Court : Karnataka
ORDERAnand Byrareddy, J.1. These petitions are heard and disposed of together as they arise under similar circumstances.2. In writ petition 14758/2006 the petitioners' case is as follows:The petitioners are joint owners of land in survey No. 123 and 124 bearing CTS No. 470 ward No. 3 measuring about 5 acres 37 guntas at Mariyan Timmasagara, Hubli Taluk, Dharwad District. These lands were leased to M/s Southern Maratha Spinning and Weaving Company Limited, Hubli. The said lease-hold rights were said to have been sold in favour of M/s New Gujarat Cotton Mills Limited, Calcutta in the year 1958. And in the year 1959 the said Company had, in turn, sold the lease-hold rights in favour of the Karnataka Co-operative Textile Mills Limited, Dharwad, a Co-operative Society; In the year 1970 the lands were sub-leased in favour of M/s G. Mahadevappa and Sons, a firm. In the year 1978, the mills closed down. In the year 1986 the State Government of Karnataka, in order to revive the Mills, enacted t...
Tag this Judgment!Court : Karnataka
B.S. Patil, J.1. These two writ appeals arise out of the common judgment dated 03.09.2003 passed by the learned Single Judge in a batch of writ petitions. W.A. No. 6812/2003 is filed by the Indian Telephone Industries Limited, Bangalore (hereinafter referred to as ITI, for short), whereas W.A. No. 2024/2004 is filed by the employees of ITI.2. ITI is a public sector undertaking of the Central Government established during the year 1948 which is functioning under the administrative control of the Union Ministry of Communications and Information Technology. It is a company registered under the Mysore Companies Act, 1938. It has seven manufacturing units located at different parts of the country. Three of its units are located in Uttar Pradesh, Two in Karnataka, and One each in Kerala and Jammu & Kashmir. The company was initially producing electromechanical products i.e., strowger and crossbar telephone exchanges. It gradually switched over to manufacture of state of art electronic teleco...
Tag this Judgment!Court : Karnataka
N. Kumar, J.1. These four appeals arise out of a common order passed by the learned Single Judge quashing the order of the Tahsildar dated 28.8.2004 pasted in Inam Case No. 1/83-84/87-88 c/w. Case No. MAG 71/2002-03 and remanding the matter hack to the Tahsildar to consider the application in Form No. 5 afresh in accordance with law. Earlier by a common judgment this Court on 12.09.2007 allowed the writ anneals filed by the respondents herein holding that the proceedings initiated by the Tahsildar was without jurisdiction and therefore the order of remand is bad in law. The appeals filed by the appellants were dismissed. Against the said order, the appellants preferred Special Leave Petition to the Supreme Court in Civil Appeal Nos. 1040-1053 of 2009. Leave was granted, the appeal was heard on merits. The Apex Court held, neither Section 43 nor Section 10 of the Transfer of Property Act has any application to the facts of the case and the High Court was not justified in holding Section...
Tag this Judgment!Court : Karnataka
Reported in : 1982CriLJ1336; ILR1981KAR1135; 1981(2)KarLJ512
Nesargi, J.1. This appeal is directed against the conviction and sentence passed by the principal Sessions Judge, Dharwar, in Sessions Case No. 21 of 1980 dated 16-9-1980 convicting the appellants for having committed the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing each one of them to undergo imprisonment for life. 2. On perusing the records and hearing the learned counsel for the appellants and the learned State Public Prosecutor, it is our considered opinion that the facts of the case and the evidence in the case need not be gone into as the trial held and the conviction recorded by the principal Sessions Judge, cannot be considered as having been done in valid exercise of his jurisdiction and therefore, according to law, and requires to be quashed. 3. Sessions Case No. 21 of 1980 after it was registered in Sessions Court, Dharwar, was made over by the principal Sessions Judge to Second Addl. Sessions Judge, Dharwar, in exercise o...
Tag this Judgment!Court : Karnataka
Arali Nagaraj, J.1. Despite receipt of notice of this appeal, the respondents No. 1 to 4, who were respectively accused Nos. 1 to 4 before the Trial Court, have remained absent.2. Heard Sri A.V. Ramakrishna, the learned High Court Government Pleader, and perused the impugned order.3. This appeal is by the complainant-State aggrieved by the order dated 15.12.2008 passed in CC No. 780/2007 by the learned Civil Judge (Jr.Dn.) and JMFC, Nanjangud (hereinafter referred to as 'Trial Court' for short), acquitting all the accused Nos. 1 to 4 (respondents herein) of the offences under Sections 341, 323 and 324 readwith Section 34 IPC.4. The facts leading to the present appeal are as under:All the accused Nos. 1 to 4 were chargesheeted by the police of Nanjangud PS for the offences under Sections 341, 323 and 324 read with Section 34 IPC. The charge was framed against all the accused therein for the said offences on 24.6.2008. The said case stood posted to 15.1.2009 for recording further evidenc...
Tag this Judgment!Court : Karnataka
Arali Nagaraj, J.1. The accused in Sessions Case No. 6/2007 on the file of the learned Presiding Officer, Fast Track Court-II, Mysore, (hereinafter referred to as 'Trial Court' for short), has challenged the correctness of the judgment and order of conviction and sentence dated 20th November 2007 passed in the said case convicting him for the offences under Sections 498-A and 306 of I.P.C.2. Heard the arguments of Sri. S.G. Rajendra Reddy, learned Counsel for the appellant-accused and Sri. Satish R. Girji, learned High Court Government Pleader for respondent-State. Perused the impugned judgment and order of conviction and sentence and also the entire material found in original records obtained from the Trial Court.3. On appreciation of oral evidence of PWs 1 to 14, documents at Ex.P1 to P10 and M.Os. 1 to 12, the Trial Court, convicted the appellant-accused for the said offences and imposed sentence as stated in the impugned order of sentence.4. Sri. S.G. Rajendra Reddy, learned Counse...
Tag this Judgment!Court : Karnataka
G.C. Bharuka, J. 1. The appellant-company is owning medium scale industrial units located at plot No. 146, Belogola Industrial Area, Metagalli and plot No. 312, Hebbal Industrial Area, Mysore, which are registered with the Government of India vide CIL/145/88, dated June 20, 1988 for manufacture of computers and computer peripherals at Belogola and Hebbal Industrial Area, Mysore.2. Admittedly, Expansion modernisation was carried out in the aforesaid industrial units twice during the financial year 1993-94 which are evidenced by the certificates dated September 27, 1993 (annexure 'B') and February 21, 1994 (annexure 'C') issued by the Joint Director (ID). As per the said certificates, the investments made in expansion are to the following effect :--I. Certificate No. IDF/E2/ST/27/92-93, dated September 27, 1993 Rs. 86,29,000-00II. Certificate No. IDF/E2/ST/115/92-93, dated February 21, 1994 Rs. 2,12,19,000-00 __________________ Total .... Rs. 2,98,48,000-00 __________________3. At the ti...
Tag this Judgment!Court : Karnataka
Arali Nagaraj, J.1. The accused in Sessions Case No. 94/06 on the file of the learned First Addl. Sessions Judge, Mangalore, Dakshina Kannada (Herein after referred to as the 'Trial Court' for short) has challenged in this appeal the judgment and order of conviction and sentence dated 30.10.2008 passed in the said case convicting him for the offence under Section 376 read with Section 511 IPC and sentencing him to undergo RI for a period of 5 years and also to pay fine of Rs. 3000/- with default sentence of RI for a further period of 3 months.2. Heard the arguments of Sri Manmohan P.N. learned Counsel for the appellant-accused and Sri.Satish R. Girji, learned High Court Government Pleader. Perused the impugned Judgment and Order of conviction and sentence and the entire material in the original records obtained from the Trial Court.3. On appreciation of the oral evidence of PWs 1 to 17, the documents at Exs.P. 1 to 14 and MO Nos. 1 to 3, the trial Court held the appellant-accused guilt...
Tag this Judgment!Court : Karnataka
Reported in : AIR1971Kant37; AIR1971Mys37; (1970)1MysLJ328
A. Narayana Pai, J.1. The petitioners in these two writ petitions are Co-operative Societies. In both the writ petitions, the challenge is to the exercise by the State Government of the power conferred upon it by Section 54 of the Mysore Co-operative Societies Act 1959, in respect of two Co-operative Societies. As the nature of the challenge and the arguments in support of it are same, the two petitions have been heard together.2. The Society concerned in Writ Petition No. 5861 is the Chitradurga District Co-operative Central Bank Limited, which will hereinafter be referred to as the Bank. The Society concerned in Writ Petition No. 6584 of 1969 is the Mysore State Silk Handloom Weavers' Central Co-operative Society Limited, Bangalore, which will hereinafter be referred to as the Weavers' Society.3. In the case of the Bank, Notification No. DPC. 99 CCB. 69 (I) dated 9th October, 1969 was published in the Mysore Gazette Extra-ordinary No. 478 on 9th October, 1-969. The text of the Notifi...
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR2497; 2007(5)KarLJ157
ORDERV. Jagannathan, J.1. The Public Good ought to be the object of the Legislator' - said Jeremy Bentham.A policy decision of the State of Karnataka to declare the State of Karnataka as 'lottery free zone' led to issuance of Notification dated 27.3.2007. The said notification is the cause for all these Writ Petitions.2. As the issues involved are common in all the Writ Petitions and so also the prayers, all these petitions are being disposed of by this common judgment.3. The facts leading to these Writ Petitions are as under:In the budget presented for the year 2007-08 on 16.3.2007 on the subject pertaining to 'lottery', the proposal reads thus:Lottery-295Currently, paper lotteries and online lotteries, including interest lotteries are being organized in the State. It is the desire of the people and the Government that these should not be continued in the interest of the society and poor people. Accordingly, I have proposed to abolish all kinds of lotteries in the State from the next ...
Tag this Judgment!