Karnataka Court March 2011 Judgments

Karnataka State Finance Corporation. Vs. Sri. H.S.Mohammed Zafrulla, S ...

Court: Karnataka

1. This appeal by the Karnataka State Financial Corporation ('Corporation' for short), arises out of the impugned judgment and order dated 21st June 2008 passed in Mis.C. No.9/2007, by the Additional District Judge, Mandya.2. The brief facts of the case leading to the filing of this appeal arc that, the Corporation filed a petition under Section 31 (11(a), (aa) r/w. and Section 32 of The State Financial Corporations Act, 1951 (hereinafter referred to as "SFCs. Act", for short), praying for an order to enforce the liability of the respondents in respect of two loan accounts maintained by the Corporation. As per the averments in the petition, a sum of Rs. 1.1,65,000/- was sanctioned as loan by the Corporation to one Smt. Ayesha, wife of Ghouee Khan, for purchasing two buses bearing Registration Nos.KA-02/B-5786 and KA-02/B-1H5 on 29th August 2006. Subsequently, the said loan account was transferred to the name of first, respondent and. second respondent stood as the guarantor for the sai...

Rahamathbe, and ors. Vs. Parvathamma, and ors.

Court: Karnataka

1. This is a plaintiffs' second appeal seeking for recovery of possession and redemption of mortgage.2. Plaintiffs' father is the purchaser of the suit property from the original owner in the year I960. The suit property was the subject matter of mortgage by the vendor of the plaintiffs, Puttamadamma in the year 1959 in favour of one Puttanna. Later, Puttanna sold his mortgage rights in favour of one Subbegowda, father of the 9* defendant in the year 1963. The mortgage was a usufructory mortgage for a period of six years. The plaintiffs who had the right to redeem the mortgage filed a suit against the respondents who are the legal representatives of late Puttanna and against the 9lh defendant who is the son of Subbegowda in -whose favour Puttanna had sold his mortgage rights. The matter was contested. The trial court raised the following issues:a. Whether the plaintiffs prove the mortgage deed dated 1.8.1959:b. Whether plaintiffs further prove that they are eniiiled for redemption of s...

M/S Fun World Resorts. Vs. the State of Karnataka Rep. by Its Principa ...

Court: Karnataka

1. Petitioner is before this Court assailing the order at Annexure 'D' passed by the 2nd respondent-Commissioner ofCommercial Taxes by way of suo motu revision order dated 5.8.2010 and also the order dated 22.0.2010 at Annexure 2. Petitioner is an assessee under the Karnataka Entertainment Tax Act. 1958 and the assessment filed for the period August 2002 to March 2007 is in question. The Assessing Authority as well as the First Appellate Authority, while dealing with the tax charged on the entry fees to the amusement park have passed the assessment orders, against which the impugned order has been passed by exercising suomoto revisional power by the 2nd respondent-Commissioner of Commercial Taxes.3. Section 4E of the Karnataka Entertainment Tax Act of 1958 deals with tax on amusements which provides - tax shall be levied and collected @ 5% on each payment for admission or participation in amusement and the tax so levied shall be paid by the proprietor. The proviso also provides, no tax...

Sri.C.Shashidhar, and ors. Vs. Smt.K.G.Devamba D/O Late Dr.N.Channabas ...

Court: Karnataka

1. Appellant is the- second plaintiff in O.S.No. 8819/1997 being aggrieved by the judgment and decree dated 29-6-2004 passed by the 18 Additional City Civil Judge, Bangalore, wherein the Civil Judge dismissed the suit filed by the plaintiffs preferred this appeal.2. The plaintiffs have filed a suit seeking for partition and separate possession of the suit schedule properties and allot 1/4 share to each of the plaintiffs out of the suit schedule properties and demarcate the properties and put the plaintiffs in possession of their shares. Consequently, they also sought for an injunction restraining the defendants from alienating, creating any charge over the suit schedule property.3. The plaintiffs in their plaint contended that they are the children of Dr.N.Channabasappa through his first wife late Chandamma who died in the year 1957. The defendant No.1 is the second wife of Dr.N.Channabasappa and the third defendant is the daughter of first defendant. Dr.Channabasappa died on 1-1-1986....

H. Siddaraju, S/O. Honnaiah. Vs. Ravi. S/O. Narasimhachar, and anr.

Court: Karnataka

1. As these appeals are arising out of a common judgment and award of the Tribunal, they are heard together, admitted and with the consent of learned Counsel appearing for parties, they are disposed of finally by this common judgment.2. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.3. Brief facts of the case as pleaded in the claim petition are:That on 21-12-03, when the claimant was walking on the left side of M.C. road, from Mandya towards Indavalu village, in front of Jai Kisan Petrol Bunk. Mandya, a motor cycle bearing registration No. KA-11-E-T880 came in a rash and negligent manner and dashed against him. As a result, he fell down and sustained grievous injuries. Hence, he filed a claim petition before the MACT, Mandya, seeking compensation of Rs. 10,00,000/-. The Tribunal by impugned judgment and award has awarded compensation of Rs.7,75.000/- with interest at 6% p.a.4. Aggrieved by the quantum of compensati...

United India Insurance Co.. Ltd. Vs. Sri. Raju, S/O. Late Gopalakrishn ...

Court: Karnataka

1. This appeal by the Insurer is directed against the judgment and order dated 07/11/2005 passed in CWC-3/NFC/CR-6/2002 on the file of the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-3, Bannerghatta Road. Karmika Bhavan. Bangalore 29. (hereinafter referred to as 'the Commissioner' for short), to consider the following substantial questions of law:.(i) Whether the Commissioner for Workmen's Compensation acted perversely and arbitrarily in holding that the first respondent suffered employment injury in the accident dated 13/11/2000 while working as a driver in the Lorry No. KA.07/9969 without there being any material to support sneh findings?.(ii) Whether the Commissioner for Workmen's Compensation was justified in ignoring the fact that the claimant did not establish his claim even after the same was disputed by the alleged employer and the appellant herein(iii) Whether the Commissioner for Workmen's Compensation acted perversely in assessing 100% loss of ea...

Sri Yeshwanth Rao Ghatke S/O. Late Sri Kercji Rao Ghatke. Vs. Cauvery ...

Court: Karnataka

1. Yeshwanth Rao Ghatke, son of late Keroji Rao Ghatke was initially engaged as a watchman by the predecessor of Cauvery Neeravari Nigama Ltd., i.e., P.W.D. of Government of Kamataka in 1982. He worked for 2.44 days between October 1982 to July, 1983, for 195 days between October 1984 to May. 1985, for 63 days between 23.9.1985 to 7.12.1985 and for 264 days as survey mazdoc oetween 1.1.1986 to 27.1.1987. According to him. he was terminated from service on 27.1.1987 without following the procedure prescribed in S.25-F of the Industrial Disputes Act, 1947 ('the Act' for short). He raised a dispute and the Government of Karnataka made a reference to the Labour Court, Mysore, for adjudication. The Labour Court by its award dated 8,5.2006 allowed the reference in part and directed the Assistant Executive Engineer, No,2, Harangi Distributory sub-division, to pay the workman, the compensation equal to 50% of the accumulated daily wages for the period from 28.1.1987 till the end of July, 1990....

Smt.P.Anasuyamma W/O Sri C Dasareddy. Vs. the Secretary Regional Trans ...

Court: Karnataka

1. Learned Government Pleader is directed to take notice.2. Petitioner has sought for to quash the resolution passed by the RTA. Chitradurga dated 6.11.2003 at Annexure A and also the order of the Karnataka State Transport Appellate Tribunal at Annexures 'C dated 11.08.2010 and, for such other orders.3. On the application filed by the petitioner, she had been granted fresh stage carriage permit on 6.11.2003 to run the vehicle in the route Kondlahalli to Challakere^ based on which, the respondent has also assigned the timings and directed her to obtain permit within 30 days from the date of posting of the Resolution. Being aggrieved by the condition imposed by the respondent to produce 10 years old vehicle and also to obtain permit within 30 days from the date of posting of the order, she preferred an appeal before the Appellate Tribunal, which has dismissed the appeal on the ground of delay. Hence, this petition.4. Heard.5. The grounds raised by the petitioner that there was non-commun...

Primary Co-operative Agricultural Rural Development Bank, Tipatur. Vs. ...

Court: Karnataka

1. The petition coming on for orders is considered for final disposal.2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.3. The brief facts are as follows: The petitioner is a Co-Operative Bank. First respondent was an erstwhile employee of the Bank. There were allegations of misappropriation against the said respondent. An enquiry having been held in due course, the charges have been held proved and the amount of money that could be recovered from the first respondent has also been determined. In this regard, ilie first respondent had approached the Common Cadre Committee the second respondent seeking direction to the petitioner to release the retirement benefits, which were withheld in anticipation of recovery proceedings being initiated against the first respondent. The said application having been rejected the first respondent had approached this Court in W.P.No. 12801 /08 without making the petitioner a party and had sought for a direction ...

The Sr. Divisional Manager Vs. Dodda Durgappa and Others

Court: Karnataka Dharwad

Reported in: 2012(2)KCCR1328

(Prayer: This Misc First Appeal is filed under Section 173 (1) of M.V.Act, 1988, against the judgment and award dated 02.03.2010 passed in MVC No.123/2009. On the file of the Prl. District and sessions judge cum Member, MACT, Bellary, awarding the compensation of Rs.4,45,000/- with interest at the rate of 6% p.a., from the date of petition till realization.) 1. Nationalized insurance companies after issuing policies sought to be projected as comprehensive policies covering all sorts of risks of the insured-owners of motor vehicles, when are confronted with awards passed by motor accident claims tribunals at the instance of the injured victims or dependents of a victim who has breathed his last in the accident, come up with all sorts of fantastic grounds and points in an appeal even when having not made good any such defence before the tribunal in spite of extending an opportunity to defend their cases and even without any pleading or supporting material having been made good before the...