Karnataka Court November 2010 Judgments
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B.R. Gnana Murthy S/O Late B.R. Ramalingappa Vs. State Bank of Mysore
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. The order of III Additional CMM Court permitting the respondent herein to take possession of the schedule property through its Authorized Officer is called in question in this writ petition.2. The records reveal that the respondent herein filed OA.No.76/2006 for recovery of certain sums of money. The said application was decided against the petitioner herein directing him to pay a sum of 32,3'-909.15 with interest at 12.25% p.a. with monthly rents. Questioning the order of the Debt Recovery Tribunal, in 0.A.No.76/2006, petitioner herein has filed an appeal before the Debt Recovery Appellate Tribunal, in MA.No.306/2008. The appeal is still pending consideration. During the pendency of the matter, the impugned order is passed.3. Learned counsel for the petitioner submits that the impugned order is passed without notice to him and consequently, the same is illegal.4. It is wholly unnecessary for this Court to entertain this writ petition, inasmuch as it is open for the petitioner ...
Sri N R Narayana Raju Vs. Sri K Kumar
Court: Karnataka
Decided on: Nov-11-2010
1. This appeal is by the complainant assailing the order of acquittal of the respondent - accused passed by the VI Addl. CMM, Bangalore, in CC No.27'632/2005 for the offence, punishable under Section 138 of the Negotiable Instruments Act.2. According to the complainant, tiie accused has issued a cheque for a sum of Re. 12.69,000/- towards the repayment of the lean. On presentation of the same, the same was dishonored with an endorsement insufficient funds', after issuance of legal notice, since the payment was not made, came to be filed.3. Heard.4. According to the complainant, there was a business transaction between the complainant and the accused and towai-ds the balance payment due, accused is said to have issued a cheque. According to the accused, neither he has issued any cheque to the complainant nor has any transaction taken place between the complainant and the accused. Rather, cheque was issued to the wife of the complainant in connection with some other transaction, of which...
National Insurance Company Ltd Vs. Sri. Ganesh, and ors.
Court: Karnataka
Decided on: Nov-11-2010
1. This appeal is filed by the appellant. - Insurance Company challenging the judgment and award dated 21.04.2007 passed in MVC No. 1100/2005 on the file of H Additional Civil Judge (Sr.Dn.) and MACT-VT, Mangalore.2. By the impinged judgment and award,, the Tribunal lias granted compensation of ?52,040/- with interest at 6% per annum from the date of petition till realization.3. The learned counsel for the appellant submits that as per the claim petition when he was travelling in scooter bearing No.KA-19H-3346 as a pillion rider on 19.4.2005 near Kavoor junction, a Ma hind r a tempo bearing No,KA-19/6909 and an Auto rickshaw bearing registration No.KA 19/5961 came at high speed and dashed against the scooter and due to the said collision claimant sustained injuries. The complaint made by the driver of the tempo against auto rickshaw as per Ex.P.l and after the investigation charge sheet has been filed against the auto rickshaw. In view of the fact that after the charge sheet has been f...
National Insurance Co. Ltd. Vs. Sri M.H.Mahesh and ors.
Court: Karnataka
Decided on: Nov-11-2010
1. These two appeals arise out of one and the same order passed by the W.C. Commissioner, Mandya. The first respondents in these appeals are the respective claimants before the W.C. Commissioner and the compensation claimed by them in respect of the accident which, according to them, is said to have occurred on 2.11.2006 leading to injuries, was accepted by the W.C. Commissioner and compensation was awarded in a sum of. Rs. 1, 31.027/ and Rs.1,14,366/-to the respective claimants with interest at 12% p.a. The said order of the W.C. Commissioner is called in question by the Insurance Company in these two appeals.2. The submission of the learned counsel for the appellant-Insurance Company is that, no accident ever took place as alleged by the respective claimants and, in order to establish the factum of the accident; the claimants have not produced any documents before the W.C. Commissioner. No F.I.R. copy was produced nor any M.L.C. case was registered and no I.M.V. report was produced ...
The Karnataka State Board of Wakfs Vs. the Bangalore City Corporation ...
Court: Karnataka
Decided on: Nov-11-2010
1. This appeal is by plaintiff No.1. The suit is filed by plaintiffs 1 and 2 against defendants 1 to 5 for a declaration that the suit schedule property is Wakf property and for the relief of mandatory injunction against the defendants to demolish and to remove unauthorized constructions put up on the suit schedule property and also for a decree for possession of the said area. The relief is coupled with another consequential relief of perpetual injunction by restraining defendant No. 1 from further demolition and desecration of graves and alternatively, it was sought by the plaintiff for a decree for possession of the suit schedule property by directing the defendants to handover possession of the same2. The claim of the plaintiffs is, it is a Statutory Board constituted under the provisions of Wakf Act. 1954. The administration and management of the wakf property vests in the State Government. A piece of land measuring 160' X 300' more specifically described in the schedule, is situ...
Sri Rameshwara Swamy Education Society Vs. State of Karnataka and the ...
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. The petitioner has sought for a direction to the respondents to consider and decide the representations made by the petitioner as per Annexure-'H' dated 3.11.2009, Annexure-J' dated 16.2.2010 and Annexure-'K' dated 5.4.2010.2. The petitioner is a registered Society registered under the provisions of the Karnataka Societies Registration Act. Among other institutions, the petitioner is running an Industrial Training Institute by name Sahyadri Industrial Training Institute. Earlier it was being run at Hassan. As the petitioner did not have building of its own, petitioner requested the respondents to grant permission to shift the institution from Hassan to Tumkur. They had also prayed that in case if permission is not granted to shift to Tumkur, the permission be granted to close the institution. The institution was admitted to Grant-in-Aid by the department of Employment and Training while the same was being run at Hassan. The respondent No.2 granted permission to the petitioner f...
Sri Chinnaiah Vs. the Deputy Conservator of Forests, Mysore Division
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. The petitioner was appointed as a daily wager in 1984 in the respondent-Department and he was terminated from service from 28.8.1987. The said termination was called in question by the petitioner before the Labor Court and the award passed in favour of the petitioner was not implemented by the respondent and thereby the petitioner was constrained to move this court in W.P.No. 6484/1998 seeking a direction to the respondent to implement the award passed in Reference No.64/1988. Pursuant to the order of this court, the petitioner was taken back to service on 30.11.1998 and was paid back wages for the period from 28.8.1987 to 30.11.1998 in a sum of Rs. 1,00,862/-.2. Thereafter, by an order dated 3.6.1999, the petitioner was informed that he no longer can continue to work in the Department because the scheme under which the petitioner was taken as a daily wager itself had come lo a close and, therefore, the petitioner was relieved of his duties. The said order of the respondent dat...
B. Raju, S/O. Late Bettaiah Vs. the Registrar General. High Court of K ...
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. The petitioner is before this Court assailing the order dated 7-8-2002 which is impugned at Annexure-E to the petition.2. Heard the petitioner and the learned Government Advocate appearing for the respondent and perused the petition papers.3. A perusal of the order dated 7.8.2002 which is impugned at Annexure-E would indicate that the Section Officer HCE Branch has issued the said Memo to the Section Officer Accounts-I directing him to recover the salary paid to the petitioner who was working as Second Division Assistant in Index-II Branch for 15 days from 2-12-2001 to 16-02-2001. The case of the petitioner is that no formal enquiry had been held before passing the said order. It is also contended that for the period when he was unable to attend the services, the petitioner was undergoing treatment, as he was bitten by a stray dog. It is therefore contended that the petitioner had a reasonable cause for remaining absent during the said period and in any event, the said aspects ...
Manju @ Manjeaha S/ O. Sri Ramachandregowda and ors. Vs. State by K.R. ...
Court: Karnataka
Decided on: Nov-11-2010
ORDER1. The petitioners are arrayed as accused Nos.l and 2 in Crime No.46/2010 registered for offences punishable under Sections 143, 147, 148, 324 and 379 r/w. 149 of IPC by K.R.Pet Town police. Later, an offence under Section 307 was included.2. Heard learned Counsel for petitioner and learned Government Pleader for the State.3. As per the first information given by injured, petitioners hired auto rickshaw run by injured. They travelled in that auto rickshaw to different places. Ultimately, they were returning back to their village, when first informant demanded auto fare, they refused to pay the same and the petitioners are alleged to have assaulted first informant with a view to commit his murder.4. Petitioners are in judicial custody. As per the copy of the wound certificate made available by the learned Government Advocate, first informant had Buffered two incise wounds on non vital parts of his body.5. Considering the background of incident, an offence under Section 337 of IPC i...
Sri M H Karibasappa S/O HanumanthappA. Vs. Sri. K. R. ChandrappA. S/O. ...
Court: Karnataka
Decided on: Nov-11-2010
1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal, along with an application Misc. Civil No.22128/09 for condoning delay of 414 days in riling the appeal.2. The Tribunal by impugned judgment and award dt. 27-6-08. awarded compensation of Rs. 1.90,620/-with interest at 6% p.a. from the date of claim petition till the date of realization, for the following three injuries sustained by the claimant : Lacerated wound measuring 1x4 cms over Rt. Fore-arm.ii. Condyler fracture of Rt.Tibia and iii. Fracture at the Head of Fibula.Application for securing copy of the judgment and award dt. 27-6-08 was made on the date on which judgment was pronounced. Copies were secured on 14-7-08. This appeal was presented on 1-12-09 i.e. after one year three months i.e. 414 days. The reasons for condoning the said delay assigned in Para 2 of the affidavit is that, he is advised to submit that impugned order is illegal and the same is liable to be modified, and no reasons...