Karnataka Court June 2006 Judgments

Mr. T. Mukesh S/O B. Thyagarajan, Vs. Government of Karnataka by Secre ...

Court: Karnataka

Reported in: 2006CriLJ3741

ORDER1. All these petitioners are before this Court seeking for a writ in the nature of habeas corpus or any other appropriate declaring that the detention of Sri Bheemappa Thyagarajan, Mr. Venkoba Rao, Sri G. Raghu Gowda, Sri Anothony Dominik, by order dtd 28-1-2006 is illegal and void ab-initio. 2. Detention order dtd 28-1-2006 waa issued by Sri Sudhakar Rao, Principal Secretary to Government, Home Department, who was specially empowered under Section 3(1) of the COFEPOSA Act detaining the aforementioned detenues with a view to preventing them from acting in any manner prejudicial to the conservation of foreign exchange and with a view to preventing them from smuggling goods. The detenues were taken in detention. On 30-6-2006 a notification dtd 28-1-2006 was issued to the detenues containing the grounds of detention along with the order of detention. List of documents and copies thereof were also served. Aggrieved by the said order, petitioners are before this Court.2. Notice was iss...

Mr. Ataulla S/O Syed Abdul Gafoor Vs. State of Karnataka

Court: Karnataka

Reported in: 2006(5)KarLJ319

K. Sreedhar Rao, J.1. The appellant - accused No. 1 is convicted for offences punishable under Sections 342 and 326 of Indian Penal Code and sentenced to undergo simple imprisonment for three months for the offence under Section 342 I.P.C. and further undergo simple imprisonment for a period of two years and pay fine of Rs. 2,000/- for the offence under Section 326 I.P.C. The Accused No. 2 who had faced the trial is acquitted.2. The case of the prosecution discloses that PW-1 -victim, was plying the auto belonging to A-1 on hire. There were arrears of Rs. 225/- payable by PW-1 to A-1. On 27.2.97 A-l took away the auto from the house of PW-1. Again A-1 and A-2 re-visited the house of PW-1 at 2.30 p.m. and forcibly took away PW-1 to their shed. He was tied by rope, poured acid on both the hands and was made to be in the shackled state for about two hours. Thereafter release him, PW-1 goes to the house of his brother PW-6. At about 10 p.m. in the night, PW-4 Gangadhar bring PW-1 to his ho...

C. Channegowda S/O Late Channegowda Vs. the State of Karnataka Represe ...

Court: Karnataka

ORDERR. Gururajan, J.1. This petition is by Sri. Channegowda challenging the order of the Karnataka Administrative Tribunal passed in Application No. 6212/2005 dated 10.5.2006.2. The petitioner was working as a Village Accountant. He was eligible for promotion to the post of Revenue Inspector. He was promoted along with others. In the promotion order, the name of Sri. Sreeramareddy, the 3rd respondent is shown at Sl. No. 22. The petitioner on promotion was posted to the office of the Rent Controller, Bangalore. The post to which the petitioner was posted is not vacant and hence he was not relieved from his duties. In the meanwhile, in the general transfer for the year 2005-06, transfers were effected, in that, the said posting of the petitioner to the office of the Rent Controller was cancelled and he was posted to Sarakki Circle in place of the 3rd respondent. In the official memorandum, a reference is made to the Government Orders dated 22.11.2001, 2.5.2005, 14.6.2005 and 30.6.2005. ...

Dr. K.R. Mahesha S/O K.T. Raju and ors. Vs. State of Karnataka by Its ...

Court: Karnataka

Reported in: ILR2006KAR2752; 2006(6)KarLJ641

ORDERD.V. Shylendra Kumar, J.1. Writ petition by persons who are serving as Medical Officers in the Government and who had written the entrance examination conducted by the Rajiv Gandhi University for selecting the candidates for admission to post graduate medical courses whose performances had been notified in terms of the rankings assigned to them and who had also been counseled but completion of the counselling having stopped midway and the Government also having indicated that certain changes are sought to be effected to the method and manner of counselling that the earlier ranking and counselling are of no consequence but it is to be freshly assigned and re-counseling would take place by the PGET-2006, are before this Court questioning the Notification dated 12-6-2006 [copy at Annexure-Q] which has brought about such changes midway impugning the legality of the same.2. As indicated above, tile petitioners had written examination, rankings were made known and on the basis of such r...

Bharamraj S. Parmaj S/O. Shantinath Parmaj Vs. the State of Karnataka ...

Court: Karnataka

Reported in: ILR2006KAR2896; 2006(6)KarLJ350

ORDER1. These two writ petitions involving the common question of law were heard together and they are accordingly disposed of by this common judgment.2. The primary question for consideration in these two writ petition is whether this Court should entertain the petitions which are purportedly filed as the public interest litigation.3. The brief reference to the factual position would suffice.4. The petitioners in W.P.No. 8003/2006 are the ex-corporator of the Belgaum Municipal Corporation, whereas the petitioners in W.P.No. 8004/2006 are the ex-corporators and the social workers of the Gulbarga City, They have filed these two writ petitions under Articles 226 & 227 of the Constitution by way of public interest litigation for issue of a writ of mandamus directing the respondents 1 to 3 to hold elections to the 4th respondent - Municipal Corporation after completion of the process of de-limitation/determination/constitution of wards as per the 2001 census as provided under Section 21(1)...

Sri. D.K. Jagannath S/O D.S. Krishna Sa Vs. Smt. Leelavathi W/O Late V ...

Court: Karnataka

Reported in: ILR2006KAR3615; 2006(5)KarLJ330

ORDERH.V.G. Ramesh, J.1. This revision is filed under Section 46(1) of the Karnataka Rent Act, 1999 being aggrieved by the order dated 4.8.2003 passed by the XII Addl. Small Causes Judge, Bangalore in HRC 1771/1997.2. A petition was filed by the landlady under Section 27(1)(a) & (h) of the Karnataka Rent Control Act, 1961 and latter under the amended Act, 1999, the petition was maintained under Section 27(2)(a)(r). The petition premises is non-residential on a monthly rental of Rs. 720/- and the respondent/tenant is running a printing press in the premises. Stating that since January 1996 the rent has not been paid and that the petitioner is having three sons and two daughters and two sons have been accommodated and that the third son intends to start a electrical motor rewinding business in the petition premises and at present he is working else where in West of Chord Road and as such, she has filed the eviction petition.3. The petition was contested by the tenant stating that there i...

M. Pushpavathi W/O Jayaram Vs. Sri S. Papanna S/O Ramadasappa (Since D ...

Court: Karnataka

Reported in: 2006(6)KarLJ16

ORDERD.V. Shylendra Kumar, J.1. Petitioner is a person who has purchased a piece of agricultural land measuring an extent of 2 acres 18 guntas in survey No. 46 of Kaggalipura Village, Uttarahalli Hobli, Bangalore South Taluk under three different sale deeds dated 17-4-1995 registered on 23-8-1995 for a valuable consideration in terms of the sale deed executed by one Papanna who is no more and whose legal representatives figure as respondents in this writ petition.2. Unfortunately, this transaction has run into rough waters as at the instance of the very vendor who had petitioned the Assistant Commissioner, Bangalore South Sub-Division seeking benefit under the provisions of the Karnataka Scheduled Caste & Scheduled Tribe [PTCL] Act, 1978 [for short the Act'] for invalidation of the sale transaction, resumption of the land and for restitution, the Assistant Commissioner had issued notice to the purchaser, held an enquiry and in terms of his order dated 27-4-2001 invalidated the sale tra...

Smt. EfrigIn Joseph Fanty (Since Deceased by Her L.R. Peter Joseph Fan ...

Court: Karnataka

Reported in: ILR2006KAR3379; 2006(5)KarLJ309

ORDERH.V.G. Ramesh, J.1. This petition is filed under Section 115 of CPC being aggrieved by the order passed by the District Judge, Karwar in Rent Revision Petition No. 24/88 in confirming the order passed by the Munsiff, Kanvar in H.R.C. No. 2/85 in rejecting the petition filed by the petitioner seeking for eviction.2. The petition premises situate at Karwar Municipal No. 1477, Karwar. Originally, the petition was filed by the mother of the petitioner herein seeking for possession of the petition premises from the respondent herein who is the tenant under the landlady for a monthly rental of Rs. 40/-. She has contended that her son is a diploma holder in Air Condition & Refrigeration serving at Bombay and he intends to establish a business in the petition premises as such she require the vacant possession of the petition premises for his bonafide use and occupation. The said petition was resisted by the tenant. After enquiry, the trial Court held that the requirement of the son is not...

Siddaiah @ Huchaiah S/O Anasale Huchaiah Vs. Siddaiah S/O Siddaiah @ K ...

Court: Karnataka

Reported in: ILR2006KAR3762

ORDERV.G. Sabhahit, J.1. This Writ Petition under Articles 226 and 227 of the Constitution of India is filed being aggrieved by the order passed by the Karnataka Appellate Tribunal in Appeal No. 80/1998 dated 23.02.2001, allowing the appeal and setting aside the order passed by the Deputy Commissioner, Mandya District, dated 15.09.1995 and remitting the matter to the Assistant Commissioner, Mandya Sub-Division, Mandya, to conduct spot inspection of the area in question, after giving due notice to the parties and to get the land surveyed and fix the boundaries of the kharab land and to identify as to who is in possession of what extent of kharab land and take action to regularize the occupation in favour of the parties in possession after following the procedure laid down in this regard and in the light of the observations made in the order.2. It is the case of the petitioner that the grand mother of the petitioner, Smt. Kallamma made an application seeking for grant of land and the Ass...

H.B. Gowramma W/O Late S.G. Nanjundappa Vs. the Life Insurance Corpora ...

Court: Karnataka

Reported in: 2007ACJ1087

ORDERN.K. Patil, J.1. In the instant case, petitioner has sought for quashing the letter/order dated 15th October 2001 and letter dated 11th February 2002 vide Annexures E and H respectively, both passed by respondent, as the same are arbitrary and illegal and hence unsustainable in law. Further petitioner has sought for a direction, directing the respondent to settle the claim of the petitioner and make payment of Rs. 75,000/- due under the Master Policy No. 73777 on account of the death of her husband Sri. Nanjundappa, S.G. forthwith.2. The grievance of the petitioner in the instant writ petition is that, petitioner is the legally wedded wife of one Nanjundappa, S.G. who was working as Head Master at Sri. Basavarajendra Demonstration High School, Arasikere, Hassan District which is a Government Aided School. While he was so working, he was also a member of Employees Group Saving linked Insurance Scheme vide Master Policy No. GSLI 73777 issued by respondent and was regularly contribut...