Karnataka Court May 2009 Judgments

Bhaskara Reddy (Ex Service Man) S/O. Peddappa Vs. Bangalore Developmen ...

Court: Karnataka

Reported in: ILR2009KAR2882; 2009(6)KarLJ670:2009(5)AIRKarR329.

ORDERMohan Shantanagoudar, J.1. Petitioner is the owner of the site bearing No. 920-2HC, situated at HRBR Layout, 1 Block, Bangalore. The site was originally allotted in favour of Smt. D. Pushpa as per the allotment letter vide Annexure-D, dated 21.2.2000. BDA has executed absolute sale deed in favour of Smt. D. Pushpa on 24.2.2000. Thereafter she sold the property in favour of Abdul Jabbar vide sale deed dated 7.5.2003, who in turn sold the property in favour of the petitioner on 22.8.2003. Copy of the sale deed executed in favour of the petitioner is produced at Annexure-E to the writ petition.2. Adjacent to the property of the petitioner (on the hind side), a marginal land measuring 24.10 sq.mtrs. is lying. According to the petitioner, the said marginal land cannot be used of by anyone else except by the petitioner, who is the owner of the site bearing No. 920-2HC. Thus, the petitioner made an application dated 25.3.2004, seeking allotment of the marginal land. The BDA sent intimati...

Smt. P. Sharadamma W/O K.J. Nagegowda and Sri S.M. Gurunanjaiah S/O La ...

Court: Karnataka

Reported in: 2009(6)KarLJ481:2009(5)AIRKarR455

ORDERN. Kumar, J.1. The petitioners have preferred this Election Petition tinder Section 81 of the Representation of People Act, 1951, (hereinafter for short referred to as the Act) for a declaration that the election of the respondent Sri Marithibbegowda from Karnataka South Teachers Constituency of Karnataka State to the Karnataka Legislative Council declared on 19.6.2006 as null and void and set aside the same and for other consequential reliefs.2. The petitioners contested for Legislative Council Election from Karnataka South Teachers Constituency held on 17.6.2006. The Karnataka South Teachers Constituency consists of Mysore, Chamarajnagar, Mandya and Hassan Districts. The calendar of events was issued on 24.5.2006. The last date for submitting the nomination paper was 31.5.2006. The last date for withdrawal of the nomination was 3.6.2006. The date of election was fixed on 17.6.2006. After the last date for withdrawal, 11 candidates remained in the election fray including the peti...

Sri. H.S. Manjunath S/O Siddegowda, Junior Assistant, Ksrtc, Vs. the M ...

Court: Karnataka

Reported in: ILR2009KAR2482:ILR2009(2)Kar2492:2009(4)KCCRSN216:2009(6)AIRKarR244.

ORDERSubhash B. Adi, J.1. Petitioners in these writ petitions have called in question the orders of transfer dated 7.1.2009 issued by respondent No. 3 transferring the petitioner No. 1 from Tumkur Division, Karnataka State Road Transport Corporation (in short referred to as the K.S.R.T.C.) to Yadgir Division of North East Karnataka Road Transport Corporation (in short referred to as 'the N.E.K.R.T.C) and dated 7.1.2009 issued by respondent No. 3 transferring petitioner Nos. 2 and 3 from Tumkur Division, K.S.R.T.C. to Chikkodi Division. North West Karnataka Road Transport Corporation (in short referred to as 'the N.W.K.R.T.C.') produced at Annexures-F and G respectively and for a mandamus directing the respondents to permit the petitioners to work in their parent division viz., at Tumkur.2. All the petitioners were appointed as conductors during 1989, 2002 and 2004 respectively. The K.S.R.T.C. is established by the State in exercise of its power under Section 3 of the Road Transport Cor...

Suo Motu Vs. the State of Karnataka Represented by the Chief Secretary ...

Court: Karnataka

P.D. Dinakaran, C.J.1. The silent beauty and salient features of the nature and environment are described by our Great National Poet, Sri Rabindranath Tagore in 'GITANJALI', Poem 45, as hereunder:Have you not heard his silent steps?He comes, comes, ever comes.'Every moment and every age, every day and every nightHe comes, comes, ever comes.Many a song have I sung in many a mood of mind,'But all their notes have always proclaimed,'He comes, comes, ever comes'In the fragrant days of sunny April through theForest path be comes, comes, ever comes.In the rainy gloom of July mights on the thunderingChariot of clouds be comes, comes, ever comes.In sorrow after sorrow it is his steps that press uponMy heart, and it is the golden touch of his feet that makes my joy to shine.Sri Rabindranath Tagore2. This Public Interest Litigtion, unlike other usual adversarial litigation, initiated by this Court, suo motu, based on the press reports as to the mysterious death of elephants in Mysore forest area...

Kalmesh Deshpande S/O Sri Krishna Rao Deshpande Vs. Smt. Vijayakumari ...

Court: Karnataka

ORDERA.S. Bopanna, J.1. The petitioner herein is the first respondent in HRC No. 60/2005. The said petition was filed by the first respondent herein under Section 27(2)(r) read with Section 32(2)(a)(b) of the Karnataka Rent Act, 1999. The Court of Chief Judge of the Small Causes Court, Bangalore (hereinafter referred to as the 'Eviction Court') allowed the petition and directed the petitioner herein to vacate and handover vacant possession of the suit schedule premises to the petitioner therein within one month from the date of the order. The petitioner herein claiming to be aggrieved by the order dated 7.7.2007 is before this Court assailing the same.2. Heard Sri B.A. Raviraj, learned Counsel appearing for the petitioner and Sri Nandish Gowda, learned Counsel for the respondent3. The case of the first respondent herein who was the petitioner before the Eviction Court is that she is the absolute owner of the petition schedule property and that the petitioner herein viz., the first resp...

Sri M. Maridev S/O Late Sri Muniyappa and ors. Vs. State of Karnataka ...

Court: Karnataka

Reported in: 2009(3)KCCR2199

P.D. Dinakaran, C.J.1. Aggrieved by the order dated 21.3.2007 refusing to quash the preliminary notification dated 15.07.1982 and the final notification dated 05.08.1986 of the 3rd respondent herein, in so far as the petitioners lands are concerned, which were acquired by the 2nd respondent-Bangalore Development Authority, for the purpose of formation of Nagarbavi II stage Housing Scheme, the unsuccessful writ petitioners in W.P. No. 8340/2003 have filed the above writ appeal.2. For the purpose of convenience the parties are referred to as per their ranking in the Writ Petition.3. The undisputed factual matrix of the case are:(i) The petitioners-1 to 3, who are the legal heirs of Muniyappa, the erstwhile original owner of the impugned land, did not question the acquisition of the impugned lands viz., land measuring 3 acres out of the total extent of 3 acres and 28 guntas, in Sy. No. 55/1, situated at Malagalu village, Yeshwanthapura Hobli, Bangalore North Taluk, acquired for the purpos...

Nagendra S/O Kempeeraiah Vs. State of Karnataka by Its Secretary Depar ...

Court: Karnataka

ORDER1. The instant case is suo moto registered on the basis of the telegram sent by the petitioner to the Hon'ble Chief Justice, on 14.5.2009 stating that his father Sri Kempeeraiah and one Sri. Siddaiah have been illegally detained by the Sub-inspector of Police, Nelamangala Police Station, Bangalore Rural District on 13.5.2009.2. Learned Additional Government Advocate for respondent, on instruction has filed an affidavit of one Sri. B. Raju S/o C.D. Boraiah, Sub-Inspector of Police, Nelamangala Police Station, Bangalore Rural District, stating that, on the basis of the complaint made by one Sri. Narasimharah on 16.2.2008 against the petitioner's father and one Sri. Siddappa, they have been called upon to the Police station and their statements have been recorded with regard to the civil dispute. To verify and satisfy with the statement made by learned Additional Government Advocate for respondent as referred above on instruction from the Sub-Inspector who is present before this Cour...

Arjun Belmar S/O. Narayana Rao and Abhishek Belmar S/O. Narayana Rao V ...

Court: Karnataka

ORDERV. Jagannathan, J.1. Heard the learned Counsel on both sides.2. Anticipatory bail is sought for by the petitioners in respect of a case registered against them in Crime No. 209/2009 for the offences punishable under Sections 323, 324, 504, 143, 147, 148, 307, 506(B) r/w. 149 IPC and 27 of Arms Act, 1959.3. According to Sri S.G. Bhagawan, learned Counsel appearing for the petitioners, in connection with the digging bore well, the petitioners assaulted the complainant and therefore, the complainant lodged a complaint with the police and a case is registered against the petitioners in Crime No. 209/2009 for the offences punishable under Sections 323, 324, 504, 143, 147, 148, 307, 506(B) r/w. 149 IPC and 27 of Arms Act, 1959. The petitioners are innocent and they have not committed any offence as alleged in the complaint. The case is registered as a counter blast to the earlier case registered in Crime No. 208/2009.4. The learned Government Pleader appearing for the State opposes the ...

Vijaya Vidya SaumsThe and ors. Vs. State of Karnataka by Its Secretary ...

Court: Karnataka

ORDERA.S. Bopanna, J.1. The petitioners are before this Court assailing the action of the respondents in issuing the endorsement refusing to grant permission to commence and run English Medium School as indicated in the petitions. Since similar question had arisen before this Court in W.P. No. 6394-6395/2009, I find that it is unnecessary to advert to the details of the matter. In that background, what is to be noticed is, this Court, while disposing of W.P. No. 6394-6395/2009 has taken note of the decision of the Full Bench of this Court in the case of Associated Managements of Primary and Secondary Schools of Karnataka v. The State of Karnataka, By its Secretary, Department of Education and Ors. reported in : ILR2008KAR2895 .2. In view of the law laid down therein, this Court had quashed a similar endorsement, which has been issued and permitted the petitioner to make a fresh application within the stipulated time and also directed the respondents to consider and dispose of the appli...

R.S. Traders Represented by Sri Shallesh JaIn Vs. the Asst. Commission ...

Court: Karnataka

ORDERA.N. Venugopala Gowda, J.1. The petitioner in W.P. 2304-2313/2009 is a dealer registered under the Karnataka Value Added Tax Act, 2003 (for short 'the Act') and is borne on the files of the 1st respondent, who is the assessing authority of the petitioner. The petitioner is engaged In the business of manufacture, assembling, supply and sale of electrical tools and fittings and its purchases are both local and Inter state. The petitioner has filed its monthly returns before the 1st respondent. The petitioner has filed these writ petitions aggrieved by the Order No. ACCT: Audit:21:AV/INS:52/07-08 dated 30.8.2008 (Annexure A) and Order No. ACCT: Audit:21:AV/INS:52/07-08 30.8.2008 (Annexure B) dated 30.8.2008 passed by the Joint Commissioner of Commercial Taxes.2. The petitioner in W.P. 12649-12652/2009 is a dealer in cement registered under the Act with TIN-29460140409 end the 1st respondent is the assessing authority of the petitioner. Aggrieved by the order dated 9.4.2009 (Annexure ...