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Karnataka Court July 2014 Judgments

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Jul 23 2014

Mohammed Harfath and Another Vs. State

Court: Karnataka

Decided on: Jul-23-2014

(Prayer: This Crl.P Filed U/S.439 Cr.P.C Praying To Enlarge The Petitioner On Bail In Cr. No. 156/2014 Of D.J.Halli P.S., Bangalore City, Which Is Registered For The Offence P/U/S 370(5),370(A),374,344 Of Ipc And U/S 26,23 Of Juvenile Justice Act And U/S 14 Of Child Labour (Prohibition And Regulation) Act, 1986 And U/S 16,17,18 Of Bonded Labour System (Abolition) Act, 1976 And Right To Education Act.) 1. This is the petition filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C seeking their release on bail, for the offences punishable under Sections 370(5), 370(A), 374, 344 of IPC and under Section 26 and 23 of the Juvenile Justice Act and under Section 14 of Child Labour (Prohibition and Regulation) Act and under Section 16, 17 and 18 of Bonded Labour System (Abolition) Act, 1976 and Right to Education Act, registered in respondent police Station crime No. 156/2014. 2. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos. 1 and 2 als...


Jul 23 2014

shri.mallikarjun S/O Amatheppa and Anr Vs. The State of Karnataka and ...

Court: Karnataka Gulbarga

Decided on: Jul-23-2014

1 IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH R DATED THIS THE23D DAY OF JULY, 2014 PRESENT THE HONBLE MR.JUSTICE B.S.PATIL AND THE HONBLE MR.JUSTICE ANAND BYRAREDDY WPHC No.200008/2014 BETWEEN:1. Mallikarjun S/o Amatheppa Age:58. years Occ: Agriculture 2. Channamma W/o Mallikarjun Age:50. years Occ: Household work Both are resident of No.1/2/32 Patel Wadi, Sindhanur Dist. Raichur (By Sri Basavaraj R. Math, Advocate) AND:1. The State of Karnataka By its Additional Secretary PETITIONERS2(Law and Order) Home Department Vidhana Soudha Bangalore 2. Deputy Commissioner And District Magistrate Raichur District, Raichur RESPONDENTS (By Sri Manvendra Reddy, Government Advocate) This Writ Petition is filed Under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari, in No.fCg/JAJf/UAP/93/2013-14 and the order dated 11.04.2014 order dated 01.03.2014 quashing the bearing No.H.D.141 SST2014passed by the 2nd and 1st respondent respectively, produc...


Jul 22 2014

M.P. Prakash and Another Vs. Dr.M.V. Seetharam and Others

Court: Karnataka

Decided on: Jul-22-2014

(Prayer: This Revision Petition is filed under S.115, CPC praying to set aside the order dated 19.4.2014 on IA 10 in Ex. Case 10/2008 by the Addl. Civil Judge, Chikmagalur.) 1. Aggrieved by the order passed on IA 10 in Ex.Case 10/2008 by the Addl. Civil Judge (Jr.Dvn.), Chikmagalur on 19.4.2014, the 3rd and 4th judgment debtors are before this Court in revision. Heard the counsel for the petitioners and the 1st respondent / party in person. Petitioners' counsel has relied upon the judgment of the Apex Court in the case of Shew Bux Mohata and Anr Vs Bengal Breweries Ltd and Ors - AIR 1961 SC 137 to contend that when delivery of possession to decree holder is ordered and accepted, with the defendant remaining on the premises, it is held the decree is fully satisfied and ii cannot again ne executed. He has also relied upon the decision of this Court in the case of Mrs Rosane Jerome D'Souza Vs Bhagvandas Gangaram Kamble (dead) by LRs - 2005(1) KCCR 292 to contend that a second application ...


Jul 22 2014

Tabreez Vs. State of Karnataka

Court: Karnataka

Decided on: Jul-22-2014

(Prayer: This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr. No.79/2013 of Sakkarepatna P.S., Chickmaglur District for the offences punishable under Sections 302 and 201 read with Section 149 of IPC.) 1. This petition is filed by the petitioner-accused No.6 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 302 and 201 read with Section 149 of IPC registered in respondent Police Station Crime No.79/2013. 2. I have heard the learned Counsel appearing for the petitioner-accused No.6 and the learned High Court Government Pleader appearing for the respondent-State. 3. Learned Counsel appearing for the petitioner, during the course of the arguments, submitted that there are no direct witnesses to the alleged incident and the case of the prosecution rests on the circumstantial evidence. The learned Counsel also submitted that accused No.7 against whom similar allegations are made had...


Jul 22 2014

M.P. Prakash and Another Vs. Dr.M.V. Seetharam and Others

Court: Karnataka

Decided on: Jul-22-2014

(Prayer: This Revision Petition is filed under S.115, CPC praying to set aside the order dated 19.4.2014 on IA 10 in Ex. Case 10/2008 by the Addl. Civil Judge, Chikmagalur.) 1. Aggrieved by the order passed on IA 10 in Ex.Case 10/2008 by the Addl. Civil Judge (Jr.Dvn.), Chikmagalur on 19.4.2014, the 3rd and 4th judgment debtors are before this Court in revision. Heard the counsel for the petitioners and the 1st respondent / party in person. Petitioners' counsel has relied upon the judgment of the Apex Court in the case of Shew Bux Mohata and Anr Vs Bengal Breweries Ltd and Ors - AIR 1961 SC 137 to contend that when delivery of possession to decree holder is ordered and accepted, with the defendant remaining on the premises, it is held the decree is fully satisfied and ii cannot again ne executed. He has also relied upon the decision of this Court in the case of Mrs Rosane Jerome D'Souza Vs Bhagvandas Gangaram Kamble (dead) by LRs - 2005(1) KCCR 292 to contend that a second application ...


Jul 22 2014

Sudhakar Hegde and Others Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Jul-22-2014

(Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to quash the notifications dated 15.11.2006 issued by third respondent vide Annexure-N and notification dated 29.6.2007 vide Annexure-0 respectively, in respect of the petitioners land situated in 11/1 of Billishivale village, site bearing No.948, house list khatha No. 183, Asha Township 6th 'A' Cross, Bidarahalli Hobli, Bangalore East Taluk, Bangalore, measuring East to West 112 feet, North to South 80 feet in all measuring 8960 sq. ft. and bounded on the east by: 6th Cross Road, west by : Private Property, North by. site No.947, south by: site no.949. This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash the preliminary notification issued by the second respondent, dated 15.11.2006, and published in the Gazette dated 16.11.2006, so far it relates to formation of Peripheral Ring Road with providing truck terminals, BMTC Depot, which is produced...


Jul 22 2014

Sri Sudhakar Hegde Vs. State of Karnataka

Court: Karnataka

Decided on: Jul-22-2014

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE22d DAY OF JULY2014BEFORE: THE HONBLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.4550 OF2008(LA-BDA) CONNECTED WITH WRIT PETITION No.16120 OF2007(LA-BDA) WRIT PETITION No.18037 OF2007(LA-BDA) WRIT PETITION Nos.49622-49721 OF2012(LA-BDA) WRIT PETITION No.45444 OF2012(LA-BDA) WRIT PETITION No.12340 OF2008(LA-BDA) WRIT PETITION No.6199 OF2008(LA-BDA) WRIT PETITION No.566 OF2008(LA-BDA) WRIT PETITION No.726 OF2008(LA-BDA) WRIT PETITION No.11651 OF2008(LA-BDA) WRIT PETITION No.20340 OF2007(LA-BDA) WRIT PETITION No.19293 OF2007(LA-BDA) WRIT PETITION No.19651 OF2007(LA-BDA) WRIT PETITION No.9975 OF2008(LA-BDA) WRIT PETITION No.10126 OF2010(BDA) WRIT PETITION No.10071 OF2007(LA-BDA) WRIT PETITION No.10098 OF2007(LA-BDA) WRIT PETITION No.19984 OF2007(LA-BDA) WRIT PETITION No.13321 OF2008(LA-BDA) WRIT PETITION No.10548 OF2008(LA-BDA) WRIT PETITION No.400 OF2009(LA-BDA) WRIT PETITION Nos.19148-19152 & 25423-25425 OF2009LA-BDA) 2 WRIT PE...


Jul 22 2014

M P Prakash Vs. Dr M v Seetharam

Court: Karnataka

Decided on: Jul-22-2014

IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 22nd day of July, 2014 Before THE HONBLE MR JUSTICE HULUVADI G RAMESH Civil Revision Petition 195 / 2014 M P Prakash, 55 yrs S/o Puttaswamegowda 7th day School Road By the side of Laxmi Industries Aravindnagar, Basavanahalli Chikmagalur C V Kallesh, 52 yrs S/o C R Veerabhadrappa S K Road, K M Road Chikmagalur Between 1 2 (By Sri K S Ganesha, Adv.) And 1 2 Dr M V Seetharam, 78 yrs S/o M Venkataswamy Advocate, M G Road S B Halli, Chikmagalur Kataraja, 66yrs S/o late L L Siddashetty Petitioners 3 2 L S Chandrashekara, 63 yrs S/o late L L Siddashetty 2-3 are r/o 7th day School Road Aravindanagara, Basavanahalli Chikamagalur Respondents (R1 - Party in person) This Revision Petition is filed under S.115, CPC praying to set aside the order dated 19.4.2014 on IA10in Ex. Case 10/2008 by the Addl. Civil Judge, Chikmagalur. made the following: This Revision Petition coming on for hearing this day, the Court ORDER Aggrieved by the order p...


Jul 21 2014

Shivraj and Another Vs. State Of Karnataka

Court: Karnataka

Decided on: Jul-21-2014

(Prayer: This Criminal Petition Is Filed Under Section 439 Of Cr.P.C. Praying To Enlarge The Petitioners On Bail And This Application For Bail May Kindly Be Allowed.) 1. This is the petition filed by the petitioners - accused Nos. 1 and 2 under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 9, 39, 42 and 51 of the Wild Life Act, 1972 and under Section 41(d) r/w. Section 102 of Cr.P.C. and under Section 379 and 429 of IPC registered by the respondent - police in Crime No, 199/2014. 2. Heard the arguments of the learned counsel appearing for the petitioners - accused Nos. 1 and 2 and also learned High Court Government Pleader for the respondent - State. 3. Learned counsel for the petitioners during the course of his argument submitted that the Sub Inspector of Police who lodged the complaint in this case is not competent person to file the complaint as per Section 55 of the said Act. He also made the submission that petitioners are not at ...


Jul 21 2014

H.R. Veerabharaiah and Another Vs. State Bank Of Hyderabad and Another

Court: Karnataka

Decided on: Jul-21-2014

(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of Constitution Of India Praying To Quash The Recovery Certificate -In OA 413/07 DTD. 13.3.12 Issued By The Presiding Officer, DRT, Bangalore Vide Ann-A By Issuing A Writ In The Nature Of Certiorari And Etc.) 1. Petitioners, have called in question the recovery certificate dated 13.3 2012 bearing DRC 6757/2012 in OA No.413/2007 of the Presiding Officer, Debt Recovery Tribunal, for short 'DRT', Bangalore Annexure-A, insofar as it relates to paragraph-4 and the schedule of properties. 2. It is the assertion of the petitioners that they purchased the immovable property in question under a deed of sale registered on 28.4.2006 executed by 2nd respondent. The 1st respondent/Bank alleging to have obtained a mortgage of the said immovable property, and as the 2nd respondent failed to repay the dues, instituted OA No.413/2007 before the DRT, Annexure- C, arraigning petitioners as party respondents 2 and 3 while the borrower as 1...


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