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Karnataka Court June 2014 Judgments

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Jun 16 2014

K. Srinivas Murthy and Others Vs. The Secretary and Another

Court: Karnataka

Decided on: Jun-16-2014

(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 19756/2007 dated 24.10.2008.) 1. The order passed by the Special Deputy Commissioner, Bangalore, in IN/CR. 227/97-98 dated 31-10-2002 which is confirmed by the Karnataka Appellate Tribunal in appeal No.895/2003 dated 6-11-2007 and further confirmed by the learned singe Judge on 24th October, 2008 in writ petition No.19756/2007 are called in question in this intra Court appeal. 2. Heard Mr.Devanand, the learned counsel appearing for the appellants and the learned Government Advocate appearing for the respondents. According to the appellants, appellant No.1 Sri K.Srinivasa MNurthy is the son of late M.Kempaiah and 2nd appellant Sri S.Govindappa is his brother's son According to the appellants one Krishna Swamy Iyengar was the Jodidhar of a village known as Joti' Navarathana Agrahara. Kempaiah had purchased certain extent of lards in Jodi Navara...


Jun 16 2014

Tarabai W/O Mudgal Rao Kulkarni Vs. Venkatesh S/O Kishan Rao

Court: Karnataka Gulbarga

Decided on: Jun-16-2014

1 R IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH DATED THIS THE16H DAY OF JUNE, 2014 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY REGULAR SECOND APPEAL NO.7126/2008 BETWEEN: Tarabai W/o. Mudgal Rao Kulkarni Since deceased through her LRs., 1. Mudgal Rao S/o. Vishwanath Rao Kulkarni Aged about 40 years Occupation: Government Service R/o. Behind Std. Shop Udayanagar, Near Maya Wine Shop, Jewargi Road Gulbarga 585103 2. Smt. Sunanda Bai W/o. Diwakar Rao Kulkarni Aged about 55 years Occupation: Household R/o. Santhosh Colony Gulbarga 585103 Rukmini Bai W/o. Bhimsen Rao Kulkarni Since deceased by her LRs. 2 3. Bhimsenrao Kulkarni S/o. Ranga Rao Aged about 84 years Occupation: Retired Government Servant 4. Raghavendra S/o. Bhimsenrao Kulkarni Aged about 55 years Occupation: Retired bank employee 5. Prakash S/o. Bhimsenrao Kulkarni Aged about 53 years Occupation: Service 6. Ulhas S/o. Bhimsenrao Kulkarni Aged about 50 years Occupation: Bank Employee 7. Smt. Alaknanda alias Parimala W/...


Jun 13 2014

The Executive Engineer, O and M Division-2, (Electrical) and Others Vs ...

Court: Karnataka Dharwad

Decided on: Jun-13-2014

(Prayer: This Appeal Is Filed Under Section 100 Of C.P.C. Against The Judgment And Decree Dated 22.02.2011 Passed In R.A. No.52/2010 On The File Of The Prl. Senior Civil Judge At Ranebennur, Dismissing The Appeal, Filed Against The Judgment Dated 23.04.2010 And The Decree Passed INO.S. No.11/2010 On The File Of The Addl. Civil Judge And Ii Addl. Jmfc., Ranebennur, Decreeing The Suit Filed For Recovery Of Compensation.) 1. This is an appeal filed by the defendants of an original Suit bearing O.S. No.11/2010, under Section 100 of C.P.C. challenging the judgment passed against them for recovery of compensation in regard to the death of one Basavaraj due to electrocution. Respondents herein are the plaintiffs No.1 to 3 in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court. 2. Suit filed for the relief of recovery of compensation in regard to the death due to electrocution of Basavaraj was decreed on 23.04.2010 granting comp...


Jun 13 2014

Gunashekar Vs. State Of Karnataka By Hosahalli Police

Court: Karnataka Dharwad

Decided on: Jun-13-2014

(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C. Seeking To Quash The Orders In C.C.No.130/2013 Against This Petitioner In Respect Of Issuance Of Non-Bailable Warrant Against Him On 21.1.2014 On The File Of The Civil Judge And Jmfc Kudligi.) 1. The Counsel for the petitioner is absent. Heard the learned High Court Government Pleader and perused the records. 2. This petition is filed by the petitioner seeking quashing of the Non-Bailable Warrant (NBW) issued against the petitioner herein by the learned Civil Judge and JMFC, Kudligi, directing him to produce the absconding accused in the case. 3. The records disclose that a person by name Babu S/o. Raheem is arrayed as accused in C.C.No.130/2013 for the offences punishable under Section 279, 304(A) of IPC R/w. Section 187, 183 of IMV Act. The records further disclose that, the accused was absconding from appearance before the Court. For that reason, on 21.08.2013, the Court issued NBW against the accused. On 30.09.2013, a noti...


Jun 12 2014

Yashodamma and Others Vs. G. Ramesha

Court: Karnataka

Decided on: Jun-12-2014

(Prayer: This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 19/08/2010 passed in MVC No. 61/2009 on the file of the Senior Civil Judge and Motor Accident Claims Tribunal, Tarikere, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimants is directed against the judgment and award dated 19th August 2010, passed in MVC No.61/2009, by the Senior Civil Judge and Motor Accident Claims Tribunal, Tarikere, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.3,56,000/- awarded in favour of the claimants as against their claim for Rs.25,00,000/-, is inadequate. 2. The facts in brief are that, the claimants are the wife and major children of the deceased Gopinatha. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at about 10:30 P.M, on 17-0-2009, when the deceased was coming on the left side of road near Ganapathi...


Jun 11 2014

Siddarai Basavant Padagal Vs. Rudrappa Basayanneppa Padagal and Anothe ...

Court: Karnataka Dharwad

Decided on: Jun-11-2014

(Prayer: This Appeal Is Filed Under Section 43 (l) (u) Of Cpc, Against The Judgment And Decree Dated 21.01.2013 Passed In R.A.No.74/2010 On The File Of The II-Addl. Senior Civil Judge, Belgaum, Allowing The Petition Filed Against The Judgment And Decree Dated 21.06.2010 Passed In O.S.No. 1148/2008 On The File Of The IV-Addl. Senior Civil Judge And Jmfc, Belgaum, Dismissing The Suit Filed For The Permanent Injunction.) 1. The present appeal is filed under Order 43 Rule 1(u) of CPC challenging the order of remand passed by the learned II Additional Senior Civil Judge, Belgaum in R.A No.74/2010. 2. Heard the learned counsel for the appellant and perused the judgment of the trial Court passed by the IV Additional Civil Judge and JMFC, Belgaum in O.S.No. 1148/2008 on 21.06,2010. Plaintiff had filed the suit initially for the relief of permanent injunction and later on got the suit converted into one for the main relief of declaration of title. On the basis of the written statement filed by ...


Jun 11 2014

Shri. Siddarai Basavant Padagal Vs. Shri. Rudrappa Basavanneppa Padaga ...

Court: Karnataka Dharwad

Decided on: Jun-11-2014

1 MSA No.576/2013 R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE11H DAY OF JUNE2014BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA BETWEEN: MSA No.576/2013 (INJ) SHRI.SIDDARAI BASAVANT PADAGAL, AGE:58. YEARS, OCC: SERVICE, R/O H.NO.865, HIREBAGEWADI, TAL & DIST: BELGAUM. (BY SRI.A.B.KONI & SRI.A.B.PATIL, ADVS.) AND:1. 2. SHRI.RUDRAPPA BASAVANNEPPA PADAGAL, AGE:74. YEARS, OCC: COOLIE, R/O H.NO.863, HIREBAGEWADI, TAL & DIST: BELGAUM. THE SECRETARY, GRAM PANCHAYAT, HIREBAGEWADI, TAL & DIST: BELGAUM. APPELLANT (BY SRI.S.B.HEBBALLI, ADV. FOR R1, R2 NOTICE SERVED) RESPONDENTS THIS APPEAL IS FILED UNDER SECTION431)(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED2101.2013 PASSED IN R.A.NO.74/2010 ON THE FILE OF THE II-ADDL. SENIOR CIVIL JUDGE, BELGAUM, ALLOWING THE PETITION FILED AGAINST THE JUDGMENT AND DECREE DATED2106.2010 PASSED IN O.S.NO.1148/2008 ON THE FILE OF THE IV-ADDL. SENIOR CIVIL JUDGE AND JMFC, BELGAUM, 2 MSA No.576/2013 DISMISSING THE SUIT FILED FOR THE PERMA...


Jun 10 2014

M/s. Bhagvathi Express Pvt. Ltd. Vs. New India Assurance Co. Ltd. and ...

Court: Karnataka

Decided on: Jun-10-2014

(Prayer: This RFA is filed under Section 96 of CPC, against the judgment and decree dated 18.12.2010 passed in O.S.No.5221/2000 on the file of the VII-Addl. City Civil Judge, Bangalore, decreeing the suit for recovery of damages.) 1. Though the matter is listed for admission, with the consent of the counsel appearing for the parties, the appeal is heard on merits: The appellant who was the defendant in O.S.No.5221/2000, on the file of the VIIth Additional City Civil Judge, Bangalore, is questioning the legality and correctness of the judgment and decree passed by the court below on 18.12.2010, in the present appeal: 2. The facts leading to this appeal are as hereunder: For better appreciation of facts, the parties would be referred to as per their status before the court below: 3. A suit came to be filed by the New India Assurance Company Limited and MEP Electronics Private Limited for recovery of Rs. 18,30,000/- with interest @ 18% per annum from the date of suit till the date of paym...


Jun 10 2014

Parvathamma Kom Late Puttaiah Vs. State Of Karnataka and Others

Court: Karnataka

Decided on: Jun-10-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Direct The Respondents To Consider Representation Dt.31.10.13, As Per Ann-C and To Give Appropriate Certificate Stating That The Schedule Property Is Not Acquired Under Section-4 Of The Karnataka Industrial Areas Development Act 1966.) 1. The petitioner is before this Court seeking for issue of mandamus to direct the respondents to consider the representation dated 31.10.2013 and issue appropriate certificate stating that the schedule property is not acquired under Section 4 of the Karnataka Industrial Area Development Act, 1966. 2. The petitioner claims to be the owner of the property bearing Sy.No.14/2 measuring 2 acres, 30 guntas situate at Honnenahalli Village, Sompur Bobli, Nelamangala Taluk, Bangalore Rural District. The ownership as claimed has been referred to. 3. The case of the petitioner is that the said item of land is the only available source to the petitioner and other...


Jun 10 2014

Laxmibai and Others Vs. Shantappa P. Kamat and Others

Court: Karnataka

Decided on: Jun-10-2014

(Prayer: This Miscellaneous First Appeal is filed under Section 1.73 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 01.08.2006 passed in MVC No. 54/2004 on the file of the Motor Accident Claims Tribunal, Muddebihal, partly allowing the claim petition and seeking further enhancement of compensation. This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 01.08.2006 passed in MVC No. 54/2004 on the file of the Civil Judge (Senior Division), Member, Motor Accident Claims Tribunal, Muddebihal, awarding a compensation of Rs.2,74,600/- with interest at 6% p.a. from the date of petition till date of realisation.) 1. Heard the learned Counsel for the appellants and the learned Counsel for the respondents. 2. The present appeals are filed in respect of the same judgment and award. The appeal in MFA 12587/2007 is filed by the claimants seeking enhancement of compensation that is awarded and the connec...


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