Court : Karnataka
(Prayer: This Writ Petition is Filed under Articles 226 and 227 of the Constitutions of India Praying to Quash the Order dated 13.5.2002 by R2 Arising out of the Order dated 4.12.2000 by R3 vide Ann-A and B Respectively.) 1. On a reference by a learned Single Judge of this Court, this writ petition is placed before us. In substance, the question referred is as to whether the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 is inapplicable to a ‘granted land’ i.e., a land granted by the Government to a person belonging to any of the Scheduled Castes or the Scheduled Tribes but in respect of which occupancy rights were subsequently granted to a tenant under the Karnataka Land Reforms Act, 1961? In the context, it is relevant to refer to the definition of ‘granted land’ as defined under Section 3(1) (b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (...
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR131
Sreedhar Rao, J. 1. This appeal arises out of judgment and decree passed by Addl. Civil Judge, Sr.Divn. Udupi, Dakshina Kannada in R.A.No. 36/1988 arising out of judgment and decree passed by Addl. Munsiff and JMFC, in O.S.No. 225/84.2. The appellants who are the plaintiffs filed a suit for delivery of possession of suit schedule house consisting of two tenements and recovery of mesne profits. The plaintiffs contended that the suit house situated in survey No. 64/2 of Ambalpady village in Udupi Taluk along with agricultural land was granted by the Land Tribunal in favour of the father of the plaintiffs by name Raju Poojary. The said house was leased in favour of the defendant on monthly rent of Rs. 10/-. During the life time, Raju Poojary executed a Will bequeathing the land and the said house in favour of the plaintiffs. Raju Poojary died on 21.7.1999. The plaintiffs issued a notice under Section 106 of T.P. Act, to seek possession of the same.3. The defendant in the written statement...
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant53
ORDERHari Nath Tilhari, J. 1. Heard Sri M. V. Shamanna, learned Government Advocate for the revision petitioners, and Sri Mahesh Wadiar for Sri Mohan Shanthana Goudar, learned counsel for the respondents. 2. This revision has been filed against the order dt. 24-1-1998 whereby the trial Court has refused to accept the appearance and vakalathnama put up by the Additional Government Pleader, Laxmeshwar, as it did not contain the Advocates' Welfare Fund Stamp which is required by law to be affixed on the Vakalathnama. 3. The learned Government Counsel contended that the Court below acted illegally in rejecting the Vakalathnama and in directing that the case shall be proceeded ex parte. 4. I have perused Section 23 of the Karnataka Advocates Welfare Fund Act, 1983. It will be appropriate at this juncture to quote the same in extenso. 'Section 23. Vakalath to bear stamps.- (1) Every Advocate shall affix one welfare Fund stamp on every vakalath filed by him and no vakalath shall be filed befo...
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR2992; 1999(5)KarLJ279
ORDER1. The petitioners in these writ petitions have sought for a direction to the respondent-Special Deputy Commissioner to accept the conversion fine as per the rules and issue necessary conversion certificate in favour of the Karnataka Government Class 'D' Employees' House Building Cooperative Society Limited. The facts in these writ petitions are as follows.-The Karnataka Government Class 'D' Employees' House Building Co-operative Society Limited is a society registered under the provisions of Karnataka Co-operative Societies Act, 1957. The petitioners in W.P. No. 30444 of 1994 are the owners of the land measuring 122 acresin Survey Nos. 5, 6, 7, 11, 13, 14, 16, 17, 19 and 20 to 27 of Lingadeer-anahalli, Yeshwanthapura Hobli, Bangalore North Taluk. The petitioners in W.P. No. 30445 of 1994 are the owners of the land measuring 26 acres, 3 guntas in Survey Numbers 12 (western portion) 35, 36, 37 and 38 of the above said village. The petitioner in W.P. No. 30446 of 1994 is a society i...
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR1029; 1989(1)KarLJ302
ORDERHakeem, J.1. This Revision by the tenant Is directed against the concurrent findings and orders of the Courts below allowing the landlord's claim for eviction of the tenant on the ground under Section 21(1)(a) of the Karnataka Rent Control Act, 1961.2. Both the Courts have on proper appreciation of the evidence on records, found that the tenant did not pay or deposit the arrears of rent within two months of the service of notice as contemplated under the law. It is however found that the tenant has paid certain arrears of rents in the Court, during the proceedings.3. Sri K.I. Bhatta, learned Counsel for the tenant submitted that the notice of demand preceding the filing of the petition was not served in accordance with the provisions of the Act. In this connection, he placed reliance on the decision of this Court in BASHA BAIG v. CHOODANATH. It is not disputed that the notice dated 13-3-1978, issued through registered post was personally served upon the tenant on 20-3-1978. The pe...
Tag this Judgment!Court : Karnataka
S.G. Doddakale Gowda, J.1. The petitioner, in this writ petition, has challenged the order dated 25-6-1976 made in No. LRM 2/74-75 end 936/74-75 by the Land Tribunal, Chintamani, rejecting his claim for registration of occupancy sight.2. In WA No. 458 of 1976 the order dated 27-8-1976 by which writ petition was rejected, has been set aside and remitted to consider the question whether the petitioner could be a 'deemed tenant'' under Section 4 of the Karnataka Land Revenue Act, 1964.3. The facts of the case may be briefly stated thus:The petitioner was the owner of S. Nos. 27/2, 133/3 and 184/3 situate, at Anoor village, Chintamani Taluk. By a registered deed dated 13 1-1969, he conveyed his right, title and interest in favour of the second respondent for a consideration of Rs. 1,000. The second respondent-owner in OS No. 301 of 1974 on the file of the Munsiff, Chintamani, sought for temporary injunction restraining the petitioner from interfering with his peaceful possession and enjoym...
Tag this Judgment!Court : Karnataka
- 1 - W.A. No.4312 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE5H DAY OF JULY, 2024 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE RAMACHANDRA D HUDDAR W.A. NO.4312 OF2017(LR) BETWEEN:1. M/S NERIA ETATES RURAL INDUSTRIES ASSOCIATION PVT. LTD., NERIA VILLAGE BELTHANGADI TALUK,D.K. A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED BY ITS MANAGING DIRECTOR, MR.NERIA GOPALKRISHNA HEBBAR S/O N VENKATAKRISHNA HEBBAR, NOW AGED ABOUT61YEARS, AUM BEHIND MICROWAVE STATION PAIS HILL, BEJAI, MANGALORE 575 004.2. MR. NERIA GOPALKRISHNA HEBBAR, S/O N VENKATAKRISHNA HEBBAR, NOW AGED ABOUT61YEARS, AUM BEHIND MICROWAVE STATION PAIS HILL, BEJAI, MANGALORE 575 004. APPELLANTS (BY SRI.B V ACHARYA., SRI.B L ACHARYA. AND SRI.M B NARGUND., SENIOR COUNSELS FOR SRI.K CHANDRANATH ARIGA., ADVOCATE) AND:1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560 001. *Page no.1 is ret...
Tag this Judgment!Court : Karnataka Dharwad
(Prayer: These Appeals are filed under Section 4 of the Karnataka High Court Act, 1961, praying to call for the records, set aside the impugned order dated 12.12.2014 passed by the learned Single Judge in W.P. Nos. 106507-106509/2014.) H.G. Ramesh, J. (Oral): 1. These appeals by the State are directed against the order dated December 12, 2014 passed by a learned single Judge of this Court in W.P. Nos. 106507-106509/2014. By the impugned order, the learned single Judge has held that the Regional Transport Authority s decision dated 13.09.2013 prohibiting grant of contract carriage permits in Gadag district to all newly registered three wheelers having a rear overhang exceeding 450 mm is illegal as the power to impose such a prohibition cannot be traced to any provision of law. 2. We asked the Additional Government Advocate appearing for the appellants to trace the power of Regional Transport Authority to impose the aforesaid prohibition to any provision of law. The AGA referred to claus...
Tag this Judgment!Court : Karnataka Dharwad
(Prayer: This HRRP is filed u/s.115 of CPC, praying to set aside the order passed by the Presiding Officer, Fast Track Court-III, at Belagavi, dated: 04.02.2015, passed in H.R.C. Revision Petition No.19/2014 confirming the Order of eviction passed by the Principal Civil Judge (Jr.Dn.) and JMFC, Belagavi, passed in H.R.C. No.31/2012 dated:26.09.2014 and dismiss I.A.No.4 by allowing the present revision petition. This HRRP is filed u/s.115 of CPC, praying to set aside the order passed by the Presiding Officer, Fast Track Court-III, at Belagavi, dated: 04.02.2015, passed in H.R.C. Revision Petition No.17/2014 confirming the order of eviction passed by the Principal Civil Judge (Jr.Dn.) and JMFC., Belagavi, passed in H.R.C. No.29/2012 dated:26.09.2014 and dismiss I.A.No.4 by allowing the present revision petition. This HRRP is filed u/s.115 of CPC, praying to set aside the order passed by the Presiding Officer, Fast Track Court-III, at Belagavi, dated 04.02.2015, passed in H.R.C. Revision ...
Tag this Judgment!Court : Karnataka Dharwad
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE03R D DAY OF JULY, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA HOUSE RENT REVISION PETITION No.100005 OF2015C/w. HOUSE RENT REVISION PETITION No.100006 OF2015HOUSE RENT REVISION PETITION No.100007 OF2015In HRRP No.100005/2015: BETWEEN: VINOD, G. AGED ABOUT:33. YEARS, PRESENTLY R/AT: R.S.NO.79/A+A, MANCHALAYA BUILDING, 5TH CROSS, ADARSH NAGAR, HINDWADI, BELAGAVI, OLD ADDRESS:79. A+A, (OLD RS No.79/1B) 5TH CROSS, MANCHALAYA NIVAS, ADARSH NAGAR, BELAGAVI. (By Sri. MRUTYUNJAY TATA BANGI ADV.) ... PETITIONER AND: JIJABAI W/O SHRIKANT JADHAV, AGED ABOUT:54. YEARS, PRESENTLY R/AT:R.S.NO.79/1, 5TH CROSS, SHANKAR KASHI BUILDING, :2. : ADARSHA NAGAR, HINDWADI, BELAGAVI. OLD ADDRESS: SHANKAR KASHI NIVAS, CTS No.2956 OF ADARSH NAGAR, ANGOL, BELGAUM. (By Sri. M G NAGANURI ADV.) ... RESPONDENT THIS HRRP IS FILED U/S.115 OF CPC, PRAYING TO SET ASIDE THE ORDER PASSED BY THE PRESIDING OFFICER, FAST TRACK COURT-III, AT BELAGAVI, DATED:04...
Tag this Judgment!