Karnataka Court April 2011 Judgments

K.A. Raghavendra Prasad Vs. State of Karnataka by Sho, Bangalore City ...

Court: Karnataka

1. These three appeals arise out of the judgment dated 30.6.2007 and order of sentence 2.7.2007 passed by the Sessions Judge and Special Sessions Judge (Special Court to try fake stamp paper cases), Bangalore (hereinafter referred to as ‘the Special Court’) in SC.No.67/2006, convicting the appellants for offences under Sections 120B, 255, 256, 259 r/w 120-B IPC and sentencing them for various terms of imprisonment and fine as detailed in the tabulation below: AccusedOffencesImprisonmentFineIDA-1Secs. 255 r/w. 120-B-IPC10 years`25,00,000/-2 YearsA2-5Secs. 255 r/w. 120-B IPC7 Years`5,00,000/-2 YearsA1-5Secs. 256 r/w. 120-B IPC7 years`1,00,000/-2 YearsA1-5Secs. 256 r/w. 120-B IPC7 Years`1,00,000/-2 YearsA1-5Secs. 256 r/w. 120-B IPC7 Years`1,00,000/-2 YearsA1-5Secs. 259 r/w.120-B IPC7 Years`1,00,000/-2 YearsA1-5Secs. 259 r/w120-B IPC7 Years`1,00,000/-2 YearsA1-5Secs. 20-B IPC7 Years`2,00,000/-2 Years2. Crl.A.No.1385/2007 is filed by the Accused No.1 Crl.A.Nos. 1199/2007 is file...

Mahadevappa and Others Vs. Chikkappa Shivappa Kali and Others

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR1897

(Prayer: This Regular Second Appeal is filed under Section 100 OF CPC. Against the judgement and decree dated:07/12/2009 passed in R.A.NO.60/1985 on the file of the Additional Civil Judge (SR. DN.) GADAG, Sitting At Judgment Dated: 07/11/1985 and the decree passed in O.S.NO.28/1980 ON THE FILE OF THE MUNSIFF AND JMFC., LAXMESHWARA, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMATION OF CONTRACT OR FOR REFUND OF EARNEST MONEY.) 1. This second appeal by the plaintiff in OS No.28 of 1980 – a suit for specific performance of agreement dated 7.6.1975 purporting to convey agricultural property measuring 13 acres 20 guntas in R.S. No.57/1 situated at Devihal Village, for total consideration of Rs.3,600/- and a sum of Rs.2,000/- had been paid at the time of agreement and balance Rs.1,600/- to be paid later, impleading the owner of the land as first defendant and subsequent purchaser of the very property as per the sale deed dated 3.7.1980 – Exhibit. D1 as second defendant and suing ...

The Commissioner of Central Excise and Service Tax Vs. M/S. Bill Forge ...

Court: Karnataka

1. This appeal is by the revenue challenging the order passed by the Tribunal, setting aside the order passed by the lower authorities holding that the assessee is liable to pay interest and penalty for taking the Cenvat credit wrongly. 2. The facts are not in dispute. 3. The assessee is engaged in the manufacture of accessories of motor vehicles falling under Chapter Sub Heading 87081090 of Central Excise Tariff. They are registered under the Central Excise Act, 1944. They avail Cenvat Credit of duty paid on the inputs, capital goods and the taxable services used in the manufacture of final product. During the scrutiny of the ER 1 Return for the month of June 2007, it was observed that the assessee had taken excess credit of Rs. 98,77,446-00 on capital goods. The said fact was pointed out to the assessee. The assessee by their letter dated 12.09.2007 admitted the wrong committed by them and informed the Revenue that they have reversed the same in September,2007. They have over drawn o...

P. Subraya Naik and Others Vs. the Honand#8217;ble Chief Justice, High ...

Court: Karnataka

(These petitions are referred to full bench to decide the question as to whether the Hon’ble chief Justice is proper and necessary party to these writ petitions wherein the petitioners have challenged the high Court of Karnataka service (conditions of service and recruitment) (Second Amendment) Rules, 2009 and consequential promotions thereunder as violative of Articles 14 and 15 of the constitution of India”?) V.G. SABHAHIT, J. ORDER ON REFERENCE The question of law that is referred for the opinion of this Bench is as follows: “Whether the Hon’ble Chief Justice is proper and necessary party to these writ petitions wherein the petitioners have challenged the High Court of Karnataka Service (Conditions of Service and Recruitment) (Second Amendment) Rules, 2009 and consequential promotions thereunder as violative of Articles 14 and 15 of the Constitution of India”? 2. When these petitions were filed, office objections were raised stating that the Hon’b...

United India Insurance Company Ltd., Now Represented by Its Regional O ...

Court: Karnataka

(Prayer: MFA Filed U/S 30(1) of W.C. Act against the Judgment and Award dated:30.06.2009 passed in WCA.SR-6/08(F) on the file of the workmen’s Compensation Commissioner, D.K. Subdivision-2 Mangalore, Awarding A Compensation of Rs. 3,56,980/- with Interest @ 12% P.A.) 1. The 2nd respondent insurance company in Sr.No.6/2008 on the file of Commissioner for Workmen’s Compensation. Dakshina Kannada. Mangalore has come up in this appeal challenging the order dated 30.6.2009 passed therein. 2. Brief facts leading to this appeal are: One Janardhan Gowda who was working as driver of lorry bearing No.KA-19/4001 belonging to 1st respondent insured with 2nd respondent met with an accident on 19.11.2007 at about 1.10 in the afternoon. Subsequently, his widow and children filed claim petition seeking compensation for his death against the owner of lorry and also insurance company contending that accident resulting in the death of Janardhan Gowda has taken place in the course of his emplo...

Basavaraj Vs. the State of Karnataka and Others

Court: Karnataka

(This Criminal Petition is filed U/s 482 Cr.P.C. praying to quash the complaint /FIR and further proceedings in CR.No.112/2010 (FIR No.174/1/10- (Police Station at Bhalki Town vs. Basavaraj), pending before the Civil Judge (Sr.Dn.) and J.M.F.C., at Bhalki, in the interest of Justice and equity.) In this petition filed under Section 482 Cr.P.C., the petitioner, who is a practicing advocate at Bhalki Taluk in Bidar district, has sought for quashing the complaint and the FIR in Crime No.112/2010 of Bhalki Town Police registered on the basis of the complaint lodged by the Deputy Secretary, DPAR, Government of Karnataka, Bangalore. 2) Few facts relevant are as under:- One Veeranna Sanganna Biradar, resident of Bhatambra Village in Bider District had filed an application for the grant of pension payable to freedom fighters. Enquiry on the said application had been started on 30.4.2010 before the Deputy Secretary to the Government of Karnataka, DPAR, M.S.Building, Bangalore. On account of the...