Karnataka Court November 2008 Judgments
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H.A. Gopinath S/O H.N. Anathraman and Vs. the Special Land Acquisition ...
Court: Karnataka
Decided on: Nov-06-2008
Reported in: 2009(3)KarLJ500
1. This appeal by the petitioner in writ petition No. 51392 of 2004 is filed being aggrieved by the order dated 01.08.2007 wherein the learned Single Judge has by a common order dismissed the writ petition Nos. 51392 of 2004 and writ petition No. 20000 of 2004.2. The essential facts of the case leading up to this appeal with reference to the rank of the parties before the learned Single Judge as are follows:The appellants herein filed writ petition No. 20000 of 2004 seeking for a writ of mandamus directing the 1st and 2nd respondents Special Land Acquisition Officer and Commissioner, Bangalore Development Authority not to release the compensation with regard to the acquisition of scheduled land and property to the 3rd respondent in the writ petition and to release the compensation amount in respect of the schedule property to the petitioner. It is averred that the schedule property comprising Sy. No. 16 measuring 11 acres 26 guntas and 13 guntas in Sy. No. 15/3 totally measuring 11 acr...
U.K. theertha Rama Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Nov-05-2008
Reported in: 2009(1)KarLJ163
ORDERN.K. Patil, J.1. Though this matter is posted today in orders list, the matter is taken up for final disposal, having regard to the nature of the relief sought for by petitioner and on the ground that, similar matters have been already disposed of by this Court, as submitted by learned Government Pleader appearing for respondents 1 to 3.2. In the instant case, petitioner is assailing the correctness of the impugned Notification dated 25-7-2007 issued by the third respondent bearing No. DVS:EST(2):CR:62:2007-08, vide Annexure-A, calling applications from the interested persons for appointment of members of the Committee of Management of Sri Mallikarjuna Temple, Thodikana, Sulya Taluk.3. The only grievance of the petitioner as made out by learned Counsel appearing for petitioner in the instant writ petition is that, petitioner's temple is an ancient temple being managed and administered by the hereditary trustees/archaks and the committee of trustees elected by the devotees which ha...
Sri C.K. Mohammed Khasim S/O Late Abdul Khuddus, Vs. Karnataka State B ...
Court: Karnataka
Decided on: Nov-05-2008
Reported in: 2009(2)KarLJ686
ORDERN.K. Patil, J.1. Petitioners in this petition have sought for quashing the order dated 18th August 2007 passed by the Karnataka Wakf Tribunal, Mysore Division, Mysore in Application No. 3/2006 as per Annexure -M. Further, petitioners have sought for setting aside the order dated 16th March 2006 passed by the Karnataka State Board of Wake, Bangalore - respondent No. 1 bearing No. KTW/CMC/8/MND/2005-06 as per Annexure-J. Petitioners have also sought for a mandamus, directing the respondents 1 & 2 to constitute the Managing Committee of the third respondent - Jamia Masjid, Mecca Masjid and Allied Institutions in accordance with the approved bye-laws as per Annexure -A.2. The petitioners herein claim that, they are the members of the Muslim community residing in Nagamangala Town, Mandya District and they are the beneficiaries and persons interested in the Wakf, namely Jamia Masjid Mecca Masjid (Anjuman-E-Mosque), IDGA and Kabarsthan, K. Mallenahally and Allied properties, Nagamangala,...
Sri Devaraj Urs Medical College Tamaka Reptd. by Its Director H. Anjan ...
Court: Karnataka
Decided on: Nov-05-2008
Reported in: ILR2009KAR535; 2009(1)KCCR475.
ORDERB.V. Nagarathna, J.1. This Writ Petition has been filed by a Medical College challenging the communication dated 13.5.2005 in D.O. No. U 12012/1/ 200l-ME(P-II) 1971-VIP/04 (Annexure-E) and seeking a writ in the nature of mandamus or such other writ directing the first respondent to pay subvention amounts for the academic year 2002-2003 and 2003-2004 as claimed under letter dated 13.11.2004 and 20.1.2005 vide Annexure C&D.;2. According to the petitioner it is a College administered by an educational trust having faculties in medicine and it does not receive any aid from the University or the State Government or from the Central Government and is therefore a self-financing medical institution; that the Hon'ble Supreme Court in the case of Sri. Unnikrishnan v. State of Andhra Pradesh reported in : [1993]1SCR594 had formulated a scheme of admission with the object of removing mal-practice of charging capitation fee by the professional medical colleges and that the said scheme was pot ...
Motor Industries Co. Ltd. Rep. by Its Managing Director and anr. Vs. N ...
Court: Karnataka
Decided on: Nov-05-2008
Reported in: (2009)IILLJ245Kant
ORDERK.N. Keshavanarayana, J.1. The petitioners are the defendants in O.S. No. 1853/2005 on the file of City Civil Judge, Bangalore (CCH-13). On April 7, 2007, the Court directed the parties that is both the plaintiff and the defendants to appear before the Court on July 21, 2007 as on that day, the representative of the defendants sought for time on the ground that settlement may be possible. On July 21, 2007 though the plaintiff and his counsel were present before the Court, none of the defendants nor their counsel appeared before the Court Therefore, the Court proceeded to strike down the written statement filed by the defendant in exercise of its power under Order 10 Rule 4 of C.P.C. The said order striking down the written statement of the defendants is impugned in this Writ Petition.2. The respondent/plaintiff has appeared through his learned Counsel and has filed his statement of objections.3. I have heard both sides.4. Learned senior counsel appearing for the petitioners conten...
Y.N. Nagaraja S/O Late Y.N. Seetharamaiah Vs. State of Karnataka Repre ...
Court: Karnataka
Decided on: Nov-05-2008
Reported in: 2009(4)KarLJ576:2009(2)KCCR1304:2009(3)AIRKarR420:AIR2009NOC1921(D.B).
P.D. Dinakaran, C.J.1. Petitioner being an Advocate practicing before this Court has filed the above public interest litigation petition tor issue of a writ of quo-warrantor against the respondent No. 2 to oust him from the office of Karnataka State Information Commissioner by determining the invalidity of his appointment.2. We have heard Sri. X.M. Joseph, Advocate for petitioner, Smt. Niloufer Akbar, learned Additional Government Advocate for R-1 and Sri. Ashok Hamahalli, learned Advocate appearing for respondent No. 2.3. The petitioner has challenged the appointment of 2nd respondent as 'State Information Commissioner' mainly on two grounds viz., (1) earlier the 2nd respondent was a member and Chairman of the Karnataka Public Service Commission and (2) his appointment as State Information Commissioner is barred under Article-319 of the Constitution of India.4. Per contra, Sri, Ashok Harnahalli, learned Advocate appearing for the contesting respondent No. 2 submits that appointment of...
Veeragouda and ors. Vs. Shantakumar @ Shantappagowda
Court: Karnataka
Decided on: Nov-05-2008
Reported in: ILR2009KAR887
N. Kumar, J.1. This is a plaintiffs' appeal against the order of the learned single Judge who has directed the trial Court to try and decide issue No. 3 relating to the court fee as a preliminary issue.2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.3. The plaintiffs filed O.S. No. 213/2000 on the file of the Additional Civil Judge (Sr. Division), Raichur, for the relief of partition and separate possession of their l/6th share in the suit schedule property. They also sought for a decree for refund of 1/6th share in the compensation received by the defendant. The defendant filed his written statement contesting the claim. He contended that the compensation received by him in respect of the land acquired by the State Government was his exclusive property. He specifically pleaded that the valuation of the suit and payment of fixed Court fee under Section 35(2) is wrong, and insufficient. As per the claim, each plaintiff has to p...
The Management of Mangalore Chemicals and Fertilizers Ltd. Rept. by It ...
Court: Karnataka
Decided on: Nov-05-2008
Reported in: 2008(5)KCCR3560; 2009(3)AIRKarR86(D.B)
1. Both these appeals are against the order dated 9.8.06 passed by the learned Single Judge allowing W.P. No. 18400/02 and quashing the award dated 20.08.01 in Reference Nos. 70/91 and 71/91 by the Labour Court, Mangalore and directing the management to pay a service compensation of Rs. 30,000/- to each of the five petitioners. W.A. No. 1548/06 is by the management and W.A. No. 1967/06 is by the workmen. For the sake of convenience, the parties will be referred to hereinafter as workmen and management.2. The management recruited the workmen as Junior Assistant cum Typists (Tally Workers) on daily wages and on temporary basis in its Special Cell for Handling Imported Fertilizers which was established for extra work of imported fertilizers. The import of fertilizers having come to an end during April, 1987 and consequently, the engagement of the workmen was not renewed. Aggrieved by the non renewal, the workmen approached the conciliation officer disputing that non renewal resulted in re...
Mrs. Nayana B. Mehta Vs. Bangalore Development Authority and ors.
Court: Karnataka
Decided on: Nov-04-2008
Reported in: 2009(1)KarLJ45
1. This appeal is directed against the order of the learned Single Judge dated 4-7-2007 passed in W.P. No. 23667 of 2005 rejecting the prayer of the petitioner/appellant for direction to the respondent 1 to allot alternative Site No. 4099, Banashankari II Stage, Bangalore and for completing the formalities in respect of said alternative site or for ejectment of 3rd respondent from Site No. 83 of Kattariguppe, Banashankari III Stage, Bangalore.2. The facts leading to the presentation of this appeal as set out by the appellant, are as under:By notification dated 3-12-1992, the Bangalore Development Authority (for short, 'the BDA') proposed to auction corner sites carved in the acquired land bearing Sy. Nos. 17, 134/2 and 120 of Kattariguppe, Banashankari III Stage, Bangalore, on 23-12-1992. In respect of Site No. 83 totally measuring 297.32 sq. mtrs. which was also proposed for auction, the appellant was the highest bidder and his bid at Rs. 1930/- per sq. mtrs. was accepted. The total c...
B.S. Chandrasekhar S/O Siddalingappa Vs. the State of Karnataka by Its ...
Court: Karnataka
Decided on: Nov-04-2008
Reported in: 2009(9)KarLJ152:2009(2)KCCRSN52:2009(2)AIRKarR88(D.B)
ORDERP.D. Dinakaran, C.J.1. The writ petitioner is applicant in Application No. 1184/2008 before the Karnataka Administrative Tribunal, where he prayed to quash the proceedings of Director General and Inspector General of Police, Karnataka State dated 12.12.2007 and consequentially, the charge memo dated 19.12.2007, whereunder, disciplinary action was initiated against the petitioner who was working as Police Sub-Inspector of Arasikere Police Station, Pavagada Taluk, Tumkur District alleging that while he was working as Sub-Inspector of Police at Arasikere Police Station, during July 2006, he had demanded a sum of Rs. 5,000/- to convert a case in favour of one Dudya Kayak and also received a sum of Rs. 1,000/-. In that regard, by the alleged act, he had committed offence under the provisions of Sections 7 and 13 of the Prevention of Corruption Act.2. According to the petitioner, a criminal case had already been filed against him in Crime No. 6/2006 on the file of Shimoga Lokayuktha Pol...
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