Karnataka Court February 1998 Judgments
S.P. Gururaja and Others Vs. the Executive Member, Karnataka Industria ...
Court: Karnataka
Decided on: Feb-07-1998
Reported in: AIR1998Kant223; ILR1998KAR1212; 1998(3)KarLJ223
ORDERV. Gopala Gowda, J.1. The petitioners have filed this writ petition as a Public Interest Litigation seeking to quash the order at Annexure-B, dated 7-4-1995 by which the 2nd respondent Karnataka Industrial Areas Development Board (hereinafter referred to as 'the Board') has allotted 175 acres of land in favour of the 3rd respondent B.P.L. India Limited, at the rate of Rs. 92/- per square metre. The petitioners have also sought for a direction to the 2nd respondent to develop the acquired land, invite applications for allotment of industrial plots from the general public and to allot the same in accordance with law.2. Under a notification dated 2/4th September, 1991 issued under Section 28(1) of the Karnataka Industrial AreasDevelopment Act, 1966 (hereinafter referred to as 'the Act'), the Board acquired 296-26 acres of land in Dobospet for the purpose of establishment and development of industries. Out of that, the Board has allotted an extent of 175 acres of land under Annexure-B...
Tag this Judgment!The Oriental Fire and General Insurance Company, Bangalore Vs. P.S. Na ...
Court: Karnataka
Decided on: Feb-07-1998
Reported in: ILR1999KAR798; 1999(3)KarLJ510
1. This appeal is filed by the Insurance Company to challenge the judgment and award dated 7-3-1994 in MVC No. 365 of 1987 passed by the District Judge and MACT. Tumkur. In passing the same, the MACT had awarded a compensation of Rs. 58,400/- together with interest at 6% p.a. fastening the liability thereto both on the Insurance Company and also on the respondent 2-owner.2. I heard the learned Counsel for the appellant-Insurance Company, Sri K.N. Srinivasa appearing along with Sri S.K.V. Chalapathy, thelearned Counsel for the contesting respondent 1-Sri Ravi Shankar and the learned Counsel, Sri B. Aswathaiah appearing for the respondent 2-owner. I have also perused the case records.3. The learned Counsel for the appellant-Insurance Company had taken me through the facts of the case and also the impugned judgment and award under challenge. In his argument, Sri Srinivasa submitted that despite there being no cogent and acceptable evidence adduced by the respondent 1-claimant before the M...
Tag this Judgment!A.S. Vigneshwara Udupa Vs. Teekappa and Another
Court: Karnataka
Decided on: Feb-06-1998
Reported in: 1999(1)KarLJ460
1. It is an unfortunate appeal by the plaintiff who is kept out of the relief he has prayed for, for a period of seven years as on date. Despite the fact that the defendants submitted to the decree, I am really not able to understand how the Courts can act in such a fashion when defendant himself openly says that he has no defence at all. The allegations complained are as follows:2. Originally, Raniakrishna Udupa was the owner of the suit land bearing S, No. 74 measuring 98-A-04 gs. of Togare village. The said Ramakrishna Udupa is the maternal grand father of the plaintiff. The plaintiff and Shivaram, Anantapadmanabha, Manjunath and Nagesha are the sons of daughter of said Ramakrishna Udupa by name Laxmidevamma. The said Ramakrishna Udupa bequeathed the suit schedule property in favour of the plaintiff and his brothers under the registered Will dated 6-9-1965. After the death of said Ramakrishna Udupa the plaintiff and his brothers became the full owners of the suit schedule property a...
Tag this Judgment!M/S. Shrei International Finance Limited, Bangalore Vs. M.G. Narayana ...
Court: Karnataka
Decided on: Feb-06-1998
Reported in: 1998(1)ALT(Cri)554; 1998CriLJ2220; ILR1998KAR2296; 1998(3)KarLJ169
ORDER1. This petition under Section 482, Criminal Procedure Code is made by the petitioner M/s. Shrei International Finance Limited, Madras with its branch office at Bangalore (hereinafter referred to as the 'financier company') praying to quash the criminal proceedings in PCR 165 of 1997 pending on the file of the Court of IV Additional C.M.M., Bangalore and also challenging the order dated 9-9-1997 of the learned Magistrate referring the private complaint of respondent 1-M.G. Narayana ('complainant' for short) under Section 156(3), Criminal Procedure Code to the Police Sub-Inspector (PSI) of Byatrayanpura, Bangalore City for investigation and report.2. Respondent 2-Baruva is shown as the General Manager and respondent 3-Mr. Surendra as the Field Officer of A1 Finance Company. They are accused 2 and 3 in the said complaint. Therefore, they are hereinafter referred to as 'A2' and 'A3'. Respondent 4 is impleaded in the petition since the vehicle in question was purchased by him.3. The u...
Tag this Judgment!Sidagireppa Vs. the Assistant Commissioner, Belgaum District, Belgaum ...
Court: Karnataka
Decided on: Feb-06-1998
Reported in: ILR1998KAR2232; 1998(3)KarLJ145
ORDER1. Sri K. Nagaraja, the learned High Court Government Pleader, is directed to take notice for respondents 1 and 2.2. Even though this petition is listed for preliminary hearing, the same is heard on merits and disposed of by this order, with the consent of the learned Counsel appearing on both the sides.3. Of late a disturbing trend is being noticed in the proceedings before the Prescribed Officer and the Assistant Commissioner, in the proceedings under Sections 128 to 136(2) of the Karnataka Land Revenue Act, 1964 (for short 'the Act'). In many cases, either the Prescribed Officer or the Assistant Commissioner have assumed powers to themselves to construct and decide the purport, intent and the effect of a document. In some other cases, orders are being made merely because of a decree in a partition suit without ascertaining whether or not the decree has been executed and the proceedings are terminated and in some other cases orders are being made altering the entries in the reve...
Tag this Judgment!Sri Siddalingeshwar Traders, Gangavathi and Others Vs. State of Karnat ...
Court: Karnataka
Decided on: Feb-06-1998
Reported in: ILR1998KAR2637; 1998(3)KarLJ543
ORDER1. The petitioners have in these petitions called in question the validity of a circular issued by the State Government, whereby the Deputy Commissioners of the Districts have been directed to issue release certificates to dealers, traders, millers and transporters of rice and paddy and the existing check post authorities instructed to check the transportation of rice and paddy with a view to verifying whether the stocks being takenout of the State are covered by such release certificates. The petitioners, who are rice millers and dealers in paddy and who claim to have obtained licences for carrying on their business under the Karnataka Essential Commodities Order of 1986 contend that the Circular in question is without the sanction of law and pray for a declaration that there is no legal restriction on the transportation of rice and paddy beyond the limits of the State of Karnataka. In order to correctly appreciate the contentions urged at the bar, it is necessary to briefly refe...
Tag this Judgment!State of Karnataka Vs. S. Narayanamurthy
Court: Karnataka
Decided on: Feb-05-1998
Reported in: 1998CriLJ2481; ILR1998KAR2052; 1998(3)KarLJ42
M.F. Saldanha, J.1. We have heard the learned State Public Prosecutor at some length in this case because this is one more of the instances that are vitally disturbing to the conscience of the Court. The case concerns a sexual assault on a girl who was aged hardly 7 at the time, an act that should normally have been visited with punishment that befits such an atrocity. The victim was virtually a child and was taken under a tree and sexually assaulted. Having regard to her age, undoubtedly she got injured and was bleeding and she came and told her mother that the accused had decoyed her on the pretext of giving her ice cream and that when they reached a lonely place, he stripped her and lay down on her. She described the act, being a child of tender age, and obviously unaware of what had taken place, in the following words.-'Translated into English it would really mean that she did not describe the sexual assault but stated that the accused did 'all sorts of things' to her'.2. A reading...
Tag this Judgment!Smt. Periamma Alias Derga Peeranamma Vs. the Karnataka Board of Wakfs, ...
Court: Karnataka
Decided on: Feb-05-1998
Reported in: ILR1999KAR3816; 1998(6)KarLJ86
1. This appeal is filed by the petitioner in P. Misc. No. 42 of 1991 before the Court of Principal Civil Judge, Bangalore Rural district, Bangalore. This appeal had been filed to challenge the order dated 30-9-1993 in the said Misc. Petition, whereby the Civil Judge had dismissed her petition on the ground that the requisite Court fee of Rs. 10,000/- was not paid.2. I heard the learned Counsel for the appellant Sri N.S. Krishnan and the learned Counsel for the respondents Miss. Gowhar Unnisa appearing along with Sri B.V. Sabarad.3. The facts are as hereunder:That the appellant-petitioner was allotted with 7 sites in Sy. No. 207 of Doddabommasandra village set out as Schedules 'B' and 'C' in the petition. It was valued at Rs. 2,00,000/-. She had filed a Misc. Case 42 of 1991 before the Principal Civil Judge, Bangalore rural district, Bangalore (in brief henceforth as Civil Judge) to sue the respondents as indigent person. The prayer therein was for declaration of her title and for tempo...
Tag this Judgment!Savithramma and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Feb-04-1998
Reported in: ILR1998KAR2064; 1998(3)KarLJ154
ORDER1. The present writ petition has been filed for quashing of the order dated 23-7-1988 (Annexure-A) passed by the respondent Land Tribunal, Arasikere Taluk, rejecting the application filed by the predecessor-in-title of the petitioners for grant of occupancy rights in respect of vacant site measuring East to West (134.5+131.5)/2 feet and North to South (193+210)/2 feet, situate at Arasikere Town limits under the provisions of the Karnataka (Religious and Charitable) Inams Abolition Act, 1955 (in short the 'Act') as also the order dated 23-3-1991 (Annexure-C) passed by the Civil Judge dismissing the petition filed by the predecessor-in-title of the petitioners.2. The foundational facts are not in dispute. The petitioners claims to be in occupation of the site in question, which originally belonged to Malikali Tirupathi Sri Venkataramanaswamy Temple. Admittedly, the said site was given to one late Sri M.R. Puttaswamaiah, whose legal heirs are petitioners herein, on 30 years' lease by...
Tag this Judgment!M. Venkatesh Vs. Kishore Jataram and Others
Court: Karnataka
Decided on: Feb-04-1998
Reported in: 1999(2)KarLJ535
ORDER1. These four first appeals arise from the common judgment and decree dated 31-1-1989 passed by Sri R.S. Futane, XVIII Additional City Civil Judge, Bangalore, decreeing the plaintiffs claim for the sum of money with interest at 6% p.a. claimed by the plaintiff-respondent in each case respectively i.e., in O.S. No. 2339 of 1983, O.S. No. 2340 of 1983, O.S. No. 2348 of 1983 and O.S. No. 2349 of 1983. In other words, the Trial Court decreed the suit No. 2339 of 1983 for a sum of Rs. 30,900/- with interest at the rate of 6% p.a., decreed suit No. 2340 of 1983 for a sum of Rs. 38,600/- with interest at the rate of 6% p.a., decreed suit No. 2348 of 1983 for a sum of Rs. 30,900/- with interest at the rate of 6% p.a. and decreed suit No. 2349 of 1983 for a sum of Rs. 30,900/- with interest at the rate of 6% p.a.2. The facts of the case are almost common. According to the plaintiffs' case, in all the four cases, the defendant-appellant entered into an agreement of sale on 29-7-1980. In cas...
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