Karnataka Court October 2010 Judgments
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State Bank of Mysore. Vs. M/S.Ashish Agencies and ors
Court: Karnataka
Decided on: Oct-26-2010
1. Appellant is the plaintiff before the court below being aggrieved by the judgment and decree dated 16-3-2004 made in CS.No.6880/1994 passed by the 29th Additional City Civil and Sessions Judge at Bangalore, preferred this regular first appeal.2. The plaintiff filed a suit in O.S.NO.6880/1994 for recovery of a sum of Rs.3.73.626/- along with the cut rent and future interest including the cost of suit against defendants 1 to 6 and also for a direction to sell the plaint schedule hypothecated movable for the realization of the suit amount.3. The brief facts of the case are as follows:The first respondent is a partnership Firm, respondents 2 to 6 are the partners of the first respondent-Firm. The first respondent-Firm is carrying on business in manufacturing Coir. The respondents approached the plaintiff-Bank for the financial assistance for their business. The defendants 2 to 6 on behalf of the first defendant-Firm availed cash-credit facility up to the limit of Rs. 1,00.000/- and over...
C.Chikkasiddaiah, S/O. Late Doddachannaiah and anr Vs. C.Siddaiah, S/O ...
Court: Karnataka
Decided on: Oct-26-2010
ORDER1. The petitioners have challenged the Order rejecting their explication filed under the provisions of Order 26 Rule 0 and 10(A) r/w. Section 151 CPC. The facts relevant for the purpose of this petition are as under:The petitioners instituted the suit bearing O.S. No.103/2003 against their brother-1st defendant and the purchaser of the property of the 1st defendant who is arrayed as the 2nd defendant in the suit. The copy of the plaint is produced at Annexure-"C. The suit property is the land bearing Sy. No.1/lOA, B-Pl dry land measuring 7 guntas assessed at 0.77 ps. with the boundaries mentioned therein. A sketch is also been produced and it reveals that the property held by Dodda Chennoiah, the porosities was partitioned in 3 aLrips in the east-west direction and the 1st respondent was given the strip on the southern side, and the propositus was granted the share on the northern side. The division amongst the parties vras towards east-west direction.It is claimad that the 1st re...
Mrs. Poornima Girish W/O Girish Vs. Revenue Department Govt. of Karnat ...
Court: Karnataka
Decided on: Oct-26-2010
ORDER1. Writ petitioner who is said to he the owner and in possession and enjoyment of the properly bearing site No.71, Mallathahalli Village, Yeshwanthpur Hobli. Bangalore North Taluk, has sought for quashing of the preliminary notification dated 8.4.2003 and final notification dated 9.9.2003 in terms of which the petitioner's land was sought to be acquired by the respondent - Bangalore Development Authority for the purpose of development of Sir M Visveshwaraiah Layout in the vicinity and has prayed for the following reliefs:"issue a writ of certiorari or any other appropriate writ or direction as the case may be insofar as the petitioner's lands are concerned and be pleased to quash:[i] The preliminary notification bearing No.BDA/A. U. V.A.L.A No.79/03-04 dt8/4/03 and published in the Gazette dL9.4.03 & issued by the Commissioner, BDA, Bangalore, which is marked as Annexure-K.[ii] Final notification bearing No.AE-749-B'lore-LAQ-2003 dt.9/9/03 and published in the Gazette dt. 10.9.03 ...
Shashidhar S P Vs. State of Karnataka
Court: Karnataka
Decided on: Oct-26-2010
ORDER1. This Criminal Petition is filed under Section 482 of Code of Criminal Procedure praying to quash the FIR/Investigation in Crime No.721/2009 of respondent-police pending on the file of VI ACMM, Bangalore.2. Learned counsel for the petitioner submits that he was arrested from the house and he was not present at the spot. Since he presented a petition before the Human Rights Commission, as a counter blast the Police have registered this case against the petitioner. The investigation officer has got ill-will against the accused and hence, this false case has been filed against the petitioner. Therefore, he seeks to quash the Crime.3. Learned High Court Government Pleader submits that the contents of FIR discloses that the petitioner was found on the spot on 16.8.2009 between 1.15 a.m. and 2.35 a.m. and he was caught red-handed and v Jeapon - long was seized from his possession. There is prima-facie case against the petitioner.4. I have perused the contents of the FIR, which disclos...
Sri. Mundappa Moolya, S/O. Late Venkappa Moolya Vs. State of KarnatakA ...
Court: Karnataka
Decided on: Oct-26-2010
ORDER1. Learned AGA Is directed to take notice for the respondents.2. The petitioner is In unauthorized occupation of the land bearing S.No.222/3C7 measuring 0.29 acres and 0.38 acre in S.No.223/3C8 of Santwal Muda Village. Bantwal Taluk. He submitted an application for regularization of his unauthorized occupation of his land. His statement was recorded as per Annexure-A and a mahazar was held by the Revenue Inspector as per Annexure-B, which reveals that the petiticner is in possession of the above said land. Thereafter, an enquiry was held and vide order dated 24.11.2006, the above said lands were granted by the Committee. The petitioner was directed to deposit an amount of Rs.814-00 towards the price for the grant and accordingly, he has deposited the amount with the State Bank of Mysore, a copy of the receipt has been produced at Annexure-E. The petitioner submitted an application dated 26.07.2010 as per Annexure-G to theTahsildar to enter his name in the records of the said lands...
State of Karnataka, Vs. Syed Nayaed. S/O Syed Taj Peer. and anr
Court: Karnataka
Decided on: Oct-26-2010
JUDGMSHT1. This appeal is fifed for the State challenging the judgment dated 23.09 2004 passed by the 10 Additional Sessions Judge, Bangalore in S.C.No.615/2003 acquitting the respondents of the offence under Sections 302 and 506 r/w Sec. 34 of IPC.2. It is the case of the prosecution that, in between 5th and 6TH of June 2003, accused Nos.1 and 2 have poured kerosene on the deceased by name Has math Begum on the pretext that the deceased had taken a loan of Rs.80,000/- from accused Nos.1 and 2 and the same was not returned to them, thereby, the accused have set fire to the deceased after pouring kerosene, which has resulted in her death, thereby they are alleged to have committed offence under Section 302 r/w Sec.34 IPC. It is further alleged that at the aforesaid place, date and rime, the accused have threatened CW-2 and CW-3 with the same act, thereby they are alleged to have committed offence under Section 506 r/w Sec.34 of IPC.3. The prosecution in order to prove the case has exami...
Afsar @ Kola Afsar S/O Wazir Sab Vs. State of Karnataka
Court: Karnataka
Decided on: Oct-26-2010
1. The petitioners are arrayed as accused Nos.1 and 2 in Crime No. 118/2010 for offences punishable under Sections 86 and 87 of the Karnataka Forest Act. 1963 and 379 of IPC.2. Heard learned Counsel for petitioners and learned Government Pleader for the State.3. The learned Government Pleader has filed objections and also produced documents such as copies of first information report and seizure mahazar. As per documents produced by learned Government Pleader; that on 29.8.2010 at about 8.30 a.m. petitioners were found in possession of sandalwood billets in all weighing 66 Kgs. near Link road. Manandavadi road junction. Mysore City. Petitioners had concealed sandalwood billets in a plastic bag and were transporting the same on Honda Activa motor cycle bearing Reg.No.KA-04 EM-1595.4. The learned Counsel for petitioners would submit that petitioners are innocent of offences alleged against them. The entire case is concocted against them. Therefore, they are entitled to bail.5. The learned...
Madhusudhana, S/O. Chandrashekara, Vs. Jagannath, S/O. Thimmegowda,
Court: Karnataka
Decided on: Oct-26-2010
1. This appeal is by the claimant seeking enhancement of compensation.2. Heard. The appeal is admitted and with the consent of learned Counsel appearing for the parties it is taken up for final disposal.3. For the sake of convenience parties are referred to as they are referred to in the claim petition.4. Brief facts of the case are:That on 21.11.2004 when the claimant was going on his motorcycle bearing registration No.KA-13-L.8617 towards Hassan city near Halasinahalli, a canter bearing registration No. KA 13-1219 came from opposite direction in a rash and negligent manner and dashed against the motorcycle due to the impact the claimant sustained grievous injuries. Hence he Sled a claim petition before MACT, Hassan seeking compensation of 7.3.00,000/- and the Tribunal has awarded compensation of Rs.1,11.000/- with interest at 60/0 p.a.5. As there is no dispute regarding occurrence of the accident, negligence and liability of the Insurer of the offending vehicle the only point that re...
Smt. Shakunthalamma W/O. KiddappA. Vs. Sri. B. Chandraiah, S/O. Baddap ...
Court: Karnataka
Decided on: Oct-26-2010
1. This appeal is by the complainant assailing the order of acquittal of the respondent - accused dated 25.3.2008 passed by the Addl. JMFC, KGF, in CC No.463/2002, for the offence punishable under Section 138 of the Negotiable Instruments Act ('MI Act' for short).2. According to the complainant, in the month of June 2000, accused had borrowed a sum of Rs.3 lakhs for the purpose of improvement of sericulture and to put up poultry {arm in his land end agreed to return the said amount within four months along with monthly interest at 1.5%. On demand by the complainant, the accused agreed to settle the amount by September 2000 and issued a cheque for Rs.3.00,000)/- drawn on Canara Bank. Robertsonpet Branch. KGF, and when the cheque was presented to the Bank, the same came to be dishonored for insufficient funds. After service of notice, the accused though replied, did not pay any amount. Hence, a case came to be filed. The Trial Court, after enquiry, dismissed the complaint, stating that c...
Suit Pankaja Thaman, Vs. Sri T Ramesh
Court: Karnataka
Decided on: Oct-26-2010
1. Appeal is by the complainant assailing the order of the Fast Track Court IV, Bangalore in Crl.A 1358/2007 dismissing the complaint and acquitting the accused.According to the complainant, she had lent a loan of Rs. 1,50,000/- to her sister's husband who is none other than the accused herein during February 2006 Towards discharge of the same, the accused had given a cheque for Rs. 1,50.000/- dated 2.5.2006 drawn on Canara Bank. Girinagar Branch. The same was dishonored on presentation for 'insufficient funds'/payment slopped by the drawer. After causing legal notice, since the amount was not paid, case came to be filed The trial court after inquiry, held the accused guilty of the offence and ordered to pay Rs.2 lakhs out of which, Rs. 1,50,000/- was to be paid to the complainant and Rs.50.000/- to the State. In the appeal preferred by the accused, the appellate court reversed the finding of the trial court. Hence, this appeal.Heard the counsel representing the parties.According lo th...
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