Karnataka Dharwad Court June 2014 Judgments
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Suresh and Others Vs. The State Of Karnataka and Another
Court: Karnataka Dharwad
Decided on: Jun-04-2014
(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C Seeking To Quash The P.C.No. 142/2013 Now Numbered As C.C.N0.858/2013 Pending On The File Of The J Mfc Ii-Court, Hubli.) 1. Heard learned counsel for the petitioners, learned High Court Government Pleader for respondent No. 1 - State and learned counsel for respondent No.2. Perused the records. 2. The petitioners herein have approached this Court for quashing of the proceedings in P.C. No. 142/2013, which was later registered as C.C. No.858/2013. The private complaint was filed against the petitioners for the offences punishable under. Sections 494, 109 and 114 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity). 3. The learned counsel for petitioners strenuously contended that the private complaint filed by complainant Smt. Rajeshwari does not disclose any specific allegations against the petitioner Nos.2 to 4. The omni bus allegations have been made against petitioners with r...
Rama and Others Vs. Mastamma and Others
Court: Karnataka Dharwad
Decided on: Jun-03-2014
(Prayer: This R.S.A. is filed U/S 100 of CPC against the Judgment and Decree dated 30.10.2010 passed in R.A. No.17/2009 On The File of the Senior Civil Judge, Honavar (Itinerary Court At Bhatkal) Dismissing the appeal filed against the judgment dated 28.02.2009 and the decree passed in O.S. No. 93/2005 on the file of the Principal Civil Judge (Jr. Dn.) and JMFC at Bhatkal Decreeing the suit filed for Partition and Permanent Injunction.) 1. The defendants of an original suit bearing O.S. No. 93/2005 which was pending on the file of Court of Civil Judge (Sr. Dn.) and JMFC, Bhatkal of Uttara Kannada District are before this Court challenging the judgment and decree passed against them on 28.02.2009 and the affirmation of the same in R.A. No. 17/2009 which was pending on the file of Court of Senior Civil Judge, Honnavar Iternating at Bhatkal. 2. Suit filed for the relief of partition and separate possession by Smt. Mastamma wife of Subbayya Naik, first respondent herein as plaintiff has be...
Rajashekhar Vs. Vijaykumar
Court: Karnataka Dharwad
Decided on: Jun-03-2014
(Prayer: This Rsa Is Filed U/S. 100 Of Cpc., Against The Judgement and Decree Dtd:02-01-2010 Passed In R.A.No.41/2005 On The File Of The Fast Track Court-I, Chikodi, Dismissing The Appeal, Filed Against The Judgment Dtd:05-03-2005 And The Decree Passed In O.S.No.89/2002 On The File Of The Civil Judge (Jr. Dn.) and Nipani, Decreed The Suit Filed For Injunction.) 1. Plaintiff of an original suit bearing O.S.No.89/2002 which was pending on the file of the Court of Civil Judge (Jr.Dn.), Nippani, of Belgaum District, is before this Court as he is aggrieved by the judgment of the First Appellate Court passed in R.A.No.41/2005 i.e., by the Fast Track Court-I, at Chikodi. The respondent herein is the absolute owner of the suit schedule property situated in Nippani town of Chikodi Taluk. Plaintiff's father Appasaheb was doing business in tobacco and hence he had taken the premises in question on lease from the respondent herein and was paying monthly rent as agreed. Plaintiff's father died in t...
Ambalal Vs. Iranna and Another
Court: Karnataka Dharwad
Decided on: Jun-03-2014
(Prayer: This Appeal Is Filed Under Section 100 Of Cpc Against The Judgment And Decree Dated 21.12.2009 Passed In R.A.No.41/2001 On The File Of The Prl. Civil Judge (Sr.Dn.) Gokak, Dismissing The Appeal, Filed Against The Judgment Dated 07.02.2001 And The Decree Passed In O.S.No.244/1989 On The File Of The Addl. Civil Judge (Jr.Dn.), Gokak Dismissing The Suit Filed For Actual And Vacant Possession Of Suit Property.) 1. This appeal is filed by the plaintiff of an original suit bearing O.S.No.244/1989, which was pending on the file of the Additional Civil Judge (Jr.Dn.), Gokak. Suit filed for the relief of possession of the encroached portion came to be dismissed by a considered judgment dated 07.02.2001. 2. On the basis of the pleadings of the parties, as many as 9 issues and one additional issue had been framed by the trial Court. i) Whether plaintiff proves that he is the owner of R.S.No.139/1A measuring 3 acres 17 guntas assessed at 4-50P of Gokak? ii) Whether plaintiff proves that t...
Sripad Vs. Ramadas M. Shet
Court: Karnataka Dharwad
Decided on: Jun-02-2014
(Prayer: This Criminal Appeal Is Filed Under Section 378(4) Of Code Of Criminal Procedure, Praying To Set Aside The Order Dated 11.06.2009 Passed By The J.M.F.C., Honnavar In C.C. No. 77/2006 And Respondent May Be Convicted For The Offence Punishable Under Section 138 Of The Negotiable Instruments Act By Allowing This Appeal With Cost Through Out.) 1. The present appeal is preferred against the Judgment passed by the Principal J.M.F.C., Honnavar in C.C. No. 77/2006 dated 11.06.2009 in acquitting the accused for the offence punishable under Section 138 of Negotiable Instruments Act. 2. Being aggrieved by the said Judgment and Order passed by the Trial Court, the complainant approached this Court seeking indulgence of this Court to reverse the judgment of acquittal and to convict the accused for the offence under Section 38 of Negotiable Instruments Act. 3. The respondent appeared before this Court through his Counsel. I have heard the learned Counsel for the appellant and as well as the...
Arun and Others Vs. The State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Jun-02-2014
(Prayer: This Rsa Is Filed U/S.100 Cpc Against The Judgment And Decree Dated 30.08.2011 Passed In R.A.No.73/2008 On The File Of The Prl. District Judge, Belgaum, Dismissing The Appeal, Filed Against The Judgment Dated 03.12.2007 And The Decree Passed In O.S.No.221/2006 On The File Of The Addl. Civil Judge (Srdn.), Gokak, Dismissing The Suit Filed For Declaration Of Title By Adverse Possession And For Permanent And Mandatory Injunctions.) 1. Perused the judgments of the trial Court passed in O.S.No.221/2006 and affirmed by the First Appellate Court in R.A.No.73/2008. 2. Appellants were plaintiffs before the trial Court i.e., the Court of Addl. Civil Judge (Sr.Dn.), Gokak, in O.S.No.221/2006. They had filed a suit for the relief of declaration of title by way of adverse possession and for permanent and mandatory injunction. Suit filed against the respondents herein came to be dismissed by a considered judgment dated 03.12.2007. Against the said judgment and decree passed in O.S.No.221/20...
Sachin Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Jun-02-2014
(Prayer: This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, praying to call for the records in S.C. No.132/2009 and set aside the judgment of conviction and order of sentence dated 28.11.2011 passed by the VI Addl. Sessions Judge, Belgaum, in S.C. No.132/2009 for the offence P/U/S.498 (A), 306 and 304 (B) of IPC and u/s 3, 4 and 6 of Dowry Prohibition Act. 1. The appellant is assailing the legality of the judgment and order dated 28.11.2011 passed by the V Addl. Sessions Judge, Belgaum (I/C VI Addl. Sessions Judge, Belgaum) in SC No.132/2009. By the said judgment, the appellant who was arraigned as the first accused is convicted for commission of the offences punishable under Sections 498A, 306, 304-B read with Section 34 Indian Penal Code ('IPC' for short) and under Sections 3, 4 and 6 of Dowry Prohibition Act ('D.P. Act for short). 2. The sentence imposed for the offence under the different provisions is as follows: (i) Section 304-B of I.P.C. - Lif...
Ramachandra S. Bhagavat Vs. The State Of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Jun-02-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Endorsement Issued By Respondent No.3 Vide Annexure-H Dated 17.06.2013 As Null And Void And To Issue Direction To The Respondent No.3 To Comply The Order Passed In W.P.No .66974/2012, Dated 19.2.2013, Vide Annexure-G, Etc.) 1. Petitioner is a member of respondent No.4- Co-operative Bank. He was elected as a director of the bank. He had lodged a complaint on 28.11.2008 before respondent no.2 alleging acts of misappropriation and thereby causing deficiency in the funds and assets of respondent no.4. Based on the said complaint respondent no.2 issued a direction on 20.12.2008 to respondent no.3 to initiate an enquiry into the affairs of the respondent no.4. An Enquiry Officer having been appointed, conducted enquiry under Section 64 of the Karnataka Co-operative Societies Act, 1959 (hereinaf ter ref erred to as 'the Act' f or short) and submitted report which revealed the cau...
Raju Vs. Dilawar D. Peerkhan and Another
Court: Karnataka Dharwad
Decided on: Jun-02-2014
(Prayer: This MFA Is Filed Under Section 173(1) Of The M.V.Act, Against The Judgement And Award Dated 19-11-2009, Passed In Mvc.No.1086/2007, On The File Of The Member, Addl. Mact, Saundatti, Partly Allowing The Claim Petition For Compensation And Seeking Enhancement Of Compensation.) 1. Dissatisfied with the compensation awarded by M.A.C.T., the claimant has filed this appeal for awarding of just compensation by way of enhancement. 2. Heard the learned advocates on both sides and perused the record. 3. 2nd respondent - Insurance Company which was fastened with the liability by the M.A.C.T. to pay the determined compensation has satisfied the award. Thus, the finding recorded by the Tribunal on issue No.1 has attained finality. In the circumstances, only point for consideration is: "Whether the Tribunal has awarded just and reasonable compensation in favour of the petitioner?" 4. Accident in question occurred on 24.11.2006 and the petitioner suffered the following injuries: "1. Fractur...
Ramesh Vs. The State of Karnataka, Urban Development Department and Ot ...
Court: Karnataka Dharwad
Decided on: Jun-02-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Direct The Respondents 1 And 2 To Consider The Representations Df. 11.12,2006, 4.5.2010 and 5.12.2012 Submitted By The Petitioner Vide Annexures-J, L and N Respectively.) 1. Heard the learned counsel for the petitioner and also the learned Government Pleader for the respondents 1 to 3. 2. In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought for writ of mandamus directing the respondents 1 and 2 to consider the representations dated 11.12.2006, 4.5.2010 and 5.12.2012 vide Annexures-T, V and xli' respectively. 3. The case of the petitioner is that he was appointed as Junior Engineer on daily wage basis on 26.12.1983. His services were regularized by the second respondent by order dated 1 1.8.1997 with effect from 26.12.1993. The first respondent prepared separate seniority list of Junior Engineers and Assistant Engineers in the year 1...
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