Karnataka Court March 2010 Judgments

E.L. Bethel Church Represented by Senior Pastor, R. Bhagavathi Rao S/O ...

Court: Karnataka

ORDERAjit J. Gunjal, J.1. The petitioner is a Church. A senior Pastor of the Church purchased the subject matter of the property from one Smt. Krishnamma on 14.12.2000. It appears, some elements tried to demolish the compound of the Church. It appears, a complaint is lodged on 14.02.2009 bringing to the knowledge of the jurisdictional police about this incident. Copy of the complaint is to be found at Annexure-D. Surprisingly enough, respondent No. 3 does not register a complaint. But however, only gives an endorsement. Since no action is taken for over a period of one year from the date of the lodging of the complaint, the petitioner is before this Court.2. Apparently, whenever a complaint is lodged alleging certain criminal acts, it is the bounden duty of the jurisdictional police to register the case and investigate the matter. Indeed, for every inaction of the police, the complainant cannot be compelled to approach this Court under Article 226 of the Constitution of India and seek ...

M.S. Venu S/O Late M.V. Subrahmanian Vs. the State of Karnataka by the ...

Court: Karnataka

ORDERArali Nagaraj, J.1. Though this matter is listed today for admission, it is taken for final disposal by the consent of Sri. Fahad M Ali, the learned Counsel for the petitioner-accused and Sri. Vijaykumar Majage, the learned High Court Government Pleader. The petitioner herein who is the only accused in FIR No. 39/2010 of Chamarajpet Police Station, Bangalore, which is pending on the file of the learned I Additional Chief Metropolitan Magistrate, Bangalore, has sought for quashing of the investigation in the said case.2. The said FIR came to be issued against the present petitioner for the offences punishable under Sections 420, 417, 465, 471, 467 of IPC and also under Sections 74, 67 & 67A of Information Technology Act, 2000. The said crime came to be registered for the said offences on the basis of the complaint filed by 3rd respondent herein, namely. Sri. P. Achuthan Kutty resident of Chamrajpet, Bangalore.3. Learned Counsel for the petitioner-accused contends that this petition...

Syed Abdulla Nadeem @ Syed Abdulla S/O Syed Kareem, Vs. the State of K ...

Court: Karnataka

B.V. Pinto, J.1. Order dated 01.02.2010 passed by the learned Single Judge of this Court in Writ Petition Nos. 2924-2961/2010 holding that petitioner are required to file Criminal Petition under Section 482 Cr.P.C to seek quashing of all the proceedings, the appellant have filed this appeal. We have heard the learned Counsel for the appellants and the learned Additional Government Advocate.2. It is seen that criminal case has been filed against the appellants in crime No. 283/2009 under Sections 143, 147, 148, 114, 332, 341, 353, 307, 153(A) r/w 149 IPC of Narasimharaja police station of Mysore City.3. Appellants have sought for quashing the said FIR in the Writ Petition on various grounds. The proceedings which are commenced from registration of FIR will be the subject matter of criminal proceedings before the Criminal Court can be challenged in a petition under Section 482 of Cr.P.C. No doubt, the petition under Article 226 of the Constitution of India challenging such proceedings is...

The Chairman-cum-managing Director, Iti Limited Vs. Sri Venugopalan (L ...

Court: Karnataka

B.S. Patil, J.1. These two writ appeals arise out of the common judgment dated 03.09.2003 passed by the learned Single Judge in a batch of writ petitions. W.A. No. 6812/2003 is filed by the Indian Telephone Industries Limited, Bangalore (hereinafter referred to as ITI, for short), whereas W.A. No. 2024/2004 is filed by the employees of ITI.2. ITI is a public sector undertaking of the Central Government established during the year 1948 which is functioning under the administrative control of the Union Ministry of Communications and Information Technology. It is a company registered under the Mysore Companies Act, 1938. It has seven manufacturing units located at different parts of the country. Three of its units are located in Uttar Pradesh, Two in Karnataka, and One each in Kerala and Jammu & Kashmir. The company was initially producing electromechanical products i.e., strowger and crossbar telephone exchanges. It gradually switched over to manufacture of state of art electronic teleco...

B. Ramesh S/O Anantha Bhatta and Sri. Koushik S/O B. Ramesh Rep. by Hi ...

Court: Karnataka

ORDERRavi Malimath, J.1. At the request of both Counsels, the matter is taken up for final disposal.2. Seeking to execute the judgment and decree dated 30.07.2003 passed by the City Civil Judge, Bangalore in O.S. No. 6062/1998, the respondents filed FDP No. 107/2003. During the pendency of the FDP proceedings, an application under Section 2 and 3 of the Partition Act was filed by the plaintiff seeking to appoint a Commissioner to visit the property mentioned therein to draw a sketch indicating the measurements, etc., to find out the feasibility of a partition. The Executing Court by the impugned order allowed the said application. Aggrieved by the same, the present petition is filed.3. Sri. B.M. Halaswamy, learned Counsel appearing for the petitioner contends that the impugned order is bad in law and liable to be set aside. He contends that the marking of the property is opposed to law. Hence, the impugned order is erroneous. He contends that there cannot be a partition of a dwelling h...

M.K. Balakrishnan S/O A. Govindan, Vs. Government of Karnataka Represe ...

Court: Karnataka

ORDERB.S. Patil, J.1. The grievance made by the petitioners in these writ petitions are in relation to the Bangalore Turf Club property and an alternative land granted in favour of the Club and seeking relief of protection of horses. Therefore, they are clubbed, heard together and are disposed of by this common order by consent of the learned Counsel for the parties.2. Petitioner - Bangalore Turb Club in W.P. No. 30663/2009 is a company registered under the provisions of the Companies Act, 1956. It is running a race club in the properties originally bearing Sy. Nos. 40 to 45, 46 & 47 of Mallenahalli and now-bearing Municipal Nos. 52, 52A and 51B of Division No. 44, Race Course Road, Bangalore. In this writ petition, petitioner-Club is challenging the action of the State Government in trying to evict it from the premises and is seeking various reliefs including a writ in the nature of declaration to declare that the grant made vide Government Order dated 07.05.1915 Annexure-F is an abso...

Sri. S.M. Muniyappa S/O. Muniyappa Vs. Smt. Papamma W/O Late Muniswama ...

Court: Karnataka

H. Billappa, J.1. This appeal, by the defendant is directed against the judgement and decree, dated 18.9.2000, passed by the XXII Additional City Civil and Sessions Judge, Bangalore, in O.S. No. 4193/1994.2. By the impugned judgement and decree, the Trial Court has decreed the suit of the plaintiffs, granting 1/2 share in the suit schedule property.3. Aggrieved by that the appellant-defendant has filed this appeal.4. In brief, the facts are: The respondents-plaintiffs filed suit for declaration, partition and separate possession. According to them, the first plaintiff is tin wife of Muniswamaiah and the 2nd respondent is the son of 1st plaintiff and plaintiffs 3 and 4 are the sons of Muniswamaiah through his first, wife Venkatamma. The appellant defendant is the brother of Muniswamaiah. Kunta Muniyappa had two wives namely Smt. Thirumalakka and Smt. Lakshmakka. Muniswamy is the son of Kunta Muniyappa through first wife. The defendant is the son of Kunta Muniyappa through second wife. T...

Smt. Nirmala W/O Late C.P. Mallikarjuna Vs. the Secretary, Karnataka S ...

Court: Karnataka

ORDERAjit J. Gunjal, J.1. Mr. N.B. Vishwanath, learned Additional Government Advocate accepts notice for respondents.2. Even though the matter is listed for preliminary hearing, with consent, it, is taken up for final disposal.3. The petitioner's husband one C.P. Mallikarjuna and one Veeresh were friends. Veeresh had taken a loan of Rs. 3,25,000/- from the husband of the petitioner and in lieu of the said loan, had issued a cheque for an equal amount. The husband of the petitioner died on 24.09.2004. It appears, the petitioner requested Veeresh to repay the said loan amount. But however, he did not choose to respond to her request. Hence, a legal notice was issued to him. Even then, the amount was not paid. It appears, the petitioner has filed a suit on the file of Civil Judge (Sr.Dn.), Chitradurga for recovery of the said amount. The claim of the petitioner is that she is a widow, poor and a helpless lady. She has absolutely no source of income to pay the Court fee. Hence she requeste...

M.K.Balakrishnan, S/O A.Govindan and ors Vs. the State Government of K ...

Court: Karnataka

Reported in: ILR2010KAR4091

ORDER1. The grievance made by the petitioners in these will petitions are in relation to the Bangalore Turf Club property and an alternative land granted In favour of the Club and seeking relief of protection of horses. Therefore, they are clubbed, heard together and are disposed of by this common order by consent of the learned Counsel for the parties.2. Petitioner - Bangalore Turb Club in W.P.No.30663/2009 is a company registered under the provisions of the Companies Act. 1956. It is running a race club in the properties originally bearing Sy. Nos.40 to 45. 46 & 47 of Mallenahalli and now bearing Municipal Nos.52. 52A and 51B of Division No.44. Race Course Road, Bangalore. In this writ petition. petitioner-Club is challenging the action of the State Government in trying to evict it from the premises and is seeking various reliefs including a writ in the nature of declaration to declare that the grant made vide Government Order dated 07.05.1915 Annexure-F is an absolute grant covered ...

Oriental Insurance Company Limited by Its Regional Office Represented ...

Court: Karnataka

K.N. Keshavanarayana, J.1. Though this appeal has been listed for orders regarding acceptance of service of notice on respondent No. 2 - the owner of the offending vehicle, taken out by way of paper publication, having regard to short ground urged in this appeal, by the consent of the learned Counsel for the appellant as well as the respondents-claimants, the matter was heard on merits.2. In this appeal by the insurer, questioning the legality and correctness of the judgment and award dated 28.6.2005 passed by the MACT, Bangalore (SCCH-7) in MVC. No. 3424/2006, the appellant has urged two grounds viz., (1) as on the date of the accident, the registration of the offending vehicle was not in force and therefore, the life time policy issued till the cancellation of the registration had automatically come to an end and therefore as on the date of the accident there was no valid policy in force as such the Tribunal is in error in foisting the liability to satisfy the award on the insurer of...