Karnataka Court November 2016 Judgments
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Mr Shaikh Ibrahim Shaheel Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-08-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE8H DAY OF NOVEMBER, 2016 R BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.56624-56625 OF2016(EDN. EX.) Mr. SHAIKH IBRAHIM SHAHEEL, S/O ABDUL AZEEZ, AGED ABOUT20YEARS, R/A GRACE VILLA, OPP. MODERN CEMENT WORKS SILVA ROAD, VELENCIA, MANGALORE, D.K. DISTRICT 575 003. Mr. MOHAMMED ZAHID, S/O G.HAMEED, AGED ABOUT20YEARS, R/A SUHAIL APARTMENT, NO.101, KUDROLI, MANGALORE 575 003, D.K.DISTRICT. BETWEEN:1. 2. (BY SRI B. LETHIF, ADV.) AND:1. 2. ...PETITIONERS STATE OF KARNATKA, SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, VIKASA SOUDHA, Dr. B.R.AMBEDKAR VEEDHI, BANGALORE 560 001. MANGALORE UNIVERSITY, REP. BY ITS REGISTRAR, KONAJE, NEAR DERLAKATTE, 3. 2 MANGALORE, D.K. DISTRICT 575 101. THE PRINCIPAL, MILAGRES COLLEGE, HAMPANAKATTA, MANGALORE, D.K.DISTRICT 575 001. ... RESPONDENTS (BY SRI PRAMODHINI KISHAN, HCGP FOR R1 SRI T.P. RAJENDRA KUMAR SUNGAY, ADV. FOR R2 SRI DEEPAK, ADV. FOR R3) THESE WRIT PETITIO...
Lakshmi and Another Vs. New India Assurance Co. Ltd., and Another
Court: Karnataka
Decided on: Nov-07-2016
(Prayer: This M.F.A. is filed under Section 173(1) of M.V. Act against the Judgment and award dated 11.07.2011 passed in MVC No.7905/2009 on the file of the II Additional Judge, Court of Small Causes, MACT, Bengaluru, dismissing the claim petition for compensation.) 1. This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Bangalore, [the Tribunal , for short] in MVC No.7905/2009, whereby the claim petition filed by the claimants is dismissed. 2. Briefly stated the facts are: That the claimants, claiming to be the mother and mother-in-law of the deceased Somachari @ Ramachari filed a claim petition, seeking compensation for the death of the said Somachari in a road traffic accident which occurred on 19.7.2009 while the deceased was riding the scooter bearing registration No.KA-02-9999, alleging actionable negligence on the rider of the TVS Excel moped bearing No.KA-05-EC-8011. It was contended that immediately after the accident, the decea...
K. Harish Babu Vs. Union of India by the Ministry of Home Affairs and ...
Court: Karnataka
Decided on: Nov-07-2016
(Prayer: This Writ Petition is Filed Under Articles 226 and 227 of The Contitution of India, Praying to quash the Movement Order dated 16-10-2014 Issued by Respondent No.2 Vide Annexure-A, and Etc.) 1. The petitioner has challenged the movement order dated 16.10.2014, passed by the office of the Assistant Commandant, Central Industrial Security Force (for short, the C.I.S.F ), and the order dated 8.7.2015, passed by the Director General, C.I.S.F. By the former order, the petitioner was transferred from Bengaluru to Neyveli in Tamil Nadu. By the latter order, the Director has rejected the petitioner s representation 2. The brief facts of the case are that the petitioner is working as Constable in the C.I.S.F, Bengaluru. By order dated 16.10.2014, the petitioner was transferred from Bengaluru to Neyveli. The petitioner has challenged the same by filing in this writ petition. By order dated 3.6.2015, this Court had directed the petitioner to submit a detailed representation to the Direct...
Durugamma Vs. S.G. Naresh and Others
Court: Karnataka
Decided on: Nov-07-2016
(Prayer: This M.F.A. is filed under Section 173(1) of M.V.Act against the Judgment and Award Dated 27.11.2010 passed in MVC No.78/2009 on the file of the Senior Civil Judge and Member Additional Mact, Hiriyur, partly allowing the claim petition for compensation and seeking Enhancement of Compensation.) 1. This judgment and award passed by the Motor Accident Claims Tribunal at Hiriyur ( the Tribunal for short) in MVC No.78/2009, is assailed by the claimant in this appeal, whereby, the Tribunal awarded total compensation of Rs.69,100/- with interest, considering the claim of the injured claimant, alleging actionable negligence of the driver of the Auto Rickshaw bearing Registration No.KA-16/A-5286 (offending vehicle), as the cause for the road traffic accident which occurred on 03.08.2008 while the claimant was proceeding with her father on Maradihally to Gollarahatty road, as a pedestrian. The insurer was absolved from the liability since the offending vehicle was plying outside the ...
Mohan Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-07-2016
(Prayer: This Criminal Petition is filed under Section 438 Cr.P.C Praying to Enlarge the Petitioner on bail In the event of his Arrest In Cr.No. 128/2016 of Yesalur P.S., Hassan for the offence P/U/S 114, 143, 147, 148, 341, 427, 324, 302 R/W 149 of IPC and Section 3(1)(X) of SC/ST (POA) Act.) 1. This petition is filed by the petitioner / accused No.11 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 114, 143, 147, 148, 341, 427, 324, 302 read with Section 149 of IPC and Section 3(4)(X) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered in respondent police station Crime No. 128/2016. 2. Brief facts of the prosecution case are that accused No. 15 indulged in extracting and transporting the sand illegally from Hemavathi River bed. In this regard, accused Nos. 1 to 14 suspecting that victim-Ajay Sathpal, Manju...
Sangam Sweets represented by its Proprietor Harish Bhagwanji Vs. Medic ...
Court: Karnataka
Decided on: Nov-07-2016
(Prayer: This writ petition is filed under Articles 226 and 227 of the constitution of India praying to quash the impugned show cause notice dated 31.10.2016 issued by R-1 and 2 as per Annexure-A.) Mr. Sachin B.S., Adv. for Petitioner. 1. The present writ petition has been filed by the petitioner-Sangam Sweets against the impugned notice Annexure-A dated 31.10.2016 issued by the respondents No.1 and 2 who, upon inspection, found certain deficiencies in the working of the said sweet shop like, No Medical Certificate obtained for the food handlers, Food articles are kept exposed to flies, insects and dust, Kitchen kept very dirty, Chipped out, cups and plates, deformed and untinned utensils are being used etc., and garbage not properly collected and covered by lid and a penalty of Rs.1,00,000/- was proposed to be imposed on the said petitioner. 2. The petitioner has rushed to this Court against the said notice by way of filing this writ petition on 04.11.2016, without even filing a reply...
Central Bureau of Investigation, Anti-Corruption Branch Vs. M.E. Shiva ...
Court: Karnataka
Decided on: Nov-07-2016
(Prayer: This Criminal Revision Petition is filed under Section 397 R/W 401 of Cr.P.C., praying to setting aside the Judgment and Order of discharge of A3 Dated 08.10.2015 passed by the XLVI Addl. City Civil and S.J., and Spl. Judge and CBI Cases, Bangalore in Special (Corruption) Case No.116/2012 and allow this Crl.RP.) 1. The prosecuting Agency/Central Bureau of Investigation/Anti-Corruption Board ('CBI/ACB' for brevity) is aggrieved by the order dated 8th October 2015 passed on I.A.No.30 in Spl.C.C.No.116/2012 by the learned XLVI Addl.City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru, whereby the application (I.A.No.30) filed by the respondent/accused No.3 under Section 227 of the Code of Criminal Procedure came to be allowed thereby discharging the accused from criminal charges. 2. A case in RC 18(A)/2011 was registered by the CBI/ACB, in pursuance of the orders of the Apex Court dated 29.3.2011 in Special Leave to Appeal (Civil) No.7366-7367/2010 and connect...
Mohammed Jeelani Vs. The Spl. Land Acquisition Officer and Another
Court: Karnataka
Decided on: Nov-07-2016
(Prayer: This MFA is filed under Section 54(1) of L.A. Act against the Judgment and award dated 29.08.2012 passed in LAC No.57/2011 on the file of the Addl. Senior Civil Judge and J.M.F.C-I at Raichur, wherein rejected the reference petition filed U/S.18(1) of Land Acquisition Act.) 1. All these appeals arise out of the common judgment dated 29.08.2012 rendered by the Reference Court the Additional Senior Civil Judge and JMFC-I, Raichur. 2. Separate awards have been passed in LAC No.70/2011 and connected cases. Reference Court has dismissed the reference petitions filed by claimant/land owners holding that market value fixed for the acquired land by the Special Land Acquisition Officer at Rs.1,50,000/- per acre did not call for interference. 3. Facts leading to these appeals briefly stated are that, lands belonging to appellants described with material particulars at paragraph No.4 of the impugned judgment were proposed to be acquired by issuing a notification dated 01.01.2002 under ...
R. Shanmugham and Others Vs. The State of Karnataka represented by its ...
Court: Karnataka
Decided on: Nov-07-2016
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the constitution of India Praying to issue writ of mandamus or direction or order to consider representation as per Annexures-A and B dated 04/06-08-2016 by R-2 and 3 and to remove tower put up on the third floor of the schedule building illegally put up by R-5.) Mr. G.R. Mohan, Adv. for Petitioners. Mr. V. Sreenidhi, AGA for Respondent No. 1. 1. Heard the learned counsel for the petitioners. 2. The petitioners are the local residents aggrieved by the putting up of a Mobile Tower, by the respondent No.4-M/s Indus Towers Limited on the property owned and possessed by respondent No.5-Mr.Basavaraju B. 3. The grievance raised in the present writ petition is that despite representations made by the petitioners vide Annexure-A dated 04.08.2016 on behalf of Sree Kodandarama Vyama Shala and a legal notice served by the Advocate vide Annexure-E just a week thereafter on 11.08.2016, no appropriate action is being taken by the ...
Nutan Wodeyar Vs. Union of India, Ministry of Finance rep. by its Secr ...
Court: Karnataka
Decided on: Nov-07-2016
(Prayer: These Writ petitions are filed under articles 226 and 227 of the constitution of India, praying to quash the dissenting order/opinion of the Hon ble Administrative member and the subsequent compliance with the dissenting opinion by the Hon ble Judicial member in O. A. No. 170/01573/2015 dated 28.4.2016 at Annexure-B and the order dated 20.8.2015 at Annexure-C at A7 issued by R1 and declare that the petitioner is entitled to the reliefs as unanimously granted by the judicial and Administrative members vide order dated 28.4.2016 at Annexure-A in O.A.No. 170/01573/2015, etc.) 1. The present petitions are directed against common order dated 28.4.2016 passed by the tribunal whereby in the first part of the order the application is allowed, whereas in the latter part of the order, the application is dismissed. But the prayer of the petitioner is to maintain first part of the order which is favourable to her and for the second part of the order, the petitioner contends that such an o...
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