Karnataka Court February 2011 Judgments

Smt. M.N. Jayamma W/O.Late G V Putta Shetty. Vs. Nanjundaiah S/O.Dodda ...

Court: Karnataka

1. The rejection of petitioner's LA. under Order 26 Rule 10(a) in O.S.32/08 of the Addl. Civil Judge (Sr.Dn.). Srirangapatna. by order dt. 30/11/2010, has resulted in this petition.2. The petitioner instituted the suit for declaration, possession and mesne profits, in respect of a certain immovable property in Sy.No.9 measuring i acre 8 guntas of Chinnayakanahalli, K.Shettyhalli Hobli, Srirangapatna Taluk. The petitioner filed IA under Order 26 Rule 10(a) CPC to appoint a Court Commissioner to identify the hiduvali lands of plaintiff and defendants and to fix Its boundaries. in the affidavit accompanying the application, the petitioner stated that her husband G.V.Puttashetty owned kharab hiduvali land in Sy.No.28, 29 & 30 and mortgaged the said properties and thereafter repurchased some portion of the property i.e., the suit schedule property. The revenue records disclose that there was land belonging to the petitioner in Sy.No.29 and as the defendants had not secured measurement of th...

Sri Vidya Vikas Trust. Vs. the Block Education Officer, and anr.

Court: Karnataka

1. Learned Government Pleader is directed to take notice for the respondent.2. Petitioner is a Trust registered under the Indian Trust Act. It has established an educational institution known as Vidya Vikas Kannaria Primary School running classes for pre-primary as well as primary school upto 5th Standard the school is duly recognised and permission has been granted by the Block Education Officer - respondent herein.3. In this writ petition, petitioner is aggrieved by the communication dated 20.01.2011 addressed to the petitioner by the Block Education Officer, South Zone, Bangalore, calling upon it to furnish certain Information within three days, failing which the recognition granted to the school would be cancelled. The background in which the impugned notice is issued is that one Vasudeva Rao had sought certain information, from the school by making an application before the Block Education Officer. The Block Education Officer rejected the said application as the petitioner took up...

Sri B.R. Sanjay. S/O. Sri Rathnaiah Shetty. Vs. M/S. Perot Systems Tsi ...

Court: Karnataka

1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the award dated 02.06.2009 in I.D.No.88/2005 passed by the Labour Court Bangalore.2. The petitioner was an employee of the respondent-Company. The petitioner contends that he worked three years 15 days before he was orally terminated on 5.10.2001. Aggrieved by this termination, the petitioner got issued a lawyers notice on 15.10.2001 claiming compensation. Since the respondent failed to reply to the notice of the petitioner, he raised a dispute before the Labour Court by filing claim statement under section 10(4)(A) of the I.D. Act.3. Before the Labour court the respondent entered appearance and filed statement of objections, interalia contending that they have not terminated the services of the petitioner and on the other hand, the petitioner voluntarily remained absent to his duties w.e.f. 05.10.2001. On the basis of the pleadings, the labour Court framed the following two issues for it...

The Commissioner of Incomeand#8211;tax, Bangalore Vs. S. Mohan Kumar ( ...

Court: Karnataka

(Prayer: This ITA filed under section 260-A of I.T. Act, 1961, arising out of the Order dated 31-12-2008 passed in ITA No.534/BNG/2008, for the assessment Year 2006-07, praying to formulate the substantial questions of law stated therein and allow the appeal and set aside the order passed by the ITAT Bangalore in ITA.No.534/BNG/2008, dated 31.12.2008 and confirm the orders of the Appellate Commissioner confirming the order passed by the Assistant Commissioner of Income-tax, Central Circle-2(3), Bangalore.) 1. These 12 appeals are preferred by the assessees against the order passed by the Tribunal holding that the rental received by the assessees from letting out work stations, air conditioners, electrical fittings, fire detectors etc., are to be bifurcated under the heading of ‘income from other sources’ and not ‘income from house property.’ 2. The substantial question of law that arises for consideration in all these appeals is as under:- “1) Whether the ...

Mushtaq Nayak, Bangalore Vs. Dr. Salma Praveen

Court: Karnataka

(Prayer: RPFC is filed u/s 19(4) of Family Court Act, against the Order dated:30.09.2009 passed in C.Misc.No.308/2002 on the file of the Judge, Family Court, Mysore, partly allowing the petition u/s 125 of Cr.P.C. reg: Maintenance.) 1. Both these petitions under the provision of Section 19(4) of Family Courts Act are directed against the order dated 30.9.2009 in C.Misc.308/02 on the file of Judge, Family Court, Mysore. 2. RPFC.60/09 is by the husband questioning the direction in the impugned order to pay maintenance to his wife-Dr. Salma Parveen. 3. RPFC.15/10 is by the wife seeking enhancement of maintenance ordered. Necessarily both the petitions are clubbed and taken up for final disposal. 4. The contextual acts are: a) Dr. Salma Parveen married Mushtaq Nayak according to Islamic rites and customs and both commenced matrimonial life. Within a short period, she filed C.Misc.308/02 alleging cruelty, harassment by her husband. On the plea of willful neglect and deprival of basic necess...

Maj Gen J.K. Koshy Avsm (Retd) and Another Vs. the Asst Commissioner B ...

Court: Karnataka

Reported in: 2012(1)KantLJ250

(Prayer: This writ Petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to direct and quash the order dt.8.12.03 passed by the R1, in Case No.KSC.ST.2/92-93 on the file of the R1 at Ann-a. Direct and quash the order dt.16.11.09, passed by the R2, in case No.Sc.St(a)/70/03-04 on the file of the R2 at Ann-B.) 1. Proceedings under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (prohibition of Transfer of Certain Lands) Act. 1978, (hereinafter referred to as ‘the PTCL Act) have become a regular subject matter of writ proceedings before the High Court, more so, at the instance of the aggrieved purchasers of lands which had been granted originally in favour of persons belonging to the depressed classes or persons belonging to scheduled castes and scheduled tribes who are identified and provided special protection and benefits under the enabling provisions of the Constitution and for effectuating it, presidential orders are being...

Karnataka Hire Purchase Association and Others Vs. Commissioner for Tr ...

Court: Karnataka

(Petitions are filed under Art.226/227 of the Constitution praying to quash the Circular dated 6.9.2010 by the 1st respondent, etc.)The writ petitions are filed by the Hire Purchase Association as also the private financiers challenging the Circular issued by the Transport Commissioner vide annexure dated 6.9.2010.In the Circular it is noted that as per S.51 of the Motor Vehicles Act, entries have been made in the RC Books in the usual course with regard to the vehicle owners who have purchased the vehicles on obtaining loan/financial assistance from nationalized banks and other financial institutions, However, it is also expressed that some transport financiers and also private financiers are extracting more interest and thus deceiving the vehicle owners. Referring to the provisions of the Money Lenders Act, 1961 and the Rules therein and also based on the letter of the Government dated 14.6.2010, the Commissioner for Transport has issued the Circular to various Regional Transport Off...

Sri B.Mruthunjaya, S/O. BasappA. Vs. the Central Bureau of Investigati ...

Court: Karnataka

1. These two petitions are by accused No. 11 in Spl.C.C.No.122/2007 and accused No.13 in Spl.C.C.No.123/200/ and both refers to the same petitioner viz., B Mruthunjaya. The petitioner among other accused persons against whom the case is registered under Section 120-B r/w 409, 419, 420, 467, 468, 471 IPC and substantive offences under Section 409 IPC and Section 13(2) r/w 13(1 )(c) and (d) of the Prevention of Corruption Act and following the charge sheet submitted by the respondent - CBI, the case is now at the stage of framing of charge.2. These petitions therefore are filed praying for quashing of the respective proceedings which are pending in Spl.C.C.Nos.121 and 122 of 2007 on the file of the Additional City Civil and Sessions Judge, 3anga!ore City. The main contention put forward by the learned counsel for the petitioner Sri S.Prakash Shetty is that, there is no sanction order obtained as required under Section 19(l)(c) of the Prevention of Corruption Act or under Section 197 of C...

Sri.K.S.Rajkumar, S/O Y.Cheluvaraj, Vs. State by Rampura Police.

Court: Karnataka

1. This revision petition filed under Sections 397 r/w 401 Cr.P.C, is directed against the concurrent judgment of the courts below convicting the petitioner -accused for the offences punishable under Sections 379. 337. 338 and 304(A) IPC and sentencing him to undergo imprisonment and also to pay fine.2. According to the case of the prosecution, the petitioner as driver of the KSRTC bus bearing registration No.KA-07/F-550 drove the said bus on 13.7.2003 in a rash and negligent manner on Challakere-Bellari Road and at about 5.30 a.m. near Amkundi dashed against the parked lorry bearing registration No. KA 19 F 1326 by the side of the road as a result, the stationary lorry moved and ran over the persons who were sitting on the nearby culvert and thus the petitioner committed the aforesaid offences. The petitioner pleaded not guilty for the charges levelled against him and claimed to be tried. After full dressed trial, the learned Magistrate held the petitioner guilty of the aforesaid offe...

Mr.iqbal S/O Late ShekabbA. Vs. Mohammed Musthaf.U.H S/O Late S.B. Moh ...

Court: Karnataka

1. This is a claimant's appeal for enhancement of compensation.2. I have heard Sri.H.Pavauachandra Shetty, learned counsel for claimant and Sri.Raghu, learned counsel Sri.H.S.Lingaraj, learned counsel for insurance company.3. As a result of accident, the claimant had suffered following:a) Traumatic amputation of the right middle toeb) Fracture of 2nd metatarsal shaft.4. The claimant was treated in K.S.Hegde Hospital at Mangalore arid Netaji A. Yellappa Memorial Charitable Hospital at Mangalore. On subsequent examination of claimant, PW.2-Dr.Lawrence Mathais has assessed the partial permanent physical disability at 10% to right lower limb and for whole body at 4%. At the time of accident, the claimant was aged about 28 years and he was sustaining by manual work. The Tribunal has awarded compensation of Rs.35.800/- under following heads: I Injury, pain, suffering and shock - Rs.20,000II Medical expensesRs. 3,800III Loss of amenities and enjoyment of lifeRs. 10,000IV Food and attendant ch...