Karnataka Court March 2010 Judgments

State of Karnataka by K.R. Traffic Police Vs. Kumayian S/O. Late Jote ...

Court: Karnataka

Reported in: ILR2010KAR3555

K.N. Keshavanarayana, J.1. This appeal filed under Section 378(1) and (3) of Cr.P.C. by the State is directed against the judgment and order dated 28.2.2007 passed by the I Additional C.J.M., Mysore in C.C. No. 1072/2005 acquitting the respondent - accused of the charges levelled against him for the offences punishable under Sections 279, 338 and 304-A of IPC.2. The respondent - accused was charge sheeted by the K.R. Traffic Police, Mysore for the aforesaid offences inter alia alleging that on 27.6.2005 at about 11.00 a.m. the accused while as driver of KSRTC bus bearing registration No. KA 09/F 2124 drove the said bus on Mysore - Manandavadi Road in a rash and negligent manner so as to endanger human life and near the NIE College, while over taking the bullock-cart going ahead of him dashed against a Fierro motor cycle bearing registration No. KA 09/3C.3978 driven by one Venkat along with PW.3-Ramachandra as pillion rider which came from the opposite direction and after dashing the mo...

Gmr Energy Limited a Company Incorporated Under the Provisions of Comp ...

Court: Karnataka

ORDERN. Kumar, J.1. In these Writ Petitions interesting questions relating to finer aspects of the National Policy on Power which finds statutory recognition and as reflected in the Electricity Act, 2003 and its ramifications, in so far as the obligation of the Government to encourage private sector participation, delicensing of generation and implementation of the concept of open access in transmission vis-a-vis its obligation to provide access to electricity to all areas including villages, hamlets and common man, do arise for consideration.2. In all these Writ Petitions the petitioners are challenging the Government Order dated 30.12.2008 passed by the State Government under Section 11 of the Electricity Act, 2003 (for short hereinafter referred to as 'the Act') directing them to operate and maintain generating stations owned by them and to supply the electricity produced to the State Grid. Though facts of each case are different as the challenge is to the same Government Order and ...

Raghavendrachari Vs. the State of Karnataka, by Range Forest Officer.

Court: Karnataka

Reported in: ILR2010KAR3382

1. This appeal is filed by the accused/appellant challenging the order of conviction passed against him by the Sessions Judge and Fast Track Court-I, Shimoga, in S.C.285/2006 convicting the appellant of the offence under Sec.87 of the Karnataka Forest Act, 1963, for short the Act and sentencing him to undergo simple imprisonment for 5 years and to pay a fine of Rs.50,000/- is. Default, to undergo Simple Imprisonment for one year.2. Heard Sri Dinesh Kumar, learned counsel for the appellant and Smt A.R.Sharadamba, learned Addl. Govt. Advocate for State and perused the records.3.1t is the case of the prosecution that on 12.3.2003 at about 11 p.m., the appellant was found transporting MOT sandal wood billets without any permit near forest check post, Sakerebylu in Shimoga district. When the forest officials found and checked him, he was not in a position to give any reply or reasonable explanation for his possession of sandai wood. Therefore, he was charged for the said offence.4. In order...

Reliable Cashew Company (P) Ltd. Represented by Its General Manager, K ...

Court: Karnataka

ORDERA.S. Bopanna, J.1. Smt. Nagashree, the learned Government Pleader to accept notice for toe respondents and file her memo of appearance within the period of four weeks.The petitioner is before this Court seeking for issue of writ in the nature of mandamus to direct the second respondent to dispose of the appeal filed on 6.1.2010 at Annexure-F. The petitioner has also sought for issue of a writ of certiorari to quash the reassessment orders which are impugned at Annexures-L, M and N.2. Though the petitioner has sought for a mandamus for disposal of the appeal which is pending, but while seeking the quashing of the orders at Annexures-L, M and N, have contended that the respondents-authorities were not justified in considering the shell and husk in respect of the cashew which has been sent for processing so as to include the value of the same for the purpose of assessment. With regard to die said contention, it is to be stated at the outset that the same need not be considered in thi...

Sri B.P. Siddappa S/O Late Appayyanaputtappa Vs. the State of Karnatak ...

Court: Karnataka

ORDERA.S. Bopanna, J.1. Though this petition is listed in 'orders' category, considering that the subject matter is covered by the earlier decisions of this Court, the petition is taken up for consideration and disposed of by this order.2. The facts which-are not in dispute are that the petitioner herein being an employee of the fifth respondent had attained the age of superannuation arid was relieved from service on 30.8.2008. However, at that stage, the age of retirement was enhanced from 58 years to 60 years. The only question was as to whether the said decision of the Government was to be made applicable to other Institutions which were governed by the State Government. The said position has now been settled by the Hon'ble Division Bench of this Court by its order dated 16.11.2009 passed in Writ. Appeal Nos. 3801-3804/2009 and connected appeals. In that view of the matter, the very same benefit is to be made applicable to the petitioner herein.3. In the result, this petition is all...

Sri. G. Gangadhar S/O. Guddaiah Vs. the Deputy Commissioner, Mysore an ...

Court: Karnataka

ORDERA.S. Bopanna, J.1. Sri. R. Devadas, learned Government Advocate to accept notice for respondents and file memo of appearance within a period of four weeks.2. The petitioner is before this Court seeking for issue of a writ of certiorari to quash the order dated 4-1-2010 which is impugned at Annexure-'A' to the petition.3. The petitioner, a CL-9 licence holder for the year 2009-2010, is carrying on the business in the name and style 'Quality Bar and Restaurant' at Premises No. 830/A, Link Road, T. Narasipura, Mysore. On the allegation that the petitioner had excess stock than what was indicated in the Account book, the licence was kept under suspension and further proceedings were ordered by the Deputy Commissioner. The same was done by order dated 4-1-2010 which is impugned at Annexure-'A'. The grievance of the petitioner is that, despite nearly four months having elapsed, there is no further progress in the case and the business of the petitioner is affected since the licence is k...

Sri Gangadhar S/O Subramanyachari Vs. the Deputy Commissioner and ors.

Court: Karnataka

ORDERA.S. Bopanna, J.1. The petitioner is calling in question the order dated 4.12.2009 which is impugned at Annexure-A to the petition. By the said order, the Deputy Commissioner has set aside the order passed by the Tahsildar (Annexure-E) dated 30.10.2007.2. Though contentions have been urged in this petition assailing the correctness of the order on the merits of the reasoning assigned therein. I am of the opinion that the same docs not arise for consideration at tins stage since this petition is to be disposed of only on the legal position in view of the observations made by this Court on 9.3.2010.3. In that background, a perusal of the papers would indicate that the parties herein were before this Court in W.P. No. 46112/2003. The said petition was disposed of on 3.4.2006 after considering the rival contentions. While disposing of the matter, this Court had remitted the matter to the Deputy Commissioner, Tumkur with a direction to hold an enquiry, secure the presence of the petiti...

Smt. Asha W/O Ragavendra K.L. Vs. K.L. Ragavendra S/O K.L. Lakshmancha ...

Court: Karnataka

ORDERH. Billappa, J.1. The petitioner has filed this petition under Section 24 of CPC. praying for transfer of M.C. No. 51/2009, which is pending on the file of the Family Court at Davanagere to the Court of I Addl. Civil Judge (Sr.Dn) at Chitradurga.2. It is stated in the petition, the marriage between the petitioner and the respondent was solemnized at Baramasagara in Chitradnrca District and the petitioner is staving at Bharamasagara with her parents. It is also stated, the petitioner had filed criminal case and it came be to be withdrawn. Further it is stated, the petitioner had filed Crl. Misc. No. 259/2008 and it was allowed and the respondent was directed to pay monthly maintenance at the rate of Rs. 2,000/- p.m. and the respondent has not paid it. It is also stated the petitioner has filed M.C. No. 36/2009 for restitution of conjugal rights and it is pending before the 1st Addl. Civil Judge (Sr.Dn) at Chitradurga and it is difficult for the petitioner to travel to Davanagere ev...

Sri Ramkumar S/O Sri Monohar, Vs. R. Vishnu S/O Ramaiah and Catholic S ...

Court: Karnataka

ORDERRavi Malimath, J.1. In the suit, by the 1st respondent seeking for a decree of declaration that the judgment and decree dated 30.06.1998 in O.A. No. 793/1995 is not binding on the plaintiff, the petitioners filed I.A. No. 8 under Order 6 Rule 17 of CPC for amendment of the written statement. The trial Court by the impugned order rejected the same. Hence the present petition.2. Sri. C. Vinay Swamy, learned Counsel appearing for the petitioner contends that the amendment sought for is required for the just and final adjudication of the suit. He contends that at the time of filing of the written statement, the documents with regard to the court proceedings and tax paid receipts from the past 30 years were not available. During the pendency of the suit proceedings, the petitioner got the custody of these documents. He further contends that by virtue of the documents, he can establish the fraud committed by the plaintiff to knock off the suit schedule property.3. Sri. M.S. Somasekar, l...

Riyaz Ahmed S/O. Wazer Ahmed Vs. the Sub Inspector of Police and Umme ...

Court: Karnataka

ORDERArali Nagaraj, J.1. The present petition is filed under Section 482 Cr.PC seeking quashing of the investigation in Crime No. 356/09 of Tumkur Rural PS which came to be registered, on the basis of the complaint, dated 3.11.2009 filed by one Smt. Umiya Salma, the wife of the present petitioner, for the offences under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act.2. Though this matter is listed today for admission, it is taken for final disposal by consent of the learned Counsel for the petitioner and the learned High Court Government Pleader. Their arguments on merits are heard.3. During the course of argument, the learned Government Pleader submits that the investigation is completed and chargesheet is submitted against the present petitioner for the said offences. He submits that the said chargesheet is dated 15.12.2009. Further, on careful reading of the averments in the said complaint, it could be seen that the complainant has specifically alleged therein that ...