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Karnataka Court August 2014 Judgments

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Aug 02 2014

Prasanna Education Trust, Belthangady Vs. National Council for the Tea ...

Court: Karnataka

Decided on: Aug-02-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India With A Prayer To Quash The Withdrawal Order Dated 6.12.2013 Passed By The Respondent And Vide Annex-J.) 1. Petitioner is before this Court assailing the withdrawal order dated 06.12.2013 impugned at Annexure J to the petition. 2. The petitioner, an educational institution by name Prasanna College of Education, Ujire, Beltangady taluk, Dakshina Kannada had started the B.Ed. course during the academic sessions 2004-05 with the intake of 100 students. Similarly D.Ed. Course has also been commenced. Among other requirements, one of the conditions was also that the petitioner institution should possess their own building. The respondent had issued a show cause notice stating that the petitioner has not complied with the said requirement. The petitioner had replied to the same seeking to justify their action and to indicate that they are in possession of an appropriate building as required under the ...


Aug 02 2014

Chikkanna and Others Vs. The State Of Karnataka and Others

Court: Karnataka

Decided on: Aug-02-2014

(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution Of India, With A Prayer To Quash The Endorsement Dtd.4.9.2013 Vide Annex-L and Direct The R2 and R3 To Allot Sites To The Petitioners In Accordance With The Incentive Scheme Of The R3 Dtd.22.10.1990 and 29.01.1994 Vide Annex-F and G. These Writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution Of India, With A Prayer To Call For Records In Lac No.207/2005-06 On The File Of The Respondent and Quash The Endorsements Dated 27.12.2012 Passed By The Respondent No.2 Vide Annexures-D And E. These Writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution Of India, With A Prayer To Call For Records In Laq(5) Cr 179/92-93 On The File Of The R-2 And R-3 and Quash The Endorsements Dtd.4.9.2013 Passed By The R-2 And R-3 Vide Annx-F1 To F3 And Etc. These Writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution Of India, With A Prayer To Call For Records In Lac(2)96/94-...


Aug 02 2014

Sri G Manjunath Vs. The Secretary

Court: Karnataka

Decided on: Aug-02-2014

1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE02D DAY OF AUGUST, 2014 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION NO.8405/2013 (LR-RES). BETWEEN:1. SRI.G.MANJUNATH, AGED ABOUT23YEARS, MAJOR, S/O LATE R.K.GOVINDAPPA, R/AT NO.402, KEERTHY REGENCY, 2ND MAIN ROAD, KODIHALLI, BANGALORE560008. 2.SMT.GAYATHRI, AGED ABOUT28YEARS, MAJOR, D/O LATE R.K.GOVINDAPPA, W/O SRI VENKATESH, R/AT NO.901, 4TH CROSS, BRUNDAVANA LAYOUT, VIJINAPURA, BANGALORE-16. ... PETITIONERS (BY SRI.S.D.N.PRASAD, ADV.) AND:1. THE SECRETARY, KARNATAKA GOLF ASSOCIATION, WIND TUNNEL ROAD, N.A.L ROAD, MURUGESHPALYA, BANGALORE-560 017. A.MADHUSUDHANA SRI: RAO, FOR22.KARNATAKA STATE TOURISUM DEVELOPMENT DEPARTMENT, BANGALORE-DODDABALLAPURA SUB DIVISION, BANGALORE RURAL DISTRICT-561 203. REP. BY ITS MANAGING DIRECTOR. 3.THE REGIONAL COMMISSIONER, BANGALORE DIVISION, B.M.T.C. BUILDING, 2ND FLOOR, SHANTHINAGARA, BANGALORE-560 035. ... RESPONDENTS (BY SRI.PRAKASH.T.HEBBAR SMT.SAVITHRAMMA, HCGP FOR R3...


Aug 01 2014

Vinay Saraogi Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Aug-01-2014

(Prayer: This WP is filed under Articles 226 and 227 of the Constitution of India praying to call for records from the file of R3 in respect of the land in question and direct the Respondents to consider the Representation of the Petitioner dated 16.7.2013 for making Phodi and Durasth as per Ann-A and R3, may be directed to make Phodi and Durasth in respect of the land in question.) 1. Petitioner has sought a direction to the third respondent - Tahsildar, Anekal Taluk, Anekal, to consider his representation dated 16/07/2013 (Annexure "A"), with regard to 'phodi and durast work' in respect of land bearing Sy.No.90 (new Sy.No.90/P12), measuring 10 Acres situated in Kallubalu Village, Jigani Hobli, Anekal Taluk, Bangalore District. 2. It is the case of the petitioner that originally the aforesaid land was granted in favour of one Appurao, son of Gopalaiah, in the year 1951-52. That the said Appurao sold the land in favour of Sri. Baiyanna, under registered sale deed dated 17.10.1958, regi...


Aug 01 2014

Syed Akbar Pasha Vs. The Tender Evaluation Committee and Others

Court: Karnataka Gulbarga

Decided on: Aug-01-2014

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of certiorari quashing the decision of respondents No.1 to 5 herein passed in its meeting dated 24.02.2014, rejecting the technical bid of the petitioner and thereby accepting and forwarding the technical bid of the respondent No.7 for approval in respect of the tender for "improvements to Manvi Cross to Gavigat via Aldas road from KM 1.00 to 2.20 and KM 3.40 to 10.00 in Manvi Taluka, Raichur District", as copy of which is at Annexure-E and etc.) 1. This writ petition is filed challenging the decision taken in the meeting dated 24.02.2014 presided by the Superintendent Engineer, Public Works, Ports and Inland Water Transport Department, Bellary Zone, Bellary regarding the tender submitted for improvements to a road from Manvi Cross to Gavigat via Aldal in Raichur District. 2. As per the impugned resolution/decision, technical bid submitted by the petitioner has been rej...


Aug 01 2014

Shashavali and Others Vs. State of Karnataka, Deputy Range Forest Offi ...

Court: Karnataka Dharwad

Decided on: Aug-01-2014

(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C. Seeking To Quash The Order Dated 13.05.2013 Passed By The Addl. Senior Civil Judge and Jmfc Court, Hospet In Foc No.23/2014-15 Insofar As Imposing Condition No.4 And Order Dated 18.07.2014 Passed By The Iii-Addl. Dist. and Sessions Judge, Bellary, Sitting At Hospet, In Crl.Rp.Nos.5024/2014 To 5039/2014.) 1. The learned Addl. State Public Prosecutor is directed to take notice for the respondent. 2. Heard the learned counsel for the petitioners and the Addl. State Public Prosecutor. Perused the records. 3. The petitioners have sought for relaxation of condition No.4, imposed by the Additional Sr. Civil Judge and JMFC Hospet, in FOC No.23/2014-15, wherein the learned Magistrate has imposed a condition while releasing the vehicle in favour of the petitioner that - "each petitioner shall furnish a nationalized Bank Guarantee for a sum of Rs.10,00,000,/- in favour of the Court and Bank guarantee shall keep alive by periodical renewa...


Aug 01 2014

M/s. The India Sugars and Refineries Ltd. Vs. Tushar Girinath, IAS, Se ...

Court: Karnataka Dharwad

Decided on: Aug-01-2014

(Prayer: This CCC is filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India, praying to register the above complaint and punish the accused for disobeying the order dated 19.6.2013 passed in WP No.71336/2012 vide Annexure-B.) 1. The complainant viz., M/s. The India Sugars and Refineries Limited, is before this Court under Sections 11 and 12 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India, praying to initiate contempt proceedings against accused Nos.1 to 3 for their willful disobedience of the order dated 19.6.2013 made in WP No.71336/2012 on the file of learned Single Judge of this Court, at Annexure-B. 2. Brief facts of the case leading to the filing of the Contempt Petition may be stated as under: The complainant filed a Writ Petition in No.71336/2012 against the State namely Principal Secretary, Home Department; the Secretary, Commerce and Industries Department; the Commissioner for Cane and Di...


Aug 01 2014

Reshma S. Ganga and Another Vs. Benagonda Erappa Biradara and Others

Court: Karnataka

Decided on: Aug-01-2014

(Prayer: This MFA is filed U/S 173(1) of MV Act against the judgment and award dated: 06/08/2011 passed in MVC No.204/2009 on the file of the II Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal-7, Shimoga, partly allowing the claim petition for compensation and seeking enhancement of compensation. This MFA is filed U/S 173(1) of MV Act against the judgment and award dated: 06/08/2011 passed in MVC No.204/2009 on the file of the II Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal-7, Shimoga, awarding a compensation of Rs.18,47,200/- with interest at 6% p.a. from the date of petition till deposit and to modify the same.) 1. Though these matters are posted today for Orders, with the consent of learned counsel appearing for both the parties, the same are taken up for Final disposal. These appeals by the Claimant and by the Corporation respectively are directed against the same impugned common judgment and award dated 06/08/2011 passed i...


Aug 01 2014

Rezzak Hotels Pvt. Ltd. Vs. The State Of Karnataka and Others

Court: Karnataka

Decided on: Aug-01-2014

(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of Constitution Of India Praying To Quash Demand Notices Dtd. 7.7.2012 And 17.06.2013 Vde Annexure-C And D Issued By R.3 D.C., Bangalore District And R.2 Deputy Commissioner Excise, Bangalore Respectively And Etc.,) 1. The exercise of jurisdiction under Sub-rule (2) of Rule 14 of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968, for short 'Rules', in many a decision of this court, it is held, that the Licencing authority none other than the Deputy Commissioner- Revenue is required to issue a show cause notice inviting an explanation from the licence holder and thereafter pass orders in the matter of levying penalty for short lifting of liquor during the excise year. The law laid down by this Court is in tandem with the statutory provisions required to be adhered to and complied with by the Authorities. 2. Despite the statutory compulsions and the order of this Court the Deputy Commissioner of Excise...


Aug 01 2014

Muniyamma and Others Vs. The Secretary To Govt and Others

Court: Karnataka

Decided on: Aug-01-2014

(Prayer: These W.Ps. Are Filed Under Artilces 226 and 227 Of The Constitution Of India, Praying To Quash The Notice Dated Nil, Issued By The Tahsildar, Bangalore North [Addl.] Tlauk, Yelahanka New Town, Bangalore Vide Ann-A To A6 and Etc.) 1. Petitioners have assailed notices at Annexures A to A6, issued by the Tahsildar, Bangalore North (Addi.) Taluk, Yelahanka New Town, Bangalore. Those notices are issued under sub-section (3) of Section 94 of the Karnataka land Revenue Act, 1964. 2. Learned Counsel for the petitioners state that pursuant to those notices, the petitioners have appeared before the respondent-authorities and proceedings are pending. However, the apprehension of the petitioners is that even before conclusion of the proceedings initiated through the impugned notices, there would be adverse action taken against the petitioners, which may be even demolition of petitioners' premises. It is on that apprehension, these writ petitions have been filed. 3. Learned AGA appearing ...


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