Karnataka Court November 2008 Judgments
Savani Transport Limited Rep. by Its Director, R.V. Savani Vs. State o ...
Court: Karnataka
Decided on: Nov-24-2008
Reported in: AIR2009Kant160; 2009(2)KarLJ712; 2009(2)KCCRSN45; 2009(3)AIRKarR197; AIR2009Kar160
ORDERD.V. Shylendra Kumar, J.1. Writ petitioner, a tenant in respect of a nonresidential premises bearing (Old) No 59, (New) No. 32, 3rd Cross, Kalasipalyam, Bangalore-2, is making efforts through the present writ petition to get over an order eviction dated 13-6-2001 passed in HRC No 24 of 1996, on the file of the XIX Additional Small Causes Judge Bangalore, under the provisions of Section 21(1)(h) of the Karnataka Rent Control Act, 1961 [for short, the 1961 Act], and for such purpose, has called in question not only the legality of this order, but also the constitutional validity of Section 2(3)(g) and Section 70(2)(c) of the Karnataka Rent Act, 1999 [for short, the 1999 Act], which enactment has replaced the 1961 Act, contending that these provisions are arbitrary, discriminatory and violative of Article 14 of the Constitution of India, though petitioner itself has not suffered an order of eviction under such provision.2. The brief facts leading to this writ petition are that: The p...
Tag this Judgment!Smt. Sulochana W/O R. Chandrashekhar Balegar Vs. Sri. R. Chandrashekha ...
Court: Karnataka
Decided on: Nov-24-2008
Reported in: ILR2009KAR692; 2009(3)KarLJ699; 2009(3)KLJ699; 2009(1)KCCR66
ORDERN.K. Patil, J.1. The petitioner being aggrieved by the order dated 10.11.2006 pasted in M.C. No. 16/1998 on the file of the Civil Judge (Sr.Dn) at Sagar presented the instant writ petition.2. The undisputed facts of the case are that, the petitioner and respondent are the wife and husband having been legally married on 2nd February 1996 in Dharmastala Kshetra, Dakshina Kannada, after the death of first wife. The petitioner is the second wife of the respondent. From the first wife the respondent has three children- 2 sons and 1 daughter. He being the businessman and owner of the Shreedar Wood Works, has a huge residential property in the City of Sagar, Shimoga District. Soon after the marriage of respondent with the petitioner, when the petitioner caught respondent indulging in illegal activities, petitioner was harassed, ill-treated and starved without food for days and was almost thrown out of the house by the respondent and his younger sister. At this stage, the petitioner appro...
Tag this Judgment!Nanjappa S/O Late Gangaiah Vs. Government of Karnataka, Land Revenue D ...
Court: Karnataka
Decided on: Nov-24-2008
Reported in: ILR2009KAR1399; 2009(5)KarLJ147
ORDERMohan Shantanagoudar, J.1. Petitioner is the owner of the agricultural land bearing Survey No. 114, measuring 1 acre 30 guntas, situated at Jakanahalli Village, Nelmangala Taluk, Bangalore Rural District. According to him, he has been in unauthorised possession and enjoyment of 26 guntas of land situated in Survey No. 115 of Jakanahalli village, which adjoins the property owned by the petitioner i.e., Survey No. 114. Petitioner made application under the provisions of Karnataka Land Revenue Act in Form No. 53 praying for grant of land in his favour. The Deputy Commissioner by the endorsement vide Annexure- 'A' dated 26.2.2007, intimated the petitioner that he will be granted the land to an extent of 26 guntas lying adjacent to the land which is already owned by him, subject to the payment of market value of Rs. 18 lakhs per acre. Such an order is made under Rule 4(2) of the Karnataka Land Grant Rules, 1969 (hereinafter referred to as 'the Rules' for short). Consequently, the petit...
Tag this Judgment!Official Liquidator of Kadambi Electronics Private Limited (In Liquida ...
Court: Karnataka
Decided on: Nov-24-2008
Reported in: 2009(2)KarLJ91
ORDERAnand Byrareddy, J.1. Heard the Counsel for the applicant and the Counsel for the respondents and perused the material on record.2. The present application under Section 543(1) of the Companies Act, 1956 (hereinafter referred to as 'the Act' for brevity) seeks a declaration that respondents 1 and 2 are jointly and severally liable to pay a sum of Rs. 13 lakhs under the head 'Trade Debtors' along with proportionate interest from the date of winding up order and to pay a further sum of Rs. 2.10 lakhs under the head Loans and Advances' along with interest, and further to declare that the respondents are liable to pay Rs. 568 lakhs, under the head 'Fixed and Current Assets'.3. The respondents having entered appearance have resisted the application. It is contended by the Counsel for the Official Liquidator that by order dated 12-3-1999 of this Court in Company Petition No. 139 of 1997, presented as on 13-10-1997, the present applicant was appointed as the Official Liquidator and that ...
Tag this Judgment!G. Veranna Vs. Joint Registrar of Co-operative Societies and ors.
Court: Karnataka
Decided on: Nov-24-2008
Reported in: 2009(3)KarLJ555; 2009(1)KCCR532
ORDERD.V. Shylendra Kumar, J.1. Writ petition by a person who claims to be the member of second respondent-Co-operative Society Limited who is aggrieved by the order passed by the Karnataka Appellate Tribunal, Bangalore in Appeal No. 670 of 2004 in terms of order dated 13-11-2007 allowing appeal at the instance of the third respondent another member of the very society and in the context of the Tribunal having allowed the appeal of the third respondent against the order passed by the Deputy Registrar of Co-operative Societies to get over the order passed by the Deputy Registrar on 30-4-2004 in No. JRB/MD/138/1999-2000. The entire controversy being in context of allotment of a site bearing No. A-1893 measuring 60' x 40' that the society having executed one sale deed dated 19-1-1996 registered on 20-1-1996 in respect of the very site in favour of third respondent and later the very society having executed another sale deed dated 15-5-1996, in respect which writ petitioner claims to be th...
Tag this Judgment!Managing Director Bangalore Metropolitan Transport Corporation Vs. Smt ...
Court: Karnataka
Decided on: Nov-21-2008
Reported in: 2006ACJ2563; ILR2009KAR315:2009(2)AIRKarR257:AIR2009NOC1113.
Huluvadi G. Ramesh, J.1. This appeal is by the BMTC challenging the quantum of compensation awarded to a non-dependent married daughter/claimant towards the death of her mother by the VI Addl. Small Causes Judge and MACT, Bangalore, in MVC No. 2787/03 dated 29.7.05.2. On 17.5.03 around 10.30 a.m. when the mother of the claimant was proceeding near the old bus stand, Hoskote, due to the rash and negligent driving of the BMTC bus bearing No. KA-01-F-2384 by its driver, it dashed against the deceased, as a result, she sustained grievous injuries and succumbed to the injuries. Having held an enquiry on the issue raised held that accident was due to negligence on the part of the driver of the vehicle in question. The Tribunal by taking the income of the deceased at Rs. 3,000/- per month and by deducting 50% towards personal expenses and by applying the multiplier of 7, has awarded a total compensation of Rs. 1,86,000/- on various heads with 7% interest p.a. Being aggrieved by the said order...
Tag this Judgment!Sridhar Narayan Hegde Vs. the Karnataka Bank Ltd. Rep by Manager M.S. ...
Court: Karnataka
Decided on: Nov-21-2008
Reported in: 2009(1)KCCR283:2009(1)AIRKarR565:AIR2009NOC954.
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Tag this Judgment!Jafar Saddiq S/O Abdul Azeez Vs. the State of Karnataka
Court: Karnataka
Decided on: Nov-20-2008
Reported in: ILR2009KAR524; 2009(2)KarLJ737
A.S. Pachhapure, J.1. The appellant has challenged his conviction and sentence for the of fanes under Section 376 read with Section 511 IPC on a trial held by the Fast Track court, Shimoga.2. The facts relevant for the purpose of this appeal are as under.PW. 6 the prosecutrix, is a citizen of France and had coma to India along with a team of 23 parsons for a workshop. She was staying in varadashri Hotel of PW.3 Venkatesh. On 17.1.2005 she along with her son aged about 9 years went for a walk at about 11.30 AM on Ganapathikere bund in between 11.30 AM. to 12 noon and at that time the accused smile at her and than she asked him about the way in which they have to proceed by the side of the lake. The accused nodded his head and pointed with his hands and indicated the right way. After about 10 minutes thereafter the complaint and her son came near the bushes and the accused who was behind them touched her back and the prosecutrix said 'no' and then again the accused chased and came close ...
Tag this Judgment!Sri Srikanth Shetty S/O Bhujanga Shetty Vs. the State of Karnataka by ...
Court: Karnataka
Decided on: Nov-20-2008
Reported in: 2009(4)KarLJ317:2009(1)KCCR391:2009(2)AIRKarR269:2009CriLJNOC498
ORDERN.K. Patil, J.1. Petitioner in this petition has sought for quashing the impugned order at Annexure-A dated 23rd July 2008 passed by the first respondent in Appeal No. HD 125 KA/2008 and also the impugned order at Annexure-B dated 18th February 2008 passed by the second respondent.2. Petitioner is the permanent resident of Sajipa Mooda village in Bantwal Taluk. He is claiming that, he is an agriculturist, social worker and also a member of the National political party and elected panchayath President of Sajipamooda of Bantwal Taluk and he is the recipient of National Award i.e. Nirmal Gram Puraskar from the President of India for his social work and commitment to the welfare of the villagers and public. It is his case that, he has no criminal antecedents, but unfortunately, due to his social work and association with political parties, there are some political rivals and there is a serious threat to his life and property from different corners. Therefore, in view of the same, peti...
Tag this Judgment!Y.N. Sathyanarayana Vs. the Registrar General, High Court of Karnataka ...
Court: Karnataka
Decided on: Nov-20-2008
Reported in: 2009(3)KarLJ588
ORDERRam Mohan Reddy, J.1. The Registrar General of this Court being the Tender Bulletin Officer, issued a tender notification dated 19-2-2003 for supply of wooden furniture for use in Courts, which when responded to by the petitioner, being the successful bidder, having quoted the lowest tender, held negotiations on 11-3-2003 and the reduced quotation, Annexure-B was followed by an agreement dated 17-3-2003 Annexure-C. It is the assertion of the petitioner that the manufactured items after inspection when supplied, was found to the prescribed specification and respondent issued the certificate Annexure-P. On the allegation that the respondent failed to pay the contractual amount, this petition is presented for a mandamus directing the respondents to pay Rs. 2,83,504/- together with interest at 18% per annum from the date of delivery of the furniture.2. The petition is opposed by filing statement of objections dated 30-10-2006 of the respondents inter alia contending that the writ peti...
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