Court : Karnataka
Decided on : Jul-02-2008
Reported in : AIR2008NOC2790(FB); ILR2008(3)KAR2895; 2008(4)KarLJ593; 2008(4)KLJ593; 2008(5)AIRKarR261; AIR2008NOC2790(FB)
ORDERN. Kumar, J.1. The destiny of India is now being shaped in her classrooms. In a world based on science and technology it is education that determines the level of prosperity, welfare and security of the people. On the quality and number of persons coming out of our schools and colleges will depend our success in the great enterprise of national reconstruction whose principal objective is to raise the standard of living of our people. The task is neither unique nor is it quite new. But its magnitude, gravity and urgency have increased immensely and it has acquired a new meaning and importance in the context of liberalisation, globalisation and privatisation. If the pace of national development is to be accelerated there is need for a well defined, bold and imaginative educational policy and for determined and vigorous action to vitalize, improve and expand education.2. Education is to be used as a powerful instrument of social, economic and political change and therefore has to be ...
Tag this Judgment!Court : Karnataka
Decided on : Nov-10-2008
Reported in : ILR2009KAR2159
1. These appeals are filed by the appellants-petitioners being aggrieved by the impugned order dated 31.10.2006 passed by the learned Single Judge dismissing WP. No. 23987/2005 along with connected writ petitions.2. The appellant-petitioners claim to be the owners of land bearing Sy. No. 76/1 of Nagawara Village. They are challenging the notifications bearing Nos. CI.88 SPQ 2005 dated 30.4.2005 issued under Section 3(1) of Karnataka Industrial Area Development Act, 1966 (hereinafter called as KIAD Act) bearing No. CI/88 SPQ 2005 dated 30.4.2005 issued under Section 28(1) No. CI.88 SPQ 2005 dated 30.4.2005 issued under Section 28(4) No. CI 309 SPQ 2005 dated 24.9.2005 issued under Section 28(4) of KIAD Act' to declare the area comprised in Sy. No. 76/1 of Nagawara Village as an Industrial Area and also for acquiring the land in question for the purpose of Industrial Estate is illegal, as the same is in contravention of KIAD Act, Karnataka Land Acquisition Act, Karnataka Town and Country...
Tag this Judgment!Court : Karnataka
Decided on : Jun-30-2008
Reported in : AIR2008Kant199; 2009(1)KarLJ177; 2008(4)KCCR2527; 2008(6)AIRKarR106
Cyriac Joseph, C.J.1. The petitioner in this writ petition is a senior citizen whose son died in the year 1996 at the age of 20 years in a rood accident at Bangalore. It is stated that after the death of his son in the road accident, the petitioner has been devoting considerable time and effort in espousing public causes relating to road safety, vehicular traffic, traffic discipline and other relevant issues. The petitioner claims that he has filed this writ petition to espouse the public cause relating to road safety and excessive speeding by commercial vehicles within and outside the city limits in the State of Karnataka.2. The immediate provocation for filing the writ petition was Annexure-J Notification dated 29.06.2007 issued by the Government of Karnataka extending the time to fit the vehicles with Speed Governors and specifying that fitting of Speed Governors shall be mandatory only from 01.01.2008. The writ petition was filed challenging Annexure-J Notification and seeking a di...
Tag this Judgment!Court : Karnataka
Decided on : Sep-10-2008
Reported in : (2009)22VST371(Karn); 2009(2)KCCRSN62; 2009(4)AIRKarR436
ORDERN. Kumar, J.1. The petitioner is a private limited company registered under the Companies Act and having its registered office at Bangalore. The petitioner has a manufacturing unit at pondicherry. The petitioner is registered under the Karnataka Sales Tax Act (hereinafter for short referred to as the KST Act) and Central Sake Tax Act (hereinafter for short referred to as 'the CST Act'). The petitioner it engaged in the business of manufacture and supply of ATMs and manufacture, supply and trading of their parts and accessories. The petitioner also undertake Annual Maintenance Contracts (AMCs) for maintenance of ATMs. In so far as sale of parts and accessories of ATMs and maintenance of ATMs under the AMCs and construction of ATM rooms by the petitioner's branch in Bangalore are concerned, the petitioner has admitted its liability and filed returns for the assessment years 2002-03, 2003-04, 2004-05, 2005-06 and also 2006-07 under the KST and CST Acts. The petitioner has been duty a...
Tag this Judgment!Court : Karnataka
Decided on : Nov-04-2008
Reported in : ILR2009KAR446; 2009(3)KarLJ667:2008(5)KCCR3471:2009(1)AIRKarR475:AIR2009NOC1074.
ORDERS. Abdul Nazeer, J.1. In this case, the petitioner has called in question the validity of the final notification issued by the respondent No. l bearing No. HVD 49 MNJ 78 dated 14.5.1980 in respect of lands bearing Sy. No. 97/2 situated at Challakere Village, K.R. Puram Hobli, Bangalore East, Bangalore.2. The petitioner contends that he is the owner of the property in question having purchased the same under a deed of sale dated 8.3.1944. It is further contended that he had sold the said property in favour of one Kurian Thomas under a deed of sale dated 24.1.1980. It is further contended that Kurian Thomas has executed a General Power of Attorney as per Annexure 'F' dated 28.1.1995 in respect of the said property in favour of the petitioner and that she has been in possession and enjoyment of the said property from the date of the said Power of Attorney. It is further contended that since the respondents are trying to demolish the constructions made on the said lands, she has filed...
Tag this Judgment!Court : Karnataka
Decided on : Jun-13-2008
Reported in : 2009CriLJ215; 2008(5)KarLJ551
A.S. Pachhapure, J.1. The appellant has challenged his conviction and sentence for the offence under Sections 498-A, 307 and 302 of the Indian Penal Code, 1860 on a trial held by the Fast Track Court-V, Mysore.2. Sans unnecessary details the prosecution version unfolded during the trial is as under:Lakshmi (P.W. 1) is the wife of the accused and Madashetty (P.W. 2) is her father. Mahadeva (deceased) was the son of Madashetty (P.W. 2) and brother of Lakshmi (P.W. 1), whereas Sunanda (P.W. 7) is the wife of Mahadeva (deceased). Somanna (C.W. 1) is the younger brother of Lakshmi (P.W. 1). The marriage of Lakshmi (P.W. 1) was held with the accused about 8 years prior to the incident. Out of the wedlock, they have a female child aged about 7 years. The accused was a drunkard and was not providing food and clothes to his wife and she was harassed by cruel treatment of the accused and therefore, about 3 months earlier to the incident she came to the house of her father Madashetty (P.W. 2) alo...
Tag this Judgment!Court : Karnataka
Decided on : Jun-19-2008
Reported in : ILR2008KAR3395; 2008(6)KarLJ33; ILR2008(3)Kar3395; 2008(6)KLJ33; 2008(3)KCCR1975; 2008(5)AIRKarR233; AIR2008NOC2523(DB)
ORDERDeepak Verma, J.1. Sri. S.P. Shankar, learned senior counsel with Sri. D. Vijayakumar appeared for the petitioners and Sri. Shohit H. Shetty, learned Counsel appeared for respondent No. 1 and Sri. H.S. Lingaraj, learned Counsel appeared for respondent No. 2. Arguments heard. Record perused.2. The case has a long and chequered history, but to deal with the same, it is not required to give unnecessary details. However, short details of the case, are mentioned hereinbelow:Husband of petitioner No. 1 and father of minor girl, petitioner No. 2, Sri. H.R. Basappa, was working as Manager in APCO Concrete Block Industries, Kanakapura Road, Bangalore. His salary was more than Rs. 12,00,000/- per annum plus other fringed benefits. Respondent No. 1 is M/s. Standard Chartered Bank (hereinafter shall be referred to as the 'Bank') carrying on its Banking operation through out India. In order to allure prospective customers, so as to enable them to have Banking operations with the Bank, it offer...
Tag this Judgment!Court : Karnataka
Decided on : Feb-14-2008
Reported in : ILR2008KAR3453; 2009(4)KarLJ613; 2008(4)KCCR2536
N. Kumar, J.1. This is the plaintiffs second appeal against the judgment and decree of the lower appellate Court which has dismissed the suit for partition after setting aside the judgment and decree of the trial Court which had decreed the suit.2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.3. The plaintiff is the son of the first defendant Boregowda through his fourth wife Chikkathayama. Second defendant Krishnappa is the son of Boregowda through his second wife Smt. Jayamma. Basamma, Sakkamma and Boramma, defendants 3 to 5 are the daughters of Boregowda through his third wife Devamma.4. The case of the plaintiff is he and defendants constitute a Hindu Undivided Family. All the suit schedule properties are joint family properties. First defendant is the Kartha of the joint family. Plaintiff is in joint possession of the suit schedule properties as Co-larcener along with the defendants. As it is not possible for him to conti...
Tag this Judgment!Court : Karnataka
Decided on : Jan-02-2008
Reported in : 2009ACJ159; ILR2008KAR747; 2008(2)KarLJ746; 2008(1)KCCR295; 2008(2)AIRKarR507; 2008(4)CivilLJ132; 2008AIHC2021(Kar)(DB)
1. This appeal is listed today for hearing on admission, after notice to the respondents. Learned Counsel appearing on both the sides submit that the appeal may be taken up for final disposal. With the consent of the learned Counsel, the appeal is heard on merits and for final disposal.2. Respondents had filed claim petition under Section 163A of the Motor Vehicles Act, 1988 (for short, the Act) claiming compensation from the appellant, on account of the death of one Sri. Rahul Dundappa Navale on 19-5-2005 due to the fatal injuries sustained by him in an accident, caused by the driver of the bus bearing registration No. KA 23/F-836, owned by the appellant. The claim petition was contested by the appellant. After enquiry, the Tribunal has allowed the petition and has passed the award for Rs. 4,12,500/- payable with interest at 6% p.a. from the date of filing of the petition, till realisation. Being aggrieved, the appellant has preferred this appeal.3. Learned Counsel appearing for the a...
Tag this Judgment!Court : Karnataka
Decided on : Feb-14-2008
Reported in : AIR2008Kant132; ILR2008KAR2545; 2009(2)KarLJ147
D.V. Shylendra Kumar, J.1. This second appeal udder Section 100 of Code of Civil Procedure involves two short but interesting questions of law. The first is as to whether the customary practice prevalent in a community can prevail over the statutory provisions, particularly a customary practice of aliya Santana can prevail over the provisions of Section 8 of the Hindu Succession Act, 1956 [for short, the Act], and secondly as to whether the parties by their conduct start a custom afresh, though such custom was not prevalent earlier but sought to be followed by the act of parties?2. This second appeal is by the plaintiff in O.S. No. 101 of 1992, on the file of court of Munsiff at Karwar, praying for plaintiffs 1/6th share in the suit schedule properties and for division by metes and bounds, which suit was rightly decreed by the trial court came to be reversed in the R.A. No. 7 of 1997, on the file of court of Principal Civil Judge (Sr Dn), Karwar, wherein the learned judge of the lower ...
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