Karnataka Court April 2009 Judgments
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Smt. H.R. Nagarathna Vs. Smt. Jayashree Prasad
Court: Karnataka
Decided on: Apr-16-2009
Reported in: 2009(4)KarLJ26
Arali Nagaraj, J.1. The appellant herein being complainant in C.C. No. 29722 of 2005, has challenged the legality and correctness of the judgment and order of acquittal dated 30-1-2009 passed in the said case by the XIII Additional Chief Metropolitan Magistrate, Bangalore (hereinafter referred to as the 'Trial Court'), acquitting the accused therein (respondent herein) of the offence under Section 138 of the Negotiable Instruments Act, 1881.2. Though this matter is listed today for admission, it is taken for final disposal by consent of the learned Counsel for the appellant and his arguments on merits are heard. Perused the impugned judgment and order of acquittal and also copies of depositions of P.W. 1-the complainant and D.W. 1-the accused which are made available by the learned Counsel for the appellant.3. Stated in brief the case of the complainant is that the accused, who is known to the complainant since the past six years, borrowed from the complainant a hand loan of Rs. 36,000...
Sri P. Shekharappa S/O Parameshwarappa and ors. Vs. the Election Commi ...
Court: Karnataka
Decided on: Apr-16-2009
Reported in: 2009(5)KarLJ161
ORDERP.D. Dinakaran, C.J.1. Alleging that there is gross violation to the Model Code of Conduct and as such there is no possibility of free and fair election in Bellary Lok Sabha Constituency and citing role of Election Commissioner under such situation, the petitioners have filed the above public interest litigation seeking he following reliefs:Issue a writ in the nature of mandamus or any other writ of direction, directing the respondents herein to forthwith appoint a special Observer/s for conduct of elections to the 15th Lok Sabha for Bellary Parliamentary Constituency to be held on 23rd April 2009.Issue a writ in the nature of mandamus directing the respondents herein to consider Bellary Lok Sabha Constituency as a sensitive Constituency and provide necessary law and order enforcement machinery for conduct of free and fair poll.Issue a writ in the nature of mandamus directing the respondents to report to the Hon'ble Court the action taken by the District Administration in respect ...
Karnataka Bank Limited Vs. the Chief Electoral Officer for Karnataka a ...
Court: Karnataka
Decided on: Apr-16-2009
Reported in: AIR2009Kant168; ILR2009KAR3123; 2009(4)KarLJ349::2009(2)KCCR1588:2009(5)AIRKarR76
ORDERN.K. Patil, J.1. Though this petition is listed for preliminary hearing, with the consent of the learned Counsel for the parties, the matter is taken up for final hearing and is disposed of in view of the urgency in the matter.2. Petitioner in this petition has sought for a declaration to declare that the staff in private sector Bank like the petitioner are outside the purview of Section 159 of the Representation of the People Act, 1951. Further, petitioner has sought for quashing the notice dated 13th March, 2009, issued by the Tahsildar, Mangalore produced at Annexure-Al, notice dated 12th March, 2009, issued by the Tahsildar, Ramanagara Taluk produced as Annexure-A2, and the notice dated 31st January, 2009, issued by the Tahsildar, Hunsur Taluk produced as Annexure-A3 and all farther proceedings pursuant to the same.3. Petitioner in this petition is a Banking Company, incorporated under Companies Act, 1913 and carrying on its Banking activities throughout the country and is not...
Smt. Tejaswini W/O Aravainda Tejas Chandra D/O. N. Krishnappa Vs. Arav ...
Court: Karnataka
Decided on: Apr-16-2009
Reported in: 2010CriLJ616; 2009(6)KarLJ643
ORDERV. Jagannathan, J.1. Whether the expression 'unable to maintain herself contained in Section 125(1)(a) of the Cr.P.C. can be equated to the expression 'capable of earning' and therefore, in a case where the wife is a holder of a post-graduation degree cannot be said that she is capable of earning and as such, she is not entitled for maintenance. This question has cropped up for an answer in this revision petition filed under Section 19(4) of the Family Courts Act, by the wife calling in question the dismissal of her petition for maintenance, by the trial Court.2. The facts are not in dispute in as much as the petitioner was married to respondent on 17.3.2005 and thereafterwards, petitioner was not looked after by her husband as was expected of her husband and it is the case of the petitioner that she was left in her parents' house by her husband and he did not take her to his house and finally the petitioner had to issue a legal notice and though she expressed her willingness to j...
Karnataka State Electro Homeopathy Research and Development Associatio ...
Court: Karnataka
Decided on: Apr-16-2009
Reported in: 2009(4)KarLJ505; 2009(5)AIRKarR29
V.G. Sabhahit, J.1. This appeal is filed by the petitioner in W. P. No. 34454/2004 being aggrieved by the order dated 28.2.2008 wherein the learned Single Judge has declined to quash the order dated 20.8.2004 passed by the State and dismissed the writ petition.2. The appellants herein filed W.P. No. 34454/2004 averring that petitioners have studied four years course in Electro Homeopathy system of medicine. There are several institutions imparting studies in Electro homeopathy, an alternate system of medicine. The said system is in vogue and in force for over a century in certain parts of the states in the course of Research and Development and introduction of the same. In the area in which it is not in vogue certain institutions came to be started in various states of India and an institution was started in Karnataka in 1992 out of which Rajiv Gandhi Electro Homeopathy Medical College at Dharwad is one of them. The second petitioner has been a student of the said college and has compl...
Navayuvaka Sangha (R) Rep. by Its President Sri M. Pampana Gouda S/O M ...
Court: Karnataka
Decided on: Apr-15-2009
Reported in: 2009(5)KarLJ159:2009(6)AIRKarR68(D.B)
ORDERP.D. Dinakaran, C.J.1. The petitioners are villagers of Genikehali village, Bellary Taluk & District. It is not in dispute that the 5th respondent pursuant to notification dated 09.11.2001 has been granted lease of grey granite stone quarrying with effect from 30.6.2003 for a period of ten years located in Sy. No. 339 to an extent measuring 4.22 cents of Genikehali village of Bellary District. Thereafter the Grama Panchayat Genikehalu, Bellary Taluk & District by its resolution dated 24.11.2007 resolved that as the villagers perform pooja and religious functions in a grand manner during the month of Shravana (July-August) at the place of Sri Shanteshwara Devara Mutt, Genikehalu village and in the 'foot marking' at hill and apprehending that if the impugned mining is permitted to continue, the same would cause trouble to the public and also reduce the ground water level, thereby the Grama Panchayat resolved to stop the mining work.2. On the strength of the resolution passed by Gram...
Shaikh MoinudIn and ors.Vs. Buransab and ors.
Court: Karnataka
Decided on: Apr-15-2009
Reported in: 2009(3)KCCR1983
Ravi Malimath, J.1. At the request of both the Counsel, the matter is taken up for final consideration.2. Being aggrieved by the judgment and decree dated 10.1.2002 passed in O.S. No. 91/1988 on the file of the Civil Judge (Jr.Dn.), Chincholi, the petitioners preferred an appeal before the Civil Judge (Sr. Dn) Gulbarga in R.A. No. 7 of 2006. The said appeal was dismissed for non-prosecution. Respondents filed Miscellaneous No. 13 of 2007 under Order 41, Rule 19 for restoration of the appeal and the same came to be dismissed. Aggrieved by the same, respondents filed an appeal under Order 43, Rule 1 of CPC in M.A. No. 4 of 2008. The Appellate Court came to the conclusion that when ever orders are passed under Order 41, Rule 19, the remedy available to the party is before the Appellate Court and the Appellate Court in the instant case is the District Court and the said application is therefore not maintainable under law.3. Smt. Hema L. Kulkarni, learned Counsel appearing for the petitione...
Sri. Kariyappa BIn Thippanna and ors. Vs. State of Karnataka Rep. by U ...
Court: Karnataka
Decided on: Apr-13-2009
Reported in: 2009(4)KarLJ692
ORDERN.K. Patil, J.1. The petitioners are claiming that they are the devotees of Sri Ramadevaru Temple of Iguru Gollarahatti village, Davangere Taluk and District. The petitioners, questioning the correctness of the impugned notification issued by the Under Secretary to the Government Revenue Department (Muzrai) in No. RD:77:MET:2003 dated 30.4.2003 vide Annexure-D in so far as it relates to Sri Rama Devaru Temple of Iguru Gollarahatti Village, Davanagere Taluk and District, have presented this writ petition.2. The petitioners are claiming that they are the residents of Iguru Gollarahatti village, they belong to Golia community and they are worshipping the village deity Sri Rama Devaru. Sri Rama Devaru of Iguru Gollarahatti is exclusively worshipped by the petitioners' community people and the said temple was not a Muzrai Temple and no Tasdik is being paid and temple owns no property and temple has no source of income, inspite of that, first respondent, contrary to Section 23 of the Ka...
V.S. Lad and Sons, a Registered Partnership Firm Rep. by Its Partner/R ...
Court: Karnataka
Decided on: Apr-13-2009
Reported in: 2009CriLJ3760; 2009(6)KarLJ430; 2009(3)KCCR2067; 2009(5)AIRKarR41; AIR2009NOC2599; 2009CriLJ3760(D.B)
P.D. Dinakaran, C.J.1.1. Whether the report of the Lokayukta could be the basis for registering the First Information Report dated 3.2.2009 against the petitioner and to pass an order dated 3.2.2009 seizing the iron ore alleged to have illegally mined in the forest area as well as the tools, vehicles and machinery used for such illegal mining; and whether such FIR and the order of seizure can be quashed by exercising the power of judicial review under Article 226 of the Constitution of India, are the questions that arise for our consideration in the present writ petition.1.2. The petitioner is a registered Partnership Firm. The petitioner is in the field of mining since 1956.1.3. The petitioner was originally granted a mining lease in the year 1956 bearing M.L. No. 1524 for extracting iron ore for a period of twenty years over an extent of 161.38 hectares in Lakshimpura village, Sandur taluk, Bellary District, which was extended further for a period of twenty years from 6.7.1978 with e...
In Re: Paxar India (P.) Ltd.
Court: Karnataka
Decided on: Apr-09-2009
Reported in: [2009]93SCL112(Kar)
ORDERH.G. Ramesh, J.1. In this petition filed under Sections 391 - 394 of the Companies Act, 1956 ('the Act'), the petitioner-Paxar India Private Limited (transferor-Company) has sought for sanction of the Scheme of Amalgamation which is produced as Annexure-A, so as to be binding on the petitioner-Company, R.V.L. Packaging India Private Limited (another transferor-Company), Avery Dennison (India) Private Limited (transferee-Company) and their respective shareholders and creditors and all other persons.2. The petitioner-Company was incorporated on 16-9-1988 with the Registrar of Companies, Maharashtra. The registered office of the Company was shifted from Maharashtra to Karnataka with effect from 7-1-2000. The petitioner-Company was incorporated to carry on the business of manufacturing printed labels, cotton twill tapes, nova tapes, bar-codes, paper printed tags of all kinds etc.3. The registered office of the petitioner-Company is situated at 90/91, 7th Main Road, Peenya Industrial A...
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