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Karnataka Court March 2014 Judgments

Mar 14 2014

M. Ananda Vs. the State of Karnataka and Others

Court: Karnataka

Decided on: Mar-14-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Decision Of The 2nd Respondent To Conduct Meeting On 15.3.2014, As Per His Office Communication To The 3rd Respondent Dated 4.3.2014 And Issuance Of Notice In Form No.Ii Dated 4.3.2014 As Per Annexures-D and E Respectively, Etc.) 1. This writ petition has been filed to quash a notice issued in Form-II under Rule 3(2) of the Karnataka Panchayat Raj (Motion of No-Confidence against Adhyaksha and Upadhyaksha) Rules, 1994 (for short 'the Rules') vide Annexure-E given by 2nd respondent “ the Assistant Commissioner, Doddaballapura Sub-Division, Bangalore. 2. Material facts of the case are that the petitioner and the respondent Nos.4 to 23 are the elected members of Konaghatta Village, Kasba Hobli, Doddaballapura Taluk, Bangalore Rural District, a local body constituted under S.5 of the Karnataka Panchayat Raj Act, 1993 (for snort 'the Act'). Respondent No. 18 is the Adhyak...

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Mar 14 2014

Keeramma Vs. Division Manager Life Insurance Corporation of India and ...

Court: Karnataka

Decided on: Mar-14-2014

(Prayer: Writ Petition is filed under Art.226/227 of the Constitution praying to quash the order dated 14.9.2012 - annexure D, on IA 8 by the Civil Judge (Jr.Dvn.), Challakere in Ex.Petn. 24/2005.) In connection with the order passed on the application filed by the judgment debtor for setting aside the auction sale, order has been passed by the Execution Court rejecting the same. The facts are: Suit was filed by the respondent LIC for recovery of money of Rs.42,634/'- with future interest in the year 2005 which was decreed. In the Execution Petition 24/2005 filed by the decree holder, an application - IA 8 under O 21 R 89 r/w S.151, CPC came to be filed by the judgment debtor to set aside the sale in favour of the third party auction purchaser, as the judgment debtor was ready to deposit the decretal amount. The same was opposed by the respondent LIC/decree. The petitioner / judgment debtor had also deposited the amount of Rs. 1,17,603/- by way of a demand draft on 15.4.2010. However, ...

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Mar 14 2014

G. Ranganath Vs. Manjula

Court: Karnataka

Decided on: Mar-14-2014

(Prayer: This Crl.P Is Filed Under Section 397 R/W 401 Cr.P.C Praying To Set Aside The Order Dt. 10.8.12 Passed By The Mmtc-V, Bangalore In Crl.Misc.72/12 (Annexure-B) And Set Aside The Order Dt.24.6.2013 Passed By The L Addl. C.C. And S.J. Holding C/C. Ftc- Xv, Bangalore In Crl.A.N0.591/12 (Annexure-C).) 1. Respondent in Crl.Misc.72/2012 on the file of V MMTC; Bangalore, has come up in this proceeding under Section 482 of Cr.P.C., seeking setting aside of order dated 10.8.2012 passed on an application, which is filed under Section 20(l)(d) of the Protection of Women from Domestic Violence Act, 2005 ('the Act' for short) for maintenance of the respondent herein and children of petitioner ana respondent herein, which is confirmed by order dated 24.6.2013 in Crl.A.No.591/2012 on the file of FTC XV, Bangalore. 2. The undisputed facts are that petitioner herein is husband and respondent is his wife. The fact that they are living separately from 21.1.2008 is not in dispute, which is borne o...

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Mar 14 2014

Keeramma Vs. Division Manager Life Insurance Corporation of India and ...

Court: Karnataka

Decided on: Mar-14-2014

(Prayer: Writ Petition is filed under Art.226/227 of the Constitution praying to quash the order dated 14.9.2012 - annexure D, on IA 8 by the Civil Judge (Jr.Dvn.), Challakere in Ex.Petn. 24/2005.) In connection with the order passed on the application filed by the judgment debtor for setting aside the auction sale, order has been passed by the Execution Court rejecting the same. The facts are: Suit was filed by the respondent LIC for recovery of money of Rs.42,634/'- with future interest in the year 2005 which was decreed. In the Execution Petition 24/2005 filed by the decree holder, an application - IA 8 under O 21 R 89 r/w S.151, CPC came to be filed by the judgment debtor to set aside the sale in favour of the third party auction purchaser, as the judgment debtor was ready to deposit the decretal amount. The same was opposed by the respondent LIC/decree. The petitioner / judgment debtor had also deposited the amount of Rs. 1,17,603/- by way of a demand draft on 15.4.2010. However, ...

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Mar 13 2014

S. Deepika Bhat and Others Vs. Union of India, Represented by Departme ...

Court: Karnataka

Decided on: Mar-13-2014

(Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash the endorsement dated 7/9.1.2010 issued by the respondent no.3 University vide Annexure-A.) (Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash Annexure-E dated 1.6.2011 issued by the first respondent and also Annexure-F issued by the 4th respondent dated 13.06.2011 for the reasons stated at para 4 to this writ petition.) (Prayer: Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to quash Annexure-F, i.e., endorsement dated 5.9.2011 issued by the first respondent i.e., Karnataka State Law University and etc;) (Prayer: This Writ Petition filed under Article 226 and 227 of the Constitution of India praying to quash the Admission Notification dated 1.6.2011 marked as Annexure-B, in so far as explanation to Rule-2(c) is concerned, award costs, pass such other writ or direction.) (Prayer: This Writ Pet...

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Mar 13 2014

Sathyanarayana and Others the State By: Rural Police Station and Anoth ...

Court: Karnataka

Decided on: Mar-13-2014

(Prayer: This Crl.P Is Filed Under Section 482 Criminal Procedure Code Praying To Set Aside The Order Dated: 18.04.2013 Passed In Crl.Misc.No. 192/2013 On The File Of The Prl.Sessions Judge, Shimoga.) 1. Petitioners, complainants in S.C. No. 162/2013 pending on the file of Sessions Court, Shimoga, have come up in this proceeding seeking quashing of the order dated 18 04.2013 passed in Crl.Misc. No. 192/2013, wherein the Sessions Court, Shimoga, passed an order in transferring the proceedings in Crime No.41/2012, now registered as C.C. No.105/2013, to the Court of District and Sessions Judge, Shimoga. 2. Admittedly, petitioners herein filed a complaint in Crime No.41/2012 alleging that 2nd respondent herein and others have committed offences punishable under Sections 323, 324, 355, 504 and 506 read with Section 34 of IPC and also under Section 3(l)(x)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'). The said complaint is r...

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Mar 12 2014

Shivalingegowda and Another Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Mar-12-2014

(Prayer: Crl.P No.5598/2010 Is Filed Under Section 482 Criminal Procedure Code Praying To Quash The Proceedings In C.C.No.33002/2010 On The File Of The Vacmm., Bangalore.) (Prayer: CrlL.P 3581/2010 Is Filed Under Section 482 Criminal Procedure Code Praying To Quash The Proceedings In C.C.No.5654/2010 Pending On The File Of The Iv Acmm., Bangalore, Quash The Charge SheetDt.03.02.2010 Filedby The Basaveshwaranagar Police In Cr. No.279/2009 Against The Petitioner In C.C.No.5654/2010 For The Offence U/Sections 406 and 420 Of Ipc On The File Of The Iv Acmm, Bangalore.) 1. CrL.P. No,5593/2010 is by the accused in Crime No.26/2010 registered by Basaveshwaranagar Police Station, Bangalore, lor the offences punishable under Sections 448, 323 and 506 of IPC., seeking quashing of proceedings in C.C. No.33002/2010 pending on the file of V Addl. Chief Metropolitan Magistrate, Bangalore. 2. CrL.P. No.3581/2010 is by the accused in Crime No.279/2009 registered by Basaveshwaranagar Police Station, Ban...

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Mar 11 2014

H. Vasu and Others Vs. State of Karnataka

Court: Karnataka

Decided on: Mar-11-2014

(Prayer: This Crl.P Is Filed U/S. 482 Cr.P.C Praying To (A) Quash The Charge Sheet Dated:6.11.13 In Respect Of Crime No. 175/11 (C.C.N0.842/13) Vide Annexure-J. (B) To Quash The Cr. Proceedings Bearing C.C.No.842/2013 On The File Of The Hon'ble Jmfc-Tti Mysore, Vide Annexure-K.) 1. Accused 1 to 7 and 9 to 12 in Crime No. 175/2011 registered with Krishna Raja Police, Mysore and subsequently converted in to CC.No.842/2013 on the file of Judicial Magistrate First Class (III), M3rsore, have come up in this petition seeking quashing of aforesaid crime number as well as CC.842/2013 which is registered for offences punishable under Sections 420.. 465, 468, 474 r/w 34 of IPC. 2. It is not in dispute that the matter is referred to investigation and subsequently, charge sheet is filed for an offence punishable under Section 420 r/w 34 of IPC, which is challenged by accused 1 to 7 and 9 to 12. So far as accused No.8 is concerned, it is stated that he died subsequently. This petition is filed on t...

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Mar 11 2014

H. Vasu and Others Vs. State of Karnataka

Court: Karnataka

Decided on: Mar-11-2014

(Prayer: This Crl.P Is Filed U/S. 482 Cr.P.C Praying To (A) Quash The Charge Sheet Dated:6.11.13 In Respect Of Crime No. 175/11 (C.C.N0.842/13) Vide Annexure-J. (B) To Quash The Cr. Proceedings Bearing C.C.No.842/2013 On The File Of The Hon'ble Jmfc-Tti Mysore, Vide Annexure-K.) 1. Accused 1 to 7 and 9 to 12 in Crime No. 175/2011 registered with Krishna Raja Police, Mysore and subsequently converted in to CC.No.842/2013 on the file of Judicial Magistrate First Class (III), M3rsore, have come up in this petition seeking quashing of aforesaid crime number as well as CC.842/2013 which is registered for offences punishable under Sections 420.. 465, 468, 474 r/w 34 of IPC. 2. It is not in dispute that the matter is referred to investigation and subsequently, charge sheet is filed for an offence punishable under Section 420 r/w 34 of IPC, which is challenged by accused 1 to 7 and 9 to 12. So far as accused No.8 is concerned, it is stated that he died subsequently. This petition is filed on t...

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Mar 10 2014

Raju and Others Vs. Baburao and Others

Court: Karnataka Dharwad

Decided on: Mar-10-2014

(Prayer: This Appeal Is Filed Under Section 100 Of Cpc Against The Judgment Dated 28.08.2009 Passed In R.A.No.61/2007 On The File Of The Presiding Officer, Fast Track Court-I, Chikodi, Dismissing The Appeal, Filed Against The Judgment Dated 29.09.2007 And The Decree Passed In O.S.No. 185/2005 On The File Of The Prl. Civil Judge (Jr.Dn.) and Jmfc, Chikodi, Dismissing The Suit Filed For Perpectual Injunction.) 1. Plaintiffs are before this Court as they are aggrieved by the dismissal of their suit filed for the relief of permanent injunction in O.S.No. 185/2005, which was pending on the file of the Court of Principal Civil Judge (Jr.Dn.), and JMFC, Chikodi and the affirmation of the same in regular appeal filed under Section 96 of CPC in R.A.No.61/2007, which was pending on the file of the FTC-I, Chikodi. Dated 28.08.2009. Respondents herein were the defendants in the said suit. Parties will be referred to as plaintiffs and defendants as per the their ranking given in the trial Court. 2....

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