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Karnataka Court July 2015 Judgments

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Jul 01 2015

Classic Infracon Bangalore Private Limited, Bangalore Vs. Uplus Batter ...

Court: Karnataka

Decided on: Jul-01-2015

1. Heard learned Counsel for the parties. 2. W.P. No. 44410 of 2014 has arisen out of the order dated 14-8-2014 passed by the Court of XXX Additional City Civil Judge, Bangalore in O.S. No. 5576 of 2012 on an application filed by the plaintiff under Order 26, Rule 10 of Civil Procedure Code, 1908. W.P. No. 51379 of 2014 is filed by the defendant of the said suit being aggrieved by the order dated 23-6-2014 passed on application filed under Order 6, Rule 17 of CPC by the plaintiff in the said suit. 3. Since both these petition have arisen on two orders pass din the same suit, they are taken up together. 4. Plaintiff-M/s. Classic Infrocon Bangalore Private Limited has filed the suit initially for recovery of land from the defendant in respect of suit schedule property. Plaintiff's case is that defendant handed over the suit schedule property to the plaintiff on 28-5-2011. According to the plaintiff, defendant was still in arrears of rent as on the date of handing over the possession. The...


Jul 01 2015

Vikas Kumar Vs. State of Karnataka, By Subramanyapura Police Station

Court: Karnataka

Decided on: Jul-01-2015

(Prayer: This criminal petition is filed under Section 439 of Cr.P.C.. praying to enlarge the petitioner on bail, in Cr.No.264/2015 of Subramanyapura Police Station, Bengaluru City, which is registered for the offence p/u/s 3(1)(10) of SC/ST (Poa) Act and 420, 506 and 376 of IPC.) 1. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent - police. 2. Petitioner is the sole accused in a criminal case registered in Crime No.264/2015 on the file of Subramanyapura Police Station, Bengaluru City for the offences punishable under Sections 3(1) (10) of SC/ST (POA) Act and Sections 420, 506 and 376 of IPC. After registering the case by the respondent police Section 376 of IPC has been incorporated in the FIR. The petitioner is in judicial custody since from the date of his arrest. Hence, he has filed this application under Section 439 of Cr.P.C seeking his release. The case on hand relates to the alleged rape said to have committed by this petitioner...


Jul 01 2015

Seema and Another Vs. Pramila and Others

Court: Karnataka

Decided on: Jul-01-2015

(Prayer: This Crl.P. is filed under S.482 Cr.P.C., praying to quash the order of registering the petition filed under S.125 of Cr.P.C. by the respondents in Crl.Misc.No.352/2013 dated 15.06.2013 on the file of the Civil Judge (Jr.Dn.) and J.M.F.C., Devanahalli, Bengaluru Rural District.) 1. This petition is directed against an application filed by the respondents, under S.125 of Cr.P.C. Learned Addl. Civil Judge (Jr.Dn) and JMFC, having registered the Criminal Misc. Petition and issued notice to these petitioners, this petition was filed, under S.482 of Cr.P.C., to quash the said proceeding. 2. The respondents herein, claiming to be the wife and children of P.Ravishankar, who died on 31.12.2008, contend that the petitioners herein, are the illegitimate children of P Ravishankar, born through Smt.Prameela and are in possession and enjoyment of property belonging to P. Ravishankar, situated at No.4/1, New No.5, Ramaswamy Street, AlwarPet, Chennai - 18. According to the respondents, the s...


Jul 01 2015

Chanappa Vs. State of Karnataka

Court: Karnataka

Decided on: Jul-01-2015

1. The accused has preferred this appeal being aggrieved by the judgment of conviction dated 31-3-2011 passed by the Fast Track Court “XV, Bengaluru, in S.C.No.954 of 2008 convicting him for the offences under Sections 498-A and 302 of Indian Penal Code, 1860. The accused was sentenced to undergo simple imprisonment for three years for the offence under Section 498-A of IPC and to pay fine of Rs.10,000/- and in default of the same, he has to undergo simple imprisonment for three years. The accused was further sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of IPC and liable to pay fine of Rs.10,000/- and in default of payment of fine, he has to undergo simple imprisonment for three months. 2. Case of the prosecution in brief is that P.W.2 “one H.K. Doddegowda, lodged the complaint as per Ex.P.3 alleging that his daughter Kousalya alias Geetha i.e., the deceased was given in marriage to L. Chennappa, the appellant-accused, who at the tim...


Jul 01 2015

Poornima R. Shenoy and Others Vs. Vinaya Pai and Others

Court: Karnataka

Decided on: Jul-01-2015

1. Heard the learned Counsel for the petitioners and the learned Counsel for the respondents 1 to 4. Matter is taken up for final hearing with their consent. 2. Present petition has been filed under Articles 226 and 227 of the Constitution of India challenging the order dated 1-8-2013 passed by the learned II Additional District Judge, Dakshina Kannada, Mangalore in MA No. 31 of 2011 filed under Order 43, Rule 1 of Code of Civil procedure, 1908 challenging the order passed in Miscellaneous Case No. 2 of 2007 passed on 30-7-2011 by the learned Senior Civil Judge and ACJM, Karkala filed under Order 9, Rule 13 of Code of Civil Procedure, confirming the same. Hence, the petitioners are before this Court. 3. The facts leading to file the present petition under Articles 226 and 227 of the Constitution of India are as follows: Respondents have filed a final decree petition under Order 20, Rule 18 read with Section 54 of CPC before the Court of then Principal Civil Judge (Senior Division) and ...


Jul 01 2015

S. Lakshmikanth Vs. The Managing Director KSRTC and Another

Court: Karnataka

Decided on: Jul-01-2015

(Prayer: This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 14.03.2012 passed in MVC No.3369/2010 on the file of the 14th Additional Judge, MACT, court of Small Causes, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal is by the claimant in MVC.No.3369/10 on the file of MACT, Bengaluru. 2. This appeal is filed with inordinate delay of 535 days. Hence, application in I.A. 1/13 is filed. Though this application is listed continuously for a period of 3 days, there is no representation on behalf of the appellant. Hence, this application is taken up today. On going through the application and the affidavit filed in support thereof, it is seen that the reasons stated is that the claimant was not able to give instructions to obtain certified copy before the Court in time. Hence there is delay. When the certified copy is looked into, it is seen that the judgment and award in MVC.No.3369/10 ...


Jul 01 2015

Manjunath and Another Vs. State of Karnataka, by Manchenahalli Police

Court: Karnataka

Decided on: Jul-01-2015

(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.239/2014 of Manchenahalli Police Station, Chickballapura for the offence punishable under Section 363 of IPC and 12 of POCSO Act and 11 and 9 of Child Marriage Restraint Act and Etc.) 1. Heard the learned counsel for the petitioner and the learned Government Pleader for the Respondent-State. 2. Petitioner is the sole accused in Cr.No.239/2014 on the file of Manchenahalli Police Station, Chikkaballapur District. After concluding investigation, charge-sheet has been filed for the offences punishable under Section 363 of IPC, Section 12 of Protection of Children from Sexual Offences Act, 2012 and Sections 11 and 9 of the Child Marriage Restraint Act. The petitioner is in judicial custody since 7 months. Hence, regular bail application has been filed under Section 439 of Cr.P.C. 3. The main allegation against the petitioner is that, the complainant by name Sri. Ramanj...


Jul 01 2015

Sri N Govindaraju Vs. The Income Tax Officer

Court: Karnataka

Decided on: Jul-01-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 1st day of July, 2015 Present THE HONBLE MR JUSTICE VINEET SARAN & THE HONBLE MRS JUSTICE S SUJATHA Income Tax Appeal 504 / 2013 Between Appellant Sri N Govindaraju 56 yrs, S/o Narayanappa # 101, Divyashree Residency H D Devegowda Road R T Nagar, Bangalore 32 (By Sri A Shankar, Adv. for Sri V S Yogesh Kumar, Adv.)) And 1 2 (By Sri E Sanmathi Indrakumar, Adv.) Appeal is filed under S.260 A of the Income Tax Act, 1961 praying to set aside the order passed by the ITAT, Bangalore in ITA970Bang/2009 on 26.04.2010, etc. Commissioner of Income Tax Appeals II, Bangalore 82 Income Tax Officer Ward 8(2), Bangalore 82 Respondents 2 Appeal having been reserved on 20th April, 2015, coming on for pronouncement of Orders this day, Vineet Saran J, delivered the following: JUDGMENT The primary question that requires determination in this appeal is that when the reason recorded for reopening the assessment under section 147 of the Income Tax Ac...


Jul 01 2015

Smt. Seema Vs. Smt. Pramila

Court: Karnataka

Decided on: Jul-01-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE1T DAY OF JULY, 2015 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.6478/2013 BETWEEN:1. SMT. SEEMA AGED ABOUT33YEARS W/O. SRI A. UDAYA KUMAR D/O. LATE P. RAVISHANKAR.2. SMT. SUDHA AGED ABOUT30YEARS W/O. SRI R. VINOD KUMAR D/O. LATE P. RAVISHANKAR. BOTH ARE R/AT NO.4/1 NEW NO5 RAMASWAMY STREET, ALWARPET CHENNAI - 600 018. ... PETITIONERS (BY SRI N. SHANKARANARAYANA BHAT, ADV.) AND:1. SMT. PRAMILA AGED ABOUT34YEARS. 2 MASTER NAVEEN KUMAR AGED ABOUT16YEARS S/O. SMT. PRAMILA. KUM. VENILA AGED ABOUT14YEARS D/O SMT. PRAMILA.2.3. RESPONDENTS2AND3ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT. PRAMILA. ALL ARE R/AT C/O. R. KUMAR, S/O RAMADAS, KERE KODI ROAD MARUTHI NAGAR, VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT 562 135. ... RESPONDENTS (BY SRI B. VISWESWARAIAH, ADV.) THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO QUASH THE ORDER OF REGISTERING THE PETITION FILED UNDER S...


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