Karnataka Court January 2013 Judgments
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The State of Karnataka, by Sho of Shaktinagar Police Station, Represen ...
Court: Karnataka Gulbarga
Decided on: Jan-23-2013
(Prayer: This Criminal Appeal is filed under Section 378(1) and (3) of the Code of Criminal Procedure by the State Public Prosecutor for the state praying to grant leave to appeal against the judgment and order of acquittal dated 10.06.2008 passed by the learned Principal Sessions Judge, Raichur, in S.C.No.78/2007, acquitting the accused / respondents for the offences punishable under Section 498-A and 306 of IPC.) 1. Heard the learned Government Pleader and the learned counsel for the respondents. 2. The State is in appeal questioning the acquittal of the accused in the following background: The complainant one Muddu Ramulu, a resident of Kolpur village, Manganoor Mandal, Makthal Taluk of Andhra Pradesh, had alleged that the respondents herein are brothers and that the first respondent had married his daughter Tarangini about four years prior to the incident. It transpires that when Tarangini was studying in S.S.L.C., Respondent No.1 had developed a friendship with her and they had on...
Ravi and Others Vs. State of Karnataka, by Manna-e-khelli Police
Court: Karnataka Gulbarga
Decided on: Jan-22-2013
(Prayer: This Criminal Appeal is filed under Section 374(2) of the Criminal Procedure Code, 1973, against the judgment dated 8.1.2007 passed by the Principal Sessions Judge, Bidar in Spl.CC (NDPS) No.53/05 and etc.) 1. Heard the learned Counsel for the appellants and the learned Additional State Public Prosecutor. 2. The appellants were the accused before the trial court, who have suffered a sentence of rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- each, for committing an offence punishable under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Hereinafter referred to as the 'NDPS Act', for brevity). 3. The background to the said sentence being imposed is as follows:- It transpires that the Manna-e-Khelli Police had received credible information on 20th October 2005 at 11 a.m., of ganja being transported from Andhra Pradesh to Maharashtra and the concerned had gone near the Manna-e-Khelli bus-stand, where they found the...
Divisional Manager United India Insurance Co., Ltd. Vs. Mallappa Basap ...
Court: Karnataka Dharwad
Decided on: Jan-18-2013
(Prayer: This miscellaneous first appeal is filed under Section 173(1) of the Motor Vehicles Act against the judgment and award dated 12.09.2006 passed in MVC 313/2003 on the file of I Addl. Civil Judge (Sr.Dn) and CJM and Addl. MACT Dharwad, awarding compensation of Rs.1,85,000/- with interest @ 8% p.a. from the date of petition till realisation.) 1. This appeal is by the Insurance Company questioning the correctness and legality of the Judgment and award passed in MVC 313/2003 dated 12.09.2006 by I Addl. Civil Judge (Sr.Dn) and CJM, Dharwad whereunder claim petition has been allowed in part and a compensation of Rs.1,85,000/- with interest @ 8% p.a. is ordered to be paid by the appellant herein. 2. I have heard the arguments of Sri.S.C.Jainar, learned counsel appearing for the appellant and Sri.J.S.Shetty, learned counsel appearing for the respondents/claimants. Perused the judgment and award passed by the Tribunal and also records secured from the Tribunal. 3. It is the contention o...
United India Insurance Co, Ltd, Rep, by Its Manager M. Gopinatha Rao V ...
Court: Karnataka
Decided on: Jan-17-2013
(Prayer: This appeal is filed under section 173(1) of MV Act against the judgment and award dated 17.5.2008 passed in MVC No.8035/2004 on the file of III Additional Judge and Member, MACT, Bangalore, SCCH-18 awarding a compensation of Rs.4,15,000/- with interest at 6% P.A. from the date of petition till Realisation.) 1. Second respondent insurance company in MVC No.8035/2004 on the file of MACT, Bangalore, has come up in this appeal impugning the judgment and award dated 8.2.2008 passed therein. 2. Brief facts leading to this appeal are as under: The case of claimants before the Tribunal is that first claimant is widow of one Muniyappa @ Pullappa, claimants 2 to 4 are his children and 5th claimant is his mother. Though in the body of judgment she is shown as mother, in the cause title she is shown as wife of deceased Muniyappa @ Pullappa. According to claimants, on 27.11.2004 at about 5 pm., when deceased was proceeding in front of the shop of one Shamanna, complainant in FIR, which is...
Soman Anantnan Vs. the Superintendent of Customs Air Intelligence Unit ...
Court: Karnataka
Decided on: Jan-17-2013
(Prayer: This Criminal Petition is filed under section 439 read with section 167(2) of the Cr.P.C Praying to enlarge the petitioner and bail in O.R. No. 07/2012 pending before the XXXIII ACC and SJ and SPL. Judge (N.D.P.S), Bangalore for the offence punishable under NDPS Act.) 1. Petitioner has been arraigned as accused in the case registered by the Superintendent of Customs, Air Intelligence Unit, Bangalore International Airport (B.I.A.), Bangalore in O.R. No.7/2012 for several offences punishable under N.D. P.S. Act. 2. According to the case of the prosecution, at about 23.30 hours on 17.07.2012, the Immigration Officer at B.I.A. handed over this petitioner who was bound for Kuala Lumpur through Malaysian Airlines Flight No. MH193 scheduled to leave at 00.45 hours on 18.07.2012, to the Custom Officer of the Air Intelligence Unit at BIA suspecting that he may be carrying some contraband articles in his baggage. Thereafter, the petitioner was brought along with his baggage to the offic...
M/S. Shriram Chits (K) Private Ltd, Represented by Its Manager-legal S ...
Court: Karnataka
Decided on: Jan-17-2013
(Prayer: These Wps. Are filed under Article 226 and 227 of the constitution of India Praying to Quash the impugned order dated 10.7.09 vide Annx-D passed by R1 the Addl. Registrar of Co-Operative societies a in appeal. Quash the impugned order at Annx-C dated 3.5.07 passed by R3 the Dy. Registrar of Co-Operative Societies-1 and Consequently allow the dispute raised by the petitioner vide Annx-B.) Oral Judgment: Dilip B. Bhosale, J. 1. This group of writ petitions challenge separate order, with identical findings and reasons, dismissing the appeals filed by the petitioner against separate orders passed by the Deputy Registrar of Co-op. Societies - I, Bangalore District, and nominee of Joint registrar of Chits, Chamarajpet, Bangalore. In view thereof all the petitions were heard together and are disposed of by this common order. 2. Petitioner-Company is in the business of chit funds regulated by the Chit Fund Act, 1982 (for short ‘the Act’). The respondents in these pet...
Mrs. Radharani Mahadev Kolambe Belgaum Vs. the State of Karnataka, Rep ...
Court: Karnataka
Decided on: Jan-16-2013
(Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to call for the records and direct the respondents to issue to the petitioner an order of appointment as a Civil Judge (Jr. Dn.) in implementing of the select list of candidates bearing Notification dated 6th June 2009 vide Annexure-A expeditiously’ and without loss of further time.) 1. In response to a Notification No.CJRC-1/2006 dated 1st April 2006, inviting applications for recruitment to the posts of Civil Judges (Junior Division), in accordance with the Karnataka Judicial Services (Recruitment) Rules, 2004, the petitioner, an advocate, submitted application. The petitioner was successful in the written examination and was subjected to Viva-voce test. The select list of 232 candidates vide Annexure-A having been published, the petitioner’s name appears at Sl.No.41. The Government received information regarding the marriage of the petitioner with a married man already having ano...
D.B. Sujendra and Others Vs. the State of Karnataka Rep by Its Princip ...
Court: Karnataka
Decided on: Jan-16-2013
Oral: K. Sreedhar Rao, Ag. CJ. 1. A notification was issued calling for applications to fill up the posts of President of the District Consumer Redressal Forums of Kodagu, Kolar, Hassan and Bidar districts. Petitioner No.1 applied for the districts of Hassan and Kodagu, petitioner No.2 applied for the districts of Kolar, Kodagu, Hassan and Bidar, and petitioner No.3 applied for the districts of Kodagu and Hussan. When the process of selection was pending, respondent No.2 effected transfers of the Presidents of the District Consumer Redressal Forums at Koppal, Dharwad and Bellary districts (respondent Nos.4 to 6 respectively) to Kolar, Hassan and Kodagu districts. In view of the said transfers, the petitioners submit that the process of selection to the post of President of District Forums of Kolar, Hassan and Kodagu districts is rendered infructuous. The transfers effected are mala fide and illegal and hence seek quashing of the order of transfers issued vide Annexure-E dated 23.04.201...
H.R. Narayana Rao and Others Vs. the State of Karnataka Represented by ...
Court: Karnataka
Decided on: Jan-16-2013
(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India Praying to issue a writ in the nature of certiorari or other similar nature to quash Annexures-B, C and D, The Official Gazettes issued by the Respondents U/S 10(1-A) and 10(1-B) of the Consumer Protection Act, 1986 dated 24.09.2011, 13.10.2011 and 20.10.2011.) 1. These writ petitions are filed in public interest by the petitioners for quashing the notifications issued vide Annexures-B, C and D in the Official Gazettes by Respondent No.3 under Section 10(1-A) and 10(1-B) of the Consumer Protection Act, 1986, inviting applications to fill up the posts of President of the District Consumer Disputes Redressal Forums and the members, of Kolar, Bidar, Hassan and Kodagu districts and also seeking mandamus directing the State Government-Respondent No.1 to frame necessary Rules by exercise of powers under Section 30(2) of the Consumer Protection Act. However, learned counsel for the petitioners subm...
The Manager, the New India Assurance Co., Ltd. Vs. the Manager, Royal ...
Court: Karnataka
Decided on: Jan-15-2013
(This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 11/07/2006 passed in MVC No.2862/2005 on the file of Member, Motor Accident Claims Tribunal, Mayo Hall Unit, Bangalore (SCCH-20), awarding a compensation of Rs.3,08,000/- with interest at the rate of 6% p.a.from the date of petition till payment.) 1. All these three appeals by the Insurer are directed against the common judgment and award dated 11th July 2006, passed in M.V.C. Nos. 2862/2005, 2861/2005 and 2860/2005 respectively by the Member, Motor Accident Claims Tribunal, Mayo Hall Unit, Bangalore (SCCH-20), (for short, ‘Tribunal’). 2. The facts in brief are that, claimants in M.V.C.No.2862/2005 are the mother and younger sister of deceased Fazil Pasha, claimants in M.V.C.No.2861/2005 are parents and younger sister of deceased Suhail Ahmed and claimants in M.V.C.No.2860/2005 are the parents of deceased Mohd. Sadiq. All of the claimants filed their individual claim petitions under Section 166 (1...
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