Karnataka Court September 2011 Judgments

Nal Layout Residents Association, Rep by Secretary C. Hemanth Kumar an ...

Court: Karnataka

(Prayer: This WP is filed praying to direct B.D.A. namely the R1 to revoke the allotment of school and play ground area in the layout made by national aerospace laboratories employees’ co-operative housing society LTC., formed in sy.nos.50, 51 and 52 of Tavarekere Village, Bangalore South Taluk, as shown in red colour border lines IBN Ann-E namely the approved layout plan, now the layout being known and identified as NAL layout, east end main road, 4th “T” block, Jayanagar, Bangalore.) 1. In this writ petition, the petitioners, who are an association of residents and a house building co-operative society have assailed the allotment of school and playground area in the lay out formed by National Aero Space Laboratories Employees House Building Co-operative Society Ltd., i.e., the second petitioner herein in Sy.Nos.50, 51 and 52 of Tavarekere Village of Bangalore South Taluk (Annexure-E) and they have sought a further direction to the respondents to remove the illegal c...

Mohammad Gaffar at Abdul Gaffar, So Mohammad Saleem Vs. State of Karna ...

Court: Karnataka

ORDER 1. The petitioner has been arraigned as accused No.3 in S.C.No.487/09 on the file of Fast Track Court-VII, Bangalore City. The petitioner along with other accused persons in all, numbering 4 have been charge sheeted for the offence punishable under .Section 364-A r/w 34 IPC inter alia alleging that at about 8.00 a.m. on 18.8.2008 as per The instruction of Accused No. I -Lakshmipathi, Accused Nos.2 to 4 forcibly abducted CW.l-Shivararnaiah and his grand daughter CW.2-Kumari Divya while CW. 1 was taking his grand daughter to Sudarshana Vidya Mandir and took them in a Tata Indica car to Bannerghatta Road and at knife point demanded ransom of Rs. 1.5 Crores and threatened to kill them if the money demanded by them is not paid and on promise made by CW. 1- Shivararaaiah that he would bring money by evening, accused Nos.2 to 4 left CWs. 1 and 2 at abein 12.30 a.m. near Meenakshi Temple on Bannergha&a; Road. 2. In respect, of this incident, CW. 1 lodged a report based on which case came...

Rama at Appi, So. NagappA. and ors Vs. State of KarnatakA.

Court: Karnataka

ORDER 1. The petitioners have been arraigned as accused Nos.l. 3 and 4 in CC.Nc.376/11 on the file of Civil Judge & JMEC. Anekal. These petitioners along with others are charge sheeted for the offences punishable under Sections 143, 341, 324 and 302 r/w 34 IPC. 2. One Manjunath is the deceased in this case. According to the case of the prosecution, CW. 1- Gajendra appeared before Police Inspector. Hebbagodi Police Station in Anekal Taluk at about 10.00 p.m. on 8.1.2011 and presented a written report based on which the police registered the case in Crime No. 5/ 11 for the offences punishable under Sections 143. 341, 323, 807 r/w 149 IPC. In the said written report, it had been alleged that on that day, at about 7.30 p.m. while he as pillion rider was proceeding in a motor cycle ridden by Manjunath of Ramasagar Village in Att'bele Hobli. Anekal Taluk, near Chandrapura Shandi Road, one Madhu, Rajcsh, Sriram (petitioner No.l herein}, Sunil (petitioner No.3), Rayi and Naveen along with othe...

Dr B.L. Sujatha Vs. the State of Karnataka, Rep by Its Secretary to Go ...

Court: Karnataka

Reported in: 2012ILR(Kar)40; 2012(3)KantLJ334; 2012(2)KCCR1171

(Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash, the impugned order dated 10.06.2010 passed by the Hon’ble Kat in application no.8926/2002 (annexure-a) as null and void.) 1. The legality and correctness of the order passed by the Karnataka Administration Tribunal, Bangalore in Application No.8926/02 passed on 10th June 2010 is called in question by the petitioner. 2. The aforesaid application was filed by the 2nd Respondent herein challenging the promotion given to the petitioner as Assistant Professor in the Department of Ophthalmology attached to Bangalore Medical College as per Annexure-A4 dt.6.6.2001 on the ground that 2nd Respondent is senior to the petitioner in the cadre of Lecturer and she was absorbed as a Lecturer w.e.f. 10.11.1999 and that the petitioner herein on acquiring the past graduation degree in 2001 was absorbed as a lecturer w.e.f. 26.5.2001 and within one month thereafter she has been promoted to the...

K. Govinde Gowda Vs. Akkayamma and Others

Court: Karnataka

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to Quash the Order dated 17.2.2010 passed by learned XXXIII City Civil Judge, Bangalore on IA No.8 in O.S.No.812/2004 vide Annexure-N and consequently to allow I.A.No.8 filed by the petitioner under Section 151 of C.P.C. produced at Annexure-M and M1.) 1. The petitioner is the plaintiff, who has filed a suit for specific performance. The plaintiff produced an insufficiently stamped agreement for sale. An objection was taken. The trial Court directed payment of deficit stamp duty and penalty at the rate of 10 times the duty. The petitioner aggrieved by the said order has filed this petition. This case and other cases similarly placed more importantly involve the question of jurisdiction of the Court to levy penalty U/S.34 of the Stamp Act (for short, ‘the Act). 2. The Section 39 of the Act, empowers the Deputy Commissioner to levy penalty of Rs.5/- or in the alternative, the penalt...

C. Suresh and Another Vs. State of Karnataka Represented by the Secret ...

Court: Karnataka

(This writ petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to call for records in case no. survey revision no.13/06-07 on the file of the second respondent and quash the orders dated 15.3.2007 passed by the second respondent in survey revision no.13/06-07 dated 15.3.2007 vide Annexure-F (The petitioner claimed in respect of Sy.No.42 (New Sy.No.74) and etc.,) (This Writ Petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to call for records in case no. Survey Revision No.13/06-07 on the file of the second respondent and quash the orders dated 15.3.2007 passed by the second respondent in survey revision no.13/06-07 dated 15.3.2007 vide Annexure-E (The petitioner claim in respect of land in Sy.No.42, New Sy.No.72) and etc.,) These two writ petitions are by persons who claim interest in agricultural land through their father to an extent of 4 acres 20 guntas in Sy.No.42 of Turahalli village under a grant certificat...

indus Towers Ltd Vs. the Deputy Commissioner of Commercial Taxes and O ...

Court: Karnataka

(Prayer: THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 11/04/2004 IN WP. NOS.11361-372/2011 (T-RES) PASSED BY THE LEARNED SINGLE JUDGE IN SO FAR AS IT PERTAINS TO QUASHING OF THE LEVY OF PENALTY AND INTEREST AND ALSO IN RESPECT OF DIRECTION TO THE STATE GOVERNMENT FOR RECOVERY OF THE TAX AMOUNT FROM THE SECOND RESPONDENT - UNION OF INDIA.) N. KUMAR J., 1. All these writ appeals are preferred against the common order passed by the learned single Judge. None of the parties are happy with the order. Therefore, everyone has preferred appeal against the said order to the extent they are aggrieved of such order. Therefore, these appeals are taken up for consideration together and disposed of by this common order. For the purpose of convenience, the parties are referred to as they are arrayed to in writ appeal No.3403-3439/2011 arising out of W.P. No.11508/2011 and 12693-12727 of 2011. FACTUAL MATRIX 2. The assessee - M/s. Indus Towers...

M/S. V.S. Lad and Sons and Others Vs. Sociedade De Fomento Industrial ...

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR1986

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 18.04.2011 on I.A.No.4 passed in O.S.No.89/2007 on the file of the learned Senior Civil Judge at Kudligi vide Annexure-A.) 1. The defendants in O.S.No.89/2007 have filed this writ petition challenging the order dated 18.04.2011 passed by the learned Senior Civil Jude, Kudligi, allowing I.A.No.4 filed by the plaintiff-respondent herein seeking amendment of the plaint. 2. The respondent has filed the suit seeking a decree of specific performance of the agreement dated 12.07.2004 for supply of the short delivered quantity of iron ore fines of certain specifications. In the suit, the plaintiff has contended that the agreement inter alia provided for supply of three lakh tones of iron ore fines per year having certain identified specifications. The plaintiff contended that it was agreed between the parties that three lakh tones of iron ore fines per year would be su...

Smt. Gurabasamma Vs. the Assistant Commissioner at Indi

Court: Karnataka Gulbarga

1. Petitioner in this petition has sought for a Writ of Certiorari, quashing the notice issued by respondent dated: 17th August 2011 bearing No. Chunavane/CR-17/11-12, vide Annexure-A. 2. It is the case of the petitioner that she has been duly elected as Adhyaksha of the Gabasavalagi Gram Panchayat, Indi Taluk, Gulbarga District, on 16th June 2010.Being Adhyaksha of the said Gram Panchayat, she has been taking all necessary steps to provide all the facilities to the public in general, who come within the jurisdiction of the said Gram Panchayat and has been discharging her duties effectively and sincerely. When it was noticed by her that some of the members have taken the benefits from the Gram Panchayat and drawing the amount in their names for the works executed and some of the members have even acquired disqualification under Section 12 of the Panchayat Raj Act, she has tried to stop them from doing so. In view of the same, some of the members who are inimical to her, have moved the ...

Sarojini and Others Vs. Ishwaridevi and Others

Court: Karnataka

(MFA No.12873/2006 is filed under Sec.173(1) of MV Act against the judgment and award dated 12.4.2006 passed in MVC No.36/2002 on the file of the Prl. Dist. Judge, Member, MACT., Mangalore, D.K. partly allowing the claim petition for compensation and seeking enhancement of compensation. MFA No.5997/2006 is filed under Sec.173(1) of MV Act against the judgment and award dated 12.4.2006 passed in MVC No.36/2002 on the file of the Prl. Dist. Judge, Member, MACT., Mangalore, D.K. awarding a compensation of Rs.4,95,000/- with interest at 6% p.a. from the date of petition till the date of payment.) Manjunath, J. MFA 12873/2006 is by the claimants being not satisfied with the compensation awarded to them in MVC 36/02 on the file of MACT., Mangalore. MFA No.5997/2006 is filed by the insurance company challenging the liability saddled on it. Therefore, these two matters are heard together. 2. Having heard the counsel for the parties, admitted facts in this appeal are as hereunder: Claimants are...