Karnataka Court February 2011 Judgments
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The Managing Director Karnataka State Road Transport Corp. Vs. N.C.Lav ...
Court: Karnataka
Decided on: Feb-02-2011
1. KSRTC has filed this appeal for reduction of compensation, interalia contending that the claimant (driver of the Lorry involved in the accident) was guilty of contributing negligence and compensation awarded by the Tribunal is exorbitant.2. I have heard Sri.K.Nagaraja - learned counsel for KSRTC and Smt.A.R.Sharadamba-learned counsel for first respondent. Regarding Negligence:3. The learned counsel for appellant would submit that as per evidence adduced by the parties, the KSRTC bus bearing No.KA-06 F-0373 and Lorry bearing No.KA-14 A 668. of which claimant was the driver were moving in the opposite directions on B.H.Road between Arasikere and Banavara. The accident took place when the KSRTC Bus and Lorry dashed against each other.4. The Tribunal has entirely relied on the charge sheet filed against the driver of the bus to hold him guilty of absolute negligence.5. Sri.Magaraja Rao - learned counsel for KSRTC has relied upon the award made by the Commissioner for Workmen's Compensat...
Sri Perumalappa, S/O Late PadappA. Vs. State of KarnatakA. Rep.by Its ...
Court: Karnataka
Decided on: Feb-02-2011
1. In this writ petition, petitioner is seeking a direction to respondent Nos. 1 & 2 to initiate appropriate departmental proceedings against respondent No.3 by suspending him from his duties.2. The case of the petitioner is that lie has filed a complaint before the learned Magistrate, Hosakote, Bangalore Rural District, on 22.09.2010 against one Muniramappa and Rajanna for the offences punishable under Sections 465, 466, 468 & 469 IPC. The learned Magistrate has forwarded the complaint under Section 156(3) of Cr.PC to respondent No.3 - Sub-Inspector of Police, Nandagudi Police Station, Bangalore Rural District, for investigation and posted the matter for tiling the report on 26-10.2010. However, according lo the petitioner, so far no action is taken by the police and therefore, respondent No.3 deserved to be proceeded against by initiation of departmental enquiry for his lapses.3. Learned Counsel for the petitioner submits that a representation is given by the petitioner to respondent...
Smt. Usha K W/O Raviraj Naik. Vs. the State of Karnataka by Its Secret ...
Court: Karnataka
Decided on: Feb-02-2011
1. This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 23.2.2008 vide Anncxure-A passed by R2. Heard Sri Sachin, learned advocate appearing for the petitioner and the learned Government Advocate for respondents.2. The order at Annexure-A, dated 23.2.2008, by which the petitioner, working as Anganawadi Worker at Kelakarvikeri Anganawadi Centre, Kundapur Taluk is transferred to Peramoalli Anganawadi Centre, Udupi Taluk, is called in question in this writ petition.3. The impugned order reveals that the petitioner did not receive the order passed by the concerned authority directing the petitioner to participate in the work of revision of voters' list. On the very ground the petitioner was dismissed from service. However, she was reinstated by the order of the Deputy Commissioner, dated 14.2.2008. After reinstatement she is transferred to Perampalii Anganawadi Centre, Udupi Taluk.4. It is brought to the notice of th...
Hafiz S/O Ismail Saheb. Vs. Sundara S/O Naravana Poejary, and anr.
Court: Karnataka
Decided on: Feb-02-2011
1. There is delay of 228 days in filing the appeal. Though respondents are served and contesting respondent appeared, no objections are filed. Cause shown is accepted. Delay condoned.2. Claimant has sought for enhancement of compensation for the injury suffered in a road accident that occurred on 15.10.2004. Tribunal has awarded Rs.46.900/ with interest. However, unsatisfied with "he said award, claimant is in appeal.3. Facts which are not in dispute arc that; the claimant has suffered two injuries which is evident from Ex.P4. Claimant has suffered tract ore o; shaft of fibula left and he was hospitalized for live days. Doctor is also examined as PW2. However, tribunal has awarded compensation as under: Rs.20.000/- towards pain and suffering. Rs. 1.500/ towards conveyance Rs. 1,000/ towards food, nourishment and attendant charge, Rs.4.400/ towards medical expenses, Rs. 10,000/ towards loss of academic year education and Rs. 10.000/- towards discomfort and loss of amenities.4. In my opi...
Sri. V.Somashekar, S/O Late VenkataramamappA. Vs. Sri T. Ram EgowdA. S ...
Court: Karnataka
Decided on: Feb-02-2011
1. The rejection of I.A.2 under Order 6 Rule 17 CPC to amend the written statement by adding paragraph 6(a) and deleting line No.2 in paragraph 6, by order dt.30/7/2010 in O.S.7048/08 of the XXXI Addl. City Civil Judge. Bangalore, is called in question in this petition.2. The petitioner, arraigned as defendant in the suit instituted by the respondent/plaintiff for recovery of money filed written statement. Annex.B, denying the plaint assertions that the defendant on 15/11/2005 secured a loan of Rs. 1,50,000/- and agreed to repay the same with interest at 2% per month within 6 months thereafter. Yet again in paragraph 4 of the written statement, execution of a loan document was denied. At paragraph 6, it is specifically admitted that the defendant received Rs. 1,50,000/- from the plaintiff/respondent and executed a loan agreement over the repayment of the said sum, however denied the rate of interest while asserting that the defendant paid Rs.60,000/ to the plaintiff/respondent under ac...
Sri Thippeswamy S/O Durgappa, and ors. Vs. M/S Ganesh Textile Mills Lt ...
Court: Karnataka
Decided on: Feb-02-2011
1. The appellants were the plaintiffs in O.S.No.59/1998 on the file of the Civil Judge, Sr.Dn., Davanagere. The same was later renumbered as O.S.No.233/2009. The appellants filed the suit to cancel the sale deeds dated 12.8. 1946 and 7.9.1946 and to declare that the said sale deeds are not binding on the plaintiffs and also for possession of the property. The plaintiffs valued the suit treating the plaint schedule property as an agricultural land. The defendant .-untested the suit and contended that the court fee paid is insufficient and that the suit land is not an agricultural land and it is a commercial property. An issue was framed and the same was tried as a preliminary issue. The court upon the adjudication held that the plaintiffs have to pay the deficit court fee of Rs.5,21,681/- as per its order dated 8.8.2006. The plaintiffs were called upon to pay the court fee within one month. Challenging the legality and correctness on the preliminary issue, writ petiton was filed before ...
B.T.Ramanjinappa S/O. Late ThimmarayappA. Vs. T H Rangappa, and ors.
Court: Karnataka
Decided on: Feb-02-2011
1. Rejection of petitioner's IA-2 under Order 1 Rule 10(2) CPC in O.S.62/2005 by order dt. 23.10.2010 of the Addl. Civil Judge & JMFC, Doddaballapur. is called in question in this petition.2. The respondent instituted O.S.62/2005 arraigning respondents 2 and 3 as defendants 4 and 5, while defendants 1 to 3 are reported to have died and their legal representatives not brought on record the suit has abated. That suit is for specific performance of an alleged agreement of sale executed by the defendants in respect of a certain immovable property. 3. Petitioners alleging that any decree that may be passed in the suit would affect their interest, since they are the lawful owners of the suit schedule property pursuant to a decree in O.S. 152/1989 dt.24.11.1992, filed IA-2 under Order 1 Rule 10(2) CPC to implead them as proper and necessary party defendants in the suit. That application was opposed by filing statement of objections of the plaintiff inieralia contending that they are neither n...
Sri K B Kotagond, and ors. Vs. the State of Karnataka Rep by Its Secre ...
Court: Karnataka
Decided on: Feb-02-2011
1. The petitioners are residents of a locality formed by Meghadoot Cooperative Housing Society Limited. The case of the petitioners is, that when the layout of the aforesaid housing society was finalised, an area measuring 18 guntas of land was earmarked as open space. The aforesaid open space was vested with the Corporation of the City of Belgaum (respondent No.3). under Section 174 of the Municipal Corporation Act, as a trustee. It is the case of the petitioners, that the aforesaid open space must be deemed to be a park, within the meaning of Section 2(f) of the Karnataka Parks, Play-fields and Open Space (Preservation and Regulation) Act. 1985. Despite the aforesaid, it is the submission of the learned counsel for the petitioners, that Resolution No.378 came to be passed by the Corporation of the City of Belgaum on 7.6.1999 whereby, an area of 6 guntas of land in the open space of R.S.No.205 of Meghdoot Co-operative Housing Society was allotted to the Banashankari Education and Soci...
Vanasuma Foundation. Vs. Union of India Ministry of Power . by Its Pri ...
Court: Karnataka
Decided on: Feb-02-2011
1. The petitioner has approached this Court for a very noble cause, so as to protect a "big banyan tree" at Ramohalli. which we are informed, is the 4th largest tree in India, and about 400 years old. !t is stated to be located at a distance of 28kms from Bangalore. The "big banyan tree", we are informed is an important picnic spot.2. The danger to the aforesaid tree emerged from the laying of a 400 KVA high tension wires. The said wires were proposed to be laid in close vicinity of the said banyan tree, which according to the petitioner would adversely affect the growth and development of the tree. According to the petitioner, laying of the high tension wires would also effect the value and importance of the place as a picnic spot.3. Learned counsel for the respondents inform us, that the aforesaid 400 KVA high tension wires were laid as per the proposal of the Power Grid Corporation of India as far back as in the year 2006, and have been there for the last four years. It is submitted...
Sri Ganesha, S/O Swamygowda, and anr. Vs. State of Karnataka, by Hassa ...
Court: Karnataka
Decided on: Feb-02-2011
1. Heard both sides in respect of bail sought by the petitioners who are A-3 and A b in the case registered in Cr.No.3'2 1/2010 in respect of the offence punishable under section 2 I of the N.D.P.S.Act.2. The complaint allegations as per the complain of the. Dy. Superintendent of Police is that. on 18.12.10, he found some unknown persons selling drugs near Malnad College of Engineering, Hassan and he went and apprehended five persons and out of then., four persons were caught, and from A-2 they recovered 870 grams of brown sugar.3. Submission of petitioners counsel is that even as per the police version, nothing was found in possession with the petitioners herein, but it was A-2 who was said to be in possession of the contraband drugs. Stating that the petitioners are young persons, bail is sought.4. Submission of learned Addl. S.P.P for the respondent State is that, the petitioners are required for the purpose of interrogation and moreover charge sheet is not yet filed.5. Having thus ...
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