Karnataka Court May 2009 Judgments
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Sri G. Abdul Khayum S/O G. Abdul Karimsab Vs. Sri Abdul Hadi S/O AmIn ...
Court: Karnataka
Decided on: May-05-2009
N. Kumar, J.1. The appellant has challenged in this appeal the Judgment and Decree of the Lower Appellate Court, which has reversed the Decree of the trial Court and dismissed the suit of the plaintiff for bare injunction.2. For the purpose of convenience, the parties are referred to as they are referred in the Original Suit.3. The case of the plaintiff is that he is in possession and enjoyment of the Bait schedule property belonging to the Government. Since more than a statutory period, he has erected a but and he is residing there with his family, members. Therefore, he has perfected his title by way of adverse possession and he has been paying tax regularly. He has approached the Tahsildar, Bellary for grant of the suit property. The defendants, who have no manner of right, title or interest over the suit property, interfered with his possession. Then, the plaintiff approached the Police. They did not give any protection. They directed him to approach the Civil Court. Therefore, he ...
Annaddore S/O Nataraj Vs. State of Karnataka by Cottonpet Police
Court: Karnataka
Decided on: May-05-2009
ORDERK.N. Keshavanarayana, J.1. In this petition filed under Section 439 of Cr.P.C, the petitioner who has been arraigned as accused No. 3 in S.C. No. 393/2008 on the file of Fast Track Court No. 9 at Bangalore City, has sought for an order to enlarge him on bail.2. Cottonpet police have filed the chargesheet against this petitioner and two others for the offence under Section 302 r/w 34 IPC. According to the allegation made in the chargesheet, on 01.12.2007 at about 10.00 p.m., this petitioner along with accused Nos. 1 & 2 came to the house of the deceased Bandit Mohan Gopal Sharma in Belimutt road, Cottonpet, Thereafter A1 to A3 along with the deceased and the complainant Lalith Kumar Ravel proceeded in the car belonging to the deceased towards the house of the accused persons to see the Vastu of their house. However on the way, the present petitioner got down from the car stating that he would bring the key of the house and did not return. Therefore, A1, A2, the deceased and CW-1 re...
Highland Holiday Homes Pvt. Ltd. by Its Director Sanjay Bajaj Vs. the ...
Court: Karnataka
Decided on: May-05-2009
ORDER1. The petitioner has challenged in this writ petition the orders passed by the District Consumer Disputes Redressal Forum as well as the State Consumer Disputes Redressal Commission awarding damages for the delay in repayment of the amount which the respondents were legitimately entitled to from the petitioner. The grievance of the petitioner was though it received the money from the depositors, by virtue of a notification it was prevented from operating the Scheme and therefore the authorities were not justified in awarding damages. When once the petitioner had the benefit of the amounts of the respondents, not only it is legally bound to refund the amount which it has received, it is also bound to refund the benefit of the said amount which the petitioner did enjoy as long as the said amount was in its possession. The damages which is now awarded represents the said benefit. Under these circumstances, we do not see any justification to interfere with the order passed by the aut...
Shabari Girish S/O. Shekarappa, Vs. the Debaspet Ps Nelamangala Taluk ...
Court: Karnataka
Decided on: May-05-2009
ORDERK.N. Keshavanarayana, J.1. Petitioners herein are arraigned as Accused Nos. 2, 4 and 5 in C.C. No. 143/2009 on the file of the JMFC, Nelamangala (Crime No. 202/2008) for the offences punishable under Sections 392, 396 and 201 IPC.2. According to the case of the Prosecution, CW-1 Khaja the driver of Lorry bearing Registration No. TN-23/D-8727 lodged a complaint between 7.00 to 7.30 a.m. on 27-11-2008, based on which, the case was registered and investigation was taken up. According to the allegations, on the evening of 26-11-2008, the complainant left SUNVIC factory near Tumkur along with load of 15 Tonnes of Iron rods to deliver the same near Dabaspet Industrial Area. Along with him, a Watchman by name Roldana Kaph of the said factory also accompanied him. According to him, he reached NH-4 near Kyathasandra at 10.30 p.m. and at that place one of the wheels of the vehicle got punctured. Therefore, he proceeded slowly and he reached near Dabaspet at about 12 in the midnight. As it w...
Can FIn Homes Limited Represented by Its Senior Manager Sri A. Madhuka ...
Court: Karnataka
Decided on: May-05-2009
ORDER1. The petitioner Canfin Homes Limited, a financial institution has challenged in this writ petition the order passed by the Karnataka State Consumer Disputes Redressal Commission allowing the complaint and directing the refund of 50 per cent of amount paid by the complainant as processing fee and accordingly, it dismissed the appeal preferred by the petitioner before it.2. This order could be challenged by the petitioner before the National Forum. As the petitioner has an alternative and efficacious remedy, we do not find any justification to entertain this writ petition as we are satisfied prima facie, that the impugned order does not call for interference. Accordingly, the petition is dismissed. However, the petitioner is at liberty to avail the alternative remedy. High Court office is directed to return all the papers filed along with the writ petition to enable the petitioner to avail the alternative remedy....
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