Karnataka Court April 2016 Judgments
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The Branch Manager, The Oriental Insurance Co. Ltd., rep. by its Sr. D ...
Court: Karnataka
Decided on: Apr-18-2016
(Prayer: This Miscellaneous First Appeal is filed u/s. 173 (1) of MV Act, against the Judgment and Award dated 19.02.2013 passed in MVC No. 535/2012 on the file of Motor Accident Claims Tribunal No. V Bijapur, partly allowing the claim petition and awarding compensation of Rs. 3,29,500/- with interest at 6% p.a.) 1. This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Bijapur in MVC No.535/2012. 2. The facts in brief are: - it transpires that on 11.12.2006, when the deceased Gurulingappa was travelling from Ranjol Village with his friend in a jeep bearing registration No.KA-09/M-4033 as an occupant of the jeep, met with an accident with one Tractor near Srinivas Saradagi cross within the limits of Gulbarga University Police Station, it is averred by the claimants that the deceased sustained fatal injuries due to the motor vehicle accident and consequently died in the District Hospital, Gulbarga. Based on these facts, the claimants being t...
Shrishail and Another Vs. Keerthi and Others
Court: Karnataka Dharwad
Decided on: Apr-18-2016
(Prayers: This miscellaneous first appeal is filed under Section 173(1) of M.V.Act, against the judgment and award dated 4.4.2014, passed in MVC No.2239/2011, on the file of the Presiding Officer, Fast Track Court-II and Member, Addl. MACT, Belgaum, dismissing the claim petition filed U/s.166 of MV Act. This Miscellaneous First Appeal is filed U/Sec.173(1) of MV Act 1988, against judgment and award dated 4.4.2014, passed in MVC No.2239/2011, on the file of Fast Track Court II and Addl. MACT. Belgaum, awarding the compensation of Rs.8,31,000/- with interest at the rate of 8% P.A. from the date of petition till the date of realisation.) This Miscellaneous First Appeal is filed U/Sec.173(1) of MV Act 1988. against judgment and award dated 4.4.2014, passed in MVC No.2239/2011. on the file of the Presiding Officer, Fast Track Court-II and Member, Addl. MACT, Belgaum, Awarding the Compensation of Rs.8,31,000/- with interest at the rate of 8% P.A. from the date of petition till the date of de...
Jyotiram and Others Vs. The Assistant Commissioner and Another
Court: Karnataka
Decided on: Apr-18-2016
(Prayer: This MFA filed under Section 54(1) of L.A. Act, against the judgment and award dated 06.08.2014 passed in L.A.C. No.52/2011 on the file of the Senior Civil Judge, Hukkeri, partly allowing the reference petition for compensation and seeking enhancement of compensation.) H.G. Ramesh, J. 1. Whether this first appeal is to be heard by a Bench of not less than two Judges of this Court or by a Single Judge of this Court? This question is raised by the appellants counsel which needs to be answered. 2. In our opinion, for the following reasons, this first appeal is to be heard by a Single Judge of this Court as the value of the subject matter of this appeal does not exceed Rupees Fifteen Lakhs. 3. This appeal is preferred under Section 54(1) of the Land Acquisition Act, 1894 as amended in Karnataka. The value of the subject matter of the appeal is Rs.11,62,749/- and the appellants have accordingly paid court fee on the said value. 4. Sri S.N. Hatti, learned counsel appearing for the a...
Mallappa and Others Vs. The State of Karnataka, Represented by Addl. S ...
Court: Karnataka Kalaburagi
Decided on: Apr-18-2016
(Prayer: This Criminal Appeal is filed under Section 374 (2) of Cr.P.C., praying to set aside the judgment and order of conviction dated 07/12.08.2010 passed in Sessions Case No.149/2009, by the Fast Track Court-I/II at Bijapur.) 1. The learned counsel for the appellants submitted that the complainant/injured has compromised the matter with the appellants therefore, he may be permitted to implead the defacto complainant as one of the respondents in this case. In view of the compromise entered into between the parties, the learned counsel for the appellants is permitted to implead the defacto complainant as respondent No.2 in this case. The amendment is carried out to that effect. 2. Sri Mahantesh Patil, learned counsel has filed vakalath for respondent No.2. 3. A joint memo has been filed by the appellants and respondent No.2 under Section 482 of Cr.P.C., seeking permission of the Court to permit the appellants and respondent No.2 to compound the offences under Sections 341, 323, 324, ...
Shrishail S/O Mallappa Hedage Vs. Keerthi W/O Shivakumar
Court: Karnataka Dharwad
Decided on: Apr-18-2016
:1. : R IN THE HIGH COUR T OF KARNA TAKA DHARWAD BENCH DATED TH IS THE18T H DAY OF APRI L2016 PRESEN T THE HONBL E MR . JUS TI CE H.BI LLAPPA AND THE HONBL E MR .JUS TICE P .S.DI NESH KUMAR MFA NO.10242 0/201 4 (MV) C/W. MFA NO.10217 9/201 4 (MV) MFA NO.10145 0/201 4 (MV) IN M FA NO.102420/2014 BE TWE EN SHRISHAIL S/O MALLAPPA HEDAGE AGE:47. YEARS , OCC: CONSUL TAN T ENGINE ER (NOW NI L) , R/O: SEC TOR NO.9 , RANI CHANNAMMA MARG, ANJANEYA NAGAR, BELGAUM. ... APPELLANT. (BY SRI VI TTHAL S TEL I, ADVOCATE) AND1. MRS.KE ER THI W /O SHIVA KUMAR AGE: MAJOR, OCC: S ERV ICE , R/O: PARIMALA APAR TM EN T, 1 S T F LOOR, T V TOWER ROAD, JADHAV NAGAR, BE LGAUM2. THE DI VISIONAL MANAGER UNI TED INDIA INSURANCE CO . L TD., D.O. A T MARU TI GALLI , BELGAUM. :2. :3. . 4 . SHIVAJI M GAIK WAD AGE: MAJOR, OCC: BUS INESS, R/O: KOLHAPUR. THE DI VISIONAL MANAGER NEW INDIA ASSURANCE CO . L TD., D O OFFICE A T CLUB ROAD, B ELGAUM. ... RESPONDEN TS (BY SMT.HEMALEKHA K.S ., ADVOCA TE , FOR R.1 , SRI M .K .SOUDA...
The Branch Manager the Oriental Insurance co.ltd., Vs. Mst. Kashibai W ...
Court: Karnataka Kalaburagi
Decided on: Apr-18-2016
1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE18H DAY OF APRIL2016BEFORE THE HONBLE MRS. JUSTICE S.SUJATHA MFA NO.30987/2013 (MV) BETWEEN: THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD., S.S.ROAD, BIDAR COMPLEX, BIJAPUR 586 101 PRESENTLY REPRESENTED BY ITS SR. DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, GULBARGA 585 102 (BY SRI SUDARSHAN M., ADVOCATE) AND:1. 2. SMT. KASHIBAI W/O GURALINGAPPA KUMBAR, AGED ABOUT51YEARS, OCC: HOUSEHOLD WORK, R/AT NAGUR, TQ: AKKALKOT, DIST: SOLAPUR 400 001 GANGADHAR S/O GURULINGAPPA KUMBAR, AGED ABOUT29YEARS, OCC: COOLIE R/AT NAGUR, TQ: AKKALKOT, DIST: SOLAPUR 400 001 APPELLANT23.4. SANGAMANATH S/O GURULINGAPPA KUMBAR, AGED ABOUT22YEARS, OCC: COOLIE R/AT NAGUR, TQ: AKKALKOT, DIST: SOLAPUR 400 001 SRI SHREEMANTH S/O HUSANAYYA GUTTEDAR AGED ABOUT46YEARS, OCC: BUSINESS & OWNER OF THE JEEP No.KA-09/M-4033 R/O SULEPETH, TQ: CHINCHOLI, DIST: GULBARGA 400 001 RESPONDENTS (BY SRI BAPUGOUDA SIDDAPPA, ADVOCA...
Shri. Jyotiram S/O: Yashwant Tipkurle Vs. The Assistant Commissioner
Court: Karnataka Dharwad
Decided on: Apr-18-2016
-1- M.F.A. No.102577/2014 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE18H DAY OF APRIL2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE G.NARENDAR M.F.A. No.102577/2014 (LAC) BETWEEN:1. 2. SHRI. JYOTIRAM S/O. YASHWANT TIPKURLE AGE:67. YEARS, OCC: AGRICULTURE, R/O: MATTIWADE VILLAGE, TQ:HUKKERI, DIST: BELGAUM. SRIPATHI S/O. MAHADEV TIPKURLE (DECEASED BY HIS LRS) 2A. BALAKRISHNA S/O. SRIPATI TIPKURLE AGE:46. YEARS, OCC: AGRICULTURIST, R/O: MATTIWADE VILLAGE, TQ: HUKKERI, DIST: BELGAUM.3.4. APPA S/O MARUTI NAIK, AGE:43. YEARS, OCC: AGRICULTURE, R/O: MATTIWADE VILLAGE, TQ: HUKKERI, DIST: BELGAUM. MAHADEV S/O. DATTU NAIK AGE:39. YEARS, OCC: AGRICULTURE, R/O: MATTIWADE VILLAGE, TQ: HUKKERI, DIST: BELGAUM. (BY SRI S. N. HATTI, ADVOCATE) ... APPELLANTS -2- M.F.A. No.102577/2014 AND:1. 2. THE ASSISTANT COMMISSIONER SUB-DIVISION, BELGAUM, AT, BELGAUM. THE EXECUTIVE ENGINEER, MINOR IRRIGATION BELGAUM, DAK BUNGALOW, SHAHAPUR BELGAUM. ... RESPONDENTS (BY SRI ...
B.N. Susheela @ Susheelamma and Others Vs. National Insurance Co. Ltd. ...
Court: Karnataka
Decided on: Apr-14-2016
(Prayer: This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 20/01/2015, passed in MVC No.6052/2013, on the file of the II Additional Small Causes Judge, XXVIII ACMM, Motor Accident Claims Tribunal, Bengaluru (SCCH-13), partly allowing the claim petition for compensation and seeking enhancement of compensation.) N.K. Patil, J. 1. This appeal by the claimants is directed against the judgment and award dated 20th January 2015, passed in MVC No.6052/2013, by the II Additional Small Causes Judge, XXVIII ACMM, Motor Accident Claims Tribunal, Bengaluru (SCCH-13), (for short, Tribunal ) for enhancement of compensation on the ground that, the compensation of Rs.17,16,500/- awarded in favour of the claimants as against their claim for Rs.60,00,000/-, is inadequate. 2. The facts in brief are that, the claimants are the wife and children of the deceased B.L. Narasimha Murthy. They filed the claim petition under Section 166 of the Motor Vehicles Act, contending that, at ab...
Deepak Kumar and Others Vs. Rathanlal and Others
Court: Karnataka
Decided on: Apr-13-2016
(Prayer: This Crl.A. is filed under Section 454(1) of Cr.P.C. praying to set aside the order dated 21.1.2010 passed by the Fast Track (Sessions) Judge-V, Bangalore city in S.C. No. 7/2003 insofar as it relates to returning of seized material objects 1 to 11, 22 to 41 to the first respondent and to pass an order to direct seized material objects 1 to 22, 22 to 41 to be return to the appellants and etc.) A.V. Chandrashekara, J. 1. Present appeal is filed under Section 454 (1) of Cr.P.C. challenging that portion of the judgment, which relates to the final disposal of M.Os. 1 to 11 and 22 to 41 passed by the learned Presiding Officer, Fast Track Court-V, Bengaluru, in Sessions Case No. 7/2003. 2. Appellant no. 1 was the first accused in the Session Case No. 7/2003. Appellants nos. 2 and 3 are the children born to the deceased wife Radha and the 1st appellant. Charge sheet had been filed against the first petitioner herein and his parents and brother for the offences punishable under Sectio...
R. Gangadharappa Vs. Kondla Nanjamma
Court: Karnataka
Decided on: Apr-13-2016
1. The plaintiff, in a suit for specific performance of contract, is the appellant in this second appeal. Suit was decreed with cost and the defendant was directed to execute a registered sale deed as per the Agreement of Sale in favour of the plaintiff by receiving the balance sale consideration of Rs.15,000/-. The appeal filed by the defendant was allowed and the suit was dismissed by the Lower Appellate Court. Assailing the said Decree, this second appeal was filed by the plaintiff. For convenience, the parties will be referred with reference to their rank in the suit. 2. The plaintiff s case, in brief is that: The suit schedule property was granted to the defendant on 21.07.1994 and he being the absolute owner, executed an agreement dated 17.11.2004, agreeing to sell the suit schedule property for Rs.30,000/- and received Rs.15,000/- as advance amount. It was stated that, since there was Non Alienation Clause for 15 years in the Grant Certificate, the defendant agreed to execute th...
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