Karnataka Court March 2009 Judgments

K. Satish S/O Sri V. Krishna Raju and ors. Vs. the State of Karnataka ...

Court: Karnataka

Reported in: 2009(5)KarLJ296; 2009(3)KCCR1613

A.S. Bopanna, J.1. The petitioners claiming to be residents of Malleshwaram, Ward No. 5. Bangalore city contend that they have formed and association in the name 'Malleshwaram Nagarika Hitarakshana Vedike.' The grievance in the present petition is with regard to the order dated 22.6.2007 whereunder the property bearing No. 48, I main Rand, Malleshwaran measuring 150ft X 60ft is leased in favour of the 5th respondent for conducting its of 30 years. The petitioners contend that the property in question was earner leaned in favour of a that named 'Lahitha Kala Shala', which is a uncial organisation involved in the activities of teaching the local children in various arts like drawing, painting, dancing etc. The said trust is not carrying on any activity and as such the second respondent-Bruhat Bangalore Mahanagara Palike ('BBMP' for short) has taken possession of the said property. The property in question is said tribe a large extent with a small dilapidated structure and is the only lun...

Siddagangamma W/O Late H.L. Krishnappa and H.K. Hanumantharaya S/O Lat ...

Court: Karnataka

Reported in: 2009(5)KarLJ175:].2009(3)KCCR1607:2009(5)AIRKarR118:AIR2009NOC2511

ORDERB.S. Patil, J.1. In this writ petition, petitioners are challenging the order dated 01.09.2007 passed by the learned Civil Judge (Jr.Dn.) and JMFC, Koratagere, rejecting I.A.No.3 filed under Order 21 Rule 2 read with Section 151 CPC in FDP No. 2/2006.2. Petitioners-1 & 2 are defendants-1 & 2 in O.S. No. 78/2003. Respondent herein had filed the said suit seeking partition and separate possession of the joint family properties. The suit was decreed and a preliminary decree came to be passed on 22.12.2005 declaring that the plaintiff and the defendants had 1/3rd share in all the suit schedule properties. It was held that the plaintiff was entitled for partition and separate possession of her 1/3rd share and a direction was issued for effecting partition in terms of Section 54 CPC.3. Pursuant to the said decree the plaintiff-respondent herein initiated final decree proceedings in FDP No. 2/2006. In the final decree proceedings, the Court below appointed a Court Commissioner for effect...

Dilip Deshmukh S/O Bheema Rao and Durgesh Dilip Deshmukh S/O Dilip Des ...

Court: Karnataka

Reported in: 2010CriLJ620; ILR2009KAR2248; 2009(6)KarLJ78

ORDERN.K. Patil, J.1. The petitioners in these petitions have sought for a direction to the respondents to get the case registered for the offences disclosed In Annexure-D complaint dated 10.122.2008 against the accused persons therein and get the case Investigated by 4th respondent.2. The grievance of the petitioners as made out by learned Counsel appearing for petitioners in these writ petitions is that, petitioners have, submitted detailed complaint on 10th December 2008 against one Smt Naga Renuka w/o Ashok Kumar and others before the jurisdictional authority and the same was again submitted by way of remainder to the respondents-1 to 3 on 16.12.2008. The said complaint of the petitioners dated 10th December 2008 or dated 16th December 2008 has been neither considered nor any decision has been taken by the jurisdictional Station House officer-5th respondent. Therefore, petitioners were constrained to redress their grievance before this Court, by way of presenting these writ petitio...

V. Bramhananda S/O C. Vishakanta Murthy Vs. Corporation of City of Mys ...

Court: Karnataka

Reported in: AIR2009Kant174; ILR2009KAR2529; 2009(6)KarLJ453; 2009(4)KCCR2944; 2009(5)AIRKarR95; AIR2009Kar174

A.N. Venugopala Gowda, J.1. Plaintiff is the appellant. He had filed an application dated 12.6.1997 (Ex.D1) before the Commissioner, Corporation of City of Mysore, for grant of open space for putting up a STD/ISD booth. The appellant was allotted open space (Ex.D2) measuring 4 x 4 feet, at Palace Ground (South Gate), Purandaradasa Road, behind Gun House, K.R. Mohalla, Mysore. A rent agreement (Ex.D4) was entered into between the parties for a period of 11 months, commencing from 23.12.1997, fixing the ground rent at Rs. 250/- per month. Pursuant thereto, the appellant put-up a Telephone booth, obtained telephone connection (Ex.P2) and is carrying on the business. Before expiry of the agreed period, renewal having been sought, was granted for a further period of 11 months and an agreement (Ex.D10) was entered into on 27.11.1998. The Commissioner sent a notice dated 19.1.1999 (Ex.D11) Intimating the appellant that, the Corporation has resolved (Exs.D14 - 16) not to extend the licence to ...

Nagaraju and ors. Vs. the Tahsildar

Court: Karnataka

Reported in: ILR2009KAR1671; 2009(5)KarLJ496:2009(3)KCCR1638:2009(5)AIRKarR84(D.B)

P.D. Dinakaran, C.J.1.1. The petitioners in these batch of Writ Petitions are the owners of the lorries which are used for transporting sand without valid permit in the areas of T. Narasipura Taluk, Mysore District. The responent -Tahsildar seized the impugned lorries on 1.12.2008 at about 8-00 P.M. near Hanumanthanagar, Channapatna, Ramanagara District, alleging that the petitioners are transporting sand illegally by the impugned lorries, above 3ft. from the body level.1.2. By proceedings dated 1.12.2008, the respondent called upon the petitioners to pay a fine of Rs. 1,00,000/- per lorry and in case of petitioner No. 8, the respondent demanded a fine of Rs. 50,000/-, of course, without prejudice to initiate suitable further action against the petitioners, in case of non-payment of the fine amount.1.3. On receipt of the notice, petitioners made representation on 8.12.2008 requesting the respondent to release their lorries as they have not violated any Rules or Regulations, as the peti...

Sri. Nanjappa S/O Sri. Gonajja Vs. Sri Doddaiah S/O Sri. Erachikkaiah ...

Court: Karnataka

A.N. Venugopala Gowda, J.1. The material facts of the case in a nutshell are as follows:One Eraiah, son of Goni Eraiah, was the owner of land measuring 1 acre 15 guntas in Sy. No. 256/3 of Kenkere Village, Gandasi Hobli, Arasikere Taluk. He executed a deed of settlement on 7.5.1965 (Ex.P10), settling the said property and other items of properties, in favour of one Smt. Ningamma w/o Chikkanna @ Hitiaiah and one Era Chikkaiah, son of Goni Erachikkaiah. Said Era Chikkaiah and his wife Smt. Sanna Thopamma, passed away leaving behind them, their minor daughter Kum. Rangamma. For better appreciation of the case, it is necessary to notice the genealogical tree of the said parties, which is as follows: Genealogy|------------------------------------------------------------------| | |Dyavaiah Goni Eraiah Era Chikkaiah(Dead) (Dead) (Dead)| | |No issues Eraiah |-------------------------| | |Chikkanna Gonajja Era Chikkaiah@Hittaiah (Dead) (Dead)(Dead) | || | |Ningamma Nanjappa Sannthopamma(Dead) (...

Shantawwa W/O. Mahalingaiah Wadekar Hiremath Vs. Neelamma @ Neelawwa W ...

Court: Karnataka

K. Ramanna, J.1. The appellant-defendant has come up with this appeal against the judgment and decree dated 3-12-2001 passed in RA. No. 40/1999 by the Civil Judge (Sr.Dn), Koppal reversing the judgment and decree dated 3-8-1999 passed in O.S. No. 256/1992 by Civil Judge (Jr.Dn), Koppal, praying to dismiss the said suit filed by the plaintiff-respondent herein.2. For the sake of convenience, the parties will be referred to in their rank assigned to them before the trial court.3. The brief facts of the case are that the plaintiff had filed the suit before trial Court seeking for the relief of declaration of title to half share in suit schedule properties and partition of her half share in the suit properties by meats and bounds. It is the case of plaintiff that, herself and defendant are the real sisters and grand daughters of their maternal grandmother deceased Gangawa; that the said Gangawa had owned several properties including suit schedule properties in Basapur and Bahadurbandi vill...

B.B. Nanjappa Vs. State of Karnataka

Court: Karnataka

K. Ramanna, J.1. This revision is directed against the judgment and order of conviction and sentence dated 18-9 1995 passed by the 4th Addl.CMM at Bangalore, in C.C. No. 8034/1993, whereby the revision petitioner-accused is convicted and sentenced for an offence punishable under Sections 408, 380, 468, 471 and 420 of IPC and also to set aside the judgment and order of dismissal of the appeal passed by the FTC -III Bangalore city, in Crl. A. 172/1995, on the ground that the courts below have not applied their judicious mind in appreciating the evidence placed on record, consequently come to a wrong conclusion in convicting the petitioner for the aforesaid offences. The alleged Vikas Cash Certificate ['VCC' for short] was not in the custody of the petitioner and the contrary the said certificate was in the exclusive custody of the manager of the bank. That the courts below erroneously come to the conclusion in convicting and sentencing the petitioner for the aforesaid offences. There are...

Shet and Co. Rep. by Its Proprietor G.R. Shet S/O. K.R.K. Shet Vs. Cor ...

Court: Karnataka

K. Ramanna, J.1. This appeal filed by the appellant-complainant under Section 378(4) of Cr.P.C., to set aside the judgment and order of acquittal passed by the 2nd Addl. Sessions Judge, Mangalore, in Crl. A. No. 132/04 dated 21.12.2004 and to confirm the judgment and order of conviction and sentence passed by the JMFC (IV) Court, Mangalore in C.C. No. 229/01 dated 8.4.2004.2. The case of the appellant is that, he is carrying on the business of money lending by obtaining necessary money tending license from the concerned authorities. The Respondent No. 1 is a partnership firm and Respondents 2 and 3 are the partners. Respondents 2 and 3 are responsible for the affairs and conduct of the business of the R1-firm. For meeting the financial needs of the firm, i.e., Respondent No. 1, Respondents 2 and 3 along with one K. Prakash Basari had borrowed in all Rs. 4,10,000/- by executing on demand promissory note, dated 12.3.99 jointly agreeing and undertaking to repay the same together with inte...

Prabhakar K. Prabhu, S/O. Late K.S. Prabhu Vs. Ganapathi A. Prabhu S/O ...

Court: Karnataka

K. Ramanna, J.1. This appeal is filed by appellant-complainant under Section 378[4] of Cr.P.C to set aside the judgment and order of dismissal of C.C. No. 51/2000 passed by the JMFC [IV Court) Mangalore, dated 22-8-2000 praying to convict the respondent for an offence punishable under Section 138 of N.I. Act.2. The case of the appellant in nutshell is that the respondent has issued the post dated cheque-Ex. P.2 dated 31-3-1998 for Rs. 21,800 drawn on Canara Bank, Mazagaon, Mumbai, when it was presented for encashment it came to be dishonoured on the ground that payment stopped by the drawer, to that effect the banker of the appellant had issued endorsement dated 16-4-1998, therefore he got issued demand notice, inspite of service of notice he neither paid the amount nor sent any reply therefore, a private complaint came to be filed. In pursuance to the summons issued, respondent appeared through counsel. To prove his case appellant was examined himself as P.W.1 and also examined one M....