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Karnataka Court December 2013 Judgments

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Dec 31 2013

Rajegowda and Others Vs. State by Pandavapura Police Rep by Spp, High ...

Court: Karnataka

Decided on: Dec-31-2013

(Prayer: This Criminal Petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Crime No.398/2013 of Pandavaura P.S., Mandya, for the offences P/U/S 143, 147,1 48, 341,324, 504, 307 R/w. Sec 149 OF IPC. This Criminal Petition is filed under Section 438 Cr.P.C. to release the petitioners on bail in the event of their arrest in Cr.No.398/2013 of Pandavapura Police Station, Mandya which is registered for the offences punishable under sections 143, 147, 148, 34, 324, 504, 307 r/w 149 of IPC.) 1. As both these petitions pertain to one Crime No.398/2013 on the file of Pandavapura Police Station, they are taken up together for final disposal. 2. The petitioners are accused in these two petitions filed for the offences punishable under Sections 143, 147, 148, 341, 324, 504, 307 R/w. Sec. 149 of IPC. The petitioner in Criminal Petition No.7662/2013 has filed a petition under Section 439 of Crl.P.C. as the petitioner is in judicial custody. Petitioners in Criminal...


Dec 27 2013

Sri Venkataraitiegowda R.K. Vs. Election Officer and Others

Court: Karnataka

Decided on: Dec-27-2013

(This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 21.12,2013 issued by 2nd respondent vide Annexure-G and direct the respondents to postpone the election of Executive Committee to 3rd respondent - Sangha from Hassan District after setting right the anomalies in allotment of symbols. This petition coming on for preliminary hearing this day, the Court made the following:) 1. The petitioner is a member of the State Vokkaligara Sangha (for short 'Sangha'). A notification was issued by the State Election Officer of the Sangha, on 01.10.2013, for conducting election to the Executive Committee of the Sangha. The State Election Officer appointed the Returning Officers, on 07.11.2013, to various Centers. A notification dated 28.11.2013 was issued by the respondent No.2 i.e., the Election Officer, Hassan District, for conducting election to the Executive Committee of ;:he Sangha from Hassan District. Out of 35 seats for the Ex...


Dec 27 2013

Shri Basavaraj Walad Vs. the State of Karnataka and Others

Court: Karnataka

Decided on: Dec-27-2013

(This Writ Petition Is Filed Under Article 226 And 227 Of The Constitution Of India Praying To Quash The Impugned Order Dated 10.12.2013 In Application No.5133/2013 Clubbed With Application No.5658/13 Passed By The Karnataka Administrative Tribunal, Bangalore Vide Annexure-D In So Far As It Per"!"Ains To The Petitioner Herein Above And Etc. This W.P. Coming On For Orders This Day, A.N.Venugopala Gowda., J., Made The Following:) 1. This writ petition is directed against an order dated 10.12.2013 passed by the Karnataka Administrative Tribunal, Bangalore, in allowing Application No.5133/2013 filed by Sri. D.A. Badami, the 3rd respondent herein and consequently, dismissing Application No.5658/2013 filed by Sri. Basavaraj Walad, petitioner herein, in the matter of their respective transfer/s and postings. For convenience, the parties would be referred to with reference to their rank in A.No.5133/2013. 2. The applicant and the 3rd respondent are in the cadre of Range Forest Officers. The ap...


Dec 27 2013

Chikke Gowda and Others Vs. the Deputy Commissioner and Others

Court: Karnataka

Decided on: Dec-27-2013

(Prayer: These Writ Petitions Are Filed Under Article 226 and 227 of the Constitution of India, Praying To Quash The Entire Proceeding Which Is Pending Before The Deputy Commissioner Ramanagaram The Respondent No.1 And Consequently Set Aside The Order Dated 3.12.2013 Passed By The R-L Vide Ann-S.) 1. On 29.3.1962, an order was passed by the Special Deputy Commissioner, in favour of the father of respondent Nos.3 and 4 registering him as permanent tenant under Inam Abolition Act, 1954. Petitioner No.l and father of petitioner No.2 and father of petitioner No.3 to 6 having approached the Land Tribunal, Kanakapura for grant of occupancy rights in respect of certain extent of land in Sy.Nos.67, 68 and 69 measuring 4 acres 4 guntas, 4 acres 25 guntas and 4 acres 25 guntas respectively, situated at Hanumanahalli village, Kasaba Hobli, Kanakapura Taluk, occupancy rights were granted on 21.10.1975. Respondent Nos.3 and 4 approached the 1st respondent seeking occupancy rights by filing Form-7A ...


Dec 27 2013

M/s Vasudeva Adiga's Fast Food Pvt Ltd. Vs. the Union Of India

Court: Karnataka

Decided on: Dec-27-2013

(This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Notice Dated 12.12.2013 Vide Annexure-C Under Section 13 Of Consumer Protection Act, 1986 In Complaint No.2672/2013 Ok The File Of I Addl. District Consumer Redressal Forum, Bangalore And Declare That The Respondent Does Not Come Under The Jurisdiction Of Consumer Protection Act, 1986 As The Respodnent Is Not A Consumer Within The Meaning Of Section 2(1)(D) Of Consumer Protection Act, 1986. This Writ Petition Coming On For Preliminary Hearing This Day, The Court Made The Following:) 1. This writ petition has been filed to quash a notice issued under S.13 of the Consumer Protection Act, 1986 (for short 'the Act') in complaint No.2672/2013 by the I Additional District Consumer Disputes Redressal Forum, Bangalcre-560 020 and to declare that the petitioner does not come under the jurisdiction of the Act and for grant of consequential reliefs. 2. Brief facts of the case are the followin...


Dec 26 2013

Basavalingaiah and Others Vs. the Assistant Registrar of Co-operative ...

Court: Karnataka

Decided on: Dec-26-2013

(Prayer: These W.Ps. are filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 13.11.2013 vide Annexure-J passed by R-1 and order dated 14.11.2013 vide Annexure-K passed by R-1 and the order dated 20.12.2013 vide Annex-N passed by R-2.) 1. Second respondent is a Co-operative Society registered under the provisions of Karnataka Co- operative Societies Act, 1959. It's Managing Committee having been superseded and the administrator having taken charge, kept Ramachadraiah s/o Chikkanna, the Secretary of the Society under suspension and placed on 07.12.2012, one Mukundaraj, in charge of the post of Secretary. A dispute having been filed by Ramachandraiah and an interim order having been passed, when questioned in Karnataka Appellate Tribunal by the Society, the order passed in the dispute was set aside on 28.08.2013. 2. The petitioners were elected as members of Managing Committee of 2nd respondent-Society on 01.09.2013. A circular having been issued...


Dec 26 2013

Fayaza Ahmed Vs. the Muslim Co-operative Bank Ltd.

Court: Karnataka

Decided on: Dec-26-2013

(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for the relevant records and quash the impugned notice dated 21.12.2013 issued by the respondent vide Annexure-A.) 1. Petitioner availed loan of Rs. 8,00,000/- from the respondent. Since there is default in the matter of payment of the loan instalments, the respondent having issued a notice dated 07.10.2013, the petitioner submitted a reply dated 15.10.2013. A further notice having been served by the respondent on 07.11.2013 and petitioner having remitted Rs. 10,000/- on 21.11.2013, this writ petition was filed on 23.12.2013, questioning the 7 days' notice dated 21.12.2013 issued by the respondent, notifying the petitioner that his name will be published in the newspaper after 23.12.2013 and possession of the secured property wouid be taken and dealt with in accordance with law. As per the impugned notice, the petitioner is overdue Rs. 97,239/-, out of the full due balance of Rs. 8,...


Dec 26 2013

Bhagavan Kantharaj Vs. the State of Karnataka Represented by State Pub ...

Court: Karnataka

Decided on: Dec-26-2013

(Prayer: This Criminal Petition Is Filed U/S.438 Cr.P.C By The Advocate For The Petitioner Praying That This Hon'ble Court May Be Pleased To Enlarge The Petitioner On Bail In The Event Of His Arrest In Fir No.76/13/Foc No.24/13-14 Of Rfo, N.R. Pura, Chikmagalur Dist., For The Offences P/U/S 8 And 22 Of Karnataka Tree Preservation Act 1976 R/W Secs. 104-A And 13 Of Karnataka Forest Act, 1963.) 1. Heard the learned Counsel for the petitioner and the learned HCGP. Perused the records. 2. The allegations made against the petitioner are that, when the Forest Officials on 14.11.2013 searched the property belonged to the petitioner, they found that the petitioner was in possession of 25 billets of Nandi trees in Sy.No. 123/1 situated at Badagtabylu Village, N.R. Pura Taluk. On the same day they also found 26 billets of Nandi trees and the Forest Officials have seized the same on the same day. It is further alleged that the land bearing Sy.No.124 of Badagebylu Village and Sy.No.33 of Belluru V...


Dec 26 2013

B. Umesh and Another Vs. Vinayaka Seva Samithi and Another

Court: Karnataka

Decided on: Dec-26-2013

(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 of the Constitution of India Praying To Quash The Impugned Order Dated 9/12/2013 Passed By Respondent-Society, As It Relates To The Petitioners (Who Are At Sl.No.2 And 3 In The Said Impugned Order) Vide Annexure-A.) 1. The petitioners claim that they are the founder members of the 1st respondent, a Society registered under the Karnataka Societies Registration Act, 1960, established with an object of running devotional and cultural center, to gather and hold lectures etc., In the annual general body meeting of the 1st respondent held OP 10.11.2013, a resolution having been passed to cancel the life membership of the petitioners and a publication with regard to cancellation of the petitioners' life membership of the 1st respondent having appeared in a newspaper, vide Annexure-D, these writ petitions have been filed, to quash a communication dated 09.12.2013, as at Annexure-A and for grant of consequential releifs. 2. Sri....


Dec 20 2013

Bnp Paribas Vs. United Breweries (Holdings) Limited (Dr. Vijay Mallya) ...

Court: Karnataka

Decided on: Dec-20-2013

This OSA is filed under Section 483 of the Companies Act, 1956 r/w Section 4 of the Karnataka High Court Act 1961, praying to set aside the order dated 24-05-2013 passed by the learned single Judge in Company Application No.437, 441, 440, 439 and 458 and 2013 in Company 18 Petition No.122, 121, 248, 185 and 57 of 2012 and set aside all actions taken by the respondent No.1 pursuant to the order dated 24-05-2013 passed by the learned Single Judge in Company Application Nos.437, 441, 440, 439 and 438 of 2013 in Company Petition Nos.122, 121, 248, 185 and 57 of 2012, and etc., These OSAs coming on for further hearing this day, N. KUMAR J., delivered the following: JUDGMENT All these appeals are preferred against the common order passed by the learned Company Judge in Company Application Nos.437, 441, 440, 439 and 438/2012 in Company Petition Nos.122, 121, 248, 185 and 57/2012 decided on 24th May 2013, where on an application filed under Section 536(2) read with Section 537(1) of the Compan...


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