Karnataka Court February 2002 Judgments

Chako and anr. Vs. Deputy Commissioner, Shimoga District, Shimoga and ...

Court: Karnataka

Reported in: 2002(3)KarLJ175

ORDERN.K. Patil, J. 1. With the consent of the learned Counsels appearing for the petitioners and the respondents, the matter is taken up for hearing.2. Heard the learned Counsels appearing for the petitioners and respondents at a considerable length of time.3. The petitioners have assailed the legality and validity of the eviction notice issued by the 2nd respondent on 28-3-2000. Further they sought for a mandamus directing the 1st respondent to dispose of the applications filed by the petitioners on 31-12-1998 under Form 52 under Section 94-B of the Karnataka Land Revenue Act for regularisation of their unauthorised occupation in respect of land bearing Sy. Nos. 54 and 55, measuring an extent of 3 acres of Gudihithlu Village, Barangi Hobli, Sagara Taluk, Shimoga District.4. 1st petitioner is the father of the 2nd petitioner and they constitute a joint family. 1st petitioner is in possession of the land bearing Sy. Nos. 53 and 55 of Gudihithlu Village as an unauthorised occupant for m...

Cargill Seeds India Limited, Bangalore Vs. State by Assistant Director ...

Court: Karnataka

Reported in: 2002CriLJ3806; ILR2002KAR3730; 2002(3)KarLJ597

ORDERM.P. Chinnappa, J.1.Heard Sri C.V. Nagesh, the learned Counsel for the petitioner and the learned State Public Prosecutor for the respondent.2. The brief facts of the case are that on 30-6-1995 the respondent herein had gone to the shop of one of the accused persons at Balki and collected the seeds stored by them for sale and thereafter, he sent the samples to the Seed Analyst and after receipt of the report, he filed a complaint under Section 200 of the Cr. P.C. before the Judicial Magistrate First Class Court, Balki which was registered in C.C. No. 520 of 1995 on his file for the offence punishable under Section 19-A of the Seeds Act (for short 'the Act'). The learned Court has taken cognizance and issued summons to the accused persons. The petitioner who is accused 5 has questioned the order in this petition filed under Section 482 of the Cr. P.C.3. The learned Counsel for the petitioner at the very outset has drawn my attention to Section 19 of the Act which reads.--'If any pe...

Gowramma and ors. Vs. Shamanna Reddy

Court: Karnataka

Reported in: ILR2002KAR2723; 2002(5)KarLJ131

D.V. Shylendra Kumar, J.1. The respondent has entered Caveat and is represented by his Counsel Sri P.R. Nanjunda Swamy. 2. These appeals are taken up for final disposal with the consent of the learned Counsels appearing on both sides. 3. These three appeals arise out of a common order dated 7-9-2001 passed on three applications in O.S. No. 4912 of 2000 pending before the XVII Additional City Civil Judge, Bangalore City, Bangalore. 4. The present appellants are the plaintiffs in the suit and the respondent is the sole defendant. The case of the plaintiffs in the suit is that the suit schedule property had fallen to the share of one Narayana Reddy in a family partition in the year 1978 and after the death of Narayana Reddy, the 1st plaintiff as the wife and the 2nd and 3rd plaintiffs as the sons have succeeded to the property of Narayana Reddy. The defendant was trying to interfere with their peaceful possession and enjoyment and trying even to alienate the said property. The wife and ch...

Gangawwa Vs. Rudragouda Daramagonda Patil and ors.

Court: Karnataka

Reported in: 2002(6)KarLJ387

ORDERN.K. Patil, J. 1. With the consent of the learned Counsels appearing for both the parties, the matter is taken up for hearing.2. Heard the learned Counsel appearing for the petitioner, 1st respondent and the Government Pleader for respondents 2 to 4.3. The petitioner is assailing the legality and validity of the impugned order dated 24-11-1999 passed by the 4th respondent in RTS:AP:156+158/95-96 (Annexure-F).4. The father of the petitioner had no male issues. Taking into consideration of his age factor he was affectionate towards the petitioner and applied to the Tahsildar, on 25-4-1988 requesting to enter the name of his daughter in respect of the lands bearing Sy. No. 231, situated Shirangapur and Sy. Nos. 295 and 321 situated at Madalur village of Saundatti Taluk to the extent of his 1/2 share. In pursuance of the application filed by the petitioner's father, the revenue authorities have sanctioned the mutation in M.E. Nos. 3669 and 2646 in favour of the petitioner and her name...

Paul D'Souza and Ors. Vs. Canara Bank, Bangalore and Ors.

Court: Karnataka

Reported in: [2003]113CompCas19(Kar); 2002(2)KarLJ451

ORDERR. Gururajan, J.1. I.A. No. I filed for additional grounds and additional prayer is allowed.Petitioner in this petition is challenging the order passed by the Presiding Officer of Debt Recovery Tribunal, Bangalore, dated 2-12-1996 as also the order passed by the Registrar, Debt Recovery Tribunal at Annexure-E, dated 31-7-1998.2. Facts in brief are as under:Petitioners are the legal heirs of one Sri John D'Souza, an Advocate of this Court. He died on 10-11-1994. A suit came to be filed for recovery of Rs. 3,53,29,005.33 in the Court of the Civil Judge, Nanjangud, against Mr. John D'Souza and three others. During the pendency of the suit, Mr. John D'Souza died. The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 came into force on 30-11-1994. When the Act cameinto force Mr. John D'Souza was not alive. The death was reported by the Advocate representing him on 22-12-1994 by filing a memo before the learned Civil Judge. The Civil Court by an order dated 10-3-1995 s...

Nair Coal Services Limited, Nagpur and anr. Vs. Karnataka Power Corpor ...

Court: Karnataka

Reported in: ILR2002KAR2575; 2002(3)KarLJ101

ORDERChandrashekaraiah, J.1. These two petitions can be disposed off by a common order as common question is involved in both the cases. 2. In these petitions the petitioners seek to challenge the tender notification dated 8-6-2001 (Annexure-A) inviting tenders from persons to work as Coal Transportation Agency for movement of coal from Singarani Collieries, Western Coal Fields and Mahanadi Coal Fields to Raichur Thermal Power Station and the clarification dated 14-6-2001. 3. The brief facts in these cases are as follows.-Respondent 1-Government company issued a tender notification inviting tenders from reputed coal transport agencies for the purpose of awarding contract for a period of three years for the movement of coal from three collieries, viz., Singarani Collieries (SCCL), Western Coal Fields (WCL) and Mahanadi Coal Fields (MCL) to Raichur Thermal Power Station (RTFS) by all rail mode. As per the notification, the bidders have the option to apply for the contract for movement of...

G.S. Suresh Reddy and anr. Vs. Karnataka State Financial Corporation, ...

Court: Karnataka

Reported in: AIR2002Kant239; 2002(4)KarLJ349

ORDERD.V. Shylendra Kumar, J. 1. This is yet another petition by the borrowers of loan from the first respondent-Financial Corporation complaining of the action on the part of the Financial Corporation who has resorted to recovery proceedings for the realization of the amounts due to the Corporation from the petitioners. 2. It is not in dispute that the petitioners had borrowed certain amounts and that amounts have not been paid as per the agreed terms. It also appears that the petitioners' unit suffered certain damages due to fire mishap and the insurance amount paid for the loss suffered by the unit has also been received by the Corporation and adjusted towards the outstanding loan against the petitioners' account. 3. The main grievance of the petitioners is that the petitioners had not been put on notice before the respondent-Corporation had resorted to recovery proceedings and before issuing the communication at Annexure-F, dated 18-4-2001 which has been issued by the officers of t...

Narayan and ors. Vs. Deputy Commissioner, Uttara Kannada, Karwar and a ...

Court: Karnataka

Reported in: AIR2002Kant273; 2002(4)KarLJ382

ORDERD.V. Shylendra Kumar, J. 1. These petitions are by persons who claim that they own certain extent of private lands where there is certain tree growth and who have applied to the second respondent-Tree Officer for permission to cut and remove those trees under Section 8 of the Karnataka Preservation of Trees Act, 1976 (hereinafter referred to as the 'Act' for short). The applications filed by the petitioners to the Tree Officer are produced as An-nexures-A, B, C, D, E and F. The applications are dated 20-7-2000, 20-7-2000, 20-7-2000, 20-7-2000, 7-7-2000 and 20-7-2000 respectively. The grievance of the petitioners is that notwithstanding the applications having been made more than one and half years back, the second respondent-Tree Officer has failed to pass any orders on the same and the same has put them to considerable difficulty and hardship inasmuch as the trees are getting ripe and old and are required to be felled immediately as otherwise they may lose the timber value. 2. Th...

Boregowda Vs. the Special Deputy Commissioner and ors.

Court: Karnataka

Reported in: 2002(5)KarLJ174

N.K. Patil, J.1. The matter is taken up for hearing with the consent of the learned Counsels appearing for both the parties.2. The petitioner assailed the legality and validity of the impugned order in R.A. No. 8 of 1987-88, dated 28-3-1990 and order dated 16-7-1991 made in R.A. No. 7 of 1990-91 and further order dated 4-4-1997 made in Revision Petition No. 179 of 1991 passed by the respondents 2 and 1 respectively. Further, sought for a direction directing the respondents to grant any other relief if it is permissible under law.3. The petitioner contended that he is the absolute owner of the land bearing Sy. No. 154 of Baragooru Village, Dandiganahalli Hobli, Channarayapatna Taluk, Hassan District, measuring 3 acres 4 guntas. The said land was granted to the petitioner by the Tahsildar, Channarayapatna vide grant order dated 30-6-1982. From the date of grant, till today the petitioner is in peaceful possession and the enjoyment of the land in question. Before the Assistant Commissione...

Narayan Etc. Vs. Deputy Commissioner, Uttara Kannada and anr.

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. These petitions are by persons who claim that they own certain extent of private lands where there is certain tree growth and who have applied to the second respondent. Tree Officer for permission to cut and remove those trees under Section 8 of the Karnataka Preservation of Trees Act, 1976 (hereinafter referred to as the 'Act' for short). The applications filed by the petitioners to the Tree Officer are produced as Annexure A, B, C, D, E and F. The applications are dated 20-7-2000, 20-7-2000, 20-7-2000, 20-7-2000, 7-7-2000 and 20-7-2000 respectively. The grievance of the petitioners is that notwithstanding the applications having been made more than 1 1/2 years back, the second respondent-Tree Officer has failed to pass any orders on the same and the same has put them to considerable, difficulty and hardship in as much as the trees are getting ripe and old and are required to be felled immediately as otherwise they may lose the timber value.2. The learn...