Karnataka Court May 2011 Judgments

State by Cubbonpark . Vs. Sri.G.V.Ramachandra Rao Son of Venkatesha Ra ...

Court: Karnataka

1. The State has filed Criminal Appeal No. 1579/2004 and Criminal Appeal No. 1580/2004 against the judgment's of acquittal of respondent (hereinafter referred to as 'accused’) for offences punishable under sections 409 and 477A IPC by the I-appellate court vide Criminal Appeal No.3/1995 and Criminal Appeal No.2/1995 dated 29.06.2004. Since both the appeals relate to me same accused and offences alleged against him are under sections 409 and 477A IPC and the offences are alleged to have been committed during the period between 25.02.1981 and 31.12.1981 and also during period between 06.01.1982 and 28.12.1982. we deem it proper to decide these two appeals by this common judgment. 2. We have heard Sri G.Bhavani Singh, learned State Public Prosecutor for State and Sri K.A.Chandrashekar, learned counsel for respondent/ace used. 3. In brief, the ease of prosecution is as follows:- During the year 1981-82, the accused was working as a Head Clerk in the South Divisional Office of K.E.B. ...

Palladium Constructions Private Ltd. Vs. Thoh Inamdar Shankarappa Son ...

Court: Karnataka

1. Writ petitioners - two in number who claim ownership in respect, of certain lands situated at Industrial Suburb, Rajajinagar, Bangalore, In terms of sale transaction of the year 2008 are aggrieved that the show cause notice issued by the Assistant Commissioner, Bangalore North Sub-Division. Bangalore [copy at Annexure-A) purporting to be in form No.2 as per rule 3[3] of the Karnataka Scheduled Caste & Scheduled Tribe [Prohibition of Transfer of Certain Lands] Act, 1978 [for short 'the Act] [as submitted by Sri. Omkumar, 'earned Additional Government Advocate, though not so recited in the show cause notice]. being very worked up with such notice under which the Assistant Commissioner has proposed action for resuming the subject land and to restore it in favour of the legal heirs of Thoth Inamdar Shankarappa for the reason that the transaction being in violation of the provisions of the Act. 2. Mr. Dhyan Chinnappa. learned counsel for the petitioners submitted that though normally...

Ms Paramount Computer Network Ltd. Vs. Assistant Provident Fund Commis ...

Court: Karnataka

1. Petitioner an employer within a meaning of the definition of the said term under Section 2(e) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (for short the Act), in relation to the establishment covered under the said V. failed to pay in full the contributions, within the lime stipulated, for the period 1996-1907 10 2000-2001, whence, the notice dated 18 11.2005 was issued to show-cause as to why damages for belated remittance should not be recovered, invoking Section 14-B of the Act. Opportunity of personal hearing though extended on several days of hearing, one Sri. L.S. Ramesh armed with a letter of authority represented the petitioner before the Provident Fund Commissioner. The enquiry revealed that there was short remittances in Account No. 1 for the period 12/98 to 2/2001 and the dues were yet to be remitted. 2. In the hearing held on 16.10.2006, the authorised representative of the petitioner admitted the contents of the checklist to be correct in so ...

A. Aravind Son of C Arivanathan. Vs. A. Arun and ors.

Court: Karnataka

1. Claimant has filed this appeal being not satisfied the order and award passed by the MACT., Bangalore dated 2 5.10.2 005 in MVC Ho.2834/1999 . 2. Appellant was the claimant in the aforesaid claim petition. He filed a petition claiming compensation of Rs.32,30,000/- with interest on account of the injuries sustained by him in a road traffic accident. It is the case of the claimant that on 27.4.1999 at about 6-40. in he was proceeding to Bangalore City from Nagarabhavi Extension as a pillion rider on a motor cycle NO.KA-02-K-5396 driven by his brother. When the motor cycle reached 5th main road 7th Cross, Chamarajpet near T.R.Mill lorry bearing No. MYH-3041 was coming from the opposite direction in a rash and negligent manner and took sudden right turn without giving any indication and dashed against the motor cycle, as a result of which he and his brother fell down and sustained grievous injuries and he was shifted to Victoria Hospital for treatment. A case was registered by the Cham...

A R Viswanath, Son of Rudre Gowda, and ors. Vs. the Deputy Commissione ...

Court: Karnataka

1. Sri D C Jagadeesh, learned counsel for the petitioners, submits that while the petitioners had already undertaken to vacate the subject land and hand over possession to the revenue authorities after harvesting the crop and further submits that subsequent to the order dated 11-1 2011, reading as under: In these writ petitions, at the instance of the purchasers of granted land and which transaction is hit by the provisions of the Karnataka Scheduled Caste & Scheduled Tribe [Prohibition of Transfer of Certain Lands] Act. 1978 [for short 'the Act']; what is questioned is the order of the Deputy Commissioner reversing the order of the Assistant Commissioner who had rejected the application, on the ground that no records were available in his office or before him, to conclude that the subject land was a land granted in favour of a person belonging to scheduled caste/'depressed class. 2. The Deputy (Commissioner, on noticing contemporaneous record, opined that it is a land to which the...

Sri a Mohan Raju Son of S Anantharaju. Vs. the Assistant Commissloner ...

Court: Karnataka

1. Writ petition by purchaser of a land which land had been granted in favour of a scheduled caste person [depressed class person] in terms of a grant order dated 28.04.1952. 2. Subject land was measuring an extent of 2 acres in Sy.No. 1/6, [New Sy.No.27], of Phaganahalli Village, Uttarahalli Hobli, Bangalore South Taluk, granted in favour of one Sri Muninanjappa [3rd respondent herein] a person belonging to depressed class for his personal cultivation with a statutorily imposed condition that the land should not be alienated for good as is to be found in sub-rule (8) of Rule 43 of Mysore Land Revenue Code, 1888 in terms of the then Notification No.R. 7594-604-I..R 266 53-2 dated Bangalore, the 4th August 1953. 3. it appears this land had been transferred in the year 4.10.1967 by the kith and kin of the original grantee in favour of one Sri. C. Srinivas impleaded as 5th respondent, who in turn had sold the land to Sri.B.G. Kencharangappa - the 611' respondent vide registered sale deed ...

Varadaraju at Varadaiah, Son of Chaluvaraju. Vs. State by Hullahalli P ...

Court: Karnataka

1. In this petition filed under Section 439 Cr.P.C. the petitioner who has been arraigned as accused No, 1 in Cr.No.219/10 of Hullahalli Police Station, Nanjangud has sought for an order to enlarge him on bail. 2. The deceased Kamalamma was married to the petitioner herein about 12 years prior to December 2011. According to the case of the prosecution, for about 3 years after the marriage, the deceased and the accused lived in joint family and from out of the said wed lock they have two children. Thereafter they started living separately from the joint family. Later, the petitioner started suspecting the fidelity of his wife and in that regard he used to subject her to mental and physical cruelty. On many occasions, he had sent her to her parental home by assaulting her. In this regard. there were several panchayaths and the petitioner had been advised by elders and neighbours. On 10.12.2010, the petitioner again quarrelled with his wit and accusing her of having illicit relationship w...

Manager National Insurance Co. Ltd. and ors. Vs. Smt. Zareen Taj Wife ...

Court: Karnataka

1. MFA No.11318/2007 and MFA No. 11319/2007 are filed by the insurance company questioning its liability on the basis of contributory negligence and also the quantum of compensation. 2. Claimants in M.V.C. No.23/2007 are wife, son and parents of the deceased. Claimants in M.V.C.No.24/2007 is wife and children of the deceased late Nazeer Sab. 3. Late Mohammed Ibrahim, husband of the claimant - Smt. Zareen Taj in M.V.C.No.23/2003 was son-in-law. Nazeer Sab - husband of the claimant in M.V.C.No.24/2003 was father-in-law. Both the deceased were moving on a Bajaj M-80 scooter from Kadur to Mudigere on 14.9.2002. At about 6.30 p.m., a KSRTC bus bearing Regn. No.13/F-794 came in a high speed and dashed against them, as a result of the impact, both the rider and pillion rider died at the spot. In this regard, wife, children and parents of the deceased Mohammed Ibrahim and wife and children of the deceased Nazir Sab filed two separate claim petitions claiming compensation. The Tribunal on me ba...

Jayaramappa and ors. Vs. Smt. Shanthamma and ors.

Court: Karnataka

1. Appellant is the plaintiff in O.S.No.94/1997, being aggrieved by the judgment and decree dated 28-1 2004. passed by the Principal Civil Judge (Sr.Dn.) and CJM, Kolar. wherein the learned Civil Judge dismissed the suit filed by the plaintiff seeking for specific performance of agreement of sale dated 8-3-1995. However, the defendant was directed to pay Rs. 1,70.000/ to the plaintiff with interest at the rate of 9% p.a. from the date of suit till the payment in full. Further ordered that there shall be charge on the suit property about the said amount by partly allowing the suit with costs, filed this regular first appeal. 2. The defendant being aggrieved by the very same judgment and decree passed by the Civil Judge directing him to pay the advance amount of Rs.1.70.000/- paid by the plaintiff with interest at the rate of 9% preferred Cross Objections. 3. The brief facts of the case are as follows: The appellant/plaintiff filed a suit seeking for specific performance of agreement of ...

Deepak Rajani, Bangalore Vs. K.B. Pampathai Since Deceased by His L.Rs

Court: Karnataka

Reported in: 2012(1)KCCR428

(Prayer: This RFA is filed u/s 96 of CPC against the Judgment and Decree dt. 31.10.2003 passed in O.S.NO.8621/1995, on the file of the XI Addl. City Civil Judge, Bangalore partly decreeing the suit by directing the respondents herein to pay a sum of Rs.9,55,000/- with interest at 6% p.a. and also directing to pay a sum of Rs.1,00,000/- as damages and rejecting the prayer for relief of specific performance.)1. This appeal is filed by the plaintiff in O.S.No.8621/1995 on the file of XI Addl. City Civil Judge, Bangalore being aggrieved by the judgment and decree dated 31-10-2003 insofar as dismissal of the relief of specific performance.2. The material facts of the case leading up to this appeal with reference to the rank of the parties before the trial Court are as follows:O.S.No.8621/1995 was filed by the appellant herein against the respondents-defendants-1 to 3. Defendants-2 and 3 are the children of defendant No.1 and they constitute the joint family. Defendant No.1 was the kartha of...