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Karnataka Court August 2015 Judgments

Aug 20 2015

State of Karnataka and Others Vs. Moti @ Mohan and Others

Court: Karnataka

Decided on: Aug-20-2015

(Prayers: This criminal appeal is filed under Section 378(1) and (3) of the Code of Criminal Procedure by the state public prosecutor for the state praying to grant leave to file an appeal against the judgement dated 2.4.2011/15.4.2011 passed by the district and sessions judge chamarajanagara in special Case.No.108/09 (old no.88/08) - acquitting the respondent for the offences punishable under Sections 341, 326 AND 506 R/W 149 of Indian Penal Code and under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act. This criminal appeal is filed under Section 374(2) of the Code of Criminal Procedure by the appellants/accused praying to set aside the order of conviction dated 2/15.4.2011 passed by the district and sessions judge, chamarajanagar in Special Case No.108/2009 (Old No.88/2008) convicting the appellants/accused for the offences punishable under Sections 143, 323, 325 R/W 149 of Indian Penal Code and etc.) 1. The judgment and order dated 2nd April, 2011 passed by the Sessions Cou...

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Aug 20 2015

Suryakant Shivalingappa Muchandi Hiremutt Vs. The State of Karnataka, ...

Court: Karnataka Dharwad

Decided on: Aug-20-2015

(Prayer: The Writ Petition No.10042/1985 filed under Articles 226 and 227 of the Constitution of India praying to quash the Order at Annexure-A dated 30.6.1979 passed by R-2 Land Tribunal was numbered as RA No.20/1988 before the LRAA, Chikodi and again transferred and registered as present writ petition.) 1. In the year 1985, the petitioner has filed Writ Petition questioning the order passed by the Land Tribunal dated 30.6.1979 in No.LRA/GK/11/19/76-77. After constitution of the Land Reforms Appellate Authority, the same was transferred and a case was registered in LRA No.20/1988 before the Land Reforms Appellate Authority, Chikkodi. After abolition of the Land Reforms Appellate Authority, by virtue of filing of the Civil Petition before this Court, the said Writ Petition was reverted to this Court for consideration. 2. The petitioner has challenged the order of the Land Tribunal on the ground that the land bearing Survey No.54/1+2 situated at Hulikatti Village totally measuring 36 ac...

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Aug 20 2015

State of Karnataka Vs. Aravind Kumar

Court: Karnataka

Decided on: Aug-20-2015

1. The judgment and order dated 26-3-2011 passed by the Presiding Officer, Fast Track Court-VI, Bangalore City in S.C. No.177 of 2010 is called in question in this appeal by the State. By the impugned judgment, the Court below has acquitted the accused for the offences punishable under Sections 498-A and 307 of Indian Penal Code, 1860, but has convicted for the offence punishable under Section 324 of IPC. However the benefit of Section 4 of the Probation of Offenders Act, 1958 is extended to the accused after conviction. 2. Case of the prosecution in brief is that the accused is husband of the victim (P.W.3); their marriage was performed 10 years prior to the incident in question; out of the wedlock, three children are born; since three months prior to the incident in question, the deceased was working as a Supervisor in Gokuldas Garmentssituated near Silk Board Junction, Bangalore; The accused was not looking after the family affairs; in that regard, there was misunderstanding between...

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Aug 20 2015

M/S Kumaraswamy Mineral Exports Vs. The Commercial Manager South Weste ...

Court: Karnataka Dharwad

Decided on: Aug-20-2015

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE20H DAY OF AUGUST, 2015 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY WRIT PETITION No.4076 OF2008(GM-RES) BETWEEN1 M/S KUMARASWAMY MINERAL EXPORTS BY SHANTESH GUREDDI PARTNER NO.87, S.V. COLONY NEAR KUMARASWAMY TEMPLE CLUB ROAD, BALLARI-583 104 2. NECC ROADWAYS BY NEERAJ CHOUDHARY PROPRIETOR NO.718-A, 15TH WARD ASSESSMENT NO.736 SRI. VENKATESHWARA TEMPLE AMARAVATHI, HOSPET-583 201 (By SHRI HARSH DESAI, ADVOCATE) AND1 THE COMMERCIAL MANAGER, SOUTH WESTERN RAILWAY YESHWANTHPUR RAILWAY STATION SANDUR, BALLARI. ... PETITIONERS. 2 2.3. THE CHIEF COMMERCIAL MANAGER SOUTH WESTERN RAILWAY HUBLI. THE WESTERN RAILWAY, GANDHIDHAM RAILWAY STATION, GANDHIDHAM-370 201, GUJARAT, BY ITS CHIEF GOODS SUPERVISOR. (By SHRI S R HEGDE, ADVOCATE FOR R1-R3, R3 IMPLEADED AS PER ORDER DATED2101.2013) ... RESPONDENTS. THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND R2 TO RELESE THE IRON...

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Aug 20 2015

M/S Malind Properties Pvt Ltd Vs. Sri Murugayah Kanapathy

Court: Karnataka

Decided on: Aug-20-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF AUGUST, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE B.MANOHAR COMPA NO.2/2015 BETWEEN1 M/S MALIND PROPERTIES PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT,1956 HAVING ITS REGISTERED OFFICE AT NO.87-A, PURVA PARKRIDGE, MAHADEVAPURA POST, GARUDACHARPALYA, BANGALORE-560 048 REPRESENTED BY ITS MANAGING DIRECTOR SRI DINANAND ADAPALA SRI DINANAND ADAPALA S/O RAMA RAO DASHARATH ADAPALA AGED ABOUT43YEARS SMT. JAYALAKSHMI ADAPALA, W/O DINANAND ADAPALA AGED ABOUT40YEARS M/S INDAUS HOMES A PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING PARTNER SRI DINANAND ADAPALA APPELLANTS-2 TO4ARE R/AT:2. 3.4. AND1 2.3.4. 2 NO.87-A, PURVA PARKRIDGE, MAHADEVAPURA POST, GARUDACHARPALYA, BANGALORE-560 048 (By Sri.D.L.N. RAO, SR. ADV., FOR T.S.VENKATESH, ADV.,) ...APPELLANTS SRI MURUGAYAH KANAPATHY S/O KANAPATHY, ADULT BY AGE SMT SANTHI, D/O MUNIANDY, W/O MURUGAYAH KANAPATHY ADULT BY AGE RESPONDENTS-1 & 2...

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Aug 20 2015

s.s Muchandi Hiremutt Vs. State and Karnataka

Court: Karnataka Dharwad

Decided on: Aug-20-2015

1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE20H DAY OF AUGUST, 2015 BEFORE: THE HONBLE MR. JUSTICE K.N. PHANEENDRA WRIT PETITION NO.22384/1992 (KLRA) BETWEEN: SURYAKANT SHIVALINGAPPA MUCHANDI HIREMUTT R/O. BENCHINAMARDI, TQ:GOKAK, DIST: BELGAUM. PETITIONER (BY SRI H.M. DHARIGOND AND SRI B.M. SIDDAPPA, ADVS.) AND:1. THE STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-1 2. THE LAND TRIBUNAL GOKAK BY ITS SECRETARY, BELGAUM DISTRICT. 2 3. NAGAPPA BASAPPA GIDDANNAVAR R/O. BENCHINAMARDI, TQ: GOKAK BY HIS LRS:3. . SUVARNA W/O. NAGAPPA GIDDANNAVAR. 3B. SHIVALEELA3. BASAVARAJ3. IRAWWA3. KAMALAVVA3, 3D AND3 ARE D/O. AND3 IS S/O. LATE NAGAPPA GIDDANNAVAR R/O. BENCHINAMARDI, TQ: GOKAK. DIST: BELGAUM ERAPPA BASAPPA GIDDANNAVAR R/O. BENCHINAMARDI, TQ: GOKAK, RAMACHANDRA HANMANT PATIL ANNAPPA HANMANT PATIL LAXMAN HANMANT PATIL4 5.6.7. R5 TO R7 ARE R/O. HUBLI DHARWAD ROAD, DHARWAD. 3 8. CHANNAPPA BASAPPA GIDDANNAVAR R/O. BENCHINMARDI, TQ: GOKAK, ...

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Aug 20 2015

smt.laxmibai W/O Baburao @ Manikappa Channagounda Vs. The State Electi ...

Court: Karnataka Kalaburagi

Decided on: Aug-20-2015

1 WP.NO.204483/2015 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE20H DAY OF AUGUST2015BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.204483/2015 (LB-ELE) R BETWEEN: SMT. LAXMIBAI W/O BABURAO @ MANIKAPPA CHANNAGOUNDA AGE:35. YEARS OCC: ELECTED GRAM PANCHAYAT MEMBER R/O DHANNUR (R) VILLAGE TQ. BASAVAKALYAN DIST. BIDAR ... PETITIONER (BY SRI R.S. KADAGANCHI, ADVOCATE) AND:1. 2. 3.4.5. THE STATE ELECTION COMMISSIONER BENGALURU THE DEPUTY COMMISSIONER & DIST. ELECTION COMMISSIONER BIDAR THE TAHSILDAR BASAVAKALYAN & TALUKA ELECTION COMMISSIONER BASAVAKALYAN SMT. SHILPA W/O RAJKUMAR AGE: MAJOR OCC: ELECTED GRAM PANCHAYAT MEMBER R/O HANDYAL THANDA TQ. BASAVAKALYAN DIST. BIDAR 585 327 BASAVARAJ S/O MAILARI AGE: MAJOR OCC: ELECTED GRAM PANCHAYAT MEBER2WP.NO.204483/2015 6.7. 8.9. R/O KHERDA (B) TQ. BASAVAKALYAN DIST. BIDAR 585 327 SMT. SANJANA W/O SHIVANAND AGE: MAJOR OCC: ELECTED GRAM PANCHAYAT MEBER R/O KHERDA (B) TQ. BASAVAKALYAN DIST. BIDAR 585 327 SMT. SAVITA W...

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Aug 19 2015

A.M. Hanumanthe Gowda Vs. The Bangalore Development Authority and Anot ...

Court: Karnataka

Decided on: Aug-19-2015

1. Petitioner's land measuring 22 guntas in Sy.No.164/2 of Ullalu village Yeshwanthapura Hobli, when not acquired for formation of Sri.M.Vishveshwaraiah layout, on the premise, that, the land was put to use for horticulture, nevertheless, the deputy commissioner is said to have permitted its diversion from horticulture to residential purpose, following which, petitioner made an application under Section 32 of the Bangalore Development Authority Act, 1976 (for short Act') for permission to form a private layout, which when not considered, has resulted in this petition for a writ of mandamus. 2. If the land of the petitioner was excluded from acquisition for formation of Sri.M.Vishveswaraiah layout on the premise that it was put to use for horticulture, then it is not known as to how the very same land on a later date can be put to use for forming a private layout. It is also not known as to whether the State Government declared as residential the usage of this land under the Comprehensi...

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Aug 19 2015

Hanumawwa and Others Vs. The Chief Secretary, Government Of Karnataka, ...

Court: Karnataka Dharwad

Decided on: Aug-19-2015

(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents no.3 to 6 to defer the partial award passed by the respondent no.5 dated 31.12.2013 vide Annexure-B and direct the respondents no.3 to 6 to determine the amount of compensation in its entirety under the preliminary notification 28.09.2011 vide Annexure-A as per Section 24 of the Act 2013'.) 1. The petitionersgrievance is that the compensation is not being given to them as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2. The facts of the case in brief are that 387 houses/structures/plots in Anapakatti village are acquired for rehabilitating the persons being affected by the submergence under the backwater of Narayanpur Reservoir, vide preliminary notification, dated 01.10.2011 (Annexure-A) and the final notification, dated 06.06.2012. The sixth respondent Special Land Acquisiti...

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Aug 19 2015

Kataiah Alias Durgada Kataiah and Others Vs. K.S. Riyazuddin and Anoth ...

Court: Karnataka

Decided on: Aug-19-2015

N.K. Patil, J. 1. This appeal by the appellants-claimants is directed against the impugned judgment and award dated 1-3-2013, passed in MVC No. 30 of 2012, by the Senior Civil Judge, Challakere (hereinafter referred to as Tribunalfor short), for enhancement of compensation., on the ground that, a sum of Rs. 4,01,500/- awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till deposit, as against the claim Rs. 21,05,000/-, on account of the death of the deceased Sri Rajanna, in the road traffic accident is inadequate. 2. In brief, the facts of the case are: The appellants are the parents, wife and minor children of the deceased. They filed a claim petition before the Tribunal under Section 166 of Motor Vehicles Act, 1988, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 9-12-2010 at 7.00 p.m. deceased and Nagaraja were taking the sheeps of deceased and ...

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