Karnataka Court July 2014 Judgments
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Ranganatha Vs. The State of Karnataka
Court: Karnataka
Decided on: Jul-02-2014
(Prayer: This criminal petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.7/2013 of Arasikere Town P.S., Hassan, for the offences punishable under Sections 143, 147, 148, 324, 307, 353, 332, 341, 323, 341, 504, 506 read with Section 149 of IPC and under Sections 3(1)(x) and 3(2)(v) of the SC and ST (Prevention of Atrocities) Act (for short 'SC-ST Act'). 1. This petition is filed by the petitioner-accused No.2 under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of his arrest, he be released on bail of the offences punishable under Sections 143, 147, 148, 324, 307, 353, 332, 341, 323, 341, 504, 506 read with Section 149 of IPC and under Sections 3(1)(x) and 3(2)(v) of the SC and ST (Prevention of Atrocities) Act (for short 'SC-ST Act'), registered in respondent Police Station Crime No.7/2013. 2. I have heard the learned Counsel appearing for the petitioner-accused No.2 a...
State of Karnataka, By its Chief Secretary and Others Vs. Dhanalaksham ...
Court: Karnataka
Decided on: Jul-01-2014
(Prayer: This RFA is filed under Section 96 of CPC against the judgment and decree dated 06.03.1999 passed in O.S.No.7698/1997 on the file of the II Addl. City Civil Judge, Bangalore, decreeing the suit for declaration and injunction.) 1. This appeal is filed by the State of Karnataka challenging the legality and correctness of the judgment and decree passed by the Second Additional City Civil Judge, Bangalore, dated 06.03.1999 in O.S.No.7896/1997. 2. One Smt.Dhanalakshamma wife of H.G.Krisnhappa filed the suit to declare her as an absolute owner of 6 acres, 20 guntas of land situated in Survey No.43, of Valagerehalli Village, Kengeri, Hubli and to further declare that the change of revenue entries to her name only to an extent of 1 acre of land as illegal and to grant a permanent injunction to restrain the appellants/defendants from interfering with her possession. 3. Though notice was served upon the appellants and Government Pleader was engaged, the case was not contested by the app...
M/s. Dwaraka Social Association and Others Vs. Commissioner of Police ...
Court: Karnataka
Decided on: Jul-01-2014
(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare that the petitioners Association are not required to obtain a license under the Licensing and Controlling of Places of Public Amusement Order or under the Karnataka Police Act, 1963 to carry on recreational and other lawful activities like skill game, chess, carom, fantastice III played with 3 dice, dice ball, dart games, electronic/computer poker game, table tennis, cards, video games, poker, snooker, pool game billiards, ping pong, joker bonus games, and other indoor and outdoor games in the petition schedule properties and etc.) 1. Smt.Rafeeunisa, the learned High Court Government Pleader is directed to take notice for the respondents. 2. Heard the learned advocates. 3. The petitioners' grievance is that the respondents are insisting that the petitioners must obtain the license under the Karnataka Police Act or under Licensing and Controlling of Places of Public Amuseme...
V. Paramasivam and Another Vs. V. Savitramma and Another
Court: Karnataka
Decided on: Jul-01-2014
A joint memo dated 1-7-2014 duly signed by the appellants and respondents and their Counsel is filed before the Court. The same is taken on record. The joint memo reads as under: Whereas the son of the respondents 1 and 2 by name Sri Karthikeyan died on 23-9-2009 and the respondents 1 and 2 preferred a claim before the Workmens Compensation, Bangalore, Sub-Division No.4 numbered as W.C.A./C.R./No.7/2010, which culminated in an order dated 3-12-2011, directing the appellants herein to pay compensation of Rs.4,48,000/-, along with 12% interest, to the respondents 1 and 2, which is challenged in the above appeals. Whereas during the pendency of these appeals the appellants and the respondents 1 and 2, have mutually agreed to settle the matter amicably on the following terms: 1. The appellants has already deposited before this Honble Court a sum of Rs.4,48,000/- and the appellants shall further deposit today a sum of Rs.55,000/- as ordered by this Honble Court, vide D.D. NO.057712, dated 1...
Patil Venkanagouda Benakangouda Vs. The Kallappanna Awade Ichalakaranj ...
Court: Karnataka Dharwad
Decided on: Jul-01-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quashing The Impugned Notice Dated 29.01.2014 Issued By The Respondent-2 Vide Annexure-C.) 1. Petitioner had availed loan from the Navakalyan Co-operative Bank Limited, Hubli, which has merged with the respondent - Bank. According to the petitioner, the entire loan amount was settled during the existence of the then Navakalyan Co-operative Bank Limited i.e., much prior to the amalgamation of the said Bank with the respondent Bank. The respondent having issued a notice dated 29.01.2014 vide Annexure - C and also the possession notice dated 23.01.2014 under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Act, 2002, in respect of the property shown in the schedule thereof, this writ petition was filed on 07.02.2014, to quash the Annexure - C and grant consequential reliefs. 2. According to Shri Suresh P. Hudedagaddi, learned advocat...
New India Assurance Co. Ltd. and Others Vs. K.H. Maruthi and Others
Court: Karnataka
Decided on: Jul-01-2014
(Prayer: This MFA is filed under Section 173(1) of Motor Vehicles Act against the judgment and award dated 10.4.2012 passed in MVC No.6406/2010 on the file of the XVIII Addl. Judge, Court of Small Causes, Member MACT-4, Bangalore awarding compensation of Rs.5,70,000/- with interest @ 6% p.a. from the date of petition till the deposit. This MFA is filed under Section 173(1) of Motor Vehicles Act against the judgment and award dated 10.4.2012 passed in MVC No.6406/2010 on the file of the XVIII Addl. Judge, Court of Small Causes, Member MACT-4, Bangalore partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. MFA No.7827/2012 is filed by the Insurance Company to reduce the compensation awarded by the Tribunal on the ground that the deceased was also guilty of contributory negligence. 2. MFA No.6076/2012 is filed by the claimants for enhancement of compensation awarded by the Tribunal. 3. The Insurance Company has not disputed its liability. The Ins...
N. Gururaja Vs. K. Anuradha
Court: Karnataka
Decided on: Jul-01-2014
(Prayer: This Appeal Is Filed Under Section 47(1) Of The Guardian And Wards Act, Against The Order Dated 03.04.2013 Passed In G and W.C. No. 147/2007 On The File Of The Additional Principal Judge, Family Court, Bangalore, Allowing The Petition Filed U/S 7 and 17 Of The Guardian And Awards Act And Etc.) 1. The parties have filed a joint memo, which is signed by both parties and their respective counsel. As per the joint memo, the appellant is permitted to take his minor child Vrushank on every 2nd and 4th Sundays of the month between 11 am to 4 pm. It is made very clear that the appellant shall not take his friend Anjan during the period when the minor child is in his custody. The appellant also undertakes to bear the educational and other expenditure of the child, as detailed in para-5 of the joint memo. It is also agreed between the parties that on the birth days of the minor child and the appellant, the appellant is entitled to take the minor child to ISKCON temple for an hour also. ...
Minor Shailashree Vs. Denis D'souza and Another
Court: Karnataka
Decided on: Jul-01-2014
(Prayer: This MFA is filed under section 173(1) of Motor Vehicles Act against the judgment and award dated 6.6.12 passed in MVC No.1135/2006 on the file of the Presiding Officer, Fast Track Court, MACT, Kundapura partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. The claimant has filed this appeal for enhancement of compensation The Insurance Company has satisfied the impugned award. The findings of the Tribunal on the issues of negligence and liability have attained finality. 2. The only question that arises for consideration is whether the claimant is entitled for enhancement of compensation. 3. I have heard Sri.Gururaja Shetty, learned counsel for the claimant and Sri Rangegowda, learned counsel for the Insurance Company. 4. As a result of the accident, the claimant has suffered the following injuries: 1. Crush injury measuring 15cm x 10cm on the right thigh. 2. Supracondylar fracture of the right femur. 3. Comminuted fracture on right p...
Sampangi Vs. The Divisional Manager, The New India Assurance Company L ...
Court: Karnataka
Decided on: Jul-01-2014
1. This appeal is filed by the owner/insured of the Tractor and Trailor bearing Nos. KA-42/T-295 and KA-42/T-296, challenging the fastening of the liability by the Motor Accident Claims Tribunal and Principal Civil Judge (Senior Division), Ramanagara, in MVC No.145 of 2008. 2. The accident occurred on 5th April, 2007 at about 2.00 a.m. when the deceased Puttaswamaiah and his friends were travelling in the Tractor and Trailor bearing Nos. KA-42/T-295 and KA-42/T-296, loaded with wooden pieces, near Kanakapura Circle, Ramanagara Town, due to the negligence of the driver of the tractor, the tractor turned turtle; both Puttaswamaiah and his another friend were struck below the wooden pieces and sustained grievous injuries. Puttaswamaiah was referred to NIMHANS and thereafter, he was treated in Rajiv Gandhi Hospital, however, subsequently on 15-4-2007, he succumbed to the injuries. 3. The claim petition was filed and on the matter being contested, raising relevant issues for consideration, ...
Dr. K. Vijaykumar and Others Vs. The State Of Karnataka and Others
Court: Karnataka
Decided on: Jul-01-2014
(Prayer: This Writ Petition Is Filed Under Article 226 And 227 Of The Constitution Of India Praying To Set Aside And Quash The Order Dated 10.03.2011 Rejecting The Application Made By The Petitioner For Registration Of Private Medical Practitioner As Per Karnataka Private Medical Establish Act 2007 And Rules 2009 By The District Registration Authority Passed By The Respondents Committee Consisting Of R2 To R5 Who Are Deputy Commissioner, Kolar District, District Health Officer, Kolar District, The President, Indian Medical Association And The Kolar District Member Of Ayush Ayurvedic Yoga Unani, Sidha Homeopathy Association, Kolar Produced At Annexure - K And Etc.) 1. Sri H.V.Manjunatha, the learned Additional Government Advocate appearing for the respondents has raised a threshold objection to the maintainability of these petitions. He submits that the impugned orders are appealable under Section 17 of the Karnataka Private Medical Establishments Act, 2007 ('the said Act' for short). 2...
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