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Karnataka Court November 2014 Judgments

Nov 28 2014

N.A. Suryanarayana @ Suri Vs. State By Inspector of Police

Court: Karnataka

Decided on: Nov-28-2014

(Prayer: Crl.A Filed U/S.374(2) Cr.P.C By The Advocate For The Appellant Against The Judgement Dt. 31.7.03 Passed By The Xxi Addl. C.C Judge And S.J and Spl. Judge For Cbi Cases, B'lore-In Spl.C.C.N0.57/98-C0nvicting The Appellant-Accused For The Offences P/U/S.7 And U/S. 13(2) R/W Sec. 13(1)(D Of- The Prevenction Of Corruption Act, 1988 And Sentencing Him To Undergo R.I. For Two Years And To Pay A Fine Of Rs.5,C00 (Rupees Five Thousand) And I.D., Of Payment Of Fine, To Undergo Further Period Of Three Months Imprisonment For The Offence P-U/S. 7 Of Prevention Of Corruption Act, 1988 And Further Sentencing Him To Undergo R.I. For Three Years And To Pay A Fine Of Rs.5,000/- (Rupees Five Thousand) And I.D., Of Payment Of Fine, To Undergo Further Imprisonment For Three Months For The Offence P/U/S. 13(2) R/W Sec. 13(1) (D) Of The Prevention Of Corruption Act 1988. The Substantive Sentences On Both The Counts Shall Run Concurrently.) 1. Appellant was the lone accused in Spl. C.C.57/98 on th...

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Nov 28 2014

Puttasiddamma and Others Vs. Siddaraju and Others

Court: Karnataka

Decided on: Nov-28-2014

(Prayer: This Rsa Is Filed U/S. 100 Of CPC Against The Judgement and Decree Dated:27.2.2006 Passed In R.A.No.30/1998 On The File Of The Ii Addl.Civil Judge (Sr.Dn.), Mysore, Dismissing The Appeal And Confirming The Judgement And Decree Dated:3.12.1997 Passed In Os.No. 201/1995 On The File Of The Ii Munsiff and Jmfc, Mysore.) 1. The present appeal is filed under Section 100 of C.P.C. challenging the judgment passed in O.S. No.201/1995 which was pending on the file of the then court of II Munsiff and JMFC, Mysore, which is affirmed in Regular Appeal No.30/98 on the file of II Addl. Civil Judge (Sr. Dn.) Mysore. Respondents No.1 and 2 are the plaintiffs in the said suit filed for the relief of partition and separate possession of two immovable properties. Item No.1 is an agricultural land and item No.2 is the residential house in Mysore city. 4th defendant - Lingaiah died during the pendency of the suit and his legal representatives were brought on record in the trial court itself. They a...

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Nov 28 2014

Smt Puttasiddamma Vs. Siddaraju

Court: Karnataka

Decided on: Nov-28-2014

1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE28H DAY OF NOVEMBER, 2014 BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA RSA NO.1819/2006 BETWEEN:1. SMT PUTTASIDDAMMA W/O LATE DODDALINGAIAH AGED ABOUT76YRS2 GANGADHARASWAMY S/O LATE DODDALINGAIAH AGED ABOUT54YRS3 SHANKARANANDA MURTHY S/O LATE DODDALINGAIAH AGED ABOUT47YRS ALL ARE RESIDING AT No.1566/1, CH NO12 4 CROSS ASHOKAPURAM MYSORE-570008. ... APPELLANTS (By Sri: G B MANJUNATHA, ADV.) AND:1. SIDDARAJU S/O LATE SIDDAIAH @ KAJJI AGED ABOUT54YRS R/O13CROSS2LINK ROAD, ASHOKAPURAM MYSORE-570008.2. S PAPANNA S/O LATE SIDDAIAH @ KAJJI AGED ABOUT46YRS R/O D NO1887 13 CROSS, LINK ROAD ASHOKAPURAM, MYSORE-570008.3. LINGAIAH @ GALATI S/O LATE CHIKKAIAH SINCE DEAD BY LRs 3(a) SMT. SANNATHAYAMMA W/O LATE LINGAIAH @ GALATI AGED ABOUT58YEARS3b) REVANNA AGED ABOUT40YRS3c) PUTTASWAMY AGED ABOUT37YRS3d) MOHANKUMAR AGED ABOUT35YRS3e) RAJALAKSHMI AGED ABOUT33YRS3f) MANGALAGOWRI AGED ABOUT30YRS3g) CHANDRAPRABHA AGED ABOUT27YRS33(h) BRI...

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Nov 28 2014

Sri:n a Suryanarayana @ Suri S/O N C Annayyappa Vs. State by Inspector ...

Court: Karnataka

Decided on: Nov-28-2014

1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE28H DAY OF NOVEMBER, 2014 B E F O R E THE HONBLE MR.JUSTICE A.V.CHANDRASHEKARA CRL.A. No.1339/2003 BETWEEN: SRI: N A SURYANARAYANA @ SURI S/O N C ANNAYYAPPA PROGRAMME EXECUTIVE DOORDARSHAN KENDRA BANGALORE R/O NO41992ND FLOOR, HOTEL JANATHA BUILDING I MAIN SUBRAMANYANAGAR BANGALORE21... APPELLANT (By Sri S P KULKARNI & SRI J I KITTUR, ADVS.) AND: STATE BY INSPECTOR OF POLICE CBI/SPE/BANGALORE BELLARY ROAD, GANGANAGAR BANGALORE32(By Sri C H JADHAV, SR. COUNSEL) CRL.A FILED U/S.374(2) CR.P.C BY THE ADVOCATE FOR THE APPELLANT AGAINST THE JUDGEMENT DT. 31.7.03 PASSED BY THE XXI ADDL. C.C JUDGE AND S.J & SPL. JUDGE FOR CBI CASES, BLORE-IN THE SPL.C.C.NO.57/98-CONVICTING ... RESPONDENT2APPELLANT-ACCUSED FOR THE OFFENCES P/U/S.7 AND U/S. 13(2) R/W SEC. 13(1)(d) OF THE PREVENCTION OF CORRUPTION ACT, 1988 AND SENTENCING HIM TO UNDERGO R.I. FOR TWO YEARS AND TO PAY A FINE OF RS.5,000 (RUPEES FIVE THOUSAND) AND I.D., OF PAYMENT OF FINE...

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Nov 27 2014

P. Somasudaram Vs. Devaki Srinivasan and Others

Court: Karnataka

Decided on: Nov-27-2014

(Prayer: RFA Filed U/S 96 Of The Cpc Against The Judgement And Decree Dt. 5.8.08 Passed In Os No.766/97 On The File Of The Xxii Addl. City Civil Judge, Bangalore, Partly Decreeing The Suit For Partition And Separate Possession And Mesne Profits.) 1. Lone defendant of an original suit bearing O.S.766/1997 which was pending on the file of XXII Addl. City Civil Judge, Bangalore is before this Court. Present appeal is filed under Section 96 of CPC challenging the judgment and decree passed in O.S.766/1997 against him on 5.8.2008 in O.S.766 /1997. 2. Parties will be referred to as per their ranking before the Trial Court. 3. Suit filed for relief of partition and separate possession of property as described in the schedule 'A' and 'B' appended to the plaint has been decreed as prayed for granting 1/8th share each to the plaintiff Nos. 1 to 7 and the defendant. The Trial Court has directed to hold enquiry in respect of mesne profits as provided under Cider XX Rule 12 of CPC. 4. Facts leading...

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Nov 27 2014

Mahadevamma Vs. M/s. Deena Seva Asharma Kengeri and Others

Court: Karnataka

Decided on: Nov-27-2014

(Prayer: This Wp Filed Praying To Quash The Order Dtd.1.8.2014 In Proceedings On The File Of The Court Of The Deputy Commissioner, Bangalore District, (Bangalore Urban District), Bangalore, R-4 Vide Annex-F.) 1. Petitioner has assailed order dated 01.08.2014 passed in proceeding No.RRT(S) CR: 188/20} 1-12 on the file of Respondent No.4 - Deputy Commissioner, Bangalore Urban District, Bangalore (Annexure-F to the writ petition). 2. The relevant facts of the case are that petitioner's mother Smt. Botamma @ Sanna Yellamma and Sri Sanna Yeliappa were re-granted certain lands under the provisions of Karnataka Village Offices Abolition Act, 1961 (hereinafter referred to as 'the Act' for the sake of brevity) along with Sanna Yeliaopa. The lands were regranted to them as said lands were Thoti Inam Service Lands. The regrant was made in respect of lands bearing Sy. No. 1,6,29,33 and 53 of Volagerehalli Village and Sy. No. 8 of Sonnenahalli Village. In this writ petition the controversy is with ...

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Nov 27 2014

Rashmi Sharma and Another Vs. Nil

Court: Karnataka

Decided on: Nov-27-2014

(Prayer: This Misc. First Appeal Is Filed Under Section 19(1) Of The Family Court Act, Against The Judgment and Decree Dated:13.10.2014 Passed In M.C.No.1626/2014 On The File Of The 5 Additional Principal Judge, Family Court, Bangalore, Dismissing The Petition U/'Sec 13b Of The Hindu Marriage Act.) 1. The appellants have preferred this appeal aggrieved by the order of rejection of their petition filed under Section 13B of the Hindu Marriage Act, 1955, passed in M.C.No. 1626/2014 dated 13.10.2014 by the V Addl. Prl. Judge, Family Court, Bangalore. 2. As per the facts displayed, the appellants being Hindus are married as per Arya Samaj rites and customs at Bangalore on 27.11.2005. Due to differences that arose between them, they led separate lives for last eight years, though they are living under the same roof. They decided to seek mutual divorce of their marriage and filed a petition under Section 13B of the Hindu Marriage Act (hereinafter referred to as 'the Act' for short) on 11.4.20...

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Nov 27 2014

mrs.rashmi Sharma Vs. Nil

Court: Karnataka

Decided on: Nov-27-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE27H DAY OF NOVEMBER2014PRESENT THE HONBLE MR. JUSTICE N.K. PATIL AND THE HONBLE MRS. JUSTICE RATHNAKALA MISC. FIRST APPEAL NO.6837 OF2014(FC) BETWEEN:1. 2. MRS.RASHMI SHARMA, D/O. SRI VIJAYA KUMAR SHARMA, AGED ABOUT43YEARS. MR.KAUSTUBH AVINASH SARWATE, S/O. MAJOR GEN. AVINASH SARWATE, AVSM (RETD.), AGED ABOUT37YEARS. BOTH ARE RESIDING AT AKME BALLET FLAT NO.A-503, SY.NO.28, 34/3, 36/2, DODDANEKUNDI VILLAGE, BANGALORE. (BY SRI SURESH S.LOKRE, ADV.) AND: NIL APPELLANTS RESPONDENT2THIS MISC. FIRST APPEAL IS FILED UNDER SECTION191) OF THE FAMILY COURT ACT, AGAINST THE JUDGMENT & DECREE DATED:13.10.2014 PASSED IN M.C.NO.1626/2014 ON THE FILE OF THE5H ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, DISMISSING THE PETITION U/SEC13 OF THE HINDU MARRIAGE ACT. THIS MFA HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON2411/2014 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, RATHNAKALA J., DELIVERED THE FOLLOWING:- JUDGMENT The ...

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Nov 27 2014

The Divisional Manager, National Insurance Vs. Sri. Basappa S/O Siddal ...

Court: Karnataka Dharwad

Decided on: Nov-27-2014

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE27H DAY OF NOVEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY Miscellaneous First Appeal No.22157/2011 (WC) Between : The Divisional Manager, National Insurance Company Limited, Ramdev Galli, Belgaum, Represented by National Insurance Company Limited, Divisional Office, Sujata Complex, Near Old Bus Stand, Hubli, By Its Administratative Officer. (By Sri S.K. Kayakamath, Advocate) Appellant And :1. 2. Basappa S/o. Siddalingappa Ambali, Age. 45 years, Occ. Driver, Now Nil, R/o. Katakol vg, Taluk Ramdurg, District Belgaum. Basvaraj M. Tuppad, Age. Major, Occ. Business, R/o. Hanumasagar, Chunchanur Vg, Taluk Ramdurg, District Belgaum. (By Sri Vithal S. Teli, Advocate for respondent No.1; Respondent No.2 - served) Respondents 2 This Miscellaneous First Appeal is filed under Section 30(1) of Workmens Compensation Act, 1923, against the judgment and order dated 12.01.2011 passed in W.C.A./S.R.155/2009 on the file of...

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Nov 26 2014

M/s. Kanoria Industries Limited Vs. Hubli Electricity Supply Company L ...

Court: Karnataka

Decided on: Nov-26-2014

(Prayer: This Writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the bill raised by the respondent HESCOM on 01.01.2006 (Annexure-G for a sum of Rs.27,41,153/- in so far its seeks to levy and collect a sum of Rs. 60,000/- as "Cheque Dishonour" by holding that the petitioner is not liable to pay any such sum towards "Cheque Dishonour Fee" and that the respondent HESCOM is not entitled to levy and collect the same.) 1. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. The petitioner was said to be an industry who was in arrears of payment of electricity charges in a total sum of Rs.55,28,195/-. It transpires that the petitioner had issued a cheque, in partial discharge of the outstanding amount in a sum of Rs.30,00,000/-, dated 12.12.2005, drawn on Syndicate Bank, Bagalkot. It however transpires that the cheque was dishonoured and returned unpaid. Since the last date for payment of the dues was fixed,...

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