Karnataka Court March 2011 Judgments

Ali Sab and Others Vs. MohiuddIn Shariff and Another

Court: Karnataka

(This RSA filed U/S 100 of CPC against the judgment and decree dated 05-09-2008 passed in R.A.No.119/2004 on the file of the II-Addl, District and sessions judge, C/C, of P.O., Fast Track Court, -I and IV, Kolar, allowing the appeal filed against the judgment and decree dated 06-07-2008 passed in OS.95/1995 on the file of the Civil Judge, (JR.DN) JMFC., Srinivaspur.) The defendant’s legal heirs are in second appeal against the Judgment and decree in RA No.119/2004 dated 05.09.2008 on the file of Judge, Fast Track Court, Kolar, setting aside the finding of trial Court on issue No.6 to 10 and decreeing the suit for specific performance and restraining defendants from interfering with their possession. 2. Heard the learned Senior counsel Mr.Padmanabh Mahalay for appellants and the learned counsel Mr. Rahavendra Rao, for respondents and examined the records in supplementation thereof. 3. Before I advert to the contentious issues raised by the learned counsel on both sides a brief ref...

Ramana Vs. University of Mysore, Mysore and Others

Court: Karnataka

Reported in: 2011(3)KantLJ353; 2011(3)KCCR2035; 2012ILR(Kar)206

Petitioner is running an establishment by name Karnataka Public Security Services and Contractors at Mysore, which is providing security services. Petitioner is calling in question the resolution dated 10-1-2011 passed by the Syndicate of the 1st respondent-University and the order dated 29-1-2011 Annexure-E passed by the 1st respondent-University. 2. As per Annexure-D resolution, the Syndicate of the University has resolved in its meeting dated 10-1-2011 that for the purpose of ensuring security in the University, services of the Home Guards has to be availed as per the terms and conditions agreed, by relaxing condition No.6, for a period of one year and in that regard, the Vic e-Chancellor of the University was authorized to take necessary action. Based on this resolution, the University has issued Annexure-E order on 29-1-2011, whereby it is ordered that for the purpose of security of the various offices, divisions, colleges and the movable and immovable property of the University, ...

Sonutai @ Sonabai Vs. the Secretary, Government of India, New Delhi an ...

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR1872

(Prayer: THIS MISC SECOND APPEAL IS FILED UNDER SECTION XLIII R(1) (U) OF CPC AGAINST THE JUDGEMENT and DECREE DATED 12.04.2010 PASSED IN R.A.NO.04/2009 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE, BELGAUM, ALLOWING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DATED 26.09.2008 PASSED IN O.S.NO.115/2001. ON THE FILE OF THE CIVIL JUDGE DECLARATION AND FOR ISSUANCE OF DIRECTIONS TO DEFENDANT NO.3 AND 4 FOR PERMANENT INJUNCTION.) 1. These two miscellaneous appeals under Section 104 r/w Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 [CPC], are by the plaintiff in OS No.115 of 2001, on the file of Civil Judge (Sr. Dn.), Chikkodi, a person, who is the widow of late Tukaram Patil, who had served as a soldier in the Indian Army and who had passed away on 29-10-1996 and whereupon the plaintiff, who had been granted family pension initially by the accounts department of the defence services of government of India, but such pension had come to be cancelled as per the order dated ...

H.D. Shirnal Vs. State of Karnataka and Others

Court: Karnataka Dharwad

1. Misrepresentations, false affidavits, misleading submissions by the litigants and misleading submissions by their Lawyers to cling on to a post, more so, if it is a productive post for Government officials, who indulge in rampant corruption, is the order of the day. Court orders are elicited interim orders, suppressing the real position, misrepresenting something else and based on the subsequent order so obtained; all sorts of atrocities are committed by government and quasi Government officials. 2. In this rat race, to keep positions, which are productive for such officials, no effort is spared, no stone is left unturned and Courts and Court orders are used as a means to achieve such objectives, thereby even bringing disrepute to the judicial system, which ultimately results in the litigant public and the members of the society in general, loosing faith and confidence in the judiciary. 3. The writ petition is not any different from this state of affairs, which prevails in our socie...

The Commissioner of Central Excise and S.T., Bangalore and Others Vs. ...

Court: Karnataka

(Prayer: This CEA filed u/s 35 G of the Central Excise Act, 1944 praying to decide the substantial question of law stated therein, set aside the CESTAT, South Zone Bench, Bangalore in Final Order Nos. 741 to 747/2009 dated 28/05/2009, in the interest of justice and equity.) 1. This appeal is by the revenue challenging the order passed by the larger bench of the tribunal holding that the services availed by a manufacturer for outward transportation of final products from the place of removal should be treated as an input service in terms of Rule 2 (1) (ii) of the CENVAT Credit Rules, 2004 and thereby enabling the manufacturer to take credit of the service tax on the value of such services. 2. The assessee M/s.ABB Limited, Maneja, Vadodara is engaged in the manufacture of transformer, circuit breaker, etc., falling under Chapter 85 of the Central Excise Tariff Act, 1985. The assessee is having Central Excise Registration No.AAACA3834BXM007. The assessee is availing the cenvat credit as p...

Syed Mudeer Vs. the Chief Executive Officer, Karnataka Board of Wakfs, ...

Court: Karnataka

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order at Annexure-E dated 14.1.2011 passed by the respondent No. 1 and etc.) 1. Dargah Hazarath Araulla Sahah and Nabi Shah Bada Makhan situated at H. Siddaiah Road, Bangalore – respondent No. 2 herein is a wakf institution. Petitioner was appointed as the member of the Managing Committee of the said wakf. He was elected as the President of the Managing Committee on 05.03.2009. A show cause notice was issued to him on 27.12.2010 under Section 64(3) of the Wakf Act, 1995 (for short, ‘the Act”) as per Annexure-B alleging that being the President of the Wakf, he had failed in managing, administering and protecting the interest of the wakf property, in that, one Mr. M.B.Akbar who had started illegal construction in the wakf property was not prevented nor any action to stop the illegal construction was taken. 2. Petitioner was notified that an inquiry...

M/S. New India Assurance Company Limited. Vs. B R Sreenivas, S/O. Late ...

Court: Karnataka

1. This appeal is by the insurer of offending vehicle challenging the quantum of compensation awarded by the Tribunal.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 before the Tribunal.4. Brief facts of the case as pleaded in the claim petition are: That on 20-6-06, when the deceased Gangarnma was proceeding in a car bearing registration No. KA-09 P 2345 from Bangalore towards Magadi, near Shanaboganahalli road cross, the driver of the bus bearing registration No.TN-38-H-8313 came from opposite direction in a rash and negligent manner and dashed against the car. As a result, the deceased sustained injuries and she died on the spot. Her two major sons filed a claim petition before the MACT. Bangalore, seeking compensation. The Tribunal by impugned judgment and award has awarded compensation of Rs.3.33....

Suhasemreen. S/O Muneerjaan. Vs. H.T Jayakumar. S/O H D Thimmegowda, a ...

Court: Karnataka

1. The claimant in MVC 626/08 en the file of Presiding Officer. FTC-HI and Addl. MACT, Hassan, is the appellant in this appeal:2. Case of the appellant - claimant is that on 3.2.2008 at 10.30 pm, while she was walking on the left side of Ballupet - K. Hosakote road, the driver of the sand lorry bearing Regn. No. KA-13/A 2552 has driven the vehicle rashly, negligently and dashed against the minor girl. Then, she was admitted to Mangala Hospital. For the pain, suffering and agony, claimant seeks compensation of Rs.10 lakhs.3. Respondent No. 1, the owner of the vehicle has entered appearance, contend that the driver of the vehicle had valid driving licence, it was in force. The petitioner is called upon to prove the accident, its impact, contend that the vehicle being insured with respondent No.2, Respondent No.2 has to pay the compensation.4. Respondent No.2. the Insurance Company contend that the claim is exaggerated, liability is strictly in accordance with the terms of the policy. The...

Thibbanayaka S/O Ninganaika, and ors. Vs. State of Karnataka by Its Gu ...

Court: Karnataka

1. This appeal is filed by the accused challenging the judgment dated 13.04.2004. passed by the first Additional Sessions Judge, Mysore in S.C.No.208/1997 convicting the appellants for the offences punishable under Sections 143, 147. 148, 323 and 307 IPC read with Section 149 IPC and sentencing them to pay fine of Rs.200/- each for the offence punishable under Section 143 read with 149 IPC, further sentencing them to undergo R.I. for 3 months for the offence punishable under Section 147 IPC, further sentencing them to undergo R.I for 6 months for the offence punishable under Section 148 read with 149 IPC, R.I. for 5 years and to pay fine of Rs.5.000/- each for the offence punishable under Section 307 IPC read with Section 149 IPC with default clauses.2. The case of the prosecution is that on 08.06.1996 at about 9.30 a.m., the accused formed themselves into an unlawful assembly near the land of one C.W. 1 Rajappa of Berambadi tillage, Gundlupet taluk, they committed rioting and by holdi...

Mr. Srinivasa Murty. M. M. S/O Sri.Muniyappa M.V. Vs. the Regional Man ...

Court: Karnataka

1. This appeal by the claimant is directed against the impugned judgment and award dated 22.7.2008 passed in MVC.No.6879/2007 by the VIII Addl. Judge, Court of Small Causes, Member. MAOT-V, Metropolitan area, Bangalore. seeking for enhancement of compensation in respect of the injuries sustained by the claimant in a motor accident.2. The facts in brief are :-The Appellant-Claimant filed claim petition before the Tribunal seeking compensation in a sum of Rs.15.00,000/- against the respondents in respect of the injuries which he has sustained in a motor accident that took place on 12,5.2007 at about 6.00 p.m. near Cha Cha park, Jayamahal Extension, Bangalore involving the car bearing Regn.No.KA-01-P-8686 owned by the second respondent and insured with the first respondent at the relevant point of time. In the impugned accident he sustained severe injuries which comprised of fractures for which he took treatment in M.S.Ramaiah hospital by spending huge money. Despite the same, he is not c...