Karnataka Court January 2011 Judgments
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C.Francis. S/O. Late ChikkamariyappA. Vs. Sri.Anthony Swamy. S/O. Late ...
Court: Karnataka
Decided on: Jan-10-2011
1. The appellant is the plaintiff in O S No.226/1997 on the file of the I Additional Civil Judge (Sr.Dn.) Bangalore. The suit came to be dismissed on 30.12.2007, against which he preferred R A No. 12/2008. The same also came to be dismissed on 15.7.2010. Hence the present appeal.2. The suit is one for specific performance of the agreement dated 28.9.1994. Fathers of plaintiff and defendant No. 1 were brothers and consequently the plaintiff and defendant No. 1 is cousin brothers. It is the ease of the plaintiff that the defendants entered into an agreement of sale dated 28.9.1994 agreeing to sell the suit schedule property for a sale consideration of Rs.90,000/- and on the date of agreement Rs.72,000/- has been paid to the defendants and remaining amount to be paid at the time of registration. The plaintiff states that he was put in possession of the defendants. It is further agreed to furnish entire documents within a period of one year. Further on 26.6.1995 further advance of Rs.8, 00...
Air Force School Parent'S Welfare Association and Ors. vs. the State o ...
Court: Karnataka
Decided on: Jan-10-2011
1. In all these writ petitions the respondent - schools are situated in different parts of Karnataka and they are affiliated to Indian Council for Secondary Education (ICSE) or Central Board of Secondary Education (CBSE) syllabus. The petitioners in W.P, No. 34192/2009 and W.P. No. 15296/2009 are the parents and parent's associations of the students studying in the respondent schools. The parents and parent's associations are before this Court questioning the hike in school fee made by respondent schools under the impugned circulars, letters of intimation etc.. as arbitrary, unilateral, unjust and illegal. 2. The petitioner in W.P. No. 24654/2005 h an employee of respondent No. 3 school controlled and managed by respondent No. 2. The petitioner in this petition contends that office of Principal of the respondent school became vacant on account of retirement of the then principal on 31.15.2005. In anticipation of the vacancy of Principal post respondent No. 2 invited applications from e...
Air Force School Parentand#8217;s Welfare Association, Rep by Its Secr ...
Court: Karnataka
Decided on: Jan-10-2011
(Prayer: This writ petition U/A 226 and 227 of Constitution of India praying to declare that The Karnataka Act 8 of the 1998 insofar as it purports to exclude the application of the Karnataka Education Act to Educational Institutions affiliated to Council of Indian School Certificate Examination or Central Board of Secondary Education as void and Unconstitutional and etc.) (Prayer: This writ petition filed U/A 226 and 227 of Constitution of India praying to quash the circular dt.28.03.2009 issued by the R3 vide Annexure-C and etc.) 1. In all these writ petitions the respondent - schools are situated in different parts of Karnataka and they are affiliated to Indian Council for Secondary Education (ICSE) or Central Board of Secondary Education (CBSE) syllabus. The Petitioners in W.P. No. 34192/2009 and W.P. No. 15296/2009 are the parents and parent’s associations of the students studying in the respondent schools. The parents and parent’s associations are before this ...
Srat. Jayamnma W/O Venkateshappa, Vs. Sri. V.Vijaya Kumar S/O Sri. Sid ...
Court: Karnataka
Decided on: Jan-07-2011
1. There is delay of 132 days in filing this appeal. Considering the cause shown, delay condoned. IA No. 1/08 is allowed. This matter is considered on merit with the consent of the counsel for the parties.2. This is claimant's appeal seeking enhancement of compensation in respect of judgment and award in MVC No. 100/2005 dated 25.1.2007 on the file of Motor Accident Claims Tribunal, Ramanagaram.3. Claimant suffered grievous injury while walking on Mysore road on 29.12.2004, at that time a motorcycle bearing No.KA.05 EW.8I 18 came in a rash and negligent manner and dashed against the claimant. As a result of which, she fell down and suffered grievous injury. She alleged that, she is a coolie earning Rs. 125/- per day. On account of the injury she has suffered disability in earning capacity and also she incurred heavy expenditure towards treatment.4. In support of her case, she has produced Ex.P5 wound certificate which discloses her age at 50 years, whereas, in Ex.P7 it is shown as 60 y...
National Insurance Company Ltd. Vs. Chaluvaraju S/O. Sri Chakravarthy. ...
Court: Karnataka
Decided on: Jan-07-2011
1. This appeal is by the insurer of the offending vehicle challenging the award of the Tribunal fastening liability against the2. Heard. 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 15-1 1-04, when the claimant and others were travelling in a Tata Sumo bearing registration No.KA-22-M-6030 from Kanakapura side towards Bangalore, near Harohalii lake, the driver of the said vehicle drove, the same in a rash and negligent manner and dashed against the KSRTC bus bearing registration No. KA-0.1-F-2452. As a result, the claimant sustained injuries. Hence, he filed a claim petition before the MACT. Bangalore. Seeking compensation of Rs.8, 00.000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs.2.08,000/ with interest at 6% p.a.5. As there is no dispute regarding injuries sustained by the claimant and another person in a...
Regional Manager, the New India Assurance Co. Ltd, Vs. Rakesh Kumar @ ...
Court: Karnataka
Decided on: Jan-07-2011
1. This appeal is by the Insurer of the offending vehicle challenging the quantum of compensation awarded by the Tribunal seeking reduction.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 pleaded in the claim petition are:That on 15.02.2008 when deceased Amrutha Gupta was proceeding in a car bearing registration No.KA-03-MD-6205 on Palamaner-Bangalore NH-4 road, near Silk Farm. Palamner a lorry bearing registration No. AP-16-TX-4429 came with high speed in a rash and negligent manner and dashed against the car, as a result she sustained grievous injuries. Immediately she was shifted to Government Hospital, Palamner where she succumbed to injuries. Her husband filed a claim petition before MACT, Bangalore seeking compensation of Rs. 10, 00,000/ and the Tribunal has awarded a c...
M/S. Ahura Constructions. Vs. M/S.Kodava Samaja a Society Registered U ...
Court: Karnataka
Decided on: Jan-07-2011
1. Mr. Joshua H.Samuel, learned counsel appearing for review petitioner submits that office objections were one relating to review petitioner not indicating extent of delay seeking review of the judgment.2. The fact that there is some delay in filing the review petition is not disputed. We do not find any grounds to issue notice to the respondents regarding delay, as we find there is no merit in the review petition.3. Review jurisdiction is not appellate jurisdiction. A review petition in terms of Order XLVII Rule 1 r/w section 114 of Code of Civil Procedure, is one for rectifying the errors apparent on the face of the record as finding recorded in ignorance of existing fact or such facts which have come into existence, which were not before the forum at the time of passing the order.4. In the present review petition, what is sought to be reviewed is the judgment dated 10.06.2010 passed in M.F.A.No.7356/2009 (AA) along with Misc.CvLNo.2637/2010 in the said appeal. The view taken by thi...
Smt. Nagarakatti Basamma, W/O MaryappA. Vs. the Deputy Commissioner. B ...
Court: Karnataka
Decided on: Jan-07-2011
1. In this appeal, the appellant / plaintiff has questioned the legality and correctness of the concurrent judgment of the courts below dismissing the suit filed by him in O.S. No 176/91on the file of the Civil Judge (Jr.Dn.} & JMFC, Harapanahalli for the relief of permanent 3njuiiction.2. The appellant filed the said suit seeking relief of injunction in respect of open site in front of the house bearing Door No.ll29/B/2 situated at 7th Ward, Harapanahalli.3. The case of the plaintiff as pleaded before the trial Court was that under the registered sale deed dated 4.4.1989, (Ex.P.1) the plaintiff purchased the suit schedule property / open site from one Basavarajappa (PW.6) and since then she has been in possession and enjoyment of the said property and that the defendants having no right, title or interest over the suit property are trying to interfere with her possession and enjoyment of the same and therefore it became necessary for tier to file the suit for permanent injunction. The...
National Insurance Company Limited. Vs. Chaluvaraju S/O. Sri Chakravar ...
Court: Karnataka
Decided on: Jan-07-2011
1. This appeal is by the insurer of the offending vehicle challenging the award of the Tribunal fastening liability against them.2. Heard.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 15-1 1-04, when the claimant and others were travelling in a Tata Sumo bearing registration No.KA-22-M-6030 from Kanakapura side towards Bangalore, near Harohalii lake, the driver of the said vehicle drove, the same in a rash and negligent manner and dashed against the KSRTC bus bearing registration No. KA-0.1-F-2452. As a result, the claimant sustained injuries. Hence, he filed a claim petition before the MACT. Bangalore, seeking compensation of Rs.8, 00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs.2.08,000/ with interest at 6% p.a.5. As there is no dispute regarding injuries sustained by the claimant and another person in ...
Smt.B.S.Lakshmi W/O Late K.L.Krtshna Murthy. Smt.B.S.Lakshmi W/O Late ...
Court: Karnataka
Decided on: Jan-07-2011
1. There is delay of 824 days in filing this appeal. This is claimant's appeal seeking enhancement of compensation in respect of judgment and award in MVC No.2876/2004 dated 25.1 1.2005 on the file of Motor Accident Claims Tribunal. Bangalore.2. Claimant is mother of the deceased. Deceased Pavan Kumar aged about 19 years, student of III year Diploma in Electronics & Telecommunication was a pillion rider on Bajaj Caliber two wheeler bearing No.KA.02 X.5501 along with his friend Balaji who was the rider were coming back from Yelahanka to Bangalore and while they were near Bytarayanapura main road nearby Amruthahalli cross, at that time a Tata Sumo bearing No.KA.04 C.1112 driven by its driver came in the opposite direction at high speed arid in a rash and negligent manner and dashed against the two wheeler. As a result of which, he sustained grievous injury and was taken to the hospital, however, he succumbed to the same.3. Claimant alleged that, he was a brilliant student; accident has c...
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