Karnataka Court January 2011 Judgments
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Sri.Amitabha Lahiri S/O Tarak Das Lahir, Vs. the Divisional Manager th ...
Court: Karnataka
Decided on: Jan-06-2011
1. Memo is filed for dispensation of notice to respondent No.2. Memo is taken on record. Notice to respondent No.2 is dispensed with. This is claimant's appeal seeking enhancement of compensation in respect of judgment and award MVC No.7690/2004 dated 22.2.2006 on the file of Motor Accident Claims Tribunal, Bangalore.2. While die claimant proceeding in an auto rickshaw bearing No. KA 05 C.3919 on 22.10.2004, a Tata Sumo bearing No.KA.04 A 9629 came in a rash and negligent manner from opposite direction and dashed against the said auto. As a result of which, claimant suffered grievous injury and was admitted to the hospital and underwent operation. Claimant claimed compensation of Rs. 10, 00.000/-. The said claim petition was opposed by the insurer denying the nature of injuries and also denying the liability. However, the tribunal on consideration of the evidence on record found that the accident is proved; actionable negligence is proved and also held that the claimant is entitled for...
Sri Lokesh, S/O Late Chandregowda, Vs. the State of KarnatakA. Rep. by ...
Court: Karnataka
Decided on: Jan-06-2011
1. Heard petitioner's counsel in respect of anticipatory bail sought following a case having been registered against the petitioner and three others m Crime No. 194/2010 for the offences punishable under Sections 302, 114 r/w 34 of the l.P.C.2. The case of the prosecution, in short, is that the complainant's husband Subbegowda and A-l. A-2 and A-4 were the sons of one Chandregowda and there was property dispute between the complainant's husband and his brothers and keeping this in the background, the pt alleges that the accused persons have committed the murder of Subbegowda by smothering him on 7.7 2010 when the deceased had just come home from the, club and took his food. Following the information given to the complainant about the death of her husband, she went to the room, where her husband was found lying dead. The complaint also mentions that the servants, who were working near the house of the deceased, had seen A-l Natesh and A-2 Inithraj going away from the said place. The pet...
Sri U N Lakshmana Gowda S/O Late Sri Ninge GowdA. Vs. Sri H R Radracna ...
Court: Karnataka
Decided on: Jan-06-2011
1. Appeal is by the defendant challenging the order of the Civil Judge (Sr.Dvn.), Chikmagalur in RA 105/1995 on 7.12.2002. Plaintiffs filed a suit in CC 197/1990 before the Munsiff, Mudigere for a declaration and permanent injunction restraining the defendant, his men or servants from obstructing the plaintiffs and their men and members of their family from using the road ear marked in the rough sketch annexed to the B Schedule Property.According to the plaintiffs, they are the residents of Heggaravalli Village having their lands even in the limits of Chakkodige village as per A schedule property and defendant is the owner of the property in Sy.No.48 in the B Schedule property. In order to reach Heggaravalli and Chakkodige Village from Kirishigara they have to pass through the B Schedule land over a road running east-west having a width of about 18 ft. The plaintiffs have to use the said road to go to Hurudi Post Office and Gonibeed and also their children use the said road to go to th...
K.Suresh Badre, S/O Krishna Murthy. Vs. Krishna Raj S/O Karunakaran an ...
Court: Karnataka
Decided on: Jan-06-2011
1. Memo is filed for dispensation of notice to respondent No. 1. Memo is taken on record. Notice to respondent No.1 is dispensed with. This is claimant's appeal seeking enhancement or compensation in respect of judgment and award in MVC No.4364/2005 dated 20/8/200'' on the file of Motor Accident Claims Tribunal. Court of Small Causes. Bangalore.2. Claimant suffered grievous injury in a road accident on 28.4.2005 while he was moving on a motorcycle bearing No.KA. 04 EA 51 on Queens Road near Queens Circle. Bangalore, at that time, the driver of the Maruthi Zen car bearing No. KL 08 AB 6598 driven in a rash and negligent manner came from opposite side and dashed against the claimant, as a result of which, he sustained grievous injury.3. Though the claim petition was opposed by the insurer, the liability is not disputed. The evidence shows that, the claimant has established the accident and actionable negligence and also has established that, he is entitled for compensation. In view of th...
Maruthi Recreation Association. Vs. the State of Karnataka by Its Secr ...
Court: Karnataka
Decided on: Jan-06-2011
1. In this writ petition, petitioner is seeking a direction to the respondents not to insist upon the petitioner for obtaining license for carrying out lawful recreational activities, and functions in the petitioner-association .2. The case 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 As not required to obtain any license from the respondent, much less as required under Section 31 of the Karnataka Police Act . However, the respondents have beep insisting upon the petitioner to o...
Shri. M. V. Nagaraja Rao Son of Late Shri.M.R.Venkataraniaiah and ors. ...
Court: Karnataka
Decided on: Jan-06-2011
JUDGMENT 1. Notice sent to last known address of II-respondent by registered post is returned with an endorsement as "left", therefore. service of notice on II-respondent is held sufficient. These appeals are taken up for final disposal. With the consent of learned counsel for appellant and learned counsel for I-respondent 2. It is seen from the impugned judgment, the Tribunal while answering issue No. 1 has held that accident took place due to rash and negligent driving of driver of tanker bearing Nb.TDJ 7961. of which H-respondent herein was the owner as on the date of accident. 3. The operative portion of the order made by Tribunal reads thus:- "Petition is partly allowed. The compensation interest deposit, etc. shall be as observed in issue No.2 of all cases. Draw award accordingly. Place computer generated copy on the file of MVC. 1045/98 and carbon copies on the files of MVC. 1047/98. 1049/97. 1050/98. 1051/98." 4. While answering issue No.2. the Tribunal has recorded compensatio...
The Karnataka State Road Transport Corporation, Rep by Its Chief Law O ...
Court: Karnataka
Decided on: Jan-06-2011
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for records in R.P.Nos.83 to 86/06, on the file of the Karnataka State Transport Appellate Tribunal, Bangalore and quash the order dated 30.11.2007, Ann-F, passed by the Karnataka State Transport Appellate Tribunal in R.P. Nos.83 to 86/06 and etc..,) 1. This writ petition by the Karnataka State Road Transport Corporation - a State owned Transport Corporation operating stage carriers on routes covered by permits issued under Chapter-VI of the Motor Vehicles Act, 1988, is directed against the orders passed by the Karnataka State Transport Appellate Tribunal in terms of the order dated 30.11.2007 passed in common in revision petition Nos.83 to 86 of 2006 which were revision petitions filed by the present petitioner and another revision petition No.159 of 2006 which had been filed by a private operator, being aggrieved by the order insofar as it relates to the result/outcome of re...
M/S. Green City (Builders and Developers). Vs N. Gangadaraiah S/O Nani ...
Court: Karnataka
Decided on: Jan-05-2011
1.Respondents are served and unrepresented.2. The petitioner entered into Memorandum of Understanding with the respondents as per Annexure-8, dated 29.4.2005 for purchasing the schedule properties. Supplementary Memorandum of Understanding is executed on 5.5.2005 as per Annexure-C. Clause 20 of the Memorandum of Understanding contains arbitration clause. After entering into the Memorandum of Understanding, the petitioner stated to have paid certain part of the sale consideration to the respondents. However, the disputes have arisen between the parties later and consequently sale could not take place, inasmuch as the terms and conditions found in the Memorandum of Understanding are not fulfilled. Ultimately, the petitioner issued notice as per Annexure-H, dated 26.4.2007 invoking arbitration clause for appointment of Arbitrator. In the said notice, the name of the Arbitrator was mentioned. 3. The records reveal that the parties have entered into Memorandum of Understanding on certain te...
Smt MaheshammA. W/O Siddappa, Vs. the State of Karnataka by Rural Poli ...
Court: Karnataka
Decided on: Jan-05-2011
1. The petitioner is one of the three accused persons against whom a case is registered in Cr.No. 512/09 for the offences punishable under sections 302. 201. 114 r/w 34 of IPC and she seeks anticipatory bail.2. Learned counsel for the petitioner submits that the pros"cution case in short is that. Smt. Usha being the 2IKi daughter of the complainant, was found to be in close intimacy with Vijayakumar and this was not liked by Vijaykumar's mother, the petitioner herein and therefore at the instance of this petitioner and Vijavkumar's brother Nagaraj, Usha was strangulated and thus committed her murder and her dead body was found hanging in front of the house. Thereafter, the complainant sought for ease being registered against the accused persons.3. Referring to the aforesaid prosecution case,petitioner's counsel submitted that there are two versions given by the complainant and as per the first information given on 18.7.09, it was stated than Usha had married the petitioner's son Vijaya...
Shameer Ahmed S/O Abdul Waheed, Vs. Jayachandra Reddy .S/O Doddanarasi ...
Court: Karnataka
Decided on: Jan-05-2011
1. There is a delay of 207 days in filing the appeal. Considering the cause shown and the circumstances, delay is condoned. Since the liability is not in dispute, notice to respondent No.1 is dispensed with.2. This is claimant's appeal seeking enhancement of compensation in respect of judgment and award in M.V.C.No. 2840/06 dated 18 April 2007 on the file of M.A.C.T. Bangalore.3. Claimant while moving on his motor cycle on P.B.Road near Railway bridge, a light motor vehicle 407 bearing No KA -40- A-6399 was moving ahead of the claimant. However, without any signal, the driver of the said vehicle stopped the same in the middle of the road, as a result of which, the claimant dashed against the said vehicle and sustained grievous injury. He was admitted to Columbia Asia hospital and she was inpatient from 29.3.2006 to 3.4.2006.He alleges that, on account of injuries. He suffered disability and claimed compensation of Rs.5 lakhs.4. The said claim petition was opposed by die insurer interal...
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