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Karnataka Court January 2011 Judgments

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Jan 21 2011

Prakash K S/O Kunhikannan. Vs. District Magistrate/Deputy Commissioner ...

Court: Karnataka

Decided on: Jan-21-2011

1. Learned Additional Government Advocate is directed to take notice for the respondent.2. Orders dated 17.09.2002 and 21.05.2003 passed by the District Magistrate/Deputy Commissioner, D.K. Mangalore, thereby directing the petitioner to stop the publication of Kannada weekly "South Canara Crime Vartne' and the daily-newspaper "Vijayakirana' are called in question in this writ petition.3. The petition averments would reveal that at the time when the impugned orders were passed, the petitioner was himself intending to close down the two newspapers and hence he did not choose to challenge the impugned orders passed in the years 2002 & 2003. However, a complaint came to be made on 09.09.2009 by one Rohini before the District Magistrate requesting to close the down another newspaper 'Jayakirana' which the petitioner has been running. It is further urged in the petition that in the said complaint, it was alleged that the petitioner was ordered to close down the two newspapers on account of c...


Jan 21 2011

Sri.Praveer Bhat. S/O Purushotham Bhat. Vs. Krishna Nalka S/O Babhanna ...

Court: Karnataka

Decided on: Jan-21-2011

1. This is a claimant's appeal for enhancement of compensation.2. 1 have heard Sri K.A.Ariga. learned counsel for claimant and Sri Prasanna V.R., learned counsel for respondents 1 & 2.3. It is established from medical records and evidence of PW2-Dr.Shyamasundar Bhat.N that claimant had suffered fracture of shaft of right femur and right tibial spine avulsion fracture.4. The claimant was treated in Kasturba Hospital at Manipal the claimant was an inpatient from 05.07.2006 to28.07.2006. He underwent t operation for reduction of fractures. On subsequent examination. PVV2 has stated that claimant has restricted movements of right knee joint and right hip joint and power of right upper limb is reduced. PW2 has assessed permanent physical disability of 5% with reference to whole body. The claimant was aged about 23 years at. the time of accident. The claimant was a priest.by occupation.5. The Tribunal has awarded compensation of Rs. 1,19.350/- under following heads:-1. Pain and Suffering:Rs....


Jan 21 2011

Smt Rathnamma W/O Sri Shivaswamy, and ors. Vs. State of Karnataka Rep ...

Court: Karnataka

Decided on: Jan-21-2011

1. Writ petitioners are six in number. Petitioners 1 and 2 constitute one set as legal heir of one Smt. Shivamma who it is said had purchased an extent of one acre of land in Sy. No. 16 of Heggadigere Village, Nuggehalli Hobli. Channarayapatna Taluk, Hassan District, from one Nanjabhovi as per sale deed dated 6.8.1975 executed by said Nanjabhovi.2. Likewise, third petitioner claims to be son of one liangamma who ii is claimed had purchased an extent of two acres of land in the very survey number as per sale transaction dated 4.31.1971 executed by the very Nanjabhovi.3. Petitioners 4 and 5 constitute one set of petitioners being sons of one Rangegowda who it is claimed, had purchased all extent of one acre, in the very survey number on the same day from very Nanjabhovi.4. Sixth petitioner had himself purchased one acre of land on the same day from the very Nanjabhovi and in the very Nanjabhovi.5. The subject laud constitutes part of an extent of 8 acres of land which had been leased in ...


Jan 21 2011

Sri Om Shakthi Recreation Association. Vs. the Commissioner of Police. ...

Court: Karnataka

Decided on: Jan-21-2011

1. Learned Additional Government Advocate is directed to take notice for the respondents.2. In this writ petition, petitioner 's reeking a direction to the respondents not lo meddle or intervene in the recreation activities of the petitioner-Association.3. The ease of the petitioner is that it is an association duly registered under the provisions of the Karnataka Societies Registration Act, 1960 with the object of providing recreation facilities to its nu tubers. The petitioner-Association, it is urged in the writ petition, is conducting social and entertainment activities and also outdoor games and that it is not involved in any illegal activities'. It is the further contention of the petitioner that for carrying out these activities, the petitioner is not required to obtain any license from the respondents, much less as required under Section 31 of the Karnataka Police Act. However the respondents have been insisting the petitioner to obtain license and are also interfering with the...


Jan 21 2011

K.Swaminatha, S/O Kaliyannan. Vs. the Karnataka Slate Transport Author ...

Court: Karnataka

Decided on: Jan-21-2011

1. In these petitions, petitioner is seeking for a writ of certiorari to quash the order dated 27.10.2009 passed by the Karnataka State Transport Appellate Tribunal in R.P.No.856/06 and 908/2006 at Annexure 'A" and for grant such other reliefs.2. As per the events, a joint survey has been conducted by the competent authority in the presence of the representatives of KSRTC and ethers on 7.9.2006 and by a resolution of the 1st respondent, it was decided to grant stage carriage permit to the petitioner. Being aggrieved by the said resolution, revision petitions were filed by the 2nd respondent-KSRTC and the 3rd respondent. Ultimately, impugned order came to be passed by the Tribunal allowing the revision and setting aside the permit granted to the petitioner by order dated 27.10.2009. Hence, these petitions.3. According to the petitioner, the 1st respondent-KSTA has ensured that joint survey is conducted as per the direction of this Court in die case of KSRTC v. Pauli Govis reported in IL...


Jan 21 2011

Sripad Katte S/O Late Pathnakar Katte, and ors. Vs. the State of Karna ...

Court: Karnataka

Decided on: Jan-21-2011

1. The Managing Director, Karnataka Renewable Energy Development Corporation Ltd., (hereinafter referred to as 'Corporation'), through a communication dated 30.8.2007 recommended the allotment of a 4 mega watt mini hydroelectric project across Varahi River in favour of M/s Mysore Mercantile Company Ltd.,2. Based on the afore stated recommendation, the State Government, on 13.2.2007 resolved to allot and for the project under reference, to M/s Mysore Mercantile Company Lid. In order to satisfy the aforesaid objective the State Government issued a notification dated 19.5.2009 ordering the allotment of aforesaid project in favour of M/s. Mysore Mercantile Company Ltd...3. Thereafter, a preliminary notification was issued under section 28 and section 3(1) of Karnataka Industrial Area Development Board Act, 1966 on 6.7.2010, wherein, the public purpose depicted for the aforesaid proposed acquisition was, that the land in question was being acquired for M/s Mysore Mercantile Company Ltd.. so...


Jan 21 2011

P.Rathinarn, S/O Ponnuswamy. Vs. the Karnataka State Transport Authori ...

Court: Karnataka

Decided on: Jan-21-2011

1. In these petitions, petitioner is seeking for a writ of certiorari to quash the order dated 27.10.2009 passed by the Karnataka State Transport Appellate Tribunal in R.P.Nos.714/2007 and 1499/2007 at Annexure 'A and for grant such other reliefs.2. As per the events, a joint survey has been conducted by the competent authority in the presence of the representatives of KSRTC and others on 7.9.2006 and by a resolution of the Is' respondent, it was decided to grant stage carriage permit to the petitioner. Being aggrieved by the said resolution, revision petitions were filed by the 2nd respondent-KSRTC and the 3rd respondent. Ultimately, impugned order came to be passed by the Tribunal allowing the revision and setting aside the permit granted to the petitioner by order dated 27.10.2009. Hence, these petitions.3. According to the petitioner, the Is' respondent-KSTA has ensured that joint sat vey is conducted as per the direction of this Court in the case of KSRTC v. Pauli Govis reported i...


Jan 21 2011

R.Srinivas. S/O. A.K.Raju. Vs. the Karnataka State Transport Authority ...

Court: Karnataka

Decided on: Jan-21-2011

1. In these petitions, petitioner is seeking for a writ of certiorari to quash the order dated 27.10.2009 passed by the Karnataka State Transport Appellate Tribunal in R.P.Nos.714/2007 and 1499/2007 at Annexure 'A and for grant such other reliefs.2. As per the events, a joint survey has been conducted by the competent authority in the presence of the representatives of KSRTC and others on 7.9.2006 and by a resolution of the 1st respondent, it was decided to grant stage carriage permit to the petitioner. Being aggrieved by the said resolution, revision petitions were filed by the 2nd respondent-KSRTC and the 3rd respondent. Ultimately, impugned order came to be passed by the Tribunal allowing the revision and setting aside the permit granted to the petitioner by order dated 27.10.2009. Hence, these petitions.3. According to the petitioner, the 1st respondent-KSTA has ensured that joint sat vey is conducted as per the direction of this Court in the case of KSRTC v. Pauli Govis reported i...


Jan 21 2011

Smt Kamalamma W/O Jogaiah. Vs. the State of Karnataka Rep. by Its Secr ...

Court: Karnataka

Decided on: Jan-21-2011

1. Writ petitioner claims to be a person who has acquired interest to an extent of 5 acres of agricultural land in Sy No 275 of Challakare . kasaba hobli and taluk, under sale transaction dated 27-7-1972 between the third respondent, by his legal heirs, is before this court in the third round of writ litigation, bid the difference in the present round of writ litigation.2. The present writ petition is directed against an interim order passed by the Deputy Commissioner when the appeal filed under Section 5A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act. 1978 [for short, the Act!, at the instance of the very petitioner is still pending before the Deputy Commissioner and on this occasion in terms of the remand order dated 9-11 -2006 passed by this court in WP No 3679 of 2006 [second round of writ litigation). The first round was through WP No 36894 of 2001 and in both the earlier rounds petitioner successfully questioned the legality...


Jan 21 2011

Mr. A.Umesh. S/O MonappA. Vs. M/S. Jayalakshmi Enterprises Private Lim ...

Court: Karnataka

Decided on: Jan-21-2011

1. In this Revision Petition filed under Section 397 of Cr.P.C, the petitioner has questioned the concurrent judgment of the courts below convicting him for the offence punishable under Section 138 of the Negotiable Instruments Act ( hereinafter referred to as 'N.I. Act ' for short) .2) The respondent filed a private complaint under Section 200 of Cr.P.C against the petitioner alleging the offence under Section 138 of the N.I. Act inter alia contending that the complainant is a wholesale liquor dealer and the accused purchased liquor from the complainant on credit basis and for discharge of the said liability, the accused issued cheque in question for a sum of Rs. 1.54.261/- drawn on Canara Bank. Shivabagh Branch, Mangalore, dated 13.10.2004 and when (he said cheque was presented for encashment, the same came to be returned unpaid with the Banker's endorsement 'Account Closed' and in spite of service of notice as required by law, the accused failed to comply with the demands made there...


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