Karnataka Court August 2012 Judgments

The Branch Manager United India Insurance Company Ltd. Vs. Smt. Lalita ...

Court: Karnataka

Reported in: ILR2012KAR4974

(Prayer:This Mfa Is Filed U/S.173(1) Of The Mv Act, Against The Judgement And Award Dated 11.06.2009 Passed In Mvc No.537/2005 On The File Of Motor Accidents Claims Tribunal No.Iii, Bijapur Partly Allowing The Claim Petition For Compensation And Award Rs.3,18,000/-.)1. This appeal preferred by Insurance Company who had provided cover to the ninth respondent - owner of the motor vehicle bearing Registration No.MH-11/A-3486 which vehicle was involved in a road accident when collision took place between this vehicle and the two-wheeler that had occurred on 27.02.2005 at Devarukh Village, Ratnagiri District, Maharashtra State, resulting in the death of rider of the two-wheeler and therefore the dependents of the said persons i.e. respondents 2 to 8 having filed a claim petition under Section 163A of Motor Vehicles Act, 1988 [for short ‘the Act’] before the Motor Accidents Claims Tribunal No.III, at Bijapur resulting in a Judgment and Order for payment of compensation of Rs.3,81...

The Branch Manager United India Insurance Company Ltd. Vs. Smt. Lalita ...

Court: Karnataka Gulbarga

(Prayer: This Mfa Is Filed U/S.173(1) Of The Mv Act, Against The Judgement And Award Dated 11.06.2009 Passed In Mvc No.537/2005 On The File Of Motor Accidents Claims Tribunal No.Iii, Bijapur Partly Allowing The Claim Petition For Compensation And Award Rs.3,18,000/-.) 1. This appeal preferred by Insurance Company who had provided cover to the ninth respondent - owner of the motor vehicle bearing Registration No.MH-11/A-3486 which vehicle was involved in a road accident when collision took place between this vehicle and the two-wheeler that had occurred on 27.02.2005 at Devarukh Village, Ratnagiri District, Maharashtra State, resulting in the death of rider of the two-wheeler and therefore the dependents of the said persons i.e. respondents 2 to 8 having filed a claim petition under Section 163A of Motor Vehicles Act, 1988 [for short the Act] before the Motor Accidents Claims Tribunal No.III, at Bijapur resulting in a Judgment and Order for payment of compensation of Rs.3,81,000/- in fa...

Mohammed Aslam Pasha and anr. Vs. State of Karnataka, by Tilak Park P. ...

Court: Karnataka

(This Crl.R.P. is filed under S.397(1) Cr.P.C. praying to set aside the conviction awarded by III Addl. Civil Judge and JMFC, Tumkur in C.C.No.1169/2008 dated 28.4.2010 to six months by Appellate Court in Crl.A.No.55/2010 dated 18.09.2010 and acquit the petitioners under S.506 IPC convicted in the above case, in the interest of justice.)ORDER:Challenge in this revision petition is to the Judgments of the Courts below holding the petitioners guilty of the offences under S.506 read with S.34 IPC and the consequential sentence passed.2. The alleged incident took placed on 03.03.2008. PW-1 filed complaint on 18.03.2008. Ex.P1 is the complaint. Case was registered in Crime No.31/2008 for the offences under Ss.504 & 506 read with S.34 IPC and FIR Ex.P3 was sent to the Court. After investigation, charge-sheet was filed against the accused. Accused having appeared in response to the summons, pleaded not guilty and claimed trial. Prosecution, in order to establish its case, examined complai...

T. Younis Vs. National Highways Authority of India, Project Implementa ...

Court: Karnataka Dharwad

(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by the 2nd respondent-authority- arbitrator order dated 17/05/2012 in proceedings vide Annexure-c, in respect of petitioner these writ petitions coming on for preliminary hearing in 'b' group, this day, the court made the following order.) H.G. Ramesh, J. (Oral): These writ petitions are directed against the order dated 17.05.2012 (Annexure-C) passed by respondent no.2 - Arbitrator holding that the application filed by respondent no.1-National Highways Authority of India under Section 3G(5) of the National Highways Act, 1956 ('the Highways Act') is not barred by limitation. 2. I have heard the learned counsel for the parties and perused the impugned order at Annexure-C. 3. Sub-section (6) of Section 3G of the Highways Act states that subject to the provisions of the Highways Act, the provisions of the Arbitration and Conciliation Act, 1996 ('the Arbitration ...

Shri S Krishnappa Vs. State Of Karnataka

Court: Karnataka

ORDERPetitioner was conferred with occupancy rights under the Karnataka Inams Abolition (Amendment) Act, 1981 over 5 guntas of land in Sy.No.39 of Lalbagh Siddapura Village, Kasaba Hobli, by order dated 26.9.1984 in LRF.INA.83/1983-84 and 132/83-84 of the Land Tribunal, Bangalore North, on the premise of being in possession and enjoyment of the said agricultural land for over 30 years, raising a nursery (flowers), also as a residence. The immovable property when included within the territorial limits of the respondent-BBMP, the taxes applicable under the Karnataka Municipal Corporations Act, 1976, for short 'Act', was by operation of law and therefore, petitioner made an application on 22.4.1999 to record his name in the tax assessment registers maintained by the respondent-BBMP in respect of the said land. In response to the said application, the BBMP issued an endorsement dated 11.5.1999 calling upon the petitioner to furnish records, which when, complied with, there being no respons...

Chako. Vs. N.R. Police, by State Public Prosecutor

Court: Karnataka

(Prayer: This Crl. R.P. is filed under S.397 r/w 401 Cr. P.C, praying to set aside the judgment dated 27.7.2010 passed by the P.O., FTC, Chikmagalur in Crl.A.No.60/2008, thereby confirming the judgment dated 22.05.2008 passed by the Civil Judge (Jr. Dn.) & JMFC, N.R. Pura In C.C.No.12/2008 and acquit the petitioner in the said offence.)1. Challenge in this Criminal Revision Petition is to a Judgment and order dated 27.07.2010 passed by the learned Presiding Officer of Fast Track Court, Chickmagalur in Crl.A.No.60/2008, whereby, a Judgment and order dated 22.05.2008 passed In C.C.No.12/2008 by the JMFC, N.R. Pura, convicting the accused for the offences punishable under Ss.3(2) and 7(1)(a)(ii) of the Essential Commodities Act 1955 (for short 'Act') was confirmed. The petitioner has been sentenced to undergo simple imprisonment for 3 months and pay fine of Rs.500/- with default clause.2. The prosecution case against the petitioner-accused was initiated on the basis of a report submit...

Aleem PashA. Vs. State of Karnataka, Through East Police

Court: Karnataka

(Prayer: This Crl. R.P. is filed under S.397 r/w 401 Cr. P.C, praying to set aside the judgment and order of conviction and sentence passed by the District and Sessions Judge, Chamarajanagar, in Crl.A.No.2/2007 dated 16.1.2010 and confirming the order of conviction and sentence passed by the Addl. Civil Judge (Jr. Dn.) and JMFC, Chamarajanagar in C.C.No.315/2002 dated 18.1.2007.)1. The petitioner, who has been convicted and sentenced under Ss.279 and 304-A IPC has filed this Criminal Revision Petition. The JMFC at Chamarajnagar convicted the petitioner. On appeal, learned Session Judge at Chamarajnagar maintained the conviction, but, modified the sentence to a certain extent. This petition is directed against the said Judgments and Orders.2. Sri S. G. Kashimath, learned advocate, contended that the accident took place on 19.2.2001, at about 4.30 p.m., while the petitioner was driving his auto from Bisalavadi to Chatra and that the injured Chennigaiah was immediately taken to Chamarajan...

Moulasab. Vs. Thalak Police Station, Rep by State Public Prosecutor

Court: Karnataka

(Prayer: This Crl. R.P. is filed under S.397 r/w 401 Cr. P.C, praying to set aside the judgment and order dated 16.1.2010 in Crl.A.No.59/2008 passed by the learned Addl. District and Sessions Judge, Fast Track Court, Chitradurga, confirming the judgment and order in C.C.No.291/2006 dated 27.6.2008 passed by the learned Civil Judge (Jr.Dn.) and JMFC, Molakalmuru.)1. In this Criminal Revision Petition, Judgment and order dated 16.1.2010, in Crl.A.No.59/2008, passed by the learned Additional District and Session Judge, Fast Track Court, Chitradurga has been challenged. The learned Appellate Judge has affirmed the Judgment and order of the learned JMFC, Molakalmuru, dated 27.6.2008, passed in C.C.No.291/2006, whereby, the petitioner and another person was found guilty of an offence under S.379 IPC and sentenced to undergo one year and three months simple imprisonment and pay fine of Rs.3,000/- and in default, to undergo three months further simple imprisonment.2. Sri H. Kantharaja, learned...

N. Venkatesha Gowda and anr. Vs. the State of Karnataka Rep. by Its Se ...

Court: Karnataka

(Prayer: THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO R3 TO PAY ENHANCED COMPENSATION OF RS.3.00 CRORES PER ACRE FOR HAVING ACQUIRED THE LAND BEARING SY.NO.124/1 MEASURING TO AN EXTENT OF 2 ACRE 27 GUNTAS AND LAND BEARING SY.NO.124/2 MEASURING TO AN EXTENT OF 2 ACRES 30 GUNTAS, SITUATED AT YELACHAHALLI VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT AS PER THE PRESENT PREVAILING MARKED VALUE AND ETC.,)1. Ms Nalina Mayegowda, learned counsel for fourth respondent- beneficiary of the land acquired by the respondents-2 and 3 - board, submits that fourth respondent requires some technical skill on the part of the persons who are offered employment and if the petitioners are ready and willing to undergo ITI training, the cost of which will be met by the fourth respondent and fourth respondent is ready to sponsor the petitioners' candidature for undergoing industrial training and on successful completion of t...

Babusab and Others Vs. Maniksab and Others

Court: Karnataka Dharwad

(Prayer: This RSA is filed under Section 100 of CPC against the judgment and decree dated 31.07.2001 passed in R.A No.55/95 on the file of the 1st Addl. District Judge, Dharwad, sitting at Hubli, dismissing the appeal and confirming the judgment and decree dated 11.7.95 passed in O.S No.112/90 on the file of the Addl. Civil Judge, Hubli.) 1. This is a defendants second appeal against the concurrent finding recorded by the Courts below that the schedule properties are all Shetsanadi lands pertaining to Walikarki service which was granted in favour of Peersab, the father of defendants which enure to their benefit and therefore the plaintiff is entitled to half share in the property which was re-granted in favour of Peersab. 2. For the purpose of convenience, the parties are referred to as they are referred to in the plaint. 3. The subject matter of the suit are agricultural lands situated in Unkal Village of Hubli Taluk, originally an inam village Myadkoppa. They are clearly set out in p...