Karnataka Court April 2009 Judgments

Sri M.V. Suryanarayana Rao S/O Late M.S. Venkatagiryappa Rep. by Gener ...

Court: Karnataka

ORDERN.K. Patil, J.1. Petitioner in this petition has sought for quashing the order dated 28th March 2007 passed by the second respondent - Tree Officer & Deputy Conservator of Forests, vide Annexure A and the order dated 20th September 2008 passed by the fifth respondent - Tree Authority, Shimoga District vide Annexure B. Further, petitioner has sought for a declaration, declaring that the petitioner is not liable to pay any malki value as the same is illegal and arbitrary & unconstitutional and to direct the respondent authorities to release the timbers which were lifted to the forest depot in its entirety to the petitioner.2. The land in Sy. No. 59 measuring 09 acres situate at Basavanapura, Hosanagar Taluk, Shimoga District was inherited by petitioner after the death of the original grantee, Smt. Sharadamma W/o. Venkatagiriyappa. The said land has been granted to the original grantee by the jurisdictional Officer after collecting an upset price and malki value 'of Rs. 74.58 on 30th...

Jayarama @ Mamma S/O. Shivanna Vs. State of Karnataka by Ramanagaram P ...

Court: Karnataka

Reported in: 2009CriLJ4470; 2009(3)KCCR2161

Arali Nagaraj, J.1. The accused in SC No. 138/2003 on the file of the Fast Track Court, Ramarnagaram (hereinafter referred to as the 'Trial Court' for short) has challenged the legality and the correctness of the Judgment and order of conviction dated 27.2.2007 passed in the said case convicting the respondent accused for the offences under Section 376 and 448 of IPC and sentencing him to undergo RI for a period of 10 years and also to pay fine of Rs. 50,000/- for the offence under Section 376 IPC and to undergo SI for a period of six months and to pay fine of Rs. 1,000/- for the offence under Section 448 IPC with default sentences of RI for one year and SI for three months respectively for the said offences.2. Stated in brief the case of the prosecution, as alleged in Ex.P1 complaint dated 4.1.2003 filed by the victim girl chikkathayamma, before the PSI of Ramanagaram Town Police Station, Ramanagaram is as under:(a) On the morning of 2.11.2002, complainant's mother had gone to attend ...

Krishnaraja Nagar Taluk Agricultural Produce Co-operative Marketing So ...

Court: Karnataka

Reported in: ILR2009KAR2430; 2009(4)KarLJ178; 2009(6)AIRKarR82.

ORDERN.K. Patil, J.1. Petitioners in these petitions have sought for quashing the order Annexure-A, dated 23rd November, 2008 issued by the third respondent insofar as it pertains to Sl. Nos. 2, 40, 41 (petitioner 1); 9, 10, 11 (petitioner 2); 8 (petitioner 3); 33, 34 (petitioner 4); 16, 17, 18, 19 (petitioner 5); 24, 25, 26 (petitioner 6) and 35 (petitioner 7).2. All these petitioners claim that, they are all authorised holders for distribution of fair price commodities as provided under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (hereinafter referred to as the 'Control Order, 1992'). As per the terms and conditions of the authorisation given for distribution of the essential commodities, the petitioners herein have been distributing the foodgrains to the respective card holders coming within their respective jurisdiction and since the date of authorisation, they have been functioning sincerely, honestly and effectively and at no point of time...

Mineral Sales Private Limited (Mspl), Hospet Vs. State of Karnataka an ...

Court: Karnataka

Reported in: 2009(6)KarLJ386:2009(3)KCCR1838:2009(4)AIRKarR462(D.B)

P.D. Dinakaran, C.J.1. The petitioner, a company incorporated under the Companies Act, 1956 is a lessee under the current mining lease for mining iron ore (ML No. 2416) over an extent of 350.78 hectares. Out of 350.78 hectares covering Sy. Nos. 1, 4, 5 and 6 of Vyasanakere Village. Hospet Taluk, Bellary District, an extent of 347.22 hectares was leased out for mining activities and the remaining 3.56 hectares was demarcated for road.1.2 The said mining lease was granted originally in the year 1952 by the then Government of Madras for 10 years to one K Narayanaiah and subsequently transferred in favour of the petitioner herein in the year 1962 and got renewed for 20 years each time with effect from 14-11-1962, 14-11-1982 and 14-11-2002. The petitioner, admittedly obtained clearance from the concerned forest authorities as contemplated under Section 2 of the Forest (Conservation) Act, 1980 vide the proceedings dated 8-3-2007 of the Government of India and the Government of Karnataka has ...

The Deputy Commissioner, Vs. Smt. Kushalamma W/O Bhadraiah Gowda and o ...

Court: Karnataka

1. These two appeals are preferred against the very same order passed by the learned single Judge setting aside the orders passed by the revenue authorities and directing the revenue authorities to restore the names of the respondents in the mutation register.2. Land bearing Sy. No. 25 situated at Tavarehally Village, Kasaba Hobli, Sorab Taluk, measures in all 513 acres. The names of the ancestors of respondents 1 to 5 were entered in respect of a portion of the said land. When the authorities conducted survey they noticed that the aforesaid land is classified as KAN lands and no person's name could have been entered either in column No. 9 or 12 of the record of rights. Therefore, in the year 1977-78 they removed the names of the persons which had been wrongly entered and entered the name of the Government. The said order removing the names of the persons and entering the name of the Government has not been challenged till today. But, the respondents filed applications to delete the na...

Sri. M.A. Shantharaj S/O Late M.B. Anantharajaiah Vs. Sri. S.M. Rickab ...

Court: Karnataka

A.S. Bopanna, J.1. This appeal is by the third defendant in OS. No. 39/2005. The suit was filed by the first respondent herein seeking for possession of the suit schedule property. The defendants 1 and 2 therein were the tenants under the plaintiff and the third defendant had occupied the premises under the defendants 1 and 2. Accordingly, the suit was filed seeking ejectment of all the defendants from the suit schedule property and for possession of the suit schedule property to the benefit of the plaintiff. The defendants had opposed the suit. The trial Court had framed as many as four issues initially and an additional issue thereafter. The contention put for by the appellant herein who was the third defendant before the trial Court was considered while adverting td additional issue No. 1 which had been framed by the trial Court. The contention in that regard was that despite the third defendant being in possession of the suit schedule property and the plaintiff being aware of the s...

V. Babu Devadiga S/O Padda Devadiga Vs. V. Narayan Kamath S/O Late Ram ...

Court: Karnataka

A.S. Bopanna, J.1. The, Appellant herein is the defendant in O.S. No. 225/2002. The mitt in question was filed by the plaintiff seeking the possession of the suit schedule property. The first defendant was the tenant in respect of the suit schedule premises. The trial Court after considering the rival contentions has decreed the suit by its judgment and decree dated 5.6.2006. The first defendant was before the lower Appellate Court in RA No. 57/2006. The flower Appellate Court by its judgment dated 16.7.2008 has affirmed the judgment of the trial Court and has dismissed the appeal. The first defendant is therefore before this Court in this Appeal against the concurrent judgments rendered by the Courts below.2. Heard the learned Counsel appearing for the parties find perused the appeal papers.3. The case of the plaintiff before the trial Court is that he is the absolute owner of the 'A' schedule properties bearing Nos. 22 and 24 and the same was occupied by the first defendant on a mont...

The Mysore Coffee Curing Works Ltd., a Company Incorporated Under the ...

Court: Karnataka

Ashok B. Hinchigeri, J.1. Although the matter is listed for admission, I have taken up the appeal for final disposal with the consent of both the learned advocates.2. This appeal is directed against the judgment, order and decree passed by the Court of DC Additional City Civil and Sessions Judge (CCH-2), Bangalore, in O.S. No. 7621/1980.3. The facts of the case in brief are that the appellant and the respondent entered into three agreements for the calendar years 1073, 1974 and 1975. Under these agreements, the appellant was appointed as the agent to receive, cure, store the coffee and thereafter deliver the same. The amounts received by the respondent were to be kept in the Pool Fund Account with the State Bank of Mysore. On the supply of coffee seeds to the appellant, the consideration was to be passed on to the coffee growers towards the said supply. The appellant transferred some amounts from the Pool Fund Account to his personal account and made advance payments to the coffee supp...

Kallathi Veerashadreshwara Swamy Rep. by Its Conveners (K. Rudrappa S/ ...

Court: Karnataka

K.N. Keshavanarayana, J.1. This second appeal is directed against the concurrent judgments of the courts below decreeing the suit of the respondent-plaintiff for relief of declaration, mandatory and permanent injunction.2. The appellants were defendants in the Trial Court. The respondents herein are the L.Rs. of original plaintiff.3. The original plaintiff H.B. Honnappa filed the suit in O.S. No. 162/97 on the file of Civil Judge (Jr. Dn) Tarikere seeking relief of declaration that he has perfected the right of prescriptive and privilege over 'B' schedule property having been in continuous possession and anjoyment for more than 30 years, to reach Thimmapura- Aladahalli main road from his house and for Mandadory Injunction directing the defendants to restore the said road in its original form and for permanent injunction restraining the defendants from preventing the plaintiffs making use of the said road to reach Aladahalli- Thimmapura road from his house.4. The case of the plaintiff i...

Sri Y.M. Ramesh Kumar S/O Masthaiah Vs. Smt. Varalakshmi W/O Sri K. Kr ...

Court: Karnataka

Reported in: ILR2009Kar1998; 2009(4)KLJ499.

ORDERN.K. Patil, J.1. Petitioner in this petition has sought for calling the records of G & WC No. 152/2000, on the file of I Add!. Principal Family Court Judge, at Bangalore, peruse them and to quash Annexure C order passed on I.A. No. VIII in G & WC No. 152/2000, on the file of the I Additional Principal Family Court Judge, at Bangalore dated 4th April 2007.2. The undisputed facts of the case are that, petitioner had married the daughter of respondents 1 and 2, late Smt. Pushpalatha as per Hindu Customs and Rites during 1998 and out of the said wedlock, a daughter named Suneha was born on 20th January 1999 who is now growing under the supervision, guidance and care of the grandparents namely respondents 1 and 2. Now, Kum. Suneha is aged about ten years studying in IV standard in English medium School, The respondents 1 and 2 being guardian of the minor daughter of petitioner have filed the application, I.A. VIII in G & WC No. 152/2000 on the file of the I Additional Principal Judge, ...