Karnataka Court February 2012 Judgments
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H N Eregowda Son of Late NanjegowdA. Vs. H N Putteggwda Son of Late Na ...
Court: Karnataka
Decided on: Feb-21-2012
1. This miscellaneous application is by the appellant to condone the delay of 354 days in preferring the appeal. In the affidavit accompanying the application, the applicant states that he was arraigned as a defendant in the suit instituted by the 1st respondent for declaration alleging encroachment upon some portion of the plaintiffs property and the trial court decreed the suit on the basis of a survey report of the ADLR, though the survey was conducted in his absence, while it was the plaintiff who encroached upon his property. In paragraph 4 it is stated that the appellant continuously suffering from illness due to old age and is confined to a wheel chair, unable to meet his lawyer and that one of the villagers who met his lawyer informed the dismissal of the appeal and advised to prefer the second appeal. Due to financial crisis, it is stated was unable to raise funds to prefer the appeal and hence the delay. In the additional affidavit filed on 18/1/2012 in support of the applica...
Ms.Yojaka (India) Pvt. Ltd. Vs. the State of KarnatakA.
Court: Karnataka
Decided on: Feb-21-2012
Vikramaiit. Sen. CJ (Oral)1. Issue notice to the Respondents. Mr.R.G.Kolle, learned AGA. accepts notice on behalf of Respondent Nos. 1 and 2.2. There is no controversy that the dispute stands covered by the decision in Venkatesh ,K vs. The State of Karnataka. Writ Petition Nos. 555-563/2010 dated 08.03.2011 The relevant paragraph 4 of the said decision is reproduced hereunder:"4. In view of the factual position depicted in the foregoing paragraph, we consider it just and appropriate to require the petitioners, who are contractors, having executed civil works on behalf of respondent Nos. 3 to 5 to furnish to respondent Nos.3 to 5, the receipt for purchase of minor mineral or other authentic material either to substantiate payment of royalty by the quarry owner or to disclose the source from which the purchase was made. The needful shall be done within two weeks from today.Having received the aforesaid receipts, respondent Nos.3 to 5 shall forward the same to the Senior Geologist, Mines ...
T.M. Amarnatha @ Amaranarayana Vs. Mallamma and Others
Court: Karnataka
Decided on: Feb-21-2012
1. This is plaintiff’s second appeal aggrieved by the judgment and decree dated 15.3.2010 of the Fast Track Court-I, Kolar, allowing R.A. 70/2008 and dismissing O.S. No. 23/2006 by reversing the judgment and decree dated 15.7.2008 decreeing the suit partly by directing defendants No. 2 to 9 jointly and severally to pay Rs. 48,000/- towards compensation to the plaintiff.2. The appellant instituted the suit arraigning the respondents as defendants “for compensation” of Rs. 75,000/- for malicious prosecution, alleging that the 1st defendant lodged a complaint with Masthi Police Station on 3.5.1998 at 7.30 p.m. alleging that one Srinivas S/o Narasimhappa, Balajiga had committed the murder of one Venkateshappa S/o Muniramaiah of Thorahalli, Malur Taluk, in the land bearing Sy. No. 96/2, without mentioning the name of the plaintiff, which was registered in Crime No. 78/1998. During investigation, it is alleged that defendant No. 1 made a re-statement before the jurisdiction...
Dilshad Vs. S. Munawar
Court: Karnataka
Decided on: Feb-21-2012
1. Question that arises for our consideration in this contempt petition is:“Whether filing a suit with regard to the same subject matter, without mentioning the final order made in a Writ Petitioner is amounting to Contempt of Court?2. It is stated, by Order dated 09.03.2009. Writ Petition No. 3302/2006 was allowed and the Order has become final, but when the accused filed a suit in O.S. No. 4/2011 on the file of Civil Judge, Chickballapur, he has not mentioned about the Order dated 09.03.2009 and therefore, the accused has committed offence of contempt of Court.3. In spite of service of notice on the accused, he has not entered appearance.4. As per Order dated 09.03.2009 made in Writ Petition No.3302w/2006(GM-KSFC), filed by the present complainant and other against KSFC, the accused and two others, was allowed and the Sale deed dated 26.10.2005 relating to property bearing No. 347 situate at 8th Block, ‘D’ Division, Bagepalli, measuring 20’ x 31’ and con...
State by Asst.Commissioner of Police. Vs. Gopala at Gopalappa, Son of ...
Court: Karnataka
Decided on: Feb-17-2012
JAWAD RAHIM, J.1. State's appeal against acquittal of the respondent for the offences punishable under Sections 324, 504, I.P.C. read with Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.2. Heard learned HCGP representing the State. Counsel for the respondents is absent.3. The material facts relevant for consideration are:a) On the basis of report submitted by PW1-Poojarappa, a case came to be registered against the accused on the allegation that on 16.9.2004 at 9.00 a.m., his daughter PW3-Sudha was going to Lakshmi Memorial School. Accused nos.4 to 7 viz., Katharaj, Satish, Krushti ana Sandeepkumar teased her. Immediately she telephoned to her father-PW1 who rushed to the spot.When PW1 and PW2-Nagendra were proceeding, they saw once again accused nos.4 to 7 were teasing PW3 and they were joined by accused nos.1 to 3, viz., Gopala, Sampangi and Pathi. When PW1 questioned them, they indulged in physical assault, causing injury to the person of P...
Smt. Sebastian Clara Msc. Bed and ors. Vs. the State of Karnataka and ...
Court: Karnataka
Decided on: Feb-17-2012
N. ANANDA, J.1. That petition is held seeking following reliefs:i) The respondents 1 to 4 to correct the title and address of the petitioner as stated below in all the revenue documents and relevant record Smt. Sebastian Clara, Founder President, Clara Education School, Clara Eversome English Medium School (Clara Convent) Residing at Arulmary illam, Annasandra Palya Village, Vimanapura Post, Bangalore-17,ii) Oder the 1st respondent to register the General Power of Attorney And corrected Referees relevant documents and records in favour of the first petitioner before the Registrar in the High Court of Karnataka.iii) Order the 5 respondent to register the settlement of deeds and documents before the Registrar in the High Court of Karnataka in favour of the Stat petitioner and handover the same to the 1th petitioner, Bangalore.iv) Order die 7 and 6 respondent to recognize the petitioners school within seven days from the date of receiving the summon with thev) Order the 12th respondent to...
Santhosh Kumar Son of Ganapathy Bhat. Vs. State by Mudigere Police Chi ...
Court: Karnataka
Decided on: Feb-17-2012
1. The learned Sessions Judge white entrusting the interim custody of vehicle to the R.C.owner has directed the RC.owner to furnish bank guarantee for safe custody of the vehicle amongst other conditions, reading as hereunder:-(a) The petitioner/R.C. Owner shall not change the colour and spare parts of the vehicle and it shall be kept in roadworthy condition.(b) The vehicle shall not be transferred/alienate during the pendency of the proceedings to the third party.(c) The vehicle shall be produced before the respondent or the court as and when called for.(d) Photo of the vehicle bearing Regn. No.KA-35-M-4909 be taken before releasing It and it should be made as part of the records.Intimation may be given to the R.T.O. concerned to make entry in the R.C. records of the said vehicle so as to not to alienate till the disposal of the case pending against the accused.2. The conditions imposed vide (a) to (d) are sufficient to prevent the petitioner from change in the use of vehicle. Even if...
R.H. Raddi Vs. the High Court of Karnataka, Rep., by Its Registrar Gen ...
Court: Karnataka Dharwad
Decided on: Feb-17-2012
Shylendra Kumar,J1. These appeals are by three former Judicial Officers who had retired on attaining the age of superannuation i.e., on completing the age of 58 years, but who were not happy with and had questioned the orders of retiring them compulsorily at the age of 58, by filing writ petitions before this Court, mainly on the ground that they are entitled to continue in service till they attain the age of 60 years.2. It was the stand of the appellants that in terms of Rule 95-A of the Karnataka Civil Services Rules (for short, the Rules), the age of retirement of Judicial Officers shall be raised to 60 years subject to the following conditions viz.,(1) The High Court of Karnataka should assess and evaluate the record of the Judicial Officer for his continued utility well within the time before the attains the age of 58 years by following the procedure for the compulsory retirement under the service rules applicable to him and give him the benefit of the extended superannuation age ...
R.H. Raddi Vs. the High Court of Karnataka, Rep., by Its Registrar Gen ...
Court: Karnataka Dharwad
Decided on: Feb-17-2012
Shylendra Kumar,J 1. These appeals are by three former Judicial Officers who had retired on attaining the age of superannuation i.e., on completing the age of 58 years, but who were not happy with and had questioned the orders of retiring them compulsorily at the age of 58, by filing writ petitions before this Court, mainly on the ground that they are entitled to continue in service till they attain the age of 60 years. 2. It was the stand of the appellants that in terms of Rule 95-A of the Karnataka Civil Services Rules (for short, the Rules), the age of retirement of Judicial Officers shall be raised to 60 years subject to the following conditions viz., (1) The High Court of Karnataka should assess and evaluate the record of the Judicial Officer for his continued utility well within the time before the attains the age of 58 years by following the procedure for the compulsory retirement under the service rules applicable to him and give him the benefit of the extended superannuation a...
State of KarnatakA. Vs. Ningappa, Son of KempegowdA.
Court: Karnataka
Decided on: Feb-16-2012
1. State is in appeal against acquittal of the respondents for the offence punishable under Section 380, I.P.C.2. Heard Sri Raja Subrahmanya Bhat, learned HCGP and the learned counsel for the respondents.3. Prosecution case is accused-Ningappa and Eranna, respondents in this appeal were employed on temporary basis by the Forest Department to work under PWl.K.R.Parameshwara Shetty, Forest Officer. They were posted at Turuvekere Taluk. They worked for over 10 years on daily wages.4. On 12.11.2000, PWl-Parameshwara Shetty found polythene bags stored in the room were less compared to the stock. On suspicion, he enquired from the respondents-accused whose explanation was not satisfactory. On 16.11.2000, he lodged report regarding theft of polythene bags and on the basis of it, investigation commenced. During investigation it was found respondents had sold polythene bags to some person at Mayasandra Gujari and over-sacks to one Somashekar. After seizing the bags and over-sacks, PW1 was summo...
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