Karnataka Court March 2003 Judgments
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Vincent Stephen D'Souza Vs. Joseph D'Souza and Ors.
Court: Karnataka
Decided on: Mar-20-2003
Reported in: ILR2003KAR1990
ORDERPatil, J.1. The learned Government Advocate accepts notice for respondents 5 and 6.2. The petitioner, assailing the legality and validity of the order passed by the Land Tribunal, Mangalore, dated 24.3.1999 in proceedings No. LRT 253/81-82 in so far as it relates to the schedule properties, has filed this Writ Petition.3. The case of the petitioner is that Respondents 1 and 2 filed Form No. 7 for grant of occupancy rights in respect of the lands in question showing respondents 3 and 4 as the owners. When proceedings were commenced, the petitioner represented by his GPA holder, has filed an application to implead himself as a necessary party in the said proceeding on the ground that as per the family settlement deed, he has also got a share in the properties. The Land Tribunal, after considering the oral and documentary evidence on record, granted occupancy rights in favour of respondents 1 and 2. Assailing the said order passed by the Land Tribunal, the petitioner has presented th...
Banubai Vs. Shivasharanappa
Court: Karnataka
Decided on: Mar-20-2003
Reported in: III(2003)BC168; 2003CriLJ2419; ILR2003KAR1996; 2003(3)KarLJ466
ORDERBhakthavatsala, J.1. This is complainant's Criminal Appeal filed under Section 378(4) of Code of Criminal Procedure directed against order dated 20.6.1998 passed in C.C. No. 526/1997 on the file of III Additional J.M.F.C., Gulbarga, dismissing the complaint for non-prosecution and also recording an order of acquittal in favour of the Accused for the offence under Section 138 of the Negotiable Instruments Act, 1881.2. The Respondent/Accused is represented by Sri Ajit J Gunjal.3.The brief facts of the case leading to the filing of the Appeal by the Complainant may be stated as under:The Appellant/Complainant filed a private complaint under Section 200 of Cr.P.C., against the Accused contending that the Accused had committed an offence under Section 138 of the Negotiable Instruments Act. The case was registered in C.C. 576/1997 on the file of III Additional J.M.F.C., Gulbarga. On 20.6.1998, when the case had been posted for evidence and for issuance of N.B.W to Accused, the Accused v...
Ulleppa and ors. Vs. Smt. Gangabai
Court: Karnataka
Decided on: Mar-20-2003
Reported in: 2003CriLJ2566; II(2003)DMC488; ILR2003KAR1946; 2003(5)KarLJ227
ORDERGururajan, J. 1. Petitioners are challenging an order passed by the Family Court at Gulbarga in Criminal Misc. No. 92/2001 dated 11.11.2002.2. One Gangabai wife of late Siddanna Kamballi, claiming to be the mother of the petitioners filed an application seeking for maintenance from the petitioners under Section 125 of the Cr.P.C. matter was contested. According to the petitioners, respondent is not their mother and that therefore she is not entitled for any maintenance. They have also denied other averments. Learned Trial Judge by a detailed order has granted a sum of Rs. 400/- p.m. as maintenance to the respondent herein. This order is challenged in this case. Notice was issued. Respondents have entered appearance.3. Learned Counsel for the petitioner argues before me that respondent is not a mother and she is only a step-mother. Therefore she is not eligible for any maintenance in terms of the laws governing maintenance. Learned Counsel for the respondent on the other hand, argu...
Syed Shabbir HussaIn and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Mar-20-2003
Reported in: ILR2003KAR2357; 2003(3)KarLJ395
ORDERChandrashekaraiah, J.The petitioners have filed these writ petitions seeking for a direction to respondents 1, 2 and 3 to hold an enquiry into the violation of constitutional right under Articles 21 and 22(2) of the Constitution of India and for payment of compensation of Rs. 5,00,000/- to each of the petitioners for putting handcuffs, chaining and treating them like animals, making them nude and being paraded from Police Station to Magistrate's House at Koppal on 20-11-1998 and for other reliefs.2. The case of the petitioners is that they were arrested on 19-11-1998 and were produced before the Magistrate on 20-11-1998, i.e., after 24 hours and the further allegation of the petitioners is that when they were taken from the Police Station to the Magistrate Court they were handcuffed, chained and paraded in the street and they were made to remove all clothes except underwear. On these allegations, this Court by an order dated 16-6-1999 directed the 3rd respondent to hold an enquiry...
M.P. Krishnappa Vs. Union of India (Uoi) and ors.
Court: Karnataka
Decided on: Mar-20-2003
Reported in: 2003(4)KarLJ1
ORDER1. The petitioner is a practising Advocate having served as Director of the Union Bank of India for 5 years and having technical knowledge of Bank and banking transactions. It is stated that while he was sitting in Court Hall No. 15, matter was argued in W.P. No. 19064 of 2000 filed by B. Vijayabhaskar Shetty, 4th respondent herein against State Bank of India, 2nd respondent herein. The petitioner went through the writ petition and found that malpractice and fraud was committed by the Bank authorities while exercising power in State Bank of India. It is also stated that later it has come to his notice that the 4th respondent herein who was the petitioner in W.P. No. 19064 of 2000 entered into a compromise with State Bank of India and withdrew the writ. Since the Bank has hushed up the matter keeping away the 4th respondent, the present public interest litigation was filed on 17-8-2000 seeking for a direction that an enquiry be ordered through CBI into the Suspense Account and Bran...
V.P. Patil Vs. Income-tax Officer and anr.
Court: Karnataka
Decided on: Mar-20-2003
Reported in: [2003]262ITR135(KAR); [2003]262ITR135(Karn)
S.R. Nayak, J. 1. The assessee feeling aggrieved by the order of the learned single judge of this court, dated January 22, 1999, in Writ Petition No. 43139 of 1993 has preferred this writ appeal.2. The facts in brief are :3. The appellant who claims to be a civil contractor declared a total income of Rs. 86,810 in his return of income filed on February 6, 1992, for the assessment year 1991-92. The return was accompanied by a profit and loss account, balance-sheet, statement of tax deducted at source, etc. The assessing authority in intimation under Section 143(1)(a) of the Income-tax Act, 1961 (for short, 'the Act'), computed the total income of the appellant-assesses at Rs. 5,21,760, as, while processing the return, he found that the assessee had short-totaled the gross bills received from the Karnataka Housing Board (K. H. B). Consequently, the assessing authority added the difference (Rs. 27,55,383 minus 23,20,428) of Rs. 4,34,955 to the income declared by the appellant.4. Aggrieved...
Laxman Sangappa Savadi Vs. Dongaragaon Shahajan and ors.
Court: Karnataka
Decided on: Mar-20-2003
Reported in: ILR2003KAR2732
ORDERGururajan, J.1. Laxman Sangappa Savadi, an unsuccessful candidate in the election to the Athani constituency is before me seeking for a declaration declaring that the election of first respondent to the House of Assembly from 209 Athani Constituency as null and void. Petitioner alternatively prays that the petitioner be duly declared as elected to 209 Athani Assembly Constituency to fill the seat of the house.2. Facts as narrated in the petition are as under:Petitioner hails from an agricultural family and is a social activist in Athani for several years. He is an active member of National United Janata Dal political party. He aspired to contest to the seat of Assembly from 109 Athani Constituency and sought for ticket from the United Janata Dal Party. Party issued him 'A' and 'B' forms to file his nomination. Prior to issue of those forms the petitioner had filed nomination on 23.8.1999 and he had submitted the forms on 24.8.1999 at 2.45 P.M. to the Returning Officer. The same po...
Smt. Gourawwa and ors. Vs. Basappa and anr.
Court: Karnataka
Decided on: Mar-19-2003
Reported in: ILR2003KAR1491; 2003(3)KarLJ263
M.P. Chinnappa, J.1. The brief facts leading to this appeal are that the 1st appellant is the legally wedded wife of the 1st respondent and appellants 2 to 5 are their children born from their legal wedlock and they constitute a joint family. It is alleged that misunderstanding arose between the appellants on the one side and the respondent 1 on the other and that the 1st respondent is residing and messing separately from the appellants. It is also alleged that the properties more fully described in the Schedule of the plaint are the ancestral joint family properties standing in the name of the 1st respondent being eldest male member of the joint family. Nonetheless, the appellants and the respondent 1 are in joint possession of the property. According to the appellants, the respondent 1 is addicted to vices and was squandering money for his self-satisfaction, on liquor etc. Recently they came to know that the 1st respondent has sold landed property bearing S. No. 56/1B measuring 4 acr...
M.P. Muniratnappa Vs. the State of Karnataka, Rep by Its Secretary, Ho ...
Court: Karnataka
Decided on: Mar-19-2003
Reported in: 2003CriLJ2641; ILR2003KAR1687; 2003(4)KarLJ77
ORDERChandrashekaraiah, J. 1. The petitioner has challenged the order of the State Government dated 30.7.2002 according sanction for prosecution under Section 197 of the Criminal Procedure Code.2. The petitioner is an officer in the State Accounts Department, Government of Karnataka. While he was working on deputation in the Karnataka Housing Board as a Controller of Finance, on certain allegations a criminal complaint was lodged by the Karnataka Housing Board with the jurisdictional police. Thereafter on certain investigations the Inspector General of Police submitted the report to the State Government seeking for grant of sanction for the purpose of prosecution under Section 197 of Cr.P.C. (hereinafter referred to as the Code). On that Report, the Home Department passed an order according sanction for prosecution. The said order has been published in the name of the Governor as required under Article 166 of the Constitution of India. This order is under challenge by the petitioner in...
K. Achutha Pai Vs. Joseph Tauro and ors.
Court: Karnataka
Decided on: Mar-19-2003
Reported in: ILR2003KAR3268; 2003(5)KarLJ399
Majage, J.1. This appeal by the appellant/plaintiff is directed against the judgment and decree passed in O.S.No. 5/1997 on the file of the Court of District Judge, D.K., Mangalore, by which he has been refused letter of administration.2. For the sake of convenience, the parties will be referred hereinafter as shown in the impugned judgment and decree i.e., plaintiff and defendants.3. Brief facts giving rise to the present appeal are: plaintiff filed an application under Section 276 of the Indian Succession Act registered as P and SC No. 26/1996 for grant of letter of administration in connection with Will dated 4.2.1987 executed by deceased Charistine Tauro with regard to 23 cents of land in Sy.No. 410/1 of Karkala Kasaba village in his favour. Disputing the Will, it was opposed by the defendants, ie., children of said deceased. As the claim of plaintiff became contentious, an order was passed for converting the said proceedings into original suit as provided under Section 295 of the ...
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