Karnataka Court January 2011 Judgments

The Deputy Commissioner, Uttara Kannada, Karwar and Others Vs. Venkatr ...

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR1971

(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the writ petition no. 13975/2005 dated 22.02.2007.) 1. The appellants have assailed the correctness of the order dated 22.02.2007 passed in W.P. No. 13975/2005 by the learned Single Judge, wherein the respondent herein had assailed the correctness of order dated 28.02.2005 passed in RB/LND-II/AP/CR-3/04-05 and order dated 30.03.2000 passed by the Assistant Commissioner, Sirsi Sub-Division Sirsi. 2. The brief facts of the case are: The respondent herein claiming to be a well qualified M.SC. graduate filed Form NO. 50 under Rule 108 for regularization of unauthorized cultivation of land measuring 3.00 acres of Margundi Village of Sirsi Taluk. On 09.07.1991 pursuant to the application filed by the respondent herein and after verifying the contents of the prescribed form filed by the respondent, the third appellant submitted his report to the Committee for Regularizat...

Pallagatte Katappa S/O Guddappa, and ors. Vs. Vijayasankeshwara S/O Ba ...

Court: Karnataka

1. There is a delay of 68 days in filing M.F.A.No. 11257/2007. Though contesting respondents are served and represented, no objections are filed. Cause shown is accepted. Delay is condoned.2. All these appeals arise out of the common judgment and award in M.V.C.No.413/2005. 410/2005. 406/2005. 418/2005 and 409/2005 respectively dated 5.3.2007 on the tile of M.A.C.T., Chitradurga.3. Appellants are the claimants. They have sought for compensation for the injury suffered in a road accident on 2.2.2004. They were all travelling on a bullock cart. At that time, a VRL bus bearing No.KA-25/A-4058 came from back side and dashed against the said bullock cart, as a result of which, all of them sustained grievous injury.4. Claimant in M.V.C.No.406/2005 has produced Ex.P5 -wound certificate The wound certificate only shows a cut wound on the right chin. It also mentions that it is simple in nature. However, claimant tried to rely on Ex.1'7 to show that he had gone to take higher treatment in Bapuj...

Adilakshmi, W/O Raju, and anr. Vs. the Cominiscioner(B.B.M.P).

Court: Karnataka

1. This appeal is directed against the judgment and decree, dated 17.4.2010 passed by the Court of the IX Additional City Civil and Sessions Judge, Bangalore (CCH-5) in O.S.No.5340/07.2. The facts of the appellants' case in brief are that the appellant Nos.1 and 2 are the wife and son of one Sri Raju respectively, who was working as a sweeper in the services of Bruhat Bangalore Mahanagara Palike ('58MP'' for short). The appellants claim that the said Raju worked from 1981 to 11.10.1997. He left home for his work place on the said day. Thereafter, he never returned home. The appellants lodged the police complaint. The said Raju could not be traced by the police also. The appellants filed a suit seeking the relief of declaration that the said Raju S/o Narayana is not alive and that therefore be presumed to be dead. The respondent BBMP did not file the written statement. Based on the pleadings contained in the plaint the Trial Court framed the following issues: i) Can it be presumed that ...

MR Joseph D Souza s/o late Jacob D SouzA. Vs. Mrs Saritha marcaret d's ...

Court: Karnataka

1. The petitioner/husband aggrieved by the order dt. 15/7/2010 partly allowing I.A.No.1 and directing payment of monthly alimony of Rs.2, 000/- horn the date of filing the petition until disposal, to the respondent/wife, in M.C.5/09 of the II Addl. Sr. Civil Judge & CJM. Mangalore, D.K., has presented this petition. 2. In a petition for divorce instituted by the petitioner/husband, the respondent/wife filed an application for maintenance pendent lite alleging that the petitioner had failed to comply with his obligation, both moral and legal, in maintaining his wife. The respondent/wife filed I.A. under Sec.36 of the Divorce Act, 1869, for monthly maintenance at the rate of Rs.4.000/- asserting that she was unemployed, while her husband was gainfully employed and earning more than Rs.20.000/- p.m. That, application was opposed by filing statement of objections interalia contending that the marriage between the parties was void abinitio and hence disentitled to alimony and that the husba...

M/S.Kaleesuwarj Refirtery (P) Ltd. Vs. the Assistant Commissioner (Ct) ...

Court: Karnataka

1. Petitioner has sought for to issue writ of certiorari to quash the notice issued under Section 79 of the Karnataka Value Added Tax Act of 2003 dated 6.12.2010 issued by the Asst. Commissioner of Commercial Taxes for Enforcement, Tumkur at Annex'.-re 'D' and to direct the respondent to take up re-assessment proceedings under Section 39 of the Act and to pass appropriate orders in accordance with law.2. According to the petitioner, it is a Private Limited Company and a registered dealer under the Karnataka VAT Act of 2003 engaged in the business of manufacture of edible oils having its head office at Bangalore and factory premises at Tumkur. Petitioner purchases crude sunflower oil from local registered dealers upon sufferance of tax and also obtains crude sunflower oil as stock transfer from Chennai and the crude oil so obtained is refined al the factory at Tumkur and it is thereafter sold locally in the State of Karnataka to their distributors through C & F agents. For the assessmen...

Smt Manjula W/O Late Padmaraj, and ors. Vs. Smt Geetha Rao W/O Sri Sub ...

Court: Karnataka

1. This is a claimants appeal seeking enhancement of the compensation awarded by the Commissioner for Workmen's Compensation, Chickmagalur dt. 18.8.2006 in case W.C.F.No.55/2006.2. The facts leading to this case are as hereunder: The appellants-claimants are the LRs. of one Padmaraj who died while discharging his duties as a loader and unloader under the Respondents-1 and 2 on 17.1.2004 at about 6.00 am. He died on account of fall of the wooden log during the course of his employment. According to the claimant he was aged about 40 years and was getting an income of Rs.6000/- p.m.3. Since the employment is not in dispute and the cause of death is not in dispute, the Commissioner considering the income of the deceased at Rs.3000/-by applying the factor 184.17 awarded a compensation of Rs.2,76,255/-. Being not satisfied with the same, the present appeal is filed.4. We have heard the counsel for the parties.5. The only question raised by the appellants before us is that the Commissioner ha...

The Divisional Manager. New India Assurance Co. Ltd. Vs. Sri Mehaboob ...

Court: Karnataka

1. This appeal is by the insurer of the offending vehicle challenging the award of the Tribunal on the ground of liability, negligence and quantum.2. Heard the learned Counsel appearing for the parties and perused the records.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 as pleaded in the claim petition are: That on 23-12-05, when the claimant was going on his scooter at Bangalore Dairy Circle, a motor cycle bearing registration No. KA-06-8274 came at high speed in a rash and negligent manner and dashed against his scooter. As a result, the claimant fell down and sustained injuries. Hence, he filed a claim petition before the MACT, Bangalore, seeking compensation of Rs.3,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs. 1.20.400/-and after deducting 50% towards contributory negligence on the part of die claimant, has awarded Rs.60,200/- with interest...

Shivappa @ Shivapfa Tekale Jattenaika S/O Tekale Jattenaik. Vs. Shanka ...

Court: Karnataka

1. The claimant is before this Court seeking enhancement of compensation as against the sum awarded in MVC No.30/2005.2. Heard the learned counsel for the parties and perused the appeal papers.3. The facts relating to the accident having occurred on 29.10.2004 and the nature of injuries suffered by the claimant is not seriously in dispute.4. The discharge summary which was marked as Ex.P7 indicates that the claimant had suffered four injuries. Though the same were not of a serious nature, however, the fact that he was hospitalised for three days is not in dispute. Keeping this aspect in view and also considering the fact that the claimant was in India on a holiday and during the said period, he had suffered the said injuries in the accident and had taken the treatment and also had got all tests done to rule out any other complications would indicate that he had suffered sufficiently due to the said accident. If this aspect is kept in view, the compensation awarded towards pain and suff...

Sri.ivan Pinto, S/O Albert Pinto, and ors. Vs. the Regional Transport ...

Court: Karnataka

1. In W.P.No.28595/2010. Petitioner has sought for issuances of writ of mandamus directing the 2nd respondent to consider his representation dt.27.8.2010 for alignment of timings to the permit granted in his favour vide Sub. NO. 168/98-99 dt.28.10.1999/4.11.1999.2. In W.P.No.2.5464-G7/20|0, petition in respect of the petitioner No. 1 is dismissed as not pressed. The prayer of the remaining petitioners is. for issuance of writ of certiorari to quash the order of KSTAT. Bangalore, dated 12 04.2010 passed m appeal No.299/2009 at Annexure 'D' and for such other reliefs.3. Heard.4. According to the petitioners' Counsel in W.P.No.25464/2010, the 1st respondent has granted the permit in favour of the 3rd respondent which is hit by Mangalore scheme and thereafter, the 2nd respondent has been directed by the Tribunal to assign timings to the 3rd respondent extending the route from Padil cross to Kankanady railway station, however, the Tribunal without considering the tact of delay and also in t...

Mrs. Ranganayaki W/O. Late R Neelakrishnan, and anr. Vs. Sri Sharad M ...

Court: Karnataka

1. The rejection of defendant's I.A-7 under Section 65 of Evidence Act, 1872, seeking leave of the court to lead secondary evidence by producing photocopies of documents in O.S.2771/2002 c/w O.S.2765/2002 by order dt. 11.11.2010 Annexure-G of City Civil Judge, Bangalore city, is called in question in this petition by the 1* defendant in O.S.2765/2002.2. The petitioner arraigned as 1st defendant in O.S.2765/2002 and 3"' defendant in O.S.2771/2002, when clubbed and common trial conducted, filed IA-7 under Section 65 of the Evidence Act r/w Section 151 CPC, on 7.7.2010, for permission to lead secondary evidence by marking photocopies of documents, fn the affidavit accompanying the application, the deponent states thus:a. 1 submit that when 1 came down to Bangalore on 21.6.2010 to meet, my advocate and give instructions in the above matter lost all the original documents relating to the above suit while travelling in the bus.b. I submit that I have lodged the police complaint for the loss ...