Karnataka Court February 2011 Judgments
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Dr. Nagendra Honnahalli. Vs. Smt.Megha, W/O Nagendra Honnahalli.
Court: Karnataka
Decided on: Feb-03-2011
1. Heard both sides in respect of the petition filed by the husband seeking transfer of the case i.e., Crl. Misc. Case No. 36/2009, pending on the file of the J.M.F.C. III Court. Mysore to any other court.2. The submission of the petitioner's counsel is that, the petitioner apprehends threat to his life and. therefore; he is before this court seeking transfer of the case to any other court other than at Mysore.3. On the other hand, the submission of the learned counsel for the respondent-wife is that, the cases was transferred to Mysore without any objection of the petitioner and moreover, even the case, M.C.No. 33/2009. which was pending on the file of the Civil Judge (Sr.Dn.). Hukkeri, also had been transferred to Mysore by an order of this court; in Civil Petition No. 98/2009.4. Having heard both sides and taking note of the order passed in C.P.No. 98/2009 wherein this court also noted at paragraph-3 that the respondent herein or her relatives would not give threat to her husband or...
Sri a Krishna Rao S/O S.T.Ambekar, and ors. Vs. State of Karnataka Dep ...
Court: Karnataka
Decided on: Feb-03-2011
1. Writ Petition claim, title and interest in respect of an extent of 20 guntas of land in Sy. No.52, Hosakerehalli Village, Uttarahalli Hobli, Bangalore South Taluk under two sale deeds dated 8.2.1954 in favour of father of the petitioners and another sale deed dated 16.3.1959 in favour of mother of the petitioners, are aggrieved that when the matter stood thus, and the petitioners as legal heirs being entitled for the entire extent of 20 acres of land under the said two sale deeds, by an order dated 26.2.2002 passed by the Special Deputy Commissioner. Bangalore District, in RRT [2| CR. 15/2001-02 [copy at Annexure-A] where under the Deputy Commissioner has, purporting to confirm a grant of an extent of 3 acres of land in the very survey number in favour of the fifth respondent - Trust, has nevertheless done so by cancelling the entries in the revenue records which stood in the name of the petitioners at that time and prior to that, in the name of their parents mid that too. without a...
Stella Mary D/O Leo N.J.Anthony. Vs. Sri.K.Sakthivel S/O Kaliappan, an ...
Court: Karnataka
Decided on: Feb-03-2011
1. This is a claimant's appeal for enhancement of compensation.2. I have heard Smt.Jayashree S.Latur. learned counsel for claimant and Sri M.Arun Ponappa, learned counsel for Insurance Company.3. As a result of accident, claimant had suffered segmental fracture of shaft of left femur and associated simple injuries. The claimant was admitted in St.John's Medical College Hospital at Bangalore. The claimant was an inpatient from 13.06.2006 to 28.06.2006. The claimant was operated for reduction of fracture. At the time of accident, claimant was aged about 35 years and she was working as an Export Executive in M/s.Bulk Liquid Pvt. Ltd., on monthly salary of Rs.8.000/-.4. As per evidence of PW2 Dr.K.T.Thomas, even after complete treatment, claimant suffers from restricted movements of right hip joint and right knee joint. The disability with reference to left lower limb is assessed at 35% and 11.5% with reference to whole body.5. The Tribunal has awarded compensation of Rs. 1,46,000/- under ...
Sri.D.T.Babu S/O Dodda ThimmannA. Vs. R.Murali S/O B.M.Rama Reddy, and ...
Court: Karnataka
Decided on: Feb-03-2011
1. This is a claimant's appeal for enhancement of compensation.2. I have heard Sri.Shripad V.Shastri. learned counsel for claimant and SrL.Vi.S.Sriram, learned counsel for insurance company.3. As a result of the accident, the claimant had suffered following injuries:a) Degloving injury to the right upper and lower limbs exposing under lying muscle and bone and severe contamination of the wounds.b) Fracture shaft of right humerus.c) Fracture of medial mallelous of right ankle.d) Vascular injury to the right upper limbe) Radial nerve injury to the right upper limb.f) Fracture shaft of right, femur4. The claimant was treated in SPARSH Hospital. The tract lire was reduced by open reduction and internal fixation. The skin was grafted on the injury area. During the first admission, he was an inpatient from 26.05.2007 to 19.07.2007 and during second admission, he was an inpatient from 24.10.2008 to 04.11.2008. As per the medical bills, the claimant had spent a sum of Rs.2,74 143/-. As per the...
Ramesh Kumar Hegde. S/O.Amba @ Akkamma Heggadthi. Vs. the Authorised O ...
Court: Karnataka
Decided on: Feb-03-2011
1. The petitioner has filed this Review Petition seeking review of the order dated: 05/'2/2008 passed by this Court onW.P. No. 1306/08.2. This Court by its order dated 5/12/2008 has dismissed the Writ Petition confirming the order passed by the Appellate Tribunal in Appeal No.435/2006 vide Annexure A' to the writ petition.3. In brief the facts are: The petitioner was granted lands in Sv.Nos. 149-8A3. I18/4B. 149/15. 149/17. 149/9A2. 149/8A4. 149/8B. 152/8. 151/17. 149/8A3. 149/9A2. 140/2C, 140/2A. 149/5B, 149/5A and 140/12 of Mooduthonse village under Sec.77A of the Karnataka land Reforms Act. The Appellate Tribunal by its order dated 02/01/2008 has reversed the order passed by the first respondent i.e., the Authorised Officer on the ground the lands were not tenanted lands and they have not vested in the State and placing reliance on the decision of this Court reported in 1LR 2002 Ear. page 1342. The petitioner has preferred Writ Petition before this Court in W.P.No. 1306/2008. This C...
Sri. K. C. Kumaraswamy. S/O. Sri. Late Channappa and ors. Vs. Sri: Kri ...
Court: Karnataka
Decided on: Feb-03-2011
1. Although these appeals are listed in the orders li6t, with the consent of learned Counsel appearing for the parties, they are taken up for final disposal and disposed of by this common judgment.2. For the sake of convenience parties are referred to as they are referred to in the claim petition.3. Brief facts of the case as pleaded in the claim petition are: That on 15.04.2006 when the claimant was travelling as a pillion rider in motor bike Bajaj CT 100 bearing registration No.KA-02-ER-3902 from Huliyur Durga to Kilara Village, near Senaba water channel of Kilara the rider of the motor bike rode the same in a rash and negligent manner, as a result, he lost control and dashed against a stone on the left side of the road, due to the impact the claimant was thrown out and sustained grievous injuries. Hence, he filed a claim petition before MACT. Bangalore seeking compensation of Rs.1O\00,000/- and the Tribunal has awarded compensation of Rs.2,52,000/- with interest at 6% p.a.4. Aggriev...
Sri Ritesh Saxena, S/O Sri M.B.SaxenA. Vs. Smt. Kirti Srivastava, W/O ...
Court: Karnataka
Decided on: Feb-03-2011
1. In this writ petition, petitioner is challenging the order dated 20.10.2010 passed by the learned -Judge of the Family Court. Bangalore, rejecting the interlocutory application filed seeking exclusive custody of his minor son - Aneesh Saxena, every week from Friday evening till Sunday evening, by modifying the earlier order dated 02.03.2007.2. The application IA-25 came to be filed under Section 12 of the Guardians and Wards Act. 1980 read with Section 151 CPC in G & WC No. 189/2000. It was contended by the petitioner that the custody of minor child as on date continued to be with the mother who has filed G & WC No. 189/2006 and that by order dated 02.03.2007 passed on IA No.4. an interim arrangement for visitation was made pennitting the petitioner and his parents to visit, his son on every Saturday and Sunday between 5 p.m. to 6 p.m. in the residential apartment complex known as Prestige Greenwood Apartment and thereafter certain modifications were made on the applications filed b...
Sri K.Mahesh, S/O Sri M.Kandaswamy. Vs. Life Insurance Corporation of ...
Court: Karnataka
Decided on: Feb-03-2011
1. Petitioner is aggrieved by the order passed by the Central Information Commission on 22.04.2009 vide Annexure-H thereby rejecting the request made by the petitioner for furnishing the information as required by him vide his request letter dated i3.01.2008 submitted to the Public Information Officer and the Managing Director of the Life Insurance Corporation of India, Central Office, Mumbai.2. Though several contentions are urged by the petitioner in the writ petition and although the respondent-authorities have denied the assertion and allegations made in the writ petition, the essential grievance made by the petitioner boils down to the refusal to furnish all the information as sought by the petitioner. Petitioner had sought for information under 21 heads as mentioned in his application Annexure-A. As he was unsuccessful before the First and Second Appellate Authority in getting all the information, he moved the Central Information Commission. The Central information. Commission ha...
Sri BashA. S/O.Babasaheb. Vs. Karnataka State Board of Wakf, and ors.
Court: Karnataka
Decided on: Feb-03-2011
1. The suit filed by I he petitioner before the Karnataka Wakf Tribunal, Bangalore, in O.S.No. 18/2010 seeking the relief of declaration that die suit schedule property Is not a wakf and there is no wakf institution by name Abbas Khan Makan at Bethamangala, Bangarpet Taluk, Kelar District, and that the plaintiff-petitioner herein has been in continuous possession of the said properly by himself and through his vendors and their donors for more than 60 years, thereby acquiring right by way of adverse possession, is dismissed as barred by limitation.2. The court below has referred to the proviso to Section 6(1) of the Wakf Act. 1995. and has held that as the vendors of the plaintiff were entitled to file the suit challenging the list of wakfs as notified by the notification No.MWB(19 l11. 1964 dated 21.07.1965 published in the Mysore Gazette dated 26.03.1968, within one year from the date of publication of the list of wakfs and as the suit was not brought within the period of limitation ...
The Director General of Works Central, and ors. Vs. Sri.Annoji K.. S/O ...
Court: Karnataka
Decided on: Feb-03-2011
1. Pursuant to a notice issued by this Court, Mr. Annoji, party-in-person has appeared before us.2. We have heard Mr.M.Vasudeva Rao, learned counsel appearing for the petitioner as well as the party- in-person. 3. The respondent has sought for the following reliefs:(i) Call for the relevant records as to the action taken on receipt of the representation submitted by the application Seeking promotion as LDC and on perusal.(ii) Direct the respondents to consider the ease of the applicant for promotion as LDC based on the result of the qualifying examination held on 14.7.99 Annexure-A-1) and grant ail consequential benefits such as service and monetary benefits and(iii) Pass any other order or direction or grant; any other relief as deemed fit by the Hon'ble Tribunal including award of cost in the interest of justice, equity and fair play in administration.4. Having regard to the relict sought for by the respondent a direction has been issued by the Tribunal to the petitioners to consider...
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