Karnataka Court February 2014 Judgments
Naseer Ahmed Vs. the Director, Esi Corporation and Others
Court: Karnataka
Decided on: Feb-13-2014
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the complaint Annexure-K dated 02.09.2013 in C.C. No. 176/2013 filed u/S 200 of Cr.P.C. of respondent ESIC alleging commission of offence u/S 85(a) against petitioner and consequently the summons Annexure-L dated 07.09,2013 in C.C.No. 176/2013 issued by the Economic Offences Court, Bangalore.) 1. Petitioner, one of the directors of M/s Bombay Rayon Fashions Limited-Unit 16, (for short 'company'), a Company incorporated under the Companies Act, 1956 and registered in the State of Karnataka, when accused of commission of offence of failure to pay contribution under The Employees' State Insurance Act, 1948 ('the Act' for short) which he was liable to pay under Section 85(A) of the Act, in C.C.No. 176/2013 before the Special Court Economic Offences, Bangalore, instituted by the respondent, and over which cognizance was taken and summons issued, has presented this petition for a wri...
Tag this Judgment!H. Byregowda Vs. the State of Karnataka, by Its Secretary, Home Depart ...
Court: Karnataka
Decided on: Feb-13-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Direct The R1 To R3 To Consider The Representation Of The Petitioner And To Remove The Name Of The Petitioner From The Rowdy Sheet Under Annex-A To D, To The Wp.) 1. The petitioner is before this Court seeking for issue of mandamus to direct the respondents No. 1 to 3 to consider the representation of the petitioner and to remove the name of the petitioner from the rowdy sheet opened in Magadi Town police station, Magadi, Ramanagar District. 2. The case of the petitioner is that he is a Journalist and is also involved in social service. The fourth respondent was working as a Sub-Inspector and since he had animosity against the petitioner, he has unnecessarily implicated the petitioner in certain criminal cases which has led to the name of the petitioner being included in the rowdy list. 3. It is also the case of the petitioner that even in respect of certain cases which have been tak...
Tag this Judgment!K. Khateem and Another Vs. State by Hiriyur Town Police
Court: Karnataka
Decided on: Feb-13-2014
(Prayer: This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.227/2013 of Hiriyur Town P.S., Chitradurga, for the offence P/U/S 406, 465, 420, 472, 120B of IPC.) 1. This petition is filed by petitioners-accused Nos. 1 and 2 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioners cn bail in the event of their arrest for the alleged offences punishable under Sections 406, 465, 420, 472 and 120B of the IPC registered in respondent- police station Crime No.227/2013. 2. The brief facts of the prosecution case are that a private complaint was filed before the Magistrate Court at Hiriyur alleging that these petitioners falsely assured the complainant that they would secure a job to him provided the complainant gave them Rs.5 lakhs. The said promise was made during second week of February 2013. Immediately, the complainant arranged Rs.5 lakhs an...
Tag this Judgment!HussaIn Bi Vs. the Land Tribunal, by Its Chairman and Others
Court: Karnataka Gulbarga
Decided on: Feb-13-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order vide Annexure-D dated 22.10 1998 passed by R1 etc.,) 1. The order of the Land Tribunal Annexure-D dated 22.10.1998 is called in question in this writ petition. By the said order, the application filed by the petitioner for grant of occupancy rights in Form No.7 is rejected. 2. The case of the petitioner is that Mr. Rajesa was the protected tenant of the land bearing C.S. No. 1638/3/4 measuring 11 acres 16 guntas of Basavana Bagewadi in Bijapur district. The father of Respondent Nos.3 and 4 viz., Jevoorsa Makanandar is the owner of the property. The said Rajesa cultivated the property from 1950 onwards till his death. After the demise of Rajesa, petitioner's husband Aminsa continued the tenancy. Aminsa is the son of Rajesa. After the death of Aminsa, the petitioner being the wife of Aminsa is stated to be cultivating the property as a tenant. 3. This case has got a ch...
Tag this Judgment!State of Karnataka Vs. Chikkanna and Others
Court: Karnataka
Decided on: Feb-13-2014
(Prayer: This Appeal Is Filed Under Section 378(1) and (3) Cr.P.C., Praying To "Grant Leave To File An Appeal Against The Judgment And Order Of Acquittal Dated 30.12.2008, Passed In Spl.Case No. 18/2005, On The File Of The Additional District and Special Judge, Chikmagalur - Thereby Acquitting The Accused/Respondents For Offences Punishable Under Sections 143, 147, 148, 324, 504 and 506 Ipc and Sec.3-1)(X) and 2(1)(Xiv) Of Sc/St(Pa) Act, R/W 149 Ipc.) 1. The respondents (accused no.1 to 12) were tried and acquitted for offences punishable under Sections 143, 147, 148, 341, 324, 504 and 506 r/w 149 IPC and also of an offence punishable under Section 3 (1) (x) (xiv) of SC/ST (Prevention of Atrocities) Act, 1989. Therefore, the State has filed this appeal. 2. I have heard learned Government Advocate for the State and learned counsel for. accused. 3. The learned Special Judge had formulated the following points for determination 1. Whether the prosecution proves beyond all reasonable doubt...
Tag this Judgment!Maranna Vs. State Represented by the Deputy Conservator of Forest Offi ...
Court: Karnataka Dharwad
Decided on: Feb-13-2014
(Prayer: This Criminal Revision Petition Is Filed Under Section 397 And 401 Of Code Of Criminal Procedure, Praying To Set Aside The Order Dated 18/19.12.2013 Passed By The Deputy Conservator Of Forest Officer, Bellary In Foc No. 7/2014-14/2673 And Release The Vehicle Bearing No. Ka-35/A-6729 To The Petitioner By Way Of Interim Custody Of The Vehicle.) 1. This Revision is preferred against the orders passed by the Deputy Conservator of Forest, Bellary in F.O.C. No.7/2013-14/2673 in refusing to release the vehicle of the petitioner bearing its Registration No. KA- 35/A-6729. 2. On perusal of the Karnataka Forest Act, particularly Section 71(B) which reads thus : "71(B).”Issue of show-cause notice before confiscation under Section 71-A.”(1) No order confiscating any timber, sandalwood, charcoal, firewoodGulmavu (Machilus marantha) bark, Dalchini bark, Halmaddi (exudation of Ailanthus malabaricum), canes, ivory, tools, ropes, chains, boats, vehicles or cattle shall be made unde...
Tag this Judgment!Mohd. TajoddIn Vs. the Deputy Commissioner Bidar
Court: Karnataka Gulbarga
Decided on: Feb-13-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ or order or direction in the nature of mandamus, directing the respondent to receive conversion fee and issue certificate or proceedings permitting the use of land bearing Sy.No.108/1 measuring 02 acres 34 guntas of Tripurant village, Tq. Basavakalyan, District Bidar, to non-agricultural purpose now pending in the file No.CON/CR/2012-13 of the respondent/Dy. Commissioner, Bidar as prayed in Annexure-A, etc.) The grievance of the petitioner is that his application seeking conversion of the land bearing Sy.No.108/1 of Tripurant village, Basavakalyan Taluk, Bidar District for non-agricultural purpose is not considered by the respondent at an early date. According to him, he made an application seeking conversion on 23.07.2012 in respect of 2 acres 34 guntas of land. If the petitioner is the owner of the property in question and if he is entitled for conversion in accordanc...
Tag this Judgment!Shivakumar Vs. the Asst. Commissioner and Another
Court: Karnataka Gulbarga
Decided on: Feb-13-2014
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of certiorari, quashing the order dated 28.12.2013 passed by the 1st respondent vide Annexure-K and endorsements dated 27.2.2013 and 22.5.2013 issued by the 2nd respondent vide Annexures-F and H to the writ petition, etc.) 1. By the impugned order, the Assistant Commissioner, Bidar, has dismissed the appeal filed by the petitioner on the ground of delay and laches. 2. Petitioner has sought for caste certificate declaring him as belonging to Beda Jangama Caste. The said application came to be rejected by the Tahsildar on the ground that the petitioner has not produced the caste certificate of his parents. Fee ling aggrieved by the said order of the Tahsildar, the petitioner filed appeal before the Assistant Commissioner with the delay of about six months. The Assistant Commissioner refused to condone the said delay. 3. The memorandum of appeal is produced at Annexure-J. ...
Tag this Judgment!N.D. Sali Vs. Karnataka Housing Board and Others
Court: Karnataka
Decided on: Feb-12-2014
(Prayer: This Writ Appeal Is Filed Under Section 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In The Writ Petition No. 15421/2006 Dated 16 02 2009.. Etc.) 1. This writ appeal under Section 4 of the High Court Act, 1961 is directed against the order in W.P.No. 15421/2006 dated 16.2.2009 whereby the learned Single Judge has directed respondent Nos. 1 and 2 to allot a new house to the appellant on the same terms and conditions as existed as on the date of initial allotment of the house bearing No. 17/C situated at MIG I Extension. II phase, B Tank Bed, Hassan. 2. The appellant was allotted the above house by respondent Nos. 1 and 2 on 29.10.1999. A lease-cum- sale deed as per Annexure-B dated 29.03 2000 was executed in respect of the said house in his favour subject to the terms and conditions stated therein. Possession of the house was given to the appellant as per the possession memo at Annexure-C dated 13.4.2000. The total value of the house was Rs.3,72,000/-...
Tag this Judgment!The Commissioner of Income Tax and Another Vs. M/S Foresee Information ...
Court: Karnataka
Decided on: Feb-12-2014
(Prayer: This ITA is filed U/S.260-A of I.T.Act 1961, Arising out of order dated 16-03-2007 Passed in ITA.No. 3014/Bang/2004, for the Assessment year 2002-03, Praying this Honble Court to i. Formulate the Substantial Questions of law Stated Therein. ii. Allow the Appeal and set aside the orders passed by the ITAT, Bangalore in ITA.No.3014/Bang/2004 dated 16/03/2007 confirming the order of the Appellate Commissioner and confirm the order passed by the income Tax officer, ward-11(2) Bangalore.) (Prayer: This ITA is filed U/S.260-A of I.T.Act 1961, Arising out of order dated 16-03-2007 Passed in ITA. No.1363/Bang/2005, for the Assessment year 2003-04, Praying this Honble Court to i. Formulate the Substantial Questions of law stated therein. ii. Allow the Appeal and set aside the orders passed by the ITAT, Bangalore in ITA.No.1363/BANG/2005 dated 16/03/2007 confirming the order of the Appellate Commissioner and confirm the order passed by the income Tax officer, ward-11(2) Bangalore.) (Pra...
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