Karnataka Court January 2011 Judgments
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Smt.Padmavathi, W/O Late V.Venkatesh. Vs. Smt.Kamalavathi P.
Court: Karnataka
Decided on: Jan-25-2011
1. Order dated 06.04.2010 passed on the interlocutory application tiled by the respondent herein in O.S.No.50/2009, is challenged in this writ petition.2. O.S.No.50/2009 is filed by the respondent before the family Court. Mysore, seeking declaration that she is the legally wedded wife of deceased V.Venkatesh and that she is entitled for the terminal benefits due upon the death of her husband V.Venkatesh. Petitioner herein along with the General Manager, Telecom Department. Mysore, and the Accounts Officers. Telecom Department, Mysore, is arrayed as defendants in the said suit. It is relevant to notice that deceased V.Venkatesh was an employee of| the Telecom Department.3. The dispute essentially pertains to the entitlement of the parties to the terminal benefits including the claim for family pension consequent on the death of V.Venkatesh. Petitioner claims that she is the legally wedded wile of deceased Venkatesh. whereas respondent herein has sought for a declaration before the court...
Sri Beeralinge Gowda S/O Channe GowdA. Vs. State of Karnataka Revenue ...
Court: Karnataka
Decided on: Jan-25-2011
1. The petitioner is presently, substantially holding the post of Tahsildar. Based on a complaint made against the petitioner, the Upalokayukta issued an order dated 30.7.2009 initiating disciplinary proceedings against the petitioner. Thereafter, by order dated 28.8.2009. the Upalokayukta framed articles of charges against the petitioner. The enquiry proceedings against the petitioner are presently stated to be pending before Upalokayukta.2. The grievance of the petitioner is, that his claim for onward promotion is held on account of the fact, that there is no Presiding Officer in the enquiry proceedings which have been initiated against him. It is with the instant grievance, that the petitioner has approached this Court.3. Mr.Basavaraj Karoddy. learned Principal Government Advocate appearing" on behalf of Respondent No.1 sought an adjournment on 24.1.2011 so as to enable him to obtain instructions in the matter. Having obtained instructions, the learned Principal Government Advocate...
Durgi Poojarthy, and ors. Vs. Koraga Poojary S/O Chikkamma, and ors
Court: Karnataka
Decided on: Jan-25-2011
1. Legality and correctness of judgment and decree passed by the Civil Judge (Sr.Dn.), Kundapura in O.S.No.44/2004 is called in question in this appeal.2. Appellants were the plaintiffs before the court below. The suit was filed by them against the defendants claiming their 12/3.8th share in the plaint schedule property. According to the plaint averments, one Naga was the head of the Kutumba and the plaint schedule properties were held by him as head of the Kutumba and that the parties herein are governed by Aliya Santana Law and that Naga had a daughter by name Chikkamma and 4 sons by name Sukra, Channa, Gangappa and Panju and that Chikkamma died leaving behind her three sons by name Koraga, Bachcha, Mutha and 1st plaintiff Durgi is the only daughter and the remaining plaintiffs are the children and grand-children of Is' plaintiff Durgi. Therefore, she filed a suit for separate possession of 12/18th share. Defendants contested the suit. According to them, 1st plaintiff Durgi is not th...
Sri.Shridar S/O Kutty. Vs. Sri.Suraj Rai S/O Dhasappa Rai, and ors.
Court: Karnataka
Decided on: Jan-25-2011
1. This is a claimant's appeal for enhancement of compensation2. Though the .natter is listed for admission, with the consent of learned counsel lor the parties, the matter is taken up for final disposal.3. I have heard Sri.Shivakumar Dcshmukh. learned counsel for claimant and Sri.H.S.Lingaraj. learned counsel for insurance company. 4. As per medical records, claimant had suffered following injuries:1) Lacerated wound over paricto temporal region measuring about 6cms. bleeding2) CT Scan - Petechial haemorrhage in the left parietal region.5. The claimant was treated in K.S.Hegde Hospital at Deralakatte from 12.03.2007 to 15.03.2007. The CT Scan reveals concussive head injury. He had spent a sum of Rs.2, 561/- towards medical expenditure. At the time of accident, the claimant was aged about 28 years. The Tribunal has awarded compensation of Rs. 15.000/-The claimant had suffered lacerated wound over parieto temporal region measuring 6cms. The CT Scan reveals Petechial haemorrhage in the l...
Sri Annapurneshwari Recreation Association. Vs. State of KarnatakA. De ...
Court: Karnataka
Decided on: Jan-25-2011
1. Learned Government Pleader is directed to take notice for the respondents.2. In this writ petition, petitioner is seeking a direction to the respondents not to insist upon the petitioner for obtaining license to carry on lawful recreational activities and functions in the petitioner Association.3. The ease of the petitioner is that it is an association duly registered under the provisions of the Karnataka Societies Registration Act, 1960 with the object of providing recreation facilities to its members. The petitioner-Association, it is urged in the writ petition, is conducting social and entertainment activities such as indoor games like carom, chess snooker, table tennis, etc.. and also outdoor games and that it is not involved in any illegal activities. It is the further contention of the petitioner that for carrying out these activities, the petitioner is not required to obtain any license from the respondents, much less as required under Section 31 of the Karnataka Police Act. ...
The Divisional Controller Ksrtc Central Divn Office, and anr. Vs. Smt. ...
Court: Karnataka
Decided on: Jan-25-2011
1. Though the matter is posted for admission, by consent of parties, the appeal is taken for final hearing. 2. The appellants were respondents in MVC No.59/2010 on the file of Senior Civil Judge & MACT, Harihar. The Respondents were claimants before the court below. The claim petition was lodged on account of death of one Srinivas, while travelling in KSRTC Bus bearing No.KA 01/F 8.133 on 3.7.2009 on account of head of collision between the bus wherein he was travelling along with another K.S.R.T.C. bus bearing No. KA 17/F 689. He sucummed to the injuries on the spot. The deceased was working as Superintendent at D.C.C. Bank.. Chickmagalur. The claimants are the widow and children. He was drawing a salary of Rs.32,653/- rounded off to Rs.32,650/-. He was aged about 54 years. He had another six years of service. According to the claimants he had future prospectus in his life and therefore the claim petition was lodged.3. The learned Trial Judge considering the increment that might have ...
G.K.Nagaraju, S/O Kempaiah. Vs. K.A.Sathish, S/O Appanna, and anr.
Court: Karnataka
Decided on: Jan-25-2011
1. This is a claimant's appeal for- enhancement of compensation.2. I have heard learned counsel for parties.3. As per medical records and evidence of PW2-Dr.Sri Ranga.N, claimant had suffered following injuries:-I. Tenderness on 1/3 of right wristII. Contusion over right shoulderIII. Abrasion on right thighIV. Fracture of lower end of right, radiusV. Fracture of right ulnar- styloid processThe claimant was treated in Sri Chamarajendra Hospital at Hassan the fractures were reduced by conservative method. Even after complete treatment, claimant has restricted movements of right, elbow joint. PW2 has assessed permanent physical disability of right upper limb at 20%. The Tribunal has taken permanent physical disability vis-a-vis loss of earning capacity at 7%. At the time of accident, claimant was aged about 28 years and he was sustaining by manual work.4. The Tribunal has awarded compensation of Rs.87.920/ under following heads:-1. Medical expenses:Rs.6.600/-2. Pain and suffering:Rs.20.00...
Smt.A.S.Vimalakshi W/O Late M.Malleshaiah. Vs. the Under Secretary, Ka ...
Court: Karnataka
Decided on: Jan-25-2011
1. Annexure-F communication dated 28.08.2010 issued by the Deputy Secretary, Karnataka Legislature Secretariat, is challenged by the petitioner. 2. By the said communication, petitioner is called upon to vacate the premises in her occupation as already no lifted and to occupy another premises at House No.2/9, 2nd Block, Lalbagh Siddapura.3. It is not in dispute that the petitioner is given appointment on compassionate grounds upon the death of her husband Malleshaiah who was working as a driver attached to the Speaker of the Legislative Assembly. In that capacity, he was allotted House No 001 at Crescent Road. Unfortunately, Malleshaiah - husband of the petitioner died. The present petitioner being the widow of Malleshaiah continued to say in the house allotted to her husband. As already referred to above, petitioner is given compassionate appointment. She is now asked to shift to another accommodation for which allotment is made. The said alternative accommodation is situated in. the...
Smt. Prema W/O Krisnamurthy, Vs. the Stale of Karnataka Rep. by Its Se ...
Court: Karnataka
Decided on: Jan-25-2011
1. The petitioner in W.P.No. 16124/2009 (LB-BMP) is before this Court in this intra Court appeal claiming to be aggrieved by the order dated 18.06.2009 passed by the learned Single Judge. By the said order, the learned Single Judge has rejected the writ petition through which the appellant herein had assailed the trade licence granted in favour of the sixth respondent to run the Bar and Restaurant in the premises bearing No. 28/A, 1st Main. 3rd Stage. 3rd Block. Basaveshw aranagar Bangalore.2. Hoard the learned counsel for the parties and perused the appeal papers.3. The appellant herein is the owner of the premioes bearing No. 28/A. 1st Main. 3rd Stage. 3rd Block Basaveshwaranagar. Bangalore. The said premises was let out to the sixth respondent herein in the year 1999 for the purposes of running the Bar and Restaurant. Since the sixth respondent was running the business without appropriate licence from the competent authorities, a representation was made to the authorities seeking th...
Smt Shantha Bai D/O Rama Rao. Vs. Sri Muniyappa S/O Gollappa, and ors.
Court: Karnataka
Decided on: Jan-25-2011
1. The defendants in O.S.62/04 on the file of the I Addl. CiVy Judge (Jr.DnJ, Malur. aggrieved by the rejection of I.A.No. 19 under Order 26 Rule 9 CPC by order dt. 12/1/2011. Annex.G, have presented this petition invoking Art.227 of the Constitution of India.2. In the suit instituted by the respondent for specific performance of an agreement of sale of the suit schedule property, arraigning the petitioners as defendants, it was specifically pleaded that the petitioners instituted O.S.229/03 before the Prl. Civil Judge (Jr.Dn.), Malur. for relief of permanent injunction arraigning the respondents herein as defendants, and in which, I.A. under Order 39 Rules 1 & 2 CPC for temporary injunction restraining the respondents herein, from cutting and removing the ragi crop, when rejected, preferred M.A.69/03 which too, was rejected by order of the Civil Judge (Sr.Dn.), Kolar. In the written statement filed by the petitioners, the said statement in plaint was not controverted, though it was sp...
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