Karnataka Court March 2011 Judgments
Smt C B Chandravathi W/O a B JayappA. Vs. Sri Victor Joel. S/O Late Jo ...
Court: Karnataka
Decided on: Mar-28-2011
1. Accused in CC No.366/04 on I he file of V Addl. [ Civil Judge (Jr.Dn.) & JMFC. Mysore is the revision petitioner.2. Facts pleaded by the complainant in his private complaint are as under:The accused has issued a cheque of Rs.40.000/ of SBM, Thirumakoodalu, Narasipura Branch, Mysore bearing No.067275 dated.25.02.2000 being the sale value payable by the accused to the complainant. The said cheque was presented. It returned unpaid by endorsement dated 01.03.2000, So, the complainant has issued a legal notice dated 18.03.2000. Received a reply dated 30.03.2000. The accused has denied the liability. So pray for initiating action under Section 138 of Negotiable Instruments Act. PW1 is examined Exhibits P1 to P7 are marked. Accused has entered the witness box and examined as DW1. Exhibits Di to DIG are marked. The learned Trial Judge has disbelieved the defence of cheque being issued as a collateral security and convicted the accused.3. The accused has preferred Crt.A.205/06 on the file of...
Tag this Judgment!Bharathi Ramachandra W/O Ramachandra C/O C.M.Srinivas. Vs. Anaji Rao V ...
Court: Karnataka
Decided on: Mar-28-2011
1. Tenant is in revision against the order dated 20.9.2010 in HRC. 1909/09 on the file of Chief judge, Curt of Small Causes, Bangalore. The petition is posted for admission after notice to the respondents.2. Respondents initiated eviction proceedings against the petitioner from the premises described in the schedule to the petition on the premises that they require it for their own use and occupation to start a bakery. They averred petitioner herein was tenant from 1.7.1993 on a monthly rent of Rs.200/- which was periodically enhanced, and the present rate of rent is Rs.800/- p.m. In this regard, they issued a notice to him calling upon him to vacate, but he failed to comply. Thus, terminating his tenancy with effect from 28.2.2007, they filed eviction petition.3. The tenant resisted the action on the ground eviction proceedings is ill-motivated and with sinister design; he denied they required the premises for their own use and occupation; landlords are speculators in real estate and ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Sri. Waseem @ Waseem Ahmed. S/O. Iqba ...
Court: Karnataka
Decided on: Mar-28-2011
1. As this appeal and cross objection are arising out of a common judgment and award of the Tribunal, they are heard together and disposed by this common judgement.2. For the sake of convenience parties are referred to as they are referred to in the claim petition.3. Brief facts of the ease as pleaded in the claim petition are:That on 03.03.2007 when the claimant was proceeding in a motorcycle as pillion rider on Chintamani Hoskote road near Hirepalya, Kolar a tractor and trailer bearing registration No.KA-07-T-6999-T-7001 came with high speed in a rash and negligent manner and took turn on right side and dashed against the motorcycle. Due to the impact the claimant foil down and sustained grievous injuries. Hence, he filed a claim petition before MACT, Bangalore seeking compensation of Rs. 12.00.000/- and the Tribunal has awarded a compensation of Rs.5,24.600/- with interest at 6% p.a.4. Aggrieved by the award of the Tribunal the insurer of offending vehicle has preferred MFA 8439/200...
Tag this Judgment!Union of India, Reptd. by Its Chief Secretary. Vs. Smt. Anjali Geetha ...
Court: Karnataka
Decided on: Mar-28-2011
1. Defendants in O.S 3189/2010 pending on the file of XL Addl. City Civil at Bangalore (CCH-41) has come up in this appeal challenging the common order dated 23.10.2010 passed on I.A. 2 and I.A. 4 in the aforesaid suit.2. Brief facts leading to this appeal are as under: The appellants herein are defendants in O.S. No.3189/2010. The said suit is filed for the relief of permanent injunction against defendant nos. 1 and 2. contending that the plaintiff is the absolute owner in possession and enjoyment of the suit schedule property-having acquired the same under a registered sale deeds dated 09.06.2005 and 11.07.2005. The plaintiff has filed several applications out of them order passed on I.A. 2 and I.A. 4 are the subject matter of this appeal.3. I.A. 2 is filed under Order 39 Rule 1 and 2 r/w. Section 151 of CPC seeking temporary injunction against defendant no.2 - Defence Estate Officer from demolishing or dismantling the wall of the suit schedule property and I.A 4 is filed under Secti...
Tag this Judgment!Francis Monthero. S/O.Salvadhoor Monthero, and anr. Vs. State of Karna ...
Court: Karnataka
Decided on: Mar-28-2011
1. The appellants are the petitioners in WP.No.22219-20/2010. Being aggrieved by the order dated 24-8-2010 passed by the learned Single Judge wherein the learned Single. Judge dismissed the writ petitions upholding the order passed by the Authorities below, the appellants have preferred these writ appeals.2. The brief facts of the case are as follows:On receiving the telephonic message that the government timber being illegally transported to the Ambika Saw Mill, Udupi, the Assistant Conservator of Forests, the Technical Assistant to Deputy Conservator of Forests, Kundapur and the Range Forest Officer, Udupi visited the Ambika Saw Mill, Udupi on 22-11-2003 and found fresh Nandi logs unloaded in the Saw Mill yard. When examined the said Nandi logs, there was no clear and visible government hammer marks affixed on any of the logs regarding granting of transport permit. The owner of the Saw Mill was asked to produce the relevant documents. The Saw Mill owner produced a Transit Permit No. ...
Tag this Judgment!The Divisional Controller, K.S.R.T.C. Vs. Sri K.M.Raje Gowda, S/O. Lat ...
Court: Karnataka
Decided on: Mar-28-2011
1. The respondent is working as a conductor in the petitioner Corporation. On 7.2.1997, when the respondent was on duty conducting bus No. 1313 on scheduled route Dabbe to Belur, checking was conducted by the squad and it was found that, the respondent was in possession of excess cash of Rs.100/-. It is also the case of the petitioner that, on 21.11.2002, the respondent while conducting the petitioner's bus on the scheduled route Mudigere to Belur, stopped nearby Kasagebyle Church at Gonibeed to allow the passengers to alight the bus and while the passengers alighted the bus at the destination, gave signal to the driver to move the bus and on account of the movement of the bus, a 9 year old boy fell down and was injured while he was alighting the bus. According to the petitioner, there was negligence in the discharge of duty by the respondent and on account of the said injury, the petitioner was subjected to loss by making payment of compensation to the injured. The petitioner further ...
Tag this Judgment!The Chief Superintendent (Bsnl), Central Telegraph Office, and ors. Vs ...
Court: Karnataka
Decided on: Mar-28-2011
1. The applications filed by the respondents under S.33-C (2) of Industrial Disputes Act, 1947 (for short 'the Act'), against the petitioners having been allowed by an award dated 30.11.2005, this writ petition has been filed to quash the said award.2. The respondents originally were appointed as Telegraphmen at Central Telegraph Office, Bangalore and were promoted to the cadre of Jamedar on the basis of seniority-cum fitness under 20% scheme and thereafter to the cadre of telegraph Overseers. The petitioners introduced a scheme of promotion to the Telegraphmen w.e.f 30.11.1983 i.e., One time Bound Promotion (OTBP) with pay scale of Rs.800 - 1,150/- and was made available to the Telegraphmen, who completed 16 years of service. Telegraphmen, who completed 26 years of One more promotion scheme called Biannial Cadre Review (BCR) with pay scale of Rs.950 - 1,400/- was introduced w.e.f 01.01.1986 and was made available to the service.3. The 5th Pay Commission recommendations were implemente...
Tag this Judgment!M/S. Toyota Kirloskar Motor Private Limited, Rep. by M.K. Srikanth, Vi ...
Court: Karnataka
Decided on: Mar-28-2011
(Prayer: This CEA is filed under Section 35G of the Central Excise Act, 1944 arising out of Order dated 5-8-2008 praying to decide the substantial question of law stated therein, set aside the CESTAT, South Zone Bench, Bangalore in Final Order No. 984/2008 dated 5/8/2008. This CEA filed under Section 35G of the Central Excise Act, 1944 arising out of Order dated 5-8-2008 passed in Final Order No. 984/2008, praying to decide the substantial question of law stated therein, set aside the CESTAT, South Zone Bench, Bangalore in Final Order No. 984/2008 dated 5/8/2008 and allow the appeal in the ends of justice and equity.) 1. The revenue as well as the assessee have preferred the appeal against the order passed by the Tribunal. 2. The assessee availed input service tax credit among other things for the function arranged for Kannada Rajyostava Day and colour photography expenses in respect of the inaugural function of Kengeri Police Station. The expenses incurred in respect of Catering servi...
Tag this Judgment!M/S S R S Travels, Bangalore by Its Proprietor K T Rajashjekar and Oth ...
Court: Karnataka
Decided on: Mar-28-2011
(Prayer: Writ Appeal Nos. 170-196/2009 are filed u/s 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 33120-121/2003 and W.P.No.33237-39/2003 C/w. W.P. Nos.48429-38, 46814, 46815, 46816, 46817, 49936, 49937, 51804-07/2003 and 8512-13/2004 dated 16.12.2004. 1. These appeals arise out of and are directed against the order passed by the learned single Judge of this Court in W.P. Nos.33120 to 33121 of 2003 and connected cases dated 16.12.2004, wherein the learned single Judge has held that the writ petitions filed by the Karnataka State Road Transport Corporation (KSRTC) Staff and Workers Federation in W.P. Nos. 8512 and 8513 of 2004 are maintainable and Section 3 of the Karnataka Act No.9/2003 – Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003 (hereinafter referred to as ‘the Karnataka Act No.9/2003’) repealing the Karnataka Contract Carriages (Acquisition) Act, 1976 (hereinafter referred to as ...
Tag this Judgment!Mahanth Kumari and Another Vs. S. Vijaya Kumar
Court: Karnataka
Decided on: Mar-28-2011
(Prayer: This RFA is filed U/S 96 Of CPC, against the Judgment and decree dated: 7.12.2009 Passed in OS.No.15077/2003 On the file of the VIII Addl. City Vicil and Sessions Judge, Bangalore (Cch 15), decreeing the suit for ejectment, Mesne Profits and Costs.) 1. This appeal is directed against the judgment and decree, dated 7.12.2009 passed by the Court of the VIII Addl. City Civil Judge (CCH.15), Bangalore in O.S.No.15077/2003. 2. The facts of the case in brief are that one Sri K.R.Nagappa Reddy was the owner of the suit schedule ‘A’ property. A portion of ‘A’ schedule property consisting of 2 shops and 4 houses were leased to the appellants. The leased portions constitute suit schedule ‘B’ property. In a family partition, the suit schedule ‘A’ property was given to Sri Nagappa Reddy’s sons, Sriyuts Dhanpal Reddy and Narayana Reddy. The said Narayana Reddy and Dhanpal Reddy filed H.R.C.No.109/2001 seeking the eviction of the appella...
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