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Karnataka Court June 2015 Judgments

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Jun 08 2015

Lalitha Vs. N Kedarnath

Court: Karnataka

Decided on: Jun-08-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE8H DAY OF JUNE, 2015 : PRESENT : THE HONBLE MR. JUSTICE N.K. PATIL AND THE HONBLE MRS. JUSTICE RATHNAKALA M.F.A.NO.3056/2010 (MV) C/W. M.F.A.NO.5455/ 2009 (MV) M.F.A.NO.3056 OF2010(MV) Between:1. Lalitha, W/o. Late NDRS Bhaskar, Aged about 27 years.2. N. Nikila, D/o. Late NDRS Bhaskar, Aged about 4 years. Minor, rep. by her mother, Natural guardian appellant No.1. Both R/at. No.203, 2nd Floor, Mahaveer Citadel, J.P. Nagar, 5th Phase, 24th Main, Bangalore-78. (By Shri. Keshava Kumar.B, for Smt. Sheela Krishna, Advocate) ... Appellants 2 And:1. 2. 3. N.Kedarnath, S/o. N. Rama Subramanyam, Major, R/at. 13/86, Chagalamarri, Kurnool District. (Owner of the Hero Honda Splendor Bearing No.AP-21-H-5755) The New India Assurance Company Ltd., Represented by its Divisional Manager, Kurnool. Karnataka State Road Transport Corporation, Rep. by its Regional Manager, K.H.Road, Shanthinagar, Bangalore. (By Shri. Ravi.S.Samprathi, Advocate f...


Jun 08 2015

Siddappa S/O Laxmibai Madigar @ Dodawad Vs. Tangewwa Nagappa Hosur

Court: Karnataka Dharwad

Decided on: Jun-08-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE08T H DAY OF JUNE, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA WRIT PETITION No.104485 OF2014[GM-CPC]. BETWEEN: SIDDAPPA S/O LAXMIBAI MADIGAR @ DODAWAD, SINCE DECEASED R/BY HIS LRS1 KUSHAVVA @ KUSUMA W/O. SIDDAPPA MADIGAR@ DODAWAD AGE:36. YEARS, OCC: HOUSEHOLD WORK R/O. SANKONATTI-591304, TQ: ATHANI DIST: BELGAUM2 SHREEDHAR S/O. SIDDAPPA MADIGAR @ DODDAWAD AGE:17. YEARS, OCC: STUDENT, MINOR R/BY HIS MOTHER-PETITIONER NO.1: KUSHAVVA @ KUSUMA W/O. SIDDAPPA MADIGAR@ DODAWAD AGE:36. YEARS, OCC: HOUSEHOLD WORK R/O. SANKONATTI-591304, TQ: ATHANI DIST: BELGAUM3 RAMAPPA S/O. SIDDAPPA MADIGAR @ DODDAWAD AGE:15. YEARS, OCC: AGRICULTURE, MINOR R/BY HIS MOTHER KUSHAVVA @ KUSUMA W/O. SIDDAPPA MADIGAR@ DODAWAD AGE:36. YEARS, :2. : OCC: HOUSEHOLD WORK R/O. SANKONATTI-591304, TQ: ATHANI DIST: BELGAUM4 YALLAPPA @ YALLALING S/O. SIDDAPPA MADIGAR @ DODDAWAD AGE:13. YEARS, OCC:STUDENT, MINOR R/BY HIS MOTHER KUSHAVVA @ KUSUMA W/O. SIDDAPPA ...


Jun 05 2015

P. Abdulla Vs. The Authorized Officer and Deputy Conservator of Forest ...

Court: Karnataka

Decided on: Jun-05-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the order dated 29.9.2014 passed by the Hon'ble V Addl. and Sessions Judge, D.K. Dist., Mangalore, sitting at Puttur in Crl.A.No.390/2013 at Annexure-A which is confirming the interim order dated 10.12.2013 passed by R-1 in Crime No.121/2013 at annexure-b and direct the R-1 to release the Mahindra pickup vehicle bearing Registration No.KL-57- 306 in favour of the petitioner for his interim custody pending disposal of the confiscation proceedings.) 1. The petitioner is before this Court assailing the order dated 29.9.2014 passed in Crl.A.No.390/2013, whereunder the order dated 10.12.2013 passed by the Competent Authority was confirmed. ƒ 2. The petitioner claims to be the owner of Mahindra Pick-Up vehicle bearing registration No.KL-57- 306. The said vehicle was seized in Crime No, 121/2013 for the offences committed under the Karnataka Forest Act and Rules. The proceedi...


Jun 05 2015

Dr. Ramachandra Aithal Vs. The State of Karnataka by Inspector of Poli ...

Court: Karnataka

Decided on: Jun-05-2015

(Prayer: This Crl.P. is filed under S.482 Cr.P.C., praying to quash the charge sheet in Crime No.12/2010 of Hebri Police Station, Udupi and proceedings against the Petitioner herein in S.C.No.18/2011 on the file of the Sessions Judge, Udupi.) 1. This petition was filed under S.482 of Code of Criminal Procedure, 1973 ( ˜the Codefor short), to quash the charge sheet in Crime No.12/2010 of Hebri Police Station, Udupi District and also the entire proceedings against the petitioner/accused No.7, in S.C.No.18/2011, pending on the file of the Sessions Judge, Udupi. 2. The petitioner is a medical practitioner. He runs a maternity and general hospital called Sri Raghavendra Maternity and General Hospital at Hebri Town, Karkala Taluk, Udupi District. The said hospital is attached to the residence of the petitioner. 3. On 06.01.2010, Dr. Suresh Prabhu/Accused No.1, brought his wife Bhageerathi, in his Maruti Omni car, at about 9.30 p.m., and the petitioner came out of his residence and Bhag...


Jun 05 2015

H.T. Sathyanarayan Vs. Karnataka State Financial Corporation and Anoth ...

Court: Karnataka

Decided on: Jun-05-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the letter dtd.17.2.12, issued by the respondent vide Annex-E in so far stating that the petitioner is not eligible to settle the account on modified GOK- OTS basis and Etc.,) 1. The petitioner is before this Court praying that the letter dated 17.2.2012 impugned at Annexure-E be quashed. Similarly, the petitioner also seeks that the notice dated 27.2.2012 at Annexure-F be quashed. 2. The petitioner is further seeking that a mandamus be issued to the respondents to consider the case of the petitioner to settle the account on modified GOK-OTS basis. 3. Heard Smt. Pramila Nesargi, the learned senior counsel appearing for the petitioner and Sri.Gurura; Joshi, learned counsel appearing for respondent No.1 as also learned Government Advocate and perused the petition papers. 4. The fact that the petitioner had been sanctioned loan amounting to Rs.14 35 lakhs by the first respondent f...


Jun 05 2015

Official Liquidator of M/s. Blue Crystal Agro Chemicals Limited Vs. H. ...

Court: Karnataka

Decided on: Jun-05-2015

1. Heard the learned Counsel for the Official Liquidator and the learned Counsel appearing for the respondents 1 and 2. The present application is filed seeking the following reliefs: (a) To summon the respondents 1 to 4 herein for the purpose of examination in regard to the matter specified hereinabove; (b) To declare that respondents 1 to 4 jointly or severally are liable to pay to the Official Liquidator a sum of Rs.1,33,360/- shown as vehicles under the head Fixed Assetsalong with interest at the rate of 18% per annum from the date of winding up order till the date of payment; (c) To declare that respondents 1 to 4 jointly or severally are liable to pay to the Official Liquidator a sum of Rs.73,74,150.79/- under the head Sundry Debtorsalong with interest at the rate of 18% per annum from the date of winding up order till the date of payment; (d) To declare that respondents 1 to 4 jointly or severally are liable to pay to the Official Liquidator a sum of Rs.1,10,854/- under the head...


Jun 05 2015

Gundappa @ Ramappa and Others Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Jun-05-2015

(Prayer: This criminal petition is filed u/s 438 of Cr.P.C. seeking to enlarge the Petitioners No.1 to 7 on bail in the event of their arrest in Kerur P.S. Crime No.10/2015 registered by the kerur police for the alleged offences punishable u/s 143, 147, 148, 447, 323, 324, 353, 355, 427, 379, 504 r/w sec 149 of IPC.) 1. Heard the learned counsel for the petitioners and learned Additional State Public Prosecutor. 2. The complainant is the Chief Officer of Kerur Town Panchayat. It is alleged that the petitioners herein, who are excavating silt from the town lake and in the process had damaged and destroyed the fencing that had been put up around the lake and that the excavation of the soil was without the required permission. It is alleged that the soil and silt have been transported by a truck bearing No.KA 49 1927 and a tractor bearing Reg. No. KA 29 4868, a tipper bearing Reg. No. KA 28 B 5751 and a JCB bearing Reg. No.KA 24 M 1738 were also been used for the said purpose It is furthe...


Jun 05 2015

Dr. Ramachandra Aithal Vs. The State of Karnataka

Court: Karnataka

Decided on: Jun-05-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE5H DAY OF JUNE, 2015 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA CRIMINAL PETITION NO.3036/2011 BETWEEN: Dr. RAMACHANDRA AITHAL S/O. SUBRAYA AITHAL AGED ABOUT50YEARS, SRI RAGHAVENDRA MATERNITY & GENERAL HOSPITAL, BELENJE ROAD, HEBRI-576112, KARKALA TALUK UDUPI DISTRICT. (BY SRI RAMESHCHANDRA & SRI S.N. BASAVARAJU, ADVS.) AND: THE STATE OF KARNATAKA BY INSPECTOR OF POLICE DCIB, UDUPI DISTRICT UDUPI 576 101. (BY SRI B. VISWESWARAIAH, HCGP) ... PETITIONER ... RESPONDENT2THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO QUASH THE CHARGE SHEET IN CRIME NO.12/2010 OF HEBRI POLICE STATION, UDUPI AND PROCEEDINGS AGAINST THE PETITIONER HEREIN IN S.C.NO.18/2011 ON THE FILE OF THE SESSIONS JUDGE, UDUPI. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This petition was filed under S.482 of Code of Criminal Procedure, 1973 (the Code for short), to quash the charge sheet in Crime No.12/2...


Jun 04 2015

Shivaputrappa and Others Vs. The Management of M/s. Vivada Chemicals ( ...

Court: Karnataka Dharwad

Decided on: Jun-04-2015

(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India praying to set aside the award dt. 12.7.2005 passed by the industrial tribunal in I.D.No.151/2001 vide annex.F.) 1. The petitioners and others were under the employment of the respondent. Respondent Company was closed with effect from 15.02.1997. No notice was given to them or to the Union. On a claim being set up by the Union, a Reference was made to the Labour Court under Section 10 (1) (c) of the Industrial Disputes Act, (for short 'the Act'). The Reference was as to 'whether the employees were justified in demanding their reinstatement who have been terminated by the Management by illegally closing the industrial unit?' If not, 'whether their demand is justified in the implementation of the Voluntary Retirement Scheme (for short 'VRS') as per Clause 5 of the Settlement dated 14.02.1996?'. If not, 'whether their demand to work in the sister concern could be granted or not?'. By the impugned aw...


Jun 04 2015

M/s. Lakshmivan Polymers Pvt. Ltd. Vs. The Deputy Commissioner, Bangal ...

Court: Karnataka

Decided on: Jun-04-2015

(Prayer: This writ petition is filed under Article 226 and 227 of the praying to quash Annexure-F the orders passed by the Asst. Commissioner R-7 dated 15.12.2012 and Annexure-D the orders passed by R2 the Tahsildar dated 30.8.2012 and annexure-s the orders passed by the Deputy Commissioner the R-1 in Revision Petition No.10/2013-14, etc.) 1. The petitioner's case in brief is that 4 acres of land out of the vast extent of Government land at Sy.No.10 of Pattanagere Village, Kengeri Hobli, Bangalore South Taluk were granted to one Patel Nanjundappa. The saguvali chit was issued to him on 19.1.1948. He sold it to Hanumaiah by a registered sale deed, dated 16.10.1959. Manchaiah purchased it by a registered sale deed, dated 16.5.1966. He got the said land converted for non-agricultural purpose and formed the layout. The petitioner purchased site Nos.19, 20, 21 and 22 from Manchaiah by four registered sale deeds, all dated, 18.4.2013. The Bruhath Bengaluru Mahanagara Palike (B.B.M.P.) issued...


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