Karnataka Court September 2015 Judgments
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Shanthu Gurum Vs. State of Karnataka, rep. by Chief Secretary to Gover ...
Court: Karnataka
Decided on: Sep-03-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the Respondents to execute a formal lease deed in Form-E pursuant to the Notification dt.10.12.2007 issued by Govt. of Karnataka vide Annx-A and etc.) Subhro Kamal Mukherjee, A.C.J. 1. Mr. R.G. Kolle, learned advocate appearing for the petitioner, strenuously, argues that there was no justification on the part of the authorities for not issuing licence for granite operation in respect of the patta land of the writ petitioner. 2. Mr. Y.H. Vijay Kumar, learned additional government advocate, submits that there have been amendments in the previous granite mining lease providing that there could not be any lease in respect of lesser than 2.2 acres of land. 3. Mr. Kolle is right in pointing out that two expressions are used in the rules lease and licence. It is expected that Legislature would not have used two different expressions, if they were to convey the same meaning. Mr. Kol...
Malappa Vs. The Returning Officer, Chikkaballapur District and Another
Court: Karnataka
Decided on: Sep-03-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 10.8.2015 passed in I.A.No.2 at Annexure-A granting temporary injunction restraining the petitioner from functioning as president of Vatadahosahalli Gram Panchayath, passed by Civil Judge (Jr Dvn) JMFC, Gudibande in Misc. Election Petition No.3/2015, and etc.) 1. While challenging the legality of order dated 10.08.2015 passed by the Civil Judge (Jr.Dn.) and JMFC, Gudibande, whereby, the petitioner has been prohibited from exercising his power as the President of Vatadahosahalli Gram Panchayath, the petitioner has raised an interesting question with regard to the interpretation of Rule 14 of the Karnataka Panchayath Raj (Election of Adhyaksha and Upadhyaksha of Gram Panchayath) Rules, 1995 (henceforth referred to as the Rules of 1995'). 2. Before dealing with the legal contentions raised with regard to Rule 14 of the Rules of 1995, the factual canvass of this cas...
L and T Housing Finance Ltd Vs. Vasu Krishnamurthy and Another
Court: Karnataka
Decided on: Sep-03-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the II Addl. Chief metropolitan Magistrate Bangalore to pass orders in Crl.Misc.No.3305/2015 on the file of the II Addl. Chief Metropolitan Magistrate Bangalore as contemplated under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and take possession of the mortgaged schedule property and hand over the same to the petitioner and etc.) 1. Though the petition is listed for preliminary hearing, it is taken up for final disposal in the given facts and circumstances. 2. Notice to the respondents is dispensed with since no relief is sought against them. 3. The petitioner herein is a financial institution registered with the National Housing Bank Act, 1987, and with the Reserve Bank of India as a Securitization and Reconstruction Company under the provisions of Section 3 of the Securitisation and Reconstruction o...
K.G. Pramila and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Sep-03-2015
1. Land measuring 1 acre 5 guntas in Sy.No.33 of Kengeri Village, Kengeri Hobli, Bengaluru South Taluk, amongst other lands proposed to be acquired pursuant to the preliminary notification on 16-12-1999, Annexure-F, under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 1894 Act for short) and a final notification dated 13-2-2001, Annexure-G, under Section 6(1) of the 1894 Act led to framing an award dated 15-3-2003, Annexure- J, following which possession of the land was taken by issue of a notification on 6-5-2004, Annexure-R7 to the Statement of Objections of respondent 4, under Section 16(2) of the 1894 Act, nevertheless, on the allegation that compensation is not paid, the land losers have presented these petitions for the following reliefs: (a) Declare by issuing appropriate writ or order, declaring that the entire acquisition proceedings initiated vide preliminary notification issued under Section 4(1) dated 16-12-1999 bearing No. LAQ[2] SR: 16:1999-200...
Sardar Vs. State of Karnataka
Court: Karnataka Kalaburagi
Decided on: Sep-03-2015
1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE3D DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA CRIMINAL APPEAL NO.579/2015 BETWEEN:1. SARDAR S/O HATIRAM JADHAV NOW AGED28YEARS, OCC: COOLIE R/O ERAKPALLI THANDA, TQ. NARAYANKHED DIST. MEDAK (AP) 2. GYANESHWAR S/O BABURAO NOW AGED29YEARS, OCC: COOLIE R/O GOTAKA THANDA TQ. LOHA DIST. NANDED MAHARASHTRA STATE3 DEVIDAS S/O BALAJI CHAVAN NOW AGED38YEARS OCC: COOLIE R/O CHONDI THANDA TQ. LOHA DIST. NANDED, MAHARASHTRA STATE4 VIJAYKUMAR S/O BAPURAO CHAVAN NOW AGED28YEARS, OCC: COOLIE R/O CHONDI THANDA TQ. LOHA DIST. NANDED, MAHARASHTRA STATE (BY SRI. ANIL KUMAR NAVADI, ADV.) ... APPELLANTS2AND: THE STATE THROUGH HALLIKHED POLICE STATION TQ. HUMNABAD DIST. BIDAR. (BY SRI. P.S. PATIL, HCGP) ... RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION3742) CR.P.C BY THE ADV. FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:18.4.2015 AND SENTENCE DATED224.2015,...
Shri Shanthu Gurum Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-03-2015
-:1. :- R IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 3rd day of September, 2015 -: PRESENT :- THE HON' BLE MR. SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION No.7902/2015 (GM-MM-S) BETWEEN: SHRI. SHANTHU GURUM, AGED ABOUT54YEARS, S/O (LATE) SHANTHAPPA GURUM, RESIDING AT4H WARD, HOSPET GALLI, ILKAL-517 825, HUNGUND TALUK, BAGALKOTE DISTRICT. ... PETITIONER (BY SRI: R.G.KOLLE, ADVOCATE) AND:1. STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, BENGALURU-560 001.2. SECRETARY TO GOVERNMENT, DEPT. OF COMMERCE & INDUSTRIES, VIKAS SOUDHA, BENGALURU-560 001.-.:2. :- 3. THE DIRECTOR, DEPT. OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. ... RESPONDENTS (BY SRI: Y H VIJAY KUMAR, ADDITIONAL GOVERNMENT ADVOCATE) ****** THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO EXECUTE A FORMAL LEASE DEED IN FORM-E...
L and T Housing Finance Ltd Vs. Sri. Vasu Krishnamurthy
Court: Karnataka
Decided on: Sep-03-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE3D DAY OF SEPTEMBER2015BEFORE THE HONBLE MRS.JUSTICE RATHNAKALA WRIT PETITION NO.35696/2015 (GM-RES) BETWEEN: L & T HOUSING FINANCE LTD., BRANCH OFFICE, UNIT NO.1, NO.116, 3RD FLOOR PRIDE HULKAL, BANGALORE- 560 027 REPRESENTED BY ITS AUTHORISED OFFICER SRI.BHASKAR REDDY N., AGED ABOUT30YEARS . ...PETITIONER (BY SRI AMITH BAJAJ FOR SRI B.S.MAHENDRA, ADV.) AND:1. SRI. VASU KRISHNAMURTHY S/O S.P.KRISHNAMURTHY AGED ABOUT49YEARS, 2. SMT. PRIYA KRISHNAMURTHY W/O VASU KRISHNAMURTHY AGED ABOUT44YEARS, BOTH ARE R/AT HOUSE NO.135D, BLOCK V JAYA NAGAR EXTENSION, 2 BANGALORE, KARNATAKA 560 011. (NOTICE TO RESPONDENTS DISPENSED WITH V/O DATED0309/2015) THIS WRIT PETITION IS FILED UNDER ARTICLES226...RESPONDENTS AND227OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE II ADDL. CHIEF METROPOLITAN MAGISTRATE BANGALORE TO PASS ORDERS IN CRL. MISC. NO.3305/2015 ON THE FILE OF THE II ADDL. CHIEF METROPOLITAN MAGISTRATE BANGALORE AS CONTEMPLAT...
The State of Karnataka, Vs. Istak Ahmad Mahammadsaheb,
Court: Karnataka Dharwad
Decided on: Sep-03-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE3D DAY OF SEPTEMBER, 2015 PRESENT THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY AND THE HONOURABLE MRS.JUSTICE S.SUJATHA Miscellaneous First Appeal No.100722/2014 (LAC) Connected With Miscellaneous First Appeals No.100723, 100724, 100725 And 100726 of 2014 Between:1. 2. The State of Karnataka Represented by Principal Secretary, Revenue Department, M.S. Building, Bangalore. The Special Land Acquisition Officer B.T.D.A., U.K.P., Bagalkot. Appellants (Common) (By Shri K.S. Patil, High Court Government Pleader) And : Istak Ahmad Mohammadsaheb Gadaginni. (By Shriyuths Respondent (In M.F.A. No.100722/2014) and Manjunath A. Jagadish Patil Karigannavar, Advocates for caveator respondent No.1) :2. : And : Imam Saheb Mohammadsaheb Gadaginni, R/o. Bagalkot. Respondent (In M.F.A. No.100723/2014) (By Shri Jagadish Patil, Advocate for caveator respondent No.1) And : Mohammadhanif Hussainsab Gadaginni. Respondent (In M.F.A. No.100724/...
Rangappa and Others Vs. Nagappa and Others
Court: Karnataka Dharwad
Decided on: Sep-02-2015
(Prayer: This RSA is filed under Section 100 of C.P.C. Praying to set-aside the order dated 6.10.2012 passed by the learned district judge, Koppal, dismissing the I.A.No.1 for condonation of delay in filing the appeal and consequently dismissing the RA.83/2011, by confirming the judgment and decree dated 26.7.2010 passed by the learned senior Civil Judge, Koppal, in O.S.No.69/2007, and Etc.) 1. Though the matter is listed for admission, by content the matter is taken up for final hearing. 2. This is a appellants/plaintiffssecond appeal against the judgment and decree dated 6.10.2012 made in R.A.No.83/2011 on the file of the District Judge, Koppal, dismissing the appeal on the ground of delay of 380 days in filing the appeal and confirming the judgment and decree dated 26.07.2010 made in O.S.No.69/2007 on the file of the Senior Civil Judge, Koppal, dismissing the suit for declaration and permanent injunction. 3. The plaintiffs filed the suit for declaration that the sale deed dated 19.0...
A.H. Makandar and Others Vs. N. Ramachandran
Court: Karnataka Kalaburagi
Decided on: Sep-02-2015
(Prayer: This Crl.A. is filed u/s. 374(2) of Cr.P.C by the advocate for appellant praying that this Hon'ble court to set aside the Judgment and order of conviction dated 24.06.2014 passed by the Principal Sessions Judge and Human Rights Court, Bijapur in Special (Human Rights) Case No: 1/2011 wherein convicting the accused/appellant p/u/s 355 of IPC.) 1. Heard the learned counsel for the appellants and learned counsel for the respondent-complainant. 2. The present appeal is filed under Section 374, Cr.P.C. challenging the judgment of conviction and sentence passed by the Principal Sessions Judge and presiding officer of Human Rights Court at Bijapur in Spl. (HR) 1/11. On the basis of a complaint filed under Section 2(d) of the Protection of Human Rights Act, (hereinafter referred to as the Act, for brevity) before the Special Court at Bijapur, a trial was held against these petitioners for the offence punishable under Section 355, I.P.C. Ultimately all the appellants have been convicte...
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