revision under section 115 of CPC is directed against the order in M.A. No. 24/2008 on the file of the I Addl Senior Civil Judge & CJ.M. at Shivamogga dated 28.09.2010 Fay which the order passed by the trial court Dated 12.06.2008 in O.S.477/2006 declined to grant ad interim order of injunction against the defendants under Order 39 rule 1 and 2 has been reversed. By the impugned order, the appellate court has allowed LA. Filed under Order 39 rule 1 and 2 of CPC granting ad interim order against the petitioners. The order impugned therefore is an order granting ad interim order for injunction which is an interlocutory in nature. The question is whether revision under section 115 of CPC against such an interlocutory order is maintainable.2. Sri.HKantha Raja, learned counsel appearing for the petitioners submit that the order impugned is a final order disposing of the appeal and hence, the bar in exercise of revisional power by the High Court incorporated under Section 151 of...


Nov 02 2010

Smt. Ningamma and ors Vs. Smt. Sundaramma W/O S Suresh

Court: Karnataka

Decided on: Nov-02-2010

1. Through this appeal IS posted for orders with the consent of learned Counsel for both sides, this matter is taken up for disposal.2. This appeal arises out of impugned judgment and award dated 26.02.2004 passed in MVC No.5168/2002 on the file of the XIU Additional Judge 8B Member, MACT, Court of Small Causes, Bangalore (SCCH-15} (hereinafter referred to as Tribunal' for brevity) The Tribunal by its impugned judgment and award awarded a sura of Rs.2,90,000/- with interest at 8% pa. from the date of petition till the date of deposit on account of the death of Sri Swamy Gowda. Being aggrieved by the quantum of compensation awarded by the tribunal towards loss of love and affection, loss of estate and towards transportation and funeral expenses, the claimants felt necessitated to present this appeal for enhancement.3. Brief facts of the case are: Appellant Nos.1, 2 and 3 are respectively the wife, son and minor daughter of the deceased. The appellants contended that deceased Swamy Gowda...


Nov 02 2010

National Insurance Co. Ltd. Vs. A.R.Raju, and ors

Court: Karnataka

Decided on: Nov-02-2010

1. This appeal is directed against the order dated 30.07.2005 passed by the Labor Officer and Commissioner for Workmen. Bangalore Sub-division-4, Bangalore in case WCA/BEM-4/FC/CR No.43 of 2002.2. The respondent Nos. 1 and 2 are the parents of one Manjunath. Manjunath had died in a motor vehicle accident occurred on 16.2.2002. He was aged 24 years at the time of the accident. The Commissioner awarded a total compensation ofRs.4,36,940/- with interest at 12% p.a. The appellant-Insurance Company has challenged the said order on the ground that the compensation awarded by the Commissioner is excessive.3. Sri O.Mahesh, learned Advocate appearing for the appellant would contend that the assessment of the wages of the deceased by the Commissioner at Rs.4.000/- per month is excessive. It is argued that the claimants have not established that the deceased was earning Rs.4,000/- per month at the time of accident.4. On the other hand, learned Advocate appearing for respondent Nos. 1 and 2 has s...


Nov 02 2010

Sri Late J S Narayana, S/O Late Sonnappa, Vs. Smt. Muniyellamma, and o ...

Court: Karnataka

Decided on: Nov-02-2010

1. This is plaintiffs' Appeal directed against judgment and decree dated 5.2.2010 made in OS. No.3369/1987 on the file of XLII Addl. City Civil Judge at Bangalore City.2. The brief facts of the case leading to the filing of the Appeal may be stated as under:On 3.8.1987, the original plaintiff filed a suit against the defendants for permanent injunction contending that the defendant No.1 is the wife of Krishnappa and defendant Nos.2 and 4 are their children. Krishnappa is the owner of land bearing Sy. No.70/4 measuring 1 acre 17 guntas situated at Jalahalli Village, Yeshwanthpura Hobli, and Bangalore North Taluk. In the year 1982, the owner of the property viz. Krishnappa agreed to sell the same to the plaintiff for a consideration of 1,05,000/- and received advance amount of 50,000/-. The owner of the land-Krishnappa (hereinafter referred to as 'the vendor'} executed an agreement to sell dated 20.9.1982 and also delivered the possession of the suit property. It is pleaded that the vend...


Nov 02 2010

Tulunadu Finance and Development Vidya Ratna Building. Vs. the Regiona ...

Court: Karnataka

Decided on: Nov-02-2010

1. This appeal is filed by the owner of the vehicle:2. It is not in dispute that the financier of the vehicle sought for exemption from payment of tax on the ground of non-use of the vehicle in question by tiling an application under form no.30 under Rule 34-A of the KMVT Rules, 1957. A provisional exemption was given subject to the conditions mentioned in the Government notification dated 11.9.1980 bearing No. HTD.95.TMT.77(i).3. Subsequently, when the inspector of motor vehicles inspected the declared place of vehicle on 28.2.2003 the vehicle was not found at the declared place, i.e. the garage. Therefore, show cause notice came to be issued on 26.4.2003 calling upon the respondent financier to show cause why Lax should not be levied w.e.f. 1.6.1995. Subsequently, second show cause notice was issued on 27.1.2005 and a reply was sent on 12.5.2005. The 1st appellant herein directed the respondent to pay tax for the period between 1.7.1995 to 30.6.1995 by its order dated 31.5.2005. Then...


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