Karnataka Court September 2009 Judgments

Smt. Roopa Vs. Vijaya Kumar and anr.

Court: Karnataka

Reported in: 2009(6)KarLJ574

ORDERSubhash B. Adi, J.1. The petitioner has sought for setting aside the order dated 19-8-2009 in E.P. No. 68 of 2009 on the file of the Dakshina Kannada Consumer Disputes Redressal Forum, Mangalore.2. It appears, the decree-holder before the Consumer Forum had filed an execution petition for execution of the decree. In this regard, the matter was posted on 19-8-2009. Since the petitioner had not appeared in the case, the Presiding Officer of the District Consumer Redressal Forum had issued non-bailable warrant through Superintendent of Police. At this stage, the petitioner is before this Court.3. Learned Counsel for the petitioner submits that before issuing NBW, the Presiding Officer is required to follow the procedure contemplated under Section 27 of the Consumer Protection Act, 1986 and the said procedure is not followed. However, he also submits that the petitioner herein would appear before the Consumer Forum on the date fixed by this Court to avoid unnecessary delay in the matt...

Vishwas U. Lad Vs. the Commissioner, Bangalore Development Authority a ...

Court: Karnataka

Reported in: 2009(6)KarLJ682

V.G. Sabhahit, J.1. This appeal is filed by the petitioner in W.P. No. 7454 of 2008 being aggrieved by the order dated 25-9-2008 wherein the learned Single Judge has dismissed the writ petition.2. The appellant herein filed W.P. No. 7454 of 2008 seeking for declaration that the action of the respondents 1 and 2-Bangalore Development Authority (hereinafter called 'the BDA') in issuing notice dated 19-4-2008 as per Annexure-F to the writ petition and all consequential acts/proceedings thereto leading to the demolition of the building on the schedule site on 24-5-2008 as illegal and non est in law and to restore the status quo and to order for an investigation be conducted by the independent agency.3. It is the contention of the petitioner that he is the owner in possession of the site bearing No. 486 situated in Corporation Ward No. 72 (previously having HASB Katha No. 408) located in Sy. No. 8/2, 7th Main, situated at Motappana Palya, K.R. Puram Hobli, Bangalore East Taluk, Bangalore. T...

A.L. Yellappa Vs. Smt. Huchamma Alias Padmavathamma and ors.

Court: Karnataka

Reported in: 2009(6)KarLJ707

ORDERH.N. Nagamohandas, J.1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 21-5-2002 in Case Nos. 746 to 748 of 1974-75 and Case No. 2277 of 1975-76 passed by the Land Tribunal, Bangalore North Taluk.2. The subject-matter of this writ petition is 2 acres 20 guntas of land in Sy. No. 29 of Amruthahalli Village, Bangalore North Taluk. Respondent 1 was the owner of the lands in question and she sold the same in favour of respondent 4. In turn respondent 4 sold the land in question in favour of respondents 5 and 6.3. It is the case of the petitioner that his father Kullappa was in possession of the land in question as tenant. The RTC extracts from the years 1966-67 to 1971-72 in respect of the land in question were in the name of Kullappa. Kullappa died in the year 1972. After the demise of Kullappa, petitioner being the son continued in possession and enjoyment of lands in question. Though the petitioner continued in posses...

Shree Financiers (R) Vs. Smt. Bhagyamma and ors.

Court: Karnataka

Reported in: 2010(1)KarLJ337

ORDERAshok B. Hinchigeri, J.1. As the common questions of facts and law are involved in the two petitions, they are clubbed and are being disposed of by this common order.2. The facts of the case in brief are that the petitioner filed O.S. No. 104 of 1998 against the respondents for the recovery of a sum of Rs. 57,386/- with interest. Based on the rival pleadings, the issues were framed. The parties have lead and concluded their side of the evidence. Further both the sides have also argued out the case on merits. When the matter was set down for the reply of the petitioner-plaintiff, it filed two I.As. I.A. No. 9 for the condonation of delay in filing the list of witnesses as it wanted to examine the Bank Manager, Karnataka State Industrial Co-operative Bank, Chikkaballapur Branch and I.A. No. 10 to recall the stage from further arguments on merits to further evidence of the petitioner. The Trial Court, by its order, dated 17-9-2007 dismissed both the I.As. with cost. Feeling aggrieved...

Sri S. Ishwar Bhat S/O Late Ganapathy Bhat Vs. the State Represented b ...

Court: Karnataka

Arali Nagaraj, J.1. The accused in Sessions Case No. 94/06 on the file of the learned First Addl. Sessions Judge, Mangalore, Dakshina Kannada (Herein after referred to as the 'Trial Court' for short) has challenged in this appeal the judgment and order of conviction and sentence dated 30.10.2008 passed in the said case convicting him for the offence under Section 376 read with Section 511 IPC and sentencing him to undergo RI for a period of 5 years and also to pay fine of Rs. 3000/- with default sentence of RI for a further period of 3 months.2. Heard the arguments of Sri Manmohan P.N. learned Counsel for the appellant-accused and Sri.Satish R. Girji, learned High Court Government Pleader. Perused the impugned Judgment and Order of conviction and sentence and the entire material in the original records obtained from the Trial Court.3. On appreciation of the oral evidence of PWs 1 to 17, the documents at Exs.P. 1 to 14 and MO Nos. 1 to 3, the trial Court held the appellant-accused guilt...