Karnataka Court September 2006 Judgments

Murudeshwara Ceramics Ltd. Reptd by Its Managing Director Satish R. Sh ...

Court: Karnataka

Reported in: ILR2007(2)Kar1674; 2007(2)KCCR857; 2007(1)AIRKarR460; AIR2007NOC392(DB)

1. These two Appeals are directed against the common judgment passed by the Civil Judge (Sr. Dn.), Hubli in LAC No. 102 and 103/86 dated 31/8/2002 filed by the beneficiary -appellant questioning the quantum of the market value determined at Rs. 5000/- per guntas for the acquired lands with other statutory benefits contending that the same is on the higher side, prayed to set aside the same and to award just compensation.2. Brief facts are stated for the purpose of appreciating the rival legal contentions urged in these appeals, The KIADB, the third respondent hereinafter called the Board, got the land of the respondents acquired 8 acres 6 guntas in Sy. No. 55 of claimant in LAC No. 102/86 and 2 acres 18 guntas in Sy. No. 53, 9 acres 28 guntas in Sy. No. 54 and 5 acres 27 guntas in Sy. No. 61, totally 17 acres 33 guntas of Krishnapur village of the claimant in LAC No. 103/86 by publishing notification in the Karnataka Gazette under Section 29(1) of the Karnataka Industrial Area Developm...

U. Basappa S/O Thimmappa Vs. the Assistant Commissioner and the Land A ...

Court: Karnataka

Reported in: ILR2006KAR4066; 2006(6)KarLJ509

ORDERN.K. Patil, J.1. The petitioner being aggrieved by the order dated 10th September 2003 in Misc. Case No. 200/2002 on the file of the learned Civil Judge (Senior Division) Kudligi, dismissing the petition filed by petitioner under Section 18(3)(b) of the Karnataka Land Acquisition Act, has presented the instant revision petition.2. The petitioner claims to be the owner of land bearing Sy.No. 319-D measuring 03.74 acres situate at Toranagal village, Sandur Taluk, Bellary District which was notified and acquired for the Vijayanagara Steel Project and an award was passed in LAC No. 24/75-76 on 13th July 1976. The petitioner received the award amount under protest. The petitioner being aggrieved by the award passed by the Land Acquisition Officer, on the ground that, the amount awarded is inadequate, filed the application under Section 18(1) of the Land Acquisition Act and requested the Land Acquisition Officer to refer the matter to the jurisdictional Reference Court for enhancement o...

Sical Logistics Ltd., (Formerly South India Corporation (Agencies) Ltd ...

Court: Karnataka

Reported in: ILR2006KAR4216; 2006(6)KarLJ394; 2007(1)KCCR580

ORDERD.V. Shylendra Kumar, J.1. This writ petition arises in the context of the Karnataka Power Corporation Limited -1st respondent having invited applications from intending bidders for the purpose of appointing a coal transportation agency for ensuring raw coal supplies from SCCL Collieries Loading Points to Raichur Thermal Power Station by All Rail Route for supply of about 20 lakh Metric Tons of raw coal per annum for a period of 3 years. A paper advertisement to this effect had been issued in the news daily 'Indian Express' published on 21.4.2006 that interested persons may get application forms to submit tenders and the tender documents on payment of necessary fee and depositing the earnest money deposit etc.,2. In response, it appears, as many as 12 persons including the writ petitioner and respondents 2 and 3 had purchased application and tender documents by remitting the requisite fee and depositing earnest money etc. But, it appears, only 3 persons submitted their offers in s...

Mahabalegowda and ors. Vs. the Lao and Asst. Commr. and Executive Engi ...

Court: Karnataka

Reported in: ILR2006KAR3922; 2006(2)KarLJ656

N.K. Patil, J.1. These three revision petitions arise out of the common judgment and award dated 27th June 2003 in LAC. No. 13/2001 (CRP. No. 3218/2003), LAC No. 12/2001 (CRP. No. 3216/2003) and LAC No. 14/2001 (CRP. No. 3219/2003) respectively on the file of the Civil Judge (Senior Division) at Gangavati.2. The grievance of the claimants - petitioners in these civil revision petitions is that, the land bearing Sy. No. 8/A measuring 04 acres 07 guntas of Ingaldal Village, Gangavati Taluk (CRP 3218/2003 & LAC No. 13/2001); the land bearing Sy. No. 13/1 measuring 05 acres 13 guntas of Ingaldal Village, Gangavati Taluk (CRP 3216/2003 & LAC No. 12/2001) and land bearing Sy. No. 5 measuring 06 acres 38 guntas of Ingaidal Village, Gangavati Taluk (CRP 3219/2003 & LAC No. 14/2001) had been notified and acquired by the State Government for public purpose, i.e. for construction of Ingaldal tank vide preliminary notification dated 3rd December 1990 issued under Section 4(1) of the Land Acquisiti...

P. Ramaiah Setty (Dead by Lrs. Susheelamma W/O P. Ramaiah Setty and or ...

Court: Karnataka

Mohan Shantanagoudar, J.This appeal is filed by Defendants Nos. 1, 3 to 6, 8 to 15 and 17 to 21 assailing the correctness of the judgment and decree dated 13.12.1999 passed in R.A.No. 12/1979, by the learned Civil Judge (Senior Division) K.G.F, by which the Judgment and decree dated 15.11.1977 passed in O.S.26/ 1970, by the Munsiff, now civil Judge (Junior Division) K.G.F., is reversed and consequently decreed the suit filed by the Respondents-1 to 4 herein.1. Heard Sri. A. Mohan Ram, learned Advocate appearing on behalf of the defendants-appellants, Sri. S.R. Krishnakumar, learned Advocate appearing on behalf of the respondents-1 (a) (i) to 1 (a) (vi), R 1(c), R-3(a) and respondent No. 4 and perused the material on record. For the sake of convenience, the parties are referred to as per their ranks before the trial Court.2. The Plaintiffs-respondents-1 to 4 herein filed the suit for declaration and possession of the suit schedule property. It is the case of the plaintiffs that one Nara...

Balakrishna Vs. the Member Secretary, Lok Adalat and anr.

Court: Karnataka

ORDERK.L. Manjunath, J.1. The petitioner was respondent in Criminal Misc. No. 95 of 1996 before the Judicial Magistrate First Class, Jamkhandi. The said petition was instituted under Section 125 of the Criminal Procedure Code, 1973, by the 2nd respondent claiming maintenance from the petitioner herein. The case was adjourned from time to time. Thereafter, the matter was referred to Lok Adalat. On 17-11-1999, before the Adalat, the 2nd respondent and her Counsel were present, the petitioner and his Counsel were absent. Hence, the Adalat passed an order directing the petitioner herein to pay the maintenance at the rate of Rs. 400/- from 1-1-1997 with interest at 6% p.a. This order is called in question in this writ petition.2. I have heard the learned Counsel for the petitioner. According to the learned Counsel for the petitioner, though the petitioner and his Counsel were not present, the conciliators have passed an order awarding maintenance at the rate of Rs. 400/- from 1-1-1997 and t...

Hemareddi, S/O Ramareddi Iraddi and Govindareddi Vs. Ramachandra Yalla ...

Court: Karnataka

Reported in: 2007(1)KarLJ428

1. Plaintiffs 1 and 2 have filed a suit in O.S. No. 113/1992 on the file of the Civil Judge, Dharwad for the relief of (i) declaration that the defendant No. 1 is not the adopted son and has no title, interest or right over the suit property; (ii) defendants be restrained by permanent injunction from disturbing the joint possession of the suit agricultural land of the plaintiff and defendant No. 2 and (c) plaintiff be awarded cost of the suit.2. The fact leading to the filing of the suit can be summarized as follows:One Govindareddi, the propositus died in 1946 leaving behind two sons and one daughter Ramareddi, Tulasawwa and Basavareddi. Plaintiffs 1 and 2 are the children of Ramareddi, defendant No. l is the adopted son of defendant No. 2. Defendant No. 2 is the wife of Basavareddi. The plaintiffs' case is that Govindareddi died in 1946 as the head and manager of the Hindu joint family consisting of himself, Ramareddi, and Basavareddi. The suit properties are the joint family propert...

Smt. M.H. Geetha W/O Halappa Vs. Smt. Manjulamma W/O Sri Kumarappa and ...

Court: Karnataka

Cyriac Joseph, C.J.1. The appellant is the 5th respondent in writ petition No. 13539/2005 which was allowed by the learned Single Judge. The 1st respondent is the petitioner in the writ petition.2. As per Annexure-E-notification dated 16.02.2004, the 5th respondent-Child Development Officer, Holalkere invited applications for the vacant post of Anganawadi workers. As per the notification, the candidate must be a woman belonging to the same village and should be within the age limit of 18 to 44 years. The educational qualification mentioned in the notification is SSLC pass and above. There were five applicants for the post of Anganawadi workers in Hiriyur village. The appellant and the 1st respondent were among the five applicants. Even though the appellant had not passed SSLC, she was selected by the selection committee on the ground that she was a widow. On the basis of such selection, she was appointed as Anganawadi worker as per Annexure-G-order dated 27.01.2005. The 1st respondent ...