Karnataka Court January 2011 Judgments

K.V. Seetharam Vs. the State of Karnataka and Others

Court: Karnataka

1. This appeal is filed by the petitioner in W.P.No. 12628/2008 being aggrieved by the order dated 11-9-2009 wherein the learned Single judge of this Court has declined to interfere with the order passed by the Special Deputy Commissioner, Bangalore District, Bangalore and has also given certain directions as per the order. 2. The appellant herein filed W.P.No. 12628/2008 being aggrieved by the order dated 30-6-2008 passed by the Special Deputy Commissioner, Bangalore District, Bangalore. It is the case of the petitioner that the land which belonged to predecessors of the petitioner measuring 530 acres 24 guntas situated at Pattandur Agrahara village, K.R.Puram Hobli, Bangalore East Taluk and they had absolute title over the property. They had failed to pay the land revenue and arrears of Rs. 248/- was due to be paid and the land was put to auction inviting bid from the public. Since no public participated. The Tahsildar purchased the property on behalf of the Government and sale deed ...

Maruti. S/O Thimmegowda and ShamiullA. S/O Khadir Sab, Vs. the State o ...

Court: Karnataka

1. This petition is filed following the case being registered against the petitioner in Cr.No.163/10 for the offences punishable under Section 379 of the IPC and Section 136 of the Indian Electricity Act.2. The complaint allegations in short are that, on 4.9 2010 at about 1.25 a.m., when the complainant Harish Kumar found that there was destruction of the transmission of electricity between Hassan - Belur region, on cheeking, he found that electric wire measuring 180 meters were stolen from three towers. Based on the aforesaid complaint, the petitioner was arrested.3. Having' heard the petitioner's counsel and the learned Government Pleader for the State and taking note of the nature of offences alleged and punishment for the said offences, I am of the view that the petitioner can be released on bail by imposing conditions to safeguard the interest of the prosecution.4. In the result, the petition is allowed by imposing the following conditions:1. The petitioner shall be released on ba...

Smt. Shakuntalamma W/O Sri. Jayaram. Vs. the National Insuranee Co. Lt ...

Court: Karnataka

1. Memo is filed for dispensation of notice to respondent No.2. Memo is taken on record. Notice (o respondent No.2 is dispensed with.2. This is claimants appeal seeking enhancement of compensation in respect of the judgment and award in MVC No.6197/2006 dated 6.11.2007 on the file of Motor Accident Claims Tribunal, Bangalore.3. Claimant is a Government employee. At about 9.45 a.m. on 6.4.2006 while she was proceeding to her office after getting down from the bus near R.V. Engineering college bus stop, a vehicle bearing No.KA.04-MA-451 came in a rash and negligent manner and dashed against her, as a result of which she fell down and sustained grievous injuries. She was shifted to the Sahana Hospital where she was inpatient and got treated. She has alleged that, she has become permanently disabled. It is also alleged that, she is drawing salary of Rs.7, 503/ per month and accordingly she claimed compensation of Rs. 1.12.000/-.4. This claim petition is contested by the insurer denying the...

Sri Mohammed Ayub, S/O Abdul Rasheed. Vs. the Deputy Commissioner Mand ...

Court: Karnataka

1. In this writ petition, the petitioner has sought a direction to the respondents to consider his case for allotment of vacant space in the property adjacent, to the property where he is carrying on his business and to accommodate him in the super market, that is going to be constructed in the place where he is presently running his business.2. According to the petitioner, he and 34 other occupants have been running their respective business in market building belonging to Nagamangala Town Municipal Council under a licence and that the respondent - authorities intended to demolish the shops in which they were running their business, so as to construct a super market therein, without following the procedure in accordance with law.3. It is contended by the petitioner that persons similarly situated had filed writ petitions before this Court and they have been granted reliefs by an order dated 22/11/2010 and therefore, the prayer of the petitioner that the reliefs granted to such persons...

Director Archeology and Museum. Vs. Smt. Jayamma C/O General Secretary ...

Court: Karnataka

1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the award dated 28.2.2005 in Ref.No.29/96 passed by the labour Court, Mysore directing reinstatement of respondent with 50% back wages.2. Respondent contends that he was working as daily-wage employee with the petitioner as Gardener from 21.6.1982 to 30.10.1990. Without holding an enquiry and without a notice under Section 25F of the Industrial Disputes Act, 1947 (for short 'the ID Act') petitioner orally terminated the respondent from service w.e.f. 30.10.1990. Aggrieved by this termination, respondent raised a dispute before labour Court by way of reference under Section 10(1 -C) of the ID Act. On the basis of pleadings, the labour Court framed the following points for its consideration:i) Whether Respondent II Party proves that the delinquent I party has not worked for 240 days within the period of 12 months?ii) Whether Respondent 2ul Party proves that the delequent I party has left th...

Upendra Vs. the Divisional Manager, New India Assurance Co. Ltd., and ...

Court: Karnataka

Ajit J,Gunjal, J. 1. Even though the appeal is listed for admission, with the consent of both the Counsel, appeal is taken up for final disposal. 2. The appeal is by the claimant. At the time of accident he was 22 years. In a road accident, which occurred on 22.6.2001, he has suffered two fractures i.e., Fracture of Left femur and fracture of Left tibia. He lodged a claim petition seeking compensation of 10,00,000/-. The learned member of the Tribunal has awarded a sum of 2,03,000/- with interest @ 6% p.a. Hence, the appeal is filed seeking enhancement. 3. Indeed, we are not required to go into the question of act actionable negligence inasmuch as that has been accepted by the insurer and the insured. 4. The ease of the claimant appellant is that at the relevant point of time i.e. at the time of accident he was a student undergoing training in physiotherapy. It is his case that the accident and the injuries have resulted in the permanent disability inasmuch as he may not be in a positi...

Aslam and Others Vs. State Through Arakere Police, Bangalore

Court: Karnataka

Reported in: 2011(1)KCCR652(DB)

K.N. Keshavanarayana, J: 1. This appeal is directed against the judgment and order dated 27.12.2006 passed by the Preceding Officer, Fast Track Court - IV, Mandya in S.C. No. 18/2005. 2. Appellants-1 to 4 were Accused Nos. 1, 2, 4 and 5 before the Trial Court. They along with two other persons were charge-sheeted for the offences punishable under Sections 143, 148,302,201 r/w. 149 of IPC on the allegation that, in the intervening night of 14th and 15th August 2004 the accused persons forming themselves into an unlawful assembly with a common object of committing murder of the deceased Prakash alias Hebbuli S/o. Sri Nagaraju - PW.1, and in furtherance of said common object, assaulted the said Prakash with clubs and wooden plank in front of the petty shops situated in the bus stand circle in Arkere Town, dragged him towards college and killed him, and thereby the accused persons have committed the aforesaid offences. 3. The accused persons pleaded not guilty for the charges ...

M/S. Malnad Infotech Pvt. Ltd, Represented by Its Managing Director, B ...

Court: Karnataka

1. This appeal is filed by the unsuccessful petitioner in W.P.13807/2006 wherein the learned single Judge has dismissed the writ petition declining to grant the prayer sought in the writ petition to quash the letter dated 2.6.2005 vide Annexure - G to the writ petition and the letter dated 22.5.2006 vide Annexure - J to the writ petition. It is the case of the writ petitioner - appellant herein that the tender had been /invited by the first respondent inviting offers for purchase of land measuring 18 acres in and around Jalahalli Village, Bangalore. The writ petitioner had deposited a sum of Rs. 20 /- lakhs by way of earnest money deposit and he was the highest bidder. Further he was called for the negotiation and he did not attend the negotiation. The writ petitioner by a letter dated 27.12.2004 has withdrawn the offer in respect of his bid submitted by him. Thereafter there were correspondences between the writ petitioner and the first respondent regarding the allotment o...

Sri Manak Chand, Son of Misrimal and ors. Vs. Sri Babulal. Son of Misr ...

Court: Karnataka

1. The petitioners have challenged the order on L.A.No 2 tiled under the provisions of Order VII Rule 11 CPC rejecting the application. 2. The facts relevant for the purpose of this petition are as under: 3. I will refer to the parties as per their rank before the Court below for the purpose of convenience. 4. The petitioners herein are defendants 1 and 2 whereas respondents 1 and 2 are the plaintiffs in the suit bearing O.S. No.9138/2006 instituted by respondents 1 to 3 herein seeking the relief of partition and separate possession of their share in the soil properties. 5. The petitioners who are defendants 1 and 2 have contested the suit contending that there is no cause of action for the suit and that there is no Joint family and in the circumstances, they submitted an application under the provisions of Order VII Rule 11 CPC requesting to reject five plaint as it does not reveal a cause of action. 6. The plaintiffs filed a suit: for partition and separate possession of their share ...

The Executive Officer Karnataka State. Vs. Sri Syed Mohammed and ors

Court: Karnataka

1. The petition is filed challenging the order passed by the Court below on Issue No.2 holding that the Court tee paid on the plaint is sufficient. 2. The facts relevant for the purpose of this petition are as under: Respondents 1(a) to (e) are the legal representatives of deceased Syed Mohammed the first respondent and a suit was instituted by them hi O.S.No. 1450/1994 seeking the relief of declaration of ownership on the basis of a Will dated 9.6.1947 and to set aside the registered sale deed dated 6.4.1984 and for declaration that the lease deed is not binding on the plaintiffs. So also, he has claimed the relief of perpetual injunction. 3. Initially, the suit was for permanent, injunction and in the year 1997. the plaintiffs i.e.. Respondents 1 (a) to (e) herein filed an application for amendment of the plaint seeking the relief of declaration. The said application was allowed and the plaintiffs were permitted to amend the plaint. When die plaint was amended, the plaintiffs had to ...