Karnataka Dharwad Court February 2015 Judgments
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M/s. Raviraj Enterprises A Partnership Firm Vs. The Commissioner Of Ex ...
Court: Karnataka Dharwad
Decided on: Feb-18-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying This Hon'ble Court To: Quash The Impugned Order Dated 10-02-2015 Passed By The Karnataka Appellate Tribunal In Appeal No. 21/2015 Vide Annexure-F.) 1. Challenge in this petition is to an order passed dismissing I.A.No.1 by the Karnataka Appellate Tribunal (for short 'the Tribunal'), in an appeal filed under Section 61(3) of the Karnataka Excise Act, 1965. 2. Background facts in a nutshell are as follows: The petitioner is a CL-2 licencee. Alleging that the business premises of the petitioner is within objectionable distance from a certain institution, a show cause notice was issued by the 2nd respondent, as to why he should not be directed to shift the business to some other premises. A reply was submitted stating that the rigour of Rule 5 may be relaxed, since he has been carrying on the business in the same place for several years and that power conferred on the authority to relax the app...
Naga @ Nagarajegouda Amasegouda and Others Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Feb-18-2015
(Prayer: This Criminal Appeal Is Filed U/S 374(2)Cr.P.C. Seeking To Set Aside The Judgment Of Conviction And Order Of Sentence Dated 26.03.2010, Passed By Sessions Judge And Fast Track Court Iv, Belgaum In S.C.No.275/2008 And Thereby Convicting The Appellants And Sentencing Them To Undergo Rigorous Imprisonment For 10 Years Each And To Pay Fine Of Rs.25,000/- Each And In Default To Pay Fine To Undergo Simple Imprisonment For 1 Year For The Offence U/S 395 Of Ipc.) 1. The appellants herein are the accused Nos.1 to 4 in S.C.No.275/2008 on the file of the Sessions Judge, Fast Track - 4, Belgaum. They are convicted for the offences punishable under Section 395 of IPC. 2. Briefly stated, on 01.12.2006, while the manager and his staff of State Bank of India, Chennammanagar Branch, Belgaum, were on their duty, at 10.30 a.m., 7 to 8 persons, posing themselves as customers entered the said bank; by wielding Pistol, Revolver and Chopper they demanded cash and dragged all the staff and the custom...
M/S. Raviraj Enterprises Vs. The Commissioner of Excise in Karnataka
Court: Karnataka Dharwad
Decided on: Feb-18-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE18T H DAY OF FEBRUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.102040 OF2015[EXCISE]. BETWEEN: M/S. RAVIRAJ ENTERPRISES A PARTNERSHIP FIRM, CL-2 LICENSEE, OCC: BUSINESS, C.T.S.NO.3323-E, AND HOUSE NO.3, RANEBENNUR TOWN-581115, HAVERI DISTRICT, RPTD. BY ITS MANAGING PARTNER, NIJALINGAPPA S/O NEELAPPA HULAGAMMANAVAR, AGED ABOUT40YEARS ... PETITIONER (BY SRI. MOHAN BHAT, ADV.) AND:1. 2. THE COMMISSIONER OF EXCISE IN KARNATAKA BMTC COMPLEX, SHANTHINAGAR, BENGALURU-560028. THE DEPUTY COMMISSIONER OF EXCISE HAVERI DISTRICT, ZILLA BHAVAN, DEVAGIRI, HAVERI-581110. ... RESPONDENTS (BY SMT. K.VIDYAVATHI, AGA) :2. : THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF CONSTITUTION OF INDIA PRAYING THIS HONBLE COURT TO: QUASH THE IMPUGNED ORDER DATED1002-2015 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL No.21/2015 VIDE ANNEXURE-F. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ...
Gajanan Ramachandra Velangi Vs. Vijaya Irappa @ Chudamani Undre and Ot ...
Court: Karnataka Dharwad
Decided on: Feb-11-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying To A. Strike Down Stamp On Instruments Article 5(E) If Relating To Sale Of Immovable Property Wherein Part Performance Of The Contract,(I) Possession Of The Property Is Delivered Or Is Agreed To Be Delivered Without Executing The Conveyance, (Ii) Possession Of The Property Is Not Delivered, And Etc.) 1. In CMP.8/2006, by order dated 2.8.2006, Sri.B.S.Ramakantha, District Judge (Retd), was appointed as the sole arbitrator, to adjudicate the dispute between the petitioner and the respondents, in respect of the matters pertaining to 'an agreement of sale' dated 14.4.2012. Learned Arbitrator having entered the reference, the parties filed their respective pleadings. Points for determination having been moulded, affidavit evidence of the petitioner was filed. During the course of further evidence of the petitioner, on 21.04.2008, before the learned Arbitrator, the original agreement of sale was ...
Shriram Transport Finance Co. Ltd. Vs. Akhilabanu
Court: Karnataka Dharwad
Decided on: Feb-11-2015
(Prayer: This CRL.A. is filed U/S. 378(4) CR.P.C by the advocate for the Appeal praying that this Honble Court may be pleased to set aside the Judgement and order of Acquittal dated 16/4/2009 passed by the Additional Civil Judge (Jr.DN.) and JMFC Hospet in C.C.No. 634/2008 and convict the respondent for an offence P/U/S 138 of Negotiable instruments act.) 1. This appeal is filed assailing the judgment of acquittal recorded by the learned Magistrate in dismissing the complaint filed the complainant in respect of offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as N.I. Act for brevity) thereby acquitting the respondent accused. 2. Facts succinctly stated, the complainant Sriram Transport Finance Company Limited filed a private complaint through its General Power of Attorney holder against the accused alleging the offence punishable under Section 138 of N.I. Act. The allegation was, the accused being a customer of the Company availed loan from th...
Sri. Gajanan Ramachandra Velangi, Vs. Sri. Vijaya Irappa @ Chudamani U ...
Court: Karnataka Dharwad
Decided on: Feb-11-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE11T H DAY OF FEBRUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION NO.68108/2010 (GM-ST/RW) BETWEEN SRI. GAJANAN RAMACHANDRA VELANGI, AGE:47. YEARS, OCC: BUSINESS, R/O No.148/B, BHUDHAWAR PETH, TILAKWADI, BELGAUM. ... PETITIONER (BY SRI F V PATIL, ADV.) AND1 SRI. VIJAYA IRAPPA @ CHUDAMANI UNDRE, AGE: MAJOR, OCC: AGRICULTURE, R/O16421, ANASURKAR GALLI, BELGAUM.2. MISS. REKHA D/O IRAPPA CHUDAMANI UNDRE, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O16421, ANASURKAR GALLI, BELGAUM.3. MISS. PRAMILA D/O IRAPPA CHUDAMANI UNDRE, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O16421, ANASURKAR GALLI, BELGAUM.4. SHRI. NARAYAN S/O SIDRAI CHOUGALE, AGE: MAJOR, OCC: CONTRACTOR, R/O A/P MANNUR, BELGAUM. :2. :5. 6. 7.8. 9. SHRI. JOTIBA S/O SIDRAI CHOUGALE, AGE: MAJOR, OCC: CONTRACTOR, R/O A/P MANNUR, BELGAUM. SHRI. AJIT BABURAO JADHAV, AGE: MAJOR, OCC: ENGINEER, R/O4360A, CHAVAT GALLI, BELGAUM. SHRI. ASHOK KEMPANNA NAIK, AGE: MAJOR, ...
m/s.shriram Transport Finance Co. Ltd. Vs. smt.akhilabanu W/O md.fazal
Court: Karnataka Dharwad
Decided on: Feb-11-2015
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE11H DAY OF FEBRUARY, 2015 BEFORE THE HONBLE MRS. JUSTICE RATHNAKALA CRIMINAL APPEAL No.2722/2009 BETWEEN: M/S.SHRIRAM TRANSPORT FINANCE CO. LTD. A COMPANY REGD.UNDER THE COMPANIES ACT HAVING ITS ADMN.OFFICE AT MOOKAMBIKA COMPLEX,III FLOOR,4,LADY DESIKACHARYA MYLAPORE,R/B ITS PA HOLDER G.KRISHNAMURTHY S/O G DEVAREDDY GOUDA OPP.JAYARAM HOSPITAL, HOSPET. ... APPELLANT (BY SRI.: *ANANTH KUMAR S HABIB, ADV.) AND SMT.AKHILABANU W/O MD.FAZAL AGED:34 YRS, OCC:BUSINESS, R/O1T CROSS,M.J.NAGAR, OPP.FIRDOSH MANZIL,NEAR INCOME TAX OFFIC DAM ROAD, HOSPET, DIST:BELLARY. ... RESPONDENT (BY SRI.: VIJAY MALALI, ADV. FOR HEGDE NEERALAGI & PATIL ) * Corrected vide court order dated 05/03/2015 Sd/- RKJ2THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPEAL PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGEMENT AND ORDER OF ACQUITTAL DATED164/2009 PASSED BY THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC HOSPET IN ...
Rashmi D/O Raghavendra Joshi Vs. The Commissioner
Court: Karnataka Dharwad
Decided on: Feb-10-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10H DAY OF FEBRUARY, 2015 BEFORE THE HONBLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION No.112523 OF2014S-RES]. BETWEEN RASHMI D/O RAGHAVENDRA JOSHI AGE:29. YEARS, OCC: NIL, R/O. HAMMAGI APARTMENT, NEAR RAILWAY KALYANMANTAPA MALMADDI, DHARWAD (BY SRI. SHRI HARSHA NEELOPANT, ADVOCATE) ... PETITIONER AND THE COMMISSIONER DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, NO.8, CUNNINGHAM ROAD, BANGALORE-560052 (BY SMT. VEENA HEGADE, HCGP) ... RESPONDENT THE THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH IMPUGNED ENDORSEMENT DATED2011.2014 PASSED BY THE RESPONDENT REJECTING THE APPLICATION OF THE PETITIONER SEEKING FOR APPOINTMENT ON COMPASSIONATE GROUND AS PER ANNEXURE-A. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: :2. : ORDER Government Advocate is directed to take notice. Heard Shri Shriharsh A. Neelopant, learned c...
Neelappagouda Vs. The State of Karnataka, Department of Transport, Ban ...
Court: Karnataka Dharwad
Decided on: Feb-05-2015
(Prayer: This writ petition is filed under Article 226 of Constitution of India praying to quash the order dated 18.11.2014 passed by the 2nd Respondent and consequently allow the appeal as prayed for, and the copy of the same is at Annexure-D, etc.) 1. Petitioner is working as a driver in KSRTC. On 25.08.2014, at about 6.30 p.m., while he was on duty and proceeding from B.C. Road to Mangaluru, on N.H. No. 75, driving a bus bearing No. KA-19F/2461, near Kadri Rice Mill, an accident occurred and one Gangadharappa, sustained injury. A First Information Report, under Ss. 279 and 238 of IPC, was registered in Crime No. 304/2014, by the Mangaluru Rural Police. Later, it was converted to S.304A of IPC. On 26.08.2014, Traffic Police Inspector (East), Kadri, Mangaluru, having submitted a report, Assistant Commissioner of Police, Mangaluru City, sent a communication dated 18.09.2014, to the Assistant Regional Transport Officer, Bailhongal i.e. the 3rd respondent, to suspend the driving licence ...
Neelappagouda S/O Virupaxgouda Patil Vs. The State of Karnataka rptd.b ...
Court: Karnataka Dharwad
Decided on: Feb-05-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE5H DAY OF FEBRUARY, 2015 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.112584 OF2014[MV]. BETWEEN NEELAPPAGOUDA S/O VIRUPAXGOUDA PATIL AGED ABOUT34YEARS, OCC: DRIVER (NOW NIL) R/O. ACHAMATTI, TQ: SAVADATTI, DIST: BELGAUM. ... PETITIONER (BY SMT: VAISHALI K. KALADAGI, ADV.) AND1 2.3.4. THE STATE OF KARNATAKA RPTD. BY ITS SECRETARY DEPARTMENT OF TRANSPORT, MS BUILDING, BANGALORE. THE APPELLATE AUTHORITY AND DEPUTY COMMISSIONER OF TRANSPORT, BELGAUM DIVISION, BELGAUM. THE ASST. REGIONAL TRANSPORT OFFICER BAILAHONGAL DIVISION, BAILAHONGAL DIST: BELGAUM. THE SUPERINTENDENT OF POLICE MANGALORE, MANGALORE. (BY SMT: K. VIDYAVATI, AGA. FOR R-1 TO R-4) ... RESPONDENTS :2. : THIS WRIT PETITION IS FILED UNDER ARTICLE226OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED1811.2014 PASSED BY THE2D RESPONDENT AND CONSEQUENTLY ALLOW THE APPEAL AS PRAYED FOR, AND THE COPY OF THE SAME IS AT ANNEXURE-D, ETC. THIS...
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