Karnataka Court October 2010 Judgments
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The State of Karnataka and ors Vs. Do Venkatesh S/O Sobaiaha and ors
Court: Karnataka
Decided on: Oct-28-2010
1. The. Appellant herein is Revenue - State who is before vs.2. The learned Single Judge in W.P. No. 13728/2008 has disposed of the petition by following the decision rendered in W.P. No.9397/2008 dated 23.9.2008.3. It is not in dispute that respondent herein was the holder of CL-2 license for sale of Indian made foreign liquors and license was in operation till the end of the year 1996-97 i.e up to 30.6.1997. It is also not in dispute that till 15.10.2008 respondent had not renewed the license for running his Bar and Restaurant as required under the Excise Act and Rules.4. The respondent has come up with an application on 15.10.^003 for renewal of the said license including the lapsed period up to 2008-09 by accepting 50% of the license fee. The concerned Authority directed the respondent to pay license fee of 100%, in view of mandamus to Rule 5-A of the Karnataka Excise (Sale of Indian made foreign Liquors) Rules, 1968 (hereinafter referred to as the Rules).5. According to the appell...
Sri Doreswamy Naidu, S/O. Munaioh Naidu and ors Vs. Smt. Chandrakala, ...
Court: Karnataka
Decided on: Oct-28-2010
ORDER1. Defendants 8 and 9 being unsuccessful in obtaining the relief prayed in LA.2 filed under 0.7 R.ll CPC to reject the plaint, have filed this writ petition.2. Sri Aswathanarayan, learned counsel appearing for the petitioners contends that, the plaint is wholly false and vexatious and considering the prayers in the plaint, more particularly the one relating to the relief of declaration, there is threshold bar of limitation and that apart, the plaintiffs have no cause of action to seek any relief against the petitioners and the litigation is nothing but a paisa interest litigation intended to hold the defendants S and 9 to ransom. Learned counsel submits that, I.A.2 has not been considered in the correct perspective keeping in view the provisions under Articles 58, 108 and 110 of the Limitation Act.3. For rejecting the plaint, in exercise of the power under Rule 11 of 0.7 CPC, the Court is required to look into the averments made in the plaint and not the defense put forth in the w...
Mr. Mohammed Baseer Ahmed S/O Late Mohammed Salar Vs. Assistant Revenu ...
Court: Karnataka
Decided on: Oct-28-2010
1. The appellant herein was the petitioner in W.P.No. 18584/2009 (LB BMP). The appellant had sought for a direction to the respondents to register the khatha in his name in respect of the property bearing site No. 1, House list No.89/5 situate at Cholanayakanahalli village, Kasaba Kobli, Bangalore North Taluk, which is presently known as Chamundinagar, R.T.Nagar Post, Bangalore 560 032.2. The aforesaid relief had been sought by the petitioner in the background of the endorsement dated 20.5.2009 which was issued by the Bruhat Bangalore Mahanagara Palike indicating that the khatha cannot be issued on collecting the betterment charges since the site had been formed without conversion of the agricultural land for residential purpose. The learned Single Judge while upholding the action of the respondents has rejected the writ petition by order dated 21.07.2009.3. Though the learned counsel for the appellant sought to assail the order passed by the learned Single Judge as well as the action ...
Smt. M. N. Vijayalkshmi Vs. Sri.K.R.Anil Kumar
Court: Karnataka
Decided on: Oct-28-2010
ORDER1. Though the petition is listed for admission, with the consent of learned Counsel for the parties, heard arguments for final disposal.2. Learned Counsel for the petitioner submits that the petitioner has filed a petition in M.C.No. 1843/2008 on the file of the Family Court at Bangalore under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. Thereafter, the respondent-husband has filed a petition for divorce in M.C.No.56/09 on the file of the Civil Judge (Sr.Dn) at Shimoga. It is submitted that the petitioner is permanently residing at Bangalore and the marriage of the petitioner with the respondent was also performed at Bangalore and therefore, the Family Court at Bangalore has got the jurisdiction and in view of M.C.No. 1843/08 is pending on the file of the Family Court at Bangalore the case in M.C.No.56/09 on the file of the Civil Judge (Sr.Dn), at Shimoga may be withdrawn and made over to the Family Court at Bangalore.3. Learned Counsel for the responden...
Gangadhara S/O Veerappa and Rangaswamy S/O Rangappa Vs. State of Kamat ...
Court: Karnataka
Decided on: Oct-28-2010
1. These appeals are filed by accused Nos.1 and 2 in S.C.No. 105/2003 on the file of Fast Track (Sessions) Judge-V, Bangalore. Accused Nos.1 and 2 were tried, convicted and sentenced for offences punishable under Sections 489-B and 489-C of IPC. Therefore, they are before this Court. 2. I have heard Smt. G. V. Pad ma va tharnina, learned Counsel for accused and Sri Vijay Kumar Majage. learned Government Pleader.3. In brief, the case of the prosecution is as following- On 1.4.2002 at 4.00 p.m., PW-3 D.Ranganatha, who was the Police Inspector of Gnanabharathi Police Station received credible uniformation about possession and circulation of counterfeit currency notes in front of a hotel near Nagarbhavi Circle. Therefore, PW-3 along with PW-1 H.A.RamanntJ (PC of Gnanabharathi Police Station) and other Police Constables came near Akshaya Hotel situate at Nagarbhavi circle. They found accused Nos.1 and 2 and apprehended them. On personal search, accused No.1 was in possession of eight counte...
Sri.Venkatesh S/O.E.Suresh Vs. State by Jayanagara Police Station
Court: Karnataka
Decided on: Oct-28-2010
1. The petitioner is arrayed as accused No. 1 in Crime No.308/10 registered for offences punishable under Sections 307, 324, 506 r/w 34 I.P.C.2. Heard the learned Counsel for petitioner and learned HCGP and I have been taken through investigation records.3. The investigation records would reveal that one of the friends of the injured (Vishak) had been assaulted by some unknown persons. He informed the same to the first informant and the injured. Thereafter, the first informant, injured and other students went in search of unknown persons to Vijayarangam Layout. There was quarrel between two parties. The petitioner and other accused are alleged to have stabbed the injured with a knife and caused injuries to him. The wound certificate would reveal that the injured had suffered following injuries:1) Incise wound measuring 1 cm on left side of chest2) Incise wound below lateral clavicle.4. The petitioner and other accused were unknown to the injured or first informant. The incident occurre...
Muddaramu @ Muddu S/O Late Nanje Gowda Vs. State by Arakere Police
Court: Karnataka
Decided on: Oct-28-2010
1. The petitioner is arrayed as accused in Crime No. 17/2010 registered for offences punishable under Sections 448. 504, 324, 436, 307 r/w 34 I.P.C., later an offence punishable under section 302 IPC was included.2. Heard the learned Counsel for petitioner and the learned Government Pleader for the State and I have been taken through investigation records, which would reveal that deceased Ehagya and her husband Puttaswamy are residents of Chikka Ankanahalli village, Srirangapattana Taluk and Prasanna is their son. That, two days prior to 26.01.2010, the accused No.1 had sought for mobile phone of deceased through her son Prasanna. Accused No.l was tapping the door of the deceased during midnight. The deceased and her husband informed the matter to the elders of village. Accused No. 1 was not available to panchayat. Accused No.2 who is the paternal uncle of accused No. 1 and his son accused No.3 were annoyed with the panchayat held at the instance of deceased and her husband. On the dat...
Syed Azeezullah, S/O Late Syed Kareemullah and ors Vs. Mr.Syed Munaf A ...
Court: Karnataka
Decided on: Oct-28-2010
1. These two petitions are by tenants against the common order dated 4.9.2010 on the file of Judge, Court bf Small Causes (SCCH.6), Bangalore. HRRP.262/10 is directed against the order of eviction passed in HRC.62/08, while HRRp.263/10 is directed against the order of eviction in HRC.263/08. Along with the petitions, Misc. Cvl. Nos. 18621/10 and 13620/10 are filed seeking stay of the impugned order.2. Heard both sides. The petitions are admitted and taken up for final disposal by consent.3. Facts in brief are:z) Respondent initiated eviction proceedings against both the petitioners describing them as his tenants in respect of two portions of the schedule property. Petitioner in HRRP.262/10 is the tenant in a portion bearing No.6/8, 2nd Cross, Mohammed Hayath Street, N.R.Road, Bangalore, measuring 9' x 8'. Petitioner in HRRP.263/10 is the tenant in a portion bearing No.6/1, 2nd Cross, Mohammed Hayath Street, N.R.Road, Bangalore, measuring 10' x 7'. Both the tenants were paying Rs.600/- ...
Vijayakumar Sk-vrma S/O Premsagar Sharma and ors Vs. K.S.Honnaraju S/O ...
Court: Karnataka
Decided on: Oct-28-2010
1. This appeal by the claimants is directed against the impugned judgment and award dated 28.09.2005, passed in MVC No.263/2004 on the file of the Judge, Court of Small Causes & Addl. MACT, Mysore, (for short hereinafter referred to as the Tribunal).2. The Tribunal by its impugned judgment and award, has awarded 1,36,505/- with interest at 6% p.a.. as against ?9,73,000/- claimed by the appellants, on account of the death of the deceased Puneeth Kumar Sharma in the road traffic accident. The appellants claiming that the compensation awarded by the tribunal is insufficient have filed the instant appeal, seeking enhancement of compensation3. The brief facts of the case are as follows:- The appellants 1 and 2 are the parents of the deceased. They contended that the deceased was aged about 21 years studying in II year Diploma. He was hale and healthy prior to the accident. That, on 1.11.2004 at about 5.30 p.m. when the deceased was proceeding on his motor bike bearing No.KA09/EC 7253 from H...
New India Assurance Co. Ltd. and Sri. K.N. Subramanyam, S/O. Muninaray ...
Court: Karnataka
Decided on: Oct-28-2010
:1. These two appeals by the Insurer and the claimant are arising out of the 3arne judgment and award dated 09/10/2006 passed in MVC No. 18/2003 on the file of the Civil Judge(Sr.Dn) and Addl. Motor Accident Claims Tribunal, Chinthamani, (hereinafter referred to as 'Tribunal' for short).2. The Tribunal by its judgment and award, has awarded a sum of 2,17,600/- with interest at 6% p.a., from the date of petition till payment as against the claim made by the claimant for a sum of ?15,00.000/-, on account of the injuries sustained by him in the road traffic accident.3. In brief, the facts of the case are:The claimant was aged about 39 years, working as LIC agent and also doing agricultural work and getting the income of 15,000/- per month. He was hale and healthy prior to the accident. That at about 8.00 p.m., on 26.10.2007 the appellant along with his cousin was proceeding towards Kundalagurki village on a motor bike and when they came near Kappalli cross, at that time, a tempo bearing R...
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