Karnataka Court March 2013 Judgments
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Mrs. Mahananda Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-30-2013
1. This petition is filed to quash FIR No. 206 of 2008, registered for offences punishable under Sections 13,14, 32 and 38-A of the Karnataka Excise Act, 1965 (for short, ‘the Act’). 2. As per the averments of first information, on 24-7-2008 at about 12.30 in the noon, the complainant/Excise Inspector of Tiptur Sub-Division visited the wine shop of petitioner namely “Suma Liquors” situate in Tiptur Town and found: (1) that unauthorized person was selling liquor; (ii) bill book was not produced; (iii) accounts were not maintained; (iv) discrepancy between entries in the stock book and physical stock; and (v) liquor being sold in lose quantities. 3. The learned Counsel for petitioner relying on a decision in the case of K.L. Subbayya v State of Karnataka (1979(1) Kar. L.J. 410 (SC) : AIR 1979 Cri.L.J. 651 (SC) : (1979)2 SCC 115), would submit that search conducted by an officer, without recording of the grounds for his belief that an offence under the Act was like...
irappa Vs. I.M. MomIn and Another
Court: Karnataka Dharwad
Decided on: Mar-28-2013
(Prayer: This MFA is filed under section 173(1) of the Motor Vehicles Act, against the judgment and award dated 15.09.2006, passed in MVC no.1745/1998 on the file of the Addl. Civil Judge (Sr.Dn.), Gokak at Gokak, dismissing the petition filed under Section 166 of M.V. Act.) 1. This is a claimant's appeal challenging the judgment and order of the Tribunal dismissing his claim petition. 2. The appellant-claimant filed his petition before the Tribunal claiming compensation in respect of the injuries, which he had sustained in a motor vehicle accident that took place on 25.01.1997 near Samrath Cement Factory situated on Gokak-Belgaum Road. According to him on the date of accident, he was proceeding on his bicycle and while he was near Samrath Cement Factory, the bus bearing registration No.KA-22/F-305 came from his behind driven by its driver at a high speed in a rash and negligent manner and dashed against him. On account of the impact, the petitioner fell down, the bus spead away from t...
Shivanand Vs. Fakirappa D. Karennavar and Others
Court: Karnataka Dharwad
Decided on: Mar-28-2013
(Prayer: This appeal is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 30.9.2009, passed in MVC No.650/2006, on the file of the Motor Accident Claims Tribunal, Bailhongal, partly allowing the claim petition for compensation and seeking enhancement of compensation, etc.,.) 1. This is a claimant's appeal seeking for enhancement of compensation in respect of the injuries sustained and also to fasten the liability on the 2 n d respondent insurance company who are the insurers of the motorcycle bearing No.KA-22/W-1620, involved in the accident. 2. With consent of both the learned counsel for the respective parties, the matter is taken up for final disposal. 3. It is the case of the petitioner, on 18.11.2005, at about 19.15 hours, he was proceeding as a pillion rider on the motorcycle bearing No.KA-24/H-3598. When the motorcycle was near Bailwad, situated on Bailhongal-Belgaum road, on account of the rash and negligent riding of its rider, it went ...
Suresh D. Bankapur and Others Vs. State of Karnataka Rep. by Its Secre ...
Court: Karnataka Dharwad
Decided on: Mar-28-2013
(Prayer: This W.A. is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order dated 09.07.2012 passed by the learned Single Judge in W.P. No. 64214/2012. This W.A. is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order dated 09.07.2012, passed by learned Single Judge in Writ Petition No.64210/2012. This W.A. is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order dated 09.07.2012, passed by learned Single Judge in Writ Petition No.64208/2012. This W.A. is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order dated 09.07.2012 passed by the learned Single Judge in W.P. No. 64209/2012.) Dilip B. Bhosale, J. 1. These four Writ Appeals are directed against the orders passed by learned Single Judge, all dated 09.07.2012, in the Writ Petitions filed by the appellants seeking direction to the Special Land Acquisition Officer to consider their ...
Chikkabasavaraju Vs. the State of Karnataka, Rep. by the Secretary to ...
Court: Karnataka
Decided on: Mar-26-2013
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the orders Dt. 9/1/2007, 9/1/2008 vide Annex.B and 18/4/2012 vide Annex.C passed by Assessing Commissioner of Commercial Taxes Mandya Circle (Transit), Joint Commissioner of Commercial Taxes, Mysore Division, Mysore and Karnataka Appellate Court vide Annex.A To C; and Etc.) 1. Since common questions of law and that of fact arise for decision making, with the consent of learned counsel for the parties, petitions are clubbed together, finally heard and are disposed of by this order. 2. The core question for decision making is, whether the Karnataka Appellate Tribunal was justified in dismissing STA Nos. 1844 and 1845 of 2011 on the premise of having been filed after the expiry of the period of 60 days and a further period of 180 days prescribed by Sub-sec.2 of Sec.22 of the Karnataka Sales Tax Act, 1957, for short 'Act', and therefore had no jurisdiction to treat within the li...
Laxman Rao Vs. Raghavendra and Others
Court: Karnataka Gulbarga
Decided on: Mar-22-2013
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of Certiorari by quashing the order at Annexure-E passed on I.A.No.8 in O.S.No.49/2011 dated 02.01.2013 by the Civil Judge (Sr.Dn.) at Chittapur, Dist. Gulbarga and etc.) 1. This writ petition is by the first defendant in O.S.No.49/2011 on the file of the Court of the Civil Judge (Sr.Dn.) at Chittapur (originally, suit was filed in the year 2007 in the Court of Civil Judge (Sr.Dn.) at Sedam, that was transferred and renumbered in the year 2011). 2. Being aggrieved by the order dated 02.01.2013 passed by the Senior Civil Judge at Chittapur, District Gulbarga, dismissing I.A.No.8 filed under Order VI Rule 17 of Code of Civil Procedure, 1908, seeking for amendment of written statement etc. 3. In the suit for partition, defendants wanted to set up the plea of one suit item covered under the prayer for amendment as self acquired property etc. 4. Learned Judge of the trial Co...
Siddappa Vs. State of Karnataka and Another
Court: Karnataka Gulbarga
Decided on: Mar-22-2013
1. Learned Government Advocate takes notice for respondents. 2. Writ petitioner claiming to be the owner a lorry bearing Reg. No. KA-32/BN-3290, which has come to be seized by the Chittapur Police and handed over to the Food and Civil Supplies Department in violation of the provisions of orders passed under the Essential Commodities Act, 1955, is aggrieved by the condition imposed by the Deputy Commissioner of Gulbarga District, which is condition imposed that in respect of the value of the lorry at Rs. 12,00,000/-, Bank guarantee for a sum of Rs. 6,00,000/- should be issued and an indemnity bond for the balance amount should be furnished etc. 3. Heard Sri Ashok B. Mulage, learned Counsel appearing for the petitioner and Sri Manavendra Reddy, learned Government Advocate appearing for the respondents. 4. Sri Manavendra Reddy, learned Government Advocate points out that the condition is reasonable and there is no need for interference. 5. Sri Ashok B. Mulage, learned Counsel for the peti...
Santoshkumar and Others Vs. the Chief Engineer and Others
Court: Karnataka Gulbarga
Decided on: Mar-21-2013
(Prayer: This first appeal is filed under Section 54(1) of L.A.Act against the Judgment and award dated 21.04.2007 on the file of the Civil Judge (Sr.Dn.) at Aland, partly allowing the reference eptition and seeking enhancement of compensation.) 1. There is a delay of 2058 days in preferring the appeal. The counsel appearing for respondent Nos.1 and 2 has vehemently objected for condonation of delay. In the interest of maintaining the uniformity in the matter of award, as it is submitted by the appellant that in other cases in respect of the same notification the same compensation has been awarded, however, without awarding any interest for the delay period, this appeal is taken up for disposal and delay is condoned as it would not cause any inconvenience to the State also. However, the claimants are not entitled for interest for the delay period, on the enhanced amount. 2. In this appeal, the appellants are seeking for enhancement of compensation as against the award passed by the Ref...
T. Krishna Vs. the Registrar of Karnataka State Open University and An ...
Court: Karnataka Gulbarga
Decided on: Mar-21-2013
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a Writ of mandamus, directing to the respondents to consider the request of the petitioner and to issue the passing certificate in favour of the petitioner.) 1. Writ petitioner claims to have been admitted to the Hindi and Sanskrit Post Graduate course conducted by respondent No.1 - Karnataka State Open University, Manasa Gangotri, Mysore during the year 2005. 2. Petitioner has written examination and had paid examination fees for the years 2005, 2006 and 2007. 3. It appears that the petitioner in the first year wrote three papers out of the total five papers and absented for the other two papers. In the papers, which he wrote, he did clear the subjects by securing marks above 40 in each subjects as per the marks sheet dated 05.09.2005 (copy at Annexure-'B'). In respect of other two papers which he had not written, it appears he wrote examination subsequently and as per the ma...
Mangalabai Vs. the State of Karnataka, Represented by Its Secretary Ur ...
Court: Karnataka Gulbarga
Decided on: Mar-21-2013
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 7.4.2011 passed by the 4th respondent tahasildar in canceling the caste certificate of the petitioner produced at annexure-a and etc.) 1. This writ petition filed by a person whose caste certificate issued by the Tahsildar earlier, certifying her to be a person belonging to "Tokari Koli" categorized as Scheduled Tribe and which caste certificate had been later cancelled by the very Tahsildar as per the directions of the Assistant Commissioner, questioning the order of cancellation has not only outlived its utility but also has served its purpose, in as much as, the petitioner who on making use of the caste certificate had not only got elected to the post of Councilor in Basavakalyan City Municipality in a constituency reserved for a Scheduled Tribe candidate, but also became Adhyaksha of the Municipality again by encashing the caste certificate and though had q...
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