Karnataka Court January 2013 Judgments
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H.C. Karigowda @ Srinivasa, Hassan Dist. and Others Vs. State of Karna ...
Court: Karnataka
Decided on: Jan-04-2013
(Prayer: This Appeal is filed under Sec.374(2) Cr.P.C. praying to set aside the judgment and order of conviction dated 18/22.9.2008 passed by the Addl. Sessions Judge, Fast Track Court-I, Hassan in SC No.143/2005 convicting the appellants/accused for the offence P/U/S.143, 147, 148, 341, 302, 427 IPC R/w Sec.149 IPC and appellants/accused Nos. 1, 3 to 9 are sentenced to undergo S.I. for three months each for the offence p/u/s/ 143 of IPC and further sentenced them to undergo SI for 3 months each for the offence P/U/S.147 of IPC R/w Sec.149 of IPC and sentenced them to undergo S.I. for 3 months each for the offence P/U/S. 148 of IPC R/w 149 of IPC and sentenced them to undergo S.I. for one month each for the offence P/U/S.341 of IPC R/w Sec.149 of IPC and sentenced them to undergo life imprisonment each and to pay fine of Rs.2,000/- each in default to pay fine amount to undergo SI for 6 months each for the offence P/U/S.302 of IPC R/w Sec.149 of IPC and sentenced them to undergo S.I. fo...
The State Through University P.S. Vs. Nagappa
Court: Karnataka Gulbarga
Decided on: Jan-04-2013
(Prayer: This criminal appeal filed under Section 378 (1) and (3) Of Cr.P.C. Praying to grant leave to file an appeal against the Judgement and order dated 13.10.2008 passed by the I Addl. Dist. And Sessions Judge, Gulbarga In Spl.Case No.35/2008, closing the split up case against the respondent/accused for the offences punishable under Section 136 Electricity Act 2003 read with Section 379 of Ipc.) 1. By the impugned order, the Court below has closed the Special Case No.35/2008. Consequently, acquitted the accused/respondent herein. 2. The records reveal that all the five accused including the respondent herein in furtherance with the common intention allegedly cut and removed and committed theft of aluminium electrical wire fixed on the electrical poles situated in the land bearing Sy.Nos.65 and 66 belonging to CW7 during night hours of 21.03.2006 and took away the said aluminium wire. Thus the accused allegedly committed the offence punishable under Section 379 of IPC read with Sect...
Dr. Bheemashanker and Others Vs. Tushar Girimath and Others
Court: Karnataka Gulbarga
Decided on: Jan-04-2013
(Prayer: This CCC is filed under Sections 11 and 12 of the Contempt of Court Act 1971, Initiate and take appropriate action against the accused for their failure to give affect to the verdict dated 12.12.2011 rendered in W.P.No.2311/2008 and 20426/2007 (GM-R/C) and punish them for contempt of this Court.) The learned Single Judge heard and disposed of Writ Petition No.2311/2008 c/w Writ Petition No.20426/2007 on 12th December 2011 with the following order: "W.P. No.2311/2008 is accepted. Annexure-'A' as it relates to notification of Sri Narasimha Saraswathi Datta Maharaja Devasthana (Dattathreya) is quashed. In view of acceptance of W.P. No.2311/2008, the resolution dated 03.12.2007 cannot be sustained. Therefore W.P. Nos.20426/207 is accepted. The resolution dated 03.12.2007 as per Annexure-'A' is quashed." The above order of the learned Single Judge is confirmed in Writ Appeal No.50258/2012. This Contempt Petition is filed alleging disobedience of the aforementioned orders. 2. Sri Su...
Fahmida Begaum Vs. the Bruhat Bangalore Mahanagara Palike and Another
Court: Karnataka
Decided on: Jan-03-2013
(This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to direct the respondents not to dispossess the petitioner from the property bearing No.24/2, Division No.87, Ward No.91, Haines Road, Fraser Town, Bangalore without following the due process of law as contemplated under the Karnataka Public Premises (Eviction Of Unauthorized Occupants) Act 1974 and etc.) 1. The petitioner is before this Court seeking for issue of mandamus and direct the respondents not to dispossess the petitioner from the property bearing No.24/2, Division No.87, Ward No.91, Haines Road, Fraser Town, Bangalore, without following the due process of law. The petitioner has also sought for consideration of the application/representation dated 24.02.2007 and 20.09.2007. 2. The case of the petitioner is that the property in question was leased in her favour by the respondents under a lease deed dated 29.12.1975. In that regard, the petitioner relies on the copy of the same ...
H. Krishna Reddy Vs. the State of Karnataka by Its Secretary, Departme ...
Court: Karnataka
Decided on: Jan-03-2013
(This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to declare that the scheme by name "Byrasandra-Tavarakere-Madiwalal, 6th stage Layout" as propounded under Notification dated 8.9.1987 as per Annexure-A and the Final Notification dated 28.7.1990 of the first respondent is lapsed in view of Section 27 of the BDA Act as per Annexure- B; consequently restrain the respondent Nos. 1 and 2 from interfering with the property right of the petitioner in respect of land bearing Sy.No.80/1, measuring 3 acres, 26 guntas in view of the Notification at Annexure-A and B and quash the O.M. dated 13.06.2011 issued by the first respondent as per Annexure-L.) It is the case of the petitioner that land bearing survey no.80/1, measuring 3 acres and 26 guntas of Arakere Village, Begur Hobli, Bangalore North Taluk, was held by the father of the petitioner as a tenant, who was personally cultivating the same. He had claimed occupancy rights under the provisions of t...
Graeson Jose Vs. Aruna Institute of Nursing Sciences Tumkur and Anothe ...
Court: Karnataka
Decided on: Jan-03-2013
ORDER Heard. 2. Having admitted to the 1st respondent -college, the petitioner has sought for return of the documents submitted by him at the time of admission after completing 1st year course on the ground of ill-health. 3. Learned counsel for the petitioner has cited few judgments. Relying on the order passed in W.P. No.14819 of 2011 disposed of on 30.5.2011, he contends that as per the regulation of the U.G.C., the management/college cannot withhold the original documents produced by the students. He also contends that the entire fee has to be returned after deducting process fee of Rs.1,000/- only. 4. It appears that the petitioner has completed first year. If the petitioner has not paid the fees of the first year as prescribed, it is for the petitioner to pay the same. However, the management cannot insist for payment of the fees for the entire course. However, it is for the management/college to return the original documents produced by the petitioner at the time of admission. 5....
The Divisional Manager New India Assurance Company Ltd., Represented b ...
Court: Karnataka Dharwad
Decided on: Jan-03-2013
(Prayer: This miscellaneous first appeal is filed under Section 30(1) of the Workmen's Compensation Act against the judgment and order dated 18.11.2008 passed in WCA/NF No.111/2005 on the file of Labour Officer and Commissioner for Workmen's Compensation Tribunal, Haveri District, Haveri awarding compensation of Rs.1,37,636/- along with interest at the rate of 12% p.a. from the date of petition till deposit.) 1. Insurer is in appeal challenging the award passed by the Workmen's Compensation Commissioner in W.C.A/NF No.111/2005 dated 18.11.2008 whereunder claim petition has been allowed in part and a compensation of Rs.1,37,636/- with interest at 12% p.a. payable after one month from the date of award has been called in question. 2. Heard learned advocates appearing for the parties. Perused the certified copies of the records produced by parties before Workmen's Compensation Commissioner which was made available by the learned counsel for appellant. 3. It is the contention of Sri.G.N.Ra...
Ashok Vs. the North East Karnataka Road Transport Corporation Through ...
Court: Karnataka Gulbarga
Decided on: Jan-03-2013
S. Abdul Nazeer, J. 1. This writ petition is directed against the award in KID No.23/2011 dated 8.7.2011 passed by the Presiding Officer, Labour Court, Gulbarga. 2. The petitioner had been working with the respondent Corporation as a Driver cum Conductor. Disciplinary proceedings was initiated against of Rs.172/- After holding an enquiry, the Corporation dismissed him from service on 10.12.2010. The petitioner challenged the said order by filing a claim petition before the Labour Court in KID No.23/2011. The Labour Court has dismissed the said petition by its order at Annexure-A dated 8.7.2011. 3. I have heard the learned Counsel for the parties. 4. It is not in dispute that an industrial dispute relating to charter of demands in I.D.No. 148/2005 in which the workman is concerned is pending before the Industrial Tribunal at Bangalore. The workman was dismissed from service during the pendency of the said dispute. It is also not in dispute that the Corporation has not complied with the ...
Anil and Another Vs. the State of Karnataka by Its Police Station Seda ...
Court: Karnataka Gulbarga
Decided on: Jan-03-2013
1. Petitioners 1 and 2 are Accused Nos.6 and 4 respectively in Crime No.226/2012 of Sedam Police Station registered for the offence punishable under Section-366 read with Section-149 of IPC along with other offences. 2. The case of the prosecution is that Kum. Shwetha D/o Gopalreddy was abducted by the accused including the petitioners on 7.11.2012 and the whereabouts of all other accused except the petitioners is not known. 3. Complaint is lodged by the father of the victim. The complaint reveals the name of all the accused including the petitioners. It is alleged that all the petitioners used to tease and chide the victim Shwetha and have kidnapped her. They also used to send the messages to her through cell phone and threatened her of abduction/kidnap. 4. During the course of investigation, the petitioners are arrested and they are in judicial custody as of now. The Police have not yet traced the other accused. They have not even traced the kidnapped girl Kum. Shwetha. The petitione...
T. Krishna Vs. Govinda Reddy and Others
Court: Karnataka
Decided on: Jan-02-2013
(These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 06.03.2012 passed by the court of the Sr.Civil Judge, and JMFC Anekal in O.S.No.335/2006 on IA.No.8 clubbing O.S.No.335/2006 and OLE.No.548/2000 and O.S.No.243/2006 together lead common evidence of O.S.No.335/2006 vide Annexure-A.) 1. In these writ petitions and under articles 226 and 227 of the Constitution of India, the petitioner has called in question, the order dated 06.03.2012, passed by the Trial Court in O.S.No.335/2006 on IA.No.8. 2. By the impugned order the Trial Court has allowed IA.No.8 and ordered to club O.S.No.335/2006 with O.S.No.243/2006 and record common evidence in O.S.No.335/2006. 3. Aggrieved by that, the petitioner has filed these writ petitions. 4. The petitioner has filed suit in O.S.No.243/2006 (old No.459/1998) for declaration and permanent injunction. The respondents - 1 to 4 have filed suit in O.S.No.335/2006 (old No.548/2000) for declar...