Karnataka Court April 2010 Judgments
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Smt. Y.M. Shailaja, W/O M.S. Nagendra Vs. C. Ramanjaneya, S/O Chandrap ...
Court: Karnataka
Decided on: Apr-05-2010
ORDERB.S. Patil, J.1. In this writ petition, petitioner - judgment debtor - is challenging the order passed by the Executing Court dismissing the application filed under Section 28 of the Specific Relief Act, 1963 (for short, 'the Act').2. The application was filed by the judgment debtor-petitioner herein seeking to rescind the sale agreement dated 12.01.2004 on the ground that the decree holder had failed to deposit the balance sale consideration of Rs. 6,60,500/- within three months as directed while decreeing the suit. The said application was resisted contending that there was no bonafides on the part of the petitioner in filing the said application and that the same was filed with a malafide intention to protract the proceedings. It was also contended that the provisions of Section 28 of the Act could not be invoked in such circumstances.3. The case of the decree holder was that no such positive direction was issued against him in the judgment and decree passed on 24.02.2007 to de...
Sri. Rishab Mutha S/O. Naresh Kumar Mutha and ors. Vs. the State of Ka ...
Court: Karnataka
Decided on: Apr-05-2010
ORDERH.N. Nagamihan Das, J.1. In these writ petitions the petitioners have prayed for a writ in the nature of certiorari to quash the preliminary notification dated 08.04.2003 as per Annexure D and the final notification dated 09.09.2003 as per Annexure E.2. Petitioners contend that they are the allottees of sites under the scheme called Allotment of House Sites to the Families of Landless Workers in 'Rural Areas' pursuant to the Government direction dated 13.05.1972 as per Annexure A. According to the petitioners the sites allotted to them are in survey Nos. 38 and 39 of the Giddadakonenahalli, Yeshwanthapur hobli, Bangalore North taluk. According to the petitioners, they are in possession and enjoyment of these sites and some of them have put up constructions and they are residing with their families. When the matter stood at that stage, the respondents issued a preliminary notification as per Annexure D and final notification as per Annexure E acquiring the entire land in survey Nos...
Kadamma, W/O. C. Channaiah and ors. Vs. Gowramma, W/O. Late Thimmaiah ...
Court: Karnataka
Decided on: Apr-05-2010
ORDERThe appeal is allowed. The judgment and decree of the Lower Appellate Court in RA 11/2004 dated 26.05.2004 is set aside The matter is remitted back to the Appellate Court with a direction to get the records of the Trial Court and dispose of the appeal in accordance with law in the context of the observations made above. As the suit-is of the year 1988, the Lower Appellate Court shall make all endeavour to dispose of the appeal preferably by the end of August 2010. To avoid the delay, both the parties are directed to appear before the Lower Appellate Court on 24.04.2010. The Office is directed to send the records and the Paper books forthwith to the Lower Appellate Court....
indradanush Properties Pvt. Ltd. Rep. by Its Director G. Sridhar Vs. S ...
Court: Karnataka
Decided on: Apr-05-2010
K.N. Keshavanarayana, J.1. This appeal filed Under Section 378(4) of Cr.P.C. by the complainant is directed against the judgment and order dated 02.02.2009 passed by the XIX Additional CMM, Bangalore City, in CC No. 23377/2005 acquitting the respondent/accused of the offence for the offence punishable Under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'N.I. Act').2. The case of the appellant/complainant was that the accused purchased a flat constructed by the complainant at Chikkasandra Village, Yeshwanthpur Hobli, Bangalore North Taluk, and agreed to pay the balance amount and for payment of the balance amount, he issued the cheque bearing No. 18287 dated 19.03.2005 drawn on Ashok Nagar Co-operative Bank Ltd, for Rs. 19,060/- in favour of the complainant and when the said cheque was presented for encashment, the same was returned un-paid with the Banker's endorsement 'Funds Insufficient' and in spite of service of notice, the respondent/accused failed ...
Sterling Mac Hotels Pvt. Ltd. Rep. by Its Managing Director Vs. D.L. S ...
Court: Karnataka
Decided on: Apr-05-2010
V.G. Sabhahit, J.1. Heard the learned Sr. counsel for the appellant who is respondent No. 1 in W.P No. 8725/2007 and the learned senior counsel appearing for the writ petitioners-respondents in this appeal.2. Learned Counsel for the respondents has filed objection statement for application for interim order.3. W.P. No. 8725/2007 was filed by the first respondent herein for a direction to the Corporation to transfer katha in respect of the schedule property in the name of the members of the petitioners-respondents herein. By order dt. 08.06.2007 Emergent notice was ordered and interim stay of the katha in respect of Municipal No. 134 issued in favour of the 1st respondent Annexure 'H'. Thereafter by order dt. 15.3.2010 the learned Single Judge passed the order stating that the matter shall be treated as part heard and directed to post the matter on 18.3.2010 and on 18.3.2010 the following order is passed:Sri Vishwanath, learned Counsel for the Corporation submits that the Commissioner h...
Smt. M. Seetha, W/O. G. Krishna, Vs. Smt. Gowramma, W/O. Late M. Raman ...
Court: Karnataka
Decided on: Apr-05-2010
H. Billappa, J.1. The appellants and Sri A. Gajaraj, the respondent No. 4 who is also the power of attorney holder of respondents 1 to 3 and 5 to 8 and the learned Counsel for the parties are present before the Court. They have filed a joint memo which reads as under:The parties above named beg to state as follows:1. That the appellants above named has filed the above appeal challenging the Judgment and decree passed in OS. No. 2649/2008 dated 03.10.2009 on the file of the XIV Addl.City Civil Judge, Bangalore, directing the appellants to vacate and deliver vacant possession of the schedule property within three months and also directed the appellants to pay the damages at the rate of Rs. 800/- per month from the date of suit i.e., 09.04.2008 to the Respondents.2. It is submitted that the parties above named after due deliberation have decided to compromise the dispute under the following terms.a. The appellants have agreed to hand over the vacant possession of the schedule premises to ...
Y. Nisarga, Daughter of K.S. Yatheesh, Since Minor Represented by Her ...
Court: Karnataka
Decided on: Apr-05-2010
B. Sreenivase Gowda, J.1. This appeal is by the claimant for enhancement of compensation.2. For the sake of convenience parties are referred to as they are referred to in the claim petition before the Tribunal.3. Brief facts of the case are:That on 14.06.2006 when the claimant was going with her father in Yamaha motor cycle bearing registration No. KA.06K6526 to SJR School situated at Sadashivanagar, Tumkur a Scorpio car bearing registration No. KA04MC8018 came in a rash and negligent manner and dashed against their motor bike and the claimant sustained injuries. As the claimant was minor, the claim petition was filed through her father and natural guardian before the Addl. Civil Judge (Sr. Dn.) and MACT, Tumkur (Tribunal) seeking compensation of Rs. 5,00,000/-. The Tribunal after consideration of the oral and documentary evidence on record by the impugned judgment and award awarded her a compensation of Rs. 93,157/- with interest at 6% p.a. from the date of claim petition till realisa...
Sri Kumar S/O Chandregowda Vs. State of Karnataka Rep. by Rural Police
Court: Karnataka
Decided on: Apr-05-2010
ORDERArali Nagaraj, J.1. The petitioner herein who is summoned as Additional accused in Spl. (A) No. 5/2006. On the file of the learned Sessions Judge and Special Judge al Shivamogga by order dated 2.1.2010 passed on the application filed under Section 319 Cr.P.C. by the prosecution has challenged in tins petition filed under Section 482 Cr.P.C., the correctness of the said order.2. Though this matter is listed today for admission, having n regard 10 the nature of the relief sought for and the facts and circumstances of the case before the Trial Court, it is taken for final disposal and argument of Sri Manjunath Pattan Shetty the learned Counsel for the petitioner and Sri Vijay kumar Majage, the learned High Court Government Pleader are heard. Perused the Impugned Order, the charge framed against the accused therein, depositions of PWs. 1 & 2 and statements of charge sheet witnesses.3. The Trial Court has framed charge against accused Nos. 1 to 3 therein for the of offence punishable u...
Kumaraswamy Reddy S/O Bhaskar Reddy Vs. S. Govardhan S/O B.K. Satyanar ...
Court: Karnataka
Decided on: Apr-05-2010
Aravind Kumar, J.1. The respondent before the tribunal is in appeals before this Court questioning the correctness and legality of the common judgment and awards passed in MVC Nos. 3523/2006 and 3524/2006 dated 8.5.2007 whereunder the claim petitions came to be allowed in part.2. The facts in nut-shell are as follows:On 18.11.2005 at about 6.30 p.m. one Chandrashekar @ Shekar along with one Govardhan as pillion rider was proceeding on a motor cycle bearing registration No. KA-05-EY-1814 on chandapura-Bangalore Main Road towards Bangalore side and when the vehicle came near SKF U-Turn, it was contended that a road roller driven in a rash and negligent manner dashed from behind to the said motor cycle driven by Chandrashekar @ Shekar and he died at the spot and pillion rider Govardhan is said to have sustained multiple injuries. On account of death of Chandrashekar @ Shekar, his legal heirs namely father and mother filed a claim petition in MVC No. 3523/2006 Under Section 166 of IMV Act,...
Sri. A. Ganesh S/O Aruswamy Gounder Vs. the Deputy Commissioner,
Court: Karnataka
Decided on: Apr-05-2010
ORDERHuluvadi G. Ramesh, J.1. Learned HCGP is directed to take notice for respondents 1 to 3. Notice to 4th respondent is dispensed with.2. Petitioner has sought for a direction to set aside the order dated 15.2.2010 bearing No. Jeeneko. Misc.C.R. 285/09-10 passed by the 1st respondent vide Annexure-G.3. According to the petitioner, he had purchased the land bearing Sy. No. 40/3A2 of Babbur village, Hiriyur taluk, Chitradurga by virtue of sale deed dated 06.13.1978. During March, 2009, a survey was conducted and survey report was prepared stating that there is an encroachment by the petitioner in Sy. Nos. 39/1A1B, 39/1A2 and 39/1B of the above said village, in which a road passed through the petitioner's land. A notice in this regard was issued by the Chief Officer, Town Municipality, Hiriyur on 27.07.2009 stating that there is an encroachment to the extent of 1412, Sq.ft., by the petitioner and animated him for removal of encroachment and to be present on the spot on 4.8.2009 for nece...