Court : Karnataka
Reported in : AIR1990Kant97; 1989(2)KarLJ202
ORDER1. Common prayer in these series is to issue a writ in the nature of mandamus to forbear respondents from interfering with their right to excavate, remove and transport granite found in his/their patta land/s.2. Most of the petitioners are from old State of Mysore and a few from Kollegal, which on re-organization has become part and parcel of Mysore District. They trace their right to excavate granite either to proviso to S. 38 of Mysore Land Revenue Code and notification issued thereunder or the Madras Board Standing Order. In support of their prayer, reliance is placed on catena of decisions of this Court to which a reference would be made a little later.3. Respondents in their statement of objections dispute their right to extract minor minerals except in accordance with the Rules framed under S. 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the 'Act') Specific reference is made to Ch. II of the Karnataka Minor Mineral Concessio...
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)KarLJ603
1. Corruption in a civilised society is a disease like cancer, which if not detected in time is sure to malignise the polity of country leading to disastrous consequences. It is termed as plague which is not only contagious but if not controlled spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has also been termed as Royal thievery. The socio-political system exposed to such a dreaded communicable disease is likely to crumble under its own weight. Corruption is opposed to democracy and social order, being not only anti people, but aimed and targeted against them. It affects the economy and destroys the cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause turbulence shaking of the socio- economic-political system in an otherwise healthy, wealthy, effective and vibrating society.2. The menace of corruption was found to have enormously increased by first and second world war conditions. The corruption, at th...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3620; 1998(6)KarLJ667; (1999)IILLJ552Kant
K.R. Prasada Rao1. These appeals have been filed against the order passed by the learned Single Judge in Writ Petition Nos. 5517 and 5518 of 1998, dated 4-3-1998 confirming the ex parte stay order dated 24-2-1998 staying the operation of the order of transfer of respondent 2-Deputy Manager (TTC) from the Technical Training Centre to its Regional Office, Calcutta under Office Memorandum No. FPA TRF 97 384, dated 27-11-1997 issued by the appellant (Annexure-EE to the writ petitions) and rejecting the application filed by the appellant-Company for vacating the stay order dated 24-2-1998.2. The impugned order passed by the learned Single Judge has been challenged by the management of the appellant-Company on two grounds which are (1) the writ petitions filed by the respondents in the writ appeals are not maintainable, as the appellant-Company is not a 'State' or other authority within the sweep of the expression used in Article 12 of the Constitution of India and (2) the order of transfer ...
Tag this Judgment!Court : Karnataka
1. All these Writ Petitions are listed before this Bench by a Special Order of the Hon’ble Chief Justice for decision. The subject matter of all these petitions is identical though one of the writ petition is by way of public interest litigation. Therefore, they are taken up for consideration together and disposed of by this common order. 2. The petitioners in W.P.No. 66920/2010 herein are the member shareholders of the Doodhganga Krishna Sahakari Sakkare Karkhane Niyamit, Chikkodi. It is a Co-operative sugar factory registered under the Karnataka Co-operative Societies Act, 1959. It was established to cater to the needs of the sugarcane farmers in and around Chikkodi, Raibagh and Athani Taluk in Belgaum District. Later it was converted into a Multi-State Co-operative Society under the Karnataka Multi State Co-operative Societies Act, 2002, by extending its area of operation to more than one State (Karnataka and Maharashtra) Earlier, they were having crushing capacity of 2500 TCD...
Tag this Judgment!Court : Karnataka
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE8H DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION No.1167 OF2024(GM-POLICE) BETWEEN: SRI.VINAY RAJASHEKARAPPA KULKARNI, AGED ABOUT54YEARS, MEMBER, LEGISLATIVE ASSEMBLY, KARNATAKA STATE AND RESIDENT OF BARAKOTI SHIVAGIRI, DHARWAD 58 007. PETITIONER (BY SRI.C V NAGESH., SENIOR COUNSEL FOR SRI. K RAGHAVENDRA.,ADVOCATE) AND: CENTRAL BUREAU OF INVESTIGATION, BELLARY ROAD, BENGALURU 560 032. REPRESENTED BY ITS DIRECTOR. RESPONDENT (BY SRI. S V RAJU., ASG A/W SRI. P PRASANNA KUMAR AND SRI. RAHUL REDDY., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA, PRAYING TO I) CALL FOR RECORDS IN SPL.C.C.NO.565/2021 WHICH IS PRESENTLY PENDING ON THE FILE OF THE LXXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH.NO.82), BENGALURU AND ETC., THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: - 2 - ORDER Petitioner, a former Cab...
Tag this Judgment!Court : Karnataka
Reported in : AIR1950Kant13; AIR1950Mys13
Mallappa, J.1. This is an appeal against the judgment and decree in R.A. No. 105 of 47-48 on the file of the Additional Subordinate Judge, Bangalore, confirming those of the II Munsiff, Bangalore, in O.S. No. 131 of 1946-47 on the file of this Court.2. The plaintiff-respondent filed the suit against the defendant-appellant for recovery of the Rs. 513 due on a promissory note executed by the defendant on 3rd September 1997 in favour of the deceased husband of the plaintiff. The plaintiff relied on an endorsement on the promissory note dated 7th September 1940 for the payment made towards interest. The defendant is admittedly an agriculturist. The defendant is admittedly an agriculturist within the meaning of the Mysore Agriculturists' Relief Act and he has pleaded discharge. This has not been believed by both the Courts and the suit is decreed as prayed for.3. The only point that was argued in this appeal is that the courts below erred in the view that the suit is not barred by limitati...
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
Venkata Ramaiya, J.1. These are applns. filed under Article 226, Constitution of India, for issue of writs of certiorari calling for records & quashing the proceedings in Crim, case Nos. 1 & 2 of 1948. 49 on the file of the Ct. of the Sp. J, Tumhur & writs in the nature of habeas corpus directing the release of petnrs. from detention. The two cases referred to arise out of disturbances which occurred on 1-3-1949 in the shandy of Sira, a Town in Tumkur District, from a clash between Hindus & Muscleman's resulting in the death of a Jamedar, grievous hurt to a Police Inspector & injuries to others. It is alleged in the affidavits filed in support of the petns. that charge sheets for offences under Sections 302, 326, etc., I. P. C., were presented on 9-4-1949 in the Ct. of the Sp. First. Clasa Mag, Madhugiri, by the Police against the petnrs. that by a Notn dated 22 4-1949, the Govt. of Mysore constituted the Ct. of the Special J. Tumkur, under Section 2 of the Sp. Criminal Courts Act, 194...
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant57; AIR1952Mys57; ILR1951KAR491; (1952)30MysLJ47
1. The appellant was the owner of five and odd vritties in Jodi Hulisandur village in Turuvekere Taluk. The vritties were sold in a revenue sale for arrears of land revenue and the defendant-respondent, who was another vrittidar in the village, purchased them. The appellant filed applications before the revenue authorities but the sale was not set aside. He thereupon filed two suits. In O. S. No. 457 45-46 on the file of the Second Additional District Judge, Bangalore, he prayed that the revenue sale may be set aside on the ground that no land revenue was due justifying the sale and that even otherwise it was vitiated by fraud. In O. S. No. 27 of 1946-47, on the file of the Second Additional District Judge, Bangalore, (originally No. 589/43-44 on the file of the Subordinate Judge. Bangalore), he contended that the revenue sale, even if valid, does not affect his permanent tenancy rights. He prayed for a decree declaring that he has permanent tenancy rights in the land and granting perm...
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant106; AIR1951Mys106
Mallappa, J. 1. This is a revn. petn. against the order in C. C. No. 2519 of 50-51 on the file of the City Mag. Bangalore, refusing to furnish the petnr. with a copy of the entries in Col. No. 6 of the charge-sheet placed against him.2. The point has come up before this Ct. for consideration several times, & if it has come up before a Bench for consideration, it is because after the amendment of Section 173, Cr. P. C., the opinions expressed in some unreported cases on this aspect of the matter are not uniform & it is desirable to lay down a definite view on this question which often arises in the criminal Cts. Section 178 lays down that the Police report under that section must be in the form prescribed by the Govt. setting forth the names of the parties, the nature of the information, the names of the persons who appear to be acquainted with the circumstances of the case & stating whether the accused (if arrested) has been forwarded in custody, or has been released on his bond. Secti...
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant14; AIR1952Mys14; ILR1952KAR102
Vasudevamurthy, J. 1. The suit out of which this appeal arises was filed by the plaintiffs in two capacities--(1) one under Section 92, Civil P. C., after obtaining the sanction of the Deputy Commissioner, Shimoga District, and (a) in a representative character under Order l, Rule 8, Civil P. C. After the suit was filed, the plaintiffs made an application to the Court under Order 1, Rule 8, Civil P. 0. and the Court ordered the publication of usual notices inviting the inhabitants of Shimoga town to join in the suit either as plaintiffs or as defendants.2. The property involved in this litigation is a large piece of land situated in Shimoga Town in which there is a gymnasium or talimkhana and some shops on the edge of the open space abutting the road which belonged to the institution of Talimkhana. The property is apparently of considerable value as the land is situate in a prominent part of the Town of Shimoga and is capable of being largely developed for the benefit of the persons wh...
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