Court : Karnataka Dharwad
this r.f.a is filed under section 96 of cpc against the judgment and decree dated 24.08.2006 passed in o.s. no. 112/2001 on the file of the i addl. senior civil judge at bagalkot, dismissing the suit filed for declaration and permanent injunction and etc. this appeal coming for final hearing on this day, court delivered the following:- 1. this is an appeal filed by the plaintiff of o.s. no. 112/2001 under section 96 challenging the judgment and decree passed on 24.08.2006 by the learned first additional senior civil judge, eadami. suit of the plaintiffs for the relief of declaration of title and permanent injunction has been dismissed by considered judgment dated 24.08.2006. respondents herein are the defendant nos.l to 7 in the trial court. parties will be referred to as the plaintiff and defendants as per their ranking given in the trial court. 2. property over which the main relief of declaration of title has been sought by the plaintiff is an agricultural land measuring 3.08 acres in sy. no. 161 of cholachagudd village of badami taluk, bagalkot district. according to the plaintiff, property in question is stated to be the ancestral property of plaintiff and defendant nos.2 to 7 and is situated in the vicinity of banashankari temple of cholachagudd village of badami taluk. every year a fair will be held during the period 'yellu amavasya". normally jatra will be held during january or february according to the english calendar. according to the plaintiff though the property .....
Tag this Judgment!Court : Karnataka Dharwad
(this rfa is filed u/s 96 of cpc against the judgment and decree dt. 15.10.03 passed in o.s.no.39/90 on the file of the civil judge (sr. dn.), sirsi, dismissing the suit for declaration, partition and possession. this appeal coming on for final hearing this day, the court delivered the following:) 1. plaintiff of an original suit bearing o.s.no.39/1990, which was pending on the file of the court of ci/il judge (sr.dn.), sirsi has approached this court by filing an appeal under section 96 of cpc. respondents herein were defendants in the vsaid suit. parties will be referred as plaintiffs and defendants 1 to 7 as per their ranking in the trial court. 2. plaintiff had filed a suit for the reliefs of declaration to the effect that he has become the owner to an extent of vo. share in the suit schedule properties, on the basis of settlement deed executed by mangesh rao in favour of his paternal grand mother ganga bai on 09.08.1939 and for consequential relief of partition and separate possession by metes and bonds and also for mesne profits as contemplated under order 20 rule 12 of cpc. one person by name mangesh rao was the husband of ganga bai. they had two sons namely shankar and vimalanand. the first son shankar separated from his father mangesh rao, who gave some properties during his lifetime. he went out of the joint family somewhere in 1937 and 1938. he had only one son by name krishna, the plaintiff, born out of his first wife kama la. he bad taken a second wife by name .....
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(prayer: this criminal appeal is filed under section 374(2) of code of criminal procedure, 1973, seeking to allow the appeal and set aside the judgment and order of conviction dated 16.11.2009 and sentence dated 21.11.2009 passed by hon'ble prl. district and sessions (spl.) judge, bellary in spl. case no.25/2003 and the appellant may be acquitted.) 1. heard the learned counsel for appellant and the learned special public prosecutor. 2. the appellant was the accused before the court below, against whom allegations of offences punishable under section 13(1) (e) read with section 13(2) of the prevention of corruption act, 1988 (hereinafter referred to as 'the p.c. act', for brevity) was made. the appellant was a public servant who worked as the block development officer of huvinahadagali, bellary district. he had joined service in the year 1968 and as on 29.03.1994 it was alleged that he had acquired assets which were disproportionate to his known sources of income. the check period, therefore, was between 17.05.1968 and 29.03.1994. his house was searched and on seizure of documents, gold and silver ornaments, apart from cash, it was found that he was in possession of assets worth rs.14,11,581/- and on an estimate of the expenditure for his family and other expenses it was arrived at in a sum of rs.10,75,887/- and if these assets and expenditure incurred were added together, it totalled to rs.24,87,468/- whereas the known sources of income from the date of adjoining service till .....
Tag this Judgment!Court : Karnataka Dharwad
..... the circumstances, we are of the opinion the tribunal is justified in dismissing the claim petition on the ground that the accident did not occur due to the rash and negligent driving of the driver of the mahindra jeep. ..... the tribunal has also noticed that if really the appellant had sustained injuries in a road traffic accident occurred due to rash and negligent driving of the mahindra jeep by its driver, the same should have been mentioned in the history sheet when the claimant was admitted to the hospital in addition to that, ..... 14 is the case-sheet maintained by the government hospital wherein the history sheet of the accident has been mentioned by the claimant stating that he had a fall from the motorcycle at about 5.30 ..... having considered the arguments of the parties this court has to consider: whether the accident occurred on account of the rash and negligent driving of the appellant or on account of the rash and negligent driving of the driver of the mahindra jeep? ..... whether the petitioner proves that he has sustained bodily injuries in the motor vehicle accident that occurred on 2-11-2005 at about 5.15 p.m on saundatti-jagulabhavi road, near jagulbhavi within the limits of saundatti-jagulabhavi road, near jagulbhavi within the limits of saundatti police station, on account of rash and negligent driving of mahindra ..... the insurance company contested the case contending that no accident took place on 2-11-2005 due to rash and negligent driving of the driver of the mahindra .....
Tag this Judgment!Court : Karnataka Dharwad
aravind kumar, j. 1. i have heard sri. v.r. datar, learned counsel appearing for writ petitioner. the short point that arise for consideration in this writ petition is: whether the transferee court in an execution proceedings ceases to have the power to execute the decree transferred to it on account of execution petition being dismissed for any reason whatsoever though it has not forwarded a certificate to the transferor court as required under section 41 of c.p.c. 2. facts in brief leading to the filing of this petition can be crystallized as under: (i) respondent decree holder having filed a suit for recovery of money due to it in o.s.no.67/2004 obtained a decree and to enjoy the fruits of the decree, execution petition was filed in the court of senior civil judge, sangli, (hereinafter referred to as transferor court ) state of maharashtra. by order of precept, decree came to be transferred to the court of senior civil judge, hungund (hereinafter referred to as transferee court ) for execution of said decree. (ii) during pendency of the said execution proceedings, petitioner-judgment debtor has paid certain amounts at intervals and it was being adjourned from time to time for further payment. decree holder was required to file a memo of calculation and despite granting sufficient time, same was not filed. matter was listed on 08.06.2012 for filing memo of calculation court and on account of absence of the decree holder and his counsel on the said date, executing court .....
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..... record, the tribunal without appreciating the same in its right perspective has committed an error in holding that the claimant has not established that the bus bearing no.ka-22/f-305 is not involved in the accident and accordingly has committed an error in dismissing the claim petition, which cannot be sustained, it be set aside and the petition of the appellant be considered on merits. 9 ..... that though the police have submitted a "c" report, in view of the fact that the earliest complaint-ex.p1 filed before the police discloses that the bus involved in the accident is an st bus, in view of the evidence of the petitioner and the eyewitness, it clinchingly establishes that the claimant has proved the accident, which has taken place on account of the actionable negligence of the driver of the bus bearing its registration no.ka-22/f-305 ..... placed on record, came to the conclusion that the petitioner has failed to prove that the accident in question has taken place on account of the actionable negligence of the driver of the bus bearing registration no.ka-22/f-305 and the petitioner has also failed to prove, that the bus bearing no.ka-22/f-305 is involved in the accident and accordingly, by the impugned judgment and order dismissed his claim petition. 7. the appellant- ..... the above pleadings, the tribunal framed the following issues: i) whether the petitioner proves that the alleged accident occurred and solely due to rash and negligent driving of bus ka-22/f- 305 of the ksrtc by its driver .....
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..... filed under section 173(1) of the motor vehicles act, against the judgment and award dated 30.9.2009, passed in mvc no.650/2006, on the file of the motor accident claims tribunal, bailhongal, partly allowing the claim petition for compensation and seeking enhancement of compensation, etc.,.) 1. ..... tribunal on appreciation of the same has come to the right conclusion in holding that the accident has occurred due to the contributory negligence of riders of both the motorcycles at the ratio ..... n d respondent who are the insurer of the motorcycle bearing no.ka-22/w-1620 contended that the accident has not taken place on account of the fault of the rider of the motorcycle insured ..... the 4th respondent insurer of the motorcycle bearing no.ka-24/h-3598 also contended that accident has not taken place on account of the fault of the rider of the ..... this goes to show that as on the date of the accident the rider of the motorcycle did not possess valid and effective driving licence to ..... who are the insurers of the two motorcycles involved in the accident contested the petition filed by the appellant/claimant. 6. ..... that goes to show, as on the date of the accident the 1 s t respondent who was the rider of the motorcycle did not possess valid and effective driving licence to ..... issues 1) whether he petitioner proves that the accident arose on 18.11.2005 at about 19.15 hours on bailhongal-belgaum road within the limits of bailwad, due to motorcycle bearing nos.ka-22/w- 1620 and ka-24/h-3598 and sustained .....
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..... further he submitted that the driver of the lorry was solely responsible for the accident and charge sheet has been filed against the driver of the lorry and in spite of that, the tribunal has held that the deceased has contributed 60% to the accident which is totally incorrect. ..... the finding that the deceased has contributed 60% to the accident is hereby set-aside. ..... the deceased was aged about 47 years at the time of accident as per ex.p.4 pm report. ..... he also submitted that it is clear from the evidence of pw-2 that the deceased has contributed for the accident and therefore, the tribunal was justified in holding that the deceased has contributed 60% to the accident. ..... therefore, we hold that the first respondent was solely responsible for the accident. ..... the first respondent was solely responsible for the accident. ..... therefore, the tribunal was not justified in holding that deceased has contributed 60% to the accident. ..... it is clear, the first respondent was responsible for the accident. ..... it is relevant to note, the tribunal has held that the deceased has contributed 60% to the accident. ..... whether the tribunal was justified in holding that the deceased has contributed 60% to the accident? 2. ..... the learned counsel for the appellants contended that the tribunal has erred in holding that the deceased has contributed 60% to the accident. .....
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(this writ petition is filed under articles 226 and 227 of the constitution of india praying to declare that his retirement on 01.06.2006 on the basis of the school entry vide annexure: was premature and by holding his date of birth as in annexure:'a' is correct as compared to entry in school certificate. further, it is also prayed to hold that there is short of 17 months service and he was eligible to extend further 2 years under government policy and etc.) 1. petitioner joined service of the respondent as a junior assistant on 28.03.1976, on the strength of having passed sslc examination. while joining service, petitioner produced school leaving certificate, as at annexure - r-1, wherein his date of birth has been entered as 01.06.1948. the petitioner having completed the age of superannuation - 58 years, the respondent issued annexure - h, regarding retirement of the petitioner from service with effect from 31.05.2006. the respondent issued an office order dated 12.05.2006 as at annexure - h, whereunder, the petitioner was notified of his retirement with effect from 31.05.2006. questioning the office order as at annexure - h and direct the respondent to consider the date of birth of the petitioner as 06.10.1949 and extend all service benefits, this writ petition was filed on 21.01.2012. 2. petitioner claims that his correct date of birth is 06.10.1949 and the same was reflected in the seniority lists dated 01.06.1982, 09.11.1987, 07.08.1993 and 09.01.1996 and that he .....
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(prayer: this rfa filed u/s. 96 of cpc, against the judgment and decree dtd:15.09.2012 passed in o.s.no.53/2012 on the file of the prl. senior civil judge at athani, dismissing the suit filed for specific performance of contract.) 1. though this appeal is listed for admission with the consent of the counsel on both sides, it is heard finally. 2. the plaintiff in o.s.no.53/2012 has filed this appeal, assailing the judgment and decree passed in o.s.no.53/2012. 3. it is the case of the plaintiff that the suit property is an agricultural land measuring 1 acre 9 guntas at moje athani in sy.no.9/7d out of a larger extent of 8 acres 31 guntas. the defendant and her sons and daughters who are the owners of the suit property, had executed a registered agreement to sell in favour of defendant on 04/09/2010 before the sub-registrar, athani for the sale of the property. the defendant on account of legal necessity in order to discharge the bank debt, in december, 2010 negotiated with the plaintiff who agreed to purchase the suit property vide agreement to sell dated 22/12/2010 for a valuable consideration of rs.14,00,000/- on payment of a sum of rs.2,00,000/- as earnest money. the sale transaction, therefore, was to be completed within six months but despite repeated requests made by the plaintiff, the defendant failed to execute the sale deed. therefore, the plaintiff filed a suit for specific performance of the agreement dated 22/12/2010. 4. on service of suit summons, the defendant .....
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