Karnataka Court May 2011 Judgments
Sri Siddaraju Son of Nanjashetty . Vs. the State of Karnataka
Court: Karnataka
Decided on: May-30-2011
1. This Criminal Petition is filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Crime No.51/2011 of Nanjanagudu Town Police Station, Mysore, for the offences punishable under Sections 417, 455, 468 and 471 of Indian Penal Code. 2. I have heard the learned counsel for the petitioner as well as the learned High Court Government Pleader. I have perused the records. 3. The contents of the FIR discicses that Nanjanagudu Town Police have registered a case in Crime No.51/2011 against the accused-N.Siddaraju for the offences punishable under Sections 417, 465, 468, 471 of Indian Penal Code on the complaint of one D.K.Lingaraju, Chief Executive Officer, Taluk Panchayath, Nanjanagudu Town. It is alleged that trie Grama Panchayath Secretary, N.Siddaraju was on leave from 11.7.2009 to 24.3.2010 as he was suffering from illness. He has submitted a leave application along with Medical Certificate which was issued by the K.R.H...
Tag this Judgment!Mallamma and ors. Vs. N.S.Ramachandrappa and ors.
Court: Karnataka
Decided on: May-30-2011
1. Appellants in this appeal are challenging the legality and correctness of the judgment and decree dated 18-4-2007 passed by the Fast Track Court, Tarikere in R.A.No.30/2005 confirming the judgment and decree dated 11-3-2005 made in O.S.No.250/1992 passed by the Civil Judge (Jr.Dn.), Tarikere wherein the suit filed by the appellants was dismissed. 2. Appellants are the plaintiffs before the court below and they filed a suit for declaration declaring that the plaintiffs are the lawful owners in possession and enjoyment of the suit schedule property being the legal heirs of late Basappa son of Ariyappa, Bheemanna son of Gidda Hanumananna. Further sought for permanent injunction restraining the defendant from interfering. 3. The case of the plaintiffs is that the land bearing Sy.No.248 measuring 10 acres 12 guntas. situated at Bukkambudi village. Shivani Hobli. Tarikere Taluk belongs to one Basappa son of Ariyappa and Bhecmanna son of Gidda Hanumananna and their names were jointly enter...
Tag this Judgment!State by Police ChltradurgA. Vs. R.Vishwasagar and Fapanaik Son of Ram ...
Court: Karnataka
Decided on: May-30-2011
1. The appellant (hereinafter referred to as 'accused') was tried and convicted for offences punishable under Sections 376(2)(c), 313 and 201 IPC. Therefore, accused has filed Crl.A.No. 1141/2005. The Slate MAS filed Crl.A.No. 1 781/2005 for enhancement of sentence. 2. We have heard Sri A.N.Radhakrishna, learned counsel for accused and Sri P.M.Nawaz, learned Additional State Public Prosecutor for State. We have gone through evidence and the impugned judgment. 3. In brief, the case of prosecution is as follows:- The victim hails from a village called Nayakanahatti in Chitradurga District. The victim had lost her parents when she was young and she had been taken care of by her maternal grand mother. The victim was studying in V Standard. At the same time, the victim was working as a ma'dservant. PW17-G.Indiramma suggested that the victim (PW18) could continue her studies in Ekalavya Vimukthi Vidya Samsthe, a Non-Governmental Organisation school run by the accused, which was funded by UNI...
Tag this Judgment!Sri. R.Chanderji Son of Late Raj Gopal. Vs. the State of Karnataka and ...
Court: Karnataka
Decided on: May-30-2011
1. In this writ petition, the petitioner has challenged the endorsement dated 20/9/2003 at Annexure “G" and Annexure "L" dated 4/3/2008,. issued by the respondent No.2 and has sought a direction to respondent No.2 to execute lease-cum-sale agreement and issue possession certificate in respect of site No.2691 at HAL 3rd Stage, Bangalore. 2. It is a case of the petitioner that Site No.645 measuring 30' x 40' (1200 sq.ft.) situated at Domlur 2 Stage, Bangalore, was allotted by 2nd respondent to his daughter Bhuvaneshwari, who was working as Telephone Operator at Raj Bhavan and she died on 3/2/1983, leaving behind the petitioner, his father as the only legal heir; that respondent No.2 had allotted the said site to the petitioner's daughter on the basis of her application by a provisional allotment letter dated 24/10/1978, for a sum of Rs.3,734/- and the petitioner's daughter had paid an initial sum of Rs.934/- on 21/11/1978 being 25% of the sital value and the balance amount of Rs.2,...
Tag this Judgment!Mr. M. Chandran. Vs. National Insurance Co. Regional Office.
Court: Karnataka
Decided on: May-30-2011
1. This appeal is by the claimant seeking for enhancement of compensation in respect of the personal injuries which he has sustained in a motor accident that: took place on 21 02¬2003 at about 9.10 a.m. near Jakkur Aerodrome on the National Highway involving a Toyota Qualis bearing No.TN-72 H 2479 insured with Respondent No. I, owned by Respondent No.2 and driven by Respondent Nc.3 at the relevant point of time. 2. It is the ease of the appellant/claimant that he was aged 59 years and was working as a Senior Gliding Instructor in a private firm drawing a salary of Rs.27,000/- p.m. On 21-2¬2003 at about 9.10 a.m., v/hen the claimant was crossing the road near Jakkur Air Field, a Tata Qualis bearing No.TN-72 H-2479 driven by Respondent No.3 came at a high speed in a rash and negligent manner and dashed against him. As a result of the impact, he sustained fracture of both the bones of left leg fracture of left clavicle and fracture of left inferior range of pelvis and other injuri...
Tag this Judgment!Mr. G.A.Mansoor Alam Khan, Son of G.Abdul Gafoor Khan. Vs. State Bank ...
Court: Karnataka
Decided on: May-30-2011
ORDER J.S.Khehar, C.J (Oral) 1. The petitioner has approached this Court, so as to assail the order passed by the Debt Recovery Appellate Tribunal, Chennai, dated 06.06.2008. The issue agitated at the hands of the learned counsel for the petitioner emerges out of the following observations recorded by the tribunal: "Agreement of guarantee executed by respondent is a continuing one and it col the 2nd respondent is a continuing one and it contains the stipulation that the Appellant Bank is entitled to enforce all or any of its remedies against the collateral security held by the Bank and any forbearance on the part of the Bank shall not release him from the liability. The relevant Clause in the Agreement reads as under: - "We/I further agree that in the case of the Borrower being a Firm, our/my Guarantee and obligations hereunder shall not be affected by any change in the constitution or style of such Firm, whether consisting of or reduced to one individual at any time and in the case of...
Tag this Judgment!D.Lakshmi Wife of Deceased N.Somashekar and ors. Vs. Barkatulla (insur ...
Court: Karnataka
Decided on: May-30-2011
1. This appeal by the claimants is directed against the judgment and award dated 30.11.2005 MVC No.2069/2004 by the MACT., Bangalore; Challenging the negligence of 30% fastened on the deceased and the quantum of compensation that has been awarded by the tribunal. 2. For the sake of convenience parties in this appeal would be referred to by their ranks as they are arrayed in the claim petition before the tribunal. 3. The appellants/claimants are the wife, children and father of deceased Somashekhar. According to them, deceased was aged 40 years, a wood worker earning more than Rs.8000/- per month. He was hale and healthy as on the date of accident. On 23.3.2004 at about 10-30 p.m. when the deceased was crossing Mysore road at Pantharapalya from east to west, Maruti Zen Car bearing Reg.No.KA.31/1291 driven by its driver owned by R-l insured with R-2 at the relevant point of time came at a high speed in a rash and negligent manner and dashed against the deceased. On account of the impact,...
Tag this Judgment!Smt. T. Komala Alias Krishnaveni, Wife of G. Nagaraj. Vs. G. Nagraj So ...
Court: Karnataka
Decided on: May-30-2011
1. This appeal by the wife arises out of the impugned judgment and decree dated 19.12.2005 passed in M.C. No. 1800/2002 on the file of the 1 Additional Principal Judge, Family Court, Bangalore, seeking permanent alimony at the rate of Rs.5,000/- p.m., from 1st of June 1998 till the date of payment and maintenance at the rate of Rs. 1,000/- p.m., to the minor daughter from 01.06.1997, the date of desertion by the respondent / husband. 2. The brief facts of the case are; The appellant and the respondent got married on 22.01.1996 as per their customs and rituals, at Adichunehanagiri Community Hall, Vijayanagar. Bangalore. They were living together peacefully, with cordial relationship. Out of the said wedlock, they have a minor child, by name Indushree. Thereafter, it is the case of the wife that the respondent husband even after six months from the date of delivery, did not take her and the minor daughter to his house. Inspite of several advise from the panchayath, well-wishers, relative...
Tag this Judgment!Sri. Devaraja Son of Munivenkataiah. Vs. the State of Karnataka and or ...
Court: Karnataka
Decided on: May-30-2011
1. These two appeals are arising oval of the same judgment and are taken up together for the purpose of disposal. 2. These appeals has-been filed challenging the judgment dated 2.1.2004 passed by the Special Judge and 2nd Additional District and Sessions Judge, Bangalore in Special case No. 144/2002 convicting the appellants for the offence under Section 342 r/w Section 34 IPC and sentencing them to undergo simple imprisonment for a period of 6 months each and further convicting to them for the offence under Section 363 r/w Section 34 IPC arid sentencing them to undergo simple imprisonment for a period of 4 years each and to pay a fine of Rs.500/- each and further convicting them for an offence under Section 354 r/w Section 34 IPC and sentencing them to undergo S.I. for a period of one year each and further convicting accused No. 1 for offence under Section 376 r/w Section 34 IPC and sentencing him to undergo S.I. for a period of 7 years and to pay fine for Rs. 10,000/- and convicting ...
Tag this Judgment!Smt. Akkayamma Vs. State of Karnataka Rep by Secretary Bangalore and O ...
Court: Karnataka
Decided on: May-30-2011
(Prayer: This Writ Petition is filed Under Articles 226 and 227 of the Constitution of India with a Prayer to quash The Orders Passed By the 2nd Respondent wherein the appeal filed by the Respondents 5 To 7 is allowed in case No. Ra Sc St /203-04 Dated 27.1.2007 Produced As Annexure-A, and The Orders Passed By The 3rd Respondent In Case No.RA SC.ST.10/2009-10 Dated 5.4.2010 Produced as Annexure-B.) 1. Submission of Sri. Rahamathulla Shariff, learned counsel for the petitioner is that the order dated 27.1.2007 (copy produced as Annexure-A to the petition) passed by the Deputy Commissioner in exercise of his appellate power under Section 5A of the Act is in the first instance a had order in law which is the opening submission of the learned counsel even without prefacing this submission with the narration of relevant facts of the case to enable this court to appreciate the submission. 2.Submissionof Sri. Rahamathulla Shariff is that the subject land measuring an extent of 2 acres in surv...
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