Karnataka Court December 2011 Judgments
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G and G Recreation Association, Bangalore Vs. Government of Karnataka, ...
Court: Karnataka
Decided on: Dec-05-2011
1. Learned Government Pleader is directed to take notice for the respondents. 2. It is submitted by the learned Counsel for both the parties that similar matters are disposed of holding that as long as lawful recreational activities are carried on by the association such as the petitioner, there would by no requirement in law for taking permission from the police department either under Section 31 of the Karnataka Police Act, 1963 or under any other licensing order. Therefore, this matter is taken up for final disposal with the consent of both the parties. 3. In this writ petition, petitioner is seeking a direction to the respondents not to interfere with the internal activities of the petitioner in the matter of carrying on the recreational activities and that the respondent-authorities be directed not to insist upon the petitioner to obtain licence either under the Police Act or under the Licensing and Controlling of Places of Public Amusement Act to run the recreation club permittin...
Chikkaramaiah Vs. the Divisional Controller
Court: Karnataka
Decided on: Dec-05-2011
1. Petitioner when appointed as a casual worker in the respondent-Public Road Transport Corporation with effect from 25-8-2004 pursuant to the direction of the Apex Court to treat him as a casual labour, a position, which he held prior to removal from service, alleging entitlement to regularisation, had his cause espoused through a Trade Union, which initiating conciliation proceeding under the Industrial Disputes Act, 1947, ending in a failure report, whence the State Government by order dated 20-12-2007 referred the industrial dispute to the Industrial Tribunal, for adjudication, registered as I.D.No.280/2007. The point of dispute referred for adjudication was whether the Trade Union were justified in making a demand for regularisation of the petitioner’s service in the respondent-Road Transport Corporation. Petitioner having filed claim statement, was resisted by filing counter statement of the respondent-Road Transport Corporation. The Industrial Tribunal having regard to the...
D. Kariyappa Vs. Thimmabovi and Others
Court: Karnataka
Decided on: Dec-05-2011
(Prayer: This writ appeal is filed u/s 4 of the Karnataka High Court Act praying to set aside the order passed in the W.P. No. 4245/2010 dated 01/02/2011.) 1. This appeal assails the order of the learned Single Judge dated 01.02.2011 passed in W.P. No. 4245/2010 (SC/ST) observing that there are concurrent findings of fact recorded by the Assistant Commissioner and the Deputy Commissioner to the effect that the land granted in favour of the original grantee was to a person belonging to the scheduled caste community, and therefore dismissed the writ petition. 2. Before us, the matter has been canvassed in great detail. Our attention has been drawn to the original order passed in the writ proceedings at the first instance, whereby the matter was remanded to the Assistant Commissioner to determine whether the original grantee belongs to the scheduled caste or scheduled tribe. It was pursuant thereto that the order which led to the filing of W.P.No.4245/10 came to be passed by the Assistant...
D.P. Venkateshappa Vs. the Power Grid Corporation of India Limited, Su ...
Court: Karnataka
Decided on: Dec-05-2011
1. In this writ petition, petitioner seeks a direction against respondents 1 to 3 to consider the representation given by them vide Annexure - C on 31-7-2010 and determine the compensation payable to them. 2. Petitioner claims to be the absolute owner of the property bearing Sy. No. 4 measuring 2 acres situated at Duduvanahalli Village, Dinnahalli Post, Masti Hobli, Malur Taluk. According to the petitioner, he has been running a brick factory by obtaining necessary licence from the concerned authorities in the land. 3. Respondents 1 to 3 started drawing high tension electrical wire over the petitioner’s property. Efforts made by the petitioner to prevent the authorities from drawing the electrical line were in vain. Petitioner approached the Deputy Commissioner, Kolar, seeking compensation for the loss and damage suffered by him in view of the drawing up of high tension electrical line over his property. Respondent 4-Deputy Commissioner has passed an order on 25-3-2010 dire...
National Insurance Co.Ltd. Vs. A. Siddayya Hegde and Others
Court: Karnataka
Decided on: Dec-02-2011
(This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 21.4.2005 passed in MVC No.424/1999 on the file of the civil judge (Sr.Dn) and Addl. MACT, Kundapura awarding compensation of Rs.3,44,500/- with interest at 6% and directing the appellant herein to deposit the same.) This appeal is by the insurer challenging the liability fastened on the ground the car MEG 1060 insured with them is not involved in the accident. 2. For the sake of convenience the parties in this appeal would be referred to by their rankings as they are arrayed in the claim petition before the Tribunal. 3. The factual matrix of the case are as follows:- 4. The claimants who are the parents of the deceased-Ratnakar Shetty instituted claim petition under Section 163A of the M.V. Act, 1988 (hereinafter referred to as ‘the Act’ for short) before the Tribunal claiming compensation in a sum of Rs.10,00,500/- on account of the death of their deceased son in a motor accident that t...
Malurappa Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Dec-02-2011
1. In this writ petition, petitioner is challenging the certificate dated 14-3-2011 issued by the Tahsildar, Pavagada Taluk, Tumkur District showing that respondent 3 belongs to BCM-B category. 2. The certificate is issued on 14-3-2011 pursuant to the application filed by respondent 3 on 8-3-2011. Petitioner and respondent 3 both contested for the post of Member of Grama Panchayat, Y.N. Hosakote in Pavagada Taluk. Respondent 3 got elected under the General Category. It is the case of respondent 3 that she belongs to BCM-B category. She applied for issue of BCM-B category certificate to the Tahsildar, Pavagada. The said application was rejected on 18-2-2011 holding that her husband was a Government employee and possessed income more than Rs.2 lakhs per annum. 3. Thereafter, petitioner filed M.C.No.13 of 2011 and in that petition, a decree of divorce by mutual consent was obtained and their marriage was dissolved vide order dated 4-3-2011. 4. By producing the decree of divorce passed by ...
Basappa Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Dec-02-2011
1. The proceedings, appears to have a checkered career. The petitioner claiming to be a tenant in respect of 3 items of land makes an application in Form 7 for grant of occupancy rights. Initially, the Land Tribunal grants occupancy rights. The said order was questioned by the landlords before this Court. This Court allowed the writ petition and remitted the matter to the Land Tribunal for fresh disposal in accordance with law. It is not in dispute that the land in question are inam lands inasmuch as they are Shanbog Service Inam Lands and as on the date when the applications were being prosecuted, the Land Tribunal had jurisdiction to deal with the matter. 2. Parallely, the respondents also made an application for regrant of the land under the Karnataka Village Offices Abolition Act, 1961. The said application was granted by the Competent Authority i.e., the Tahsildar. The petitioner questions the said order by way of an appeal before the learned District Judge. The learned District J...
Srinivas G. and Others Vs. Harish Kumar and Others
Court: Karnataka
Decided on: Dec-02-2011
VikramajitSen, Ag.C.J. (Oral): 1. On the last date of hearing, we have brought to the notice of Sri.A.G. HOLLA, learned Senior Counsel appearing for the appellants that it is our understanding that the appeal is covered on all fours by the decision of the Hon’ble Supreme Court in ChindeGowda, as well as our judgement (Division Bench) in Chandra Naik Vs State of Karnataka and others in WA No.16380/2011 (2012 (1) KCCR 254 (DB)). 2. Sri. A.G.Holla, learned Senior Counsel contends that factual matrix in the aforementioned cases was that the Court was confronted with a lease granted in favour of the concerned party, containing the covenant restraining the power of alienation for a certain period of time (in that case 15 years). The distinction that is sought to be brought before us is that in the present case, and outright grant has been made. Therefore, the State has divested itself of any control over the land in question. It is however, not disputed that one of the terms of the gra...
Padmalatha Vs. M Suresh Ballal
Court: Karnataka
Decided on: Dec-02-2011
(Prayer: MFA FILED U/S 28 of HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 1/12/06 PASSED IN M.C.NO. 41/06 ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) and CJM, MANGALORE, D.K. ALLOWING THE PETITION FILED U/S. 13(1) (i-a) OF THE HINDU MARRIAGE ACT, SEEKING A DECREE FOR DIVORCE DISSOLVING THE MARRIAGE.) N. KUMAR J: 1. This appeal is by the wife challenging the decree for divorce granted by the Principal Civil Judge (Sr. Dn.), Mangalore in M.C.No.41/06. 2. For the purpose of convenience, the parties are referred to as they are referred to in the original proceedings. 3. The petitioner M.Suresh Ballal married the respondent Smt.Padmalatha on 13.10.1995. A female child was born in July 1998. The record discloses in the year 2002, the second pregnancy was terminated. The grievance of the petitioner is that the respondent after coming to know that she is pregnant created a scene, started abusing the petitioner, showing gestures and started behaving indifferent, started showing disr...
The Agricultural Produce Market Committee, Mysore Vs. Sai Raksha Cold ...
Court: Karnataka
Decided on: Dec-02-2011
1. I.A. No.1 of 2011 to condone the delay of 210 days in filing the petition to review the order dated 31-1-2011, in W.P.No.35749 of 2010 is by the Agricultural Produce Market Committee, Mysore arraigned as respondent 2 in the writ petition. In the application, it is stated that some market functionaries carrying on trade in notified agricultural produce within the market yard at Bandipalya, filed representations for allotment of land, reserved for establishing a cold storage plant, from out of whom one Sri B.S. Ramesh, Proprietor of M/s. Lakshmi Trading Company, APMC Yard, Bandipalya, Mysore, submitted a representation dated 19-2-2007, while another Mr. A. Abdul Siddique Shariff, Proprietor of Mysore Cold Storage Private Limited, Mysore, submitted a representation dated 27-4-2007 and yet another Smt. B.T. Vasantha, Proprietor of M/s. Sree Chamundeshwari Cold Storage, Mysore, submitted a representation dated 28-9-2007. These representations when ordered to be placed before the review p...
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