Karnataka Court May 2011 Judgments
Suit Kempa Channam Ma Wife of Late Sri K.Siddaiah and ors. Vs. Sri Ann ...
Court: Karnataka
Decided on: May-31-2011
1. These two second appeals arise out of common judgment and decree dated 10.07.1998 in O.S. Nos. 32/1981 and 33/1981 passed by the Civil Judge (Junior Division) at Tumkur and confirmed by common judgment and decree dated 13.08 2004 in R.A. Nos. 60/1998 and 61/1998 passed by the Civil Judge (Senior Division) at Tumkur. 2. Appellant in these two appeals is defendant No. 2, the respondent No. 2 is defendant No. I and respondent No. 1 is the plaintiff in both the suits. The defendants are common in both the suits and plaintiffs are different. For convenience, the parties are referred to their status before the Trial Court. 3. The plaintiffs contend that survey No. 24 ot Bellavi village measures 10 acres 6 guntas. According to the plaintiffs, this survey No. 24 was sub numbered as 24/1 measuring 6 acres 10 guntas and 24/2 measuring 3 acres 36 guntas. The owner of survey No. 24/1 mortgages the same in favour one Susheela Devi as per Ex.P.29 dated 02.1 1 1943. Thereafter one Somashekaraiah s...
Tag this Judgment!Smt. Lakshmamma Wif of Late Hanumanthaiali. Vs. Deputy Commissioner an ...
Court: Karnataka
Decided on: May-31-2011
1. The petitioner is the mother of detenue namely Srinlvasa @ Bethanagere Scena who has been detained under Section 3 (2) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders. Gamblers, Goondas, immoral Traffic Offenders and Slum Grabbers Act, 1985 (hereinafter referred to as 'Act') consequent to the orders passed by the first respondent in MAG (4) MISC:CR/285/2010-11 dated 21.10.2010 marked as Annexure-A. 2. The order of detention was served on the detenue who has been in District Prison, Gulbarga in judicial custody in relation to various cases registered and pending against him. The detaining authority after narrating several grounds, which would indicate that, the activities of the detenue if released on bail would be en dangerous to society, has made the detention order. Thereafter, the order of detention was approved by the State Government oh 27.10.2010. The ease was referred to the Advisory Board and the Advisory Board submitted its opinion on 10.1...
Tag this Judgment!Sri. Ramachendra Reddy, Son of Late Narasiniha Reddy. Vs. Smt. Saraswa ...
Court: Karnataka
Decided on: May-31-2011
1. Though this matter is listed today for Admission, this matter is taken up for Final Disposal with the consent of learned counsel for both sides and their arguments are heard and perused the impugned Judgment and Award. 2. The appellant herein, who is first respondent in Case No.WCA:FC-33:2005 before the learned Workmen's Compensation Commissioner, Kolar, (hereinafter referred to as 'Commissioner' for short), has challenged in this appeal the legality and correctness of the judgment and award dated 26th April 2007, passed in the said case awarding in favour of the claimants therein (who are respectively respondent Nos. 1 to 4 herein), a total compensation of ?3,25,365/- towards death of one Ajaya Ram @ Ajaya, the son of respondent Nos. 3 and 4 (respectively the claimant Nos. 3 and 4) and husband and father of respondent Nos. 1 and 2 herein (who were respectively, claimant Nos. 1 and 2). 3. Case of the claimants before the Commissioner is as under: (i) The deceased Ajaya Ram @ Ajaya w...
Tag this Judgment!Y. U. Krishnaprasad Son of Late Y.K.Upendranath and ors. Vs. State of ...
Court: Karnataka
Decided on: May-31-2011
1. The learned Single Judge of this court has referred the matter to the Division Bench for consideration on 27.01.2011., the writ petition is posted before us for hearing.2. In this writ petition the petitioners have sought for the following reliefs:(a) review the order dt 24.7.2008 in W.P.No 10054/2008 and recall the order and pass appropriate order after hearing the petitioners(b) following the judgment of Hon'ble Supreme Court in HMT House Building Co-operative Societies case, declare that acquisition proceedings initiated in favour of NTI Society vide Notification dt 3.1.1985 bg.No.LAQ(l) 686-83 at ANNEXURE - R and the Notification dt 22.8.1986 bg.No.LAQ(l) 686-83 at ANNEXURE - S and all further proceedings pursuant to these Notifications as infructuous and direct the State Government not to initiate any action in pursuance of the acquisition proceedings in respect of land bearing Sy.No.13/2A and 13/23 of Kodigehalli Village, Yelahanka Hobli, Bangalore North Taluk.(c) declare...
Tag this Judgment!Ms. Raghavendra Enterprises. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: May-31-2011
1. In these writ petitions, petitioner which is a partnership firm has challenged the order dated 11.12.2008 passed by the 3rd respondent in respect of Parimala Theatre (Annexure - 'G') and order bearing even date in respect of Pradeep Theatre as per Annexure – ‘H' and also order passed by the 2nd respondent in respect of Parimala Theatre dated 12.05.2009 as per Annexure - 'J' and order bearing even date in respect of Pradeep Theatre passed by the 2nd respondent as per Annexure - 'K'. 2. The petitioner has averred that it is a registered partnership firm and the property bearing No.290. City Market Square. Kalasipalyam, BangaIore-2 belongs to the 4th respondent. It was initially a vacant land and that the petitioner had approached the managing committee of the 4th respondent as well the State Government to lease out the vacant land on long lease for the erection of a cinema theatre and for exhibition of films. The State Government as well as the Managing Committee of the 4t...
Tag this Judgment!The New India Insurance Co. Ltd., Represented by Its Divisional Manage ...
Court: Karnataka
Decided on: May-31-2011
(This M.F.A. is filed under Section 173(1) of MV Act against the judgment and award dated 3.4.2008 passed in MVC No.3628/2007 on the file of the I Addl. Judge, Court of Small Causes, Member, MACT, Metropolitan Area, Bangalore, (SCCH.No.11), awarding a compensation of Rs.85,000/- with interest @ 6% P.A. from the date of petition till relisation.) This appeal is by the insurer, questioning the liability as ordered in M.V.C.No.3628/2007 dated 3.4.2008 on the file of M.A.C.T., Bangalore. 2. Respondent No.2 herein had filed claim petition seeking compensation for the injury suffered in the road accident that occurred on 3.5.2007 alleging that the motor cycle bearing No.KA-04/EQ-7279 ridden by rider came in a rash and negligent manner and dashed against him. 3. The said claim petition was contested by the insurer interalia denying its liability on the ground that the rider of the motor cycle was none other than the son of insured (owner) and further he did not possess the driving licence to ...
Tag this Judgment!Raghavendra Enterprises Vs. State of Karnataka and Others
Court: Karnataka
Decided on: May-31-2011
In this writ petitions, petitioner which is a partnership firm has challenged the order dated 16-12-2008 passed by the 3rd respondent in respect of Parimala Theatre (Annexure –G) and order bearing even date in respect of Pradeep Theatre as per Annexure –H and also order passed by the 2nd respondent in respect of Parimala Theatre dated 12-5-2009 as per Annexure –J and order bearing even date in respect of Pradeep Theatre passed by the 2nd respondent as per Annexure –K. 2. The petitioner has averred that it is a registered partnership firm and the property bearing No. 290, City Market Square, Kalasipalyam, Bangalore – 2 belongs to the 4th respondent. It was initially a vacant land and that the petitioner had approached the managing Committee of the 4th respondent as well the State Government to lease out the vacant land on long lease for the erection of a cinema theatre and for exhibition of films. The State Government as well as the Managing Committee of th...
Tag this Judgment!The United India Insurance Co. Ltd., Rep by Its Manager Smt. P. Navama ...
Court: Karnataka
Decided on: May-31-2011
(Prayer : This MFA is filed under Section 30(1) of WC Act, against the judgment dated 12.01.2010 passed in WCA/NFC/CR22/2006 on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub-Division 1, Bangalore, awarding a compensation of Rs.1,31,082/- with interest at 12% p.a.) 1. The 1st respondent had filed an application under the provisions of the Workmen Compensation Act, Commissioner, 1923, claiming compensation from the 2nd respondent and the appellant, in respect of the injuries sustained by him in a motor vehicle accident which occurred on 13.10.2005. The 2nd respondent is the owner of Maxi cab Tempo traveler bearing registration No.KA-05-B-3731, which had been insured by the appellant, as on 13.10.2005. The 1st respondent was employed by the 2nd respondent as a driver to drive the said vehicle. An accident involving the said vehicle occurred on 13.10.2005 and the 1st respondent sustained injuries, which arose out of and in the course of his employment. Thoug...
Tag this Judgment!Karnataka State Road Transport Corporation K.H. and ors. Vs. the State ...
Court: Karnataka
Decided on: May-30-2011
1. These two writ petitions, one by Karnataka State Road Transport Corporation, a transport corporation within the scope of Section 3 of the Road Transport Corporations Act, 1950 and as recognized in Chapter-VI of the Motor Vehicles Act, 1988 [for short, the Act] and the other petition, though by two private persons but assigned only one writ petition number by the registry, are all for questioning the legality of an agreement entered into between the states of Karnataka and Andhrapradesh in terms of the agreement dated 7-3-2008 and published in the official gazette of even date, a copy of which is produced at Annexure-A to both the writ petitions. The challenge is in so far as it relates to, covering the permits in the names of existing operators as found in Annexures-VIII and IX to the notification, comprised of as many as 81 and 31 operators respectively, who have been operating on different interstate routes and also having counter signatures in the other state, other than where th...
Tag this Judgment!Rekaha S. Daughter of Sri Shiva Chickku and ors. Vs. State of Karnatak ...
Court: Karnataka
Decided on: May-30-2011
1. In these writ petitions, petitioners have challenged the notification dated 21.04.2004 at Annexure "C issued by respondent Nos.2 and 3 and notification dated 03.02.2005 which is produced at Annexure - 'D' by contending that acquisition has lapsed in the instant case on account of non-compliance with Section 11-A of the Land Acquisition Act. 1894 (hereinafter referred to as the 'Least'). 2. According to the petitioners, the scheduled land bearing Sy. No.87/2 measuring 2 acres 22 guntas at Devanoor Village of Kasaba Hobli. Mysore Taluk was an ancestral properly of one Javaraiah and after his death his successors along with the father of the petitioners succeeded to the said property. During the minority of the petitioners, their grandfather had sold 21 guntas of the said land to one Mohammed Umar Madani on 26.04.2003. Thereafter the Commissioner of the 3,(1) respondent issued notification under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 on 21.04.2004 (herei...
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