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Karnataka Court September 2015 Judgments

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Sep 10 2015

Mr Arjun M Menda Vs. Smt Narasamma

Court: Karnataka

Decided on: Sep-10-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF SEPTEMBER, 2015 BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY REGULAR FIRST APPEAL No.150 OF2010(SP) BETWEEN: Mr. Arjun M. Menda, S/o. Madandas, Aged 76 years, Presently at St. Josephs Building Complex, 28, M.G. Road, Bangalore-560 001. Represented by Shri Gopal L Raheja, GPA Holder. (By Shri G. Krishna Murthy, Senior Advocate for Shri A. Murali, Advocate) AND:1. Smt. Narasamma, W/o. late Subbaiah, Presently at No.5 (New No.9), Cunningham Crescent Road, Bangalore-560 052.2. Shri Venkatanarayana, S/o. late Subbaiah, APPELLANT2Presently at No.5 (New No.9), Cunningham Crescent Road, Bangalore-560 052.3. Shri Cowasjee Nesserwanji Dinshaw, Trustee of Sir Hormusji Cowasjee Dinshaw Trust, Residing at Adenwalla Bagh, Tardeo, Mumbai-400 007.4. Mrs. Mukki Rutton Patel, One of the Trustees of Sir Hormusji, Cowasjee Dinshaw Trust, Residing at Adenwalla Bagh, Tardeo, Mumbail-400 007.5. Mr. Y. Subbaraju, S/o. late Muniswam...


Sep 10 2015

Sri H a Srikanth Vs. M/S Sovereign Developers & Infrastructure Limited

Court: Karnataka

Decided on: Sep-10-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL M.F.A.No.4484/2015 c/w M.F.A.No.4992/2015 BETWEEN:1. SRI H.A.SRIKANTH S/O H. ANJANAPPA AGED ABOUT42YEARS2 SRI. H.A. SHASHIKANTH S/O H. ANJANAPPA AGED ABOUT41YEARS BOTH R/AT GEJJIGADAHALLI VILALGE DASANAPURA HOBLI BANGALORE NORTH TALUK ...APPELLANTS (COMMON) (By Sri.T.SESHAGIRI RAO, ADV.) AND1 M/s SOVEREIGN DEVELOPERS & INFRASTRUCTURE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO.16, 2ND & 3RD FLOORS, S.D. COMPLEX, JALADARSHINI LAYOUT NEW BEL ROAD, BANGALORE-54 REP BY ITS DIRECTOR AND AUTHORISED SIGNATORY SRI. PRAKASH KUMAR SINGH22. SRI. VIJAYA REDDY S/O LATE ABBU JAYARAMA REDDY AGED ABOUT57YEARS3 MS. MADHU V. D/O A. VIJAYA REDDY AGED ABOUT30YEARS4 MS. USHA V. D/O A. VIJAYA REDDY AGED ABOUT29YEARS5 VINAY V. S/O A. VIJAYA REDDY AGED ABOUT24YEARS RESPS. 2 TO5ARE R/AT HOUSE NO.865, 1ST A CROSS, PIPELINE ,...


Sep 10 2015

Mohammed Rafeeq @ Patan Vs. State of Karnataka

Court: Karnataka

Decided on: Sep-10-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF SEPTEMBER2015PRESENT THE HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR AND THE HONBLE MR. JUSTICE BUDIHAL R.B. CRIMINAL APPEAL No.1195/2011 BETWEEN: Mohammed Rafeeq @ Patan S/o Sheik Abdul Habib Aged about 41 years R/at No.6, 8th Cross J J Nagar Bangalore. (By Sri Hashmath Pasha, Adv.) AND: State of Karnataka By J J Nagar Police Station Bangalore City. (By Sri Keshavamurthy, SPP-II) .. APPELLANT .. RESPONDENT This Criminal Appeal is filed under Section 374(2) CR.P.C praying judgment dated 15/21.04.2011 passed by the P.O., and Addl. S.J., FTC-XV, Bangalore the in S.C.NO.881/2009 to set aside convicting the 2 appellant/accused for the offence punishable under Section 302 of IPC and etc. This Criminal Appeal coming on for Hearing this day, the MOHAN M. SHANTANAGOUDAR, J., delivered following: JUDGMENT The judgment and order of conviction dated 15.4.2011 passed by Fast Track Court-XV, Bangalore in Sessions Case No.881/...


Sep 10 2015

Kalagondadha Basavannappa Vs. State of Karnataka by Its Secy to the Go ...

Court: Karnataka Dharwad

Decided on: Sep-10-2015

1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE10h DAY OF SEPTEMBER, 2015 BEFORE: THE HONBLE MR. JUSTICE K.N. PHANEENDRA BETWEEN: W.P. No.29314/2002 (LR) 1.2. KALAGONDADHA BASAVANNAPPA, ADOPTED SON OF EERAPPA, AGE:38. YEARS, OCC.: AGRICULTURIST, R/O BATHIKOPPA, TQ: HIREKERUR, DIST.: HAVERI. BASAVANNEPPA SHIVAMURTHAPPA NANDIGAVI, DECEASED BY LRS. 2(A). SMT. ANNAPURNA W/O BASAVANNEPPA NADIGAVI, AGE:70. YEARS, OCC.: HOUSEHOLD WORK. 2(B). SHRI KARIYAPPA S/O BASAVANNEPPA NADIGAVI, AGE:48. YEARS, OCC.: AGRICULTURE, 2(C). SHRI JAYAPPA S/O BASAVANNEPPA NADIGAVI, AGE:46. YEARS, OCC.: AGRICULTURE. 2(D). SMT. GADIGEVVA W/O IRAPPE HALLER, AGE:42. YEARS, OCC.: HOUSEHOLD WORK. ALL ARE RESIDENT OF GUDDADA BEVIN HALLI, TQ: RANNEBENNUR, DIST.: HAVERI. (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR PETITIONER NO.1, SRI DINESH M. KULKARNI, ADVOCATE FOR PETITIONER NO.2(A-D) - PETITIONERS2AND:1. 2.3. STATE OF KARNATAKA BY ITS SECRETARY TO THE GOVT., REVENUE DEPARTMENT, VIDHANASOUDA, BANGALORE. ...


Sep 10 2015

The New India Assurance Co. Ltd. Vs. sri.y.a.mulla

Court: Karnataka Dharwad

Decided on: Sep-10-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10H DAY OF SEPTEMBER, 2015 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY Writ Petition Nos. 65079-65080/2009 (S-R) Between: The New India Assurance Company Limited Represented by its Chairman and Managing Director, Registered Office New India Assurance Building, No.87, M.G. Road Fort, Mumbai 400001, Now represented by its Regional Manager. (By Shri Pradeep S. Sawkar, Advocate) And : Y.A. Mulla S/o. Abdul Latiff Mulla Aged about 63 years, R/o. H. No.211, D Block 2nd Floor, Suvidha Annexe, Keshwapur, Hubli-580023. Petitioner Respondent (By Shri S.K. Hegde, Advocate) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 30.03.2009 (Annexure-L) passed by the appellant Authority :2. : under the Payment of Gratuity Act, 1972, in Appeal No.31 of 2007-B2 and consequently dismiss the appeal filed by the respondent. These petitions coming on for hearing, thi...


Sep 10 2015

Eknath S/O Pandurang Masti, Vs. Roopa W/O Eknath Masti,

Court: Karnataka Dharwad

Decided on: Sep-10-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10h DAY OF SEPTEMBER2015R BEFORE THE HONBLE MR.JUSTICE K.N. PHANEENDRA CIVIL REVISION PETITION NO.100031 OF2015BETWEEN: EKNATH, S/O PANDURANG MASTI AGE33YEARS, OCC: HIGH SCHOOL TEACHER R/O PLOT NO.187, GURUPRASAD NAGAR, MANDOLLI ROAD, BELAGAVI. (BY SRI. S.S. YADRAMI, ADV.) ... PETITIONER AND: ROOPA, W/O EKNATH MASTI AGE27YRS, OCC: NIL, R/O C/O BASAPPA VITHAPPA HOSAKOTI PO MUDALAGI, TQ. GOKAK DIST. BELAGAVI. (BY SRI.PAVAN B. DODDATTI, ADV/) ... RESPONDENT THIS PETITION IS FILED UNDER SEC. 115 OF CPC AGAINST THE ORDER DATED1203/2015 PASSED IN CIVIL MISC.NO.2/2013 ON THE FILE OF THE JUDGE FAMILY COURT, BELAGAVI, ALOWING THE PETITION FILED U/O9RULE13R/W SEC. 151 OF CPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: :2. : ORDER The petitioner-husband has approached this Court calling in question the order passed by the Family Court, Belagavi, in Civil Misc. No.2 of 2013 dated 12/03/2015 wherein the...


Sep 09 2015

Venkatesh and Another Vs. State by Sagar, Rural Police and Others

Court: Karnataka

Decided on: Sep-09-2015

(Prayer: This Criminal Appeal is filed under Section 374(2) Cr.P.C praying to set aside the order dated 21/22.03.2011 passed by the P.O., F.T.C., in S.C.NO.33/2003 “ convicting the appellant/accused for the offences punishable under Sections 498(A) and 304(B) of IPC and under Sections 3, 4 and 6 of D.P. Act 1961. 1. These two appeals are directed against the judgment dated 21.3.2011 passed by the Fast Track Court, Sagar in S.C. NO.33/2003. By the said judgment, the Fast Track Court, Sagar has convicted accused No.1 Venkatesh for the offences punishable under Sections 498A and 304B of IPC and also for the offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act, whereas accused Nos.2 and 3 have been acquitted by the said Court. 2. Accused No.1 has preferred criminal appeal No.381/2011 seeking to set aside the judgment and order of conviction passed against him and sought for his acquittal. Criminal Appeal No.844/2011 is preferred by the State challenging the judg...


Sep 09 2015

Union of India represented by the Secretary to Government of India Min ...

Court: Karnataka

Decided on: Sep-09-2015

(These Writ Petitions are filed under Article 226 and 227 of the Constitution of India, praying to quash/set aside the order dated 6.7.2015 passed by the Hon'ble Central Administrative Tribunal, Bangalore Bench in O.A. No. 617 of 2014 at Annexure-A and confirm the order passed by the disciplinary authority and Appellate Authority at Annexure- D and E.) N. Kumar, J. These writ petitions are filed by the Union of India, seeking writ of certiorari for quashing the order dated 06.07.2015, passed by the Central Administrative Tribunal, Bangalore Bench, in O.A. No.617/2014 and for confirmation of the order passed by the Disciplinary Authority. 2. The respondent, who was working as an Inspector of Customs, Air Cargo Complex, Devanahalli, Bar galore at the relevant point of time, was accused of act of infidelity, unfaithfulness, dishonesty and untrustworthiness amounting to misconduct under Rule 3(1) r/w. explanation of the Central Civil Service (Conduct) Rules, 1964. An enquiry was held. He p...


Sep 09 2015

The State of Karnataka, Police Sub Inspector, Pattanayakanahalli Polic ...

Court: Karnataka

Decided on: Sep-09-2015

(Prayer: This Criminal Appeal is filed U/S 378 (1) and (3) Cr.P.C. by the State P.P. for the state praying to grant leave to file an appeal against the judgment and Order of Acquittal dated: 31.10.11 passed by the Prl. Sessions Judge, Tumkur in S.C. No. 43/09- Acquitting the Respondent/Accused for the offence P/U/S. 436 of IPC.) 1. The judgment and order of acquittal dated 31.10.2011 passed by the Principal Sessions Judge, Tumkur in Sessions Case No. 43/2009 is appealed by the State. By the impugned judgment, the Court below has acquitted the sole accused for the offence punishable under Section 436 of IPC. 2. The case of the prosecution in brief is that, at about 12.30 p.m. on 09.11.2008, when the first informant (PW.1) and his wife were attending to the agricultural work in their agricultural field, the friend of PW. 1 Sri Thimmanna went and informed the first informant and his wife that the first informant's hut is put on fire; immediately, the first informant and his wife and some ...


Sep 09 2015

Parveen Omar Vs. Karnataka State Board of Wakfs, Bangalore and Others

Court: Karnataka

Decided on: Sep-09-2015

1. The petitioner is before this Court assailing the notice dated 14-8-2012 issued under Section 54 of the Walkf Act, 1995 ( ˜the Actfor short). The same is impugned at Annexure-T to the petition. The petitioner is also assailing the order dated 31-10-2012 and the order dated 18-2-2013 at Annexures-Y and JJ to the petition. 2. The petitioner claims that she is the owner of the property bearing No. 449 New No. 84, Ashoka Road, Mysuru. The manner in which the petitioner has acquired the property has been referred to in the petition viz., having succeeded to the right which was acquired under the gift deed as at Annexure-A. The present proceedings had been initiated against the petitioner since a claim was made stating that the property regarding which the notice had been issued to the petitioner in fact is a wakf property. The petitioner has also obtained revenue documents relating to the property in question to contend that the property regarding which the proceedings under Sectio...


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