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Karnataka Court October 2015 Judgments

Oct 30 2015

Christy Fried Gram Industry and Others Vs. State of Karnataka, Departm ...

Court: Karnataka

Decided on: Oct-30-2015

(Prayers: This writ petition is filed under Article 226 of Constitution of India praying to quash the complaint dt.9.2.12, as per Ann-A and FIR dt.8.3.12 as per Ann-B in respect of the petitioners, the initiation of proceedings by the R2 vide the first information report Crime No.20/12, pending before [the lokayukta police bangalore] the Hon'ble 23RD Addl. City Civil and Sessions Judge, Bangalore City at Bangalore and designated special under Chapter II of the prevention of Corruption Act 1988 and all further proceedings and etc.,. This Crl.P. is filed U/s.482 Cr.P.C praying to quash the first information report bearing Crime No.20/2012 dated:8.3.12 registered by the respondent - police on the file of the Spl. JUDGE, XXIII Addl. Dist., and S.J., Bangalore City, (Annexure-A), in so far as the petr. is concerned. This Crl.P. is filed U/s.482 Cr.P.C praying to quash the first information report bearing Crime No.20/2012 dated:26.3.12 registered by the respondent - police on the file of the...

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Oct 29 2015

Chandranath Vs. Basavva and Others

Court: Karnataka Dharwad

Decided on: Oct-29-2015

(Prayer: HRRP filed under Sec. 115 of CPC, against the order dtd: 29-11-2008 in Rent Revision. No. 24/2005 passed on the file of the I-Additional District and Sessions Judge, Dharwad, sitting at Hubli, allowing the revision petition filed against the order and decree dtd: 28-02-2005 in R.C.A. No. 31/2002 on the file of the II-Addl. Civil Judge (Jr. Dn) and IIIrd J.M.F.C., Hubli, dismissing the petition filed U/Sec. 36(3) of Karnataka Rent Act 1999.) 1. Aggrieved by the order dated 29/11/2008 passed by the Additional District and Sessions Judge, Dharwad, sitting at Hubli, whereby the learned Judge has allowed the rent revision petition filed by Smt. Basavva Shellikeri, and others (the respondents before this Court) and has directed the petitioner-landlord to handover the possession of the schedule property to the respondent-tenants, the petitioner has approached this Court. 2. Briefly, the facts of the case are that the respondent Smt. Basavva Shellikeri and her family members were the ...

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Oct 29 2015

Khaja Education Society, Gulbarga Vs. Abdul Baqi and Others

Court: Karnataka Kalaburagi

Decided on: Oct-29-2015

(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 impugned order dated 17.05.2010 passed by the 2ND Respondent in file Bearing No:UKAGU:PGA:Appeal:Cr-02/10/11 dated 17.05.2010 at Annexure-D to the writ petition.) 1. The petitioner is before this Court assailing the order dated 17.05.2010 impugned at Annexure-D to the petition. 2. The first respondent claiming that the petitioner had not paid him the gratuity amount, had approached the Controlling Authority under the provisions of the Payment of Gratuity Act. The Controlling Authority by the order dated 13.01.2006 had rejected the claim of the first respondent herein. The first respondent claiming to be aggrieved by the same was before the Appellate Authority in the appeal bearing No.CR-02/10/11. The Appellate Authority by the order dated 17.05.2015 has directed that the petitioner pay to the first respondent a sum of Rs.1,10,100/- with intere...

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Oct 29 2015

Shri Chandranath S/O Padmaraj Padesoor Vs. Smt Basavva W/O Basappa She ...

Court: Karnataka Dharwad

Decided on: Oct-29-2015

- 1 - R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE29H DAY OF OCTOBER, 2015 BEFORE THE HON'BLE MR. JUSTICE RAGHAVENDRA S. CHAUHAN HRRP No.505/2009 BETWEEN: SHRI CHANDRANATH S/O PADMARAJ PADESOOR, AGE:65. YESRS, OCC:PENSIONER, R/O MAHAVEER GALLI, HUBLI, NOW R/AT BANGALORE. ... PETITIONER (BY SRI.V.M. SHEELVANT AND SRI.D.T.HEBBAR, ADVOCATES) AND1 SMT. BASAVVA W/O BASAPPA SHELLIKERI OCC: H/W R/O GURUSIDDESHWAR NAGAR, NEAR MOORUSAVIRMATH, HUBLI. SINCE DECEASED BY HIS LRS.2. SHRI IRAPPA S/O BASAPPA SHELLIKERI, AGE; 55 YEARS, OCC TAILORING R/O GURUSIDDESHWAR NAGAR, NEAR MOORUSAVIRMATH, HUBLI.-. 2 - 3. KUM GOURAVA D/O BASAPPA SHELLIKERI, AGE:37. YESRS, OCC H/W, R/O GURUSIDDESHWAR NAGAR, NEAR MOORUSAVIRMATH, HUBLI.4. SMT. SHANTAVVA W/O GURAPPA SHELLIKERI, OCC: H/W, R/O GURUSIDDESHWAR NAGAR, NEAR MOORUSAVIRMATH, HUBLI. ... RESPONDENTS (BY SRI.S.K.KAYAKMATH, ADV. FOR R2, R3 IS SERVED NOTICE TO R4 IS HELD TO BE NOT NECESSARY) HRRP FILED UNDER SEC.115 OF CPC, AGAINST THE ORDER DTD:...

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Oct 28 2015

K.A.S. Shankarappa Vs. State of Karnataka through Lokayuktha Police, r ...

Court: Karnataka

Decided on: Oct-28-2015

(Prayer: This Criminal Revision Petition is filed under Section 397 r/w 401 Cr.P.C. praying that this Hon'ble Court may be pleased to set aside the order dated 25.07.2015 passed by the District and S.J., Chamarajanagar in Spl. Case No. 38/2010.) 1. Heard the senior counsel Sri Ravi B. Naik and Sri Venkatesh P Dalwai, representing Lokayukta. 2. The short question that arises before this Court in this criminal revision petition filed under Section 397 of Cr.P.C. is as follows: Whether a public servant can be prosecuted for offences under the Prevention of Corruption Act, 1988, after attaining the age of superannuation or voluntary retirement in the light of the rejection of the plea for according sanction by the Government while he was in service? ? 3. Revision petitioner was a public servant and was working as Assistant Commissioner in the Revenue Department, Government of Karnataka. A trap was laid when he was allegedly taking bribe and the trap was not very much successful in the sens...

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Oct 28 2015

Dr. A. Parthasarathy and Others Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Oct-28-2015

(Prayer: Writ Appeals are filed under S.4 of the Karnataka High Court Act, 1961 praying to set aside the order dated 4.11.2011 in WP 35517-21/2009 passed by the learned Single Judge.) 1. In these two set of appeals “ one filed by the land owners, being WAs 5752-56/2012 and the other set being WAs 6828-32/2012 filed by the Bangalore Development Authority (for short BDA), the challenge is to the judgment of the learned Single Judge dated 4.11.2011 passed in WPs 35517/21-2009. The writ appeals filed by land owners are being treated as the leading appeals. The brief facts of the case are “ The appellants are the owners of property being Sy.No.4 of Boopasandra Village, Kasaba Hobli, Bangalore North Taluk. The question in the present appeals relates to acquisition of 2 acres 32 guntas of land of the said survey number. By a preliminary notification issued on 19.1.1978 under Section 17(5) of the Bangalore Development Authority Act, 1976 (for short BDA Act), 131 acres 33 guntas of ...

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Oct 28 2015

Magadi Shankar Rao Krishna Murthy and Others Vs. The Commissioner of P ...

Court: Karnataka

Decided on: Oct-28-2015

(Prayer: This criminal petition is filed under Section 482 of Cr.P.C., praying to quash the complaint registered in PCR No.398/2014 filed before the Hon'ble Chief Judicial Magistrate, Bangalore Rural District, Bangalore vide Annexure-A and B and etc.) 1. A nice question of law has arisen for consideration in this petition "Whether a police officer exercising his power under Section 36 of Cr.P.C. while taking out the investigation of a case from an officer in charge of police station, can transfer the investigation to another police officer inferior to him?" 2. The fact is: The forth respondent herein filed a private complaint before the jurisdictional Magistrate under Section 200 r/w. Section 190 of Cr.P.C. in respect of the offences punishable under Sections 403, 406, 409, 420, 464, 468, 471, 477A, 385 and 120B of IPC and the learned Magistrate acting under Section 156(3) of Criminal Procedure Code (hereinafter referred to as 'the Code') referred the matter for investigation, vide ord...

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Oct 28 2015

Dr a Parthasarathy Vs. State of Karnataka

Court: Karnataka

Decided on: Oct-28-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 28th day of October, 2015 Present THE HONBLE MR JUSTICE VINEET SARAN & THE HONBLE MRS JUSTICE S SUJATHA Writ Appeals 5752-56 c/w 6828-32 / 2012 (LA BDA) In WA575256/2012 Between Dr A Parthasarathy, 77 yrs S/o Sri Ramachari Smt Vijaya Sarathy, 66 yrs W/o Dr A Parthasarathy Sri A P Prajwal Deep, 48 yrs S/o Dr A Parthasarathy 1 2 3 4 5 (By Sri Ashok Haranahalli, Sr. counsel a/w R Subramanya, Adv for 1st appellant) 2-5 are represented by their GPA Holder Dr A Parthasarathy All are r/a # 48, 13th Cross Road 8th Main Road, Sarathi Apartment Malleshwaram, Bangalore 3 Sri A P Ujwal Deep, 45 yrs S/o Dr A Parthasarathy Smt Keerthi, 42 yrs D/o Dr A Parthasarathy Appellants 2 State of Karnataka by its Prl. Secretary Urban Development Department Vikas Soudha, Dr Ambedkar Veedhi Bangalore 1 Bangalore Development Authority T Chowdaiah Road, K P West Bangalore 20 By its Commissioner Addl. Land Acquisition Officer Bangalore Development Autho...

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Oct 28 2015

Shankarappa Vs. State of Karnataka

Court: Karnataka

Decided on: Oct-28-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28h DAY OF OCTOBER, 2015 BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA CRIMINAL REVISION PETITION No.832/2015 BETWEEN: Shankarappa K A S S/o Late Madegowda Aged about 64 years Retired Assistant Commissioner Kollegala Sub Division Kollegala Resident of No.716, Kuvempu Nagar Mysuru 570 023. ...Petitioner (By Sri. Ravi B. Naik, Senior Counsel for Smt. Vijetha R. Naik, Advocate) AND: State of Karnataka Through Lokayuktha Police Rep. by Standing Counsel for Lokayukta Cases M.S.Building, Bengaluru 560 001. (By Sri. Venkatesh P. Dalwai, Advocate) ******* ... Respondent 2 This Criminal Revision Petition is filed under Section 397 r/w 401 Cr.P.C. praying that this Honble Court may be pleased to set aside the order dated 25.07.2015 passed by the District and S.J., Chamarajanagar in Spl. Case No.38/2010. This Crl.R.P. coming on for admission this day, the Court made the following:- Heard the senior counsel Sri Ravi B.Naik and Sri ...

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Oct 28 2015

Mr. Magadi Shankar Rao Krishna Murthy Vs. The Commissioner of Police

Court: Karnataka

Decided on: Oct-28-2015

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF OCTOBER2015BEFORE THE HONBLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.3338/2015 BETWEEN:1. MR.MAGADI SHANKAR RAO KRISHNA MURTHY S/O MR. M.G.SHANKAR RAO AGED ABOUT50YEARS PARTNER, M/S. LICRA GREEN TECHNOLOGIES RESIDING AT NO.975, 13TH CROSS, BANASHANKARI II STAGE, BANGALORE 560 070.2. 3.4. MR. C.R. UMANATH S/O LATE MR. A.RAJAGOPAL AGED ABOUT51YEARS PARTNER, M/S LICRA GREEN TECHNOLOGIES RESIDING AT SF-1, CASTLE RESIDENCY #55/12, 12TH CROSS, BASAPPA LAYOUT GAVIPURAM EXTENSION BANGALORE 560 019 MR.H.S.GANGADHARA S/O MR.H.T.SHIVANNA AGED ABOUT49YEARS PARTNER, M/S. LICRA GREEN TECHNOLOGIES RESIDING AT #33, SUHAS DOCTORS LAYOUT, WHITEFIELD BANGALORE 560 056 MRS.VEENA KRISHNA MURTHY - 2 - W/O MR. M.S.KRISHNA MURTHY AGED ABOUT44YEARS PARTNER, M/S. LICRA GREEN TECHNOLOGIES RESIDING AT NO.975, 13TH CROSS, BANASHANKARI II STAGE, BANGALORE 560 070 PETITIONERS (BY SRI ARVIND KAMATH K., ADV.) AND:1. THE COMMISSIONER OF...

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