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Karnataka Court May 2011 Judgments

May 25 2011

National Insurance Co. Ltd., Now Represented by Its Regional Manager a ...

Court: Karnataka

Decided on: May-25-2011

(Prayer: M.F.A. No. 6870 of 2005 is filed under Section 173(1) of MV Act against judgment and award dated 02.05.2005 passed in MVC No. 302 of 2002 on the file of the Prl. Civil Judge (Sr.Dn.) and C.J.M. and MACT, Kolar, awarding compensation of Rs. 2,05,000/- with interest at 6% P.A. from the date of petition to the dates of payment in full and directing the appellant herein to deposit the same.) (Prayer: M.F.A.CR.OB. No. 80 of 2006 is filed under Order 41 R22 of CPC, against the judgment and award dated 02.05.2005 passed in MVC No. 302 of 2002 on the file of the Prl. Civil Judge (Sr.Dn.) and MACT, Kolar, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. M.F.A. No. 6870 of 2005 is directed against the judgment and award in M.V.C. No. 302 of 2002 dated 2.5.2005 on the file of M.A.C.T., Kolar. 2. Appeal is by the insurer, questioning the liability whereas, Cross Objection is by the claimant seeking enhancement of compensation. 3. Claimant ha...

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May 25 2011

B. Poornachandra Reddy Vs. State of Karnataka Rep by Its Secretary and ...

Court: Karnataka

Decided on: May-25-2011

(These petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 22.2.2011 made in R.A.(S).No.239/2009-10 by the 2nd respondent, as per Annexure-B and consequently to direct the 2nd respondent to restore the file and to deal with the appeal in accordance with law and etc.,) Persons feeling difficulty in respect of orders passed by revenue authorities in exercise of appellate jurisdiction under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short, the Act) or revisional jurisdiction under Section 136(3) of the Act, can definitely get their grievances solved by filing a suit before civil court, get their rights resolved in respect of immovable properties for the reflection of which rights in the revenue entries statutory provisions are made and if the revenue entry is in any way at variance with the determination made by the civil court, to bring it in conformity with the determination by the civil court. 2. Disputes relati...

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May 25 2011

Y.N. Nagaraj Vs. State of Karnataka and Others

Court: Karnataka

Decided on: May-25-2011

1. Though these matters are posted for orders, with the consent of learned Counsel on both sides, they are heard finally. 2. The petitioners in these writ petitions have challenged the acquisition notifications namely, notification issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the “Act”) dated 25-4-2001 and the notification issued under Section 6(1) of the Act, dated 29-7-2008, which are marked as Annexures-B and J, W.P. No. 18431 of 2009, insofar as the lands are concerned. 3. The petitioner in W.P. No. 18431 of 2009 has averred that he is the owner of land bearing Sy.No.174/1 measuring 2 acres 2 guntas and Sy.No.174/2 measuring 2 acres 4 guntas, comprised in Yadahalli Village, Bannur Hobli, T. Narasipura Taluk, Mysore District, as the said lands are purchased by the petitioner under various registered sale deeds and thereafter, the petitioner’s name has been entered in the revenue records. It is averred that the petitioner h...

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May 25 2011

Oriental Insurance Co Ltd Bangalore, Rep, by Its Regional Manager Vs. ...

Court: Karnataka

Decided on: May-25-2011

(Prayer: This MFA filed U/s 173(1) of MV Act against the judgment and award dated:19/04/2006 passed in MVC No.6666/2004 on the file of the II Addl. SCJ, Member MACT, metropolitan area, Bangalore (SCCH-13), awarding compensation of Rs.4,33,000/- with interest @ 6% P.A. from the date of petition till payment.) 1. Copy of the paper publication filed by the appellant – Company is accepted. Notice to Respondent-5 is held sufficient. 2. Since the appeal is of the year 2006, by consent of parties, the appeal is heard and disposed of on merits 3. The Insurance Company is before this appeal challenging the liability saddled on it by the MACT, Bangalore, dt.19.4.2006 in MVC No.6666/04. 4. The facts leading to this case are as hereunder: The Respondent-1 to 4 are the legal heirs of one Raju @ Rajanna who died in a road traffic accident occurred on 4.5.2004. On which date the deceased was sitting on the engine of a Tractor bearing No.MYU-5158. The said Tractor had also a Trallor bearing regi...

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May 25 2011

United India Insurance Co, Ltd, Rep by Its Divisional Manager R.N. Nay ...

Court: Karnataka

Decided on: May-25-2011

(Prayer: This MFA is filed under Section 173(1) of MV Act against the judgment and Award dated 2.11.2006 passed in MVC no. 54/2003 (old MVC. No.52/2002) on the file of civil judge, (Sr.Dn) and member, Addl Mact, Sagar awarding Compensation of rs. 13,69,000/- with interest at 6% p.a. From the date of petition till Realisation. This MFA is filed under Section 173(1) of MV act against the judgment and award dated 2.11.2006 passed in MVC no.54/2003 on the file of civil judge (Sr. Dn)and member Addl, Mact Sagar, awarding compensation of Rs. 13,69,000/- with interest at 6% P.A from the date of petition till Realisation.) 1. M/s Chandra and Shekar has filed power for R4 in MFA No. 4310/2007 and the same is taken on record. 2. Though these matters are posted for admission by consent of parties, the appeals are heard finally. 3. The United India Insurance Company Limited has filed MFA No. 4310/2007, Oriental Insurance Company Limited is the appellant in MFA No. 2624/2007. Both the Insurance Com...

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May 24 2011

Sri L.Laxmikanta, Son of Laxmana Naik, Vs. State by Superintendent of ...

Court: Karnataka

Decided on: May-24-2011

1. This criminal appeal is by the accused and is directed against the judgment of conviction and sentence passed by the learned Special Judge. Bangalore Urban and Rural Districts. The appellant was convicted for the offences punishable under Sections 7 and 13(l)(d) read with 13(2) of the Prevention of Corruption Act. 1988 ('the Act' for short) and was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.5,000/- in respect of the conviction under Section 7 of the Act and to undergo four years rigorous imprisonment and to pay fine of Rs. 10,000/- in respect of the conviction for the offences punishable under Sections 13(l)(d) and 13(2) of the Act and default sentences were also passed in respect of failure to pay the fine amounts within the time stipulated. 2. The case of the prosecution in short is that, the appellant, while working as the Hostel Warden at the Medical and Engineering College, SC/ST Hostel, Banashankari 1 Stage. Bangalore, demanded and accepted ...

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May 24 2011

Palladium Constructions Private Ltd. Vs. Smt Chikkenamma Wife of Late ...

Court: Karnataka

Decided on: May-24-2011

1. This second appeal is directed against the judgment and decree dated 27.10.2003 in R A. no. 3/200! passed by the District Judge at Mandya. 2. Appellants are defendant Nos. 6 and 7, respondent No. 1 is the plaintiff, respondent Nos. 2 to 13 are the other defendants before the Trial Court. In this judgment for convenience the parties are referred to their status before the trial Court. 3. Plaintiff contends that she is wife of one Chowdaiah and out of this wedlock defendant Nos. 1 to 4 are born. Chowdaiah had taker, defendant No. 5 as his second wife and through her seven children are born and they are defendant Nos. 6, 7, 8, 10, II, 13 and 14. Defendant No. 15 is the purchaser of one of the plaint schedule items. The common proporitor Chowdaiah died on 28.05.1991. The plaintiff demanded a share from the defendants but the same was denied. Further the defendants started alienating the plaint schedule properties without the consent, knowledge and disgruntle to the interest of plaintiff...

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May 24 2011

Bhaskar at Gopi Son of MurugA. Vs. State by Jayanagar Police Station.

Court: Karnataka

Decided on: May-24-2011

1. The petitioner herein has been arraigned as accused No.4 in S.C.No.665/10 on the file of the Fast Track Court-XII, Bangalore City, tie along with other accused persons have been accused of the offences punishable under Sections 147, 148. 302, 120-B and 75 r/w 129 IPC. 2. Case of the prosecution In brief is as under: One Gayathri wife of accused No.1 is the deceased in the case. CW. 1 Balaram is the father and CW.2-Saraswathi is the mother of the deceased. According to the averments in the complaint, accused No.1 and the deceased after loving each other got married on 6.12.2004 by getting their marriage registered before the Registrar of Marriage, Basavanagudi and subsequently on 11.9.2008 their marriage was again performed as per t he Hindu customs and rights in Sri Hari Kalyana Mantapa and thereafter the couple were residing in a rented house in Thyagarajanagar; that after some time accused No.l started suspecting the identity of his wife on the premise that she was receiving repea...

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May 24 2011

The State of KarnatakA. Vs. Sri.Gurumurthy Reddy at Gurumurthy Son of ...

Court: Karnataka

Decided on: May-24-2011

1. This appeal is filed under Section 378 (1) and (3) of Cr.P.C, by the State against judgment of acquittal passed by the Fast Track (Sessions) Court-II, Bangalore dated 14.12.2004 whereby, the respondents 1 to 4 were acquitted under Section 235 (1) Cr.P.C, for offences punishable under Sections 307 r/w 34 I P C. 2. We have heard Sri. Jayatingappa. learned Counsel for respondents-accused and Sri. G. Bhavani Singh, learned S.P.P. for the State. 3. The brief facts leading to this appeal are as follows:- The Inspector of Police, Subramanyapura P.S.. filed charge sheet against the respondents-accused under Section 307 r/w 34 I.P.C., alleging that on 10.08.2001 at about 9.30 a.m., the respondents with common intention of killing PW. 1 - Muniraju and PW.3 - Babn Reddy in connection with land dispute went to the land situate at Shreyas Layout where Babu Reddy (PW.3) was putting up foundation for construction of his house. Accused No.l pointed out Babu Reddy to accused No.2 to 4 and told them ...

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May 24 2011

Smt. Muniyamma and ors. Vs. Sri Suresh Sundaram and ors.

Court: Karnataka

Decided on: May-24-2011

1. Though this mater is listed for orders with consent of respective counsels appearing for the parties and by virtue of the order passed today on the memo filed for acceptance of the paper publication and application filed for condonation of delay, it is taken up for final disposal. 2. This appeal is by the claimants seeking for enhancement of compensation in respect of the death of deceased-V. Nagendra who died in a motor accident that took place on 15.11.2003 about 9.15 p.m. at UCO Hank junction located near Rahena Complex on Hosur Luskhar Road involving the motor cycle bearing Regn. No. KA-01-TC-301. owned by the first respondent ridden by the second respondent and supplied by the third respondent at the relevant point of time. 3. The appellants/claimants who are the mother, brother and sister of the deceased instituted claim petition u/s. 166 of the M.V.Act claiming compensation in a sum of 20,00,000/- from the respondents on account of the death of the deceased. It was their case...

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