Court : Karnataka
Decided on : Jun-10-2004
Reported in : ILR2004KAR2918; 2004(4)KarLJ632
..... what is sought for is only seeking an amendment of the prayer column at the threshold that even enquiry was not completed and the learned civil judge without looking into the merit of the contention of the petitioners, simply relying upon the citations which are not applicable to the case on hand ..... face of the record the inferior court has committed any error occasioned failure of justice,11. thus it is needless to say that by exercising power of writ jurisdiction, this court can very well look into orders passed following the procedure provided under the civil procedure code, where any such interim orders ..... regard to the quantum of compensation claimed as there is no provision under the act which is inconsistent with the power to allow the amendment. he also relied upon the ruling reported in jai jai ram manohar lal v. national building material supply, mr 1969 sc 1270 to contend that the proposed ..... conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:-(1) amendment by act no. 46 of 1999 with effect from 1.7.2002 in section 115 of the code of civil procedure cannot and does not affect in any manner the jurisdiction of the high ..... court under articles 226 and 227 of the constitution.(2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-2004
Reported in : 2004ACJ1109; ILR2004KAR2471; 2004(3)KarLJ288
..... in bangalore, and due to the injuries sustained by him in the accident he was reduced totally non-functional, filed claim petition under section 166 of the act before the ix additional small causes judge, member, mact-7, bangalore (for short, 'mact') and claimed compensation of rs. 10,00,000/-. the quantum of compensation ..... ship for a period, and lord halsbury l.c. answered the objection that assessment was too uncertain by observing that:'of course the whole region of inquiry into damages is one of extreme difficulty. you very often cannot even lay down any principle upon which you can give damages; nevertheless, it is ..... award of rs. 1,48,200/- with interest at the rate of 9% per annum, has preferred this appeal under section 173(1) of the motor vehicles act, 1988 (for short, 'the act').2. the determination of the quantum of compensation by the decision-maker in this case is niggardly and reflects conservatism to ..... of like nature which has been destroyed or lost. but, the money cannot renew a physical frame that has been battered and shattered. all the judges and courts can do is to award sums which must be regarded as giving reasonable compensation. in the process there must be the endeavour to secure ..... him full fair compensation for that which he has suffered'.30. in fowler v. grace, edmund davies, l.j., said that 'it is the manifest duty of the tribunal to give as perfect a sum as was within its power'. there are many losses which cannot easily be expressed in terms of money. .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-08-2004
Reported in : II(2005)ACC49; IV(2005)ACC169; 2005ACJ797; 2004(6)KarLJ637
..... the policy conditions would apply 'the rule of main purpose' and the concept of 'fundamental breach' to allow defences available to the insurer under section 149(2) of the act'. 15. in view of the statement of law enunciated by the apex court, and the facts of the present case, we are of the ..... 2000 on the file of the motor accidents claims tribunal, bangalore (for short, the 'mact), has preferred this appeal under section 173(1) of the motor vehicles act, 1988 (for short, the 'act').2. it is not in dispute that one neelakantha succumbed to the fatal injuries on 30-7-2000 involving the motor vehicle ..... said object.(ii) insurer is entitled to raise a defence in a claim petition filed under section 163 or section 166 of the motor vehicles act, 1988, inter alia, in terms of section 149(2)(a)(ii) of the said act.(iii) the breach of policy conditions, e.g., disqualification of driver or invalid driving licence ..... situations, it cannot be said that the decisions rendered by this court in case of kokilaben chandravadan and the decision of the bench of three judges in sohan lal passi, in any way conflict with the decisions rendered by this court in the cases of mandar madhav tambe and kashiram yadav'. 10 ..... . the interpretation of section 149(2)(a)(ii) of the act for consideration before the hon'ble supreme court in the case of beer singh and ors. v. satbir singh and anr., 2000 acj 681 (p and h) section 149(2)(a)(ii) reads thus:'a condition excluding driving .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-13-2004
Reported in : ILR2004KAR1538; 2004(7)KarLJ32
..... unacceptable. the learned counsel also contends that the learned magistrate had committed a grave error while framing charge against the accused. the provisions of section 240(2) cr.p.c. had not been complied and the same vitiates the whole trial. the learned counsel relied upon a decision ..... a.no. 11/2001 on the file of the prl. sessions judge, bangalore rural district, bangalore, wherein the learned sessions judge had partly allowed the appeal, confirming the finding of conviction of the accused for the offence under section 326 i.p.c. and remanding the case to the learned ..... irregularity amounting to an illegality would not have occurred at all. it is further needless to emphasis that performing judicial functions is a solemn act one cannot afford to take things in a lighter vein and any attempt in this regard would lead to an illegality, which goes to ..... by the learned magistrate so as to vitiate the entire proceedings. hence, the learned government pleader prayed for dismissal of the revision petition.5. the court has carefully perused the material on record and has given its anxious thoughts over the rival contentions raised.6. mentioning of ..... judge (jr.dn) & addl j.m.f.c., ramanagara, wherein the learned magistrate had recorded a finding of conviction of the accused for the said offence and had sentenced him to imprisonment for a period of six months for the said offence, challenging the legality and propriety of the judgments impugned.2. the court has heard the arguments of sri c.v .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-16-2004
Reported in : ILR2005KAR884
..... the notary for the certification.'23. in the light of these judgments, what is clear to this court is that to have a presumption under section 85 of the evidence act, the document in question namely the power of attorney has to be to the satisfaction of the court in the matter of maintainability. 1 have already referred to the various infirmities in ..... are in conformity with c.p.c.20. mohanshet purushottam gujar v. mrs. jayashri vasantrao mahagaonkar , : air1979bom202 is the judgment under section 85 of the evidence act. in the said judgment, the court noticed the presumption as to authentication in terms of section 85. after noticing the same, the learned judge rules as under-'section 85 contains a presumption, a presumption which may operate in favour ..... person concerned and not by someone else in the name of a different person i.e, about the identity of the executant of the original document by making all reasonable inquiries including insistence of identification of a member of the public by a legal practitioner known to the notary. unless the executant is known to the notary personally, the notary must ..... pleadings and evidence on record to contend that the suit itself is not maintainable in the light of the suit having been filed by a person not having an acceptable power of attorney. he relies on the evidence and also the judgment of the court in support of his submissions. he further argues that there, is no cause of action at .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-10-2004
Reported in : 2004(7)KarLJ501
..... of law and law courts with legitimate powers to bring offenders to justice. further, it must be assumed that the constitution makers were aware of the existing laws - sections 2(h), 39, 156, 161 and 162 of the criminal procedure code, sections 5 and 6 of the identification of prisoners act, 1920, section 27 of the indian evidence act, 1872, etc. none of the ..... the murder of shivakumar. so, apprehending their arrest by police, accused 1 to 3 moved the jurisdictional sessions court (bangalore rural district, bangalore) for anticipatory bail under section 438 of the criminal procedure code and obtained the same with certain conditions.since the entire case of prosecution (regarding murder of deceased shivakumar) depends only on circumstantial evidence, the ..... this stage, reference can also be had to section 161 of the criminal procedure code, with specific reference to section 27 of the indian evidence act, 1872. in the case of smt. nandini satpathy v. p.l. dani, : 1978crilj968 , a bench of three hon'ble judges of the supreme court has held that section 161 of the criminal procedure code enables the police to examine ..... an accused also during investigation. so, questioning accused during investigation is permissible subject to certain conditions made clear in the said judgment.20. it cannot be forgotten that section 39 .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-30-2004
Reported in : ILR2004KAR2302
..... into o.s.no. 13/2000. therefore, contended that when an application is filed under section 10 of c.p.c., the learned i addl. civil judge (sr.dn.) and cjm, has erred in exercising his inherent power under section 151 of cpc. section 10 of c.p.c. makes clear that it is the subsequent suit, which has ..... process of court as a devise to help the jurisdiction of a civil court is an abuse of the process of the court. narappa reddy v. chandrammal, : air1967ap219 (contempt of courts act, (1952), section 3)'it is only in case where the proceedings are fraud, vexatious or want of bona-fide, malicious and improper, then it comes ..... and numbered as o.s.no. 13/2000. at that stage, the legatees having come on record as legal representatives of smt. m.v. rajamma for a limited purpose filed an application under section 10 of c.p.c. to stay the further proceedings in o.s.no. 292/1995, pending disposal of o.s. no. ..... the part of a debtor would render him liable to have his petition for insolvency dismissed on the ground of 'abuse of process of court.' (tin va v. subya, 6 lbr 146 fb). the term is generally used in connection with action for using some process of the court maliciously to the injury of another ..... suit properties are the properties of his father late m.c. veerappa. it appears that during the pendency of the partition suit, defendant no. 1 - smt. m.v. rajamma executed a will dated 31.3.1997 in favour of respondent nos. 1 (a) to (e) with an intent to defraud the plaintiff and other children of .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-18-2004
Reported in : AIR2005Kant136; ILR2005KAR467; 2005(4)KarLJ85
..... for probate in p & sc no. 61 of 1983 on 21st january 1983 on the file of the city civil judge, bangalore under section 276 of the indian succession act, 1925 [hereinafter referred to as 'the act'] seeking probate of the will dated 20th april 1970 of late c.g. sastry. in the said petition, the wife ..... witness on behalf of the plaintiff shows that the signature found in will exhibit d1, is the signature of m.r. krishnan. further, the son and power of attorney holder of the 5th defendant one b. ravishankar prabhu was examined as dw.3 in support of the case of the contesting defendants. in ..... petition is not maintainable, whether the prayer of the plaintiff seeking amendment of the plaint for grant of letters of administration should be allowed?5 whether the city civil judge was justified in declaring the title to the properties covered under exhibit p16 in the impugned judgment and order?11. now, we will proceed ..... by him out of his self-acquisition; c.g. rama rao, released himself from the partnership business by a deed of mutual transfer dated 30th june 1968 in consideration of his getting the absolute right, title and interest in the business and building of hotel ambassador at high grounds; in pursuance of such mutual ..... 14th november 1970 and after his demise his elder son c.g. rama rao shifted his entire family to the house of c.g. sastry at v.v. puram and started living with his mother, his brothers and sister; the last rites of the deceased took place at his residence; and on the day .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-02-2004
Reported in : ILR2004KAR2864; 2004(5)KarLJ120
..... to whom a licence as defined in section 52 of the indian easements act, 1882 (central act 5 of 1882) has been granted.the provisions of sub-section (1) of section 2 declare that the provisions of chapter i to iii and chapters v to viii of the act shall apply to the areas mentioned in ..... monthly rental of rs. 800/-. the tenancy is a monthly tenancy. the plaintiff respondent issued legal notice under section 106 of transfer of property act (hereinafter called as t.p. act) terminated the tenancy and filed the suit for recovery of possession and mesne profits, the defendant disputed the validity ..... a suit for possession and such a suit for possession is not covered by article 4 of schedule-i r/w section 8 of the karnataka small cause courts act. the decision also makes distinction between suit for ejectment and suit for possession.7. the following substantial questions arise for ..... redefining the jurisdiction of the city civil courts with reference to subject matter and its valuation vis-a-vis the jurisdiction of the civil judge, senior division; presently managing the small cause courts.19. coming back to the facts, i find that for the reasons and ..... social problems in a legal manner to avoid social frictions and to prevent unlawful methods to vindicate one's right. the karnataka small cause courts act, 1964 is one such legislation in the direction. the dispute resolution procedural law in civil jurisprudence broadly category different jurisdictions like matrimonial, probate, insolvency .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-27-2004
Reported in : ILR2004KAR4709; 2004(6)KarLJ93
..... pay the same to the decree-holder till the disposal of the execution petition.9. in the execution proceedings, the petitioner has filed an application under section 151 of the code of civil procedure, requesting the execution court to release the amount deposited by the respondents college authorities in her favour, without ..... apex court while explaining the concept of right to life enshrined in article 21 of the constitution of india. the supreme court in francis coralie mullin v. the administrator, union territory of delhi and ors., : 1981crilj306 has observed that the right to life enshrined in article 21 cannot be restricted to mere ..... to my duty today morning i.e., on 7-4-2003. kindly, accept my duty report and allow me to perform my duty'.5. surprisingly, the respondents-college authorities in the guise of implementing the orders passed by the appellate court, this court and the apex court, by their ..... respondents-college authorities before this court bringing to its notice the communication issued by the respondents-college authorities to her on 5-4-2003 and the division bench of this court has observed that since the petitioner can execute the decree passed by the learned i additional district ..... of approaching the problem in a most inhuman way. since by the impugned order, a grave injustice is done by the learned judge, the interference with the said order in exercise of my powers under article 227 of the constitution is required.14. accordingly, the following.-- .....
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