Karnataka Court April 2010 Judgments

B.V. Basavaraju S/O Late Veerabhadrappa Vs. K. Sadashivappa S/O Krishn ...

Court: Karnataka

B. Sreenivase Gowda, J.1. This appeal is by the claimant for enhancement of compensation awarded by the Tribunal.2. 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 parties are referred to as they are referred to in the claim petition before the Tribunal4. Brief facts of the case are:On 6-5-07 when the claimant was travelling as a pillion rider in a motor cycle bearing registration No. K-18/Q-5731 towards his village from Birur, it was hit by a lorry bearing registration No. KA-18/AB-9192. As a result, the claimant fell down and sustained injuries. He filed a claim petition before the Motor Accidents Claims Tribunal, Kadur (Tribunal) seeking compensation of Rs. 5,00,000/-. The Tribunal awarded him a compensation of Rs. 51,000/- with interest at 6% p.a. from the date of claim petiton till realisation.5. As there is no dispute regarding injuries sustained by the claimant in a mot...

H.R. Harsha S/O B.C. Ramaswamy and ors. Vs. Sri C. Shankara S/O Late B ...

Court: Karnataka

ORDER(i) The appeal is partly allowed.(ii) The decree for partition is hereby confirmed.(iii) The Plaintiffs are entitled to partition and separate possession of their respective shares immediately.(iv) They can work out their respective shares by filing an application for final decree proceedings and alter their shares are determined by metes and bounds, they are entitled to get possession of the same from whosoever is in possession.(v) Insofar as mesne profit is concerned, an enquiry has to be conducted under Order XX Rule 12 of C.P.C.(vi) Parties are directed to bear their own costs....

C.V. Manjunatha S/O Vishwanatha Bhatta and Vs. Bharathi Adike Store Re ...

Court: Karnataka

ORDERB.S. Patil, J.1. In this writ petition, petitioners are challenging the order dated 07.11.2009 passed by the Trial Court rejecting the application filed by the petitioners - defendants in the Trial Court invoking Section 195(1)(b) read with Section 340 of the Code of Criminal Procedure.2. The suit in O.S.No. 21/03 is filed by the 1st respondent herein for recovery of money based on a pro-note. An ex-parte order of attachment before judgment came to be passed on 05.03.2003 by the Trial Court. However the property, subject matter of attachment was sold by the 1st petitioner on 26.03.2003.3. Petitioners have filed written statement on 22.09.2003 contending inter alia in paragraph Nos. 4 and 5 that the suit summons and the order of attachment was served on them on 28.03.2003 and that they have received the summons by putting the date of receipt as 28.03.2003. They have however contended in the written statement that the said date found on the suit summons was deliberately tampered to ...

Smt. Vasuki Sharma W/O Late G.N. Ranganatha and ors. Vs. National Insu ...

Court: Karnataka

N.K. Patil, J.1. Admit.2. This is a claimants Appeal directed against the impugned judgment and award dated 28.2.2006 passed in MVC No. 6275/2003 on the file of XVI Addl. Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Bangalore, (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation on the ground that the compensation awarded by the Tribunal is inadequate.3. By its judgment and award, the Tribunal has awarded a sum of Rs. 6,84,000/- with interest at 6% per annum from the date of petition till the date of realisation as against the claim made by the appellants for a sum of Rs. 20,00,000/-, on account of the death of the deceased-G N Ranganatha in the road traffic accident.4. In brief, the facts of the case are:Appellant No. 1 is the wife, appellant Nos. 2 to 4 are minor children of the deceased Sri G N Ranganatha. They filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 20,00,000/- on account ...

Sri Rajegowda S/O Akkamana Maregowda Vs. Sri M.R. Lakshmanappa and

Court: Karnataka

N.K. Patil, J.1. Admit.2. This appeal by the claimant is directed against the impugned judgment and award dated 24.11.2003 passed in MVC No. 560/95, on the file of the XIX Additional SCJ and Member, MACT, Bangalore (SCCH No. 17). (for short 'Tribunal') for enhancement of compensation.3. The brief facts of the case are that the appellant claims to be aged about 21 years at the time of accident and agriculturist-cum-peerless agent, earning a sum of Rs. 3,000/- to Rs. 4,000/- p.m. He was hale and healthy prior to the accident. That on 17.5.1994, at about 8.00 a.m. when the appellant was travelling in a milk van bearing No. CRT 7868 with vegetable bag along with agricultural implements from Bangalore to Mysore, at that time, a lorry bearing No. CAM 3168 came from the opposite direction driven by its driver in a rash and negligent manner and dashed against the van in which the appellant was travelling. Due to the impact, the appellant sustained fracture of both bones of right leg and other ...

H. Syed Abdul Aleem S/O Syed HussaIn Since Dead by L.Rs. (Syed Muhibbu ...

Court: Karnataka

V. Jagannathan, J.1. When these two appeals were taken up, the learned Counsel for the parties filed a compromise petition under Order 23 Rule 3 of the C.P.C. and submitted that the parties to the two appeals have agreed to compromise the matter and as per the terms of the compromise, in view of the suit schedule properties having been acquired by the K.I.A.D.B., the parties have agreed that the compensation payable by the K.I.A.D.B. shall be shared between the parties in the manner mentioned in the compromise petition viz., 58.75% of the total compensation payable by the K.I.A.D.B. shall go to the appellants in the two appeals and 41.25% shall go to respondent Ravindra S. Shetty, who was the plaintiff in the suits.2. It is also agreed to by the parties that, in the event of the acquisition proceedings being quashed or withdrawn or given up by the K.I.A.D.B., then, the suit lands shall be shared between the parties as indicated in pages 5 and 6 of the compromise petition and the land t...

The Bangalore Development Authority Represented by Its Commissioner an ...

Court: Karnataka

V. Jagannathan, J.1. Heard the learned Counsel for the parties finally in respect of the appeal preferred lay the defendant Nos. 1 and 2 before the Trial Court in the suit filed by the respondent-plaintiff for possession of sites bearing Nos. 58, 203, 230, 257, 258, 259 and 260 from the appellants herein.2. The brief facts of the case are that the respondent-plaintiff being a registered Society purchased 20 acres 15 guntas of land comprising of Survey Nos. 72/1, 73/2, 73/1, 74/1, 74/2, 77/1, 77/2A, 77/2B, 77/4 and 83/3 of Saneguruvanahalli Village under the various sale deeds and the Kathas were also transferred in the name of the plaintiff-Society and thereafterwards the land was got converted for the purpose of forming the sites and for distribution among the members of the Society. The plaintiff approached the first defendant-B.D.A. seeking permission to form a private layout The permission was accorded and thereafterwards the land measuring 18 acres 5 guntas bearing the abovementio...

New Horizon Education and Cultural Trust Rep. by Its Managing Trustee, ...

Court: Karnataka

V.G. Sabhahit, J.1. All these appeals arise out of common order passed in W.P.Nos. 15628 c/w 15716 and 19504/2007 dated 9/4/2009.2. Writ Appeal Nos. 1603/2009 and 1604/2009 are filed by respondent No. 3 in the writ petition M/s. New Horizon Education and Cultural Trust and W.A.Nos. 1605/2009 and 1606/2009 are filed by respondent No. 2 in the writ petition M/s. Karnataka Industrial Area Development Board (hereinafter referred to as 'KIADB').3. By the impugned order the learned Single Judge has allowed W.P.Nos. 15716/2006 by passing the impugned notification and dismissed W.P.No. 15628/2006. No appeal has been filed by the land owner regarding dismissal of the W.P.No. 15628/2006 and the same has become final and application Misc. W. 3833/2010 has been filed seeking permission to withdraw the Writ Petition No. 19504/2007. Learned Senior counsel submitted that applications have been filed by the writ petitioner in the other appeals also for withdrawing the writ petitions.4. Learned Senior ...

Vyavasaya Seva Sahakara Bank Limited and anr. Vs. the Managing Directo ...

Court: Karnataka

Reported in: 2010(2)KCCR1314

ORDERH.G. Ramesh, J.1. The petitioner-Co-operative Banks are the members of respondent No. 1 DCC Bank. Their grievance is that their names have not been included in the eligible voters' list at Annexure-G published by respondent No. 1-Bank for the purpose of holding election to its committee of management scheduled on 10.4.2010.2. I have heard Sri Jayakumar S. Patil, learned Senior Counsel appearing for Sri S. Raju, learned Counsel for the petitioners and Sri Someshekar, learned Counsel appearing for respondent No. 1-D.C.C. Bank. The submission of Sri Somashekar is that the percentage of recovery of loans by the petitioner-Banks is less than seventy five percent of the total demand and hence their case would fall within the ambit of Sub-section (2)(b)(iv) of Section 20 of the Karnataka Co-operative Societies Act, 1959 ('the Act' for short) and therefore they are not entitled to vote in the election scheduled on 10.4.2010.3. The petitioners have produced Annexure-F, which is a statement...

Sri C.B. Nataraj S/O C. Bolaiah Vs. M.C. Sathish S/O Late MA. Channapp ...

Court: Karnataka

N.K. Patil, J.1. Admit.2. This is claimant's Appeal directed against the impugned judgment and award dated 1st of July 2006 passed in MVC No. 132/2001 on the file of Civil Judge (Sr. Division) & Motor Accident Claims Tribunal at Maddur, (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation, on the ground that the compensation awarded by the Tribunal is inadequate.3. By its judgment and award, the Tribunal has awarded a sum of Rs. 1,15,000/- with interest at 6% per annum from the date of petition till the date of payment as against the claim made by the appellant for a sum of Rs. 16,00,000/-, on account of the injuries sustained by him in the road traffic accident.4. In brief, the facts of the case are:The appellant claims that he was aged about 39 years at the time of accident and by profession he was a Police Constable drawing a salary of Rs. 6,500/- per month. He was hale and healthy prior to the accident. On account of the injuries sustained in the road t...