Karnataka Court August 1992 Judgments
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K.S. Shivadevamma Vs. Assistant Commissioner and Land Acquisition Offi ...
Court: Karnataka
Decided on: Aug-19-1992
Reported in: ILR1992KAR3740
Shivashankar Bhat, J. 1. M.F.As. 593, 58 and 56 of 1986 are represented by one Counsel and the lands involved are Survey No. 118/4 B1, B2, B3 and B4 in all measuring 3 acres 18 guntas. In M.F.A. 896/85 the land involved is Survey No. 118/5A and 5B measuring 5 acres 32 guntas. There is no dispute that all these lands abut each other and are situated in the outskirts of Davanagere town. These lands were sought to be acquired under a Preliminary Notification dated 12th January 1978. The provisions of Section 17(1) was invoked and it seems the possession was taken on 21st April 1978. These lands were acquired for the purpose of putting up K.S.R.T.C. Bus Stand and depot at Davanagere. 2. The Land Acquisition Officer awarded a compensation at the rate of Rs. 5,000/- per acre on 17th May 1979. On reference the Civil Court has awarded the compensation at the rate of Rs. 30,000/- per acre as per its common judgment dated 30th October 1984. Before proceeding further a few more basic facts may be...
Syndicate Bank Vs. B.A. Bhat
Court: Karnataka
Decided on: Aug-17-1992
Reported in: ILR1992KAR3107; 1992(3)KarLJ537; (1993)ILLJ152Kant
Shivashankar Bhat, J.1. Appellant in the Writ Appeal was the 1st respondent in the Writ Petition filed by the respondent before us. For the sake of convenience, the Appellant and its officers connected with the proceedings before us are generally referred hereinafter as the Bank and the Writ Petitioner is referred as the petitioner.2. Petitioner in his Writ Petition sought a declaration that the view entertained by the Disciplinary Authority in proceeding with the disciplinary proceedings against the petitioner, without reinstating him in service and without granting him all consequential benefits flowing from his success in the earlier Writ Petition, as illegal, etc. He also sought a direction that proceedings against him shall not be proceeded with till he is reinstated and arrears of salary are paid.3. The history of this litigation started, at least, in the year 1976. Under a disciplinary proceedings wherein petitioner was charged with having committed certain misconduct, an order ...
Bhimappa Ramappa Ghasti Vs. Arjan Laxman Ghasti
Court: Karnataka
Decided on: Aug-14-1992
Reported in: ILR1992KAR3594; 1993(2)KarLJ179
K.A.Swami, Ag. C.J. 1. R.S.A. No. 737/1977 is preferred against the decree dated 23.4.1977 passed in R.A.No.243/1972 and R.A.No. 253/1972 by the IV Additional Civil Judge, Belgaum partly affirming and partly reversing the decree dated 31.8.1972 passed by the Principal Munsiff, Athani, in O.S.No. 94/1969. 2. The appellants are defendants-1 to 3 and respondents-1 to 3 are plaintiffs-1 to 3, and respondent-4 is defendant No. 4. 3. Respondent-1 to 3 instituted the aforesaid suit for partition and separate possession of their share in the suit properties bearing S.No. 119/A/2 measuring 14 acres assessed at Rs. 37.24, S.No. 156/A/2-3 measuring 2 acres 21 guntas assessed at Rs. 6.72 and S.No. 119 measuring 1 acre 26 guntas assessed at Rs. 4.39 and the house bearing V.P.C. No. 378 situated at Shegunshi village, Athani Taluk. 4. This Second Appeal is referred to a Division Bench on the ground that the Decision in CHANDRABAI AND ORS. v. LAXMIBAI AND ANR. rendered by a Division Bench of this Cour...
Maideen Sab Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-13-1992
Reported in: 1993CriLJ1430; 1993(1)KarLJ431
1. This Criminal Appeal is filed by the appellant who was the sole accused in S.C. No. 29/87 on the file of the Sessions Judge, Karwar, U.K., against the judgment dated 9-6-1988 passed by the learned Sessions Judge, Karwar in that case, convicting the appellant for the offence under R. 314, IPC and sentencing him to undergo R.I. for 5 years and in default to undergo R.I. for 6 months, and convicting him for the offence under S. 201, IPC and sentencing him to undergo R.I. for two years. 2. I have heard the learned counsel for the appellant and the learned Government Pleader fully and perused the records of the case. 3. The case of the prosecution is as follows : The deceased Laxmi was a widow residing in the village Kadle and she had two sons and two daughters and her mother-in-law was also alive. PW 1-Ganapati Patagar is her son-in-law. PW 2-Krishna Patagar is her son. PW 4-Hosabayya Patagar is her elder brother. About three years prior to the date of the judgment of the learned Sessio...
Special Land Acquisition Officer Vs. Kallangouda
Court: Karnataka
Decided on: Aug-13-1992
Reported in: ILR1993KAR1
Shivashankar Bhat, J.1. In the course of hearing these Appeals it was pointed by the learned Government Advocate that I.A. under Order 41 Rule 27 was allowed earlier by this Court permitting the appellant to produce the additional evidence. This additional evidence is alleged to be a statement filed by the claimants dated 14th May 1986 whereunder the claimants stated that the market value of the acquired lands will be Rs, 50,000/- per acre (in one or two instances it is Rs. 35,000/- per acre). The Reference Court has awarded the compensation at the rate of Rs. 7.53 ps. per square yard which comes to nearly Rs. 3,28,000/- per acre. It was contended by the learned Government Advocate, that the claimants are not entitled to seek any amount in excess of the amount claimed by them in response to Section 9 notice received by them. We do not express any opinion whether at this stags the said statement now filed before us should be relied upon because throughout the appellant has been contendi...
Gulabjan W/O Shafi Vs. the Sub-inspector of Police and Others
Court: Karnataka
Decided on: Aug-11-1992
Reported in: 1993CriLJ738; ILR1992KAR3436
K.A. Swami, Actg. C.J.1. In this petition under Art. 226 of the Constitution petitioner has sought for a declaration that the detention of the petitioner's husband by name Shafi is illegal, unconstitutional and without jurisdiction and for issue of a writ in the nature of habeas corpus to the respondents directing them to release Sri Shafi and also to pay a sum of Rs. 6,000/- as compensation.2. The facts undisputed are as follows :On 23rd March, 1992 the Sub-Inspector of Police, Byadgi, caught Sri Shafi red-handed while transporting sandal-wood billets of the value of Rs. 40,000/- within the limits of Byadgi Police Station. He was driving the vehicle in which sandalwood billets were being transported. The Sub-Inspector of Police arrested him and filed a First Information Report in the concerned Police station and also produced Sri Shafi before court within 24 hours. The learned Magistrate in the first instance remanded him to judicial custody and thereafter granted bail on 3-7-1992 on ...
Subhash K. Shah Vs. K. Shankar Bhat
Court: Karnataka
Decided on: Aug-11-1992
Reported in: 1993CriLJ1296; ILR1993KAR353; 1992(4)KarLJ693
ORDER1. This Criminal Revision Petition is filed by the petitioner who was the complainant in the trial Court under sections 397 and 401, Cr.P.C. to enhance the sentence awarded by the Principal Munsiff and J.M.F.C. Mangalore, to the respondent in C.C. No. 1661 of 1986 dated 4-10-1990. 2. I have heard the learned counsel for the petitioner and the learned counsel for the respondent fully and perused the records of the case. 3. The facts of the prosecution case are as follows :- That in the year 1985 the petitioner complainant was working as Superintendent of Excise, Dakshina Kannada, Mangalore. He alleged that he hails from a very highly respectable, educated and business family of Gokak in the District of Belgaum. He was a Class I Officer in the Karnataka Excise Department. The respondent was the Editor, Printer and Publisher of kannada Weekly called 'Amrit Kannad Vara Patrike'. At Golikatta Bazar, Bunder, Mangalore-1. The respondent published an article in his paper 'Amrit Kannada Va...
Sri. C.S. Sathya Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-11-1992
Reported in: 1994CriLJ1954; 1993(1)KarLJ56
ORDER1. Criminal Revision Petition No. 143/89 is filed by the petitioner who is an accused in C.C. No. 1597 of 1982 on the file of the Additional Munsif and J.M.F.C., Udupi, D.K. Criminal Revision Petition No. 144/89 is filed by the petitioner who is an accused in C.C. No. 1442/82, on the file of the same JMFC. Both the cases are registered on the complaint of Respondent No. 2. 2. I have heard learned Counsel for the petitioners and learned Counsel for the Respondents. 3. Respondent No. 2 has filed a complaint against the petitioners alleging that they have committed an offence punishable under section 500 of I.P.C., The petitioner filed application under section 177 read with Section 201 of Cr.P.C., for their discharge. The learned Judge passed a common order in both the applications dismissing the said applications. As both these Criminal revision petitions directed against the common order passed in both the Criminal Cases by the learned J.M.F.C., have heard both these cases togethe...
Abdul Subhan Vs. Khyroonibi
Court: Karnataka
Decided on: Aug-11-1992
Reported in: ILR1992KAR2823; 1992(3)KarLJ666
Shivashankar Bhat, J.1. This Appeal is by the first defendant. The plaintiff had sought for partition and possession of certain properties from the first defendant after declaring that she is entitled to 1/3rd share in the sort schedule properties. According to the plaintiff, she is the step sister of the first defendant, both of them being the children of late Abdul Sattar.2. It is seen that there is no dispute in this Appeal, as to facts which are as follows:Mohamed Buden Sab (also referred to as Sheik Buden Sab) was the common ancestor. He had three sons, viz., Mohamed Hayat, Mohamed Abbas and Abdul Sattar. Abdul Sattar had a wife - Sharifabi through whom he got a son Abdui Subhan, defendant No. 1. He had a second wife Chandbi through whom he got the plaintiff Khyroonibi as a daughter. Abdul Sattar died several years ago during the childhood of his children. The common ancestor Sudan Sab died after the death of his son Abdul Sattar. To reiterate, on this aspect there is no dispute a...
Rangaiah Vs. Managing Director, Tumkur Co-operative Milk Producers Soc ...
Court: Karnataka
Decided on: Aug-11-1992
Reported in: ILR1992KAR3784
Hakeem, J.1. Although this matter is posted for orders, by consent it is taken up for admission and disposed of by the following order: 2. The appellant was the petitioner in the Writ Petition. He was elected as Director of the respondent-2 Society on 31.12.1991. Thereafter the petitioner was elected as President in the election of the office bearers of the Society held on 16.1.1992. In the Writ Petition he has challenged the validity of the notice dated 7.7.1992 issued by the first respondent proposing to hold elections of President as the sole office bearer of the Society. The proposed election which was to be held on 15.7.1992 was adjourned to 22.7.1992. However, by virtue of the interim stay granted in the Writ Petition the election was not hold on that day. Consequently, the petitioner continues to hold the office of the President. 3. The Writ Petition was dismissed mainly on the ground that notice of the proposed election by itself is not amenable to challenge under Article 226 o...
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