Karnataka Court August 2009 Judgments

Chitra Exhibitors Represented by Its Partners and ors. Vs. the Deputy ...

Court: Karnataka

ORDERAjit J. Gunjal, J.1. In this writ petition, the petitioners are seeking a writ of prohibition. The core question which fells for consideration is, in what circumstances, a writ of prohibition can be issued.2. The facts germane for the disposal of the writ petition are as under:The petitioners claim to be the registered owners in occupation and possession of Vani Theatre along with fixtures. The said theatre is situated in Chickballapur Town. They are running feature films in the name of M/s. Chitra Exhibitors, which consists of four partners. It is not in dispute that the second respondent was a lessee under the petitioners. It is also not in dispute that the lease period came to an end on 02.11.2002. Since the lease had expired, the petitioners have filed a suit in O.S. No. 164/03 before the competent Civil Court for ejectment and the same is pending adjudication. In the meanwhile, the second respondent has filed a suit for enforcement of an alleged agreement to sell stated to ha...

K.H. Ashoka Son of Hombalegowda H. Vs. Srinivas Son of Chikkanarayanap ...

Court: Karnataka

N.K. Patil, J.1. This appeal is directed against the judgment and award dated 23/1/2006 passed in MVC. No. 6621/2003 on the file of Motor Accidents Claims Tribunal ('Claims Tribunal' for short). The Claims Tribunal by its judgment and award, awarded a sum of Rs. 2,10,000/- with 6% interest from the date of petition till the date of its realization. The appellant has presented this appeal on the ground that the amount awarded by the Claims Tribunal is inadequate and he is entitled for enhancement of compensation.2. The appellant claims that he is working as Head Constable. That on 20/9/2003 at about 7.45 p.m., appellant along with P.S.I Thimma Bovi had been to a Ganesha function near Bangarappa Nagara at Javamyana Doddi Main Road junction, Bangabre. At that time, when he was doing his duty standing by the side of the road, the driver of the lorry bearing No. CNE 4288 came in a high speed and in a rash and negligent manner and dashed against the petitioner, as a result of which, the appe...

Sri Ganesh Prasad Hedge, S/O Vishwanath Hegde, Vs. Smt. Surekha Shetty ...

Court: Karnataka

ORDERSubhash, B.Adi, J.1. Petitioners have sought for quashing of the proceedings in C.C. No. 8663/2009 pending on the file of IV Addl. C.M.M., Bangalore.2. Respondent has filed a private complaint under Section 200 of Cr.P.C. for an offence punishable under Sections 403, 406 of IPC interalia alleging that, her marriage took place on 3rd December 1998 at Mangalore and they were residing at Mumbai and during which period, there were several matrimonial incidents. However, she returned to Bangalore and she was living with her mother. When she was living with her mother, the accused came and stayed for some time in search of a job, however, he could not secure the job in Bangalore and left to Mumbai where he is now working. It is her case that, as 'Streedhana', the accused had received Rs. 9 lakhs from the complainant's father and that amount was lying with the accused. Complainant demanded for payment of the said amount from Bangalore and same was refused by the accused. In view of the a...

India Builders Corporation Rep. by Its Managing Partner, Mr. Ziaulla S ...

Court: Karnataka

Reported in: ILR2009KAR4028

ORDERN. Ananda, J.1. The petitioner (India Builders Corporation) is arrayed as judgment debtor in Ex.P.No.896/2003, pending on the file of XIX Addl. City Civil & Sessions Judge at Bangalore. Ex. P. No. 896/2003 is filed to execute the decree in claim No. HC 02C00728 dated 08.10.2002, made by the High Court of Justice, Chancery Division, London. The decree holder is one Mr. Masood Asif.2. The execution proceedings were initiated under Section 44A of C.P.C. In response to the cause notice issued under Order XXI Rule 22 CPC, judgment-debtor filed objections. The executing Court on hearing learned Counsel for parties and consideration of objections statement, overruled the objections. Therefore, judgment-debtor is before this Court.3. The relevant facts and proceedings necessary for disposal of this petition are as follows:By a written agreement dated 29.01.1999, India Builders Corporation and U.K. Partners agreed to purchase and Mr. Masood Asif agreed to sell property bearing No. 39-47, B...

Mr. Brijesh Patel S/O. Parashuram Patel, Honorary Secretary, Karnataka ...

Court: Karnataka

Reported in: ILR2009KAR3980

ORDERAnand Byrareddy, J.1. These petitions are heard and disposed of together as they pertain to the same society arising out of the same set of circumstances.2. The petitioner in WP 14712/2009 is presently the Honorary Secretary of the Karnataka State Cricket Association (Hereinafter referred to as the 'KSCA' for brevity). He is a former international cricketer and has held many positions including the post of the Director, National Cricket Academy and was also the. Chairman, of the Selection Committee, Board of Cricket Control in India, to mention two.3. The Petitioner states that respondents 5 and 6, who are members of KSCA, are said to have filed an application purportedly under Section 25 of the Karnataka Societies Registration Act, 1960, (Hereinafter referred to as the KSR Act, for brevity) calling upon the Registrar of Societies to hold an enquiry into alleged financial and other irregularities in the management of KSCA. Pursuant to the same, the Secretary, KSCA was issued a not...

The Commissioner of Income-tax and the Assistant Commissioner of Incom ...

Court: Karnataka

Reported in: (2009)226CTR(Kar)260

Aravind Kumar, J.1. This appeal by the revenue under Section 260A of the Income tax Act, 1961 (Act, for short) is against the order dated 15-12-2003 passed by ITAT, Bangalore Bench-B in IT(SS)A No. 49/Bang/2003 relating to toe block assessment period 1-4-1990 to 14-7-2000.2. The assessee is an individual. On 14-7-2000 search was conducted in the residential premises of the assessee and statement came to be recorded on 14-7-2000 and on 24-7-2000 under Section 132(4) of the Act. The assessee was also cross examined by one Dr. K.R. Paramahamsa. The assessee pursuant to the said search filed return for the block period 1-4-1990 to 14-7-2000 on 24-4-2001 declaring undisclosed income as nil. During the course of search proceedings the assessee had admitted that he had received from Dr. K.R. Paramahamasa Chairman of Paramahamsa Foundation & Trust, Bangalore a sum of Rs. 42 lakhs for relinquishing his life membership and secretary ship in Jayanagar Education Society. On verification by the aut...

Mr. Vijayan Rajes S/O Mr. M.S.P. Rajes and Vs. M.S.P. Plantations Priv ...

Court: Karnataka

Reported in: ILR2009KAR3576

D.V. Shylendra Kumar, J.1. This appeal under Section 10P of the Companies Act, 1956 [for short, the Act] by the persons who were petitioners in Company Petition No. 51 of 1996, on the file of the Company Law Board, Principal Bench, Chennai, who had presented the petition under Sections 397 and 398 of the Act seeking for the relief in respect of the acts and oppressions complained against the management and majority shareholders of M/s MSP Plantations Private Limited, Bangalore, as the petition came to be dismissed in terms of the impugned order dated 30-9-1998 and being aggrieved by the dismissal of the petition.2. It is urged in the memorandum of appeal that the Company Law Board has not. taken into consideration the relevant aspects and materials which had been placed by the appellants-petitioners before the Company Law Board; that even without any worthwhile opposition to the company petition on the part of the respondents in the petition, Company Law Beard has erroneously dismissed...

Shappa Alias Ishwarappa Vs. Kalakappa and ors.

Court: Karnataka

Reported in: 2009(6)KarLJ301

H.N. Nagamohan Das, J.1. Appellant is the defendant and respondents are the plaintiffs before the Trial Court. In this judgment for convenience the parties are referred to their status before the Trial Court.2. Plaintiffs contend that the plaint schedule properties originally belong to one Andawwa. The defendant by playing fraud and by misrepresentation obtained a registered gift deed dated 25-10-1957 from Andawwa. During the lifetime of Andawwa, she came to know about the registered gift deed in the year 1970. Thereafter, the plaintiffs and Andawwa initiated legal proceedings against defendant in O.S. No. 9 of 1970 for decree of permanent injunction. So also the defendant filed O.S. No. 10 of 1970 against Andawwa and plaintiffs for decree of permanent injunction. These two suits O.S. Nos. 9 and 10 of 1970 came to be returned for want of jurisdiction.3. Thereafter, the defendant filed O.S. No. 96 of 1972 against the plaintiffs and Andawwa for decree of permanent injunction and the same...

Nayanakumar Vs. the State of Karnataka and anr.

Court: Karnataka

Reported in: ILR2009KAR4295

ORDERV. Jagannathan, J.1. The petitioner seeks quashing of the order dated 24.4.2009 in Crl.RP 156/2008 passed by the Learned Addl. Sessions Judge, Bijapur and also the proceedings in Crl.Misc. 77/08 on the file of the Learned JMFC, Bijapur.2. The case of the petitioner is that the 2nd respondent claiming to be the wife of the petitioner approached the District Legal Services Authority seeking the assistance of the said authority to bring together the 2nd respondent and the 1st petitioner as they are the wife and husband and following the husband having gone out of the company of the 2nd respondent, she made such a request.3. Pursuant to the said request made by the 2nd respondent, District Legal Services Authority took up the matter before Lok Adalath and both the petitioner and 2nd respondent were present and after perusing the documents produced by the 2nd respondent and also on being not successful despite a long deliberation, in bringing the parties to arrive at a compromise, the ...

K. Rama Prasadh Vs. Parameshwara Naik

Court: Karnataka

Reported in: 2009(6)KarLJ705

ORDERAshok B. Hinchigeri, J.1. The petitioner has raised the challenge to the order dated 23-7-2009 passed by the learned Principal Civil Judge (Junior Division), Puttur, Dakshina Kannada on I.A. Nos. 8 and 9 in O.S. No. 66 of 2006.2. The facts of the case in brief are that the respondent filed the suit seeking the relief of declaration that he has acquired the right of pathway in plaint B schedule property and for permanent prohibitory injunction, etc. On the closure of respondent's side of evidence the matter was posted for the defendant's (petitioner's) evidence. At that stage, the respondent's side filed LA. No. 8 for reopening his case and I.A. No. 9 for summoning his son, Krishna Naik for giving evidence. The Trial Court allowed both the I.As. by its order dated 23-7-2009. Feeling aggrieved by the same, these petitions are presented.3. Sri Krishnamurthy the learned Counsel submits that LA. No. 8 is not supported by any affidavit. It is only accompanied by the memo of facts, signe...