Karnataka Court November 2008 Judgments
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Sri Dattatray Hanamantrao Bidikar S/O Hanamantrao Bidikar and Sri Gaja ...
Court: Karnataka
Decided on: Nov-20-2008
Reported in: 2009(2)KCCR926; 2009(2)AIRKarR352
ORDERA.S. Pachhapure, J.1. The petitioners have challenged the order allowing the application of the respondents filed Under Section 151 CPC and ordering transfer of suit bearing O.S. No. 35/05 to the Wakf Tribunal.2. The facts relevant for the purpose of this petition are as under:The petitioners are the plaintiffs in O.S. No. 35/05 pending on the file of the III Addl. Civil Judge (Sr. Dn.) Belgaum seeking the relief for possession of the suit property from the respondents. The suit property is the ancestral shad in CTS No. 1039 measuring about 700 square yards situate at Belgaum and the boundaries are mentioned in para No. 1 of the plaint. The petitioners claim that the suit property belonged to one shahajabdi and she sold it to one Mohammed Sadiq Abdul Rahaman Anagolkar under a registered sale dead dated 20th February 1952 and one Mr. Mohiddin Saheb Khanapuri was occupying the suit property as a tenant. Later the said Mohammed Sadiq Abdul Rahaman Anagolkar sold the suit property to ...
B.H. Ismail Vs. State of Karnataka Rep. by Belthangady Police Station
Court: Karnataka
Decided on: Nov-19-2008
Reported in: ILR2009KAR788; 2009(1)KCCR454; 2009(2)KLJ509; 2009(2)AIRKarR183; 2009CriLJNOC428
A.S. Pachhapure, J.1. The appellant has challenged his conviction and sentence for the offence punishable Under Sections 341 and 323 IPC and Section 3(1)(xi) of the S.C., S.T. (Prevention of Atrocities) Act 1989 (herein after called as 'the Act') on a trial held by the Special Judge, D.K., Mangalore.2. The facts relevant for the purpose of this appeal are as under.PW. 1-Kum. Pasu D., resident of Indabettu village in Belthangadi taluk was a student of B. A. Second year, on 2.2.1998 while she was returning from the college at about 12.00 noon, she travelled in the bus and after alighting at the bus stop, proceeded to her house by walk. At about 2.15 p.m. while she was near Mundrabettu she found the accused who stopped her, asking her as to whether the Classes were over and when she gave the answer, immediately the accused said to have held her neck and dragged her near the tree and thereafter dragging her to the ground sat on her back and pressed the neck. She cried for help and the accu...
M.S. Susheelamma W/O Late M. Shanthappa, (Since Dead by Her L.Rs. M.S. ...
Court: Karnataka
Decided on: Nov-19-2008
Reported in: 2009(1)KCCRSN20; 2009(4)AIRKarR1; AIR2009NOC2109
V. Jagannathan, J.1. This second appeal is by the L.Rs. of the first defendant before the tried court and they are aggrieved by the lower appellate court reversing the judgment of the trial court and decreeing the suit of the plaintiffs for declaration and separate possession of their l/3rd share in the suit schedule property. The trial court had dismissed the suit of the plaintiffs as having been barred by limitation.2. The facts, which are not in dispute, are, as to the parties' relationship with one another, inasmuch as the original propositus of the family was one Nanjegowda and his sons were one Patel Mallegowda, Mogannagowds @ Puttaswamygowda. One Chikkegowda is the brother of Nanjegowda and one M.C. Rudrappa is the son of said Chikkegowda. The plaintiffs viz., Shivakumar, Mallesha, Vinoda and Chidananda are the sons of M.C. Rudrappa and so also the fourth defendant Rajashekar. The other defendants were Shanthappa and Puttappa, who are the sons of Patel Mallegowda, and M.P. Basav...
Sri. Radhakrishna R. S/O Srinivasaiah, Proprietor of Balaji Ice Factor ...
Court: Karnataka
Decided on: Nov-18-2008
Reported in: 2009(2)AIRKarR437; ILR2009KAR294; 2009(3)KarLJ516; 2009(3)KLJ516; 2009(1)KCCRSN16
ORDERD.V. Shylendra Kumar, J.1. The matter is taken up for disposal with the consent of learned Counsel for the parties.2. This writ petition is by a consumer of power that is being supplied by Bangalore Electricity Supply Company.3. The vigilance squad of the predecessor of the present company, namely, Karnataka Power Transmission Corporation Limited had visited the premises of the petitioner with an installation carrying RR No. C4P1560 and found that the petitioner was using load over and above what had been permitted by the company. The vigilance squad also found that the seal of the calibration meter had been manipulated. It is in this background, the then competent officer - Assistant Executive Engineer of the company raised back billing demand dated 14.3.2001 for a sum of Rs. 1,23,354/-.4. That demand was subject matter of litigation before the authorities as well as before this court and it is the latest round of such order as per Annexure-C dated 30.5.2008 which is challenged i...
P.S. Patil, Registered Firm by Its Partners, Sattyagouda Paragouda Pat ...
Court: Karnataka
Decided on: Nov-18-2008
Reported in: ILR2009KAR347; 2009(5)KarLJ638:2009(1)KCCR272:2009(3)AIRKarR343:AIR2009NOC1763
ORDERA.S. Pachhapure, J.1. Petitioners had challenged the order dated 7.2.2005 in Execution Case No. 5 of 1998 rejecting the Memo of Calculation dated 29.10.2004 filed by them.2. Facts relevant for the purpose of this petition are as under:Respondents herein filed Original Suit No. 113 of 1987 for recovery of money of Rs. 94,200/- with interest The said suit came to be decreed by the judgment and order dated 30.7.1994 granting decree for Rs. 91,311.20 with proportionate cost and future interest at 18 per cent per annum from the date of the suit till the date of the decree and at the rate of 12 per cent for the subsequent period on the principal amount of Rs. 45,655.60 against the petitioners herein. It is after passing of the decree that the respondents filed Execution Case No. 5 of 1998. During the pendency of the execution proceedings, on different occasions, the judgment debtors paid an amount of Rs. 1,68,968.70 and filed a Memo of Calculation dated 29.10.2004 giving particulars reg...
K.K. Builders Civil Engineering Contractors Rep. by Its Managing Partn ...
Court: Karnataka
Decided on: Nov-18-2008
Reported in: 2009(1)KCCR441; 2009(2)AIRKarR31
ORDERN.K. Patil, J.1. Petitioner in this petition is a registered firm represented by its Managing partner. Petitioner has sought for a direction, directing the respondents to accept the tender of the petitioner without insisting for compliance of the 'revised conditions' prescribed in Section 3 of the revised tender form vide Annexure E and to declare that, it is impermissible to vary the conditions of pre-qualification to the disadvantage of a bidder, after a tender is submitted and the action of the respondents in so altering is illegal and mala fide and consequently to direct the respondents to consider the tender application of the petitioner, without insisting the compliance of Section 3 of the tender application vide Annexure E issued by the third respondent and to accept the bid offers from petitioner treating him as pre-qualified in accordance with law. Further, petitioner has prayed to pass such other order/orders as this Court deems fit to pass, including the order as to cos...
State Bank of Mysore Vs. G. Mahadevappa
Court: Karnataka
Decided on: Nov-17-2008
Reported in: 2009(5)KarLJ508; 2009(3)KCCR1596
P.D. Dinakaran, C.J.1. The appellant-State Bank of Mysore has filed this writ appeal challenging the order dated 16-11-2006 passed by a learned Single Judge in Writ Petition No. 12512 of 2002, allowing the writ petition filed by the respondent herein, directing the appellant-Bank to consider the case of the respondent-Writ petitioner for pension, computed value of pension etc., as per the State Bank of Mysore (Employees) Pension Regulations, 1995, treating the respondent-writ petitioner as having voluntarily retired under Regulation 29 of the Pension Regulations and to pay all such emoluments for the period of privilege leave that was standing to his credit at the time of his voluntary retirement from the services of the appellant-Bank.2. A Division Bench of this Court had occasion to consider a similar fact situation in a batch of writ appeals in the case of Syndicate Bank v. K.V. Venkatesh and Ors. W.A. No. 860 of 2002, DD : 18-11-2006, and this Court after following the decisions of...
Smt Kalavathi S. Nergi Vs. the District Commissioner District Caste Ve ...
Court: Karnataka
Decided on: Nov-14-2008
Reported in: ILR2009KAR77
ORDERK. Bhakthavatsala, J.1. A short question that arises for consideration in this Writ Petition is:Whether the Petitioner who, by birth, belongs to 'Balija' caste, is entitled to claim that she belongs to 'Adi Dravida' (SC) by virtue of her marriage with a person belonging to 'Adi Dravida' community?Answer to the above question is in the negative for the following reasons:2. Both the learned Senior Counsel Sri K Kasturi and Sri Ramdas, appearing for the petitioner, respondent No. 3/Insurance Company, respectively relied upon the following decisions;. Valsamma Paul (Mrs.) v. Cochin University and Ors. : [1996]1SCR128 ;. State of Maharashtra v. Milind and Ors. (2001) 1 SCC 4; and. R. Vishwanatha Pillai v. State of Kerala and Ors. : AIR2004SC1469 3. Sri K Kasturi submitted that on 5.6.1977, the petitioner married to one Shankar Nergi, who belongs to Adi Dravida community (Scheduled Caste) and therefore she belongs to Adi Dravida community and on that basis, the Tahsildar of Udupi also i...
Chinnaswamy Reddy Son of Thomasappa and ors. Vs. State of Karnataka by ...
Court: Karnataka
Decided on: Nov-14-2008
Reported in: ILR2009KAR412; 2009(4)KarLJ279
ORDERK.L. Manjunath, J.1. Petitioners in these two petitions are claiming to be the owners of different extent of lands in Sy. No. 57/2, 57/1, 54/1 and 55 of Nagavara village, are challenging the legality and correctness of the action of the Government in extinguishing the existing cart-track between Sy. No. 51 to 60 of Nagavara village by invoking its powers under Section 68(1) and (5) of the Karnataka Land Revenue Act (hereinafter referred to as The Act') and thereafter granting extinguished cart-track area to R-4.2. According to the petition averments, they are the residents of Nagavara village. Aforesaid lands are agricultural lands and a cart road running between Sy. Nos. 55 to 60 is the only access to their agricultural land and that the said cart road was being used from time immemorial and that the same was never extinguished and that the Government behind the back of the petitioners and other villagers at the instance of R-4 has notified for extinction of cart track as if the ...
Verupegowda S/O Basavegowda and Rajegowda S/O Basavegowda Vs. Shankare ...
Court: Karnataka
Decided on: Nov-14-2008
Reported in: ILR2009KAR1867:2009(4)AIRKarR38.
1. This appeal is by the original plaintiffs, whose suit for partition and separate possession, was dismissed by the Trial Court and was also upheld by the first appellate Court. For convenience, in this judgment, the appellants would be referred to as plaintiffs and respondents would be referred to as defendants.2. The basic facts of this matter is not In dispute.3. The plaintiffs and defendants are full brothers, being the sons of Basavegowda. The two items of plaint schedule properties are agricultural lands which originally belonged to one Rudregowda, which was taken on lease for cultivation by the plaintiffs' father. With coming into force of the Karnataka Land Reforms Act, 1961 (as amended by Karnataka Act 1/1974), ('the Act' for short), and the prohibition of leases etc., under Section 5, the suit lands vested in the State Government under Section 44. On an application made by the 1st defendant in Form 7 under Section 48-A(1) of the Act, the Land Tribunal by an order dated 17.9....
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