Karnataka Court May 2011 Judgments
K.V.Srinivasa, Son of K. Venkataswamy and anr. Vs. the State of Karnat ...
Court: Karnataka
Decided on: May-31-2011
1. This criminal appeal is by A-2 and A-3 before the court below and they call in question Their conviction for the offences punishable under Sections 120 read with 468, 471 and 477-A of the I.P.C. and Sections 13(2) read with 13(1)(c) of the Prevention of Corruption Act, 1988 and the consequent sentence imposed by the trial court. The trial court had sentenced each of the two accused, A-2 and A-3, to three years rigorous imprisonment and to pay a fine of Rs. 10,000/- in respect of each one of the aforementioned offences and had ordered the sentences to run concurrently, with default sentences in case of payment of fine. 2. The prosecution case, in short, is that, A-1 Venkataswamy (dead), A-2 Srinivasa and A-3 Krishnappa, being the office bearers of Bagepally RuralDevelopment Society (BRDS), entered into a criminal conspiracy during the period 1989-90 to obtain pecuniary advantage for themselves in the matter of availing funds from the Council for Advancement of People's Action & Rural...
Tag this Judgment!Srinivas Son of Kada Naik. Vs. State by Sringeri Police
Court: Karnataka
Decided on: May-31-2011
1. This appeal is filed challenging the judgment dated 14.9.2004 passed by the Fast Track Courl-1. Chikkamagalur in S.C. No. 19/1998 convicting the appellant for the offences under Section 448 and 354 IPC and sentencing him to undergo R.I. for a period of six months and to pay a fine of Rs. 1,000/- and for the offence under section 448 IPC and to undergo R.I. for a period of one year and to pay a fine of Rs.2,000/- for offence under Section 354 IPC m default to pay fine amount, to suffer R.I. for a period of three months and six months respectively and further directing that both the sentences shall run separately but the default sentences to run concurrently. 2. It is the case of the prosecution that on 27.10.1997 at about 10.00 am., the accused criminally trespassed into the house of the victim in Kikre village oi Chikkamagalure District and thereafter he has committed forcible sexual intercourse on the victim thereby he is alleged to have committed an offence under Section 448 and 3...
Tag this Judgment!Sri K J Nagaraju Son of. JavarappA. Vs. the Divisional Controller Karn ...
Court: Karnataka
Decided on: May-31-2011
1. Petitioner, a conductor in the respondent-Road Transport Corporation remained absent from duty w.e.f. 26.5.2003 to 31.10.2003 without prior permission or sanction of leave, leading to. initiation of disciplinary proceeding by issuing articles of charge dt. 3.10.2003, followed by appointment of an Enquiry Officer who after extending reasonable opportunity of hearing submitted a report holding the charge? proved. The disciplinary authority, on an independent assessment of the facts and circumstances and evidence on record, held the charges proved and having regard to the past record of service, whence, the petitioner was visited with minor punishment for unauthorised absence, coupled with the fact that there was no justifiable defence for absence due to medical treatment, passed the order dt. 15.10.2005 dismissing the petitioner from service. 2. That order was called in question by a initiating conciliation proceedings under the Industrial Disputes Act, 1947, for short ID Act', whence...
Tag this Judgment!Riaz Son of Hakim Sab. Vs. State of KarnatakA.
Court: Karnataka
Decided on: May-31-2011
1. In this petition filed under Section 439 Cr.P.C, the petitioner who has been arraigned as accused No.1 in C.C.No. 1027/10 on the file of the JMFC, Maddur. roistered for the offences punishable under Sections 143, 120(B). 302. 379 and 201 r/w Section 149 IPC has sought for an order to enlarge him on bail. 2. The case of the prosecution in brief is as under: One Venkatcsha son of Billiyaiah resident of Tailuru Village of Maddur Taluk and one Girish were habitual offenders and were involved in several theft cases and they used to commit theft of valuables like silver and gold and they used to dispose of the stolen valuable articles through accused No. 1 mid others. The said Venkatcsha was not visiting his house regularly and used to remain outside for months together and some times he used to return home alter several months. As the said Venkatesha did not return home for nearly 1:2 years prior to 15.8.2010, the said Billiyaiah lodged a report with the SHO. Maddur Police Station report...
Tag this Judgment!Sri.Velu.M Son of Late S.Muthuswamy and ors. Vs. Smt. Velli Yamma Wife ...
Court: Karnataka
Decided on: May-31-2011
1. The appellants are defendants 1 to 6, 8 and 9 in G S.No. 10840/1990, being aggrieved by the judgment and decree dated 2D7-2003 passed by the 28TH Additional City Civil Judge, Bangalore, wherein the court below decreed the suit filed by the plaintiff/respondent No. 1 herein and declared that the plaintiff is entitled to l/4lh share in the suit schedule- property and the first defendant, defendants 2 to 6. 6 and 9 along with defendant No.7 are also eritillea for l/4lh share each in the suit schedule prot;ertv, haye preferred this appeal. 2. The plaintiff/first respondent herein filed a suit seeking for direction to the first defendant to give 1 /4th share in the suit schedule property by partitioning the suit schedule property into 4 equal shares and to give 1/4th share to the plaintiff and separate possession. In the plaint, she has contended that S.Muthuswamy and Smt. Chinnathayamma are the father and mother of the plaintiff, defendant No.1, father of defendants 2 to 6 and defendant...
Tag this Judgment!Shivamallaiah, Son of Late Muddaiah. Vs. State by Nanjangud Rural Poli ...
Court: Karnataka
Decided on: May-31-2011
1. This appeal is filed by the accused challenging the judgment dated 28.01.2004 passed by the First Additional Sessions Judge, Mysore in S.C.Nos. 139/1997 and 2/1998 convicting the accused for the offences under Sections 498A and 306 r/w. Section 34 IPC and sentencing them to undergo R.I. for a period of 1 year each and to pay a fine of Rs. 5,000/-each for the offence under Section 498A r/w. Section 34 IPC in default to undergo S.I. for a period of 3 months and further sentencing them to undergo R.I. for a period of 5 years and to pay a fine of Rs.3,000/- in default to undergo S.I. for 3 months each for the offence under Section 306 r/w. Section 34 IPC. 2. The case of the prosecution is that the accused Shivamallaiah had married the deceased Maniyamma about 13 years prior to 01.03.1997 and while the deceased was living with the accused in the house of accused No.1 Shivamallaiah at Rajur village, Nanjungud Taluk, the accused had subjected the deceased to cruelty and harassment both phy...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Cabu, Son of Sri Rajagopal. and anr.
Court: Karnataka
Decided on: May-31-2011
1. The 1st respondent claimed compensation from the 2nd respondent/employer and the appellant/insurer on the ground that, when he was a loader in a lorry bearing registration No.KA-05-D~5259, which belonged to the 2nd respondent and insured by the appellant, an accident occurred on 22 06.2006 and as a result, he sustained fracture of left humours apart from others, which resulted in partial permanent disability and reduced his earning capacity. The 2 respondent/employer-insured filed statement admitting the employment and the accident, as well as the claimant having sustained injuries. The appellant filed statement and contested the claim by denying the averments made in the claim petition. Issues having been framed, during enquiry, the claimant got himself examined as PW-1 and examined the doctor as PW-2. Exs.P-1 to P-10 were marked. Other than marking the insurance policy, no other evidence was let in either by the insured or the insurer. On appreciation of the evidence on record, th...
Tag this Judgment!Smt. Honnamma and ors. Vs. the Branch Manager United India Insurance C ...
Court: Karnataka
Decided on: May-31-2011
1. MFA 3761/2005 is preferred by the owner of the vehicle bearing No.KA.06/2215 which is a Stage Carriage bus. MFA 4125/2005 is preferred by United India Insurance Co. Ltd. Both are filed challenging the judgment and award passed in MVC No.823/2001 dated 19.2.2005 passed by the II Addl. Civil Judge (Sr.Dn.) 2. The facts leading to this case are here under :-On 26.11.2000 at about 2.30 p.m. one Honnur Khan was travelling in the bus bearing No. KA.06/2215 from Hiriyur to Y.N.Hoskote and when the vehicle reached Maskal village, it dashed against the tractor-trailer. As a result of which Honnur Khan who was in the bus sustained injuries and died. The claimants being the widow, children and aged parents of the deceased lodged a claim petition contending that the deceased was a passenger in the bus and he died in the accident on account of the rash and negligent driving of the bus by its driver. According to them the vehicle was insured with the appellant-United India Insurance Co. Ltd. 3. T...
Tag this Judgment!B.N. Shivajiganeshan Son of B. Narayana Rao and ors. Vs. the State of ...
Court: Karnataka
Decided on: May-31-2011
1. Petitioners have sought for quashing the notices vide Annexures-'D' to 1 D-25' issued by the 3rd respondent-Town Municipality Council, K.R.Nagar, Mysore District, by which the petitioners were directed to vacate and hand over the vacant possession of the shops occupied by the petitioners on or before 28.2.2011. They have also sought for quashing the public auction notification dated 10.5.2011 vide Annexure-'F' issued by the 3rd respondent for auctioning the shop premises which are in occupation of the petitioners. Thirdly, the petitioners have sought for a direction to the 3rd respondent to consider their representations for extension of lease period in terms of the Circular vide Annexure-'A' dated 26.10.2009 issued by the 1st respondent. 2. The second prayer relating to quashing of auction notification dated 10.5.2011 does not survive for consideration as the auction is put off. 3. It is not in dispute that the petitioners were tenants under the 3rd respondent-Municipal Council. Th...
Tag this Judgment!Siddaraju Son of Siddasetty. Vs. K. Subramanya and ors.
Court: Karnataka
Decided on: May-31-2011
1. This is a claimants appeal seeking enhancement of compensation in respect of judgement and award dated 08.O7.2007 passed in M.V.C.No45l/2001 on the due of Addl.Civil Judge (Sr.Dn.), Mysore. 2. This is a claimant's appeal seeking enhancement of compensation for the accident that occurred on 23.12.2001. 3. The Tribunal on the basis of the evidence on record has awarded compensation of Rs. 1,06,800/-. Unsatisfied with the same, the claimant is before this Court. 4. In the said accident, claimant has suffered crush injury to his height foot. He was an inpatient for about 52 days, The wound certificate discloses that he had sustained lacerated wound over the right foot, dislocation of right ankle joint and fracture of right ankle, etc. He was an inpatient from 23.12.2007 to 12.02.2002. Doctor has stated that there is disability of 32 to 35% to the whole body. In the cross-examination, he has stated the disability will be 20 to 25% to the whole body. The Tribunal has taken 15% disability ...
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