Karnataka Court November 2010 Judgments
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Sri. D Venkatesh Guptha Vs. the Commissioner Bangalore Development Aut ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. Petitioner's vendor in title by name B.Srinivasamurthy was allotted site No.21 Old No. 1539, 39th 'E' Cross, 24th Main. 4th T Block, Jayanagar, measuring East West 36 feet and North South 58 feet, by communication dt. 30/31. 1.1968 followed by execution of lease cum-sale agreement dt. 10.2.1969 by the erstwhile City Improvement Trust Board (CITB) and delivery of possession under possession memo dated 17.4.1969. The Bangalore Development Authority, for short BDA, the successor of CITB executed an absolute sale deed dt. 4.3.2002 conveying the said property in favour of the petitioner's vendor, registered in the office of the jurisdictional Sub-Registrar and katha made out in his name by the Bangalore Mahanagara Palike. The petitioner purchased the immovable property for a valuable consideration under a sale deed dt. 4.12.2008 Annexure-A executed by the petitioner's vendor in title and thereafter has been in peaceful possession and enjoyment of the said property. The petitioner on...
V. Rama Rao S/O Venkatnarsappa Vs. Canara Bank Chikmaglur MaIn Branch ...
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. In view of availability of alternative remedy of appeal under Section 17 of the SARFAESI Act, this Court declines to interfere in the matter, particularly having regard to the dictum laid down by the Apex Court in the case of UNITED BANK OF INDIA -vs- SATYAWATI TONDON AND OTHERS (2010 8 SCC 110).2. Writ petitions are accordingly dismissed, with liberty to the petitioner to avail the statutory remedy of appeal before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act, within four weeks from this day. The Interim order granted by this Court will continue to operate for a period of six weeks from this day. It is open for the petitioner to seek for interim order before the Debt Recovery Tribunal.Since the writ petition is dismissed, Misc.W.Nc.6924/2010 filed for vacating the interim order and Misc.W.No.7528/10 filed for impleading does not survive for consideration and accordingly, the same are disposed of....
K J Manjunath and ors Vs. a with a Ramesh @ K.J. Anitha and ors
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. Respondents 1 & 2/plaintiffs have filed suit against the petitioners and respondents 3 to 12 for relief of partition and separate possession claiming l/4th share in the plaint schedule properties and consequential reliefs. The petitioners/defendants 1 S-. 2 have filed written statement on 27.10.2007 and prayed for dismissal of the suit. Issues were framed. 1st plaintiff filed I.A.No. 1/2009 dated 14.12.2009 under Order 6 Rule 17 CPC seeking leave of the court to amend the plaint and to incorporate the proposed amendment therein in the plaint. The 1st defendant filed statement of objections to the said application. The trial court has allowed LA No.1/2009. Aggrieved, defendants 1 & 2 have questioned the said order in this writ petition.2. Sri P.D.Surana, learned counsel appearing for the petitioners firstly contended that, the properties sought to be incorporated in the plaint, according to the plaintiffs, were purchased in the name of the petitioners by their father late K.RJam...
Mrs.Anitha Anand Vs. State Bank of Travancore Rep
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. The petitioner herein is seeking a direction to the respondent bank to release one of the properties offered by her as collateral security to the loan secured by her from the respondent bank.2. Brief facts leading to this petition are Petitioner is proprietrix of Vara. Technologies It is not in dispute that she has availed credit facilities from respondent bank. It is also not in dispute that loan is sanctioned in her favour is on the security of two guarantors, who are the owners of two immovable properties, which were sought to be attached by bank under the SRFAESI Act. When the matter stood thus, petitioner has approached respondent bank by depositing a sum of Rs. 13,38,000/- on various dates and has sought for release of one of the properties to enable her to mobilize funds on the security of said property and to clear the entire loan that is due to respondent bank.3. It is also her case that both properties which are given as security do not belong to her, one of the prope...
Smt. Putti Bai W/O Surya Nayaka Vs. the State of Karnataka and ors
Court: Karnataka
Decided on: Nov-02-2010
ORDER1. The petitioner has raised the challenge to the Assistant Commissioner's order, dated 31,1.2007 (Annexure-E) and the Deputy Commissioners order, dated 30.8.2010 (Annexure-G).2. The facts of the case in brief are that the land measuring 5 acres standing at Survey No.85/5 of the Diggenahalli Village, Kasaba Hobli, Channagiri Taluk was granted to the fourth respondent's father Sri A.K. Ningappa on 29.11.1953. The Saguvali Chit was issued to him on 16.12.1963 imposing the non-alienation condition for a period of 15 years. On the death of the said Ningappa, his wife Smt. Rangamma and his children sold the said land to the petitioner on 16.1.1981 for a consideration of 3,000/-. On the respondent No.4 (son and the L.R. of the original grantee) filing the petition for the invalidation of the sale deed executed in favour of the petitioner and restoration of the land to him (the respondent Nc.4), the Assistant Commissioner, vide his order, dated 31.1.2007 (Annexure-E) allowed the fourth r...
State by B.E.M.L. Nagar Poilce. Vs. M. Shivananda, S/O. Sri K.M. Muniy ...
Court: Karnataka
Decided on: Nov-02-2010
1. This appeal has been filed by the State challenging the judgment dated 19.7.2004 passed by the Addl. Sessions Judge, FTC-I. Kolar in S.C.No.75/98 acquitting the respondents of the offences U/Ss 143, 147. 148, 149, 427 302 and 120(B) of IPC r/w Section 149 IPC.2. It is the case of the prosecution that on 21.8.1997 at 9.00 pm at Karapanahalli village, the accused persons formed themselves into an unlawful assembly armed with deadly weapons with the common object of assaulting CW11- Nanjundappa and thereby they are alleged 10 have committed an offence punishable U/s 148 of IPC. It is further alleged that they went near the house of Ramakrishnappa, and with an intention to cause death of Venkataramaiah, assaulted him with chopper, clubs and caused him grievous injuries and as a result of which, Venkataramaiah died in the hospital on 24.8.97. Thereby they are alleged to have committed an offence U/Ss 143, 147, 148, and 302 IPC. It is further alleged that the accused persons in furtheranc...
Smt. Asha Prasad and ors Vs. Sri.Syed Sallauddiln and the New India As ...
Court: Karnataka
Decided on: Nov-02-2010
1. These two appeals by the insurer and the claimants are directed against the same impugned judgment and award dated 20.6.2006 passed in MVC No.5451/2002 on the file of the XI Addl. Judge, Court of Small Causes, Member, MACT, Metropolitan Area, Bangalore (SCCH No. 12) (hereinafter referred to as Tribunal' for short).2. The Tribunal by its impugned judgment and award has awarded 716.8i.180/- with interest at 6% p.a. from the date of the petition till realization, as against the claim of the claimants for a sum of 71,00.00.000/- on account of the death of the deceased Shri.R.S.Prasad in the road traffic accident. 3. The insurer claimed that though the Tribunal has discussed in the body of the judgment regarding the contributory negligence on the part of the deceased at 25%, it has awarded compensation to the claimants without deducting any amount towards contributory negligence on the part of the deceased. The insurer has further contended that the quantum of compensation awarded to the...
Bhava Beary, and ors Vs. Sahul Hameed, Major, S/O. Mohammed and the Na ...
Court: Karnataka
Decided on: Nov-02-2010
1. This appeal is by the claimants seeking enhancement of compensation.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.4. Brief facts of the case are- That on 16.10.2006 when deceased Mohammad Rafiq was proceeding in a motorcycle bearing registration No.KA-19-L-4285 as a pillion rider from Mangalore to Kariyangala near Kanjila a jeep bearing registration No. KA-19-M-9252 came from opposite direction in a rash and negligent manner and dashed against his motorcycle. Due to the impact deceased was thrown out to road and sustained grievous injuries. Immediately he was shifted to hospital where he succumbed to injuries. His parents, brother and sisters filed a claim petition before MACT, Mangalore seeking compensation of 10.00,000/- and the Tribunal has awarded compensation of Rs.3,14,000/- with interest at ...
Sri. Gopal Reddy Vs. Sri. Chezhiya M, and anr
Court: Karnataka
Decided on: Nov-02-2010
1. This appeal is by the claimant seeking enhancement of compensation.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.4. Brief facts of the case are:That on 28.06.2007 when the claimant was proceeding on his motorcycle bearing registration No.KA-51 JW 6638 on V. Kota - K.G.F. main road in front of Milk Dairy at Vaddarahalli a bus bearing registration No. TN 345 AA 1879 came in a rash and negligent manner and dashed against his motorcycle, as a result the claimant sustained grievous injuries. Hence he filed a claim petition before MACT, Bangalore seeking compensation of 12.00,000/- and the Tribunal has awarded compensation of ...
Gurumurthy S/O Shreenivasa Vs. the New India Assurance Co. Ltd. and Sr ...
Court: Karnataka
Decided on: Nov-02-2010
1. Dissatisfied claimant is in appeal against the judgment and award dated 17.11.2006 in MVC.7174/04 on the file of Member MACT-V, Court of Small Causes, Bangalore, seeking enhancement.2. Heard the learned counsel on both sides.3. Appellant lodges claim under Section 166 of the Motor Vehicles Act for pecuniary and non-pecuniary loss on the plea that at 10.30 p.m. on 19.8.2004, he was travelling in a tempo bearing registration No.KA-05-8451 as a cleaner. The driver drove the vehicle in a rash and negligent manner consequent to which he lost control; the tempo collided with a tipper lorry and as a result of the collision, a severe impact was generated which caused injuries to his person resulting in fracture of both bones of the lower leg; he was hospitalized and treated despite which he suffered permanent physical disability of 19% of the limb and 10% of the whole body, as evaluated by PW2-Dr.S.U.Shivaprakash.4. The claim was resisted by the respondents, but considering the ocular testi...
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