Karnataka Court April 2014 Judgments
Doddanayaka and Others Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-09-2014
(Prayer: This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, praying to set aside the order dated 5/7.2.2011 passed by the IV Addl. District and Sessions Judge, Mysore, in SC No.39/2010 convicting the appellants/accused for the offences punishable under Sections 498A and 302 r/w Section 34 of IPC.) 1. Every female child born under the sun is a boor: to the Society. It is the Woman who suffers in silence, for the sake of love and affection and welfare of her family, but she is being killed like cattle. Real culprit escapes punishment for want of legal and direct evidence and in the absence of direct evidence; dying declaration of a victim plays a prominent role in adjudication of a criminal case and punishing the real culprit. It is seen at the time of admission of a victim of burn injuries etc., the history is recorded by a medical officer in the Hosoiial; thereafter by Police and Taluka Executive Magistrate. If there is variance in the statements and ...
Tag this Judgment!S.B. Ramesh Vs. A.G. Suresh and Others
Court: Karnataka
Decided on: Apr-07-2014
(Prayer: This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 25/02/2009 passed in MVC No.84/2006 on the file of the II Additional Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal, Shimoga, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimant is directed against the impugned judgment and award dated 25th February 2009, passed in MVC No.84/2006, by the II Additional Civil Judge (Sr.Dn) and Additional Motor Accident Claims Tribunal, Shimoga, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.9,20,000/-, awarded in his favour as against his claim for Rs.38,50,000/-, is inadequate. 2. The appellant claims to be aged about 32 years and working as Cable Operator and also agriculturist by profession, earning a sum of `20,000/- per month. He was hale and healthy prior to the date of accident. That at about 6:30 A.M., on 09-08-2005, whe...
Tag this Judgment!Dr. Ramcharan Thiagarajan Vs. Medical Council of India and Others
Court: Karnataka
Decided on: Apr-03-2014
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash/set aside the order dated 27.10.2012 passed by Respondent no.1, in striking of the name of the petitioner from the Indian Medical Register Annexure-A as well as from the Register of State Medical Council for a period of one year and etc.) 1. The facts of the case are as follows: 2. The petitioner is a Medical Practitioner and is a Consultant in Surgical Gastroenterology and Laparoscopic Surgery. He is also said to be a Multi-organ Transplant Surgeon and was working as a consultant with M/s Fortis Hospital, Bangalore. The petitioner is said to be conferred with innumerable honours both in India and abroad, over the years in recognition of his expertise and advanced knowledge in the field of organ transplantation. During the year 2010, Smt. Seema Rai, the wife of the third respondent was said to have been diagnosed with severe diabetes and end-stage renal failure, was undergoing ...
Tag this Judgment!Registrar General and Others Vs. Department of Law Justice and Human R ...
Court: Karnataka
Decided on: Apr-03-2014
(Prayer: These Writ Appeals Are Filed U/S 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In The Writ Petition 41634-691/12 Dated 27/9/13.) (These Writ Appeals Are Filed U/S 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In Writ Petition Nos. 41684-691/12 Dated 27/9/13.) Cav Judgment: 1. These appeals arise out of the common order of the learned Single Judge dated 27/09/2013, in Writ Petition Nos. 41634-691/2012 connected with Writ Petition No. 28147/2013. Writ Appeal Nos. 6249-56/2013 have been filed by the respondents before the learned Single Judge while Writ Appeal Nos. 6514 and 6516-22/2013 have been filed by the Registrar General, High Court of Karnataka, Bangalore, CRG' for short). 2. The controversy in these proceedings relates to the inter se seniority between promotees and direct recruits in the cadre of District Judges in the wake of the establishment of Fast Track Courts (FTCs) in the State For the sake of convenience, the pa...
Tag this Judgment!Bapuii Education Society and Others Vs. the State of Karnataka and Oth ...
Court: Karnataka
Decided on: Apr-03-2014
(Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order at Annexure-A dated 16.10.2012 passed by the first respondent, in so far as the petitioner is concerned and to declare that the petitioner has absolute right to admit students of their choice with inter se merits in respect of their Institution for the Polytechnic Course.) (Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order at Annexure-C dated 16.10.2012 in so far as the petitioner is concerned and to declare that the petitioner has absolute right to admit students of their choice with inter se merits in respect of their Institution for the Diploma Course.) (Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order at Annexure-C dated 16.10.2012 in so far as the petitioner is concerned and to declare that the petitioner ha...
Tag this Judgment!The Commandant and Another Vs. M.P. Sunil Kumar and Others
Court: Karnataka
Decided on: Apr-02-2014
(Prayer: These Writ Petitions are filed under Article 226 and 227 of the Constitution of India praying to set aside the impugned order dated 13.10.2011 in application Nos.14119-14124/02 on the file of the Karnataka Administrative Tribunal, Bangalore as per Annexure-A.) 1. The State has preferred these petitions challenging the legality and the correctness of the order passed by the Karnataka Administrative Tribunal, Bangalore dated 13th October, 2011. 2. The admitted facts are as hereunder:- On 8-12-2000 the respondents name was sponsored by the District Employment Exchange for the post of Reserve Police constable. On 16-2-2014 interview and physical test was conducted on 16-2-2001. Since the respondents cleared the test, provisionally they were selected, subject to undergoing medical tests and verification of records. When the respondents were sent for medical examination they were found to be ur.fit for the post of police constable in 3rd Battalion of the Karnataka State Reserve Poli...
Tag this Judgment!M/S. Manipal University Vs. the State of Karnataka
Court: Karnataka
Decided on: Apr-02-2014
(Prayer: These STRPs are filed u/Sec. 65(1) of K.R.Act, against the judgment and order dated 21.06.2013 passed in STA.1192 to 1248/2010 on the file of Karnataka Appellate Tribunal at Bengaluru, dismissing the appeals u/Sec.63(l) of KVAT Act.) Dilip B. Bhosale, J. 1. These sales tax revision petitions under Section 65(1) of the Karnataka Value Added Tax Act, 2003 (for short 'the Act'), are directed against the judgment dated 21st June 2013 rendered by the Karnataka Appellate Tribunal, Bangalore (for short *the Tribunal") in STA Nos.1192 to 1243/2010, pertaining to the period commencing from April 2005 to December 2009. By the judgment dated 21st June 2013, the Tribunal dismissed all appeals filed by the petitioner-M/s.Manipal University (for short the University'). "1.1. The appeals before the Tribunal were directed against the order dated 12-05-2010 passed by the Joint Commissioner of Commercial Taxes (appeals), Mangalore (for short 1the Appellate Authority') disposing of the Appeal No...
Tag this Judgment!Somanna Vs. the Commissioner and Others
Court: Karnataka
Decided on: Apr-01-2014
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed by the 2nd respondent dated 03.02.2014 vide Annexure-D.) 1. The petitioner and the respondent No.3 are working as Work Inspectors in Cotton Pet Sub-Division of Bruhat Bangalore Mahanagara Palike. By an Office Order dated 03,02.2014 vide Annexure-D, the petitioner having been posted to Ward No. 121 and the respondent No.3, who was working in Ward No.121, having been posted to Ward No,109, this writ petition was filed assailing the order as at Annexure-D. 2. Sri S.N. Bhat, learned advocate, contended that the impugned order of transfer is arbitrary, since, there is frequent shifting of the petitioner from one Ward to another, on account of interference of politicians and at the behest of the respondent No.3 and hence, interference is called for. 3. Sri M.R. Shailendra, learned advocate, for respondents 1 and 2, on the other hand, contended that the impugned order was...
Tag this Judgment!K.S. Thara and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Apr-01-2014
(Prayer: These Writ Petitions filed under Article 226 of the Constitution of India praying to direct that the State Government has no power to interfere in the affairs of 2nd respondent University in the matter of fixing of guidelines for admission and curriculum in so far as it relate to admission made by the respondent college admitting the petitioners to its college and etc;) 1. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 2. It is the case of the petitioners that they are graduates and admitted to the B Ed. course in the third and fourth respondent College, Both the colleges are affiliated to the Mysore University. The first petitioner had passed B.Sc. with Mathematics, Electronics and Computer Science as electives while the second petitioner had passed B.A. with Psychology, English and Journalism as electives. The National Council for Teacher Education (NCTE), is the supreme body in the matter of prescribing conditions for Teacher Trai...
Tag this Judgment!J. Mahendra Vs. the General Manager (Electrical) and Another
Court: Karnataka
Decided on: Apr-01-2014
(Prayer: This Appeal Is Filed Under Section 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In The Writ Petition No. 4409/2007 Dated 21.03.2007 And Etc.,) 1. The legality and correctness of the order passed by the learned Single Judge in Writ Petition No.4409/2007 dt.21.3.2007 is called in question in this appeal. 2. On an earlier occasion, a Coordinate Bench of this court dismissed the Appeal on 28th September 2010 stating that the appellant being the son of the second wife of deceased Government employee, he is not entitled for an appointment on compassionate grounds. The Judgment of Coordinate Bench was taken up by the appellant before the Hon. Supreme Court in Civil Appeal No.9160/2013. The Hon. Apex Court by its order dt. 17th October 2013 set aside the decision of the Coordinate Bench of this court and remitted the matter to this court for fresh consideration in the light of the Judgment delivered by the Hon. Supreme Court in VIDHYADHARI AND OTHERS VS. SUK...
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