Karnataka Court June 2012 Judgments

Halerangaiah (Since Dead) by His L.R. Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: 2012(5)KantLJ172; 2012(5)KarLJ172

(Prayer: The Writ Petition is filed under Art.226/227 of the Constitution praying to quash the order dated 17.6.2003 annexure Q by the Land Tribunal, Nelamangala.)Petitioner has sought for quashing the order of the Land Tribunal, Nelamangala in LRF BGH 5/75-76 on 17.6.2003 annexure Q and for a direction to the Land Tribunal to grant occupancy rights in his favour in respect of Sy.No.29/4A measuring 1.29 acres and 29/4B measuring 1.32 acres situate at Beeerabondanahalli Village, Nelamagala Taluk.According to the petitioner who is the son of Halerangaiah, his father was cultivating the lands in question since 1965 on gutta basis under the lease deed executed by Abdul Sattar and had been enjoying the property as a tenant. He filed Form 7 for grant of occupancy rights based on the lease deed of 1965. Originally the Land Tribunal based on inquiry, granted occupancy rights during March 1979 as per annexure B in LRF/BGH 5/76-77. According to the petitioner, there is a guttige karar entered in...

Tumkur District Central and anr. Vs State of Karnataka Department of C ...

Court: Karnataka

(Prayer: This writ petition is filed under Articles 226 and 227 of the constitution of India with a prayer to quash the notification dated 13.06.2011 and etc.)1. In these writ petitions have prayed for a writ in the nature of certiorari to quash the government notification dated 13.06.2011 Annexure-F.2. The petitioner in W.P. No. 45889/2011 is District Central Cooperative Bank at Tumkur and petitioner in W.P.No. 7398/2012 is the South Canara District Central Cooperative Bank, Mangalore. The petitioner - banks are registered under the Karnataka Cooperative Societies Act (for short the Act). The petitioners are engaged in banking business. The financial assistance to these petitioners are founded by the National Bank for Agricultural and Rural Development (for short NABARD) through the Apex Banks at the State level. The petitioners in-turn are extending financial assistance to Taluka Agricultural Societies and Primary Societies.3. The first respondent Government of Karnataka by exercisin...

State Bank of KarnatakA. Vs. R.K. Powergen Pvt Ltd and ors.

Court: Karnataka

1. State of Karnataka is in revision before us under Section 15-A of the Karnataka Tax on Entry of Goods Act 1979 (the Act for brevity) questioning the correctness and legality of the order passed by the Karnataka Appellate Tribunal, Bangalore on 29-03-2012 in STA Nos.1614-1618/2008.2. Under the impugned order by the Tribunal had allowed the appeals of the assessee and had opined that the respondent-assessee has no tax liability in respect of the goods such as twist drills, cutters, reamers, taps etc which the assessee had caused entry into the local area for use, consumption or sale. Tribunal so opined and reversed the orders of the Assessing Authority and the First Appellate Authority, who had taken the view that these goods brought into the local area by the assessee for use, consumption or sale, attract the tax as goods covered under Entry-52 of the I Schedule to the Act. Five appeals before the Tribunal related to the assessment years 2001-02, 2002-03, 2003,04, 2004-05 and 2005-06...

Karnataka Lokayukta, Bangalore. Vs. Canara Union Co-operative Hsg Soci ...

Court: Karnataka

Reported in: 2012(4)KantLJ230; 2012(4)KarLJ230

K.L. Manjunath, J.1. Head the learned Counsel for the appellant, Additional Government Advocate for respondents 5 and 6 and Sri Sreevatsa, learned Senior Counsel for respondent 2.Being satisfied with the cause shown by the appellant, delay in filing the appeals is condoned. Misc. W.No.11466 of 2010 is allowed.By consent, appeals are heard on merit.2. The facts leading to these appeals are as hereunder:Seven Housing Co-operative Societies registered under the provisions of Karnataka Co-operative Societies Act, 1959 questioned the report submitted by the Karnataka Lokayukta in W.P.Nos.5253, 5821 and 2621 of 2007 and in W.P.No.11520 of 2006, dated 16-6-2009 (Spartacus Flat Owners Co-operative Society Limited, Bangalore v. Government of Karnataka and Others (2012 (4) Kar.L.J. 226). The contention of the writ petitioners before the learned Single Judge was whether the amendment provision under Act 6 of 2001 was prospective with effect from 1.4.2001 or with retrospective effect. It was conte...

Ombalamma and ors. Vs. the Assistant Commissioner Mandya Sub Division ...

Court: Karnataka

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the orders dt. 30-11-2001 passed by R.1 vide Annex. H and orders dt. 22-3-04 passed by R.2 vide Annex. H.1, etc.)1. Order dt. 30-11-01 passed by the Assistant Commissioner, Mandya sub-division, Mandya, confirmed in appeal by the Deputy Commissioner, Mandya, vide his order dt. 22-3-04, thereby rejecting the claim made by the petitioner, seeking resumption and restoration of the site in question is called in question in this writ petition.2. Petitioner claims to be the grand daughter of late Kivudamma. Site bearing No. 22 situated within the limits of Maddur Town Municipality was granted to late Kivudamma, wife of late Kari Chikkaiah on 29-10-73. Admittedly, this grant was made by the Chief Officer, Maddur Municipality, Maddur, based on the resolution passed by the Maddur Municipality.3. It is the case of the petitioner that as the grant was made in favour of Kivudamma who belong...

Junjamma Alias Thayamma and ors. Vs. the Oriental Insurance Co Ltd and ...

Court: Karnataka

(Prayer: This MFA is filed u/s 173(1) of MV Act against the judgment and award dated:21.08.2010 passed in MVC No.1679/2008 on the file of the principal Senior Civil Judge and MACT, Tumkur, dismissing the petition for compensation.)1. The claimants in MVC.No.1679/2008 on the file of Principal Senior Civil Judge & MACT, Tumkur, have come up in this appeal challenging the judgment and award dismissing their claim petition on the ground that deceased Honnappa who is the husband and father of claimants 1 to 3 and sons of claimants 4 and 5 before the Tribunal was the pillion rider at the time of accident, hence the dependants are not entitled to seek compensation.2. It is not in dispute that said Honnappa was the owner of vehicle involved in the accident and was pillion rider at the time of accident, which has caused his death. The claim petition filed by legal representatives of deceased Honnappa is dismissed on the ground that he being the owner of vehicle and also pillion rider, claimants...

Arasukumari and ors. Vs. the State of Karnataka and ors.

Court: Karnataka

(Prayer: These Writ Petitions filed U/A 226 & 227 of constitution of India praying to quash the notification dated 11.4.2011 marked at annexure-E as the same is opposed to section 82 to 85 of the Karnataka Municipal Councils Act, 1976 and violative of Article 14, 16 and 21 of the constitution of India.)1. In these writ petitions the petitioners have prayed to declare the Karnataka Municipal Corporation (Common Recruitment of Officers and Employees) Rules, 2011 (for short Rules 2011) as unconstitutional and for other reliefs.2. Prior to 1976 different legislations were in force in different parts of the State of Karnataka governing the municipal administration. In order to bring all the municipal establishments under a single enactment the Government of Karnataka enacted Karnataka Municipal Corporation Act 1976 (for short KMC Act). Consequently the Karnataka Municipal Corporation Rules, 1977 came into force (for Short Rules 1977). Rule 10 to 26 of Chapter VI of Rules 1977 deals with...

Amit NitIn Shirgurkar and Another Vs. the Belgaum Urban Development Au ...

Court: Karnataka Dharwad

1. The petitioner in Writ Petition No.68630/2011 is the owner of the land bearing Sy.No.116/1 measuring 36 guntas situated at Belgaum. The Comprehensive Development Plan (CDP for short) in respect of Belgaum City was published by the concerned planning Authority in the official Gazette on 13.1.1994. In the CDP, the land in question was earmarked and designated as open space. The said opens pace was not acquired for a period of five years from the date of publication of the CDP. The petitioner made an application before the planning Authority praying for permission to utilize the land for residential purpose.The planning Authority acting under Section 69(2) of the Karnataka Town and Country Planning Act. 1961 (the Act for short) permitted the petitioner to utilize the land bearing Sy.No.116/1 for residential purpose since the designation assigned to the land in question has lapsed after five years. Thereafter the petitioner made an application before the Deputy Commissioner for conversi...

Adilakshmamma and ors. Vs. the Deputy Commissioner and ors.

Court: Karnataka

(Prayer: This writ petition is filed under Articles 226 and 227 of the constitution of India with a prayer to issue writ of certiorari and quash the impugned order in R.A. No.14/08-09 dated 24.8.2009 on the file of R-1, Deputy Commissioner, at Ann-D and consequently to uphold the order passed by the R-2, Asst. Commissioner, in RA(G) 3/07-08 dated 3.9.2007, at Ann-C and further direct the R3, Tahsildar to continue the revenue entries in the name of petitioner vide order in MR.21/74-75 in terms of by virtue of sale deed dated 15.4.1974.)1. The petitioner has sought for quashing of the order passed in R.A.No.14/08-09 dated 24.8.2009, Annexure D whereunder the revision filed by petitioner under Section 136(3) has been allowed and the order passed by second respondent dated 3.9.2007, Annexure C has been set aside.2. The facts in brief leading to the filing of this writ petition are as under:One Sri Gangi Reddy purchased the property bearing Sy.No.48 measuring 3 acres 33 guntas situated at J...

Malaprabha Co-operative, Rep by Its Incharge Managing Director. Vs. Bu ...

Court: Karnataka

Reported in: 2012(3)KCCR2304

(Prayer: This appeal is filed under Section 96 of the Code of Civil Procedure, against the Judgment and decree dated 18.08.2003 passed in O.S.No.6949/1991 on the file of the XXXI Additional city Civil Judge, Bangalore (CCH-14), decreeing the suit for recovery of money.)1. Defendant in O.S.No.6949/1991 on the file of the Additional City Civil Judge, Bangalore, has come up in first appeal impugned the Judgment and Decree dated 18.08.2003 passed in the said case.2. Brief facts leading to this appeal are as under:Appellant herein is defendant and respondent is plaintiff in O.S.No.6949/1991, which was filed for recovery of amount due in a sum of Rs.13,93,226/- together with interest at 18% p.a., from the date of the suit till realisation on the ground that the said amount is due from the defendant on account of construction of factory by the plaintiff for and on behalf of defendant Society at the place of its work in Saundatti, Belgaum District.3. The facts which are not in dispute are that...