Karnataka Court August 2015 Judgments
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smt.shoba P Vs. smt.mohini
Court: Karnataka
Decided on: Aug-06-2015
-:1. :- R IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 6TH day of August, 2015 -: PRESENT :- THE HON' BLE MR. SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT APPEAL Nos.2184-2205/2015 (LB-ELE) BETWEEN:1. SMT. SHOBA P, AGED ABOUT33YEARS, W/O DAMODHAR POOJARI, NADUGUDDE MANE, MOOLORU GRAM, GURUPURA POST, MANGALURU TALUK-574 145, DAKSHINA KANNADA.2. SRI. MOHAMMED SADIQ, AGED ABOUT40YEARS, S/O ABDUL REHMAN, NUDUGUDDE MANE, ADDUR VILLAGE AND POST, MANGALURU TALUK, D.K-574 145. (BY SRI: K SUMAN, ADVOCATE.) AND:1. SMT. MOHINI, AGED ABOUT28YEARS, ... APPELLANTS -:2. :- 2.3. 4.5. D/O VENKAMMA, MEMBER OF GURUPURA GRAMA PANCHAYAT, R/AT BADAKARE HOUSE, MULOOR VILLAGE, GURUPURA POST, MANGALURU-574 145. SMT. SHOBHA, AGED ABOUT28YEARS, W/O SRI. ASHOKA, MEMBER OF GURUPURA GRAMA PANCHAYAT, R/AT KALLAKALEMBI HOUSE, MULOOR VILLAGE, GURUPURA POST, MANGALURU-574 145. SRI. K. SADASHIVA SHETTY, AGED ABOUT49YEARS, S/O GOPAL SHETTY, MEMBER OF GURUPURA...
Chandpasha S/O Mohammedsab Ladaf Vs. The State Through P S I
Court: Karnataka Kalaburagi
Decided on: Aug-06-2015
1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE6H DAY OF AUGUST, 2015 BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA CRIMINAL APPEAL. NO.3636/2011 BETWEEN: CHANDPASHA S/O MOHAMMEDSAB LADAF, AGE:45. YEARS, R/O SHAHAPUR, TQ: SHAHAPUR, DIST: YADAGIR. ... APPELLANT (BY SRI ASHOK B. MULGE ADVOCATE FOR SRI BABURAO MANGANE, ADVOCATE) AND: THE STATE THROUGH P.S.I, EXCISE P.S., YADGIR. (BY SRI R.S. PATIL. GOVT. PLEADER) ... RESPONDENT2THIS CRIMINAL APPEAL IS FILED UNDER SECTION3742) OF CR.P.C., PRAYING TO ALLOW THE APPEAL SET ASIDE THE JUDGMENT AND ORDER PASSED IN SPL. CASE NO.1/2011 ON THE FILE OF DISTRICT & SESSIONS JUDGE, AT YADGIRI, DATED227.2011. CONVICTING THE APPELLANT/ ACCUSED FOR THE OFFENCES P/U/S8AND25PUNISHABLE U/S20OF N.D.P.S ACT. THIS APPEAL HAVING BEEN HEARD AND RESERVED ON38.2015 FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY THE COURT PRONOUNCED THE FOLLOWING: JUDGMENT First accused of a criminal case bearing Spl.Case No.01/2011, which was pending on the file of t...
Veena Vs. State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Aug-05-2015
1. Heard the learned Counsel for the petitioner and the learned Government Advocate. 2. The petitioner is said to be the wife of one Sri Rajnikant Bijawad son of Sri Kashappa Bijawad who is the detenue in the present case. The petitioner and her husband are permanent residents of Veerapur Oni, settlement, near T.K. Habib Mill, Hubballi. The detenue is residing with his father, two younger brothers, two wives; one is petitioner and another is Smt. Bhuvaneshwari and they have two male children. It is the case of the respondents that the detenue started real estate business and he was indulging in criminal activities since the year 2000 and he was involved in cases of attempt to murder, rioting, assault, extortion of money, criminal intimidation and threatening innocent people and witnesses etc. It was further alleged that he was involved in five cases namely Cri.No.199 of 2010 registered in Hubballi Town Police Station for the offences punishable under Section 302 amongst other provision...
M/s. Shree Sheele Pvt. Ltd. Vs. The Additional Commissioner of Commerc ...
Court: Karnataka
Decided on: Aug-05-2015
(Prayer: These STAs. are filed under Sec.24(1) of the act against the order dated 13.12.2011 passed in No.SMR/KST/DVO-II and IV/CR-111/2009-10 on the file of the Addl. Commissioner of Commercial Taxes, Zone-II, Bangalore, setting aside the order passed by the FAA vide KST.AP.585 and 586/05-06 dated 18.3.2006 and accordingly directing the AA to issue a revised demand notice.) 1. We have heard Sri KJ.Kamath, learned counsel for the appellant as well as learned HCGP for the respondent and perused the record. 2. This is a classic case of the officer ante-dating an order of revision only in order to overcome the limitation provided under Section 22A of the Karnataka Sales Tax Act, 1957 (for short 'the KST Act'). Before going to merits of the case, we would like to state a few facts with regard to the passing of the revisional order, which is impugned in these appeals. 3. Penalty was imposed on the assessee by the Assessing Officer under Section 5A(3)(i) of the KST Act by an order dated 26.0...
Gajendra alia Bikla Vs. State by C.C.B, N.T. Pet Police, Bangalore
Court: Karnataka
Decided on: Aug-05-2015
Mohan M. Shntanagoudar, J. 1. The judgment and order of conviction and sentence dated 15/16-7-2011, passed by the Fast Track Court-XVII. Bangalore City, in SC No. 874 of 2008 is called in question in these appeals by the convicted accused. By the impugned judgment, the Trial Court convicted the accused for the offences punishable under Sections 302 and 392 read with Section 34 of Indian Penal Code, 1860. Cri. A. No. 1148 of 2011 is filed by accused 2, whereas Cri. A. No. 192 of 2002 is filed by accused 1. 2. Case of the prosecution in brief is that, between 10.00 a.m, and 1.30 p.m. on 16-4-2008, accused 1 and 2 with an intention to rob the gold ornaments in the house of P.W.1-Ramana Rao, situated within the limits of Rajagopalanagar Police Station, entered the house; after noticing that Smt. Gangamma (mother of P.W.1), aged about 75 years (deceased) was alone in the house, squeezed her neck and pressed her face with pillow and kept rice bag on her chest; thereafter the accused robbed c...
S.R. Narayanamurthy Vs. Poornapragna House Building Co-operative Socie ...
Court: Karnataka
Decided on: Aug-05-2015
1. The moot question in these appeals is as to whether a private co-operative society would be amenable to the provisions of Right to Information Act, 2005. Learned Single Judge has, after relying on the decision of this Court in the case of Dattaprasad Co-operative Housing Society Limited, Bangalore v. Karnataka State Chief Information Commissioner, Bangalore and Another 2009(s1) Kar.L.J. 641 : ILR 2008 Kar. 4105, held that since the petitioner-Society is not financed directly or indirectly by the appropriate Government, it would not fall under the definition of public authority and therefore, the provisions of the RTI Act would not be applicable. 2. Heard learned Counsel for parties. 3. Learned Counsel for the appellant has strenuously argued that the overall supervisory control over the co-operative societies would be of the State Government and its officers and thus, would be falling within the meaning of Article 12 of the Constitution of India, more so as the Society is also regis...
Farooka Begaum Vs. The Assistant Registrar of Co-operative Societies, ...
Court: Karnataka Dharwad
Decided on: Aug-05-2015
1. The petitioner has called into question the first respondent's order dated 3-3-2011 (Annexure-B), attaching the properties in question in exercise of the power conferred by the Section 103 of the Karnataka Co-operative Societies Act, 1959. She has also challenged the order dated 8-2-2013 (Annexure-C) passed by the Karnataka Appellate Tribunal ( ˜KATfor short) confirming the said order. 2. Sri A.S. Patil, learned Counsel for the petitioner submits that the first respondent-Assistant Registrar of Co-operative Society has attached the properties belonging to the petitioner and that too without putting her on notice. He submits that she was not even a party to the dispute between the respondents 2 and 3. 3. Sri A.S. Patil submits that resorting to the attachment of the property without even initiating the surcharge proceedings is bad in law. He submits that the petitioner is not at all liable to make good the amounts alleged to have been misappropriated by her husband ( ˜the...
M/S Shree Sheele Pvt Ltd Vs. The Additional Commissioner of Commercial ...
Court: Karnataka
Decided on: Aug-05-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE5H DAY OF AUGUST, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE B. MANOHAR STA NO.25/2012 & STA NO.129/2012 BETWEEN M/S.SHREE SHEELE PVT. LTD. NO.8, 1ST CROSS, SUDHAMANAGAR, BANGALORE-560 027. (BY SRI K.J.KAMATH, ADV.,) ... APPELLANT AND THE ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES, ZONE-II, GANDHINAGAR, BANGALORE-560 009. (BY SRI T.K.VEDAMURTHY, HCGP) ...RESPONDENT THE ORDER DATED THESE STAs. ARE FILED UNDER SEC.24(1) OF THE ACT IN AGAINST NO.SMR/KST/DVO-II & IV/CR-111/2009-10 ON THE FILE OF THE ADDL. COMMISSIONER OF COMMERCIAL TAXES, ZONE-II, BANGALORE, SETTING ASIDE THE ORDER PASSED BY THE FAA VIDE KST.AP.585 & 586/05-06 DATED183.2006 AND ACCORDINGLY DIRECTING THE AA TO ISSUE A REVISED DEMAND NOTICE. 13.12.2011 PASSED THESE STAs. COMING ON FOR FINAL HEARING THIS DAY, VINEET SARAN J.DELIVERED THE FOLLOWING:2. JUDGMENT We have heard Sri K.J.Kamath, learned counsel for the appellant as well a...
Shylaja Vs. Dr. Revanasiddeshwar M. Kunthimath
Court: Karnataka
Decided on: Aug-04-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to set aside the impugned order dated 11.12.2012 passed by the 3rd Additional Principle Judge, Family Court, Bangalore in M.C. No.50/2010 vide Annexure-E and etc.) 1. The petitioner is before this Court assailing the order dated 11.12.2012 passed in M.C.No.50/2010 at Annexure-E and also the order at Annexure-C passed on I.A.No.8. 2. The petitioner herein is the respondent in M.C.No.50/2010. The relationship between the parties is not in dispute. The petitioner herein is the wife of the respondent. In a petition filed by the respondent-husband seeking dissolution of their marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, the respondent herein had been examined as P.W.1. After being cross-examined to some extent, when it was listed for further cross-examination of P.W.1, since according to the Court below the petitioner had not utilized the opportunity granted, the ...
V.M. Giri Vs. The Regional Commissioner, Bangalore and Others
Court: Karnataka
Decided on: Aug-04-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned orders dt. 10.12.2012 passed by the R-1 vide Annx-A and the orders of the R-2 dt.18.2.2011, vide Annx-G.) 1. The petitioner is before this Court assailing the order dated 10.12.2012 passed by respondent No. 1 at Annexure-A and the order dated 18.02.2011 passed by respondent No.2 at Annexure-G to the petition. 2. The petitioner had made an application seeking Arms License and he had been granted such license on 29.03.2010. On the allegations that the petitioner had involved himself in criminal cases in Cr.Nos.319/2010, 377/2010 and 222/2010, the license has been revoked by order dated 18.02.2011 at Annexure-G. The petitioner had preferred an appeal as contemplated under Section 18 of the Arms Act. The Appellate Authority while considering the appeal, as per the ordered dated 10.12.2012 dismissed the appeal. The petitioner claiming to be aggrieved is before this Cour...
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