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Karnataka Court September 2014 Judgments

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Sep 04 2014

Mallesha and Others Vs. State Of Karnataka

Court: Karnataka

Decided on: Sep-04-2014

(Prayer: This Crl.P Filed U/S. 439 Cr.P.C By Praying To Enlarge The Petr. On Bail In Crime No.183/14 Of C.C.B. Police Station, Bangalore City, For The Offences P/U/S 506, 120(B), 384, 389 R/W Sec.34 Of Ipc.) 1. Since these two petitions are in respect of same crime number, they have been taken up together to dispose of them by common order. 2. Crl.P.4227/2014 is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 384, 389, 120B, 506 read with Section 34 of IPC registered in respondent - police station Crime No.183/2014. 3. Crl.P.4466/2014 is filed by the petitioners/accused Nos.4 and 5 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent police to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 384, 389, 120B, 506 read with Section 34 of IPC registered in respondent - police station Crime No.183/2014. 4. Heard the argume...


Sep 04 2014

K.L. Ananda Rao Vs. H.P. Sharada

Court: Karnataka

Decided on: Sep-04-2014

(Prayer: This R.S.A. is filed under Section 100 of CPC against the Judgment and Decree dated 15.3.2006 passed in R.A. No 254/2003 on the file of the II Addl. Civil Judge (Sr. Dn.) and CJM, Mysore, Partly allowing and partly dismissing the appeal and partly setting aside and partly confirming the Judgment and Decree dated 21.7.2003 passed in O.S.No.34/98 on the file of the II Civil Judge (Jr. Dn.) and J MFC, Mysore. ) 1. This appeal is preferred by the appellant-plaintiff being aggrieved by the judgment and decree dated 21.7.2003 in O.S. No.34/1998 passed by the II Civil Judge (Jr. Dn.) and JMFC, Mysore and the judgment and decree dated 15.3.2006 passed in R.A. No.254/2003 by the II Additional Civil Judge (Sr. Dn.) and CJM Mysore. 2. The appellant herein filed the aforesaid suit before the trial Court seeking relief of declaration that he has perfected his title to the plaint schedule property as an absolute owner by establishing long usage and possession and by adverse possession and a...


Sep 04 2014

T Ramesh Vs. The Commissioner

Court: Karnataka

Decided on: Sep-04-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE4H DAY OF SEPTEMBER, 2014 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.5264/2014 (GM-PDS) C/W WRIT PETITION NO.7073/2014 (GM-EC) IN W.P.NO.5264/2014 BETWEEN: T. RAMESH S/O THIMMAPPA, AGED ABOUT31YEARS, R/O HOSAKOTE, MOLAKALMUR TALUK, CHITRADURGA DISTRICT. ... PETITIONER (BY SRI S.C. VIJAYA KUMAR, ADV.) AND:1. THE COMMISSIONER FOOD AND CIVIL SUPPLIES DEPARTMENT, CUNNINGHAM ROAD, BANGALORE 560 001.2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA 577 501.3. 4.5. 2 THE THASILDAR MOLAKALMUR TALUK, MOLAKALMUR CHITRADURGA DISTRICT 577 528. THE HEAD QUARTER ASSISTANT (HQA) OFFICE OF THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BANGALORE 560 001. M.T. RANGAPPA S/O MECHEERI THIPPANNA, AGED ABOUT39YEARS, R/O HOSAKOTE MOLAKALMUR TALUK CHITRADURGA DISTRICT 577 528. ... RESPONDENTS (BY SRI H.B. MAHESH, HCGP FOR R1 to R4; SRI H.C. SHIVARAMU, ADV. FOR R5) W.P.NO.5264/2014 IS FIL...


Sep 04 2014

Sri Ramesh C Shetty S/O Late Chandu Shetty Vs. State of Karnataka

Court: Karnataka

Decided on: Sep-04-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE4H DAY OF SEPTEMBER, 2014 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.Nos.37570-71/2011 (GM-KSR) BETWEEN1 SRI RAMESH C SHETTY S/O LATE CHANDU SHETTY AGED ABOUT50YEARS TRANQUIL ROAD, ARYA SAMAJA ROAD, MANGALORE-3, D.K.2. SRI KARUNAKARA SHETTY S/O LATE M SEENAPPA SHETTY AGED ABPIT58YEARS MULLADA HOUSE, POST YELLARA, KARKALA TALUK, UDUPI DISTRICT. (By Sri.JAYAKUMAR S.PATIL, SR.COUNSEL FOR Sri S VISHWAJITH SHETTY, ADV.) AND1 STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING BANGALORE.2. THE REGISTRAR OF SOCIETIES/ DEPUTY REGISTRAR OF CO-OP SOCIETIES MANGALORE, D.K.DISTRICT.3. P R PALLANGAPPA, THE REGISTRAR OF SOCIETIES/DEPUTY REGISTRAR OF CO-OP SOCIETIES, MANGALORE, D.K. ... PETITIONERS24. BANTARA YANE NADAVARA MATHRU SANGHA,(R) D.K., MANGALORE A REGISTERED SOCIETY HAVING ITS OFFICE AT SRI RAMAKRISHNA VIDYARTHI BHAVAN, BUNTS HOSTEL, MANGALOR REP. BY ITS PRESIDENT. ... RESPONDENTS (By Sri.D.ASWATHAP...


Sep 04 2014

Ashith Karthik Rao Vs. The State of Karnataka

Court: Karnataka

Decided on: Sep-04-2014

R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE4H DAY OF SEPTEMBER, 2014 PRESENT THE HONBLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI W.P.NO.29061 OF2014(EDN-AD) (PIL) Ashith Karthik Rao, Minor, Represented by next friend father Shobith Balaji Rao, #14, 5th Cross, N.S.Palya, BTM Layout, Bangalore 76. BETWEEN:1. 2. 3. Crachika.R, Minor, Represented by next friend father Rajesh Kumar Sen, #220, 1st Main, 1st Cross, Garvebhavipalya, Mangampalya Street, Bangalore South, Bangalore 68. Abhay Smaran Gonvar Minor, Represented by next friend father Basavaraj Gonvar, #51, 20th Main, 6th A Cross, BTM1t Stage, Madivala, Bangalore 76.4. 5.6. 7.8. 2 Jayanth M.D. Minor, Represented by next friend father Murlidar.N #18, Ragi Mission Road, Patel Layout, Begur, Bangalore North 68. Boomika D, Minor, Represented by next friend father Dharmendra Sen #220, 1st Cross, 1st Main, Abbaiah Reddy Layout, G.B.Palya, Bommanahalli, Bangalore South 68. Ravi Kumar ...


Sep 03 2014

R. Vamsidhar Vs. The Deputy Commissioner and Others

Court: Karnataka

Decided on: Sep-03-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Quash The Order Dated 25.10.12 As Per The Annx-B Passed By The R1- Deputy Commissioner Recalling The Order Passed On Merits On 27.9.12 Vide Annx-D And The Review Proceedings Initiated By The R1-Deputy Commissioner, U/S 59 And 25 Of The Karnataka Land Revenue Act.) 1. In this writ petition, petitioner has sought for quashing the proceedings initiated by the 1st respondent - Deputy Commissioner on the petition filed by respondents 3(a) to 3(c) herein seeking review of the order passed by him on 27.09.2012 in appeal No.SC/ST/A/120/11-12. 2. Petitioner claims to be the purchaser of 25 guntas of land out of survey No.147 which totally measured 2 acres 8 guntas under a registered sale deed dated 20.07.2007 from one Sri Ramanjaneya. Without impleading the petitioner, legal representatives of the original grantee namely respondents 3(a) to 3(c) herein sought for resumption and restoration o...


Sep 03 2014

Raghu @ Raaghu Vs. State of Karnataka, By Vidyaranyapuram Police Stati ...

Court: Karnataka

Decided on: Sep-03-2014

(Prayer: This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr. No.100/2013 of Vidyaranyapuram P.S., Mysore, for the offences P/U/S 392, 397, 398, 302 and 450 read with Section 34 of IPC.) 1. This petition is filed by petitioner-accused No.2 under Section 439 of Cr.P.C. seeking his release on bail of the alleged offence punishable under Section 302 of IPC registered in respondent-police station Crime No.100/2013. However, subsequently, after completion of investigation, charge sheet was filed for the alleged offences under Sections 392, 397, 398, 302, 450 r/w Section 34 of IPC. 2. Heard the arguments of the learned counsel for the petitioner-accused No.2 and also the learned Government Pleader appearing for the respondent-State. 3. Learned counsel for the petitioner during the course of his arguments has submitted that there are no eyewitnesses to the alleged incident. The case of the prosecution rests on circumstantial evidenc...


Sep 03 2014

Chaya Vs. The State Of Karnataka, By Its Secretary and Others

Court: Karnataka

Decided on: Sep-03-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India With A Prayer To Call For The Records And Proceeds Of The Case and Direct The Respondent No.3 To Consider The Petitioner's Representation Dated 23.7.2012 Vide Annexure-P And Pay The Compensation At Prevailing Market Rate Of Rs.70.00 Lakhs Per Acre Along With Interest.) 1. The petitioner is before this Court seeking for issue of mandamus to direct respondent No. 3 to consider the representation of the petitioner dated 23.07.2013 at Annexure-P to the petition and pay the compensation at the prevailing market rate. 2. The respondents have acquired certain lands which includes the property bearing survey No. 154 measuring 4 acres, survey No. 157 measuring 4 acres and survey No. 158 measuring 4 acres situate at Arishiankunte village, Devanahalli taluk, Bangalore Rural district. The petitioner claims to be the owner of the said property. Since no award had been passed in favour of the petitioner rela...


Sep 03 2014

Hanumappa Vs. Yallakka and Others

Court: Karnataka

Decided on: Sep-03-2014

(Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to set aside the impugned order dated 13.1.2014 passed in R.A.No.11/2010 by the Senior Civil Judge at Hiriyur on I.A.No.2 filed by the Respondent Nos. 1 to 3 under Order 26 Rule 10-A read with Section 112 of Evidence Act, vide Annexure-H.) 1. The facts leading up to this petition are stated to be as follows: Respondents 1 to 3 herein had filed a civil suit for partition and separate possession of the suit properties, as against the petitioner, who was arraigned as defendant no. 1 in the said suit, and others. Respondent no.1, who was Plaintiff no.1, claimed that the petitioner was her husband, who had deserted her and the other plaintiffs were her daughters, born to him. The said suit in O.S. 105/2006, before the Court of the Additional Civil Judge, Hiriyur, was contested and it was denied that there was any relationship between the plaintiffs and the first defendant, the petitioner herein...


Sep 03 2014

P.K. George Kutty Vs. The Chief Secretary to Government of Karnataka, ...

Court: Karnataka

Decided on: Sep-03-2014

(Prayer: Writ Appeal Filed U/S 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In The Writ Petition No.27314- 27340/2011 (LA-KIADB) Dated 16/04/2012.) 1. The legality and correctness of the order passed in W.P.Nos.27314-340/2011 dated 16.4.2012 is called in question in this appeal. In all 22 persons had filed writ petitions jointly, Out of 22 persons, the appellant is petitioner No.20 in the aforesaid writ petitions. 2. According to the appellant, under the notification, dated 1.2.2003 issued under Section 28(1) and notification dated 15.3.2004 issued under Section 28(4) of Karnataka Industrial Areas Development Act, 1966 (for short "KIAD Act"), the land of the petitioner was acquired and consent award was passed on 30.11.2005 settling the compensation at the rate of Rs.4,00,000/- per acre. Other than the writ petitioners-the landowners who were not parties to the consent award and aggrieved by the general award passed by the Land Acquisition Officer, had sought...


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