Karnataka Court February 2013 Judgments
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P.V. Kamesh Kumar Vs. Thoti Muniyappa and Others
Court: Karnataka
Decided on: Feb-19-2013
(This R.F.A is filed under section 96 of CPC against the judgment and decree dated 26.05.2008 passed in O.S.No.10771/1987 on the file of the XIII Addl.City Civil Judge, Mayohall Unit, Bangalore, dismissing the suit for permanent and mandatory injunction and decreeing the counter claim of defendant no.1 therein.) This appeal is by the plaintiff against the judgment and decree dated 26th May 2008 in O.S No.10771/1987 on the file of the XIII Addl. City Civil Judge, Mayo Hall Unit, Bangalore. 2. Parties are referred to as per their rank in the trial Court. 3. The suit was one for injunction restraining the defendants or their agents or their representatives from causing any sort of interference to the peaceful possession and enjoyment of the plaint schedule premises by the plaintiff (by himself and on behalf of his co- owners) and for grant of mandatory injunction for removal of the twin huts put up by the defendants in the plaint schedule land and on refusal of the defendants to remove th...
Ameena Farhath and Others Vs. the Deputy Director, Bangalore and Anoth ...
Court: Karnataka
Decided on: Feb-18-2013
(This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 28/08/2009 passed in MVC No. 9183/2007 on the file of the Chief Judge, Court of Small Causes, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimants is directed against the common judgment and award dated 28th August 2009, passed in MVC No.9183/2007, by the Chief Judge, Court of Small Causes, Bangalore, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.7,66,400/- awarded in favour of the claimants, after deducting 20% contributory negligence fixed on the part of the deceased, as against their claim for Rs.17,50,000/-, is inadequate. 2. The facts in brief are that, the claimant No.1 is the wife and claimant No.2 is the minor son and claimant Nos.3 and 4 are the parents of deceased Mohammed Farooq. They filed the claim petition under Section 166 of the Motor Vehicles Act, contendin...
Riyaz Pasha and Others Vs. State of Karnataka, by Pension Mohalla Poli ...
Court: Karnataka
Decided on: Feb-18-2013
(These criminal petitions are filed under Section 438 of the Code of Criminal Procedure praying that this Hon'ble court may be pleased to enlarge the petitioners on bail in the event of their arrest in Crime No.190/2012 of pension Mohalla P.S., Hassan, for the offences p/u/s 143, 147, 148, 341, 308, 332, 353, 427 r/w 149 of IPC.) 1. As all these three petitions filed under Section 438 Cr.P.C. relate to one and the same crime case registered by the respondent - Pension Mohalla Police Station, Hassan in Crime No.190/2012, these petitions were heard together and are being disposed of by this common order. 2. Petitioner in Crl.P.No.302/2013 is arraigned as accused No.2. Petitioner in Crl.P.No.368/2013 is arraigned as accused No.11, while petitioner in Crl.P.No.369/2013 is arraigned as accused No.17 in Crime No.190/2012. 3. The aforesaid case has been registered for the offences punishable under Sections 143, 147, 148, 341, 308, 332, 353, 427 read with Section 149 of IPC and Section 3 of Pr...
S.R. Arun Kumar Vs. the State of Karnataka, by the Officer-in-charge o ...
Court: Karnataka
Decided on: Feb-18-2013
(This Criminal Petition is filed under Section 482 of the Cr.P.C praying to quash the proceedings in FIR in Crime No.75/2012 dated 09.09.2012 of V.V.Puram Police Station, Mysore City, pending on the Additional Civil Judge (Jr.Dn) and JMFC-IV Court, Mysore.) 1) In this petition filed under Section 482 of Cr.P.C., the petitioner has sought for quashing the FIR in Crime No.75/2012 of V.V.Puram Police Station, Mysore City, registered for the offences punishable under Section 18 of the Karnataka Treasure Trove Act,1962, Section 25 of the Antiquities and Art Treasures Act,1972, Section 51 of the Wild Life Protection Act, 1972 and Section 102 r/w 41(1) (d) of Cr.P.C. 1973. 2) According to the case of the prosecution, the Assistant Commissioner of Police, City Crime Brach, Mysore City, received a credible information on 09.09.2012 about certain Antiquities and Art Treasures having been stored in House No.503, 5th Floor, Begonia Block, Sankalp Apartment, Yadavgiri, Mysore City and that the pers...
Ravindranath Bajpe Vs. Smt. Sharada Bai and Another
Court: Karnataka
Decided on: Feb-18-2013
(This writ petition is filed under articles 226 and 227 of constitution of in praying to quash the Impugned order dated 07.01.2013 passed by the court of ii additional senior civil judge at Mangalore on I.A. Iii in Lac No. 14/2008 and consequently allow the said application - I.A. no. III in LAC NO. 14/2008 as prayed for vide Ann-A; and etc.) Petitioner claims that his father by name Konchappa Devadiga acquired immovable property measuring 1 acre 72 cents and 0.12 cents in sy.No.8/1A and on his death the revenue registers recorded the name of the petitioner's mother none other than the widow-1st respondent, herein, being the seniormost member in the petitioner's family. According to the petitioner, his mother has no right, title and interest over the immovable properties and the acquisition proceedings commenced by the State to acquire the said property for a public purpose to wit for Bajpe Airport, in the name of the 1st respondent-mother, without notice issued to the petitioner, thou...
Divisional Manager Icici Lombardo General Insurance Co. Ltd., Hubli, N ...
Court: Karnataka Dharwad
Decided on: Feb-18-2013
(This MFA is filed u/s.30(1) of W.C. Act against the order dated 25.7.2007 passed in W.C.No.305/2005 on the file of the Labour Officer and Commissioner for Workmen's Compensation, Koppal District, Koppal.) The insurance company has filed this appeal, assailing the order dated 25.07.2007 passed by the Commissioner for Workmen's Compensation, Koppal, ("W.C.Commissioner" for short) in W.C.No.305/2005 on the point of liability. 2. It is not in dispute that the first respondent- claimant sustained injuries while he was performing his duties as a 'hamal' in respect of tractor-trailer bearing No.KA-37/T-8084 and 8085 on 23/06/2005. 3. It is the case of the first respondent-claimant that on 23/06/2005 while he was discharging his duties as a hamal/coolie in respect of the aforesaid tractor-trailer, while he was bringing a load of firewood to Koppal, when the said vehicle reached Chilavadagi Village, the driver of the tractor applied sudden brake to the tractor. As a result, the first responden...
M/S. Pooja Venture and Another Vs. Shivappa and Others
Court: Karnataka
Decided on: Feb-15-2013
(This Civil Misc. Petition is filed u/S.11(6) of the Arbitration and Conciliation Act, 1996 praying to appoint an arbitrator to resolve the dispute between the petitioners and the respondents as per clause 20 of the joint development agreement dated 12/06/2006 produced at Annexure-a and as per clause 3 of the memorandum of understanding dated 25/02/2009, in the interest of justice and equity.) 1. The petitioners are before this Court praying that an Arbitrator be appointed to resolve the disputes between the petitioners and the respondents as per Clause 20 of the Joint Development Agreement dated 12.06.2006 and Clause 3 of the Memorandum of Understanding dated 25.02.2009. The respondents on being served with the notice have appeared and filed their objection statement to the petition. 2. The case of the petitioners is that the petitioners and the respondents herein had entered into a Joint Development Agreement dated 12.06.2006, whereunder the petitioners had agreed to develop the prop...
The State by Karnataka by Wilson Garden Police, Bangalore Vs. Madhusud ...
Court: Karnataka
Decided on: Feb-15-2013
(Prayer: This Crl.A. is filed under Section 378(1) and (3) Cr.P.C against the judgement and order of acquittal dated 13.07.2012 passed by the XLV Addl. City Civil and S.J., Bangalore in S.C. NO.372/2008 -acquitting the respondent/accused for the offence punishable under Sections 376(2)(f) read with Section 511 of IPC.) The State has challenged the judgment and order acquitting the respondent for the charge under Section 376(2)(f) read with Section 511 IPC on a trial held by Addl. City Civil and Sessions Judge, Bangalore City. 2. The facts reveal that on 09.12.2007 in the morning at about 10.30 a.m., accused (respondent herein) visited the house of victim and took the victim PW3, a minor girl aged about 10 years to his new building situated at Vinayakanagar saying that he would give the key of his house and said to have tried to commit rape on the victim girl. On a complaint, investigation was held and chargesheet was laid against the accused for the offence punishable under Section 376...
Mrs. Bhagyalaxmi and Others Vs. Thiruvar Gopala Krishnan, Major and Ot ...
Court: Karnataka
Decided on: Feb-15-2013
(MFA filed u/s.173 (1) of MV Act against the judgment and award dated: 16.09.2009 passed in MVC.No.646/2006 on the file of I Additional Civil Judge (SR.DN) and Member Mact., Mangalore, partly allowing the claim petition for compensation and seeking enhancement and compensation. MFA.no.974/2010(MV) MFA filed u/s.173 (1) of MV Act against the judgment and award dated: 16.09.2009 passed in MVC.No.646/2006 on the file of I Additional Civil Judge (SR.DN) and Member Mact., Mangalore, awarding a compensation of rs.8,20,000/- with interest at 6% p.a. from the date of petition till realisation. MFA filed u/s.173 (1) of MV Act against the judgment and award dated: 16.09.2009 passed in MVC.No.646/2006 on the file of I Additional Civil Judge (SR.DN) and Member Mact., Mangalore, partly allowing the claim petition for compensation and seeking enhancement and compensation.) 1. The claimants as well as the Insurance Company being aggrieved by the quantum of compensation awarded in MVC No.646/2006 and ...
Rajan Vs. Smt P.A. Laxmidevi and Others
Court: Karnataka
Decided on: Feb-14-2013
(This R.F.A is filed under Section 96(1) of the CPC against the judgement and decree dt. 8.2.08 passed in OS NO.962/86 on the file of the XV Addl. City Civil and Sessions Judge, Bangalore, (CCH.NO.3), decreeing the suit for mandatory injunction.) 1. This appeal is by the fourth defendant against the judgment and decree in O.S.No.962/1986 dated 8th February 2008 on the file of XV Addl.City Civil and Sessions Judge, Bangalore City. 2. Parties would be referred to as per their ranking in the trial court. 3. Suit was one for mandatory injunction directing the defendants to vacate the suit schedule property and deliver vacant possession to the plaintiff. 4. Plaintiff's case is that, she is the owner of the suit schedule property, which form portion of the entire property bearing new No.1, 1 'B' Main Road, Gokul 1st Stage, 3rd Phase, Bangalore-560 054. 5. The total area measures East to West 53 feet, North to South 109 feet. The suit property measures 40 ft x 50 ft. In January 1984, after re...
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