Karnataka Court March 2012 Judgments

M/S. Baganeheddal And#8216;cand#8217; Estate, Represented by Its Partn ...

Court: Karnataka

Reported in: 2012(3)KCCR2381

(Prayer: THIS WRIT PETITION IS FILED UNDER ARTICLES 226 and 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO QUASH THE ORDER DATED 27.6.11 VIDE ANNX-F PASSED BY THE RESPONDENT AND ALSO THE DEMAND NOTICE DATED 4.1.11 VIDE ANNX-C AS THE SAID ORDER DATED 27.6.11 IS PATENTLY ERRONEOUS AND ILLEGAL.) 1. Mr. K.M. Shivayogiswamy, learned Additional Government Advocate is directed to take notice for respondent No.2. 2. I do not find any merit in this writ petition and is liable to be dismissed for the following reasons: 3. The petitioner is a partnership firm. It owns a coffee estate at Chickmagalur. The firm was liable to be taxed on its coffee income under the Karnataka Agricultural Income-Tax Act, 1957 for the assessment year 1998-99. The Assessing Authority while concluding the assessment, made an addition of Rs.18,84,000/- to the declared coffee income. He also disallowed expenses of Rs.10,96,330/- under the head 'wages'. This was questioned by the petitioner before the Joint Commissioner...

Sri.Mariyappa at Doddamariyappa Son of Late Avalappa and ors. Vs. Sri, ...

Court: Karnataka

1. This is defendants' writ petition against the order dated 9.12.2011 in MA No.7/24 of 2011.2. The Trial Court had granted temporary injunction in favour of the plaintiff as against which, the defendants - petitioners herein have filed an appeal and the said appeal is pending. In the said appeal, the petitioners have filed an application for interim order of stay. Initially, the Appellate Court has granted the interim order of stay, but thereafter, by impugned order, has modified and has ordered for status quo, Aggrieved by the order of modification, the petitioners are before this Court.3. The main appeal is against the grant of temporary injunction. Considering the nature of injunction granted by the Trial Court, the Appellate Court has only ordered for status quo. Hence, there is no reason to interfere with the said order. However, the Appellate Court may he directed to dispose of the appeal as early as possible not later than 15 days' from the date of receipt of copy of this order...

M.R. Sampath Iyengar Vs. M.R. Ramaswamy Iyengar

Court: Karnataka

(Prayer: This Second Appeal is filed under S.100 of the CPC praying to set aside the judgment dated 16.8.2003 in OS 366/1995 by the Prl. Civil Judge (Jr.Dvn.), Hassan and the judgment dated 22.8.2005 in RA 129/2005 by the Addl. Sessions, Judge, Hassan.) This is a plaintiff’s second appeal. Suit was filed by the plaintiff in OS 366/1995 for permanent injunction against the defendant who is none other than his brother. According to the plaintiff, there were two bakeries – one at Hassan and another at Belur. The bakery run at Belur was given to the defendant and the bakery run at Hassan was reconstituted by way of partnership by the plaintiff and his father and the 1st defendant is an attesting witness for the reconstituted partnership firm/bakery run at Hassan. It is stated, on such reconstitution, business was being run by the father of the plaintiff and himself and the 1st defendant has come out of it. It transpires, the defendant also filed a suit for partition against the...

The Manager Tate Aig General Insurance Co.Ltd and Another Vs. Smt Jyot ...

Court: Karnataka

(Prayer: This MFA is filed U/s 173 (1) of MV Act against the judgment and award dated 18/12/06 passed in MVC No.4238/01 on the file of 14th Addl. Judge, member, MACT, court of small causes, metropolitan area, Bangalore (SCCH-10), awarding a compensation of Rs.9,27,000/- with interest at the rate of 6% p.a. from the date of petitions till deposit.) 1. All these four appeals are filed by the insurer of Maruti Van bearing Regn.No.KA-04-P1165 which was involved in a motor vehicle accident which occurred on 6.3.2004 at about 4.00 am on Chittoor –Thirupathi Road on account of the rash driving of the said vehicle by its driver. 2. On perusal of the records, it is seen that the driver of the said Maruti Van bearing Regn.No.KA-04-P1165 drove the said van on the said date i.e., on 6.3.2004 at 4.00 am in rash manner, dashed against the road side petty shop and caused the accident; in the said accident, all the inmates were severely injured while two of the inmates Ramakrishna Setty and T S ...

Seetha Poojarthy and Others Vs. Panju Poojary and Others

Court: Karnataka

1. The 16th and 17th defendants in O.S. 641/92 aggrieved by the judgment and decree dt. 6/1/2002 of the Prl. Civil Judge (Jr.Dn), Kundapura, declaring plaintiffs and the defendants 1,2,4 to 15 are entitled to 1/16th share, while defendatnts 16 and 17 are jointly entitled to 1/16th share that fell to defendant No. 2 Manja Billava since deceased, in the suit schedule property, preferred R.A. 29/05 before the Court of Fast Track, Kundapura, whence by judgment and decree dt. 27/8/2009 whence the trial court’s finding was modified entitling plaintiffs 1 and 2 and defendants 1,4,5 and 7 to 15 to 1/16th share in ‘A’ schedule property, while defendants 16 and 17 entitled to 1/15th share, jointly, in the suit schedule properties. Hence this second appeal. 2. There is no dispute that one Venkamma Pujarthy had three children namely Anthamma Pujarthy, Manja Billava and Joga Billava. 3. Panja Poojary, the 1st son of Anthamma Pujarthi instituted O.S. 641/92 before the Prl. Civil Ju...

Kempeeregowda Son of ManchegowdA. Vs. Tahasildar Channapatna Taluk and ...

Court: Karnataka

1. A short question that arises for consideration in this writ petition whether the Tahasildar, Channapatna Taluk can auction the crops grown by the petitioners in the disputed land at the instance of the 2nd respondent.2. Admittedly, a civil suit in O.S. No.220/1990 is pending before the Civil Judge (Sr.Dn), Channapatna, in regard to the land in question. There is no order passed by the Civil Court directing the Tahsildar, Channapatna, to auction the crops grown by the petitioners. Based on the application filed by respondent no.2 as per Annexure-H, the Tahsildar has auctioned the crops. This order is called in question in this writ petition.3. Having heard the learned counsel for the parties, it is noticed that the Tahsildar, Channapatna, hats not been appointed as a receiver by any Court and no direction has been issued by the Civil Court to auction the crops grown by the petitioners. When such being the case, the Tahsildar has no right to auction the crops grown by the petitioners....

Sri Prakash Shetty Son of Late K Madhav Shetty. Vs. SirajIn Basha Son ...

Court: Karnataka

1. Heard the learned counsel, Sri.Shashikiran Shetty, for the petitioner and the learned counsel for respondents in respect or the anticipatory bail sought by the petitioner who is arrayed as accused No.7 in PCR No.5/2011.2. The submission of learned counsel, Sri. Shashikiran Shetty, for the petitioner is that the petitioner is placed in similar position as that of accused Nos.1 to 4 and this Court has granted anticipatory bail to accused Nos.1 to 4 and the order passed is also referred to in this connection. Hence, on the ground of parity, anticipatory bail is sought by the present petitioner also.3. Learned counsel, Sri. Nitin R, for the first respondent does not dispute the grant of anticipatory bail to accused Nos. 1 to 4 and the present petitioner also being similarly placed. However, he submitted that in the event of grant of anticipatory bail, same conditions be imposed on the present petitioner also.4. Having thus heard both sides and going though other aspects of the matter an...

U.B. Arif Son of Sri. U.B.HasanbbA. Vs. Ameeta Ahuja Wife of Mr. Vivek ...

Court: Karnataka

1. Learned Counsel for appellant has filed a memo dated 16.3.2012. The memo reads as under:"It is humbly prayed before this Hon'ble Court to grant 12 months time from this day for the appellant IO vacate the schedule premises. Also, the appellant herein seeks 6 weeks time for deposit the arrears of rent of Rs.2 lakhs 07 thousand before this Hon'ble Court in the interest of justice and equity and judgment in O.S. No. 1702/2011 before the Addl. City Civil Judge, Bangalore CCH 27 is accepted."2. The copy of the said memo is also served on the advocate for caveator respondent.3. Learned Counsel for caveator respondent opposes for grant of time of one year.4. Learned Counsel for caveator respondent also files a memo. The memo reads as under :5. The undersigned advocate for caveator respondent is herewith furnish the memo of calculation of arrears of rent.1. Decree amount arrears of rent of Rs. 1,20,550/- upto 30.1 1.2011. Rs. 1,25.550/-2. From 30.11.2011 to till date the balance of arrears....

Sri Poojariarjunappa and ors. Vs. the State of Karnataka and ors.

Court: Karnataka

1. The petitioners are questioning the legality said correctness of the order (Annexure-T) passed by the Tahsildar, Anekel Taluk, dated 23.12.2011, rejecting the request of the petitioner - Poojar Arjunappa to permit his son - Rameeh to carry the 'KB rage' of Dharmarayaswamy Temple on the area of full moon day of Chitra mesa.2. The only grievance of the petitioners before this Court is that the Tahsildar has rejected the request of the 1st petitioner on the ground that the 2nd petitioner had not given any representation to permit him to carry the 'Karga’ on the full moon day of Chitra Mass at Anekal Taluk, Contending that the 2nd petitioner - Ramesh had given the application on 14th March 2011 and without considering the same, the case of the petitioners has been rejected, these petitions are filed.3. The dispute is In regard to performing rituals of 'Karaga' at Dharmerayaswamy Temple, Anekal Taluk. According to the petitioners, they are hereditary archaks and it is their right t...

Smt K.KamalA. Wo Dr.G.Bhaskara MaiyA. Vs. the State of KamatakA.

Court: Karnataka

1. The petitioner has filed this petition seeking to quash the proceedings in C.C.No.2092/2006 registered against the petitioner for the offence punishable under Section 309 IPC on the file of Addl. Civil Judge (Jr.Dn.) & JMFC, Kundapura, Udupi District.2. Petitioner is working as incharge Head Mistress at Zilla Panchayat Modern Higher Primary School Karkada. Udupi Taluk. Due to ill-treatment, black mail tactics and anonymous complaints written against the petitioner by one V.G.Maiya @ Venkatesh Maiya, President of School Development Management Committee [SDMC], Zilla Panchayat Modern Higher Primary School Karkada, Udupi Taluk, the petitioner attempted to commit suicide by taking B.P. tablets in excess and also tried to hang herself to the fan by keeping a suicide note dated 23.12.2005. However, due to the timely medical treatment, the petitioner was survived.3. Thereafter, the respondent-Police registered a case in Crime No. 199/2005 against V.G.Malya for the offence punishable un...