Karnataka Court February 2013 Judgments
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K.L. Ramesh, Bangalore Vs. Bangalore Development Authority, Rep. by It ...
Court: Karnataka
Decided on: Feb-28-2013
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that the scheme published by the Government of Karnataka by virtue of the preliminary notification dt. 6.4.1989 under Section 17(1) of the Act vide Annex-F and final declaration dt. 18.5.1994 under Section 19(1) of the Act vide Annex-G in respect of Sy.No.4/2 measuring 3 acres 9 guntas situated at Yelechenahalli village, Uttarahalli Hobli, Bangalore South Taluk is lapsed. 1. Petitioner claiming to be the owner of land measuring 3 acres and 9 guntas in Sy.No.44/2 amongst other extents of land in Sy.Nos.44/1A, 44/1B and 45 at Yelechenahalli, Uttarahalli Hobli, Bangalore South Taluk, aggrieved by the notification dated 29.12.1988 gazetted on 6.4.1989 issued under Section 17(1) of the Bangalore Development Authority Act 1976, for short ‘Act’ and the final declaration dated 9.5.1994 gazetted on 18.5.1994, filed W.P.No.34243/1994 whence, learned Single Judge by order da...
M.V. Subba Rao and Another Vs. Land Acquisition Officer, Dist Raichur ...
Court: Karnataka Gulbarga
Decided on: Feb-28-2013
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 20-11-2007 passed by the learned Civil Judge, (Sr.Dn.), Lingasugar, in EP No.19/2007 vide Annexure-L, restore the Execution Petition and dismiss/overrule the objections filed by respondents vide Annexure-H, E.P. No.19/2007, dated 20-08-2007.) 1. This writ petition is filed by the Decree Holder challenging the order passed by the Executing Court upholding the objection of the Judgment Debtor that the Decree Holder is not entitled to payment of interest prior to the issue of notification under Section 4(1) of the Land Acquisition Act, 1894, which is hereinafter referred to as the Act. 2. The petitioners were the owners of land bearing Sy.No.12(A) and 12(AA) measuring 2 acres 12 guntas of Singapore Village in Sindhanoor Taluk, Raichur District. The said land was notified for acquisition for the construction of Ayacut Road from RG Road to Kakkargol Village....
Hanamant Ganapati Kaluve Vs. Mrs. Drakshayini
Court: Karnataka Dharwad
Decided on: Feb-28-2013
(Prayer: This Rfa filed U/S. 96 of Cpc, against the Judgment and decree dtd:15.09.2012 passed in O.S.No.53/2012 on the file of the Prl. Senior Civil Judge at Athani, dismissing the suit filed for specific performance of contract.) 1. Though this appeal is listed for admission with the consent of the counsel on both sides, it is heard finally. 2. The plaintiff in O.S.No.53/2012 has filed this appeal, assailing the judgment and decree passed in O.S.No.53/2012. 3. It is the case of the plaintiff that the suit property is an agricultural land measuring 1 acre 9 guntas at Moje Athani in Sy.No.9/7D out of a larger extent of 8 acres 31 guntas. The defendant and her sons and daughters who are the owners of the suit property, had executed a registered agreement to sell in favour of defendant on 04/09/2010 before the Sub-registrar, Athani for the sale of the property. The defendant on account of legal necessity in order to discharge the bank debt, in December, 2010 negotiated with the plaintiff ...
Balappa and Others Vs. the Assistant Commissioner, and L.A.O. Koppal a ...
Court: Karnataka Dharwad
Decided on: Feb-28-2013
(Prayer: This Miscellaneous First Appeal Is Filed Under Section 54(1) Of The La Act Against The Judgment And Award Dated 10.08.2001 In Lac No.196/2000 On The File Of Senior Civil Judge, Koppal, Partly Allowing The Reference Petition For Compensation And Seeking Enahancemet Of Compensation.) 1. M.A. No.24/2001 filed in the District Court at Koppal was returned on the ground of want of pecuniary jurisdiction and for presentation before this Court. The said order was passed on 17.04.2006. However, the returned appeal memorandum was obtained only on 17.03.2012 and was presented in this Court on 19.03.2012, by paying further Court fee of Rs.15/- and with defects. 2. Heard the learned counsel on both sides. Accepting the cause shown, delay in filing this appeal is condoned, denying interest for the delay period on the enhanced award amount, if any, to the appellants, as and when and when the appeal is decided. I.A.No.01/2013 is allowed accordingly. 3. In view of Section 19 of the Karnataka C...
Gangawwa Rep. P.A. Holder, Ulavappa Vs. the Special Land Acquisition O ...
Court: Karnataka Dharwad
Decided on: Feb-28-2013
(Prayer: Respondents this miscellaneous first appeal is filed under Section 54(1) of the La Act against the Judgment and award dated 18-07-2011 passed in Lac.No.87/2010 on the file of Senior Civil Judge, Bailhongal, partly allowing the reference petition for compensation and seeking enahancement of compensation.) 1. Heard Shri K. Anand Kumar, learned advocate for the appellant and perused the appeal memorandum. 2. This appeal was filed on 14.08.2012 with defects, by paying nominal Court fee of Rs.15/- as against Rs.4,170/-, in terms of the valuation slip annexed to the appeal memorandum. DCF of Rs.4,170/- was paid on 18.02.2013. The appellant has sought enhancement of compensation at the rate of Rs.3,00,000/- per acre along with all statutory benefits. The land acquired was 32 guntas. Reference Court has awarded Rs.2,48,000/- per acre. Enhancement sought in this appeal is Rs.41,000/- per acre i.e., over and above the one awarded by the Reference Court. The total enhancement of compensa...
Chandrayya Vs. the Registrar, Karnataka University
Court: Karnataka Dharwad
Decided on: Feb-28-2013
(This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that his retirement on 01.06.2006 on the basis of the school entry vide Annexure: was premature and by holding his date of birth as in Annexure:'A' is correct as compared to entry in school certificate. Further, it is also prayed to hold that there is short of 17 months service and he was eligible to extend further 2 years under government policy and etc.) 1. Petitioner joined service of the respondent as a Junior Assistant on 28.03.1976, on the strength of having passed SSLC examination. While joining service, petitioner produced School Leaving Certificate, as at Annexure - R-1, wherein his date of birth has been entered as 01.06.1948. The petitioner having completed the age of superannuation - 58 years, the respondent issued Annexure - H, regarding retirement of the petitioner from service with effect from 31.05.2006. The respondent issued an office order dated 12.05.2006 as at Ann...
Dr. S.K. Guharoy Vs. State of Karnataka, by Hebbal Police Station, Ban ...
Court: Karnataka
Decided on: Feb-27-2013
(Prayer: This Criminal Petition is filed under Section 439 (2) of the Cr.P.C., praying to set aside the order dated 30.10.2012 in Crl. Misc.No.4868/2012 passed by the Presiding Officer, Fast Track Court-VIII, Bangalore City and allow the application filed by the petitioner by cancelling the bail granted in Crl.Misc.No.3502/2012 passed by the Presiding Officer, Fast Track Court-VIII, Bangalore City dated 16.07.2012.) 1) This petition is filed under Section 439(2) of Cr.P.C., seeking cancellation of bail granted to the 2nd respondent by the Fast Track Court - VIII, Bangalore City, by its order dated 16.07.2012 passed in Criminal Misc. No.3502/2012. 2) Petitioner is the de-facto complainant before the Hebbal Police, on whose report, case in Crime No.283/2011 for the offences punishable under Sections 506 and 420 of I.P.C. came to be registered against the 2nd respondent herein on 04.11.2011. When the matter was under investigation, the 2nd respondent herein, apprehending her arrest by Heb...
Mallamma and Another Vs. Dawalsab and Others
Court: Karnataka Dharwad
Decided on: Feb-27-2013
(Prayer: Mfa Filed U/S 173(1) Of Mv Act, against the Judgement and Award Dated 24.09.2007 Passed In Mvc No.08/2006 on the File of Civil Judge (Sr.Dn.) and Mact, Gangavathi, dismissing the Claim Petition for Compensation.) 1. The claimants being aggrieved by the dismissal of their claim petition have filed this appeal, assailing the judgment and award passed in MVC No.8/2006 dated 24.09.2007, by the MACT at Gangavathi. They have also sought for enhancement of compensation. 2. It is not in dispute that, on 06.07.2005, Yellamma who was returning along with Hanumantha from a temple after performing pooja, on the left side of Raichur- Gangavathi road at about 4.00 pm, succumbed to fatal injuries on account of vehicle bearing No.KA-35/MD-3333 belonging to the 2nd respondent, being driven in a rash and negligent manner. Yellamma's daughter and daughter-in- law filed the claim petition seeking compensation on account of the death of Yellamma. Though the Tribunal assessed the compensation to be...
Dharani and Another Vs. the State of Karnataka, by Khade Bazar Sub-dn ...
Court: Karnataka Dharwad
Decided on: Feb-27-2013
(This criminal appeal is filed u/s. 374 (2) of the Cr.P.C seeking to set aside judgment and order of conviction and sentence dated 10.08.2011 in Special Case No.40/2008 passed by the court of the special judge (Prl. Sessions Judge), Belgaum and acquit the Appellant for an offence p/u/s 21 and 8(c) of N.D.P.S Act. This criminal appeal is filed u/s 374(2) of Cr.P.C. Seeking to set aside the judgment and order of conviction dated 18.08.2011 passed in Spl. Case No.40/2008, by the Prl. Dist. Sessions and Spl. Judge, Belgaum, and acquit the appellant/accused of the offences with which he has been convicted and sentenced.) 1. These two appeals are arise out of the same judgment, hence both are taken up together for the purpose of disposal. The parties are referred according to their ranking before the trial Court. 2. These appeals are filed challenging the judgment dated 10.08.2011 passed by Court of the Special Judge (Prl. Sessions Judge), Belgaum, (hereinafter called as the trial Court) in ...
Tata Projects Limited, Rep. by Its Company Secretary and Another Vs. K ...
Court: Karnataka
Decided on: Feb-26-2013
(This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for records from the R-1 of the impugned tender evaluation and all records and bids submitted in relation to the tender notification vide Annexure-A dt. July 2012 and etc. This writ petition is filed under Article 226 of the Constitution of India, praying to call for the records from Respondent No.1 pertaining to the impugned tender evaluation and all records relating to tender notification and set aside the impugned tender evaluation and award of tender by Respondent No.1 in favour of Respondent No.2 in respect of tender notification [copy not produced] and etc.) 1. The petitioners in both these petitions i.e., ''LandT'', the petitioner in W.P.No.505/2013 and 'Tata Projects' the petitioner in W.P.No.2535/2013 had responded to the tender notification No.CEGSW/Bidadi/EPC/001 invited by the first respondent (''KPCL'' for short) for award of work for construction of 700 MW +/- 20% combine...
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