Karnataka Court September 2014 Judgments
Asharaj and Others Vs. S.G. Nagaraj @ Suga Nagaraj
Court: Karnataka
Decided on: Sep-26-2014
(Prayer: RFA Filed U/S96 R/W Order 41 Rule 1 Of CPC Against The Judgement And Decree Dt.23.02.2007 Passed In Os.No.765/1999 On The File Of The I Addl.Civil Judge (Sr.Dn.) Bangalore Rural District, Bangalore, Decreeing The Suit For Specific Performance) 1. Present appeal is directed under Section 96 of CPC challenging the judgment and decree passed on 23.02.2007 in O.S.No.765/1999 which was pending on the file of the Court of I Addl. Civil Judge (Sr.Dn.), Bangalore Rural District, Bangalore. 2. Suit filed for the relief of specific performance of the contract has been decreed against the appellant by a considered judgment dated 23.02.2007. It is this judgment which is called in question on various grounds as set out in the appeal memo. 3. Appellant is the defendant in the said suit and respondent is the plaintiff in the said suit. Parties will be referred to as plaintiff and defendant as per their ranking given in the Trial Court. Appellant died during the pendency of this appeal and he...
Tag this Judgment!Daphira Wallang and Another Vs. Inspector of Customs HPU and Others
Court: Karnataka
Decided on: Sep-26-2014
(Prayer: This Criminal Appeal filed under Section 374(2) of the code of Criminal Procedure, 1973, by the advocate for the appellant/accused No.2 praying to set aside the judgment and order dated 30.03.2013 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS) Bangalore in Spl.C.C.No. 165/2009 (O.R.No.23/2008-09) convicting the appellant/accused for the offence punishable under Section 21(c), 23(c) read with 28 of N.D.P.S. Act and etc; This Criminal Appeal filed under Section 378(4) of the code of Criminal Procedure, 1973, by the advocate for the appellant praying to modify the judgment dated 30.03.2013 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge (N.D.P.S.) Bangalore in Spl.C.C.No. 165/2009 (O.R.No.23/2008-09) by convicting the respondents for the offence committed by them under Section 8(c) read with Section 21(c), 23(c) of N.D.P.S. Act, in respect of seizure made at M/s. Blue Dart Express.) 1. These appeals are heard...
Tag this Judgment!Dr. Chandrama Kanagali Vs. The State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Sep-26-2014
(Prayer: This Memorandum of Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order No.ED.128 UKV 2014 dated 1.9.2014 vide annexure-P passed by the respondent No.1, 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 01.09.2014 passed by the 1st respondent vide annexure-P. 2. By the impugned order at Annexure-P the petitioner has been appointed as Registrar of Karnataka State Music and Performing Arts University, Mysore, (for short 'Music University') in the place of the 5th respondent and 5th respondent has been appointed as Registrar of Karnatka University, Dharwad, in the place of the petitioner. 3. Aggrieved by that, the petitioner has filed this writ petition. 4. Briefly stated the facts are: The petitioner was appointed as Registrar of Karnataka University, Dharwad, on 6.9.2013. It is stated, the petitioner had to confront with ...
Tag this Judgment!Dr. M.G. Shab-Be Mehraj Banu Vs. Rajeev Gandhi University of Health Sc ...
Court: Karnataka Gulbarga
Decided on: Sep-26-2014
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution Of India, praying to direct the respondent Nos.3 and 4 to give the admission to the petitioner to the Diploma in Obstetrics and Gynecology Post Graduate course in the respondent No.4 college for the year 2014-15 by cancelling the admission given to respondent No.5 for the D.G.O course for the year 2014-15 and consequently direct the respondent No.1 to approve the admission of the petitioner.) 1. The petitioner herein is seeking a direction in the nature of mandamus to respondent Nos.3 and 4 to cancel the admission given to respondent No.5 for the course of Diploma in Obstetrics and Gynaecology Post Graduation in the fourth respondent college for the year 2014-2015 and in that place to provide admission to petitioner. She is also seeking a direction to respondent No.1 not to approve the admission of respondent No.5 for the said course and for other consequential reliefs. 2. Brief facts leading to this pe...
Tag this Judgment!T.S. Manjunath and Others Vs. State Of Karnataka and Others
Court: Karnataka
Decided on: Sep-26-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Quash The Order Dt.16.8.2014 At Annex-A Passed By The R-3 And Etc.) 1. Petitioners are duly elected Directors constituting the Board of Directors of the 2nd respondent - DCC Bank. They have been so elected on 24.05.2014. They have approached this Court challenging order dated 16.08.2014 passed by the Registrar of Co-operative Societies - respondent No.3 herein suspending the Board of Directors, exercising power under Sub-Clause 2 of Section 30 of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act') until further orders and appointing the Deputy Commissioner of the district as Administrator. The said order is produced at Annexure-A. This order is challenged on several grounds. 2. First contention urged by the learned Senior counsel for the petitioners is that the order passed is without jurisdiction and without any power or authority. The 2nd contention is that the...
Tag this Judgment!Bangalore Turf Club Ltd. Vs. Union of India
Court: Karnataka
Decided on: Sep-26-2014
1. Petitioners in W.P.Nos.6565-6568/2013, 6651-6652/2013 and Petitioner in W.P.No.6674/2013 are Turf Clubs of Bangalore and Mysore and they have filed these writ petitions challenging the demand raised by the respective Income Tax Officers (TDS) who have issued notices to them as to why they have not deducted income tax while making payment of 'stake money' to the owners of the horses as required under the provisions of Chapter XVII/Section 194B of the Income Tax Act, 1961 (hereinafter referred to as 'Act' for short) and as to why they should not to be treated as defaulters. The prayers sought for by the petitioners in W.P.Nos.6565-6568/2013 and 6651-6652/2013 are as under: "(1) quash the notices dated 20.01.2012 and 07.01.2013 issued by third respondent for the years 2006-07, 2007-08, 2008-09, 2009-10, 2010-11 and 2011-12 (Annexures-B B1, B2, B3) as being unconstitutional and ultra vires the provisions of Income Tax Act, 1961. (2) Quash notices for the years 2006-07, 2007-08, 2008-09...
Tag this Judgment!Ammanamma and Others Vs. Thimaiah and Others
Court: Karnataka
Decided on: Sep-26-2014
(Prayer: This R.S.A. is filed under Section 100 of CPC, against the Judgment and Decree dated 25.11.2005 passed in R.A.No.20/98 on the file of the Addl. Civil Judge (Sr. Dn.), Srirangapatna, dismissing the appeal and confirming the Judgment and Decree dated 24.2.1998 passed in O.S.No.4/93 on the file of the civil Judge (Jr. Dn.) and JMFC, Krishnarajapet.) 1. This regular second appeal is preferred by the appellants-plaintiffs being aggrieved by the judgment and decree of the Civil Judge (Sr.Dn.), Srirangapatna dated 25.11.2005 passed in R.A.No.20/1998, by which, the judgment and decree dated 24.2.1998 passed in O.S.No.4/1993 by the Civil Judge (Jr.Dn.), K.R.Pet, dismissing the suit, has been confirmed in the said appeal. 2. The facts leading to the present appeal are that the appellants-plaintiffs filed the suit seeking declaration of title to the suit properties as owners in possession and also for permanent injunction to restrain the defendants, their agents and servants from enterin...
Tag this Judgment!Tan veer Ahmed @ Tanveer and Others Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-26-2014
(Prayer: This Criminal Appeal filed under Section 374(2) of the code of Criminal Procedure, 1973, by the advocate for the appellant against the judgment dated 27.9,2007 passed by the Additional Sessions Judge, Fast Track Court-IX, Bangalore in S.C.No.933/2005 - convicting the appellant/accused no.1 for the offence punishable under Section 307, 332 of the I.P.C. and under Section 3 punishable with Section 25 of the Arms Act and etc; This Criminal Appeal filed under Section 374(2) of the code of Criminal Procedure, 1973, by the advocate for the appellant against the judgment dated 22.7.2008 in S.C.No.204/2007, passed by theJJC, Presiding Officer, City Fast Track (Sessions) Judge, Bangalore City (FTC-VI) - convicting the appellant/accused for the offences punishable under Section 307 and 332 read with Section 34 of IPC and etc; This Criminal Appeal filed under Section 374(2) of the code of Criminal Procedure, 1973, by the advocate for the appellant praying to set aside the judgment and or...
Tag this Judgment!Devi Devaraj Vs. Chikkamuniyappa
Court: Karnataka
Decided on: Sep-26-2014
(Prayer: This R.S.A. is filed under Section 100 of CPC against the Judgment and Decree dated 17.09.2007 passed in R.A.No.206/1998 on the file of the sessions Judge, and Presiding Officer, Fast Track Court-II, Bangalore Rural District, Bangalore, allowing the appeal and setting aside the Judgment and Decree dated 27.10.1998 passed in O.S.No.300/92 on the file of the Addl. Civil Judge (Jr. Dn.) Bangalore.) 1. This regular second appeal is preferred by the appellant-defendant against the respondent-plaintiff being aggrieved by the judgment and decree dated 17.9.2007 passed by the Fast Track Court No.II, Bangalore Rural District, Bangalore in R.A.No.206/1998 in setting aside the judgment and decree dated 27.10.1998 on the file of the Addl. Civil Judge (Jr.Dn.), Bangalore Rural District, Bangalore in O.S.No.300/1992. 2. The facts leading to the present appeal are that respondent-plaintiff filed the suit in O.S.No.300/1992 seeking the relief of permanent injunction to restrain the defendant ...
Tag this Judgment!Nafeeza and Another Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-26-2014
(Prayer: This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioners on bail in Cr. No.1072/2014 of Madivala P.S., Bangalore City, for the offences P/U/S 341, 342, 323, 324, 326, 370, 374 read with Section 34 of IPC and Section 23 of Juvenile Justice Act and Section 14 of Child Labour Prohibition Regulation Act.) 1. This petition is filed by petitioners-accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking their release on bail of the alleged offences punishable under Sections 341, 342, 323, 324, 326, 370, 374 r/w Section 34 of IPC and also under Section 23 of the Juvenile Justice Act and Section 14 of the Child Labour (Prohibition and Regulation) Act, 1986 registered in respondent-police station Crime No.1072/2014. 2. Heard the arguments of the learned counsel for the petitioners-accused Nos.1 and 2 and also the learned Government Pleader appearing for the respondent-State. 3. Learned senior counsel for the petitioners during the course of hi...
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