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Karnataka Court June 2015 Judgments

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Jun 15 2015

Sri. Abed Hussain Vs. Smt Thaherabanu

Court: Karnataka

Decided on: Jun-15-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF JUNE2015BEFORE THE HONBLE MR.JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NOs. 47014-47015 OF2014(GM-CPC) BETWEEN :1. SREE ABED HUSSAIN S/O ABDUL AZJEEJ AGED70YEARS2 SMT. BEEBIJAHAN W/O SRI. ABED HUSSAIN AGED63YEARS BOTH PETITIONER NO.1 AND2ARE RESIDING AT MUBARAK MOHALLA MOLAKALMURU CHITRADURGA 577 501 (BOTH PETITIONERS NOT CLAIMING THE SENIOR CITIZENS BENEFIT) ... PETITIONERS (BY SRI. MADHUKAR NADIG, ADV.,) AND:1. SMT. THAHERABANU W/O LATE M.A.MUSTAFA AGED41YEARS R/O MUBARAK MOHALLA2MOLAKALMURU TOWN CHITRADURGA DISTRICT 577 501 2. TALUK BLOCK EDUCATION OFFICER (BEO) BEO OFFICE, MOLAKALMURU TALUK 577 501 3. ACCOUNTANT GENERAL A.G.OFFICE, BANGALORE 560 001 4. GOVERNMENT OF KARNATAKA REPTD. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE 560 001 ... RESPONDENTS (BY SRI. S.S.KOTI,ADV., FOR R1 SRI. ANANTHA.H., HCGP, FOR R2 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRA...


Jun 12 2015

M. Venkataraman Vs. Seven H. Logistics Private Limited, Bangalore

Court: Karnataka

Decided on: Jun-12-2015

1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent. 2. The petitioner is a management professional and the respondent is a private limited company. It transpires that the Managing Director of the respondent-company and the petitioner were friends. However, the petitioner is said to have entered into an agreement with effect from 1-12-2011. The petitioner was said to have been inducted into the Board of Directors as a whole time Director with a remuneration of Rs. 10,00,000/- per month. In terms of the agreement, he was to have been paid Rs. 4,00,000/- per month initially upto the end of May 2012 and subsequently, he would be entitled to full remuneration as stated, along with arrears for the earlier period. The memorandum of understanding also provided that the petitioner would acquire 20% stake in the respondent in a phased manner and other benefits were also spelt out. It is claimed that the petitioner diligently worked for the company in terms...


Jun 12 2015

M/s. Lakshminirman Bangalore Pvt. Ltd., Rep. by its Managing Director ...

Court: Karnataka

Decided on: Jun-12-2015

(Prayers: This W.P. is filed under Article 226 and 227 of Constitution of India praying to quash and to hold the provisions of Section 234E of the act as ultra vires of the Constitution of India. These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare and strike down provisions of Sec.234E of the Income Tax Act, 1961 as unconstitutional and violative of Article 14 of the Constitution of India. These Writ Petitions are filed under Articles 226 and 227 of Constitution of India praying to declare the newly inserted Sec.234E of the IT Act, by the Finance Act, 2012 as unconstitutional being arbitrary, discriminatory and unreasonable, the relevant extract of Section 234E is enclosed as Annexure-A. These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare that the Finance Act No.2 of 2012 by way of insertion of Section 234E to Income Tax Act 1961 is unreasonable and unconstitutional being opposed...


Jun 12 2015

Kumara and Others Vs. State of Karnataka

Court: Karnataka

Decided on: Jun-12-2015

(Prayer: Crl.P Filed U/S.438 Cr.P.C By The Advocate For The Petitioner Praying That This Hon'ble Court May Be Pleased To Enlarge The Petr. On Bail, In The Event Of Arrest, In Cr.No. 82/2015 Of Hunusur Rural P.S., Mysuru Dist., For Offences P/U/S 341, 355, 295, 323 R/W 34 Of IPC And U/S 3(I)(X) Of Sc/St POA Act And Etc.) 1. This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail in respect of Cr.No.82/2015 registered by the Hunsur Police Station. Offences are punishable under Sections 341, 34, 355, 295, 323 of IPC and Section 3(1)(10) of SC and ST (POA) Act, 1989. 2. Bail application filed by the petitioners has already been dismissed by the Court of the 6th Addl. District and Sessions Court, Mysore on 10.4.2015 in Crl.Misc.No.596/2015. The petitioners are 3 apprehending arrest at the hands of the respondent-Police. 3. The Government Pleader has vehemently opposed the bail application on the ground that there is threshold bar under Section 18 of SC and ST (POA) Act...


Jun 12 2015

The State of Karnataka Vs. M.P. Renukacharya and Others

Court: Karnataka

Decided on: Jun-12-2015

(Prayer: This Crl.P. is filed under S.482 Cr.P.C., praying to set aside the Order dated 07.10.2011 in C.C.No.621/2005 passed by the JMFC, Honnali and allow the prayer in the application moved by the prosecution under S.321 Cr.P.C.) 1. The respondents are being prosecuted for the offences punishable under various sections of the Indian Penal Code. When the cases were at the stage of trial, the Public Prosecutor filed separate applications under S.321 Cr.P.C., proposing to withdraw the prosecution launched against the accused. Learned Magistrate, having passed an order of rejection, criminal petitions were filed. The same having been rejected, again applications were filed under S.321 Cr.P.C., before the learned Trial Judge, proposing to withdraw the prosecution. The applications having been rejected on 07.10.2011, these petitions were filed to quash the aforesaid order/s and allow the prayer made in the applications moved by the prosecution. 2. Sri B. Visweswaraiah, learned HCGP, conten...


Jun 12 2015

V. Ravindra and Others Vs. The Deputy Commissioner, Chickballapura Dis ...

Court: Karnataka

Decided on: Jun-12-2015

(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of mandamus or any other appropriate order or director, directing the respondents to consider the representations of the petitioners DT.23.12.2014, at Annx-B, B1, C, C1, D, D1, E, E1, F and F1 to permit the petitioners to repair/reconstruction of existing sheds built on government lands bearing SY.No.31 situated in Chintamani measuring 30X40:20X30:30X40:20X30 and 20X30 respectively in the occupation and possession of the petitioners and further directing the respondents to regularize their occupation in accordance with law.) ƒ 1. Learned Government Advocate to accept notice for respondents No.1 and 2 and file memo of appearance in four weeks. 2. The petitioners are before this Court seeking for issue of mandamus to consider the representations of the petitioners dated 23.12.2014 at Annexures-B, B1, C, C1, D, D1, E, E1, F and F1 to permit the petitioners to repair...


Jun 12 2015

Priya Vs. Naveen Lahuja

Court: Karnataka

Decided on: Jun-12-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order passed by the V Additional Family Court, Bangalore in Annex-C M.C.No.1140 of 2012 dtd.7.10.2013, by remanding back the same to the trial court for consideration of the counter claim prayer of the petitioner.) 1. The petitioner is before this Court assailing the order dated 17.10.2013 passed in M.C.No.1140/2012. The petitioner ” wife is the respondent in M.C.No.1140/2012 filed by the respondent herein. The said petition was filed under Section 9 of the Hindu Marriage Act, seeking for restitution of conjugal rights. 2. The petitioner had appeared in said proceedings and she had tiled the objections statement opposing the petition. In the objections statement, a counter claim has also been filed and in that light she had sought for dismissal of the petition filed for restitution of conjugal rights and grant of decree of divorce with permanent alimony by way of...


Jun 12 2015

The Housing Commissioner, Karnataka Housing Board and Another Vs. The ...

Court: Karnataka

Decided on: Jun-12-2015

(Prayer: This Writ Appeal filed u/s 4 of the Karnataka High Court Act, 1961 praying to set aside the order passed in the Writ Petition No.38086/2002 dated 29/05/2012.) B. Sreenivase Gowda, J. 1. The appellants have preferred this writ appeal challenging the order of the learned Single Judge of this Court dt. 29-05-2012 passed in W.P.No. 38086/2002, whereby the learned Single Judge has allowed the writ petition and quashed the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the L.A. Act, 1894for short) mainly on the ground that the scheme which is pre-requisite for going ahead with the acquisition of land under Sec. 33(2) of the Karnataka Housing Board Act (hereinafter referred to as KHB Actfor short) with the provisions of the L.A. Act, 1894, is neither framed nor finalized by the Karnataka Housing Board (hereinafter referred to as `Boardfor short); much less it is sanctioned by the State Government before going ahead with the project ...


Jun 12 2015

The State of Karnataka Vs. M P Renukacharya

Court: Karnataka

Decided on: Jun-12-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE12H DAY OF JUNE, 2015 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.737/2012 C/W CRIMINAL PETITION NOS.738, 739, 740, 741, 742, 744, 813, 812/2012 IN CRL.P.NO.737/2012 BETWEEN: THE STATE OF KARNATAKA BY SUB INSPECTOR OF POLICE NYAMATHI P.S. REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE. (BY SRI B. VISWESWARAIAH, HCGP) AND:1. M.P. RENUKACHARYA S/O. SRI PANCHAKSHARAIAH47YEARS, JANGAMA MLA, R/O. HIREKALMATA VILLAGE HONNALI TOWN. ... PETITIONER2M.V.P. ARADHYA S/O SRI PANCHAKSHARAIAH42YEARS, JANGAMA BJP WORKMEN R/O HIREKALMATA VILLAGE HONNALI TOWN. SHIVASHANKARAIAH S/O SRI PANCHAKSHARAIAH55YEARS, JANGAMA PRINCIPAL, MRUTHUNJAYA COLLEGE R/O HIREKALMATA VILLAGE HONNALI TOWN. M.P. VISHWANATHARADHYA S/O SRI PANCHAKSHARAIAH43YEARS, JANGAMA BJP WORKMEN R/O HIREKALMATA VILLAGE HONNALI TOWN. M.P. RAJAPPA S/O SRI PANCHAKSHARAIAH38YEARS, JANGAMA BJP WORKMEN R/O HIREKALMATA VILLAGE HONNALI TOWN...


Jun 12 2015

M/S. Lakshminirman Bangalore pvt.ltd Vs. The Deputy Commissioner of In ...

Court: Karnataka

Decided on: Jun-12-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE12H DAY OF JUNE, 2015 BEFORE THE HONBLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION No.26589/2014 C/W W.P.NOS.3476-3479/2014 & 5661-5665/2014, 3725/2014 & 9922-9923/2014, 6918-6938/2014, 11889-11890/2014, 12097-12121/2014, 13065-13074/2014, 14294- 14295/2014 & 30565-30567/2014, 14296-14297/2014 & 29363-29365/2014, 14669/2014 & 15513-15514/2014, 16939-16950/2014, 18788-18791/2014 & 18792/2014, 19398-19399/2014, 19407-19421/2014, 19762- 19775/2014, 23541-23549/2014, 25841-25848/2014, 26586-26587/2014, 26588/2014, 10243/2014 & 11891- 11894/2014, 15476/2014 & 16111-16113/2014, 24023/2014, 46360/2014, 41614-41617/2014, 41618/2014, 38130-38134/2014, 53286-53289/2014 & 53290-53291/2014, 38127-38129/2014 AND376892014 & 5641-5658/2015 (T-IT) W.P.NO.26589/2014: BETWEEN: M/S. LAKSHMINIRMAN BANGALORE PVT.LTD15 SRIKANTAN LAYOUT, HIGH GROUNDS, 2 BENGALURU- 560001 REPRESENTED BY ITS MANAGING DIRECTOR SRI G R SURESH AGED ABOUT58YEARS SON OF SRI ...


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