Karnataka Court May 2012 Judgments

H.S. Shivaswamy Vs. H.S. Raghavendra and Others

Court: Karnataka

Reported in: 2012(3)KCCR2169

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 12.10.2009 in Execution Case No.12/2005 on the file of the Civil Judge (Jr.Dn.), Shringeri, etc.)1. The petitioner had filed a suit in O.S.No.106/1998 on the file of the Civil Judge (Jr.Dn.) and JMFC, Sringeri, for permanent injunction restraining the respondents herein or any person claiming under them from removing earth from the channel or causing damage to the road leading to his house from Begane-Sringeri main road. The suit was decreed on 21.1.2003. The petitioner filed Execution Case No.12/2005 for the execution of the said decree. In the said case, the petitioner has not only sought for arrest and detention of the judgment debtor in the civil prison but also police protection for fencing ‘A’ schedule property.2. The respondents have opposed the execution petition by filing their objections.3. H.S. Shivaswamy, the petitioner/decree holder got...

G.M. Venkatareddy and Another Vs. the Deputy Commissioner, Kolar Distr ...

Court: Karnataka

Vikramajit Sen, C.J.:1. The common question which arises in all these appeals is whether the decisions declaring the sale transaction in favour of the Appellants violates the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act 1 1978 (Hereinafter referred to as ‘the PTCL Act’ for the sake of brevity).While we deal with the specific facts and contentions of each case later, at the outset, we preface this judgment with the legal framework within which the aforesaid question arises.2. Succinctly stated, the lands in question had been allotted by the Government, to persons belonging to the Scheduled Caste and Scheduled Tribe (earlier compendiously termed as the ‘depressed classes’) on Grants which contained covenants prohibiting the transfer or alienation of such land in perpetuity or for a term of years. The Hon’ble Supreme Court has rejected a challenge to the constitutional validity of the PTCL Ac...

The Aeronautical Development Agency (Sponsored by the Govt. of India, ...

Court: Karnataka

(Prayer: These Writ appeals are filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.19936-38/1999 c/w 13829-32/1999 c/w 9564-68/1999 and 22337/1999 dated 18.03.2005.)Vikramajit Sen, C.J.1. It will indeed be a travesty of justice when Courts decline to protect the livelihood of a person who has had the good fortune to receive employment. There is so much debate on whether there can be any meaning or substance in the fundamental right to life if it is bereft of the assurance of income through work. The Republic of India should rightly be proud of schemes guaranteeing, even to a limited extent, rural employment. If the progress of our country cannot be lauded it is on account of the manifestation of the rich getting richer whilst the lot of the vast majority remains stagnant, is reason for regret. Eagerness for engagement in service cannot become a crime unless it is procured by illegal means. This is how we preface the prese...

Smt. Anitha Louis Doghtor of Sri K.T Louis. Vs. the Oriental Insurance ...

Court: Karnataka

1. This is a claimants appeal seeking for enhancement of compensation in respect of the injuries sustained in a motor accident.2. For the sake of convenience, the parties in this appeal would be referred to by their rankings as they are arrayed in the claim petition before the Tribunal.3. The brief facts of the case are:-The claimant instituted claim petition under Section 166 of the Motor Vehicles Act seeking for compensation in respect of the injuries sustained in a motor accident. U is her case as on 2.2.2005. the date of the accident. she was aged 22 years and she was prosecuting her studies in Engineering in 7"' semester. According to the petitioner, on 2.2.2005 at about 1.00 PM she was proceeding as a pillion rider in the motor cycle bearing No. KA04-R 3493 on Bangalore-Bellary Road. While their motor cycle was near the Railway Gate at Allalasandra a lorry bearing registration No. CAM 6996 driven by its driver in a rash and negligent manner came and dashed against the motor cycle...

B. Sridhara Murthy Vs. the Bangaluru Development Authority 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/letter dated 18.8.2009 forwarded under letter dated 9.10.2009, vide Annexure-V issued by the second respondent to the petitioner and direction to the respondents not to take any action against the petitioner with regard to his Site No.5/A situated at Koramangala 1st‘A’ Block, Industrial Layout in any manner without taking de recourse to law.)1. Since the matter has had a checkened history and, in fact, the present writ petition is the fourth round of litigation between the parties, in order to appreciate the material question raised, it would be necessary to take notice of the foundational facts.2. Bangalore Development Authority, on 2.5.1985, allotted to the petitioner, Industrial Site No.5/A, measuring 60’ x 530’, situated in Koramangala 1st ‘A’ Block, Bangalore (for short ‘site in question’). On 3.5.1985, petitioner ...

Eshwarappa and Others Vs. the Deputy Commissioner Shimoga District and ...

Court: Karnataka

Reported in: 2012(3)KCCR2376

(Prayer: This petition is filed under Articles 226 AND 227 of the Constitution of India, praying to quash the order passed by the Deputy Commissioner, Shimoga, IN R.A.NO.4/2003-04 DT. 16.04.2005 Vide Annexure-M and the order passed by the Karnataka Appellate Tribunal In Revision No. 305 OF 2005 ST. 25.03.2009 Vide Annexure-N AND ETC.,)1. Writ petition is by persons who claim to be in possession and cultivation of an extent of 1 acre 20 guntas of land in Sy No 38/23 of Sanyasi Kodamaggevillage, Bhadravathi taluk, Shimoga district, since 1979 or before and earlier through their predecessors.2. Writ petitioners are aggrieved by the order dated 25-3-2009 passed by the Karnataka Appellate Tribunal, Bangalore in Revision petition No 305 of 2005, dismissing the revision petition and affirming the order dated 16-4-2005 passed by the Deputy Commissioner, Shimoga district in RA NO 4/2003-04. Writ petitioners have sought for quashing both these orders.3. Order dated 16-4-2005 passed by the Deputy...

G.M. Venkatareddy and Others Vs. the Deputy Commissioner, Kolar Distri ...

Court: Karnataka

(Prayer: This writ appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the Order passed in Writ Petition Nos. 17475/2004 dated 31.03.2009,40215-40229/2010(SC/ST) dated 25.07.2011, 36858/10 (SC/ST) dated 3.1.11, 12160/2011 (SC/ST) dated 02.06.2011, 369/10(SC/ST) dated 03.12.2010, 370/2010 (SC/ST) dated 03.12.2010, 376/2010 (SC/ST) dated 03.12.2010, 375/2010 (SC/ST) dated 3.12.10, 372/2010 (SC/ST) dated 03.12.2010, 41128-29/2010 (SC/ST) dated 25.05.2010, 389/2010 (SC/ST) dated 03.02.2011, 19960/2010 (SC/ST) dated 11.01.2011._Vikramajit Sen, C.J.1. The common question which arises in all these appeals is whether the decisions declaring the sale transaction in favour of the Appellants violates 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’ for the sake of brevity).While we deal with the specific facts and contentions of each cas...

Veerabhadragowda and Another Vs. the Manager Canara Bank, Bankapur Vil ...

Court: Karnataka State Consumer Disputes Redressal Commission SCDRC

K. Ramanna, President 1. Both the appeals have been preferred by the respective appellants/complainants, challenging the correctness and legality of the order of dismissal of their complaints passed by the DF, Haveri in Complaint Nos. 267/2010 and 259/2010 connected with other cases vide order dated 07.09.2010 and 06.09.2010 respectively on various grounds. 2. That apart they have also filed I.A. I under Section 5 of the Limitation Act to condone the delay of 95 and 105 days caused in preferring their appeals and I.A.II U/O 41 Rule 27 CPC seeking permission to produce the Record of Rights stated to be for the year 2003-04 in respect of their lands. In support of I.A. I and II they have also filed affidavit evidence explaining the cause for the delay in preferring the appeal and to permit them to produce the documents. 3. Though separate order has been passed by the DF in the aforesaid complaints of the appellants/complainants, the reasons assigned in dismissal of their complaints are o...

Advocates Association Bangalore, Rep. by Its President K.N. Subba Redd ...

Court: Karnataka

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to Direct the R4 to R22 to telecast/publish the clippings and videos showing the assault on innocent lawyers vide Annex-A and B.)Per Ajit J. Gunjal J.,1. An unsavory incident which took place on 2nd of March 2012 has resulted in a spate of writ petitions being filed before this Court seeking various reliefs including one for a direction to the State Government to entrust the Investigation to the Central Bureau of Investigation (for short ‘CBI’). Various reliefs were sought for in the said writ petitions including a direction to some of the respondents, who are electronic media houses to telecast the clippings and videos showing the assault on innocent lawyers and also a direction to the Union of India to initiate action against Media for telecasting/publishing false information in the electronic and print media against the Advocates and for host of other reliefs.2. Bef...

Smt B. Vijayakumari Pillai Vs. the Management of Indian Institute of S ...

Court: Karnataka

(Prayer: THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE PRESIDING OFFICER OF THE PRL, LABOUR COURT, BANGALORE. IN ID.NO.52/97 ON HER FILE, AND QUASHING HER ORDER OF EVEN NUMBER DT. 1.12.05 VIDE ANN-A.)1. These two writ petitions are filed calling in question award dated 01.12.2005 passed by Principal Labour Court, Bangalore in I.D.No.52/1997 whereunder dispute raised has been allowed in part by setting aside the order of termination dated 07.05.1997 with a direction to the management to reinstate petitioner to her original post with continuity of service and without back wages.2. W.P.5361/2006 is filed by the management of Indian Institute of Science (hereinafter referred to as ‘management’ for sake of convenience) being aggrieved by the award above referred to whereunder it has been directed to reinstate the petitioner to her original post with continuity of service.3. W.P.No.3355/2007 is filed b...