Karnataka Court January 2011 Judgments
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Smt.S.Shanthi W/O Srinivas. Vs. the Commissioner Bangalore Development ...
Court: Karnataka
Decided on: Jan-25-2011
1. Though the matter is listed for orders, with consent of learned counsel appearing on both sides, the matter is taken up for final disposal.2. In this writ petition, the petitioner has sought a direction to the respondents to consider the representation dated 14/7/2010, which is produced at Annexure 'A' arid to execute a registered sale deed in favour of the petitioner in respect of Site No.757, VIII Block, Further Extension of Sir M.Vishvcshwaraiah nagar. a layout formed by the respondent Bangalore Development Authority (BDA) and to hand over possession of the said site measuring 6x9 meters.3. It is the case of the petitioner that the petitioner was allotted the aforesaid site by allotment letter dated 6/2/2004 and subsequently, he has paid the entire sale consideration amount of Rs.49.000/ on 25/1/2005. which amount has been accepted by the respondent. Thereafter, respondent by endorsement dated 29/5/2007 intimated that the allotment of the said site to the petitioner has been canc...
K.R. Chamayya S/O Rukmayya GowdA. Vs. Union of India Represented by It ...
Court: Karnataka
Decided on: Jan-25-2011
1. Petitioner joined the Government service as Munsiff in the year 1959. He was appointed as Secretary to Government of Karnataka, Department of Law and Parliamentary Affairs in the year 1981. He was appointed as Member of the Karnataka Administrative Tribunal in the year 1986 and he assumed the office as a Member of the said Tribunal on 6.10.1986 after taking voluntary retirement from State's service. Thereafter, he worked as Vice Chairman in Karnataka Administrative Tribunal from 21.3.1991 to 7.1.1995. He retired from service with effect from 7.1.1995. Thus, it is clear that the petitioner has served the Karnataka Administrative Tribunal initially as a Member for about 4 years 5 months and thereafter as a Vice-Chairman for a period of about 3 years 9 months. In all, the petitioner has served the said institution for 8 years and 3 months.2. This writ petition is filed for a direction to the respondent to fix and pay the pension to the petitioner for his services under Para 2(a) of Par...
K Madhusudhan S/O. KunhiramA. Vs. Smt. Neetha M Bhandary W/O Manjunath ...
Court: Karnataka
Decided on: Jan-25-2011
1. The rejection of the defendant's IA-3 under Section 148 and 151 CPC in O.S.60/2008 by order dt. 12.1.2009 Annexure A of the Addl. Civil Judge (Sr.Dn), Mangalore, is called in question in this petition.2. Petitioner when arraigned as defendant in O.S.60/2008 instituted by the respondent for specific performance of an agreement of sale of immovable property being a residential apartment, was served with suit summons on 12.6.2008 and despite extending time, did not file the written statement within the time stipulated in the CPC and therefore, on 21.10.2008 filed IA-3 under Section 148 and 151 CPC to condone the delay in filing the written statement. That application was opposed by filing statement of objections. The court below keeping in mind the fact that there was a delay of 5 months 1.3 days in filing the application seeking permission to take on record the written statement, and as the petitioner has failed to establish by producing material evidence over the alleged ill health, ...
M/S Pioneer Embroideries Ltd. Vs. Superintendent of Police Bangalore R ...
Court: Karnataka
Decided on: Jan-25-2011
1. In this writ petition, the petitioner has sought for a direction to the respondents to give police protection to the officials, staff and workmen of the petitioner-Company and also the officials of ING Vysya Bank to shift and transport the materials from the factory premises situated at No.7. KIADB Industrial Area II Phase. Jigani. Anekal Taluk, Bangalore District.2. The petitioner has contended that it is a public limited company incorporated under the Companies Act having its registered office at No. 101-B. Abhishek Premises, Dalia Industrial Estate. Andheri, Bombay. The factory at Plot No.7. Jigani Industrial Area, Anekal Taluk. Bangalore District. The petitioner had entered into a MOU on 14-9-2004 with a Company by name M/s. Royal Embroideries Private Limited and thereafter, a petition for sanction of the scheme for amalgamation was also filed. The scheme was accepted and amalgamation has been ordered. After the said order, the petitioner has paid the necessary stamp duty and al...
R M V Enclave Residents Association, and ors. Vs. the State of Karnata ...
Court: Karnataka
Decided on: Jan-25-2011
1. The petitioners, through the instant writ petition filed by way of Public Interest Litigation assailed the order dated 13.1.2010 whereby, the State Government. whilst, revoking" the preliminary notification dated 3.1.1977 and the final notification dated 2.8.1978 directed the withdrawal of acquisition proceedings initiated by it. 2. Memo dated 25.1.20! J has been filed at the hands of the learned Advocate General in Court today. The aforesaid memo Is taken on record subject to all just exceptions. Enclosed with the memo, is the extract of the true English translation of notification dated 27.12.2010 vide which, the impugned notification dated 13.1.2010 has been withdrawn.3. Learned counsel for Respondent No.2 Bangalore Development. Authority acknowledges, that the denotifled land is reserved for a park and for civic amenity as per the modified layout plan dated 13.10.2009. 4. In the aforesaid view of the matter, the denotified land shall be developed as a park and civic amenity site...
M/S. Godrej Sara Lee Ltd, by Its General Manager Vs. State of Karnatak ...
Court: Karnataka
Decided on: Jan-25-2011
(Prayer: Petitions are filed under Art.226/227 of the Constitution praying to quash annexure B dated 10.3.2010, by the Commissioner of Commercial Taxes conferring jurisdiction on Dy. Commr. Of Comml. Taxes (Enforcement) 1 to pass assessment / reassessment orders under the VAT Act, 2003, etc.) Petitioner, a manufacturer of pesticides, is challenging the amendment brought in to the III Schedule of Entry 23 of the Karnataka Value Added Tax Act, 2003 during 2008 permitting imposition of tax on insecticides that are used other than for agricultural purposes at 12.50% in stead of at 4%. According to the petitioner, he is a manufacturer of pesticides / insecticides. The order issued by the Commissioner of Commercial Taxes conferring jurisdiction on the Deputy Commissioner of Commercial Taxes (Enforcement) 1, South Zone for passing of assessment / reassessment order in the case of the petitioner under S.39(1) of the VAT Act for the tax period from August 2008 to March 2009 and April 2009 to Ja...
Vahannappa Ningappa Boli and Others Vs. Mahalingappa Mahadevappa Boli ...
Court: Karnataka Dharwad
Decided on: Jan-25-2011
Abdul Nazeer, J. This appeal is directed against the judgment and decree in R.A.No.39/2002 dated 22.12.2009 on the file of the Fast Track Court-II, Dharwad, whereby the judgment and decree in O.S.No.80/1977 dated 25.9.2002 on the file of the Additional Civil Judge (Sr.Dn.) at Hubli has been set aside. The appellants were the defendants in the suit and the respondents were the plaintiffs. For the sake of convenience, the parties are referred to by their respective ranking before the Trial Court. 2. The plaintiffs filed the above suit for partition and separate possession of the suit schedule property. The genealogical tree of the family is as under: Neelappa Havalappa Boli (Dead)Ningappa (Dead) Basavanneppa &nb...
Shaik Sharaff UddIn and Others Vs. Abdul Karim S/O Sheikh Khalanadar S ...
Court: Karnataka
Decided on: Jan-25-2011
(This RFA is filed under 96 of CPC against an office objection was raised reg: production of certified copy of judgment in respect of which final decree was drawn up against which the present appeal is filed.) This appeal is directed against the judgment and decree passed by the court of the City Civil Judge, Bangalore in O.S. No. 7136/2009 insofar as it relates to ‘A’ schedule property. 2. The facts of the case in brief are that the appellants claim to have purchased the sites from Sued Makthiar Pasha, the general power of attorney holder of one Smt. Vazira Bi and her children. The said Smt. Vazira bi and her daughter, Razia Bi, it is claimed, got the properties in question by virtue of a registered will, dated 29/5/1981 executed by Sri Shaik Kaladar Sab. The appellants claim to have built the houses on their respective sites. They claim to have been paying the property tax to the local bodies. 3. At the other end of the spectrum, the respondent no.1 filed O.S. No.534/2002...
Sanwarmal JaIn and Another Vs. the Special Deputy Commissioner and Oth ...
Court: Karnataka
Decided on: Jan-25-2011
(Prayer: This writ petition is filed under Article 226 and 227 of Constitution of India praying to quash of India praying to quash order passed by Respondent No.2 dated 8.8.2008 Annexure-E pending disposal of the appeal filed by the petitioner vide K.SC/ST Appeal No.110/2008-09 dated 29.10.2008 in respect of the land bearing Sy.No.97,New No.192, measuring 2 acres, situated at Bukkasagara Village, Jigani Hobli, Anekal Taluk.) 1. Writ petitioner claims to be a person who has purchased an extent of 2 acres of land in Survey No.97, New No.192 of Bukkasagara Village, Jigani Hobli, Anekal Taluk, Bangalore Rural District, under a sale deed dated 14.9.1998 said to have been executed by one Savithramma wife of Muniyappa. 2. It appears that said Muniyappa in turn had purchased the land from one Chinnapa, the 5th respondent herein under sale transaction dated 14.8.1976. 3. The said Chinnappa in fact had purchased this very land from 4th respondent by name Muniyappa Bovi under sale transaction dat...
Babu Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-25-2011
This appeal has been filed challenging the judgment dated 18.6.2004 passed by the Fast Track Court-VI, Bangalore City in S.C.No.450/2003 convicting the appellant for the offence under Section 307, IPC and sentencing him to suffer R.I. for a period of 3 years and to pay a fine of Rs.2,000/-, in default to suffer S.I. for a period of 3 months. 2. It is the case of the prosecution that, on 3.4.2003 at about 7.15 p.m. within the jurisdiction of Madivala Police Station, Bangalore City, in front of the house of the accused in Siddartha Colony, the accused is alleged to have assaulted the injured Soma by means of a knife with such intention as to cause his death, thereby accused is charged for having committed an offence under Section 307, IPC. 3. In order to prove the case, the prosecution has examined in all 11 witnesses and got marked Exs.P1 to P6 and produced MOs.1 to 5. The defence of the accused is one of total denial. However, after hearing the prosecution and the defence, the learned ...
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