Karnataka Court March 2007 Judgments

Shri Annasaheb Balesha Waghe, Vs. Shri Appasaheb Dada Pommai,

Court: Karnataka

Reported in: ILR2007KAR2395; 2007(5)KarLJ424

N. Kumar, J.1. This second appeal is filed by the defendant Nos. 1 to 4. The facts leading to this litigation are as under:One Dada Lagammanna Pommai and his wife Godabai bad no issues. It is the case off the plaintiff that he was taken in adoption on 11.5.1971. After adoption, in the year 1972, Dada Lagammanna Pommai died. Thereafter, as adopted son, this plaintiff inherited his estate and he was cultivating the lands along with his mother. They jointly claimed occupancy rights before the Land Tribunal, Chikkodi in respect of the lands under cultivation and the same was granted. Thereafter, they have divided the properties. In the said partition, 30 tolas of gold and Rs. 60,000/- was given to Smt. Godabai and the agricultural land fell to the share of the plaintiff.It appears that Smt. Godabai executed a Will in respect of the properties on 5.5.1976 in favour of the defendant No. 5 and one Balesha Waghe and they were cultivating the said lands. Therefore, the plaintiff was constrained...

Ramachandrappa S/O. Hanumanthappa Vs. State by Cpi

Court: Karnataka

Reported in: 2007CriLJ3504; ILR2007(4)Kar4978; 2007(4)AIRKarR479.

V.G. Sabhahit, J.1. This appeal by the accused is directed against the judgment of conviction and sentence passed by the I Addl. S.J. Chitradurga, in S.C. NO. 160/96 dated 23.3.2000 wherein the accused-appellant has been convicted for having committed the offences punishable under Sections 448 and 376 IPC and sentenced to undergo R.I. for 10 years and to pay fine of Rs. 3000/- I.D. of payment of fine, the accused shall undergo R.I. for three months for the offence punishable under Section 376(F) of IPC and further sentencing him to undergo S.I. fox two months for the offence punishable under Section 448 of IPC and ordering that both sentences shall run concurrently and it is further ordered that the fine amount ordered to the accused at Rs. 3,000/- shall be given to the complainant-PW6-father of the victim girl as compensation.2. Appeal was presented through the Superintendent of jail by the accused and the learned Advocate Sri. Anand K. Navalgimath is appointed as Amicus curie to argu...

Mohamed Musa Sait Wakf, a Wakf - Ul - Aulad, Represented by Its Muthaw ...

Court: Karnataka

Reported in: 2008(1)KarLJ507; 2007(6)AIRKarR463; 2008(2)ICC366

ORDERK. Ramanna, J.1. This Civil Revision Petition is filed under Section 18 of the Karnataka Small Causes Court Act, 1964 to set aside the order dated 12/8/2003 passed in S.C.No. 15334/2003 by the XV Additional Small Cause Court, Mayo Hall in (SCCH-19) Bangalore.2. The case of the petitioner-M/s Mohamed Musa Sait Wakf, A Wakf-ul-Aulad, is that it has filed a suit for ejectment against the respondents and sought for delivery of actual vacant physical possession of the property from the respondents and other consequent relief. According to it, the petition schedule property was let out to the respondents under a lease deed dated 1/6/2000 for a period of 3 years on a monthly rent of Rs. 2,000/-, since the respondents were irregular in paying the rent and they have sub-let the property to others. The rent derived from the petition schedule property was to be distributed among the beneficiaries in accordance to the Wakf deed dated 30/10/1920. The petitioner-plaintiff was a Wakf-alal-Aulad ...

M. Senguttuvan Vs. Mahadevaswamy

Court: Karnataka

Reported in: ILR2007KAR2709; 2007(4)KarLJ334; 2007(4)KCCRSN239; 2007(5)AIRKarR346; AIR2007NOC2291.

V.G. Sabhahit, J.1. This appeal by the complainant is directed against the judgment of acquittal passed by 16th Additional CMM, Bangalore dated 7-8-2002 in CC No. 35130 of 2000 acquitting the respondent of having committed the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short, 'the Act').2. The essential facts of the case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows.-The appellant herein filed complaint under Section 200 of the Criminal Procedure Code, 1973, describing himself as the Managing Partner and GPA holder of M/s. Lotus Finance against the respondent alleging that respondent had borrowed loan from the complainant and issued two cheques for Rs. 25,000/- each en-cashable on 2-3-2000. When the said cheques were presented for payment they were dishonoured with the endorsement 'insufficient fund' and thereafter the complainant issued notice to the respondent to pay the amount of the cheque...

Natural Textiles Pvt. Ltd. Represented by Its Managing Director Mrs. R ...

Court: Karnataka

Reported in: ILR2008KAR2221; 2007(3)KarLJ286

ORDERH.V.G. Ramesh, J.1. In this petition, petitioners have sought for to issue a writ in the nature or certiorari or any other writ or order and quash Section 66(1)(b) or the Factories Act, 1948.2. The 1st petitioner-Factory is said to be engaged in manufacture and export of inner garments having high reputation in India as well as in the international market. Petitioners 2 to 11 are said to be the women employees working in the 1st petitioner establishment and in all about 193 women are working. Under the impression that the 1st petitioner is likely to retrench the substantial number of women employees as women employees arc barred from being employed beyond 7.00 p.m. under Section 66(1)(b) of the Factories Act of 1948 and that they would lose job and become unemployed in the event of enforcement of the said section, this petition is filed stating that the provisions provided are violative of the fundamental rights of the petitioners under Articles 14, 15(1), 16(1), 16(2), 19(1)(g) a...

United India Insurance Co. Ltd. Vs. H. Palaksha S/O Mari Erappa and M. ...

Court: Karnataka

Reported in: 2008ACJ2283; [2007(115)FLR326]; 2007(4)KLJ344

V. Jagannathan, J.1. An accident occurred on 25.10.1996 at 6.30 P.M., near K.B. cross, involving Lorry bearing No. KA-34-5999, driven by the first respondent and another Lorry bearing No. TMD-5099, driven by the driver concerned and consequent to that, the first respondent herein wanted to have the matter settled with other driver. At about 7.00 P.M., the first respondent/driver questioned the driver of the other vehicle for not giving the compensation and this led the driver of the Lorry TMD-5099 pushing the first respondent, leading to the first respondent sustaining injuries to his left knee. The application filed by the first respondent for compensation before the W.C. Commissioner came to be allowed putting the liability on the appellant herein who is the insurer of the Lorry bearing No. TMD 5099. The compensation of Rs. 1,31,082/- was awarded and it is this order of the W.C. Commissioner that is called in question on the ground that the injury sustained by the first respondent/dr...

Hoovachari S/O Kalappa Kammar Lr of the Deceased Kalappa Sannabasappa ...

Court: Karnataka

Reported in: ILR2007KAR1525; 2007(3)KarLJ108; 2007(3)KCCRSN119; 2007(3)AIRKarR208

ORDERD.V. Shylendra Kumar, J.1. Though this matter is in the third round of litigation before this court, the real issue has been missed both by the land tribunal and by this court in the earlier rounds. What was essentially a family dispute has been taken before the land tribunal for claiming occupancy rights by misuse and abuse of the provisions of the Karnataka Land Reforms Act, 1961 [for short the Act']2. The properties some of which were agricultural lands located in Godachikonda Village, Hirekerur Taluk, Haveri District were originally owned by Sannabasappa who had three sons, Kalappa - the applicant, Banappa and Bandappa his elder brothers. Kalappa chose to file an application in Form-7 before the land tribunal impleading the children of his two deceased elder brothers claiming occupancy rights in respect of the family lands.3. It was such an application filed in Form-7 which the land tribunal considered in the first round and passed an order on 23-12-1978 conferring occupancy r...

H.M.P. Cements Limited and anr. Vs. Karnataka Electricity Board (Kptcl ...

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. This writ petition is filed on behalf of M/s. H.M.P. Cements Limited, a company incorporated under the provisions of Indian Companies Act, 1956, who is not prosecuting the petition with any diligence or bona fides.2. Writ petitioners have sought for quashing the demand notice calling upon the 1st petitioner-company to pay huge arrears of electricity charges amounting to Rs. 14,69,32,704/- and for a declaration that Karnataka Power Transmission Company has no power to claim minimum demand charges. A writ of mandamus is also sought to direct the respondents to consider the request/representations of the 1st petitioner-Company said to have been made on 4-8-2000 and 14-8-2000 favourably. Petitioners had also sought for an interim prayer to direct the respondent-KPTCL to grant supply of electricity to the factory premises at Shahabad and for other reliefs.3. While admitting the writ petition on 2-3-2001 in terms of the interim order passed on that day, this C...

The State of Karnataka Rep. by Revenue Secretary, Vs. H.B. Munivenkata ...

Court: Karnataka

Reported in: 2007(4)KarLJ439; ILR2007(2)Kar1893; 2007(4)KLJ439; 2007(3)KCCR1959; 2007(3)AIRKarR288

N. Kumar, J.1. This second appeal is preferred by the State of Karnataka and its officials challenging the Judgment and Decree passed by the Lower Appellate Court in R.A. No. 38/2004 wherein it declined to condone the delay in preferring the appeal and consequently dismissing the appeal.2. The only substantial question of law that arise for consideration in the second appeal is:Whether the Lower Appellate Court has properly exercised the discretion in refusing to condone the delay in preferring the appeal in the light of the law declared by the Supreme Court and consequently dismissing the appeal?3. The facts leading to the present litigation are as under:The subject matter of these proceedings is land bearing Sy. No. 54 measuring 11 acres 20 guntas situated at Pattandur Agrahara village. As per the survey records it is shown as Sarkari Kere (halla), Jodi inam village from the year 1860 itself, One Gundu Rao, the jodidhar of this land sold the same to Sri. Muniswamappa son of Muniyella...

Anshul Singhal, Minor Repb. by His Father Mr. Rajendra Singhal and ors ...

Court: Karnataka

Reported in: ILR2007KAR2465

ORDERRam Mohan Reddy, J.1. Petitioners, students of 10th standard admitted in the 5th respondent School and represented by their natural guardian, are before this Court to declare as arbitrary, illegal and violative of Article 14 of the Constitution the action of the respondent-State and the Education Board in directing the study of Kannada as a compulsory subject at the High School level; to quash the circular dated 25-05-2006 Annexure-'L' issued by the 2nd respondent making Kannada a compulsory subject of study at the High School level; to quash the endorsement dated 13-09-2006 Annexure-'J' of the 4th respondent2. Petitioners claim to be migrants to the State of Karnataka, on temporary basis, and their stay is dependent upon the service conditions of their parents, working in Central Government Departments / Establishments, while some have migrated from other states on business purposes. The petitioners, having secured admission in the 5th respondent School for X Standard, opted out ...