Karnataka Court December 2008 Judgments
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Vijay Kumar @ Kavla and ors. Vs. State by Anekal Police
Court: Karnataka
Decided on: Dec-12-2008
Reported in: ILR2009KAR327; 2009(2)KarLJ471
ORDERAshok B. Hinchigeri, J.1. The respondent registered Crime No. 71/2008 for the offences punishable under Section 302 and 201 IPC.2. It is not in dispute that the petitioners have been in judicial custody in connection with Crime No. 163/2008 for the offences punishable under Section 399 and 402 IPC. The jurisdictional Court issued body warrant order on 17.05.2008. It is also not in dispute that the said order is received by the jail authorities on 19.05.2008. The charge-sheet ought to have been filed within 90 days from the date of the receipt of the body warrant order. But the same has not been done in the instant case. It is filed on the 92nd day, i.e. 19.08.2008. Meanwhile on the 91st day, the application under Section 167(2) Cr.P.C was filed on behalf of the petitioners. But the said application was rejected by the Magistrate by his order, dt. 23.08.2008.3. Aggrieved by the said order and agitating his entitlement to statutory bail, this petition is presented.4. Heard Sriyuths ...
Maheshwari Gas Agency Rep by Its Prop Sri M. Shivanand Vs. the Deputy ...
Court: Karnataka
Decided on: Dec-12-2008
Reported in: ILR2009KAR433; 2009(9)KarLJ141:2009(1)KCCR539
ORDERN.K. Patil, J.1. Petitioner in this petition has sought for quashing the order dated 15th March 2008 passed by first respondent vide Annexure C.2. The brief facts of the case are that, the petitioner is an authorized Distributor of liquefied petroleum products for domestic and commercial purposes as per the petroleum agreement entered into between the petitioner and third respondent valid from 31st December 1984 for a period of five years and thereafter, the said agreement for distribution of domestic and commercial liquefied petroleum gas has been renewed from time to time and the present agreement is valid till 31st December 2009. It is the further case of the petitioner that, since then, petitioner has been performing and discharging his part of obligations sincerely and honestly as per the terms and conditions of the agreement executed between the petitioner and third respondent. When things stood thus, on the basis of the complaint given by second respondent, due to some riva...
S. Venkataswamy S/O Late Sakappa Vs. Taluk Social Welfare Officer and ...
Court: Karnataka
Decided on: Dec-11-2008
Reported in: 2009(2)KarLJ618; 2009(2)AIRKarR375
ORDERN.K. Patil, J.1. Petitioner in this petition has sought for quashing the order passed by the first respondent dated 3rd October 2008 filed as Annexure-A to the writ petition.2. The grievance of the petitioner in the instant writ petition is that, petitioner is the proprietor of Sri. Venkateshwara Traders dealing with all general items including rice and other items and petitioner belongs to depressed class of the society, namely Schedule Caste. Petitioner had been enrolled under Value Added Tax having the TIN No. 29360729545 as per the Registration Certificate produced at Annexure B. In pursuance of the tender notification calling for supply of essential commodities, to the Hostels for Scheduled Caste and Scheduled Tribe students at Malur town, petitioner has been awarded the contract for the academic years 2005-06, 2006-07 and 2007-08 respectively. After expiry of the period for the academic year 2007-08, the Executive Officer of the Taluk Panchayat, Malur has requested the petit...
Shivaram Vs. Assistant Commissioner and ors.
Court: Karnataka
Decided on: Dec-11-2008
Reported in: ILR2009KAR307
ORDERS. Abdul Nazeer, J.1. The Petitioner is the Adhyaksha of Gram Panchayat of Ladwanti village, Basavakalyan Taluk, Bidar District. The Gram Panchayat consists of twelve members. Eight members of the Gram Panchayat moved a motion of no confidence against the petitioner under Sub-rule (1) of Rule 3 of Karnataka Panchayat Raj (Motion of no confidence against Adhyakasha and Upadhyaksha of Grama Panchayat) Rules, 1994 (for short 'the Rules'). On the basis of the said motion of no confidence, the first respondent issued notice at Annexure 'C' dated 28.10.2008 to the members of the Grama Panchayat under Sub-rule (2) of Rule 3 of the Rules, convening a special meeting of the members of the Grama Panchayath on 19.11.2008 at 10.00 a.m. for consideration of the said motion of no confidence. The petitioner has called in question the validity of the said notice in this Writ Petition.2. I have heard the learned Counsel for the parties.3. Learned Counsel for the petitioner would contend that two m...
Smt. Lalithamma W/O. Kotresh and Smt. Jayamma W/O. Shiva Kumar Vs. Dep ...
Court: Karnataka
Decided on: Dec-11-2008
Reported in: 2009(3)KarLJ508
ORDERMohan Shantanagoudar, J.1. Father of the petitioners, namely Narasimhappa died during the minority of the petitioners. The first petitioner was aged about 14 years and second petitioner was aged about 7-8 years at the time of death of their lather. The Tahsildar, Channagiri Taluk, passed the order in favour of petitioners represented by N. Rangappa, as per Annexure-A, dated 17.5.1978 regularizing the unauthorized occupation of the land bearing Sy. No. 28 of Muddenahalli Village, measuring 3 acres. The order at Annexure-A reveals that the petitioners were represented by respondent No. 3 herein viz., N. Rangappa, who is the maternal uncle of the petitioners, i.e., elder brother of the petitioners' mother, as their guardian. The death certificate of Narasimhappa, father of the petitioners is produced at Annexure-B to the writ petition. It is clear from the said death certificate that the death of Narasimhappa was on 20.7.1977, whereas the order of regularization was passed on 17.5.19...
B.K. Suresh Babu S/O Late B.L. Kamalaraj Chetty, Vs. Smt. Ananthalaksh ...
Court: Karnataka
Decided on: Dec-10-2008
Reported in: 2009(3)KarLJ386; 2009(1)KCCR551; 2009(2)AIRKarR214; AIR2009NOC1286
ORDERAnand Byrareddy, J.1. Heard the Counsel for the parties.2. The petitioners are said to be the owners of properly bearing No. 445 (old No. 32), OPH Road, Bangalore. The said premises measuring about 8' x. 11' was leased to the father of the respondents by the father of the petitioners, on a monthly rent of Rs. 14/- which stood enhanced and was Rs. 40/- at the lime of presentation of the petition before the trial Court.The petitioners are brothers and have obtained the subject property as their share at a partition in terms of a compromise decree in a civil suit, OS 4327/2003, before the Court of the City Civil Judge, Bangalore.The petitioners had filed the eviction petition under Section 27(2)(a) and (j) of the Karnataka Rent Act, 1999 (hereinafter referred to as the '1999 Act'). The petitioners had raised a further specific plea that the respondents had continued in occupation of the subject premises after the death of the original tenant, in their capacity as his successors. Henc...
Smt. Puttamma W/O Ishwara Shety Vs. the State of Karnataka by Its Chie ...
Court: Karnataka
Decided on: Dec-10-2008
Reported in: AIR2009Kant98
ORDERV.G. Sabhahit, J.1. This public interest litigation is filed by Smt. Put taratna w/o. Ishwara Shetty, Prathinidhi-I, Sri. Anjanayaswamy Stxee Shakti Swashaya Sangha, Nandihalli, Arasikere Taluk, Hassan District, being aggrieved by the Government Order dated 8.9.2008 issued by the second respondent-Under Secretary, Department of Animal Husbandry & Fisheries, Government of Karnataka, declaring a subsidy of Rs. 2./- per f litem of milk to those farmers who supply their milk to the Karnataka Milk Federation-Milk Federation and its constituents on the ground that it is violative of Articles 14 and 19(1)(g) of the Constitution of India.2. It is averred in the writ petition that the petitioner is directly affected by the impugned Government Order. However, the petitioner has approached this Court by filing a public interest litigation as the Government Order impugned in this petition would have wide ramifications that traverse beyond the private interest of the petitioner. It is averred ...
Akhila Karnataka Police Maha Sangah ® represented by Its President, ...
Court: Karnataka
Decided on: Dec-08-2008
Reported in: 2009(2)KarLJ533
P.D. Dinakaran, C.J.1. The petitioner is a society registered under the provisions of the Karnataka Societies Registration Act, 1960. The petitioner has filed the above public interest litigation bringing to the notice of this Court that the Bharatiya Janata Party government led by the 1st respondent herein viz., B.S. Yediyurappa, Hon'ble Chief Minister of Karnataka during the election campaign promising to provide a corruption free, clean governance. But unfortunately, according to the petitioner, 18 of the legislators have criminal records and on that ground the petitioner seeks a writ of mandamus to scrutinise the reply of the respondents and take cognisance thereof to direct CBI inquiry into the allegations against the respondents Nos. 5 to 22. They have further sought for a direction to the 2nd respondent-State Election Commission to place before this Hon'ble Court the affidavits of the respondents Nos. 5 to 22 filed by them at the time of filing of their nominations for contestin...
B.K. Pushpalatha W/O Late Manjegowda, Vs. Gopala,
Court: Karnataka
Decided on: Dec-08-2008
Reported in: 2009ACJ2415; ILR2009KAR1517:2009(2)KCCR959:2009(3)AIRKarR325
ORDERN.K. Patil, J.1. Petitioners in this petition have sought for calling the records in M.V.C. No. 1183/2001 on the file of Motor Accidents Claims Tribunal, Srirangapatna and to set-aside the Annexure - A order dated 1st February 2006, passed in M.V.C. No. 1183/2001 on the file of Motor Accidents Claims Tribunal, Srirangapatna.2. The petitioners herein claim that, they are the legal representatives of the deceased late Sri. Manje Gowda who had filed the M.V.C. No. 1183/2001 on the file of the Additional Motor Accidents Claims Tribunal, Srirangapatna ('Claims Tribunal' for short) on 30th November 2001 seeking compensation on the ground that, on 6th July 2001 at about 3:30 P.M near Bisilumaramma Temple at Kallahalli village, while he was about to cross the road, the first respondent - the driver of the Hero Honda motor cycle bearing KA-11/J-8851 came in a rash and negligent manner to endanger human life and dashed against him and caused accident. In the said accident, deceased Manje Go...
Natural Remedies Private Limited Represented by Its Chairman and Manag ...
Court: Karnataka
Decided on: Dec-08-2008
Reported in: [2009(121)FLR1049]; ILR2009KAR1178; 2009(2)KarLJ586; 2009(1)KCCRSN8; 2009(2)AIRKarR177
ORDERA.S. Bopanna, J.1. The petitioner has called in question the order dated 05.04,2006 which is impugned at Annexure M to the petition. By the said order, the first respondent herein has permitted the prosecution of the petitioner management on the allegation that the terms of the settlement dated 30.10.1999 has been violated.2. Heard Sri S.N. Murthy, learned senior Counsel for the petitioner, Sri Jagdish Mundargi, learned Government Advocate for respondent No. 1 and Smt. Suguna Reddy, learned Counsel for the respondent No. 2 and perused the writ, papers.3. The brief facts leading to the present petition are that the petitioner management and its workmen represented through union had entered into a memorandum of settlement dated 30.10.1999 in terms of Section 12(3) read with Section 18(3) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'Act' for short). Among other matters settled between the parties, the payment of production linked amount, piece rate incentive and ...
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