Karnataka Court October 2010 Judgments

Omkaramma W/O Thimmanna Vs. S V Venkateshappa and anr

Court: Karnataka

ORDER1. One Sri S.V. Venkateshappa has filed O.S.264/05 on the file of Civil Judge (Jr. Dn.), Hosaaurga, against the petitioner and the 2nd respondent seeking declaration and injunctive reliefs. Plaintiff passed away on 26.11.0?. I.A.7 was filed by the 1st respondent under 0 22 R 3 CPC to permit him to prosecute the suit as legal representative of the plaintiff. The petitioner filed statement of objections dated 29.3.10. Trial Court has allowed I.A.7 and permitted the applicant to come on record as legal representative of the deceased plaintiff. Questioning the said order, the 1st defendant has presented this writ petition.2. Sri D.R. Nagaraja, learned advocate appearing for the petitioner contends that the deceased plaintiff his sons and daughters, who are Class-I heirs and the 1st respondent ueing the grand son and not a legal heir, onsides, the deceased plaintiff having had no absolute right to execute any document in respect of the suit property, the alleged gift deed and will havi...

Mr.Srinivasa Miyala, Vs. Sri.Joseph.N

Court: Karnataka

1. This appeal is by the complainant assailing the order passed by the Addl. Civil Judge (Sr.Dn.) & JMFC, Puttur in C.C.No. 1474/2004, by order dated 02.05.2008.2. According to the complainant, the accused had borrowed a sum of Rs. 1,40,000/- from the complainant and towards repayment o: the loan, issued a cheque on 26.05.2003 for the said amount which, when presented for encashment, came to be dishonored as 'account closed". Subsequently, on 28.5.2003 he issued a legal notice, which came to be returned as not claimed'. Thereafter, complaint came to be fded. The trial Court, after enquiry, has dismissed the complaint. Hence, this appeal3. Heard.4. So tar as issuance of notice is concerned, according to the complainant, it has been returned with a shara 'as not claimed', as such, there is deemed service of notice. Further, according to him, the receipts produced at bxs.Dl to D4 by the accused are in connection with the earlier transaction when he was running finance company. Even the ev...

Sri Rajendra H.C. S/O. Late H.M.Channabasappa Vs. Sri C.R.Shiva Kumar, ...

Court: Karnataka

ORDER1. Respondent 1 & 2/plaintiffs, have instituted O.S.No.6914/2005 in the City Civil Court, Bangalore, against the petitione1- & respondent No.3/defendants, seeker specific performance of an agreement of sale dated 28,03.1980 and consequential reliefs. Written statement dated 24.11.2005 was filed by the petitioner an J the suit claim has been opposed. Issues were framed and trial of the suit has commenced. 1st plaintiff filed I.A.No.3 on 23.06.2008 under Order 6 Rule 17 CPC seeking permission of the court to amend the plaint, to incorporate the proposed pleading and substitution of prayer (ii). Statement of objections was filed by the petitioner on 31.07.2008 and the prayer was opposed. Trial court has allowed I.A.No.3 by its order dated 22.01.2010. Defendant No.1 has questioned the said order by filing this writ petition.2. Sri B.R.Viswanath, learned counsel appearing for the petitioner. firstly contended that, the proviso appended to Rule 17 of Order 6 CPC is attracted and hence, ...

Mr.Karkal Mansoor Ali S/O.Late K.Abdul Rahiman. Vs. Sri L.C.Nagaraja t ...

Court: Karnataka

1. The Deputy Commissioner, Bangalore Rural District, is present in Court in person. He states, the entire exercise is complete and that an effective opportunity of hearing is afforded to all the affected parties. He further states that he would require about two weeks time so as to enable him to pass a final order.2.In view of the statement made by the learned counsel for the respondents as has been noticed in the foregoing paragraph, we are satisfied, that it would be just and appropriate, to dispose of the present contempt petition, with a direction to the Deputy Commissioner, Bangalore Rural District to pass a final order within four weeks from today. A copy of the aforesaid order shall be communicated to the complainant-petitioner through his counsel, within the time stipulated hereinabove.3. Disposed of in the aforesaid terms....

Mahadevamma, 40 Yrs W/O Nagaraja K M. Vs. Ramu 47 Years.

Court: Karnataka

1. Appeal is against the order of acquittal passed by the 1 Add! Civil Judge And JMFC, Mysore in CC 676/2009 on 7.6.20102. In connection with dishonour of the cheque issued by the accused for insufficient funds, complaint came to be filed before the JMFC, Mysore. It is alleged, accused had borrowed a sum of Rs. 17,000/- about 1 1/2 year back and failed to pay the same when the legal notice is issued. Hence, the complaint. The trial) court after inquiry, holding that the complainant filed to establish that she had lent loan of Rs. 17,000/-to the accused at any point of time and that there is no legally enforceable debt, dismissed the complaint.3. Heard the counsel representing the parties. According to the appellant's counsel, the accused has borrowed the amount and the signature on the cheque is not in dispute. After having borrowed the money and having issued the cheque, the accused has taken a different stand. Per contra, counsel representing the accused submitted, accused had borrow...

Sri. Gopala Krishna Belur, Aged About 48 Years, and ors. Vs. Sri. B.S. ...

Court: Karnataka

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B.R.Ramesh, S/O Rainananda, Aged About 61 Years, Vs. the Station House ...

Court: Karnataka

1. Heard both sides in respect of the petition filed by A-3, who is one of the accused, against whom a ease has been registered by the Udayagiri Police in Crime No. 144/2010 for the offence punishable under Section '20(B)(1) of the N.D.P.S. Act.2. The submission of the petitioner's counsel is that the other two accused i.e., A-1 and A-2, have been released on bail by this court in Crl.P.Nos.3910 and 3809/2010 and, therefore, the petitioner, whose name is not found in the PJ..R. also be granteci a similar relief.3. On the other hand, the learned Government Pleader for the respondent-State opposed grant of bail having regard to the nature of the offence alleged.4. Taking note of the above submissions and this court, in trie aforementioned criminal petitions, having granted bail to the other two accused persons involved in the same case, 1 am of the view that this petitioner can also he granted bail on the ground of parity as lie stands on the same footing as that of the other two accused...

Dinesh Kumar . R Aged About 46 Years. Vs. State by the Station House O ...

Court: Karnataka

1. The petitioner seeks anticipatory bail in respect of the case registered against him by the Jayanagar Police in Crime No.435/2100 in respect of the offences punishable under Sections 420 and 506 of I P.C.2. The complaint allegations in short are that the petitioner is said to have received money from the complainant by promising him of earning more money out of the land business in which the petitioner is engaged and on thus pretext the petitioner is said to have received Ra.1.07 crores from the complainant and issued him fakes kind documents and also the bank cheque, but the complainant did not receive the money back. Apart from this, in respect of the activities in which the, petitioner is engaged, namely, cheating the very innocent people of their money, the enquiry was ordered against the petitioner by the State and based on the aforesaid complaint materials the case was registered against the petitioner.3. Though the learned counsel for the petitioner argues that in respect of ...

A.G. Mohan Velu, S/O Late Govindaswamy, Aged About 38 Years. Vs. Kamal ...

Court: Karnataka

1. The instant contempt petition came to be filed on account of non compliance o the order dated 19.1.2009, passed by this Court in HERP No. 292/2008.2. A perusal of the aforesaid order reveals, that the claim raised before this Court at the hands to the accused/respondent came to be declined, whereupon a direction was issued to the accused/respondent to vacate and deliver vacant possession of the premises to the complainant/petitioner by 31.7.2010.3. Since the aforesaid directions issued by this Court on 19.1.209, had not been complied with, the instant contempt petition came to be filed by the complainant/petitioner.4. The accused/respondent is present in Court in person and has handed over the key of the shop premises bearing No. 54/1, Nehru Road, Kammanahalli. Bangalore to the complainant/petitioner. He has also handed over a sum of Rs.2, 500/- (Rupees two thousand five hundred only] towards rent payable by him for the month of -July 2010. With the handing over of possession as als...

Ganga Kaveri Institute of Science and Management Vs. University of Ban ...

Court: Karnataka

Reported in: ILR2010KAR4744

ORDER1. The petitioner is an educational institution imparting education in different disciplines such as B.Sc in Bio Technology. Biochemistry. Microbiology. Genetics. Computer Science, Journalism, Business Management, etc.. and several post graduate courses in different disciplines. it is the case of the petitioner that it had made an application to the University of Bangalore for grant of affiliation to two new courses, Viz. Master of International Business (MIB) and Master of Finance and Accounting (MFA) and for renewal of existing courses he accordance with Section 59 of the Karnataka State Universities \ct. 2000 (for short 'the Act'). It is contended that the application was placed before the Syndicate, in accordance with sub-clause (6) of Section 59. which in turn directed a local enquiry to be made by the Local Enquiry Committee (for short 'LIC'). In furtherance thereof, the LIC carried out the inspection and submitted its report to the Academic Council. Taking note of the LIC r...