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Karnataka Court November 2016 Judgments

Nov 30 2016

B.N. Krupananda Vs. The Secretary, Rural Development and Panchayath Ra ...

Court: Karnataka

Decided on: Nov-30-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notices at Annexures-A and B Dated 01.01.2016 and 06.02.2016 issued by R-2.) Mr.Nagarajappa A., Advocate for Petitioner. Mr. V.Sreenidhi, AGA for Respondents. 1. The petitioner-Mr.B.N.Krupananda, a member of the Basavanahalli Grama Panchayat has filed this writ petition before this court under Article 226 of the Constitution of India seeking a quashing of impugned show cause notice given to him vide Annexure-A dated 01.01.2016 under Section 43A of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (hereinafter referred to as `Act of 1993') calling upon him to show cause as to why sanction for construction of a Function Hall was issued by him when he was a `Adhyaksha' of said Grama Panchayat during his previous term in the year 2005-10. The petitioner held the office of the `Adhyaksha' of said Grama Panchayat upon being elected in the election to the Grama Panchayat in th...

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Nov 30 2016

Lakshmamma and Another Vs. The Special Land Acquisition officer UTP an ...

Court: Karnataka

Decided on: Nov-30-2016

(Prayer: This MFA is filed under Section 54 of the Land Acquisition Act, against the Judgment and award dated 28.10.2010 passed in LAC No.47/2005 on the file of the Principal Senior Civil Judge, Shimoga.) Oral: H.G. Ramesh, J. 1. How to determine the value of the subject matter of the reference proceeding before the Civil Court (Reference Court) in the absence of claiming any specific amount in the application under Section 18(1) of the Land Acquisition Act, 1894 or before the Reference Court? This is the short question that required to be determined in view of the objection raised by the Registry on the appeal. It is relevant to state that the value of the subject matter of the reference proceeding is necessary to determine the appellate forum provided under Section 19 of the Karnataka Civil Courts Act, 1964. 2. This is an appeal presented by landowners under Section 54 of the Land Acquisition Act, 1894 as amended in Karnataka (`the Act ), for enhancement of the compensation awarded b...

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Nov 30 2016

Smt Lakshmamma Vs. The Special Land

Court: Karnataka

Decided on: Nov-30-2016

MFA No.2434/2015 -1- IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE30H DAY OF NOVEMBER2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND R THE HONBLE MR. JUSTICE JOHN MICHAEL CUNHA MISCELLANEOUS FIRST APPEAL NO.2434/2015 (LAC) BETWEEN :1. 2. SMT. LAKSHMAMMA W/O LATE CHIKKANNA C.S.KRISHNAMURTHY S/O LATE CHIKKANNA BOTH ARE RESIDENTS OF BOMMANAKATTE, SHIMOGA 577 201 ...APPELLANTS (BY SRI SANGAMESH G. PATIL, ADVOCATE) AND :1. 2. THE SPECIAL LAND ACQUISITION OFFICER UTP, SHIMOGA 577 201 THE EXECUTIVE ENGINEER UTP SHIMOGA 577 201 ...RESPONDENTS THIS MFA IS FILED UNDER SECTION54OF THE LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED2810.2010 PASSED IN LAC NO.47/2005 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, SHIMOGA. THIS MFA COMING ON FOR ORDER ON OFFICE OBJECTION RAISED ON THE APPEAL, THIS DAY, H.G.RAMESH J., MADE THE FOLLOWING: MFA No.2434/2015 -2- ORDER H.G.RAMESH, J.(Oral): How to determine the value of the subject matter of the reference proceeding before t...

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Nov 30 2016

Sri B N Krupananda Vs. The Secretary

Court: Karnataka

Decided on: Nov-30-2016

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE30H DAY OF NOVEMBER, 2016 BEFORE THE HONBLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.8988 OF2016(LB-RES) BETWEEN: SRI.B.N.KRUPANANDA, S/O B.NAGARAJU, AGED ABOUT40YEARS, MEMBER, BASAVANAHALLI GRAMA PANCHAYATH, NELAMANGALA TQ, KASABA HOBLI, BANGALORE RURAL DISTRICT- 562 123. (BY SRI.NAGARAJAPPA A., ADVOCATE) AND:1. THE SECRETARY, RURAL DEVELOPMENT & PANCHAYATH RAJ DEPARTMENT, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. ..PETITIONER2 DEPUTY DIRECTOR AND EX-OFFICIO UNDER SECRETGARY TO GOVERNMENT, RURAL DEVELOPMENT & PANCHAYAT RAJ DEPARTMENT, VIKASA SOUDHA, Date of order:30.11.2016. W.P.No.8988/2016 B.N.Krupananda vs. The Secretary, Rural Development and Panchayath Raj Department and anr 2/24 DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. (BY SRI V.SREENIDHI, AGA) ..RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES AT ANNEXURES-A & B DATED0101.2016 AND06...

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Nov 29 2016

Yallappa Vs. The Returning Officer (President and Vice-President Elect ...

Court: Karnataka Dharwad

Decided on: Nov-29-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned Notice Dated: 22.11.2016 issued by the 1st Respondent as per Annexure-A and direct the 1st Respondent to conduct the elections of Malali Gram Panchayat for the post of President and Vice-President by issuing fresh Calendar of events and permitting the Petitioner to submit the nomination to the post of President.) 1. The petitioner is before this Court being aggrieved by the impugned election meeting notice bearing No.GraPamChu Vahi: 551:2016-17 dated 22.11.2016 calling for reconvening of the adjourned meeting which was proposed as a continuation of the meeting that was called for on 21.11.2016 whereby the calendar of events for the election of the Adhyaksha and Upadhyaksha of the Malali Grama panchayath was set in motion. 2. Heard the learned counsel for the petitioner, learned counsel for respondent No1-Returning Officer and the learned AGA for respondents 2 to 5....

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Nov 29 2016

Kareppa and Others Vs. Basangouda Bygawat and Another

Court: Karnataka

Decided on: Nov-29-2016

(These writ petitions are filed under Articles 226 and 227 of the Constitution of India with A Prayer to quash the order dated 09.03.2015 passed by the R2 vide Annexure-C.) Mr.Nandish Patil Adv. for Petitioner Mr.Hareesh Chandra M. for Sri.K.N.Phanindra Adv. For Respondents Disqualification on Defection-Separation from Political Party - Whip disobeyed 1. These writ petitions have been filed by Sri.Kareppa and six others. The seven petitioners in number were elected members of Taluk Panchayat, Kavital Village, Manvi Taluk, Raichur District on the tickets of their recognized political party - Bharatiya Janata Party. 2. In the election of Adhyaksha and Upadhyaksha, which took place on 03.01.2014, the present seven petitioners did not follow the whip issued by the party and voted against the Bharatiya Janata Party and therefore on a complaint filed against them by the respondent Sri.Basanagouda Bygawat, District President of BJP, the respondent No.2-the State Election Commission, Karnataka...

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Nov 29 2016

Sri Kareppa Vs. Sri Basangouda Bygawat

Court: Karnataka

Decided on: Nov-29-2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 29th day of November, 2016 Before THE HONBLE DR. JUSTICE VINEET KOTHARI WRIT PETITION NOS.11359-11365 OF2015(LB-ELE) Between 1.2. 3.4.5. SRI.KAREPPA MEMBER TALUK PANCHAYAT KAVITAL 1 AGE :52. YEARS R/O KAVITAL VILLAGE 584 123 TQ. MANVI, DIST: RAICHUR. SRI.SHIVARAJ MEMBER TALUK PANCHAYATH CHICKALAPARVI AGE:49. YEARS R/O CHIKALAPARVI VILLAGE TQ: MANVI, DIST: RAICHUR 584 123. SMT.NARASAMMA MEMBER TALUK PANCHAYATH KAPAGAL AGED35YEARS KAPAGAL VILLAGE TQ: MANVI, DIST:RAICHUR 584 123. SMT.BHEEMAVA MEMBER TALUK PANCHAYAT KURUKUNDA AGED40YEARS R/O KURUKUNDA VILLAGE TQ:MANVI, DIST: RIACHUR 584 123. SMT.VIJAYLAXMI NADAGOUDA MEMBER TALUK PANCHAYAT POTNAL DATE OF ORDER:29.11.2016 IN WP NOS.11359-11365/2015 SRI.KAREPPA & OTHERS Vs SRI.BASANGOUDA BYGAWAT & ANOTHER229 6.7. AGED40YEARS R/O POTNAL VILLAGE TQ: MANVI, DIST: RAICHUR 584 123. SMT.VEENA MEMBER TALUK PANCHAYATH TORANDINNI AGED30YEARS R/O TORANDINNI VILLAGE TQ:MANVI, DIST:RAICHUR...

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Nov 28 2016

V. Dhamodaran and Others Vs. Bruhat Bangalore Mahanagara Palike and Ot ...

Court: Karnataka

Decided on: Nov-28-2016

(These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, Praying to quash the impugned relinquishment deed dated 04-05-2012 at Annex-M executed by R8 and R9 in favour of R1 as illegal, non-est, invalid, null and void-ab- initio.) 1. These three writ petitions have been filed by three individuals, Mr V. Dhamodaran, Mr. K. Srinivasa Reddy and Mr.S.M. Shivakumar appear to be out on a demolition and annihilation drive, claiming to be the champions of public cause for a clean-up drive against 18 Respondents, some of them being public bodies like Bruhat Bengaluru Mahanagara Palike(BBMP), Assistant Director of Town Planning, Deputy Commissioner of BBMP, Joint Commissioner of BBMP, etc,, while the remaining are the private parties, viz., the Builders against whose constructions, several violations have been alleged by the petitioners and the following reliefs are claimed in the aforesaid writ petitions:- "a) Quash the impugned Relinquishment Deed dated 04-05-201...

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Nov 28 2016

Vishwas Concrete Products Private Limited, Represented by its Managing ...

Court: Karnataka

Decided on: Nov-28-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notice issued by the respondent at Annexure-K dated 24.11.2015 and etc.) 1. The petitioner, Vishwas Concrete Products Private Limited, engaged in the business of running a concrete mixing industrial unit situated at Chandapur and Yelahanka villages is naving a HT power supply to the extent of 200 KV from the respondent-BESCOM and had been paying concessional rate of power supply under category HT-2(a) of the Tariff Schedule published by the respondent- BESCOM, as applicable to the industrial units. 2. Being aggrieved by the order at Annexure-C dated 22.07.2016 passed by the Assistant Executive Engineer (El), Attibele Sub-Division, Chandapura, demanding difference of power tariff, treating the petitioner's unit as falling under HT-2(b) category, which provides for a higher tariff rate applicable to commercial establishments and the demand of Rs.13,05,908.00 was raised agains...

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Nov 28 2016

Sanjeevareddy Vs. Mruthyunjaya and Others

Court: Karnataka Dharwad

Decided on: Nov-28-2016

(Prayer: This Criminal Appeal is filed under Section 372 of Criminal Procedure Code seeking to set aside the Judgment of acquittal of Respondents, Dated 14.06.2006 passed in Sessions Case No.59 of 2002 by the Learned District and Sessions Judge, Haveri and to convict and Sentence them.) 1. The case of the prosecution is that on 19th January 2002, the accused and the deceased had quarreled in respect of the land. That a life threat was given by accused No.1 to the deceased. On the same night, the deceased had gone to Kerekoppa village to attend Vemana Jayanti function. When he returned to Marol village after midnight along with PW-23 on a motorcycle, the accused with a common object of committing his murder, caused severe injuries to PWs-1 to 3 and also assaulted the deceased. The deceased and the injured were shifted to the hospital, wherein the deceased succumbed to the injures. 2. Based on the same, a case was registered against ten accused for the offences punishable under Sections ...

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