Karnataka Court July 2004 Judgments

Indian Education Society (R), Rep. by Its Secretary Vs. the Commission ...

Court: Karnataka

Reported in: ILR2004KAR4349; 2004(6)KarLJ272

ORDERK.L. Manjunath, J.1. On the request of the petitioner, C.A.Site No. 1 in Ideal Homes, H.B.C.S. Rajarajeshwari Nagar, Bangalore was allotted to the petitioner on lease basis for a period of 30 years. Pursuant to the allotment order, entire lease amount of Rs. 2,24,673/- has been paid by the petitioner. As per Rules, petitioner was require to construct building and make use of the site leased in its favour for the purpose for which it was granted within a period of three years. Possession of the site was handed over to the petitioner on 29.10.1997 as per possession certificate dated 29.10.1997 which is produced as Annexure-B to the Writ Petition. A show cause notice was issued to the petitioner on 20.8.2001 as per Annexure-E stating that petitioner has failed to construct a building in accordance with the terms and conditions of lease. Therefore, petitioner was called upon to show cause why lease granted in his favour should not be forfeited. On 27.9.2001 as per Annexure-F petitione...

Raja Afroz Vs. State of Karnataka, by Principal Secretary Home and Tra ...

Court: Karnataka

Reported in: ILR2004KAR4744; 2004(7)KarLJ368

ORDERK.L. Manjunath, J. 1. The petitioner is a resident of Bangalore. The petitioner filed an application on 7.8.2000 requesting the second respondent to grant an Arms license to hold a revolver. The request of the petitioner has been rejected by the second respondent on 29.7.2002 which endorsement is produced as Annexure-A to the Writ Petition. Being aggrieved by the order of rejection of his application, the petitioner filed an appeal under Section 18 of the Arms Act of 1959 before the first respondent on 16.8.2002. Thereafter, the petitioner requested the first respondent to dispose of the appeal filed by him. Till today, the said appeal is not considered by the first respondent. Therefore, the petitioner has approached this Court to direct the respondent to issue an Arms license to acquire a revolver.2. The respondents have filed a detailed counter. In paragraph 5 of the counter, the respondents have taken a stand that the Deputy Commissioner of Police did not recommended the case ...

Bangalore Printing and Publishing Co. Ltd. Vs. Soukar T. Premanath

Court: Karnataka

Reported in: ILR2004KAR3729

N.K. Jain, C.J.1. This Appeal is filed against the order dated 22.10.2003 passed in W.P.No. 38353/2003 whereby the learned Single Judge rejected the Writ Petition with cost of Rs. 1,000/-. The learned Counsel has deposited the costs.2. The land lord-respondent filed O.S.No. 378/2002 for ejectment of the tenant and also for arrears of rent. The tenant filed written statement. Later on the tenant filed I.A.No. 4 for amendment of the written statement to take up an additional plea regarding jurisdiction. The said amendment application was rejected by the trial Judge. The said order of the trial Judge was challenged in the Writ Petition. The learned Single Judge on consideration rejected the Writ Petition.3. The grievance of the appellant is that while disposing of the Writ Petition, the learned Single Judge has gone into the merits of the case which was not required and would prejudice his case in the appeal.4. Learned Counsel for the respondents submits that after the disposal of the Wri...

Smt. Ramakka and ors. Vs. the Bangalore Mahanagara Palike, by Its Comm ...

Court: Karnataka

Reported in: ILR2004KAR3996; 2004(6)KarLJ8

S.R. Nayak, J.1. All these writ appeals are directed against the Order of the learned Single Judge dated 13th October,2000 passed in Writ Petition Nos. 38414-15 of 1999 and the batch.2. Writ Appeal Nos. 593-601 of 2001, 674 of 2001, 888 of 2001, 4312 of 2001, and 688 of 2001 are filed by the owners of the properties in question, whereas the remaining writ appeals are filed by the Bangalore Mahanagara Palike (for short, the Corporation). The owners of the properties would contend that the action taken by the Government of Karnataka in the purported exercise of power under Section 98 of the Karnataka Municipal Corporations Act, 1976 (for short, the Act) is one without authority of law and therefore, the order of the learned Single Judge cannot be sustained. In the Writ Appeals preferred by the Corporation, the limited attack is that the learned Single Judge erred in law in granting personal hearing to the owners of the properties in question in the proceedings initiated by the State Gove...

Chamundi Roller Flour Mills Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: ILR2004KAR4544; 2004(5)KarLJ388

ORDERK.L. Manjunath, J.1. Though the matter is listed for orders, by consent, the writ petition is heard on merits.2. The petitioner is a miller carrying on the business of production of Maida, Sooji, Atta, etc., since 1973. On 21-5-2004 the respondents 3 and 4 along with their officials intercepted the godown of the petitioner and seized the wheat available in the godown by drawing two mahazars. In addition to the seizure of wheat available in the godown, the wheat available in 7 lorries which were parked within the premises of the petitioner's mill was also seized. On 28-5-2004 a show-cause notice was issued to the petitioner calling upon him to show cause why the wheat seized by the respondents 3 and 4 under two mahazars dated 21-5-2004 should not be confiscated under the provisions of the Essential Commodities Act, 1955. The petitioner sent a detail reply to the said show-cause notice. Thereafter, the petitioner filed a writ petition before this Court in W.P. No. 21840 of 2004 chal...

Ansys Software Pvt. Ltd.

Court: Karnataka

Reported in: [2004]122CompCas526(Kar)

D.V. Shylendra Kumar, J.1. This is an application filed under section 391 of the Companies Act, 1956 ('the Act' for short), praying for the following reliefs :'1. Dispensing with the meeting of the secured creditors of the applicant-company in view of the fact that the applicant-company has no secured creditors.2. Dispensing with the meeting of the secured creditors of the applicant-company in view of the fact that the applicant-company has substantially paid off most of its unsecured creditors and in light of the fact that others have submitted their letters of consent to the proposed scheme of amalgamation.3. Dispensing with the meeting of the shareholders of the applicant- company in view of the written consent of the shareholders of the applicant-company to the scheme.4. Directions may be given as to the manner of holding and conducting the meeting of 1, 2 and 3 above if this hon'ble court is of the opinion that such meetings require to be convened.5. A chairman or chairmen may be ...

Dr. Vanitha K. Bhat and anr. Vs. Sms Software Pvt. Ltd.

Court: Karnataka

Reported in: [2005]124CompCas155(Kar); [2005]59SCL602(Kar)

D.V. Shylendra Kumar, J.1. The subject-matter of this company petition is essentially a lis between the landlords and the tenant. The petitioners are the landlords and the respondent is the tenant.2. The petition averments indicate that the tenant had violated certain terms of the agreement and in respect of such violations had put forth certain claims in the nature of damages. The respondent-company having not complied with the demand of the petitioners to pay such amounts the petitioners had occasion to cause issue of a legal notice indicating that the provisions of Section 433 and 433(e) will be pressed into service, if the respondent does not comply with the demand in the notice.3. The respondent-company having not responded to this notice also, the present petition is presented praying for an order to wind up the affairs of the respondent-company.4. Sri Ravi Prakash, learned counsel for the petitioners submit that the respondent-company having not responded to the statutory notice...

Indian Medical Association, Karnataka State Branch (ima) and ors. Vs. ...

Court: Karnataka

Reported in: 2004(5)KarLJ135

ORDERD.V. Shylendra Kumar, J.1. Petitioners are organisations in the nature of Associations. First petitioner is Indian Medical Association, second petitioner is Private Hospitals and Nursing Home Association and the 3rd petitioner is Karnataka Private Medical Establishments Association. Petitioners claim to he aggrieved by the description attributed to the activities of managing the Hospitals, Nursing Homes and Diagnostic Centres by calling it a trade and compelling them to obtain what is known as 'trade licence' as envisaged in Section 353 of the Karnataka Municipal Corporations Act, 1976 read with Schedule X to the Act.2. Sri D.V. Joga Rao, learned Counsel for the petitioners submits that it is not so much of importance for the payment of fee required to be paid for obtaining a licence nor the requirements of obtaining a licence to carry on the activities and in running private Hospitals, Nursing Homes etc., but it is the description of the name of the licence called as 'trade licen...

New India Assurance Co. Ltd. Vs. Smt. Basavva and anr.

Court: Karnataka

Reported in: 2005ACJ724; AIR2004Kant455; ILR2004KAR3887

ORDERManjunath, J. 1. The first respondent - Basavva presented a claim petition in MVC No. 255 of 2003 before the Court of District Judge and MACT No. I, Bagalkot claiming compensation on account of injuries sustained by her in the accident occurred on 26.01.2003 . The second respondent-Basavaraj was driving the motor cycle bearing No. KA -23/Q 7729 and first respondent - Basavva was pillion rider of the said motor cycle. On presentation of the claim petition, the MACT issued notice to the petitioner which was received by the insurance company on 24.6.2003. As per the notice, the petitioner was required to appear before the Court on 30.6.2003. From 30.6.2003 the case was adjourned to 29.9.2003. On which date, the petitioner - Insurance company filed statement of objections alongwith an application under Section 151 of CPC requesting the claims Tribunal to receive the written statement on the ground that the statement filed by the petitioner-Insurance company was beyond 90 days. The Tri...

Santosh Alias Santoshayya Shantayya Hiremath Vs. Hubli-dharwad Municip ...

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. This writ petition is filed by a person, who claims to be the adopted son of a former employee, who was working as Sanitary Health Inspector in Hubli-Dharwad Municipal Corporation and who had died while in service.2. Petitioner has sought for providing appointment to him on compassionate grounds.3. It is the plea of the petitioner that as at the time of the death of his father, he was still a minor and that he having attained the majority during the year 2002, had filed an application for compassionate appointment of 21-11-2002. It is significant to note that the petitioner's plea is that his father died on 5-5-1995.4. Learned Counsel for the petitioner submits that the appointment on compassionate grounds even in the 1st respondent-Municipal Corporation is governed by Rule 3 of the Karnataka Civil Services (General Recruitment) Rules, 1977, issued under Notification No. DPAR 100 SCA 95, dated 12-9-1996, which has been adopted by the Corporation.5. Learn...