Karnataka Court March 2014 Judgments
K.S. Sunil Gupta Vs. Bhavani Shetty and Another
Court: Karnataka
Decided on: Mar-05-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order Dtd. 16.1.12 Passed By The V Addl. City Civil Judge At Bangalore, In Os No.9363/2004 Passed On Ia No.8 Vide Annex-C, According To Law.) 1. The plaintiff has filed this Writ Petition challenging the order passed by the trial Court dismissing the application for impleadment of the proposed defendant on the ground that the gift deed in her favour is hit by the doctrine of lis pendens under Section 52 of the Transfer of Property Act. 2. Plaintiff has filed the suit for specific performance of the agreement of sale dated 31.3.1995 against the defendant. The suit was filed on 17.12.2004. The plaintiff was not aware of the fact that the defendant had gifted the property in favour of the impleading applicant under a registered gift deed dated 30.7.2002. On coming to know of the same an application was filed to implead. The trial Court has rejected the same on the ground that ...
Tag this Judgment!Union of India Vs. V.T. Velu and Others
Court: Karnataka
Decided on: Mar-05-2014
(Prayer: Writ Petition is filed under Art.226/227 of the Constitution praying to quash the order dated 13.9.2007 in Ex.Case 1623/1999 - annexure M by the XII Addl. City Civil and Sessions Judge, Bangalore, etc.) The Union of India by its Secretary to Defence Ministry is before the Court seeking to quash the order passed by the court below on 13.9.2007 - annexure M in Ex.Case 1623/1999 and to dismiss the same. Heard the counsel representing the parties. The question is with regard to awarding interest by the Reference Court / the Appellate Court on solatium in respect of the land acquired. In the case on hand, the Reference Court finally passed an award during 1982 June. Thereafter, matter was taken in appeal for enhancement. The trial court finalised the matter during August 1991. It appears, thereafter the State has taken up the matter in appeal to the Apex Court where while modifying the compensation awarded which was fixed at Rs,5/- per sq. ft, it has fixed the value at Rs. 1.50 lak...
Tag this Judgment!Annasaheb Apparma Kamble Vs. the State of Karnataka and Another
Court: Karnataka
Decided on: Mar-05-2014
(Prayer: This Criminal Petition Is Filed Under Section 482 Of Code Of Criminal Procedure, Praying To Quash The Entire Proceeding In C.C.No. 873/2011 (Pcr 89/2009) (Chikodi P.S. In Crime No. 305/2009) Pending On The File Of Prl. Civil Judge (Jr. Dvn.), Chikodi For The Offences Punishable Under Sections 420, 464, 465, 468, 469, 470 And 471 R/W Sec. 34 Of I.P.C. Vide Annexure 'G.) 1. This petition is filed seeking quashing of the proceedings in C.C. No. 873/2011 on the file of the Principal Civil Judge at Chikodi for the offences punishable under Sections 420, 464, 465, 368, 469, 470 and 471 r/w Sec. 34 of I.P.C. 2. Before adverting to the technicality involved in this particular case, the facts are iittle bit interesing. It is seen from the records that the respondent No.2 herein (hereinafter called as 'complainant') lodged a private complaint in P.C.R. No.66/2002 against the petitioner herein (hereinafter called as 'accused') for several offences as noted above. The said private complai...
Tag this Judgment!Annasaheb Apparma Kamble Vs. the State of Karnataka and Another
Court: Karnataka
Decided on: Mar-05-2014
(Prayer: This Criminal Petition Is Filed Under Section 482 Of Code Of Criminal Procedure, Praying To Quash The Entire Proceeding In C.C.No. 873/2011 (Pcr 89/2009) (Chikodi P.S. In Crime No. 305/2009) Pending On The File Of Prl. Civil Judge (Jr. Dvn.), Chikodi For The Offences Punishable Under Sections 420, 464, 465, 468, 469, 470 And 471 R/W Sec. 34 Of I.P.C. Vide Annexure 'G.) 1. This petition is filed seeking quashing of the proceedings in C.C. No. 873/2011 on the file of the Principal Civil Judge at Chikodi for the offences punishable under Sections 420, 464, 465, 368, 469, 470 and 471 r/w Sec. 34 of I.P.C. 2. Before adverting to the technicality involved in this particular case, the facts are iittle bit interesing. It is seen from the records that the respondent No.2 herein (hereinafter called as 'complainant') lodged a private complaint in P.C.R. No.66/2002 against the petitioner herein (hereinafter called as 'accused') for several offences as noted above. The said private complai...
Tag this Judgment!C.K. Jaffar Sharief and Others Vs. State of Karnataka Reptd. by Its Se ...
Court: Karnataka
Decided on: Mar-05-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Direct The Second Respondent To Dispose Of The Case No.Rrt(2) Cr 32/2001-02 On The File Of The Special Deputy Commissioner, Bangalore District Within A Period Of 2 Months Etc.) 1. The petitioners have sought a direction to the second respondent - Special Deputy Commissioner, Bangalore District, Bangalore to dispose of the proceedings in Case No. RRT (2) CR 32/2001-02 pending before the authority within a specified time frame. 2. Briefly stated, the facts are that the land bearing survey Nos.75/3 and 75/4 of Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, are stated to have been purchased by the wife and son of the first petitioner. Thereafter their names are stated to have been mutated in the revenue records, pursuant to M.R.No. 10/1982-83. However, the then Special Deputy Commissioner initiated proceedings under Section 136(3) of the Karnataka Land Revenue Act, 196...
Tag this Judgment!CariappA. L.a and Another Vs. Abdul Rasheed and Others
Court: Karnataka
Decided on: Mar-04-2014
(Prayer: This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 22/12/2009 passed in MVC No. 6895/2007 on the file of the XIII Additional Small Causes Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-15), partly allowing the claim petition for compensation and seeking enhancement of compensation.) (Prayer: This MFA is filed U/S 173(1) of MV Act against fhe Judgment and Award dated: 22/12/2009 passed in MVC No. 6895/2007 on the file of the XIII Additional Small Causes Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-15), awarding a compensation of Rs.2,42,800/- with interest at 6% p.a. frcii the date of petition till deposit in Tribunal.) 1. Though these appeals are posted for Admission, they are taken up for final disposal with the consent of the learned counsel for the parties. 2. These two appeals respectively by the injured claimant and the insurer - M/s. National Insurance Company Limite...
Tag this Judgment!The Bank of New York Mellon Vs. Cranes Software International Limited
Court: Karnataka
Decided on: Mar-04-2014
(Prayer: This Company Petition filed under Seciion 433(e) and (f) read with Section 434(i) (a) and Section 439(1 )(b) of the Companies Act, 1956 praying to wind up the respondent - Cranes Software international Limited having its registered office at No.29, 7th Cross, 14th Main, Vasanthinagar, Bangalore - 560 052, Karnataka, India under the directions of this Honourable Court under the provisions of the Companies Act, 1956 and etc;) 1. The petitioner is said to be a branch at London, of the Bank of New York, a company incorporated in the State of New York under the laws of that State in the United States of America. The petitioner is said to be engaged, inter-alia, in the business of providing trusteeship, agency and other securities related services. The respondent is said to be a company incorporated under the Companies Act, 1956 (Hereinafter referred to as the 'Act", for brevity). 2. The present petition is filed seeking the winding-up of the respondent owing to its alleged inabilit...
Tag this Judgment!CariappA. L.a and Another Vs. Abdul Rasheed and Others
Court: Karnataka
Decided on: Mar-04-2014
(Prayer: This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 22/12/2009 passed in MVC No. 6895/2007 on the file of the XIII Additional Small Causes Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-15), partly allowing the claim petition for compensation and seeking enhancement of compensation.) (Prayer: This MFA is filed U/S 173(1) of MV Act against fhe Judgment and Award dated: 22/12/2009 passed in MVC No. 6895/2007 on the file of the XIII Additional Small Causes Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-15), awarding a compensation of Rs.2,42,800/- with interest at 6% p.a. frcii the date of petition till deposit in Tribunal.) 1. Though these appeals are posted for Admission, they are taken up for final disposal with the consent of the learned counsel for the parties. 2. These two appeals respectively by the injured claimant and the insurer - M/s. National Insurance Company Limite...
Tag this Judgment!Santhosha and Another Vs. State by Circle Inspector of Police and Anot ...
Court: Karnataka
Decided on: Mar-04-2014
(Prayer: This Criminal Petition Is Filed Under Section 438 Cr.P.C By Praying To Enlarge The Petitioners On Bail In The Event Of Their Arrest In Crime No.9/2014 Of Rajanukunte P.S., Bangalore Rural Dist., Bangalore For The Offences P/U/S 366(A), 376 R/W 34 Of Ipc And Sec.3 And 4 Of Protection Op Children From Sexual Offences Act, 2012.) (Prayer: This Criminal Petition Is Filed Under Section 439 Cr.P.C By Praying To Enlarge The Petitioner On Bail In Cr.No.9/2014 Of Rajanukunte P.S., Bangalore For The Offence P/U/S 366(A), 376 R/W 34 Of Ipc And Sec.3 And 4 Of Protection Of Children From Sexual Offences Act, 2012.) 1. Since, these two petitions are in respect of the same crime number, they have been taken together to dispose of them by a common order. 2. Petitioner in Crl.P.No.907/2014 is accused No.1 filed the petition under Section 439 of Cr.P.C., seeking his release on bail and petitioners in Crl.P.No.906/2014 are accused Nos.2 and 3 filed the petition under Section 438 Cr.P.C., seeking...
Tag this Judgment!G. Vasanthachar Vs. State of Karnataka
Court: Karnataka Dharwad
Decided on: Mar-04-2014
(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C. Seeking To Examine The Records In Order To Satisfy The Correctness, Legality And Propriety Of Finding And Order Passed In Rejecting The Application Filed U/S. 239 Of Cr.P.C. By The Petitioner And Allow The Applications Filed U/S. 239 Of Cr.P.C. By The Petitioner In C.C.No.266/2002 And C.C.No.267/2002 On The File Of The Civil Judge and Jmfc Court, Byadgi And Discharging The Petitioner For The Alleged Offences Punishable U/S. 406, 409, 465, 468, 471, 477a Of Ipc And In Turn Rejecting The Order Passed By The Trial Court And Revision Court.) 1. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent - State. Perused the records. 2. This petition is filed for quashing of the orders passed by Civil Judge and J.M.F.C. Court, Byadgi in C.C. Nos.266/2002 and 267/2002 dated 25.08.2010 against this petitioner for che offences punishable under Sections 409, 465, 466, 471 and 477 of the Indian...
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