Karnataka Court June 2008 Judgments
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Sri S. Rajanna Vs. Sri S. Lingaraju Urs
Court: Karnataka
Decided on: Jun-02-2008
Reported in: ILR2008KAR3582; 2008(5)KarLJ559; 2008(3)KCCR2057; 2008(5)AIRKarR364; AIR2008Kar174
ORDERA.S. Pachhapure, J.1. The writ petition is filed challenging the order dated 21.07.2007 issuing the warrant of arrest against the petitioner in Execution Case No. 31/1999.2. The facts relevant for the purpose of this petition arise is as under:The respondent filed O.S. No. 6905/1989 and obtained a decree for money. He sought the execution in Execution Case No. 31/1999 and during the pendency of the Execution proceedings, some part payment was made by the petitioner. On 21.07.2007 the respondent received Rs. 3,000/- and the Trial Court issued the arrest warrant stating that the decreetal amount has not been fully satisfied. The said order is challenged before this Court.3. I have heard the learned Counsel for the petitioner and also the respondent.4. To issue warrant of arrest against the JDR, the Court has to adopt the procedure prescribed under the provision of Order 21 Rule 37 to 40 of the Civil Procedure Code. No show cause notice has been issued and on the day when part paymen...
St. Gregorious Orthodox Cathedral rep. by Its Hon' Treasurer, Mr. Math ...
Court: Karnataka
Decided on: Jun-02-2008
Reported in: 2008(6)KarLJ358; 2008(4)KCCR2216; 2008(5)AIRKarR350; 2008AIRSCW3862
ORDERD.V. Shylendra Kumar, J.1. This revision petition under Section 83(9) of the Wakf Act, 1995 [for short 'the Act'] gives rise to an interesting question of law regarding the scope of the jurisdiction of the tribunal, a 'Tribunal' constituted in terms of Section 83 of the Act and the limits of jurisdiction being in terms of Sections 83 1) and 83(2) of the Act.2. The revision is by the first defendant in OS No. 6 of 2005 before the Wakf Tribunal, Bangalore Division, Bangalore, a suit that had been filed by Aga Ali Askar Wakf, a Wakf registered with the Karnataka State Board of Wakfs under the provisions of the Wakf Act, 1995. The plaintiff had sought for the relief of permanent injunction to restrain the first defendant in the suit, a Church which had owned the suit schedule property, its men and agents from interfering with the right of way of the members of Shia Muslims to reach Asurkhana, the property belonging to the plaintiff which was a wakf property and to reach which property...
Shivabasappa S/O Ayyappa Kuntoji Vs. the Land Acquisition Officer and ...
Court: Karnataka
Decided on: Jun-02-2008
Reported in: 2008(5)KCCR3297:2009(1)AIRKarR134:AIR2009NOC793.
Ashok B. Hinchigeri, J.1. This appeal is directed against the judgment and award, dt. 13.04.2005 passed by the Court of Civil Judge, Sr. Division, Gangavati in LAC No. 5/2003.2. The brief facts of the case are that the lands measuring 16 guntas at Sy. No. 2/B of Singanala Village of Gangawati Taluk, Koppal District were notified for acquisition on 06.09.2001 for forming the road from Hanaval to Singanal. The respondent Land Acquisition Officer passed the award, dt. 31.10.2002 determining the market value at the Rs. 19,600/- per acre. It is worthwhile to notice in this context that alongwith the appellants lands, other lands totally measuring 1 acre 4 guntas were acquired.3. As the appellant and similarly placed other land losers were not content with the determination of the market value of Rs. 19,600/- per acre, they sought the reference under Section 18 of the Land Acquisition Act, 1894 for enhancement The references arising arising therefrom were registered as LAC No. 5, 6, 7 and 8/...
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