Karnataka Court March 2014 Judgments
Oriental Insurance Co. Ltd. and Another Vs. Savithri Hudge and Another
Court: Karnataka
Decided on: Mar-19-2014
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 17.06.2010 passed in MVC No.4979/2008 on the file of the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bengaluru, awarding a compensation of Rs. 11,42,300/- with interest @ 6% P.A. from the date of petition till deposit.) (Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 17.06.2010 passed in MVC No.4979/2008 on the file of the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. These two appeals respectively by the Insurer and the injured claimant are directed against the same judgment and award dated 17th June, 2010 passed in MVC No.4979/2008, by the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bengaluru, (for short, 'Tribunal'). 2. While the Insurer has filed the appeal, on the ground that,...
Tag this Judgment!Bhanumathi Vs. Bayanna and Others
Court: Karnataka
Decided on: Mar-19-2014
(Prayer: This R.F.A. Filed U/O 41 Rule 1(R) R/W Sec.96 Of Cpc., Against The Judgement And Decree Dt. 09.10.2006 Passed In O.S.No.8127/2002 On The File Of The Xvii Addl.City Civil Judge, Bangalore City (Cch-16) Decreeing The Suit For Permanent Injunction.) 1. This appeal is filed by the 3rd defendant challenging the judgment and decree dated 09.10.2006 passed in O.S.No.8127/2002 thereby decreeing the suit granting permanent injunction restraining the appellant herein and respondents 3 and 4 from interfering with the possession and enjoyment of the suit schedule properties by the plaintiffs/respondents 1 and 2 herein. 2. The suit schedule properties as described in the plaint schedule are site Nos.1 and 2 formed in Sy.No.97/2, Panchayat Khaneshumari No.342/1 and 342/2 situated at Jakkur Village, Yelahanka Hobli, Bangalore North Taluk, Bangalore, measuring East to West 60' and North to South 40'. Plaintiffs claimed that they were the absolute owners in possession of the suit properties wh...
Tag this Judgment!Prabhakar and Others Vs. K. Manjunath Irkal and Others
Court: Karnataka Dharwad
Decided on: Mar-19-2014
(Prayer: This Criminal Petition Is Filed Under Section 482 Of Code Of Criminal Procedure, Praying To Allow This Petition And Quash The Order Dated 27.11.2013 Passed In C.C. No. 285v 2013 By The Learned Prl. Civil Judge and J.M.F.C., Hubli Thereby Taking Cognizance For The Offences Punishable Under Sections 120(B), 204, 420, 465, 468, 471 R/W 34 Of I.P.C. As Against The Petitioners Who Are Accused Nos.5 And 6 Are Concerned.) (Prayer: This Criminal Petition Is Filed Under Section 482 Of Code Of Criminal Procedure, Praying To Allow This Petition And Quash The Order Dated 27.11.2013 Passed In C.C. No. 28^4/2013 By The Learned Prl. Civil Judge and J.M.F.C., Hubli Thereby Taking Cognizance For The Offences Punishable Under Sections 120(B), 204, 420, 465, 468, 471 R/W 34 Of I.P.C. As Against The Petitioners Who Are Accused Nos.1, 2, 3, 4 And 7 Are Concerned.) 1. The petitioners in Crl.P. No.8207/2013 were arrayed as Accused Nos. 1 to 4 and 7 respectively wherein the petitioners in Crl.P. No, ...
Tag this Judgment!Rama Laxman Patil and Others Vs. the State of Karnataka
Court: Karnataka
Decided on: Mar-19-2014
(Prayer: This Criminal Petition Is Filed Under Section 439 Of Cr.P.C. Seeking To Release The Petitioners On Bail In S.C. No. 340/2013 Pending On The File Of The Iii Addl. Sessions Judge, Belgaum, In Kakati P.S. Crime No. 259/2013 For The Offences Punishable Under Section 143, 147, 148, 341, 302, 504, 506 R/W 149 Of I.P.C.) 1. Petitioners are accused nos.1, 2 and 3 in a case bearing S.C. No. 340/2013 on the file of Sessions Court at Belgaum, arising out of Crime No. 259/2013 on the file of Kakati Police Station, Belgaum District. Petitioners are in judicial custody and they have filed application u/S 439 of Cr.P.C. requesting them to be released on bail. Objections have been filed by the learned Govt. Advocate to the bail application. Perused the records. 2. As per the first information lodged by one person by name Vittal Mallappa Patil, a resident of Jamanal village, Belgaum Taluk on 06.07.2013 before the respondent Police Station is that, himself and his brothers and sisters have been...
Tag this Judgment!Oriental Insurance Co. Ltd. and Another Vs. Savithri Hudge and Another
Court: Karnataka
Decided on: Mar-19-2014
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 17.06.2010 passed in MVC No.4979/2008 on the file of the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bengaluru, awarding a compensation of Rs. 11,42,300/- with interest @ 6% P.A. from the date of petition till deposit.) (Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 17.06.2010 passed in MVC No.4979/2008 on the file of the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. These two appeals respectively by the Insurer and the injured claimant are directed against the same judgment and award dated 17th June, 2010 passed in MVC No.4979/2008, by the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bengaluru, (for short, 'Tribunal'). 2. While the Insurer has filed the appeal, on the ground that,...
Tag this Judgment!M/S. Asea Brown Boveri Ltd. Rep by Its Assistant Vice President Vs. th ...
Court: Karnataka
Decided on: Mar-19-2014
(Prayer: This STA Filed U/S 24(1) KST Act, Against The Revision Order Dated: 2.3.2010 Passed In No.Smr/Kst/Dvo-Ii/Cr-25/09-10, On The File Of The Addl. Commissioner Of Commercial Taxes, Zone-Ii, Bangalore, Revising The Order Of Joint Commissioner Dated 30.9.2006 And Re-Fixing The Liability. Dilip B Bhosale, J.: 1. This sales tax appeal under Section 24(1) of the Karnataka Sales Tax Act, 1957 (for short "the Act") is preferred againsi; the order dated 2l,d March 2010 rendered by Additional Commissioner of Commercial Tax (for short "the Second Revisional Authority") whereby, the Second Revisional Authority in exercise of the powers under Section 22-A(l) of the Act revised the order dated 30th September 2006 passed by the Joint Commissioner (for short "the First Revisional Authority") under Section 21(2) of the Act for the assessment year 2002-2003 and confirmed the proposals made earlier vide notice dated 15th June 2009. 2. The Deputy Commissioner of Commercial Tax (Assessment)-21, Banga...
Tag this Judgment!Pankaj Dhirajlal Sanghvi and Another Vs. M/S. Religare Finvest Ltd.
Court: Karnataka
Decided on: Mar-19-2014
(Prayer: This Petition Is Filed Under Section 482 Of The Code of Criminal Procedure, Praying To Quash The Entire Proceedings In C.C.No.32585/2011 Pending On The File Of Xv ACMM, Bangalore, In So Far As The Petitioners Are Concerned.) 1. Accused Nos.3 and 5 in C.C.No.32585/2011 on the file of XV ACMM Court, Bangalore, seeking quashing of the aforesaid proceedings as against them on the ground that they are not necessary parties to the proceedings, which is initiated under Section 138 of the N.I. Act by the complainant “ respondent herein. 2. Admittedly the transaction between complainant -respondent and the first accused “ company is in respect of financing provided by the respondent “ complainant in favour of Vijay Steels Tubes and Fittings Pvt. Ltd., for its business activities. The material available on record discloses that the liability for repayment of entire loan from the first accused “ company is not only by the Managing Director of first accused, but on...
Tag this Judgment!N. Srinivas Vs. V. Narayanaswamy and Others
Court: Karnataka
Decided on: Mar-18-2014
(Prayer: This MFA Is Filed Under Order 43 Rule 1 (R) Of CPC 1908, Against The Order Dated 15.03.2014 Passed On Ia No.2 In E.Misc.No.9/2013 Of The Senior Civil Judge, Chickballapur.) 1. The order passed by the Election Tribunal/Senior Civil Judge, Chickballapur in E.Misc.No.9/2013 on IA.No.2 is called in question in this appeal. 2. Records reveal that the appellant herein was declared elected as Municipal Councilor of City Municipal Council, Chickballapur (Ward No.30). The election of the appellant is questioned by a voter- respondent No.1 herein in E.Misc.No.9/13 in the Court ol Senior Civil Judge, Chikkaballapur. In the said Election Petition, application came to be filed by the 1st respondent herein under Order 39 Rules 1 and 2 of Code of Civil Procedure praying for an order of injunction restraining the appellant herein from casting his vote in the ensuing election of President and Vice President of City Municipal Council, Chickballapur. The election is scheduled to be held on 19.03...
Tag this Judgment!Vasudev and Others Vs. Tukaram Bhimappa Naik and Others
Court: Karnataka Dharwad
Decided on: Mar-17-2014
(Prayer: Rsa Filed U/S. 100 Of Cpc Against The Judgement and Decree Dtd. 27.7.04 Passed In R.A.No.26/99 On The File Of The Civil Judge (Sr. Dn.), Gokak, Allowing The Appeal And Setting Aside The Judgement And Decree Dtd 6.3.99 Passed In Os.No. 196/90 On The File Of The Addl. Civil Judge (Jr. Dn.), Raibag.) 1. Respondents herein were defendants in an original suit bearing O.S. 196/1990, which was pending on the file of Addl. Civil Judge (Jr.Dn.), Raibag. Appellants were plaintiffs in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking before the trial Court. 2. Plaintiffs 1 and 2 were minors at the time of filing suit. One Yellappa is the father of plaintiff Nos. 1 and 2 and husband of plaintiff No.3. Suit schedule properties measuring 1.14 acres in Sy.No.l9/lA/lB/3 and 5 guntas in Sy.No. 19/1A/1B./4 of Khanagal Village, Raibag were the ancestral property of plaintiffs and Yellappa. The said Yellappa sold these properties in favour of three membe...
Tag this Judgment!R.N. Chikkegowda and Others Vs. the Karnataka State Co-operative Marke ...
Court: Karnataka
Decided on: Mar-17-2014
(Prayer: These writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution of India, Praying To Quash The Impugned Order Dt. 12.9.13, Passed By The Hon'ble Karnataka Appellate Tribunal At Bangalore In Appeal No.630/05 [Co-Op] Vide Ann-A and The Order Dt. 11.4.2005 Passed By The R2 Addl. Registrar Of Co-Operative Societies Regarding Confirmation Of Order Of Attachment Of Immovable Properties In Dispute No.A/C and M/D7/'1408/1998-99 Vide Ann-B.) 1. A short question that falls for consideration in these petitions is:- "whether an appeal lies to the Karnataka Appellate Tribunal, against order of attachment of property before passing of the award under Section 103 of the Karnataka Co-operative Societies Act, 1959, as provided under Section 105(l)(e) of the Act?" 2. The controversy has arisen, as the Karnataka Appellate Tribunal (for short, the Tribunal') has held that only against orders of attachment passed by the Registrar under Section 103 of the Karnataka Co-operative Societ...
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