Karnataka Court January 2011 Judgments
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Sri Chennegowda, S/O. Sri BettegowdA. Vs. the Karnataka State Financia ...
Court: Karnataka
Decided on: Jan-19-2011
1. In this writ petition, the petitioner is challenging the auction Notification dated 29.12.2010 issued by the second respondent published in Vijaya Karnataka Kannada daily Newspaper bringing the residential house of the petitioner for sale for realisation of the loan advanced to the third respondent. Petitioner is the guarantor. As the third respondent has failed to discharge the loan, the property in question owned by the petitioner, which is the subject matter of security for the repayment of loan, is brought for sale. The date of auction is fixed on 20.1.2011.2. The main contention of the learned counsel for the petitioner is that by virtue of the order at Annexure-F passed by the State Government dated 30.6.2010, the period for repayment by availing the benefit of one-time settlement scheme, has been extended till 31.3.2011 and therefore, the said benefit under the said scheme as per Government Order NO.F.D.56.BFC.2009 dated 26.9.2009 as extended on 30.6.2010 is available to the ...
Sri. H Hanumanthapa S/O HosarappA. Vs. the State of Karnataka Represen ...
Court: Karnataka
Decided on: Jan-19-2011
1. Repeated writ petitions at regular intervals or even after lapse of several years for the very, relief i.e., issue of a writ of mandamus does not he, if eng. writ of mandamus is issued by this Court- but is not obeyed by the respondent against whom the direction is issued.2. Filing of another writ petition after a lapse of 12 years, after the direction / order is issued is not a remedy or relief and second writ petition for the very purpose does not lie. It is for this reason, this writ petition which is virtually one complaining that the order/direction, issued by this Court in the earlier writ litigation by the very writ petitioner as per the order dated 11.02.1999, copy produced as Annexure-A to the petition, is not obeyed and it is not open to the petitioner to come up for the very relief this time also etc.3. Ms. N innate, learned counsel appearing for-the petitioner submits that. in the interregnum., "the authorities under the Act/Government having reserved-the subject land in...
Sri Farooq Ali Khan. S/O M.Hyder Ali Khan, and ors. Vs. State of Karna ...
Court: Karnataka
Decided on: Jan-19-2011
1. When this matter was called, the submission made by the learned counsel appearing for the petitioners is that the parties have settled the matter amicably and want to put an end to the litigation and further, the husband has also given talaq to the respondent-wife and, therefore, referring to the aforesaid events and also to the affidavit filed by R-2, the submission made is that the proceedings in Crime No. 94/2010 be quashed.2. For R-2, learned counsel Shri H.H.Kaladgi has entered appearance by filing vakalath.3. I have heard the learned counsel for the parties and also the learned Government Pleader for the respondent-State and perused the affidavit filed by R-2 wife, wherein she has stated that due to some differences, she hac lodged the complaint earlier, but now the matter is settled between the parties and she has received Rs.6.00.000/- towards permanent alimony and by way of future maintenance and the said amount is received by way of Rs. 5.00.000/ through demand draft and R...
Mr.Mukesh.C.Patel, S/O Chiman Bhai Palel. Vs. Commissioner of Income T ...
Court: Karnataka
Decided on: Jan-19-2011
1. Petitioner has sought for to issue a writ of certiorari to quash the order passed at Annexure 'N" dated 25.03.2010 by the 1st respondent-Commissioner of Income Tax and also the intimation dated 22.2 2001 issued under Section 143(1)(a) at Annexure 'B" by the 2nd respondent-Asst. Commissioner of Income Tax and. to issue a writ of mandamus to consider the grievance of the petitioner by the1st respondent on the revision petition filed under Section 264 dated 07.11.2003 vide Annexure F and. to direct refund of taxes deposited at source arid. to further direct the respondents to pay the interest thereon in terms of Section 244A of the Act on the refund amount and. for such other orders.2. According to the petitioner, he filed the returns of income based on the TDS certificate issued by the employer for the assessment year 2000-2001. According to him, his employer has deducted the TDS on the alleged value of the perks included in the salary. Though the employer has tiled appeals before the...
State of KarnatakA. by Chickballapur Town Police. Vs. N.Rajesh. S/O Na ...
Court: Karnataka
Decided on: Jan-19-2011
1. This appeal is filed by the Style challenging the judgment dated 31.1.04 passed by the PrI. Civil Judge (Jr.Dn.) & JMFC. Chickaballapur. in C.C.No. 125/01 challenging the acquittal of A-l for the offence under Sec. 323. 498A. 506 IPC and Ss.3 and 4 of the Dowry Prohibition Act. for short D.P Act.2. It is the ease of the prosecution that the marriage of the accused took place with the complainant Surekha on 15.5.98 at Kota Vijayalakshmi Kalyana Mantapa and at the time of the marriage, ii is alleged that the accused has demanded and received dowry of Rs.3 lakhs and also after the marriage, he was harassing her and abusing her for the purpose of extracting dowry from the parents of the complainant and on 12.8.2000 he had criminally intimidated the complainant and assaulted with hands thereby he is alleged to have committed an offence under-Sec.323,498A. and 506 IPC r/w Ss.3 and 4 of Ihe D.P.Act.3. In order to prove the case, the prosecution has examined in all six witnesses and got mar...
Karnataka State Road Transport Corporation Mysore Division. Vs. P. San ...
Court: Karnataka
Decided on: Jan-19-2011
1. In this writ petition, the petitioner has prayed for a writ in the nature of certiorari to quash the award date. 27.1.2009 in ID No.213/1998 passed by the Labour Court at Mysore directing reinstatement of the respondent with 25% back wages and costs of Rs.2000/ -.2. The respondent is a trainee conductor in the petitioners-Corporation. On 1.5.1993 when the respondent was conducting the bus on the route from Mandya to Pandavapura, checking squad of the Corporation conducted k check and found that despite collecting fare from 15 passengers at the denomination of Rs. 1.25 from each of them, failed to issue tickets and further failed to close the entry before the stage point. For this misconduct, articles of charges were issued, enquiry was held and on 29.10.1998 an order dismissing the respondent from service came to be passed.3. The respondent being aggrieved by the order of dismissal raised a dispute before the labour Court under Section 10(4) (A) of the 1.1). Act. On the bar-is of he...
Naveen Mendon S/O.Late G.S.Puthran. Vs. State of Karanaka (Mines. Ssi ...
Court: Karnataka
Decided on: Jan-19-2011
1. The following order came to be passed on 7.12.2010: Learned counsel for the petitioner seeks an adjournment, so as to enable her to obtain instructions in respect of the objections raised in paragraph No. 1 of the statement of objections filed by respondent No.3. List for further consideration on 19.1.201 1." In furtherance of the aforesaid order, learned counsel for the petitioner states, that the petitioner may be permitted to withdraw the instant writ petition, and that, she may be relegated to her revisional remedy under Sec.30 of the Miner Minerals (Development & Regulation) Act, 1957.2. Consequent upon the aforesaid submission having made at the hands of the learned counsel for the petitioner, we enquired from the learned counsel for the respondents whether the instant liberty should be granted to the petitioner, as also, whether the pleadings in this case should be treated as the pleadings of the parties before the revisional authority. Learned counsel for the respondents ans...
Smt. P.T. Puttananjamma W/O M.V. Venkataswarny. Vs. the State of Karna ...
Court: Karnataka
Decided on: Jan-19-2011
1.Petitioner was appointed as Balawadi Teacher in Potenahalli village, coming under Alakapur Mandal Panchayat, Gowribidanur Taluk, by virtue of the order passed by the Block Development Officer/Secretary of Taluka Panchayat on 20.9.1.988 as per Annexure-' C. Accordingly, subsequent resolution was came to be passed by Alakapur Mandal Panchayat, to take the petitioner on duty as per Annexure-' E' dated 30th November 1988. Since then, the petitioner is working as Balawadi teacher in Shishuvihar run by Alakapur Mandal Panchayat. She was paid a salary of Rs.200/- per month as on January 1991. When the facts stood thus, the petitioner was discharged from services by the Panchayat. The said order was questioned by the petitioner by filing a petition under Section 10(4-A) of the Industrial Disputes Act before the II Addl. Labour Court, Bangalore, in I.D. No. 133/98. The said matter was decided in favour of petitioner. Consequently, the order of discharge was set aside. The Panchayat was direct...
Mr.Devaraja S/O SidharamayyA. Vs. Shakeer S/O K.S.Mohammed, and anr.
Court: Karnataka
Decided on: Jan-19-2011
1. This is a claimants appeal for enhancement of compensation.2. I have heard Sri.G.Ravishnnkar Shastri, learned counsel for claimant and Sri.Chetan, learned counsel for Sri. H.S. Lingaraj, earned counsel for insurance company and I have been taken through evidence and the impugned judgment.3. As per medical evidence of PW.2 -Dr.Sikandar Pasha, claimant had suffered fracture of both bones of left leg in middle 1/3rd and was treated in Wenlock Hospital at Mangalore. The fracture was reduced by open reduction and internal] fixation. After removal of implants, the claimant has developed Infection on his left leg.4. As could be seen from the photograph of claimant, left lower limb of the claimant is in deformed state and there is swelling on the left lower limb. The claimant has restricted movements of left knee joint and ankle joint. The claimant, was aged about 32 years at the time of accident and sustaining by manual work. PW.2 - Dr.Sikandar Pasha, on subsequent examination of claimant ...
M.Manjappa S/O MahadevappA. Vs. State of Karnataka by Its Secretary. R ...
Court: Karnataka
Decided on: Jan-19-2011
1. Appellant is the petitioner in W.P.No.37875/1993 being aggrieved by the order dated 14-6-2007 passed by the learned Single .Judge dismissing the writ petition tiled by the petitioner confirming the order dated 31-7-1993 passed by the Land Tribunal filed this appeal.2. The appellant has contended that he is a tenant in respect of the land bearing Sy.No.10 measuring 3 acres 27 guntas of land situated at Arhatolalu village, Bhadravathi Taluk from the year 1969. The said land was taken on lease from one Kalamma who is the grand mother of respondents 13 and 14 herein as per Guthlge Kararu Pathra dated 6-10-1969 since then he has been in possession and cultivating the said land. In view of coming into force the Land Reforms Act, he filed an application in Form No.7 for grant of occupancy rights In respect of the aforesaid land. Further, respondents 3, 4. 5 also filed Form No.7 for grant of occupancy rights in respect of the aforesaid land. The Land Tribunal alter clubbing all the applicat...
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