Karnataka Court April 2012 Judgments

RanialingegowdA. Vs. SidduregowdA.

Court: Karnataka

1. This is a plaintiffs second appeal aggrieved by the judgment and decree passed by the Addl. Civil Judge (Sr.Dvn.). Mandya in RA 4/2004 on 6.8,2005 reversing the judgment and decree in OS 241/2002 by the Prl Civil Judge (JnDvn.), Mandya on 2.12.2002 Plaintiff filed a suit for declaration and permanent injunction against the defendant in respect of the suit property. It is stated, one Lingegowda S/o Hotle Lingegowda hid no issues. Lingegowda took the father of the plaintiff in adoption as per customs and all essential ceremonies were performed at the time of adoption ceremony which took place about seventy years back. Thus, the father of the plaintiff became a member of the family of Lingegowda. Lingegowda and the father of the plaintiff were lining together as co parceners by enjoying the properties of Lingegowda. Lingegowda and his brothers were divided and several properties had fallen to his share under the partition and separate khata and revenue entries were made in the name of ...

Sri. M.S.Govindaraju, Son of Late S. SheshannA. Vs. the State of Karna ...

Court: Karnataka

1. Learned counsel for the respondents draws attention to the prayers in the writ petition, which is to the effect that the respondents be directed to pay to the petitioners Gratuity in terms of the decision of the Full Bench in N.S. Srinivasamurthy and Others Vs. The Registrar of Co-operative Societies in Karnataka and Others [ILR 2003 KAR 4858], together with interest at the rate of 12% p.a., because of belated payment. Learned counsel for Respondent No.3 states that a decision shall be taken in this regard, within six weeks from today. Ordered accordingly.2. The appeals are disposed of in these terms....

Naga at Kothi Naga, Son of Basava Linge GowdA. Vs. K.R.S. Police Stati ...

Court: Karnataka

1) Petitioner, who has been arraigned as Accused No. 14 in S.C. No. 138/2008 before Fast Track Court-I. Mandya, is facing trial for the offences punishable under Sections 143, 302 r/w. 149 IPC.2) The petitioner was apprehended during investigation of the case and later he was ordered to be released on bail by this Court in criminal petition No.6309/2009 subject to conditions. After committal of the case to the Court of sessions on 03.03.2010. He remained absent before the Court, therefore, non-bailable warrant was ordered for his arrest. However, on 22.03 2010. the petitioner voluntarily appeared before the trial Court. Therefore, he was taken to custody and remanded to judicial custody. Thereafter, he filed application under Section 439 of Cr.P.C. for grant of bail, but the same came to be dismissed. Therefore, the petitioner is before this Court.3) The petition is opposed by the Respondent-State mainly on the ground that this petitioner is not a law-abiding citizen and he has misused...

Chandrappa Son of Subbe GowdA. Vs. the State of KarnatakA.

Court: Karnataka

1. In this petition filed under Section 438 Cr.P.C, the petitioner who has been arrayed as accused No.1 in FOC No.45/11-12 of Range Forest Officer (for short "RFO"), Hanagere Wild Life Division. Arasalu of Shimoga Taluk has sought for relief of anticipatory bail.2. According to the case of the prosecution. RFO, Hanagere Wild Life Division. Arasalu. received credible information on 18.1.2012 about some persons illegally felling trees in the reserved forest and stalking them for the purpose of transportation etc. Immediately, IFO secured the presence of panchas, apprised them about the information received by him and along with his staff and panchas went near the house of this petitioner Chandrappa son of Subbe Gowda situated in Demalapura. On seeing the official jeep and the forest officials, four persons who were working in the trench near the house of the petitioner ran away from the place. However one among them was identified as Chandrappa son of Subbe Gowda, the petitioner herein. ...

Sri. Ramaiah, Son of.Chikkavenkatappa and ors. Vs.Sri. Muthurayaswamy ...

Court: Karnataka

1. The present appeal coming on for admission, is considered for final disposal, having regard to the limited ground of challenge.2. The appellant was the defendant before the trial Court in a suit for perpetual injunction. The suit, however, was dismissed on account of default of the plaintiff in prosecuting the suit. While disposing of the suit, the Trial Court has made an observation to the effect that Sri Muthurayaswamy Devaru, the deity of a temple in Bhogenahalli village, in which the suit schedule property is situated, as the owner of the suit property. The appellant is aggrieved by that declaration by the Trial Court though the suit was for bare injunction. The learned counsel for the appellant would contend that since he has filed a suit for declaration of title in respect of the very suit property, the observation and declaration by the Court below in the impugned judgement, militates against the pending suit filed by the appellant and he is foreclosed from seeking a declarat...

Sri. Manjunath Adiga Son of Late Prabhakar AdigA. Vs. the State of Kar ...

Court: Karnataka

1. The petitioner who has been arraigned as accused No.3 in Crime No.333/11 of Ulsoor Police Station, Bangalore is accused of having committed the offences punishable under Sections 408. 420, 465; 468, 469, 477(A) read with 34 IPC.2. The petitioner was apprehended on 13.1.2012 and on the same day he was remanded to judicial custody. As the Investigating Officer did not file the final report within the statutory period of 60 days as required by proviso (ii) to sub-section (2) of Section 167 Cr.P.C. the petitioner fifed petition under Section 167(2) Cr.P.C. before jurisdictional Magistrate seeking to enlarge him on bail expressing his desire to furnish the bail and surety. However, the said application came to be rejected by the learned Magistrate mainly on the ground that the petitioner was out of custody on the basis of temporary bail granted by this Court in Crl.RNo.1100/12 from 14.3.2012 to 25.3.2012 and if that period is excluded, the total period of custody on the date of the filin...

P. Ashwini Wife of. J. Naaraju. Vs. the Executive Engineer (Ele) Divis ...

Court: Karnataka

1. In this writ petition, petitioner is calling in question Annexure-Q notice dated 22.03.2012 issued by the Assistant Executive Engineer (Electrical). Shiddlaghatta, calling upon the petitioner to remit a sum of Rs.99,288/- towards the amount payable as a result of back billing within a period of fifteen days from the date of receipt of the notice and also to file objections of any to the proposal made. The amount is arrived at on the basis of the alleged misuse of electricity by the petitioner from the electrical installation given to Sy. Nos. 17/3, 17/4 and 17/5 of Venkatapura Village in Shiddlaghatta Taluk of Chikkaballapur District.2. The grievance of the petitioner is that without even providing any opportunity to the petitioner to have his say in the matter, the respondent-Authorities are threatening to proceed to recover the amount by adopting coercive methods contrary to the provisions contained under the Electricity Act. 2003 (for short 'the Act).3. The respondents have enter...

A. Gopal Vs. State of Karnataka and Another

Court: Karnataka

1. Petitioner has sought for declaration that the entire proceedings initiated by the second respondent under Sections 17 and 19 of the Bangalore Development Authority Act, 1976 are null and void in respect of the petitioner’s land bearing Sy.No.55/6 of Hennur village, Kasaba Hobli, Bangalore measuring 120 feet x 480 feet. He has also sought for direction to the respondents to consider the case of the petitioner for denotification of the land bearing Sy.No.55/6 of Hennur village, Kasaba Hobli, Bangalore.2. The records reveal that Sy.No.55/6 of Hennur village measures about 2 acres 18 guntas. According to the petitioner, he is the owner of the said property. The entire Sy.No.55/6 along with various other properties same to be acquired by the respondents for formation of H.B.R. Layout by issuing preliminary notification dated 27-6-1978 and the final notification dated 8-1-1985. After about 10 to 12 years, it seems Karnataka Dalith Action Committee gave a representation for denotify...

The State of Karnataka and Others Vs. Fisheries Welfare Co-operative S ...

Court: Karnataka

Reported in: 2012(2)KCCR1341; 2012(4)KLT33(SN)(C.No.31)

(Prayer: These appeals have been filed u/s. 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 26938/2010 (GM-RES) dated 01.09.2010.) 1. This reference under section 7 of the Karnataka High court Act 1961 has been received in these circumstances. A learned Single Judge following Sri Krishna Fisherman Co-operative Society Limited - Vs- State of Karnataka, represented by its Secretary, Department of Animal Husbandary and Fisheries [ILR 2009 KAR 189] had on 01.09.2010 issued a mandamus to the effect that fishing rights in the state shall be by tender/ public auction with reference to the Government Order dated 26.02.2006 and not by private negotiations. Writ Appeal No. 3829/2010 preferred by the State of Karnataka, was admitted on 02.12.2010. In the interregnum, Writ Appeal No. 2/2011 came to be filed by Shri Mahatma Gandhi Kere Balakedarara Sangha (R) also assailing the very same order of the learned single Judge dated 01.09.2010; and i...

The Special Land Acquisition Officer, Mysore Vs. Chennabasavegowda

Court: Karnataka

1. The Special Land Acquisition Officer has preferred this miscellaneous second appeal aggrieved by the common judgment and award dated 13-4-2009 of the I Additional Civil Judge (Senor Division), Mysore, insofar as it relates to LAC No.635 of 2007 enhancing the market value of the land measuring 0.01 guntas in Sy.No.19/2 of Megalapura Village, Mysore Taluk, belonging to the respondent, from Rs.67,700/- to Rs.3,35,412/- per acre and the judgment and award dated 29-7-2010 in LACA No.206 of 2009 of the Principal District Judge, Mysore, dismissing the appeal.2. There is no dispute that the State, in exercise of its eminent power, acquired lands measuring 0.01 guntas in Sy.No.19/2; 0.06 guntas in Sy.No.72/3; 12 guntas in Sy.No.79/1 and 0.03 guntas in Sy.No.62/1, amongst other extents of land at Megalapura Village, Mysore Taluk, by issuing preliminary and final notifications under the Land Acquisition Act, 1894 (for short, ‘the Act’), for a public purpose to with “Varuna Na...