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Karnataka Court July 2015 Judgments

Jul 23 2015

Saleem Pasha Vs. State of Karnataka by Kodigehalli Police represented ...

Court: Karnataka

Decided on: Jul-23-2015

(Prayer: This Appeal is filed under Section 374(2) Cr.P.C. praying to set aside the order dated 13.10.2011, passed by the II Additional City Civil and Sessions Judge and Special Judge, Bangalore in S.C. No. 611/2010, convicting the appellant/accused for the offence punishable under Section 302 of Indian Penal Code.) Mohan M. Shantanagoudar, J. 1. The judgment and order of conviction dated 13.10.2011 passed by the II Additional City Civil and Sessions Court, in SC.No. 611/2010 convicting the accused-appellant herein for the offence punishable under Section 302 of IPC is appealed against by the convicted accused. Appellant herein who is accused No. 1 faced trial before the trial Court. Accused No. 2, namely Khalim @ Khalim Pasha was a juvenile and hence he is being tried before the Juvenile Justice Board separately. 2. Case of the prosecution in brief is that money transaction existed between the accused and the deceased; quarrel had taken place prior to the incident in question, i.e., o...

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Jul 23 2015

M.S. Mahadevaiah Vs. Akkamma and Others

Court: Karnataka

Decided on: Jul-23-2015

(Prayer: These Writ Petitions are filed under Articles 227 of the Constitution of India praying to quash the order dtd 29.4.2015, in I.A. No. 05 and I.A. No. 06 passed by the senior civil Judge and JNFC at Devanahalli in O.S. No. 623/2011 vide Annek “ G and etc.) 1. Both these petitions have arisen out of a common order dated 29.4.2015 passed by the Court of Senior Civil Judge, Devanahalli on I.A. 5 and 6 in O.S. 623/2011. 2. I.A. 5 filed by defendant Nos. 3 and 4 was one under Order 7 Rule 11 of CPC requesting the Court to reject the plaint on the ground of non-payment of sufficient court fee and I.A.6 was one filed under Order 13 Rule 8 of CPC read with Section 33 of Karnataka Stamp Act requesting the Court to impound the registered sale deed dated 29.7.2005 relied upon by the plaintiff and refer the same to the Deputy Commissioner to collect requisite stamp duty and penalty. 3. Both these applications have been allowed-in-part and the operative portion reads as follows: ORDER ...

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Jul 23 2015

The Management of BWSSB, Bangalore Vs. M. Mahadeva and Others

Court: Karnataka

Decided on: Jul-23-2015

(Prayer: These Writ Petitions are filed under Article 226 and 227 of the Constitution of India praying to call for the records in I.D.No.16/2008, I.D.No.17/2008, I.D.No.18/2008, I.D.No.19/2008, I.D.No.20/2008, I.D.No.21/2008, I.D.No.23/2008, I.D.No.24/2008, I.D.No.26/2008, I.D.No.27/2008, I.D.No.28/2008, I.D.No.29/2008, I.D.No.30/2008, I.D.No.33/2008, I.D.No.34/2008, I.D.No.35/2008, I.D.No.36/2008, I.D.No.40/2008, I.D.No.41/2008, on the file of the presiding officer, principal of the award made in I.D.No.16/2008, I.D.No.17/2008, I.D.No.18/2008, I.D.No.19/2008, I.D.No.20/2008, I.D.No.21/2008, I.D.No.23/2008, I.D.No.24/2008, I.D.No.26/2008, I.D.No.27/2008, I.D.No.28/2008, I.D.No.29/2008, I.D.No.30/2008, I.D.No.33/2008, I.D.No.34/2008, I.D.No.35/2008, I.D.No.36/2008, I.D.No.40/2008, I.D.No.41/2008 on the file of the principal labour court, Bangalore vide Annexure-C by which the back wages, continuity of service and consequential benefits are denied to the petitioners as that direction is ...

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Jul 23 2015

Kamalawwa Parasappa Kadalagi and Another Vs. Basavanni Ramappa Mallann ...

Court: Karnataka Dharwad

Decided on: Jul-23-2015

(Prayer: This MFA is filed U/s. 173 (1) of MV Act, against the judgment and award dated 28.10.2006 passed in MVC No. 1001/2004 on the file of the Civil Judge (Sr.Dn) and Member Addl. MACT, Hukkeri, dismissed the petition as not maintainable.) 1. Heard the learned counsel for the parties. 2. The first appellant and the third respondent herein claim to be the wives of the deceased and his L.Rs. Both of them along with their respective children are said to have preferred independent claim petition in respect of the same accident i.e., MVC Nos.512 / 2004 and 10001/2004. 3. The case of claimants is that the deceased Parasappa Appayya Kadalagi met with an accident on 02.02.2004, while travelling in the offending vehicle bearing Registration No. KA “ 23 /6411 from Managutti to Daddi on payment of fare. It is alleged that due to rash and negligent driving of the offending vehicle by its driver, the vehicle turned turtle and the deceased Parasappa suffered grievous injuries and died as a ...

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Jul 23 2015

National Insurance Co. Ltd. and Others Vs. D. Imamsab and Others

Court: Karnataka Dharwad

Decided on: Jul-23-2015

1. The Appellant-National Insurance Company filed these Appeals challenging the Judgment and Order dated 31.07.2007 passed in WCA 317/2004 and 367/2007 by the Labour Officer and Commissioner for Workmen Compensation, Sub-Division, Bellary (hereinafter referred to as the WCC for short). 2. Since the common order passed by the WCC is challenged in these Appeals, both the Appeals are clubbed together the disposed of by this common Judgment. 3. The 1st Respondent in these Appeals are the Claimants. The Claimant in MFA No. 13271/2007 was working as a Driver and Claimant in MFA No. 13272/2007 was working as a Loader in a Lorry bearing registration No.KA-35-B-7863 belonging to the 2nd Respondent in these Appeals. The Claimants filed the Claim petition contending that, on 22.08.2004, on the instructions of the Owner of the Lorry, after unloading the mines, when they were proceeding towards Hospet, due to the rash and negligent driving of the Tata Mobile vehicle bearing Registration No. KA-02-N...

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Jul 23 2015

Sri M S Mahadevaiah Vs. Smt Akkamma

Court: Karnataka

Decided on: Jul-23-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF JULY2015BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NO.25190/2015 (GM-CPC) AND WRIT PETITION NO.25580/2015 (GM-CPC) BETWEEN: SRI M.S. MAHADEVAIAH S/O SHIVANNA AGED ABOUT43YEARS, R/AT No.10/1, GROUND FLOOR, LAKSHMINARAYANA COMPLEX, PALACE ROAD, BANGALORE-560 079 (BY SRI.H.R. ANANTHA KRISHANA MURTHY ADV.) PETITIONER AND:1. SMT.AKKAMMA W/O LATE MUNEGOWDA MAJOR R/AT KANNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.2. SHAJI BABY JOHN S/O BABY JOHN AGED ABOUT55YEARS, R/AT No.589, C-8, 2 KENDRIYA VIHAR, YELAHANKA, BANGALORE 560 064.3. MFAR INFRANSTRUCTURE DEVELOPMENT P. LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS REGISTERD OFFICE AT NO.3, LAVELLE ROAD, BANGALORE 560 001. REP.BY ITS DIRECTOR SRI. Y MOIDEEN RIZWAN, 4. OZONE URBANA INFRA DEVELOPERS PVT. LTD. PRESENTLY HAVING ITS REGISTERED OFFICE AT NO.18, ULSOOR ROAD, BANGALORE560042. REP.BY ITS DIRECTOR...

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Jul 23 2015

Saleem Pasha Vs. State of Karnataka

Court: Karnataka

Decided on: Jul-23-2015

- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23d DAY OF JULY, 2015 PRESENT THE HONBLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR AND THE HONBLE MR.JUSTICE BUDIHAL R.B. CRIMINAL APPEAL NO.1188/2011 BETWEEN : Saleem Pasha S/o Mohammed Bashir Age out 21 years R/o Maruti Nagar Kodigehalli Main Road Banaglore-92 (By Sri Mohd Tahir, Adv.,) AND : ..Appellant State of Karnataka by Kodigehalli Police Represented by State Public Prosecutor Bangalore ..Respondent (By Sri Vijayakumar Majage, Addl. SPP.,) - 2 - This Appeal is filed under Section 374(2) Cr.P.C praying to set aside the order dated 13.10.2011, passed by the II Additional City Civil and Sessions Judge and Special Judge, Bangalore in S.C.No.611/2010, convicting the appellant/accused for the offence punishable under Section 302 of Indian Penal Code. This Appeal coming on for hearing, this day, MOHAN M. SHANTANAGOUDAR, J., delivered the following:- JUDGMENT The judgment and order of conviction dated 13.10.2011 passed by the I...

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Jul 23 2015

Sri N Ashok Reddy Vs. Miss Anitha N

Court: Karnataka

Decided on: Jul-23-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23d DAY OF JULY, 2015 BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION No.41960/2014 (GM-CPC) BETWEEN:1. SRI. N. ASHOK REDDY S/O LATE H.M. NARAYANA REDDY, AGED ABOUT45YEARS, R/AT NO.84/1A, DODDAMMA TEMPLE ROAD, HULIMAVU VILLAGE, BANNERUGATTA POST, BEGUR HOBLI, BANGALORE 560 076. PETITIONER (BY SRI. ASHOK.B.PATIL , ADVOCATE) AND:1. MISS. ANITHA. N D/O K.R. NARAYANA REDDY, AGED ABOUT40YEARS, R/AT NO.T.3, 10/1, SHRI. LAKSHMI NIVAS,4TH CROSS, VISHWESHWARAIAH LAYOUT, CHOLANAGAR, R.T.NAGAR POST, BANGALORE 560 032.2. THE STATE OF KARNATAKA REPRESENTED BY ITS2SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE 560 001. (R2 IS IMPLEADED VIDE COURT ORDER DATED2406.2015) . . . RESPONDENTS ( BY Dr. R. RAMACHANDRAN, ADVOCATE FOR R1, SMT. R. ANITHA, HCGP FOR R2) 14TH ADDITIONAL CITY CIVIL THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF CONSTITUION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED228.2014 PASSED...

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Jul 23 2015

Kamalawwa Parasappa Kadalagi Vs. Basavanni Ramappa Mallannavar

Court: Karnataka Dharwad

Decided on: Jul-23-2015

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE23D DAY OF JULY2015BEFORE THE HONBLE MR. JUSTICE G. NARENDAR MFA No.15681/2007 (MV) BETWEEN1 2. KAMALAWWA PARASAPPA KADALAGI Age 46 YEARS KUM LAGAMAVVA D/O PARASAPA KADALAGI AGE22YEARS R/O MANAGUTTI, HUKKERI BELGAUM ... APPELLANTS (BY SRI.T.M.NADAF, ADVOCATE) AND1 BASAVANNI RAMAPPA MALLANNAVAR R/O MANAGUTTI, HUKKERI, BELGAUM2 3. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO LTD DIVISIONAL OFFICE, 5TH FLOOR SHAMBAG CHAMBERS KIRLOSKAR ROAD, BELGAUM SMT LAXMIBAI W/O PARASAPPA KADALGI, AGE35YEARS24. BASAVANNI S/O PARASAPPA KADALGI, AGE19YEARS5 APPAYYA S/O PARASAPPA KADALGI, AGE16YEARS APPELLANT NOS.3 TO5ALL R/O MANAGUTTI, HUKKERI BELGAUM R3 TO R5 ARE DELETED AS PER ORDER DATED0804.2013 ... RESPONDENTS (BY SRI.R.B.PASAPPAGOL, ADVOCATE FOR R1; SRI.S.S.JOSHI, ADVOCATE R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED2810.2006 PASSED IN MVC NO.1001/2004 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND M...

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Jul 23 2015

D J Rathod S/O. Jatru Ratho Vs. The Union of India

Court: Karnataka Dharwad

Decided on: Jul-23-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH ON THE23D DAY OF JULY, 2015 BEFORE THE HONBLE MR.JUSTICE RAVI MALIMATH AND THE HONBLE MR.JUSTICE P.S. DINESH KUMAR W.P.NO.85353/2013 (S-CAT) BETWEEN D J RATHOD S/O. JATRU RATHOD AGE:52. YEARS OCC: EX. TGT (BIO), KVS (NOW DISMISSED FROM SERVICE) R/O. YALAGOD, TQ: SINDGI DIST: BIJAPUR-586 120 ... PETITIONER (By Sri H M DHARIGOND, ADV.,) AND1 THE UNION OF INDIA BY SECRETARY MINISTRY OF HUMAN RESOURCES DEVELOPMENT DEPARTMENT OF EDUCATION SHASTRI BHAVAN NEW DELHI-110 001 2. THE VICE-CHAIRMAN, KVS KENDRIYA VIDYALAYA SANGATHAN18 INSTITUTIONAL AREA, S.J.S. MARG NEW DELHI-110 016 3.4.5. :2. : THE COMMISSIONER KENDRIYA VIDYALAYA SANGATHAN18 INSTITUTIONAL AREA, S.J.S.MARG NEW DELHI-110 016 THE ASSISTANT COMMISSIONER KENDRIYA VIDYALAYA SANGATHAN REGIONAL OFFICE K KAMARAJA ROAD BANGALORE-560 042 THE PRINCIPAL KENDRIYA VIDYALAYA NO.2 NEAR MILITARY HOSPITAL ROAD BELGAUM CANTT-590 009 ... RESPONDENTS (By Sri RAVI HEGDE, ADV., FOR R5 R1 TO R4 ARE SER...

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