Karnataka Court February 2014 Judgments
Sathish Puthran Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-26-2014
(Prayer: This Appeal Is Filed Under Section 374(2) Cr.P.C., Praying To Set Aside The Judgment And Order Of Conviction Dated 26/27.05.2009, Passed By The Ii Additional District Sessions and Special Judge, D.K., Mamgalore In Spl.Case N0.26/2007 - Convicting The Appellant/Accused For An Offence Punishable Under Section 420 Ipc and Etc.) 1. The appellant (accused) was tried for offences punishable under Sections 420 and 506 IPC and also for an offence punishable under Section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act, 1989. 2. The learned Special Judge acquitted the accused of an offence punishable under Section 506 IPC and also for an offence punishable under Section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act, i989. The learned Special Judge convicted the accused of an offence punishable under Section 420 IPC and sentenced him to undergo simple imprisonment for a period of six months and pay fine of Rs.5,000/- in default to undergo simple imprisonment for a period of one mo...
Tag this Judgment!N.R. Sreenivasappa Vs. the Commissioner, Bangalore Development Authori ...
Court: Karnataka
Decided on: Feb-26-2014
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the representations of the petitioners dated 21.10.2011 which is enclosed along with the writ petition as Annexure- R.) 1. Petitioner has asked for mandamus to consider his representation dated 21.10.2011 vide Annexure-R and grant consequential reliefs. 2. In a nutshell, the material facts of the case could be stated as under:- The Bangalore Development Authority allotted site No.2EC-941, HRBR 1st Block Extension, Bangalore, on 02.12.1997 to Mr. Munaf, son of Bashamiya. Absolute sale deed was executed on 08.10.1999. Khata of the site was registered in favour of the said allottee, who sold it on 20.07.2000 in favour of Mrs. Lourdumary M.A., wife of Sri. Francis Choudary, in whose name the khata was transferred and sanction plan for construction was approved on 16.08.2000. Petitioner having purchased the said property on 11.08.2005, approached the respond...
Tag this Judgment!The Deputy Conservator of Forests and Another Vs. B.P. Maruthi
Court: Karnataka
Decided on: Feb-25-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 of Constitution of India Praying To Quash The Order Dated 22.09.2010 Passed By The Learned Presiding Officer, Labour Court, Mysore In Ref.No. 135/02 As Per Ann-A To The Writ Petition Etc.) 1. State of Karnataka, along with the Deputy Conservator of Forests, have jointly presented this petition, aggrieved by the Award dated 22.9.2010 in Reference No. 135/2002 Annexure-A of the Labour Court, Mysore; directing reinstatement of the respondent to the post held by him during October 1999, however without regularization, but with 40% back wages from 19.6.2002, reserving liberty to the petitioner to comply with the mandatory provisions of section 25-F of the Industrial Disputes Act, 1947 [for short Act'], in addition to denial of consequential benefits and continuity of service. 2. Having heard learned counsel for the parties, perused the pleadings and examined the Award impugned, there is no more dispute that the respondent - wor...
Tag this Judgment!K.J. Ramu Vs. Doddaiah
Court: Karnataka
Decided on: Feb-25-2014
(Prayer: This Criminal Revision Petition Is Filed Under Section 397 Cr.P.C. Praying To Set Aside The Order Dated 7.12.10 Passed By The P.O., Ftc-Xii, Bangalore In Crl.A. No.179/10 And Order Dated 11.2.10 Passed By The Xxi Addl. C.M.M., And Xxv Ascj, Bangalore) 1. This Criminal Revision Petition under Section 397 of Cr.P.C., is filed to set aside the judgment dated 11.02.2010 in C.C.No.23725/2006 on the file of the XX1 Additional Chief Metropolitan Magistrate, Bangalore city and to set aside the judgment dated 07.12.2010 in Criminal Appeal No.179/2010 on the file of the Additional Sessions Judge and Presiding Officer, Fast Track Court-XII, Bangalore City. 2. The revision petitioner was the accused before the Magistrate and the respondent was the complainant. The case of the complainant before the Magistrate was that the accused and the complainant were friends. The accused had approached the complainant and requested the complainant for hand loan of Rs.4,00,000/- on 08.07.2005 for the p...
Tag this Judgment!The Commissioner Vs. Shahataz M. Shariff and Another
Court: Karnataka
Decided on: Feb-25-2014
(Prayer: This RFA is filed under Section 96 CPC, against the judgment and decree dated 20.07.2009 passed in OS.No.509/2003 on the file of the XXVII Additional City Civil Judge, Bangalore, decreeing the suit for permanent dismissing the suit for the declaration and permanent injunction and etc.) 1. This appeal is directed against the judgment and decree, dated 20.07.2009 passed by the Court of the XXVII Additional City Civil Judge, Bangalore in O.S.No.509/2003. 2. The facts of the case in brief are that the appellant, on noticing the deviations in the buildings put up by the first respondent on the property in question, issued the notice and the provisional order, dated 08.01.2003 (Ex.P15) under Section 321(1) of the Karnataka Municipal Corporations Act, 1976 ('the K.M.C. Act' for short). It required the first respondent to demolish the construction raised in violation of the sanctioned plan, building bye-laws, etc. This was followed by the confirmatory order, dated 16.01.2003 (Ex.P16) ...
Tag this Judgment!G.A. Ferris Vs. Svetlana Alexandrovna Dobrochasova Ferris and Another
Court: Karnataka
Decided on: Feb-25-2014
(Prayer: This Crl.P Filed U/S.482 Cr.P.C Praying To Quash The Order Dated 28.03.2013 Passed By The P.O., F.T.C.- Iii, Bangalore (R) District, Bangalore In Crl.A.No. 1/2013 And 2/2013 And The Order Dated 26.11.2012 Passed By The Addl. C.J.M., Bangalore District, Bangalore In Crl. Misc. No. 149/2012 And Allow Ia Filed U/S 2(Q)And(S) R/W Sec. 17 And 19 Of The Protection Of Women From Domestic Violence Act, 2005 And Reject Ia Filed U/S. 23(2) R/W Sec.I9(L)(A) Of The Protection Of Women From Domestic Violence Act, 2005 Therein And Allow This Petition And Quash The Entire Proceedings In Crl. Misc. No. 149/2012 Of Addl. C.J.M., Bangalore District, Bangalore.) 1. Respondent No.2 in Crl. Misc. No. 149/2012 on the file of Addl. Chief Judicial Magistrate, Bangalore District, has come up in this criminal petition impugning the concurrent finding of both the Courts below in holding that the house owned by petitioner herein is a shared house as defined under Section 2(s) of the Protection of Women f...
Tag this Judgment!Budde Sab Alias HussaIn Sab Vs. the Deputy Commissioner Yadgir and Oth ...
Court: Karnataka Gulbarga
Decided on: Feb-25-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Issue A Writ Of Mandamus, Giving Directions To The Respondents To Consider The Representation As Per Annexure-D Dated 30.05.2013 For Grant Of Regularization Of Unauthorized Cultivation Of Land Sy.No. 15 To The Extent Of 4 Acres Out Of 41 Acres 33 Guntas Of Village Rajankollur, Taluka Surpur, Under The Facts And Circumstances Of The Case.) 1. Petitioner has sought for a direction to the respondents to consider the representation filed by him as per Annexure-D dated 30.05.2013 praying for regularization of unauthorized cultivation of the land bearing Sy.NoJ.5 to an extent of 4 acres out of total extent of 41 acres 33 guntas of Rajankollur village, Surpur Taluk, Yadgii District. 2. It seems that the petitioner filed application for grant of land/regularization of his occupation over the land bearing Sy.No. 108/1 to an extent of 4 acres situated at Rajankollur village, Surpur Taluk as pe...
Tag this Judgment!Ambawwa and Others Vs. Sharanappa and Others
Court: Karnataka Gulbarga
Decided on: Feb-25-2014
(Prayer: This Rfa Is Filed Under Section 96 Of CPC Against The Judgment And Decree Dated 02.04.2007 Passed In Os No.84/2005 On The File The Ii Addl. Civil Dudge (Sr.Dn) Gulbarga Dismissing The Suit For Partition And Separate Possession.) 1. The appellants have challenged tne judgment and decree dismissing their suit for partition and separate possession of their l/3rd share in the suit property, the agricultural land described in para 2 of the plaint. 2. The facts relevant for the purpose of this appeai are as under: Parties will be referred as per their rank be-Fore the Trial Court for the sake of convenience. The appellants herein are the LRs of first plaintiff and the second plaintiff. Defendants 1 and 3 are the cousin brothers of deceased plaintiffs 1 and 2. Devappa is the propositus who had three sons, the first one is Hunchappa and defendant No.3 is the person who represents the branch of Hunchappa. The second is Bhimarma and the first defendant represents his branch.. The plaint...
Tag this Judgment!Vijayamma @ Vijayalakshmi and Others Vs. Reliance General Insurance Co ...
Court: Karnataka
Decided on: Feb-24-2014
(Prayer: This M.F.A. is filed under Section 173(1) of MV ACT against the Judgment and Award dated: 2.4.2012 passed in MVC No. 118/2011 on the file of the Senior Civil Judge, Member, Addl. MACT. v Hiriyur, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal is filed by the claimants of M.V.C.No. 118/2011, aggrieved by the inadequacy of compensation awarded by the learned Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Hiriyur, (hereinafter referred to as 'the Tribunal) vide judgment and award dated 2nd April 2012. 2. The appellants are the wife, children and mother of deceased Gangarma @ Gangadhar, who died in a vehicular accident that occurred on 16.7.2011. On his death, they filed a petition under Section 166 of the Motor Vehicles Act before the Tribunal, seeking compensation of Rs.30 lakhs. 3. Their case was 'on 16.7.2011 at 3.00 p.m., deceased along with others was travelling in an auto rickshaw beari...
Tag this Judgment!S.V. Narasimhaiah Vs. the Karnataka Co-operative Milk Producers Federa ...
Court: Karnataka
Decided on: Feb-24-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 of the Constitution of India, Praying To Quash The Impugned Order Of Dismissal Passed By The R.2 Dated 28.10.2013 Vide Annexure-A As Not Sustainable And ETC.) 1. The petitioner having been issued with memorandum of charges dated 03.01.2013, submitted his explanation on 16.01.2013. Enquiry Officer appointed has submitted report dated 11.07.2013 along with the findings. Copy of said report was furnished to the petitioner along with a notice dated 22.07.2013. The petitioner haiving submitted a representation dated 01.08.2013, seeking dropping of the proceedings, the 2nd respondent having considered the record of the enquiry and having found that the charges leveled against the petitioner as proved, by accepting the findings of the Enquiry Officer and holding the petitioner guilty of the charges of misconduct has imposed major punishment of dismissal from the service of the 1st respondent-Federation, by an order dated 28.10.20...
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