Court : Karnataka Dharwad
..... it is not in dispute that the nwksrtc bus was damaged in the said accident. .....
Tag this Judgment!Court : Karnataka Dharwad
1 rsa no.1353/2008 r in the high court of karnataka, dharwad bench dated this the30h day of june2014before the hon ble mr. justice a.v.chandrashekara between: rsa no.1353/2008 (res) 1.2. 3.4.5. the government of karnataka, represented by deputy commissioner, bagalkot. the director, public instructions dept. nrupatunga road, bangalore. the deputy director, dept. of public instructions, bagalkot. the block education officer, jamkhandi. the head master, government kannada medium girls high school, banahatti, tq.jamkhandi. (by sri.h.hanumantharayappa, govt.advocate) appellants and:1. kumari shilpa shrishail baragadagi, age:22. years, occ: student, r/o banahatti, tq.jamkhandi. 2 rsa no.1353/2008 2. the principal (high school section), s.r.a. high school, banahatti, tq.jamkhandi. (r1 and r2 served) respondents this appeal is filed under section100of cpc against the judgment and decree dated0612.2007 passed in r.a.no.68/2007 on the file of the prl. civil judge (sr.dn.), jamkhandi dismissing the appeal and confirming the judgment and decree dated2107.2007 passed in o.s.no.48/2007 on the file of the civil judge (jr.dn.), banahatti, partly decreeing the suit filed for declaration and mandatory injunction. this appeal coming on for final hearing this day, the court delivered the following: judgment heard the learned government advocate who appears for the appellants. respondent no.1 served and unrepresented. respondent no.2 are the school authorities. the present appeal is filed under .....
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(prayer: this appeal is filed under section 100 of cpc against the judgment and decree dated 05.12.2007 passed in r.a.no.68/2007 on the file of the prl. civil judge (sr.dn.), jamkhandi dismissing the appeal and confirming the judgment and decree dated 21.07.2007 passed in o.s.no.48/2007 on the file of the civil judge (jr.dn.), banahatti, partly decreeing the suit filed for declaration and mandatory injunction) 1. heard the learned government advocate who appears for the appellants. respondent no.1 served and unrepresented. respondent no.2 are the school authorities. the present appeal is filed under section 100 of cpc challenging the concurrent findings granted against the defendants in o.s.no.48/2007, which was pending on the file of the civil judge (jr.dn.), banahatti and the affirmation of the same by the first appellate court in r.a.no.68/2007. appellants are defendants no.l to 5 in the said suit. respondent no. 1 is the plaintiff in the said suit. respondent no.2 is defendant no.6 in the said suit. parties will be referred to as plaintiff and defendant nos. 1 to 6 as per their ranking given in the trial court. 2. plaintiff chose to file a suit for the relief of declaration that she belongs to 'hindu hatagar' caste and for consequential relief of rectification of her school records by incorporating her caste as 'hindu hatagar' instead of 'hindu lingayat'. accordingtothe plaintiff, she belongs to 'hindu hatagar' caste, which is a backward community and by oversight her .....
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(prayer: this r.f.a. is filed u/s. 96 of cpc against the judgment and decree dated 14.06.2005 passed in o.s.no. 113/98 on the file of the ii addl. civil judge (sr.dn.), belgaum, partly decreeing the suit for partition and separate possession and etc.) 1. plaintiff of o.s.no. 113/98 which was pending on the file of the court of ii addl. civil judge (jr.dn.), belgaum, is before this court by filing an appeal u/s. 96 of cpc. suit filed by him for the relief of partition and separate possession of an immovable urban property bearing cts no. 340 measuring in all 138.79 sqmts in the city of belgaum, has been decreed in part granting 4/9th share only to the plaintiff and 2/9th share + 1/3 share to defendant no.1-tabassum. it is this judgment and decree which is called in question on various grounds as raised in the appeal memorandum amongst other grounds. 2. appellant is the plaintiff is the said suit. first respondent is the first defendant and remaining respondents herein are the defendant nos.2 to 6 in the said suit. parties will be referred to as plaintiff and defendants as per their ranking given in the trial court. 3. facts leading to the filing of the suit before the trial court in o.s.no. 113/98 are as follows: khatunbi was the mother of plaintiff and first defendant and deceased mohammed yusuf who was the husband of defendant no.2 and father of defendant nos.3 to 6. suit schedule properties in question belonged to smt. khatunbi and she died on 14.04.1997. the husband of the .....
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1 in the high court of karnataka at dharwad dated this the19h day of june, 2014 b e f o r e the hon ble mr. justice a.n. venugopala gowda writ petition no.84497/2013 (gm-ksfc) petitioner between: aravind ramachandra anegundi, age: about 50 years, occ: business, r/o. navalagund, tq:dist: dharwad. (by sri aravind d. kulkarni, adv.) and:1. 2.3. karnataka state financial corporation, bo, rayapur, dharwad, rep. by its assistant general manager, c/o. ksfc, bo, rayapur, dharwad 580 009. vasanth ramachandra anegundi, age: about 48 years, occ: business, r/o. navalagund, tq:dist: dharwad. manjunath ramachandra anegundi, age: about 46 years, occ: business, r/o. navalagund, 4.5. 6.7. 8.9. 2 tq:dist: dharwad. prakash ramachandra anegundi, age: about 44 years, occ: business, r/o. navalagund, tq:dist: dharwad. pramilabai, w/o. ramachandra anegundi, age: about 75 years, occ: business, r/o. navalagund, tq:dist: dharwad. parvati, w/o. aravind anegundi, age: about 45 years, occ: business, r/o. navalagund, tq:dist: dharwad. venkatesh aravind anegundi, age: about 40 years, occ: business, r/o. navalagund, tq:dist: dharwad. kum. renuka, d/o. aravind anegundi, age: about 24 years, occ: business, r/o. navalagund, tq:dist: dharwad. sudha prakash anegundi, age: about 38 years, occ: business, r/o. navalagund, tq:dist: dharwad. respondent no.2 to 9 are residing at near ramadevar gudi, brahmin street, post: navalagund, 3 taluk navalagund, dharwad district. respondents this petition is filed under articles .....
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(prayer: these writ appeals are filed u/s.4 of the karnataka high court act, 1961, praying to, set aside the order dated 22.05.2014 passed by the learned single judge vacating the interim relief granted by the learned single judge on 01.04.2014 and extended till further orders on 15.04.2014 tn the writ petition no. 104278-281/20i4 and further be pleased to restore interim relief granted by the learned single judge on 01.04.2014 and extended till further orders on 15.04.2014 in the writ petition nos. 104278-281/2014 and etc.) 1. appellant is before this court under section 4 of the karnataka high court act, 1961, (for short the act) challenging the order dated 22.05.2014 made in w.p. nos. 104278-281/2014 on the file of learned single judge of this court and restore the order dated 15.04.2014 insofar as extending the interim order until further orders. 2. for the purpose of convenience and better understanding, 'the appellant' is hereafter referred to as 'the petitioner' as arraigned in w.p. nos. 104278-281/2014. 3. brief facts of the case leading to the filing of the writ appeals may be stated as under: on 28.03.2014, the appellant-petitioner filed writ petitions against the respondents praying to declare and hold that the words "prevailing market price of such goods in the local area" in the definition of "value of the goods" in section 2 (a) (8-a) of the karnataka tax on entry of goods act, 1979, is unconstitutional, and is beyond the competence of the state legislature .....
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1 rfa no.600/2005 r in the high court of karnataka, dharwad bench dated this the17h day of june2014before the hon ble mr. justice a.v.chandrashekara between: rfa no.600/2005 (dec/inj) 1. sri.chidanandaswamy bellary sri.guru bristayyaswami avadhootmath, a public trust registered under bombay public trust act, numbered as a-1933, bijapur, represented by the second appellant.2. smt.matoshri sharani veerammatai, aged45years, peetadhipathi and trustee of appellant no.1. (by smt.hemalekha k.s., adv.) and: appellants shadaksharayya, calling himself as disciple of chidanandaswamy avadhootmath, resident of halakurki, badami taluk, bijapur district-586101 (by sri.g.r.andanimath, adv.) respondent this appeal is filed under section96of cpc against the judgment and decree dated0702.2005 passed in o.s.no.37/94 on the file of the addl. civil judge (sr.dn.) bellary, dismissing the suit for declaration, possession and injunction. 2 rfa no.600/2005 this appeal coming on for final hearing this day, the court delivered the following: judgment this is an appeal filed under section 96 of cpc challenging the judgment and decree passed in o.s.no.37/1994, under which the suit of the plaintiffs/appellants herein filed for declaration of title and permanent injunction has been dismissed after contest. respondent is the sole defendant in the said suit. plaintiff no.2 is stated to be the trustee of plaintiff no.1-math. according to the plaintiff, schedule properties are the properties of plaintiff no.1- .....
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(prayer: this appeal is filed under section 96 of cpc against the judgment and decree dated 07.02.2005 passed in o.s.no.37/94 on the file of the addl. civil judge (sr.dn.) bellary, dismissing the suit for declaration, possession and injunction.) 1. this is an appeal filed under section 96 of cpc challenging the judgment and decree passed in o.s.no.37/1994, under which the suit of the plaintiffs/appellants herein filed for declaration of title and permanent injunction has been dismissed after contest. respondent is the sole defendant in the said suit. plaintiff no.2 is stated to be the trustee of plaintiff no.1-math. according to the plaintiff, schedule properties are the properties of plaintiff no.1-math. it is further averred that, she was staying in the math and was performing all the religious ceremonies, duties and functions under the guidance of shri guru chidanandaswami avadhoot who expired on 20.04.1992. according to the plaintiffs, shri guru chidanandaswami avadhoot was the swamy of plaintiff no.1- math and that, jagadguru paramahansa shivaramswami bhagyanaver conferred upon the plaintiff sanyashi diksha and consequenlty peetarohana ceremony held on 21.02.1994. defendant had made an attempt to stop the function by filing original suit in o.s.no.15/1994. before the principal civil judge at bagalkot could pass an order of injunction on i.a.no.1, peetarohana ceremony was held on 21.02.1994. therefore, temporary injunction did not survive. according to the plaintiffs, .....
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..... as per the facts of the said case in akkayyamma's case referred to above, the motor accident claims tribunal had committed grave error while computing loss of dependency by applying improper method and that was noticed by the honb'le high court in an appeal filed by ..... insofar as the application of principles relating to the assessment of compensation in motor accident claims cases, to the case on hand is concerned, it useful to refer to a division bench decision of the high court of madras rendered in the case of s. ..... it is further argued that the principlesapplicable for assessing compensation in motor accident claims cannot be made applicable to assess the compensation in a case like this which is ..... the electricity board cannot absolve liability on grounds that accident took place due to illegal act on part of victim in trying to draw power from mainline unauthorisedly when once the death is to be in the context ..... seen that learned judge of the first appellate court has reduced the interest to be payable from 12% to 6% per annum which is normally awarded in motor accident claims tribunal relating to death due to negligence. 22. ..... first appellate court has applied the principles applicable to assessment of compensation in motor accident claims cases relating to death due to negligence. ..... adopted by the learned first appellate court in assessing the compensation based on the principles applicable to the assessment of compensation in motor accident cannot be found fault with. 15. .....
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(prayer: this appeal is filed under section 100 of cpc, against the judgment and decree dated 15.12.2010 passed in r.a.no.23/2009 on the file of the presiding officer, fast track court-iii, hospet, partly allowing the appeal filed against the judgment dated 01.12.2008 and the decree passed in o.s.no.17/2006 on the file of the civil judge (sr.dn.), kudligi, decreeing the suit filed for declaration and partition.) 1. sri.ananda defendant no.4 of an original suit bearing o.s.no.17/2006 is before this court by filing an appeal under section 100 of cpc in rsa no.5174/2011. sri.govindappa defendant no.2 in the said suit bearing o.s.no.17/2006 has filed an appeal in rsa no.5239/2011 and smt.sudheelamma defendant no.5 in the said suit has filed an appeal in rsa no.5240/2011. as all these appeals have arisen out of a common judgment and decree passed in o.s.no.17/2006, they are taken up together for discussion. respondent no.1- anjinappa in these appeals is the plaintiff in the said suit. respondent no.2-krishnappa is the defendant no.1 in the said suit. smt.hemalatha respondent no.4 in these appeals is defendant no.3 in the said suit. parties will be referred to as plaintiff and defendant nos.1 to 5 as per their ranking given in the trial court. 2. suit filed by the plaintiff sri.anjinappa for the relief of partition and separate possession has been decreed as prayed for on 01.12.2008 granting 1/5th share in all the schedule properties. hence, these appellants and sri.krishnappa had .....
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