Karnataka Court November 2014 Judgments
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Nithyananda Swamy Vs. The Deputy Commissioner, Ramanagara District, Ra ...
Court: Karnataka
Decided on: Nov-18-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to, declare that the respondents have no jurisdiction or authority under The Karnataka Land Revenue Act, 1964 to demolish a Structure/Construction built over Land which has been included in the master plan published under Section 14 of Karnataka Town and Country Planning Act, 1961.) 1. Petitioner has sought the following reliefs: "'(i) Declare that the respondents have no jurisdiction or authority under the Karnataka Land Revenue Act, 1964 to demolish a structure / construction built over land which has been included in the Master Plan published under Section 14 of the Karnataka Town and Country Planning Act,1961; (ii) Issue a writ of certiorari and quash the order dated 14.10.2014 bearing No.LNDKR/42/2012-13 issued by the third respondent (vide Annexure - 'H'); (iii) Issue a Writ of Mandamus directing the respondents not to demolish the existing structures /constructions put up by the...
The State Of Karnataka, Through Asst Police Commissioner Vs. Fairoz Ah ...
Court: Karnataka Dharwad
Decided on: Nov-18-2014
(Prayer: This Criminal Appeal Is Filed U/S 378(1) and (3) Of Cr.P.C. Seeking To Grant The Leave To Appeal And Set Aside The Order Of Acquittal Of Offence U/S 366-A, 366, 376 and 344 Of Ipc Passed By The I-Addl. Dist. and Sessions Judge, Dharwad, Sitting At Hubli, In S.C.No.64/2006, Dated 31.12.2010 And Consequently Convict The Accused For Offence Charged.) 1. The judgment and order of acquittal passed by the I Addl. District and Sessions Court, Dharwad, sitting at Hubli, in S.C.No.64/2006, is called in question in this appeal by the State. The respondents were tried and acquitted for the offences punishable under Sections 366, 366-A, 376 and 344 of Indian Penal Code r/w Section 34 of the IPC. 2. Kum. Sheetal, aged about 16 to 17 years was kidnapped from the lawful guardianship of her parents by the respondents/accused herein at about 10.45 a.m. on 20.09.2005 at Hubli on the motor cycle belonging to the 1st respondent/accused No.1. The First Information Report came to be lodged by Smt.P...
K. Kumar Vs. M. Narendra Prasad
Court: Karnataka
Decided on: Nov-18-2014
(Prayer: This Crl.R.P. is filed under S.378(4) r/w AO 1 C.r.P.C., praying to set aside the Judgment /order passed by the XV ACMM., Bangalore in C.C.No.19267/2012 dated 10.01.2014 and consequently condone the delay and remand the matter back to the Magistrate Court, for necessary adjudication on merits of the case.) 1. This revision petition was riled against an Order dated 10.01,2014, passed by the XV Additional Chief Metropolitan Magistrate, Bengaluru, in C.C. No.19267/2012, DV which, an application filed by the petitioner, under 5.142(b) of the Negotiable Instruments Act, 1881 (for short, 'the Act'), was dismissed and consequently, the complaint having not been filed within the prescribed period was rejected, i.e., on the ground of bar of limitation. 2. The petitioner was the complainant and the respondent was the accused in the Court below. The petitioner filed a private complaint against the respondent, for the offence punishable under S.138 of the Act. Gist of the complaint is, th...
Sri K Kumar Vs. M Narendra Prasad
Court: Karnataka
Decided on: Nov-18-2014
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE18H DAY OF NOVEMBER, 2014 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA CRIMINAL REVISION PETITION NO.108/2014 BETWEEN: Sri K. Kumar, S/o. late Kannan, Aged about 41 years, No.535, Muneshwara Nilaya, 1st Cross, Shivashankara Block, Hebbal, Bangalore 560 024. PETITIONER (By Sri K. Srinivasa, Adv.) AND: M. Narendra Prasad, S/o. Munivenkatappa, Aged about 41 years, House No.2169, East End, D Main Road, 39th Cross, 9th Block, Jayanagar, Bangalore 560 069. RESPONDENT (By Sri K. Chandranath Ariga, Adv.) 2 This Crl.R.P. is filed under S.378(4) r/w 401 Cr.P.C., praying to set aside the Judgment /order passed by the XV ACMM., dated 10.01.2014 and consequently condone the delay and remand the matter back to the Magistrate Court, for necessary adjudication on merits of the case. C.C.No.19267/2012 Bangalore in This Crl.R.P. coming on for admission this day, the Court made the following: ORDER This revision petition was filed...
State Of Karnataka By Hassan Rural Police Vs. Thammegowda @ Thammaiah ...
Court: Karnataka
Decided on: Nov-17-2014
(Prayer: This Criminal Appeal Is Filed Under Section 378 (1) and (3) Cr.P.C., Praying To Grant Leave To File An Appeal Against The Judgment Dated 20.09.2010 Passed In S.C.No.77/2007, On The File Of The Presiding Officer, and Addl.Sessions Judge, Fast Track Court At Hassan, Acquitting Respondents/Accused 1 and 2 Of Offences Punishable Under Sections 302 and 201 R/W 34 Ipc.) 1. The respondents (hereinafter referred as 'accused Nos.1 and 2') were tried and acquitted of the offences punishable under Sections 302, 201 r/w Section 34 IPC by judgment and order dated 20.09.2010 in S.C.No.77/2007 passed by the Additional Sessions Judge and Fast Track Court, Hassan. Therefore, the State has preferred this appeal. 2. The prosecution case briefly stated is as under:- Accused No.2-B.T.Harish is son of accused No.1- Thammegowda. Deceased-Santhosh was working in MCF Factory at Hassan. He was also doing money lending business. Accused No.2 had taken loan amount of Rs.30,000/- from deceased. Towards re...
S.G. Latha Vs. M.V. Srinivas
Court: Karnataka
Decided on: Nov-17-2014
(Prayer: This Misc. First Appeal Is Filed Under Section 19(1) Of The Family Court Act, R/W Sec.28(1) Of The Hindu Marriage Act, Against The Judgment And Decree Dated:18.03.2011 Passed In M.C.No.40/2003 On The File Of The Ii Additional Principal Judge, Family Court, Bangalore, Allowing The Petition Filed U/S 13(1) (Ia) Of Hindu Marriage Act, For Decree For Divorce.) 1. This appeal is filed assailing the judgment and decree dated 18th March 2011 passed in M.C.No.40/2003 on the file of the II Additional Principal Judge, Family Court at Bangalore, whereby the marriage of the appellant and the respondent is dissolved by a decree of divorce. 2. As the facts unfurl, the husband filed a petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') against his wife seeking decree of divorce. It was alleged that, the parties were married as per the customs on 5.11.2000 and a female child is born on 15.6.2001. After the birth of the child, the wife be...
Nanda Vs. Shri Ram @ Parashuram Khatwate
Court: Karnataka Dharwad
Decided on: Nov-17-2014
(Prayer: This Appeal Is Filed Under Section 28 Of Hindu Marriage Act, 1955, Against The Order And Decree Dated 14.09.2009 Passed In M.C. No. 41/2007 On The File Of The Prl. Civil Judge (Sr. Dn.), Bagalkot, Rejecting The Petition Filed U/Sec 13 Of The Hindu Marriage Act and Etc.) 1. The judgment and order of rejection of the application filed under Section 13 of Hindu Marriage Act for dissolution of the marriage is questioned by the wife/applicant before the Court below, in this appeal. 2. The appellant herein is the wife of the respondent. Their marriage was performed on 10.03.2002 as per the customs and usage prevailing in their community. After the marriage, they lived together for about two years, during which time a child is born by name Sumit. The said child is with the appellant herein. 3. The original petitioner/appellant herein is working as Computer Operator in the office of the General Manager, Rehabilitation and Resettlement, Upper Krishna Project, Bagalkot, on contract basi...
Suresh Shamji Dharmashi Since deceased by his L.Rs. and Another Vs. Th ...
Court: Karnataka Dharwad
Decided on: Nov-17-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order vide Annexure-D dated 05.04.2007 passed by the District Legal Authority, Bagalkot (Lok Adalat, Bagalkot) in L.A.C. No.536/1996.) 1. Heard learned counsel for the petitioner and learned Additional Government Advocate. 2. The brief facts are as follows : 3. It is stated that respondent No.1, the Special Land Acquisition Officer for Bagalkot Town Development Authority had acquired land bearing Survey No.248/8C (part of Survey No.248/8) within the extent of 3 acres at Simikeri village, Bagalkot taluk, belonging to petitioner No.1 under the same notification. It is stated that land belonging to one Shankarappa Chanappa Antaragond to an extent of 5 acres and 6 guntas forming part of land bearing Survey No.248/8C and 248/8B was acquired for the purpose of providing water supply to Nav Nagar. It is stated that an award was passed dated 01.12.1995. It transpires that ...
K.V.N. Govindaraj Vs. Central Bureau Of Investigation Anti Corruption ...
Court: Karnataka
Decided on: Nov-17-2014
(Prayer: Crl.P Filed U/S.439 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 Spl.C.C.No.38/2014 On The File Of The Xxxiii Addl. C.C. And S.J. And Spl. Judge For Cbi Cases At Bangalore City (Cch-34), Which Is Regd., For The Offence P/U.S 120b, 409, 420 Of Ipc and Sec. 13 (1)(C) and (D) Of Pc Act, 1988. The Xxxiii Addl. C.C. And S.J. And Spl. Judge For Cbi Cases At Bangalore City (Cch-33) Has Dismissed The Bail Petition On 29.03.2014 In Spl.C.C.No.38/2014.) 1. Petitioner is accused No.4 in the criminal case bearing R.C.No.17(A)/2012 registered by respondent- Central Bureau of Investigation (for short "CBI"). Offences alleged against the petitioner and others are punishable under Sections 120B, 420, 379, 411 and 447 of IPC and Section13(1)(d) and 13(2) of Prevention of Corruption Act and also Section 24 of Karnataka Forest Act. 2. Learned 32nd Additional City Civil and Sessions Judge and Special Judge has reject...
Archibald Quadros Vs. Dr. Laxman Shetty, M.D.S
Court: Karnataka
Decided on: Nov-17-2014
(Prayer: This Crl.P. Is Filed Us.482 Cr.P.C. Praying To Issue Direction/Order To Retain The File Bearing C.C.No.162/2014 Pending On The File Of The Addl. Civil Judge And Jmfc, Kundapura, For The Offence Punishable Under Section 138 Of The N.I. Act.) 1. The petitioner filed a private complaint, under Section 200 of Code of Criminal Procedure, 1973 r/w. Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short the Act'), against the respondent, on 26.7.2013, in the Court of Additional Civil Judge and J.M.F.C at Kundapura. On 07.9.2013, the sworn statement was recorded. Exs.C1 to C-5 were marked on 21.09.2013. Criminal case against the accused for the offence punishable under Section 138 of the Act was registered on 17.1.2014 and process was issued to the accused. Upon appearance, on 12.6.2014, the accused was enlarged on bail. 2. This petition was filed on 10.11.2014, invoking Section 482 of Cr.P.C., to direct J.M.F.C., at Kundapura, to retain C.C.No.162/2014 on his file, o...
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