Karnataka Court November 2010 Judgments
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K.S.ParameshwarappA. S/O K.H.S.Ningappa Vs. R.Rudrappa, S/O Anappa,
Court: Karnataka
Decided on: Nov-22-2010
1. This appeal is by the complainant challenging the order of Prl. Civil Judge (Jr.Dn.) & JMFC, Kadur, in C.C.No.794/2002 dated 9.8.2007, and in dismissing the complaint filed by the complainant for the offence punishable under Section 138 of the Negotiable Instruments Act and acquitting the accused.2. According to the complainant, accused is said to have borrowed a sum of Rs.30,000/- from the complainant having agreed to repay the same within one month. Thereafter, instead of repaying the same, he issued a cheque drawn on Corporation Bank, Yagati branch, which on presentation, came to be returned as 'account closed'. Accordingly, after issuance of legal notice for non-payment, the complaint came to be filed. The trial Court, after enquiry, has dismissed the complaint on the ground that the complainant has failed to establish that the cheque was issued towards a legally enforceable debt.3. Heard4. In the case of Rangappa v. Mohan reported in AIR 2010 SC 1898 the Apex Court has held tha...
Sri Vinay Gupta S/O Vijay Gupta Vs. Sri K Venkatesh @ Venkateshaiah
Court: Karnataka
Decided on: Nov-22-2010
1. Appeal is by the complainant assailing the order of the Fast Track Court VI, Bangalore in Crl.A 748/2007 on 13.10.2009.2. According to the complainant, the accused is a known person to him and had borrowed a sum of Rs.5 lakhs during October 2003 to meet out his financial commitments. Having promised to pay back within three weeks, the accused had issued a cheque dated 28.1.2004 drawn on Central Bank, Kamalanagar Branch, Bangalore. On presentation, the cheque was returned with an endorsement 'insufficient funds'. After issuing legal notice, since the registered post sent was returned as 'left, not claimed', complaint came to be filed. However, the accused also appeared before the trial court subsequent to service of summons. Thereafter, learned Magistrate after holding inquiry, while not accepting the contention of the accused that the cheque was lost and considering the case of the accused that he had not borrowed the money, however accepting the contention of the complainant that a...
Sri ThimmappagowdA. S/O Late Velapurigowda, and ors. Vs. the Deputy Co ...
Court: Karnataka
Decided on: Nov-22-2010
1. Petitioners are calling in question the order dated 17.02.2009 passed by the Deputy Commissioner, Hassan District. Hassan, vide Arinexure-E. 2. By the said order, the Deputy Commissioner exercising his inherent powers under Section 25 of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act', for short), has withdrawn his earlier order dated 23.12.2002 and has confirmed (he order dated 26.03.2003 passed by the Assistant Commissioner. He has further directed cancellation of mutation entry No. 12/2007-08. The Tahsildar has beendirected to enter the name of respondent No.5 here hi in the record of rights.3. The dispute started when the mutation entry bearing No.29/87-88 was approved by the Tahsildar. Hassan, entering the name of Puttegowda S/o Velapurigowda - respondent No.4 herein as khatheda: in respect of land bearing Sy. No.399/3 measuring 16 gunlas situated at Hassan village. Hassan Taluk. This mutation vv;;s eutectic upon the death of the father of Puttegowda ...
Smt. Ehaghyamma Wife of Late Papachar and Sri Ramakrishna Son of Lale ...
Court: Karnataka
Decided on: Nov-19-2010
ORDER1. This contempt petition is filed by the complainants alleging that the accused has committed willful disobedience of the order dated 02.07.2007 passed in the Writ Petition No. 10247/2007.2. By the said order, the learned Single Judge of this Court had directed the accused to consider the representation died 05.08.2005 (at Annexure-E to the writ petition) and comply with the direction issued by the Assistant Commissioner, Bangalore North Subdivision, Bangalore (at Annexure-D to the writ petition), within the outer limit of eight weeks.3. The case of the complainants is that the order dated 02.07.2007 containing the said direction had been served on the accused on 07.07.2007. The complainants contend that the Assistant Commissioner had directed the accused to restore the khatha in the name of the complainants, in respect of their respective lands and in spite of the direction of this Court in W.P.No. 10247/2007, the accused has not implemented the order of the Assistant Commission...
M/S. Shriram Transport Finance Co. Ltd. Vs. Sri.Kareem, S/O Ismail
Court: Karnataka
Decided on: Nov-19-2010
1. This appeal is by the complainant assailing the order passed by the V JMFC. Mangalore, O.K.. In C.C.No.591/2006 dated 22.8.2008, in acquitting the accused and dismissing the complaint.2. According to die complainant, the accused having entered into hire purchase agreement with the complainant in respect of vehicle bearing No.KA-20-3906, towards discharge of the said loan, had issued a cheque for Rs. 1.40.000/- drawn on Federal Bank Ltd., Kodialbail, Mangalore, which on presentation, came to be dishonored as "account closed'. Accordingly, after issuance of legal notice, for non-payment, the complaint came to be filed. The trial Court, after enquiry, has taken note of the contention of the accused and certain of the documents produced on his behalf to the effect that the complainant-company at the time of entering into hypothecation agreement had obtained blank cheques from the accused towards security and the same has been misused by filling up exorbitant amount. Further, taking into...
M/S Ramya Housing Limited Vs. Sri R.Amrith and ors.
Court: Karnataka
Decided on: Nov-19-2010
ORDER1. This application is filed against the respondents to punish them for the offence committed under Section 454(5) of the Companies Act, 1956 (for short "the Act') for not filing the statement of affairs.2. It is not in dispute that respondent No. 1 died on 02.11.2004 and respondent No. 3 died on 17.06.2008. Therefore the petition insofar as it relates to respondent Nos. 1 and 3 is liable to be dismissed as abated.3. Admittedly respondent No. 2 was the Vice-Chairman of the Company in liquidation. This Court vide order dated 10.02.1999 appointed a provisional liquidator in Co.P. No. 80/1996. Thereafter on 30.09.2002 winding up order came to be passed. Subsequent to the appointment of provisional liquidator, he called upon the respondents to file statement of affairs as per notice dated 28.05.1999 - Ex.P.2. Since the respondents failed to comply the demand made in Ex.P.2, the Official Liquidator has filed the present petition under Section 454(5) and (5A) of the Act. After service o...
Khaleel S/O Babu Sab Vs. the State of Karnataka
Court: Karnataka
Decided on: Nov-19-2010
1. This appeal by the accused challenging the order of the in charge Add! Sessions Judge, Chitradurga in Special Case (I.E.) No.46/2004 dated 2.4.2007.2. According to the prosecution, on 2.12.2003 at 12.00 Noon, the Assistant Executive Engineer along with the Vigilance squad of BESCOM, inspected the Cycle shop of the accused and found that unauthorized power connection was taken to the welding transformer directly from the LT line. By drawing mahazar in the presence of pencil witnesses, PW-1 seized the wire illegally connected to the LT line to draw power to the welding transformer and lodged a case in Crime No.651/2003 for the offence punishable under Section 135 of the Electricity Act, 2003. The Police Inspector of BESCOM, after investigation Sled the charge sheet. The accused pleaded not guilty and claimed to be tried. The prosecution in all examined sis witnesses and marked three documents and one Material Object namely eight meter wire. After hearing both sides, the Special Court ...
Smt Imambi, 70 Yrs W/O Late Dastagir Sab and ors. Vs. Smt Khatumbi W/O ...
Court: Karnataka
Decided on: Nov-19-2010
1. Delay of four years in seeking for recalling the order of dismissal for non-prosecution is recalled. Matter is taken on Board.2. Appeal is against the order for the Addl. District Judge, Chikmagalui in RA 4/2001 on 30.6.2005. Appellants herein are the defendants and the respondent is the plaintiff before the trial court in a suit filed for declaration and partition. The property in Sy.Nos. 30 and 31/2 totally measuring about 4.22 acres situate at Ramapura Village, Tarikere Taluk, is said to have been purchased during November 1977 and it is a joint purchase. According to the plaintiff, agricultural operation was jointly carried out and they used to share the crops. Thereafter, according to the plaintiff, after the death of Dastgir Sab, after 4 or 5 years, the defendants have changed iheir attitude and also there used to be frequent quarrel between the plaintiff and the defendants. Further, the defendants taking advantage of the fact that the plaintiff and her husband were residing a...
Venkatesha S/O Siddalingappa and ors Vs. the State of KarnatakA. and o ...
Court: Karnataka
Decided on: Nov-19-2010
ORDER1. The petitioners have called into question Karnataka Panchayaf Raj (Amendment) Ordinance 2010 (Karnataka Ordinance No.3/2010) insofar as it imposes 50% ceiling on reservation for persons belonging to Scheduled Castes and Scheduled Tribes and Backward Classes (S.Cs, S.Ts and B.Cs respectively).2. Sri Ravivarma Kumar, the learned Senior Counsel appearing on behalf of the petitioners submits that the cause of social justice would suffer if the upper ceiling of 50% reservation in favour of S.Cs, S.Ts and B.Cs is imposed, as is being done by the impugned Ordinance. He brings to my notice, the provisions contained in Article 243-D(l) and (6) of the Constitution of India. They are extracted herein below:"243-D. Reservation cf seats.- (l) Seats shall be reserved for -a) The Scheduled Castes; andb) The Scheduled Tribes,in every Panchayat and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in...
Official Liquidator of M/S. Southern Green Fields Ltd Vs. Sri V.Sreedh ...
Court: Karnataka
Decided on: Nov-19-2010
ORDER1. The Official Liquidator has filed this application under Section 543(1) of the Companies Act against the respondents to declare that respondents are jointly and severally liable to pay in all a sum of .441.54 lakhs with interest.2. Respondents are the Directors of the Company in liquidation. On 27.8.1999 this Court passed an order of winding up of the company in liquidation in Co.P. 107/1999. Subsequently, the respondents filed statement of affairs. The Chartered Accountants examined the statement of affairs filed by the respondents with reference to the books of accounts of the company and submitted a report on 17 8.2004 as per EK.P1. In this report it is stated that as per the investigation; carried out, the respondent - Directors are accountable to the extent of .441.54 lakhs under the following heads:PARTICULARS In Lakhs1. As per Para 18 Reg: loans & Advances (Dt'bts expired under Limitation Act,)31.282. As per Para 2C(A) Reg: Depositors/Scheme holders 211.60 3. As per Para...
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