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Karnataka Court July 2015 Judgments

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Jul 20 2015

Naveen Vs. State by Mandi Mohalla Police Station, Mysore

Court: Karnataka

Decided on: Jul-20-2015

1. The order of judgment and conviction dated 13th November, 2009 passed by II Additional Sessions Judge, Mysore in S.C. No. 217 of 2007 is called in question in these two appeals by the convicted accused. Both the accused were tried and convicted for the offences punishable under Sections 302 and 201 of Indian Penal Code, 1860. Cri. A. No. 871 of 2011 is filed by accused 2 and Cri. A. No. 824 of 2013 is filed by accused 1. 2. Case of the prosecution in brief is that deceased Raghu and the accused were friends; deceased was initially working at Mysore in the shop of P.W.4-Suresh Kumar Jain, who was owning a jewellary shop, deceased was goldsmith by profession; accused were also goldsmiths by profession; deceased and both the accused were co-workers in the very shop of P.W.4 at initial stage; subsequently, deceased went to his native place at Hassan and joined the shop of P.W.21-H.K. Ganesh; the owner of the shop at Hassan viz., P.W.21 used to send the prepared gold ornaments to the sho...


Jul 20 2015

M/s. Varman Aviation Pvt. Ltd. and Another Vs. Hindustan Aeronautics L ...

Court: Karnataka

Decided on: Jul-20-2015

(Prayer: This WP filed under Articles 226 and 227 of the Constitution of India praying to quash order Dtd.12.8.2002 vide Annex-T and to direct the respondent to consider the application of the 1st petitioner for registration as a sub-contractor within a time period of 4 weeks and etc.) 1. The present petition is filed under Articles 226 and 227 of the Constitution of India to issue a writ of certiorari to quash the order passed by the respondent in No.CD/724/2002/PC dated 12.8.2002 as found in Annexure-T and to direct the respondent to consider the application of the 1st petitioner to register it as a sub contractor within a period of four weeks and to pass any such order or direction as this court deems fit in the interest of justice and equity. 2. Detailed objections have been filed by the respondent. The facts leading to the filing of the present writ petition are as follows: a) The respondent is a public sector undertaking involved in the manufacture of aircraft products to meet th...


Jul 20 2015

Shri Prabhakar Reddy Vs. Mr. h.r. Ravichandra

Court: Karnataka

Decided on: Jul-20-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF JULY2015BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI C.M.P.NO.152 OF2014C/W C.M.P. NO.151 OF2014C.M.P.NO.152 OF2014BETWEEN SHRI PRABHAKAR REDDY AGED ABOUT65YEARS S/O LATE RANGAPPA REDDY FOUNDER PARTNER OF M/S.CLASSIC ENTERPRISES RESIDING AT NO.152, 27TH MAIN5H CROSS, J.P.NAGAR1T PHASE BANGALORE560078. ... PETITIONER (BY:SRI VISHNU HEGDE, ADVOCATE) AND:1. 2. MR.H.R.RAVICHANDRA S/O RAJASHEKAR REDDY AGED ABOUT46YEARS RESIDING AT NO.748, 18TH MAIN6H BLOCK KORAMANGLA BANGALORE560095. SHRI D.M.POORNESH S/O LATE D.B.MANJEGOWDA AGED ABOUT59YEARS POST BOX NO.5, DEVAGIRI FORMS DEVANAHALLI BANGALORE DISTRICT56211. 2 SMT.MANJULA REDDY W/O ANIL REDDY AGED ABOUT36YEARS. SHRI P.V.NAVEEN S/O LATE VENUGOPAL REDDY AGED ABOUT36YEARS. SMT.SARASWATHAMMA W/O LATE VENUGOPAL REDDY AGED ABOUT57YEARS3 4.5. NOS.3 TO5RESIDING AT NO.221, CLASSIC ORCHID BANNERGHATTA ROAD BEHIND MEENAKSHI SUNDRESHAM TEMPLE KOTHUR, BANGALORE560076.6. M/S.C...


Jul 20 2015

Ms. Sushma Sanjappa Vs. Visvesvaraya Technological University

Court: Karnataka

Decided on: Jul-20-2015

- 1 - WP No.28464/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF JULY2015BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.28464/2015 (EDN-RES) R ... PETITIONER BETWEEN: MS.SUSHMA SANJAPPA D/O SRI SANJAPPA AGED ABOUT23YEARS R/AT NO.FF-01, S.V.RESIDENCY1T MAIN, 1ST CROSS, VIJAYA BANK LAYOUT, BANNERGATTA ROAD BENGALURU-560 076. (BY SRI VIJAYA KUMAR FOR B.B.BAJENTRI ASSOCIATES, ADVOCATES) AND:1. 2. (BY MS. SANJANA REDDY, ADVOCATE FOR R1; R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND QUASH THE IMPUGNED ENDORSEMENT DATED0207.2015 ISSUED BY R-1 VIDE ANN-K AS THE SAME IS VIOLATIVE OF ARTICLES14AND16OF THE CONSTITUTION AND ETC. THE PRINCIPAL DAYANANDA SAGAR COLLEGE OF ENGINEERING KUMARASWAMY LAYOUT BENGALURU- 560 078 VISVESVARAYA TECHNOLOGICAL UNIVERSITY BELGAUM DISTRICT, BELGAUM590018 REPRESENTED BY ITS REGISTRAR ... RESPONDENTS TH...


Jul 17 2015

S.R. Sanjeeva Murthy and Another Vs. The Assistant Commissioner and Ot ...

Court: Karnataka

Decided on: Jul-17-2015

1. Heard the learned Counsel for the parties. With their consent, the matter is taken up for final hearing. 2. The facts leading to filing of the impugned order dated 15-11-2014 in an scheme suit bearing O.S.No.21 of 1949-1950 pending on the file of Court of the District Judge, Bangalore as follows: Two persons by name Seebaiah and Narasimaiah had filed a scheme suit under Section 92 of Civil Procedure Code, 1908 relating to the management of two temples namely Bhuvaneshwari Temple which are situated in the Sira Taluk and properties belonging to these two temples as described in the Schedules (a) and (b) appended to the plaint. 3. The suit came to be filed in terms of Section 92 read with Order 7, Rule 1 of Civil Procedure Code, 1908 on behalf of the members of the Lauder Community for declaration to the effect that right of management of two temples situated in Sira Taluk and immovable properties attached to those temples vests in the community constituted by the devotees at the meeti...


Jul 17 2015

The Commissioner of Income-Tax, Mysore and Another Vs. M/s. Khivraj Mo ...

Court: Karnataka

Decided on: Jul-17-2015

(Prayer: This ITA is filed under Sec. 260-A of Income Tax Act 1961 praying to: i. Formulate the substantial Questions of Law stated therein. ii. Allow the appeal and set aside the orders passed by the Income-Tax Appellate Tribunal, Bangalore in ITA No. 1110/Bang/2008, dated 31-3-2009 and confirm the order of the Appellate commissioner confirming the order passed by the Assistant Commissioner of Income Tax, Circle “ 9(1), Bangalore, in the interest of Justice and Equity.) Aravind Kumar, J. 1. Revenue is in appeal assailing the order of the Income Tax Appellate Tribunal (ITAT) passed in ITA No. 1110/Bang/2008 dated 31.03.2009 whereunder the appeal filed by the Revenue questioning the order of the CIT (Appeals), came to be dismissed by accepting the plea of the respondent-assessee and allowed the appeal of the assessee which was allowed, came to be confirmed. 2. The assessee is a firm and was in occupation of the premises No. 135/1, Residency Road as a tenant for long numbers of yea...


Jul 17 2015

P. Sharadamma and Others Vs. Harisha and Another

Court: Karnataka

Decided on: Jul-17-2015

(Prayer: This MFA is filed under Section 173(1) of MV Act, against the judgment and award dated 29.4.2004 passed in MVC.No. 101/1999 on the file of the Civil Judge (Sr.Dn.), JMFC, Tiptur, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. Claimant nos. 1, 3 and 4 in MVC No. 101/1999 on the file of MACT, Tiptur, have come up in this appeal seeking enhancement of compensation for the death of their father Basavaraju in the road traffic accident dated 14.01.1999, at about 9.00 p.m. involving a Matador bearing registration No.KA-30-5955. 2. The claim petition was filed by the wife and three minor children and also the parents of the deceased Basavaraju. Admittedly, the accident is dated 14.01.1999 and it was stated that Basavaraju was doing Bangle and stationary business. The court below on appreciation of oral and documentary evidence available on record, allowed the claim petition in M.V.C. No. 101/1999 awarding a total compensation in a sum ...


Jul 17 2015

Amjadulla Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Jul-17-2015

1. The detention order passed by the Commissioner of Police, Bangalore dated 18-3-2015 under Section 3(2) read with Section 3(1) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985 ( ˜Goonda Actfor short) and the order of confirmation passed under Sections 12(1) and 13 of the Goonda Act, are called in question in this writ petition. 2. Sri Lakshmikanth Rao, learned Advocate appearing on behalf of the petitioner taking us through the grounds of detention and the order of detention submits that the crimes noted in the grounds of detention, based on which the detention order is passed are not having proximity to the detention order, inasmuch as the crimes as noted in the grounds of detention are committed either in the year 2014 or prior thereto. He further submits that the last crime committed by the detenue is on 19-5-2014 and therefore the order of detention is liable to be qu...


Jul 17 2015

Mohammad Sharif and Others Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Jul-17-2015

(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C. seeking to enlarge the petitioners on bail in Crime No.7/2015, registered by Nippani Town P.S., for the offences punishable under Sections 379, 411 of IPC and Sections 86, 87 of K.F. Act.) 1. The petitioners in both the petitions are before this Court being aggrieved by the order passed by the Court of Principal Sessions Judge, Belagavi in Criminal Miscellaneous Nos.116/2015 and 127/2015 rejecting their prayer to enlarge them on bail in Crime No.07/2015 2. A gist of the prosecution case is as follows: The complainant is the CPI, Nippani Circle. It is stated that on 22.01.2015 at about 3:30 p.m. on receipt of credible information, the complainant marshalled his staff and co-panchas and thereafter proceeded in their Jeeps and occupied a spot near Laxmi Petrol Bunk on AH-7 and remained there is an inconspicuous manner and at about 4:15 p.m. they observed one red colored car and one truck, behind the truck one silvered c...


Jul 17 2015

B. Narayana Rao Vs. Syndicate Bank, Represented by its Chairman and Ma ...

Court: Karnataka

Decided on: Jul-17-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 20.10.2012 vide Annexure-L and the order dated 31.12.2012 vide Annexure- N both passed by the respondent/Syndicate Bank and direct the respondent/Bank by issue of a writ in the nature of mandamus directing the bank to pay the petitioner full pension as admissible to him under the Syndicate Bank (Employees) Pension Regulations, 1995 and all other consequential benefits along with interest at the rate of 12% p.a. from the date the amount fell due till the date of payment.) 1. Aggrieved by the order dated 31.12.2012 passed by the Chief Manager, Syndicate Bank, whereby the Chief Manager has reduced two-third of the pension payable to the petitioner, the petitioner has approached this Court. 2. Briefly the facts of the case are that on 22.5.1972 the petitioner was appointed as a Clerk in the Syndicate Bank. From 1972-2006, considering his excellent service to the ban...


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