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Karnataka Court June 2014 Judgments

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Jun 04 2014

P.M. Shankar and Another Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Jun-04-2014

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned letter dated 26.6.2013 issued by the R-2 vide Ann-H and etc.) 1. Petitioners are seeking a direction to consider their representation dated 11.03.2013 (Annexure-A) so as to conduct podi and durasth work and assigning of a new survey number in respect of land bearing Survey No.35/P13, measuring 2 acres at Dasanayakanahalli, Jala Hobli, Bengalooru North Taluk, Bengalooru. 2. Briefly stated the facts are that the petitioners have purchased the aforesaid land under two registered sale deeds dated 28.06.2006 from their vendor one Smt.Anil Sankey, Subsequently, proceedings were initiated under Section 136(3) of the Karnataka Land Revenue Act, 1964 against the petitioners' vendor, in which proceedings, the petitioners had impleaded themselves. By order dated 25.02.2013, the 3rd respondent, the Special Deputy Commissioner, Bangalore held that the records in respect of the ...


Jun 04 2014

K. Mallikarjun Vs. The Revenue Inspector and Another

Court: Karnataka Dharwad

Decided on: Jun-04-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Impugned Rejection Order/ Endorsement Dated 20.09.2011 Passed By The R1/ The Revenue Inspector, Moka Hobli, Bellary Vide Annexure-B And Etc.,) 1. In this Writ Petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question the order dated 20.09.2011 passed by the first respondent vide Annexure-B. 2. By the impugned order at Annexure-B, the first respondent has rejected the request of the petitioner to effect mutation in respect of the land bearing Sy.No.273/C3 measuring 02 Acres 10 Cents of Byradevanahalli Village. 3. Aggrieved by that the petitioner has filed this writ petition. 4. Briefly stated the facts are: The petitioner claims that he is the owner of the land bearing Sy.No.273/C3 measuring 02 Acres 10 Cents of Byradevanahalli Village. The petitioner purchased the said land from one Nayakar Maranna through registered sale deed d...


Jun 04 2014

Suresh and Others Vs. The State Of Karnataka and Another

Court: Karnataka Dharwad

Decided on: Jun-04-2014

(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C Seeking To Quash The P.C.No. 142/2013 Now Numbered As C.C.N0.858/2013 Pending On The File Of The J Mfc Ii-Court, Hubli.) 1. Heard learned counsel for the petitioners, learned High Court Government Pleader for respondent No. 1 - State and learned counsel for respondent No.2. Perused the records. 2. The petitioners herein have approached this Court for quashing of the proceedings in P.C. No. 142/2013, which was later registered as C.C. No.858/2013. The private complaint was filed against the petitioners for the offences punishable under. Sections 494, 109 and 114 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity). 3. The learned counsel for petitioners strenuously contended that the private complaint filed by complainant Smt. Rajeshwari does not disclose any specific allegations against the petitioner Nos.2 to 4. The omni bus allegations have been made against petitioners with r...


Jun 04 2014

Rajesh Vs. The Secretary and Others

Court: Karnataka Gulbarga

Decided on: Jun-04-2014

(Prayer: This writ appeal is filed under Section 4 of the Karnataka High Court Act, by the advocate for appellant praying that this Hon'ble Court to, allow the appeal and set aside the common order of the single judge dated: 05.08.2013 passed in W.P.No. 83523/2011 (L-TER) connected with W.P. No. 81114/2011 (L- TER) and order for the reinstatement of the appellant into service with full back wages, contiguity of service and all other consequential benefits, in the interest of justice and law.) 1. Appellant was engaged as a daily wager. He worked from 01.08.1984 to 01.01.1998 in the Minor Irrigation Department, Bidar. He was allegedly removed from, service orally with effect from 01.01.1998. He raised a dispute after lapse of 10 years from the date of alleged removal from service. The matter was referred by the State Government to the Labour Court. 2. The Labour Court, based on the pleadings, framed issues for consideration as to whether the workman proved that he worked continuously for...


Jun 04 2014

Naganna and Others Vs. Jaffar Shah and Others

Court: Karnataka Gulbarga

Decided on: Jun-04-2014

(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 07.09.2007 passed in MVC No. 420/2007 on the file of the III Additional Civil Judge (Senior Division) and Motor Accident Claims Tribunal, Gulbarga, award and enhance the amount of compensation payable in accordance with law in the facts and circumstances of the case along with interest @ 9$ p.a. from the date of petition.) 1. Heard the learned Counsel for the appellants and the learned Counsel for the respondents. 2. The appellants are the widower and the children of the deceased Jagadevi. It is claimed that while appellant no.1 and Jagadevi, the deceased wife of appellant no.1 were walking home after work and when they were near their house on the Gulbarga-Humnabad Highway, a vehicle, known as 'tum tum' bearing no.KA-38/3015, driven in a rash and negligent manner is said to have dashed against Jagadevi and she had sustained grievous injuries and had...


Jun 04 2014

New India Assurance Company Limited Divisional Office Vs. Shankar and ...

Court: Karnataka Gulbarga

Decided on: Jun-04-2014

(Prayer: This Miscellaneous First Appeal is filed under Section 30 (1) of the Workmen's Compensation Act, 1923 against the Judgement and Award dated 25.06.2008 passed in WCA/SR No. 108/2008 on the file of the Labour Officer and Commissioner for Workmen's Compensation, Sub Division No.1, Bijapur, allowing the appeal in the interest of justice and equity.) 1. Heard the learned Counsel for the appellant. The appellant is an insurance company questioning the award of compensation in favour of respondent no.1, a workman, who had claimed compensation under the Workmen's Compensation Act, 1923 (Hereinafter referred to as the 'EC Act', for brevity), on the footing that he had been injured as a result of an accident during and in the course of employment. The same had been contested by the appellant herein and the Commissioner having awarded a compensation in a sum of Rs.70,942/- after having considered the material on record and the objections raised by the appellant, the present appeal is pre...


Jun 04 2014

State of Karnataka Vs. Venkataramaiah (A.2) and Others

Court: Karnataka

Decided on: Jun-04-2014

(Prayer: This Criminal Appeal Is Filed Under Section 378 (1) and (3) Cr.P.C By The State P.P. For The State Praying That This Hon'ble Court May Be Pleased To Grant Leave To File An Appeal Against The Judgment And Order Of Acquittal Passed By The Prl.Sessions Judge, Bangalore Rural District, Bangalore In Sessions Case No.41/2004 and 3/06 Dated Ii. 09.2008. Thereby Acquitting The Respondents-Accused For The Offences P/U/S 143, 147, 302,307, 114 R/W Sec.149 Of Ipc.) 1. This appeal is preferred by the State against the judgment and order of acquittal passed by the Prl. Sessions Judge, Bangalore Rural District, Bangalore in Sessions Case Nos.41/2004 and 3/2006, dated: 11.09.2008. 2. All the five accused/respondents were charged for the offences punishable under Section 147 read with 149, 302 read with 149, 307 read with 149, 114 read with 149 of IPC. 3. Case of the prosecution in brief is that, deceased is the elder brother of accused Nos. 1 to 3; accused No.4 is the father of the deceased ...


Jun 04 2014

P.M. Shankar and Another Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Jun-04-2014

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned letter dated 26.6.2013 issued by the R-2 vide Ann-H and etc.) 1. Petitioners are seeking a direction to consider their representation dated 11.03.2013 (Annexure-A) so as to conduct podi and durasth work and assigning of a new survey number in respect of land bearing Survey No.35/P13, measuring 2 acres at Dasanayakanahalli, Jala Hobli, Bengalooru North Taluk, Bengalooru. 2. Briefly stated the facts are that the petitioners have purchased the aforesaid land under two registered sale deeds dated 28.06.2006 from their vendor one Smt.Anil Sankey, Subsequently, proceedings were initiated under Section 136(3) of the Karnataka Land Revenue Act, 1964 against the petitioners' vendor, in which proceedings, the petitioners had impleaded themselves. By order dated 25.02.2013, the 3rd respondent, the Special Deputy Commissioner, Bangalore held that the records in respect of the ...


Jun 04 2014

Stat E of Karnataka Vs. Venkataramaiah (A.2) S/O Govindappa

Court: Karnataka

Decided on: Jun-04-2014

1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE04H DAY OF JUNE2014PRESENT THE HONBLE MR.JUSTICE MOHAN M SHANTANAGOUDAR AND THE HONBLE MR.JUSTICE C.R.KUMARASWAMY CRIMINAL APPEAL No.105 OF2009(A) BETWEEN: STATE OF KARNATAKA BY THYAMAGONDLU P.S. ... APPELLANT (BY SRI.B.VISWESHWARAIAH, HCGP) AND: SESSION CASE NO.41/2004 1. VENKATARAMAIAH (A.2) S/O GOVINDAPPA AGED ABOUT20YEARS AGRICULTURIST2 NANDAGOPALA (A.3) S/O GOVINDAPPA AGED ABOUT36YEARS AGRICULTURIST3 VENKATA GIRIYAPPA (A.5) S/O M.VENKATARAMAIAH AGED ABOUT65YEARS AGRICULTURIST (ACCUSED No.4 IS DEAD) 2 ALL ARE R/O GHORAGHATTA VILLAGE, THYAMAGONDLU HOBLI NELAMANGALA TALUK2 SESSIONS CASE NO.3/2006 1. KRISHNAMURTHY (A.1) S/O GOVINDAPPA AGED ABOUT27YEARS TEACHER, GORGHATTA THYAMAGONDLU HOBLI NELAMANGALA TALUK (BY SRI.H.C.HANUMAIAH, ADVOCATE) THIS CRIMINAL APPEAL VILLAGE ...RESPONDENTS IS FILED UNDER SECTION378(1) & (3) CR.P.C BY THE STATE P.P. FOR THE STATE PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO GRANT LEAVE TO FILE ...


Jun 03 2014

United India Insurance Company Limited Branch Office Vs. Fatima and Ot ...

Court: Karnataka Gulbarga

Decided on: Jun-03-2014

(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 16.05.2007 passed in MVC No. 143/2005 on the file of the Civil Judge (Senior Division) and Motor Accident Claims Tribunal, Muddebihal, awarding a compensation of Rs.9,26,592/- with interest @ 6% p.a. from the date of petition till realisation.) 1. Heard the learned Counsel for the appellant and the learned Counsel for the respondents. 2. The appellant is the insurance company which had insured a vehicle involved in an accident leading to the claim petition. 3. The facts are as follows: Respondents 1 to 7 are the widow, the children and the mother of the deceased Imamsab Balabatti. It transpires that Imamsab Balabatti, while going on his motor cycle bearing No.KA-28/J-9709, on 15.5.2004, at about 11.30 a.m., to Muddebihal from Balabatti and when he was nearing Chalami Thanda, an auto rickshaw bearing registration No.KA-28/J- 6102, which is said to hav...


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