Karnataka Court July 2010 Judgments

Official Liquidator of M/S.Alpha Precision Components Pvt.Ltd., Vs. Ra ...

Court: Karnataka

ORDER1.During the pendency of this application, respondents have filed statement of affairs. Further, the respondents have also clarified the queries raised by the petitioner.2.All that the learned counsel for the Official Liquidator submits is that there isdelay in filing the statement of affairs and furnishing reply to the queries.3.Having regard to the facts and circumstances, delay in filing the statement of affairs and furnishing reply to the queries is hereby condoned.4.In view of this development, the prayers in the application dc not survive for consideration....

The State of Karnataka by the Range Forest Officer. Vs. Rit Esh Maraka ...

Court: Karnataka

ORDER1.The learned Government Pleader submits that against the impugned Order, revision has to be filed. In the circumstances, he is permitted to convert this Criminal Appeal into a Criminal Revision Petition. The Office is directed to take appropriate steps for conversion. This appeal is accordingly disposed of....

Sri. Shivappa Reddy Vs. Sri C.K. Jagannath.

Court: Karnataka

Reported in: ILR2010KAR4242.

1. The appellant has challangad the acquittal of the respondent for the charge under section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act' for short) on a trial held by the JMFC, Anekal.2. The facts relevant for the purpose of this appeal are as under:Both the parties are residents of the same village and are known to each ether. The appellant who is the Complainant in the Trial court submitted a Complaint stating that the accused borrowed a hand loan of Rs. 1,20,000/- agreeing to repay the amount within three months and as such, the complainant paid the amount of Rs.1,20,000/- in the month of saptamber 2003 and on the vary same day, the accused issued a cheque bearing No.078259-550015068 drawn on Canara Bank, Chandapur Branch, Anekal Taluk dated 2.12.2003 towards repayment of the loan advanced. Accordingly, the complainant presented the cheque for encashment on 2.12.2003 and it returned with an endorsement of ^insufficient funds'. The accused on enquiry r...

Siraj Hasan Saheb @ Siraj S/O Hasan Saheb @ Monu Aged About 35 Years. ...

Court: Karnataka

ORDER1.Learned counsel for the petitioner has sought for quashing of the proceedings in C.C.No.23351 /2009 on the file of the X Addl. Chief Metropolitan Magistrate, Bangalore.2.A case was registered by Indiranagar police, in Crime No.272/2009 on 11.7.2009 for the offence punishable under Sections 143, 448, 323, 427. 307, 506 r/w 149 of the IPC, further r/w Section 25 of the Arms Act.3.Petitioner is accused No.2 in the said case. On investigation police has filed the charge sheet. Learned counsel for the petitioner submits that, out of 34 witnesses examined, not one witness states the overt act or involvement by this petitioner except the telephone call and no such telephone call or the material is adduced by the prosecution. Entire material collected by the Investigating Office does not make out any case against this petitioner.4. It is not possible for this Court to go into the statements of each of the witnesses. It is appropriate for the petitioner to seek discharge before the learn...

Jayasheela Stores and Others Vs. the State of Karnataka

Court: Karnataka

Reported in: ILR2010KAR4154

ORDER1. The validity of the Circular dated 28.1.2010 issued by respondents 4 and 5 vide Annexure-F is questioned in these writ petitions.2. Petitioners submit that they are the owners of private boo!, depots. Selling the books is the principal trade and that is the source of their livelihood. Upto the last academic year, the petitioners and similarly situated certain owners of the book depots were given a permission/licence to sell the textbooks, printed and published by the State Government for Standards I to X. Under the impugned circular, the petitioners and similarly placed persons are prohibited from distributing/selling the textbooks prescribed by the State Government for Standards I to X. According to the petitioners, imposition of such prohibition through the impugned circular issued by respondents 4 to 5 is without any source of power and without authority of law. They further contended that the decision as spelled out in the circular infringes Articles 19(l)(g) and 21 of the ...

B.V.Seetaram S/O Late Venkataraman Aged About 54years, Satish N.Vaidya ...

Court: Karnataka

O R D E R1.Petitioners have calico! in question (he proceedings in Crime No.242/2009 registered by Bajpe police, Dakshina Kannada District, on 26.12.2009 for the offence punishable under Section 3(3)(8)(10)(11) of SC/ST (Prevention of Atrocities) Act. 1989 (hereinafter referred 10 as 'the Act').2, Complainant one Bharathi, a post woman alleged that, an article published in Kannada Daily Newspaper called Karavali Ale on 25.12.2009 revealed that, the complainant and one Duggappa were found in seminude position and they were earlier also found in obscene dress, the public had warned them and the complainant and the said Duggappa alleging that they are going to marry each other, used to have sex within the public view. Complainant alleges that, the said publication reduced her image, reputation in the Society. Public arc looking it in a suspicious manner, people point a finger on her, those who came to the post office, they talk very loose about her and look her in a suspicions manner. Thi...

Sri. T.V.Srinivasa Murthy, S/O T.S.Venkatesh Murthy Aged About. 33 Yea ...

Court: Karnataka

ORDER1.Though time was granted on 9.6.2010 for compliance With the office objections, so far they are not complied, however, in the interest of justice, ease is considered on merit.2. Petitioner has called in quest ion the proceedings in C.C.No. 100/2010 on the file of the JMFC, at Srinivaspura, Kolar District.3.Respondent complainant has filed a private complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act, interalia alleging that, the petitioner was due of Rs.20 lakhs and has issued post dated cheque bearing No.993933 in favour of the complainant for Rs.20 lakhs on 22.10.2009. On presentation of the said cheque, it was dishonoured. Legal notice was issued. Despite that, payments were not made. 4.Before the learned Magistrate the complainant sworn statement was recorded. Documents CI to C7 were produced. The learned Magistrate perusing the documents, sworn statement found that, there is prima facie ease to proceed against...

Probir Kumar Sen S/O Aran Kumar Sen Aged About 50 Years, Vs. State by ...

Court: Karnataka

1.The appellant was arrayed as accused no. 2 in Spl. Case No. 127/1993 on the file of 21rt Addl. City Civil and Special Judge for CBI at Bongalore.2. Accused 1 and % were tried for offences punishable under Sections 420, 468, 471 r/w Section 120-B IPC. The accused no. 1 was also tried for offences punishable under Section 5(20) r/w S.5(l)(d) of the Prevention of Corruption Act, 1947. Accused no. 1 was acquitted of the aforesaid offences. However, accused no. 2 was convicted for offences punishable under Sections 420, 468, 471 IPC and he was sentenced to undergo imprisonment for a period of 3 years and to pay a fine of Rs.50,000/- with default sentence on each count Therefore, he has filed this appeal.3.I have heard Sri. B. Anand, learned Counsel for accused no.2 and Sri. Prasanna Kumar, learned Counsel for the CBI. 4.The case of the prosecution in brief is as follows:During the year 3935 accused no.2 was the Manager and a Director of M/s- .Janapriya Finance and Industrial Investments (...

Smt. Rajamma @ Savitramma and Others Vs. the Deputy Commissioner, Bang ...

Court: Karnataka

Reported in: ILR2010KAR4194

ORDER1. I lean the learned counsel tor the petitioners ar.il the respondents.2. The facts of the case leading up to this writ petition are as follows.The petitioners are all elected councilors of the City Municipal Council. Dodda ballapur. It consists of 31 elected councilors. The petitioners belong to the Congress (I) party, which has 12 elected members in the body, including these 8 petitioners. Respondent no.3 herein was the President of the council. when a requisition was submitted by 22 Councilors, including the petitioners, seeking the convening of a meeting to consider a no confidence motion against respondent no.3, as per the requisition dated 23-6-2009. This was promptly challenged by the said respondent, immediately after receiving a notice of a meeting proposed in this regard, from the Deputy Commissioner.This court on hearing the writ petition had allowed the same by its order dated 19-6-2009. Again on 13.7.2009. 23 councilors, including the petitioners submitted a requisit...

Pradyumna S. Harish Vs. the State by Jayanagar Police Station and Anot ...

Court: Karnataka

Reported in: ILR2010KAR4217.

ORDER1. Petitioner has sought for quashing of the proceedings in P.C.R.No.20012/2010 dated 20th May 2010 and the F.I.R. in Crime No.272/2010 registered on 1.6.20i0.2. Respondent No.2 filed a private complaint under Section 200 of Cr.P.C. imerclia alleging that, the accused has committed an offence punishable under Sections 312, 325, 354, 362, 376, 415, 419, 420 and 493 of IPC.3. Learned Magistrate considering the nature of allegation in the complaint found it necessary to refer the matter to the jurisdictional Police for investigation under Section 156 sub-section (3) of Cr.P.C. On reference. Police has registered the case in Crime No.272/2010 for the offences punishable under Sections 312, 325, 354, 362, 376, 415, 419, 420 and 493 of IPC. The matter is still under investigation. At this stage, this petition has been filed..4. Sri.Gurumath, learned Counsel appearing for the petitioner submitted that, the complainant had filed a complaint in Crl.Misc.No. 1607/2009 before the II Addl.C.M...