Karnataka Court March 2010 Judgments

Santosh Krishna Kalgutkar and Vs. State of Karnataka Department of Min ...

Court: Karnataka

ORDERB.S. Patil, J.1. The grievance made by the petitioners in these writ petitions are similar. Therefore, they are clubbed, heard together and are disposed of by this common order.2. In W.P. No. 38007/2009. petitioner is carrying on sand quarrying operations in D.K. District. He had filed an application before respondent No. 3 - Deputy Director of Mines & Geology, Mangalore, seeking grant of quarrying permit for extraction of ordinary sand from Sy. No. 154-P1 of Aituru village, Puttur Taluk of Dakshina Kannada District. Respondent No. 3 granted quarrying permit vide order dated 27.10.2009 for a period of 90 days permitting him to extract and transport ordinary sand from the said land situated in Kumaradhara river bed. Royalty of Rs. 6,000/- has been collected from the petitioner. Quarrying permit issued is produced at Annexure-A. The quarrying permit granted was valid upto 26.01.2010.3. The grievance of the petitioner is that mineral dispatch permit to transport the extracted ordinar...

Sri. A.C. Anantha Swamy, S/O Late Patel Chikkahanumaiah Vs. the Commis ...

Court: Karnataka

ORDERRam Mohan Reddy, J.1. The petitioner claiming to be the absolute owner of land measuring 24 acres 37 guntas in Sy. No. 47 of Pantharapalya on being conferred occupancy rights pursuant to the order dated 17-10-1964 of the Special Deputy Commissioner for Inams, Bangalore under the Karnataka (Personnel and Miscellaneous) Inams Abolition Act, 1954, the Pattanagere Grama Panchayath, South Taluk, aggrieved by the said order preferred appeal No. 1806/1971. whence the Mysore Revenue Appellate Tribunal, by order dated 17-07-1971, set-aside the order of the Special Deputy Commissioner for Inams, against which the petitioner preferred W.P. No. 1814/1971 which when allowed by order dated 26-02-1974 the proceeding was remitted to the Revenue Appellate Tribunal for consideration afresh. It is stated that in the family settlement the land in question having fallen-to the petitioner's share, is in peaceful possession and enjoyment. The Revenue Appellate Tribunal, by order dated 21-04-1977, set-as...

Santosh Krishna Kalgutkar and ors Vs, State of Karnataka Department of ...

Court: Karnataka

Reported in: ILR2010KAR3422

1. The grievance made by the petitioners in these writ petitions are similar. Therefore, they are clubbed, heard together and are disposed of by this common order.2. In W.P. No. 38007/2009. petitioner is carrying on sand quarrying operations in D.K. District. He had filed an application before respondent No. 3 - Deputy Director of Mines & Geology, Mangalore, seeking grant of quarrying permit for extraction of ordinary sand from Sy. No. 154-P1 of Aituru village, Puttur Taluk of Dakshina Kannada District. Respondent No. 3 granted quarrying permit vide order dated 27.10.2009 for a period of 90 days permitting him to extract and transport ordinary sand from the said land situated in Kumaradhara river bed. Royalty of Rs. 6,000/- has been collected from the petitioner. Quarrying permit issued is produced at Annexure-A. The quarrying permit granted was valid up to 26.01.2010.3. The grievance of the petitioner is that mineral dispatch permit to transport the extracted ordinary sand is granted ...

Araliyappan S/O Velappan Vs. the National Insurance Co. Ltd. Rep. by I ...

Court: Karnataka

K.N. Keshavanarayana, J.1. As these two appeals, one by the claimant and the other by the owner of the offending vehicle are directed against the judgment and award dated 30.09.2004 passed by the Judge, Court of Small Causes and Additional Motor Accidents Claims Tribunal, Mysore, in MVC No. 46/2004, they were heard together and are being disposed of by this common judgment.2. The appellant in MFA No. 653/2005 is the claimant while the appellant in MFA No. 11149/2005 is the owner of the lorry bearing registration No.TAQ 8259.3. The claimant filed claim petition under Section 166 of the Motor Vehicles Act (for short 'M.V. Act') seeking compensation of Rs. 3,00,000/- for the personal injuries sustained by him in the Road Traffic Accident that occurred on 02.08.1995 at about 7.00 a.m., near Valmiki Road Junction, V.V. Mohalla-Vontikoppal, Mysore, as a result of the lorry bearing registration No. TAQ 8259 dashing the moped ridden by the claimant. According to the claimant, immediately after...

Sri. N. Sandeep, S/O. M. Narayan and ors. Vs. State of Karnataka by Ja ...

Court: Karnataka

ORDERA.N. Venugopala Gowda, J.1. 1st petitioner is the husband of respondent - 2, Respondent - 2 is the daughter of the sister of the 2nd petitioner. Marriage between the 1st petitioner and the 2nd respondent has-taken place on 2.10.2008. On account of some misunderstandings, basically between the parents of the 1st petitioner and the 2nd respondent, there were, difference of opinion with regard to the matrimonial home, wherein the 1st petitioner and 2nd respondent had to live. 2nd respondent filed a complaint on 10.10.2009 (Annexure-.1) against the petitioners making allegations of harassment, demand for dowry etc., The Jalahalli police, on receipt of the said complaint, have registered a case in Crime No. 220/2009. Seeking quashing of the said proceedings, this petition has been filed.2. The 1st petitioner and the 2nd respondent appeared before this Court. Learned counsel appearing for both parties submitted that, the differences between the 1st petitioner and the 2nd respondent have...

Union of India (Uoi), Represented by Its Secretary to Ministry of Info ...

Court: Karnataka

ORDERV. Gopala Gowda, J.The correctness of the order dated 5 5-2004 passed by the Central Administrative Tribunal. Bangalore, in Original Application Nos. 949/2003 and 235-236/2004 is questioned in this writ petition.2. The respondents herein are working as Sound Recordists in Doordarshan which is under Ministry of Information and Broadcasting Government of India. The Government of India brought Assured Career Progression Seheme (ACP Scheme) providing for upgradation of pay of Central Government civilian employees twice in service - one alter completion of 12 years and another after completion of 24 yeans of service. When the respondent claimed the said benefit, the same was turned down by the petitioners. They approached the Central Administrative Tribunal (herein after called as 'Tribunal') seeking a direction to the petitioners herein to extend the said benefit under the (ACP Scheme).The Tribunal, by the impugned order, allowed the applications and issued a direction to the petition...

Smt. R.P. Soumya Reddy W/O. R.P. Pratap Reddy Vs. the Deputy Commissio ...

Court: Karnataka

ORDERRam Mohan Reddy, J.1. One Ramaiah having a made an application to the Assistant Commissioner of Doddaballapura, was granted two acres of land in Sy. No. 36 of Samathenahalli. Aanugondanahalli Hobli. Hoskote Taluk, under an Official Memorandum dated 31.08.1978 for an upset price of Rs. 250/- per acre and being a person belonging to SC/ST. 75% of the amount was waived up to a maximum of Rs. 500/-, and the balance, to be recovered in three equal installment It appears that the grantee alienated the said land under a deed of conveyance in favour of the petitioner on 04.09.1995 for a valuable consideration, of Rs 1 90.000/- without the prior permission or sanction of the State Government under Sub-section (2) of Section 4 of the Karnataka Scheduled Castes And Schedule Tribes (Prohibition of Transfer of Certain Lands) Act 1978. The said Ramaiah petitioned the Assistant Commissioner invoking Sections 4 and 5 of the Act to declare as null and void the transaction of sale dated 04.09.1995 ...

Sri. T. Ramachandra Reddy @ Ramachandrappa S/O Sannathippaiah Vs. Sri. ...

Court: Karnataka

B.V. Nagarathna, J.1. Though this matter is posted for admission with the consent of learned counsel on both sides, it is heard finally.2. The defendant has preferred this appeal by challenging the Judgment and Decree passed in O.S. No. 1/2004 dated 13.6.2005 and R.A. No. 74/2005 passed on 31.10.2006.3. The relevant facts for the disposal of this appeal are that the respondent/plaintiff had filed original suit seeking recovery of a sum of Rs. 95,125/- with costs and interest at the rate of 2.3% p.m. from the date of suit till the date of realization from the defendant. The said suit was decreed in part to an extent of Rs. 50,000/- being the principal sum with interest at 12% p. a from the date of advance till the filing of the suit and at 6% p. a from the date of suit till realization. Being aggrieved by the Judgment and Decree, particularly with regard to the rate of interest, the plaintiff filed an appeal before the Additional District Judge, Chitradurga in Appeal No. 74/2005 The fir...

Sri. S.H. Manjunath and Others Vs. State of Karnataka, Rep. by Its Sec ...

Court: Karnataka

ORDER1. The subject matter of these writ petitions are the lands bearing Sy.No. 116/3 measuring 1 acre 31 guntas, Sy.No. 116/1 measuring 4 acre:-. Sy.No. 110/2 measuring 2 acres 8 guntas and Sy.No. 110/3 measuring 2 acres 1 guntas of Gabbur village, Kasaba Hobli, Shikaripur Taluk. Shimoga District. The petitioners are the owners of the said lands. The Commissioner, Karnataka Housing Board, Bangalore issued Annexure "J" notification dated 31.5.2007 under Section 4(1) of the Land Acquisition Act (for short "'he Act ) proposing to acquire the aforesaid lands along with certain other adjacent lands for the establishment of underground drainage system and sewage treatment plant for Shikaripura town. The petitioners tiled objections to the said notification. The Land Acquisition Officer has rejected the said objections. Thereafter, the Slate government has issued a declaration tinder Section 6( I) of the Act in respect of the petition schedule lands including another item of land measuring 2...

Selvi J. Jayalalithaa Vs. State Represented by the Superintendent of P ...

Court: Karnataka

ORDERK.N. Keshavanarayana, J.1. In this petition filed under Section 482 of Cr.P.C., the petitioner herein who has been arraigned as accused No. 1 in Special C.C. No. 208/2004 on the file of the XXXVI. Additional City Civil and Sessions Judge, Bangalore has sought for quashing the said criminal proceedings launched against her.2. The brief facts leading to the presentation of this petition are as under:(i) During 1991 to 1996. the petitioner herein was the Chief Minister of Tamilz Nadu. However during the general election held to the State Legislature Assembly of Tamil Nadu, in 1996, the party headed by the petitioner, namely AIADMK was defeated and DMK party was voted to power. Thereafter_ several criminal cases were registered against the petitioner herein and others for various offences said to have been committed by her during her tenure as Chief Minister of the State. One such case was Special C.C. No. 7/97. The State Government constituted Special Court for the trial of the cases...