Karnataka Court May 2011 Judgments
Sreenivasa Murthy K L Son of K.S.Laxminarayana Shetty. Vs. the State o ...
Court: Karnataka
Decided on: May-24-2011
1. Since this writ petition is posted for considering the application for disposal of the writ petition at the earliest, it is taken up for final disposal with the consent of the counsel on both sides. 2. In this writ petition, the petitioners who are the legal representatives and sons of one Sri K.S.Laxminarayana Shetty, have challenged the acquisition notifications namely, preliminary notification dated 21/11/1974 (Annexure "M") and final notification dated 19/12/1975 (Annexure "N") and the agreement dated 17/1/2004, executed by the respondent No.2 - B.D.A. in favour of respondent No.4 ac being illegal arid without authority of law and they have sought an order of restraint against the respondents from interfering with land bearing Sy.No.67/2 measuring 34 Guntas situated at Peenya Village, Yeshwanthpur Hobli, Bangalore North Taluk thereinafter, referred to as 'the land in question"). 3. It is the case of the petitioners that their father was the absolute owner of the land in question...
Tag this Judgment!The Oriental Insurance Company Ltd. Vs. Sri. M. Shafiulla and ors.
Court: Karnataka
Decided on: May-24-2011
1. These two appeals are against the order dated 12.08.2009 passed in CR 58/2006 on the file of Commissioner for Workmen's Compensation, Bangalore. First of the appeals M.F.A.6871/2009 is filed by the seeking enhancement of compensation. Whereas appeal in M.F.A.2919/2010 is filed by first respondent Insurance Company challenging the quantum of compensation awarded by the Commissioner in the said proceedings. These two appeals have come up for admission. With the consent of the counsel for appellant in both the appeals, same are taken up for final disposal. 2. Brief facts are as under: Claimant before the Commissioner is a driver of bus bearing No.KA-01-B-31209 belonging to second respondent and insured with die first respondent before the Commissioner. The undisputed facts are that on 29.06.2006, claimant while driving the said bus in the course of his employment under the second respondent met with an accident at about 6.45 in the morning on NH -7 while he was travelling on the said r...
Tag this Judgment!M/S. Sai Poorna Heights Apartment Ownerand#8217;s Association, Rep by ...
Court: Karnataka
Decided on: May-24-2011
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash Annexure-K being the Bill issued by the R2 demanding the balance amount of Rs. 2,01,295/- vide Annexure-K being the bill No. SE337521080 dated 1.8.2010 issued by the second respondent to the petitioner in the name of M/s. Srinivas Developers, Sai Poorna Apartment, Harlekunte Village, Somasundarapalya, HSR Layout Extension, Bangalore.)1. Petitioner is the Apartment Owner’s Association. It has questioned the bill at Annexure-‘K’ issued by the Bangalore Water Supply and Sewerage Board (for short ‘BWSSB’), demanding balance amount of Rs. 2,01,295/- being the arrears of sewerage charges. The respondent-Board have charged the apartment owners Rs. 50/- per month per flat as sewerage charges based on the order issued by the State Government. According to the petitioner’s, charging of Rs. 50/- per month from individual flat owners towards sewerage cha...
Tag this Judgment!Hucha Eraiah Vs. the Thahsildar Bangalore South Thaluk Bangalore
Court: Karnataka
Decided on: May-24-2011
(This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement issued dtd.22.09.10 issued by the respondent vide Ann-D and etc.,) Writ petitioner asserts that in respect of agricultural land measuring an extent of 36 guntas in Sy.No.61 of Ramagondanahalli Village, Kengeri Hobli, Bangalore South Taluk, with considerable effort and perseverance obtained decree for specific performance of an agreement under which the petitioner was entitled to buy the land from one Doddasiddappa and others as per the decree granted in OS No.1812 of 2006 on the file of the Court of II Additional Civil Judge (Jr.Dn.,), Bangalore Rural District, Bangalore. 2. It appears the petitioner armed with the decree and with the court having directed execution of sale deed and having so got sale deed executed and registered, perhaps thought his woes were over and approached the revenue authorities for consequential entries to be made in the revenue records and also fo...
Tag this Judgment!Gulabi Shedty and Another Vs. United Insurance Company Limited and Ano ...
Court: Karnataka
Decided on: May-24-2011
Manjunath, J 1. The appellants who are the claimants in MVC No.946/2002 on the file of the Dist. Jude and Member, MACT, Udupi, have filed this appeal being not satisfied with the compensation awarded by the Tribunal by its order dated 19.11.2004. 2. We have heard the Counsel for the parties. 3. The claimants are the legal heirs of one Sudhakar Shetty who died in road traffic accident occurred on 17.3.1999 at about 10 P.M. near Ajekar on Ajekar-Karkal road. Two vehicles were involved in the accident viz. Regn.No.KA.20/J-5248, Motor Cycle driven by the deceased from Ajekar towards Karkala and another vehicle bearing Regn. No.K.A.19/NTE-5016/98, motor cycle driven by one Melwyn Lobo from Karkala towards Ajekar. In the accident Sudhakar Shetty died. Therefore, his wife and children lodged the claim petition. The claim petition was contested on the ground that the accident did not occur on account of the rash and negligent riding of the Motor Cycle by Melwyn Lobo, but on the other hand it w...
Tag this Judgment!Veeranarayana Traders Rep by Its Proprietor and Others Vs. the State o ...
Court: Karnataka
Decided on: May-24-2011
(These Writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue A Writ of Mandamus or any order appropriate writ or order to the respondents to allow the petitioner to participate and submit the application for the enrollment in registration as registered suppliers of turdal to the R2 the Karnataka Food and Civil Supplies Corporation Limited to the Tender Reference Dtd.22.03.11 copy at Annex-A and B the request for proposal for the enrolment of supplies for the supply of turdal under the Aksharadasoha Scheme Through Nocex Spot Exchange Ltd.) The petitioners have practically sought for quashing Condition No.2 imposed in the Tender Notification dated 22-03-2011 issued by the Karnataka Food and Civil Supplies Corporation Limited for supply of Tur Dal under Akshara Dasoha Scheme. 2. Condition No.2 requires that the persons having own/leased Dal Mill with certain facilities are eligible to apply for registration as supplier with KFCSC Ltd,; the Dal M...
Tag this Judgment!AnjappA. Son of Late Beerappa and ors. Vs. Smt. ThimmakkA. Wo. Doddapp ...
Court: Karnataka
Decided on: May-23-2011
1. This is defendants appeal challenging the Judgment and Decree dated 26.02.2007 made in O.S.No. 170/2003 on the file of Principal Civil Judge [Sr. Dn.] at Kolar. 2. For the purpose of convenience and better understanding the appellants and the respondent are herein after referred to as the defendants and 'the plaintiff as arraigned in the suit. 3. The brief facts of the ease leading to the filing of the appeal may be stated as tinder: On 14.08.2003. the respondent/ plaintiff filed a suit in O.S.No. 170/2003 on the Hie of Civil Judge (Sr. Dn.) at Koiar. against the present appellants/defendants for declaration and permanent injunction in respect of the suit schedule property bearing Survey No.50 measuring 1 acre 14Vi guntas situated at Kaanagamakalahalli village. Ronur Hobli. Srinivaspur faiuk. Kolar District. It is the ease of the plaintiff thai he purchased the suit schedule property under registered Sale deed dated 10.12.2002 from its previous owner Nareppa, son of late Beerappa fo...
Tag this Judgment!international Society for Krishna Consciousness a Society Registered a ...
Court: Karnataka
Decided on: May-23-2011
1. This Regular First Appeal is directed against the Judgment and Decree dated 17.4.2009 in. O.S.No. 7934/2001 passed by the learned IX Addl.City Civil and Sessions Judge, Bangalore decreeing the suit of the plaintiff for declaration of title and injunction and dismissing the counter claim of defendants for decree of permanent injunction. 2, Appellants are defendants 1 to 4, first respondent is the plaintiff and respondents 2 to 8 are defendants 5 to 11 before the Trial Court. In this judgment, for convenience, the parties are referred to as per their status before the Trial Court. Wherever there is underlining, it is ours. 3. It is the case of plaintiff that Sriia Prabhupada, a disciple of Chaitanya Mahaprabhu preached, propogated and spread the philosophy of Krishna Consciousness all over the world, From 1966 and onwards, Srila Prabhupada started a movement under the name and style International Society for Krishna Consciousness (ISKCON) in New York. Within a short span of time the s...
Tag this Judgment!United India Insurance Company Limited, and ors. Vs. Sri. B.K.Prakash ...
Court: Karnataka
Decided on: May-23-2011
1. M.FA.Nos. 12702/2007 and 12703/2007 are by the insurer, questioning the liability as well as quantum of compensation. The children of the deceased had filed M.V.C.Mos.1104 & 1165/2006. In M.V.C.No. 1104/2006. it is alleged that the deceased was earning Rs.3,000/- by way of pension and Rs.5,000/- by way of agricultural supervision, the Tribunal hiking the income of the deceased at Rs.4,500/- giving deduction of 1/3rd has calculated the loss of dependency at Rs.2.52,000/-. In all. it has awarded Rs.2,67,000/-. 2. In M.V.C.No. 1105/2006, the daughter has claimed compensation against the death of her mother. The Tribunal taking the income of the deceased at Rs.2.000/- giving deduction of l/3rd has calculated the compensation at Rs. 1.59.000/- with interest. 3. As against these two awards, the insurer has tiled these two appeals interalia contending that the claimants in both the cases are major children viz., sons and a daughter. They are not entitled for the compensation towards lo...
Tag this Judgment!Pradeepa at Deepu at Lodge Pradeepa, Son of Late KariyappA. Vs. the St ...
Court: Karnataka
Decided on: May-23-2011
1. The petitioner has been arraigned as accused No,3 in C.C.No. 1105/201 0 on the file of the JMFC-1H, Mysore registered for the offenses punishable under Sections 302 and 307 r/w 34 IPC. 2. According to the case of the prosecution, on receipt of the information from Cauvery Hospital, Mysore, the police recorded statement of CW. 1 -Suresh between 1,35 and 2,30 a.m. on 8.7.2010 and based on the said recorded statement, the case in Crime No, 108/10 of Nazalabad Police Station, Mysore came to be registered against unknown persons for the offence punishable under Section 307 read with Section 34 of IPC and investigation was taken up. According to the said statement, at about 8.00 p.m. on 7,7 2010, the complainant along with his friends one Srinivasa, Vinoda, Kirosh, another Vinod and another Srinivas were watching TV programme sitting inside the office of Chamundeshwari Yuvaka Sansha and at that time about 4 persons aged between 25 to 30 years barged into the office of the said association...
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