Court : Karnataka
Decided on : Jan-22-2003
Reported in : 2003CriLJ2790
..... the injured witnesses support the prosecution case. some of the injured witnesses turned hostile in cross-examination and some of the injured witnesses totally resiled from the statements recorded under section 161, cr. p. c. none of the eye-witnesses speak under what circumstances the accused sustained injuries. equally, none of the eye-witnesses speak about the attack on the deceased ..... aggrieved by the order of acquittal recorded by the trial court in s.c. no. 16/1992 dated 30-9-1997 in acquitting the accused-respondents for offences punishable under sections 144 r/w 149, 148 r/w 149, 302 r/w 149, 326 r/w 149 and 324 r/w 149, ipc have preferred this appeal against the acquittal.3 ..... and accused 1 assaulted p.w. 1 on the head. accused no. 5 r, krishna also assaulted p.w. 1. p. w. 1 does not speak about for the overt-acts on the deceased. he merely states that the deceased died due to assault. he further states that he was treated by the balehonnur hospital and was sent to the police .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-22-2003
Reported in : I(2004)ACC80; 2005ACJ1598; 2003(4)KarLJ177
..... of the appeal court to take corrective action. the legislative intent behind the provisions of order 41, rule 33 or for that matter, the inherent powers of the court under section 151 of the civil procedure code is in order to cater to the situations wherein in the overall interests of doing real justice and justice in the true sense of the term .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-20-2003
Reported in : 2003(3)KarLJ281
..... than 5 years ago, the maximum period to which a successor of the original tenant can succeed to the right of tenancy having already elapsed, section 5 of the act is applicable to the present case. 4. the question then arises whether the statutory right of tenancy that accrued to the legal representatives of ..... any person continuing in possession after the termination of his tenancy, but does not include any person to whom a licence as defined in section 52 of the indian easements act, 1882 (central act 5 of 1882) has been granted'. the definition clearly eschews from its ambit the legal representatives of the deceased tenant. a legal representative ..... before the additional munsiff, judicial magistrate first class at chikmagalur. the learned munsiff allowed the eviction petition under clauses (h) and (i) of section 21(1) of the repealed act. the legal representatives of the deceased tenant took the matter in revision before the district judge, chikmagalur in revision petition no. 10 of 1997. .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-20-2003
Reported in : AIR2003Kant245; 2003(4)KarLJ376
1. This appeal is by defendants I. 2 and 4 challenging the judgment and decree passed by the Court of the Civil Judge (senior Division) at Virajpet in O. S. 22/1995.2. The parties in this appeal are referred to as they are arrayed in the trial Court.3. The plaintiff who is respondent-1 in this appeal has filed a suit for partition and separate possession of 1/10th share of the suit schedule properties by metes and bounds and also sought for an enquiry under Order 20, Rule 12 CPC to ascertain the mesne profits. Plaintiff is the 2nd daughter of late Sri Kunnaiah. Defendants 1, 2, 3 and 4 are the sons and defendants 5, 6, 7 and 8 are the daughters of late Kunnaiah. Defendant 9 is the son of the first daughter of late Sri Kunnaiah. From the plaint averments it is seen that Kunnaiah died on 9-1-1993. According to the plaintiff the suit schedule properties are the self acquired properties of her father late Sri Kunnaiah and therefore, she is entitled for 1/10th share in the suit schedule pro...
Tag this Judgment!Court : Karnataka
Decided on : Jan-14-2003
Reported in : 2003CriLJ2661; ILR2003KAR1541
..... around the courts for over years to find their cases expeditiously disposed of. the compelling situation activated and prompted the concerned authorities to act swiftly to find out a solution to the problem of docket explosion. in the said context, with a noble object and social purpose under a special scheme, the fast courts have been created. the ..... alone render judgment is not an absolute rule without exception. the code of criminal procedure under different justifiable circumstances permits a departure from its compliance. the provisions of section 407 cr.p.c., empowers this court to transfer the case from one court to another for different reasons and if it is expedient in the ends of ..... in crl.no.929/-01, set aside the order of transfer and restored to the file of ix addl. sessions judge, for disposal on the ground that under section 409 cr.p.c., the sessions judge has no power to transfer the part heard cases from the file of one sessions court to another. subsequently, the impugned .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-14-2003
Reported in : 2005ACJ1723; ILR2003KAR5149; 2003(6)KarLJ220
..... done in the case of annappa gangappa kumbar, supra, if in the present case, calculation is made taking minimum notional income set out in schedule ii of the motor vehicles act, 1988, the amount of compensation comes to rs. 96,000/- (rs. 1,250/- rs. 850/- = rs. 800/- x 12 months x 10 multiplier). however, if it is done taking rs ..... . nanjappa, m.f.a. no. 1772 of 1997, dd: 7-8-2000this court has observed that in all cases, where compensation is claimed under the provisions of the motor vehicles act in respect of death of minor children aged upto 10 years, compensation of rs. 50,000/- would be just compensation that has to be awarded even at the final stage .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-13-2003
Reported in : I(2003)DMC532; ILR2003KAR1638; 2003(2)KarLJ67
..... present nature seeking for reimbursement of medical expenses incurred by a dependent spouse is definitely one which can be allowed in an application under section 24 of the hindu marriage act.12. accordingly, we hold that the application is tenable.13. insofar as the dispute relating to the justification for incurring expenses and ..... , we can draw inspiration from the word 'maintenance' which has been defined under the provisions of the hindu adoptions and maintenance act.11. section 3(b)(i) of the hindu adoptions and maintenance act defines maintenance to be inclusive of provision for food, clothing, residence, education and medical attendance and treatment. the definition here is ..... is as to whether the wife can claim reimbursement of expenses incurred by her towards medical treatment from her husband.10. provisions of section 24 of the hindu marriage act provides for support to be given by the earning spouse in favour of non-earning spouse during the pendency of proceedings before the court .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-13-2003
Reported in : ILR2003KAR2827
ORDERRaveendran, J. As this petitions involve common question of law we have heard and disposed of these petitions by this common order. Facts in W.P.No. 45030/2002: 1. The respondent herein approached the Karnataka Administrative Tribunal in Application No. 10244/2001 alleging that he was initially appointed on daily wage basis on 1-1-1984 as a forest Watcher, that after two years there was a break as he was discharged and he was re-appointed with effect from 1-1-1992; that as he had served for more than 2400 days in a block period of 10 years, he was entitled to regularisation relying on the Government Order dated 20-10-1994; that as his request was not considered, he approached the Karnataka Administrative Tribunal in Application No 3649/1999 and the Tribunal disposed of the said Application by order dated 18-8-2000 directing the petitioners herein to consider the representation and take a decision thereon; and that thereafter an endorsement dated 13-12-2000 was issued to him reject...
Tag this Judgment!Court : Karnataka
Decided on : Jan-10-2003
Reported in : ILR2003KAR2177
..... the instant case, as the petitioners were transferred to the second respondent university under sub-section (2) of section 7 of the uas act, their conditions of service were protected under section 32(2) of the act. sub-section (2) of section 32 of the uas act casts a statutory duty upon the first respondent to pay the pensionary benefits to the ..... persons who were in the government service and transferred to second respondent university in exercise of its power under sub-section (2) of section 7 of the uas act.21. no doubt, the age of superannuation of the employees in the university is 60 years by virtue of the statute framed by the ..... behalf of the first respondent to contend that the petitioners are not entitled for pensionary benefits, the contention is examined keeping in view sub-section (2) of section 32 of uas act and another go dated 24.8.1984 by which the state government has enhanced the age of superannuation of government servants from 55 years to .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-09-2003
Reported in : [2003]117CompCas738(Kar); 2003(3)KarLJ295
..... registrar of companies.7. learned counsel for registrar of companies submits that the said facts now brought on record are not in dispute.8. explaining the scope of section 392 of the companies act, the supreme court in the case of s.k. gupta and anr. v. k.p. jain and anr., : [1979]2scr1184 has held as under ..... arrangement under section 391 of the act. the condition precedent for exercising the power under section 392 is that the court should have accorded sanction to a compromise or arrangement under section 391. the power under the section is of the widest amplitude, but is not unlimited and can be ..... purpose of making it workable in course of its continued supervision as ordained by section 392(1)'.therefore, it is clear, section 392 of the companies act deals with power of the high court to enforce compromises and arrangements. in fact, the said section deals with power of the court after according sanction for a compromise or an .....
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