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Karnataka Court January 2015 Judgments

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Jan 13 2015

Muttamma and Others Vs. State of Karnataka, Through its Principal Secr ...

Court: Karnataka Kalaburagi

Decided on: Jan-13-2015

(Prayer: This Writ Petition is filed under Article 226 and 227 of the Constitution of India praying to issue writ of certiorari, direction quashing the order passed by the third respondent in File NO.REV/PTCL/CR/02-2008-09 dated 3rd November 2011 vide Annexure-A; and etc.) 1. The order dated 3rd November 2011 passed in No. REV/PTCL/CR-02/2008-09 by the Assistant Commissioner and Sub-Divisional Magistrate, Basava Kalyan, under the provisions of Prevention of Transfer of Certain Lands Act, 1978 (hereinafter referred to as 'the Act' for short) is challenged in this petition by the petitioners and the prayer is for setting aside the same. 2. The facts of the case are that the land in question was granted in the year 1990 with a condition that the same shall not be alienated for a period of fifteen years and contrary to the said condition, the petitioners allege that they have purchased it on 13th February 1998. After purchasing the land, there is an improvement made in the land and also go...


Jan 13 2015

Jumma Masjid Akkarangadi, Jamath Committee, Bantwala Vs. The Karnataka ...

Court: Karnataka

Decided on: Jan-13-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dtd. 26.11.2014 passed by the R1 as per Annex-A and etc.) 1. Though this matter is listed for orders, by consent of the learned counsel appearing for the parties, it is taken up for hearing, heard and disposed of by this order. 2. In this case, the petitioner has called in question the validity of the order passed by the Karnataka Board of Wakfs at Annexure A' dated 26.11.2014 constituting an ad-hoc committee for managing the day today affairs of the Wakf institution namely, Jumma Masjid, Akkarangadi Panemangalore, Bantwala Taluk, D.K. District 574231. 3. I have heard the learned Counsel for the parties. 4. The contention of the learned counsel for the petitioner is that a committee has already been constituted in terms of the resolution at Annexure-B dated 25.10.2013 for a period of three years. The term of the said committee is up-to the year 2016. Therefore, the ...


Jan 13 2015

M/s. Lucky Artificial Sand Industries, Ranebennur Vs. The State of Kar ...

Court: Karnataka

Decided on: Jan-13-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-3 to give effect to the memorandum dt. 26.8.2013 vide Annx-H issued by R-2 and Etc.,) Ram Mohan Reddy, J. 1. Petitioner claiming to be a trader carrying on business in the name and style of M/s Lucky Artificial Sand Industries, aggrieved by non implementation of the directions contained in the memorandum, dated 26.08.2013, Annexure-H of the Director, Department of Mines and Geology to fix the price and royalty in terms of schedule III to the Karnataka Minor Mineral Concession Rules, 1994, ('the Rules' for short) has presented this petition for a writ of mandamus and for appropriate directions to the 3rd respondent/Senior Geologist, Department of Mines and Geology, Haveri to hold an auction of pebble stones available on the banks of River Tungabhadra, at Kotihal, Ranebennur Taluk. 2. Petition is opposed by filing statement of objections of the respondent/State inter alia ...


Jan 13 2015

Basaveshwar S/O Ramachandra Mane, Vs. The State of Karnataka, Represen ...

Court: Karnataka Dharwad

Decided on: Jan-13-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE13t h DAY OF JANUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.100480 OF2015[LA-RES]. BETWEEN: BASAVESHWAR S/O RAMACHANDRA MANE, AGE:53. YEARS, OCC: AGRICULTURIST, R/O. EXAMBA, TQ: CHIKKODI, DIST: BELGAUM, PIN CODE:59124. (BY SRI.SANJAY S KATAGERI, ADV.,) AND ... PETITIONER1 THE STATE OF KARNATAKA, REPRESENTED BY IT S UNDER SECRETARY, DEPARTMENT OF REVENUE, (LAND ACQUISITION1&3) VIDHANA SOUDHA, BANGALORE PIN CODE:56000. 2. THE DEPUTY COMMISSIONER, BELGAUM BELGAUM DISTRICT, BELGAUM PIN CODE:59000. 3. THE LAND ACQUISITION OFFFICER/ THE ASST.COMMISSIONER, CHIKKODI SUB-DIVISION, CHIKKODI, TQ: CHIKKODI, DIST: BELGAUM PIN CODE:59120. 4. BHEERAPPA S/O MAYAPPA DONE AGE:38. YEARS, OCC: AGRICULTURIST, :2. : R/O. WALAKI, TQ: CHIKKODI, DIST: BELGAUM5 BALU S/O RAMA DONE AGE:40. YEARS, OCC: AGRICULTURIST, R/O. WALAKI, TQ: CHIKKODI, DIST: BELGAUM ... RESPONDENTS (BY SMT. K.VIDYAVATI, AGA FOR RESPONDENTS1to3...


Jan 12 2015

K.B. Shankare Gowda Vs. Sushma and Another

Court: Karnataka

Decided on: Jan-12-2015

(Prayer: RPFC Filed U/S 19(4) Of Family Courts Act, Against The Order Dated 31.10.2012 Passed In C.Misc.N0.251/2011 On The File Of Principal Judge, Family Court, Bangalore, Allowing The Petition Filed U/S 125 Of Cr.P.C.) 1. The order dated 31.10.2012 passed by the Principal Judge, Family Court, Bangalore, is called in question in this petition by Shankaregowda-sole respondent. He is the legally wedded husband of the 1st respondent herein and father of 2nd respondent. 2. The learned judge of the Family Court, on an application filed by the respondents herein under Section 125, Cr.P.C., has granted Rs.4,000/- as maintenance to be paid to the 2nd respondent from the date of petition till her marriage, vide order dated 31.10.2012. It is this order which is called in question in this petition on various grounds as set out in the revision petition. 3. Learned counsel, Sri A.V.Gangadharappa has vehemently argued that on a plain reading of Section 125, Cr.P.C., it is evident that even an unmar...


Jan 12 2015

Bangalore Newspapers Employees’ Union, rep. by its General Secret ...

Court: Karnataka

Decided on: Jan-12-2015

K.L. Manjunath, J. 1. Though the matter is listed for Preliminary Hearing, by consent of the parties, the Appeals are heard on merits and taken up together for final hearing. 2. Heard Sri K. Kasturi, learned Senior Counsel appearing for the Appellant and Sri Pradeep Sawkar, learned Counsel appearing for the First Respondent. 3. The facts leading to the filing of these Appeals are as under: The Appellant-Union is representing the Employees of the First Respondent, who are working as Scanner Operators. Based on the Wage Board Report, under the provisions of the Working journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, hereinafter referred to as the Act for brevity), the Union of India issued a Notification under Section 12(1) of the aforesaid Act with certain modification. 4. The State of Karnataka based on the dispute raised by the Appellant-Union referred the matter to the Industrial Tribunal vide Annexure E to the Writ Petition d...


Jan 12 2015

Sandesh Vs. State Of Karnataka

Court: Karnataka

Decided on: Jan-12-2015

(Prayer: This Crl.P Is Filed Under Section 482 Cr.P.C., Praying To Quash The Order Dated 29.12.2014 Passed In Sc.No.46/2012, On The File Of The Fast Track Court-Ii At Chintamani and Etc.) 1. The petitioner is accused No.1 before the court below. 2. The learned counsel for accused had remained absent during examination of material witnesses for the prosecution (PW1-Prema, PW2-Suresha, PW3-Venkatesha, PW4-Santosh, PW5-Gangamma, PW6-Kadiramma, PW7-Narasimha, PW8-Prakash, PW9-Shiva, PW16-B.Puttabasavaiah, PW17- S.T.Siddalingappa and PW18-Krishnappa. The aforestated witnesses were examined-in-chief on 06.05.2014, 07.05.2014, 01.07.2014, 26.08.2014 and 18.11.2014. 3. On 18.12.2014, accused made an application under section 311 Cr.P.C., to recall the aforestated witnesses, which has been rejected by the learned trial Judge, in terms of the impugned order reading as hereunder:- "All the accused present. Objections filed. Heard both the sides. The accused persons have filed applications to re-c...


Jan 12 2015

Timanna Vs. The Deputy Registrar Of Co-Operative Society and Others

Court: Karnataka Dharwad

Decided on: Jan-12-2015

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India Praying To Quash The Impugned Order Dated:03/10/2012, Passed By The 1st Respondent Vide Annexure-A And Order Dated: 17/03/2012 Issued By The 2nd Respondent Vide Annexure-B. And To Direct The Respondents No.1 To 5 To Permit The Petitioner To Take Part In The Election Process Including Contesting The Election Shcedule To Be Held On 01/09/2013, Vide Annexure-C.) 1. This writ petition was preferred against the orders passed by respondent Nos.1 and 2, on 03.10.2012 and 17.03.2012 vide Annexures-A and B respectively and for grant of consequential reliefs. 2. The question for consideration is, whether respondent No.1 was justified in dismissing the appeal filed against the order passed by respondent No.2, disqualifying the petitioner's membership of the 5th respondent-Society, in exercise of the power under Section 29-C(8)(b) of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act'). 3. ...


Jan 12 2015

Nanjamma and Others Vs. The State Of Karnataka Rep By The Secretary an ...

Court: Karnataka

Decided on: Jan-12-2015

(Prayer: This W.P. Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Direction As Against The Respondents By Quashing Annex-B, Final Notification Dtd.9.5.1979 In Respect Of The Acquisition Of Land Measuring 1 Acre 10 Guntas Situated Konasandra Village, Jigani Hobli, Anekal Taluk, Bangalore District, Proposed For Distribution Of Free Sites To The Houseless Persons.) 1. Petitioners have assailed Final Notification dated 9/5/1979 (Annexure-B) issued in respect of land bearing Sy.No.35, measuring 1 acre 10 guntas at Konasandra Village,. Jigani Hobli, Anekal Taluk, Bengaluru District. 2. It is the case of petitioners that, petitioner No.1 Smt.Nanjamma is the owner in respect of Sy.No.35, measuring 4 acres 16 guntas, which was gifted to her by her father Sri.Muninanjappa @ Annaiappa, on 14/11/1959. Petitioner Nos.2 and 6 are the daughters of petitioner No.1 and petitioner Nos. 3 to 5 are her sons. It is stated that they are in joint possession and enjoyment and enjo...


Jan 12 2015

H.V. Susheela and Others Vs. The State of Karnataka, Represented by it ...

Court: Karnataka

Decided on: Jan-12-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order vide Annexure-A dated 29.9.2011 on the file of the Special Deputy Commissioner, Bangalore Urban, Bangalore (2nd respondent) in furtherance of notice/letter issued by the Special Deputy Commissioner, Bangalore Urban, Bangalore (2nd respondent) vide Annexure-U, etc.) 1. The petitioners have called into question the second respondent Special Deputy Commissioner's order, dated 29.09.2011 (Annexure-A) directing the deletion of the name of B.P.Baaavaraju from the revenue records in respect of the land measuring 1 acre 30 guntas at Sy.No.25 of Bayyanahalli Village, Jala Hobli, Bangalore North (Additional) Taluk. 2. Smt.Revathi, learned counsel for the petitioners submits that the impugned order is passed against a dead person. Sri B.P.Basavaraju died on 31.12.2005, whereas the impugned order is passed six years thereafter. She submits that the petitioners are the legal ...


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