Karnataka Court November 2016 Judgments
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S. Muniraju and Another Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Nov-03-2016
(Prayer: This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to reverse and set aside the order dated 19.7.2012 passed by the XXIII Additional City Civil and Special Judge for Prevention of Corruption Act, Bangalore City in Spl.C.C.No.136/2012 passed in the case taking cognizance of the offence punishable under Section 120-B of IPC read with Sections 9, 10 and Sections 13(1)(d)(ii) of the Prevention of Corruption Act and also for offence which made penal under Section 120B read with Sections 464, 468 and 471 of IPC and further directing process against the petitioner for his appearance in the case before the court. This Criminal Petition filed under Section 482 of the Code of Criminal Procedure, 1973 praying to quash the charge sheet in Spl.C.C.No. 136/2012 on the file of the XXIII Additional City Civil andSessions Judge and Special Judge for Prevention of Corruption Act, Bangalore City, for offence punishable under Section 13(1)(d)(ii) read with...
H C Jayaprakash Vs. The General Manager
Court: Karnataka
Decided on: Nov-03-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE03D DAY OF NOVEMBER, 2016 BEFORE THE HONBLE MR.JUSTICE A. N. VENUGOPALA GOWDA WRIT PETITION No.12961/2015 (L-RES) BETWEEN: H.C.JAYAPRAKASH AGED63YEARS, S/O LATE HCM GIRI RAO, R/AT "GIRIDHAMA", NO.239/1, SHARANAPPA LAYOUT, TIPTUR - 527201. (BY SRI K.B.NARAYANA SWAMY, ADV.) AND: THE GENERAL MANAGER VIJAYA BANK, HEAD OFFICE, NO.4/12, M.G. ROAD, BANGALORE -560 001. ... PETITIONER ... RESPONDENT (BY SRI P.UDAYASHANKAR RAI, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED0312.2014 PASSED BY THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL - CUM - LABOUR COURT, BANGALORE IN CGA NO.03/2012 AT ANNEXURE-A AND TO DIRECT THE RESPONDENT TO2PAY THE LEAVE ENCASHMENT BENEFIT AS CLAIMED BY HIM TO THE EXTENT OF `2,74,328/- WITH INTEREST THEREON. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Challenge in this petit...
State of Karnataka Vs. H.S Suresha and Others
Court: Karnataka
Decided on: Nov-02-2016
(Prayer: Crl.P Filed U/S.439(2) Cr.P.C By the SPP for the State Praying that this Hon'ble Court may be pleased to set aside the order dated 17.10.2015 Passed in Crl.Misc.No.727/2015 by the I Addl. Dist. and SPL. Judge, Mandya, Granting Anticipatory Bail to the Accused-Respondents tn Cr.No. 141/2015 of Keragodu P.S., Registered for the offence P/U/S 143,147,148,504,506, 324,307,436 R/W 149 of IPC and Sec.3(Ii)(X) of SC/ST (POA) Act, 1939 and Cancel the Said Order bail and Direcst that the Accused-Respondents be arrested and Committed to Custody.) 1. A case was registered in Crime No.141/2015 dated 03.09.2015 by Mandya Rural Police for the offence punishable under Sections 143, 147, 148, 504, 506, 324, 427, 436 read with Section 149 of IPC and Section 3 (1) (ii) and (x) of SC and ST (POA) Act, 1989. 2. The accused persons approached the Sessions Judge at Mandya and the learned Sessions Judge has granted anticipatory bail on 17.10.2015 against which this petition is filed for cancellatio...
Belagavi Urban Development Authority, Belagavi, Represented by its Com ...
Court: Karnataka Dharwad
Decided on: Nov-02-2016
(This Appeal is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the Order Passed by the learned Single Judge, un W.P.No.110424/2014 (La-UDA) dated 05.11.2015 by allowing this appeal.) P.S. Dinesh Kumar, J. 1. Belgavi Urban Development Authority and its Special Land Acquisition Officer have challenged the order dated 05.11.2015 passed by the learned Single Judge in W.P.No.110424/2014 holding that the acquisition of 1st respondent's land has lapsed by operation of law. 2. Briefly stated facts of the case are, the 1st respondent is an Ex-Serviceman and a senior citizen aged 83 years. His land measuring 1 acre 12 guntas in Sy.No.204/P1 was proposed for acquisition under the provisions of the Karnataka Urban Development Authorities Act, 1987 ('the Act' for short) by a preliminary notification dated 08.11.2000 under Section 17 (1) of the Act. It was followed by the final notification dated 14.07.2005 under Section 19 of the said Act and an award was passed o...
Siddaraju Vs. The Deputy Commissioner (Food) and Others
Court: Karnataka
Decided on: Nov-02-2016
(Prayer: This Petition is filed under Article 226 of the Constitution of India, with a prayer to quash the impugned Order dated 03.01.2015 passed by the R-3 at Annx-Q and quash the Order dated 09.07.2014 passed by the R-1 at Annx-M). 1. The petitioner is before this Court assailing the order dated 03.01.2015 and the order dated 09.07.2014 at Annexures-Q and M respectively. 2. The petitioner is granted licence/authorization to distribute the essential commodities to the card holders of Hanchguly and Halasoor villages keeping the FDP point at Hanchguly village where the major number of card holders are residing. The authorization which had been granted from the year 1994-95 has been renewed from time to time. The allegation against the petitioner initially made was that during the month of May 2013, essential commodities for distribution was drawn but instead of transporting it to FPD point at Hanchguly village, the same was sought to be stocked in the Government School at Halasooru vill...
Vishweshwar Ramakrishna Hedge and Another Vs. Annayya Ramayya Hedge an ...
Court: Karnataka
Decided on: Nov-02-2016
(Prayer: This Regular Second appeal is filed under Section 100 of CPC against the Judgment and Decree dated 9.1.2004 passed in R.A.No.73 of 1990 on the file of the Civil Judge (Sr.Dn.), Sirsi, Dismissing the appeal filed by the respondents herein and partly allowing the cross objection filed by the appellants herein and confirming the Judgment and decree dated 8.8.1990 passed in O.S.No.99 of 1989 on the file of the Munsiff, Siddapur.) 1. The case of the plaintiffs is that the suit schedule property bearing No.14A totally measuring 44 acres 38 guntas was assigned for the better cultivation and enjoyment of garden land in Sy.No.1/1, 3/1, 3/2, 7/1, 7/2, 171/1, 178/2, 179/1 and 179/2. It is their further case that the plaintiffs/appellants that the plaintiffs and defendants 3 and 4 are entitled to enjoy the beta privileges with respect to Sy.No.14A of Alavalli village. Hence, the instant suit was filed seeking for a declaration and injunction. 2. On service of summons, defendants 3 and 4 e...
C. Padmavathi Vs. Veerendra Kumar
Court: Karnataka
Decided on: Nov-02-2016
(Prayer: This appeal is filed under Section 28(1) of Hindu Marriage Act, against the Judgment and Decree dated 21.12.2013 passed in M.C.No.39/2006 on the file of the Senior Civil Judge, CJ, Chickballapur, allowing the petition filed under Section 12(1) (b) of Hindu Marriage Act.) Aravind Kumar J. 1. Appellant - wife being aggrieved by the judgment dated 21.12.2013 passed in M.C.No.39/2006 by the Sr. Civil Judge, Chikkaballapur allowing the petition filed by respondent husband and nullifying the marriage solemnized between them on 24.09.2004, has preferred this appeal. 2. Facts in brief are as under: Respondent herein filed a petition under Section 12(1)(b) of the Hindu Marriage Act, 1956 seeking nullification of the marriage solemnized on 24.09.2004 between himself and the appellant herein contending interalia that after marriage appellant was residing in the matrimonial home at Bagepalli along with her sister and she was not responding as expected of her. It was further stated that ...
Goudappagouda Vs. The Authorized Officer and Assistant Commissioner an ...
Court: Karnataka Dharwad
Decided on: Nov-02-2016
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the impugned order dated 10.11.2014 passed by the learned single judge in W.P. No. 48298/2004 and confirm the order passed by the Authorized Officer and Assistant Commissioner, Dharwad and etc.) Ashok B. Hinchigeri, J. 1. This appeal is directed against the learned Single Judge s order, dated 10.11.2014 passed in W.P. No. 48298/2014. 2. The facts of the case in brief are that six acres of land in Block No. 422 of Thadakoda village, Dharwad Taluk, Dharwad District were granted to the appellant and his father, Yallanagowda Patil by the Assistant Commissioner by his order, dated 08.04.2003. The respondent No.3 filed Appeal No. 667/2003 before the Karnataka Appellate Tribunal ( KAT for short). On finding that the appellant and his father were not eligible to the grant of land, the KAT, by its order, dated 02.11.2004 (Annexure-H) set aside the Assistant Commissioner s grant-order. The KA...
Dr. V. Mamatha Vs. Rajiv Gandhi University of Health Sciences, rep. by ...
Court: Karnataka
Decided on: Nov-02-2016
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the connected records from the respondent; declare that the method adopted by the respondent to evaluate the PG answer script of the petitioner in M.D. Biochemistry in the final examination held in June 2016 only by two examiners as contrary to regulation 14[1][b] r/w CI 2 of Appendix II of the Medical Council of India post graduate medical education regulations, 2000 and etc.,) 1. The petitioner, who is a student of MD Bio-Chemistry is before this court for a writ of declaration to declare that the method adopted by the first respondent/University to evaluate the PG answer scripts of the Petitioner in MD Bio-chemistry in the Final examination held in June 2016 was only by two examiners which is contrary to Regulation 14(1)(b) r/w Cl 2 of Appendix-II of the Medical Council of India Post Graduate Medical Education Regulations, 2000 and prays for setting aside the declaratio...
The State of Karnataka Represented by the Secretary Vs. M/s. Karnataka ...
Court: Karnataka
Decided on: Nov-02-2016
(Prayer: These STRPs. Are filed under Section 65(1) of The Karnataka Value Added Tax Act., against the Judgment and Decree Dated 18.04.2015 passed in STA Nos.379 to 387/2011 on the file of the Karnataka Appellate Tribunal, Bengaluru, allowing the appeal filed under Section 63 of the Karnataka Value Added Tax Act.) Jayant Patel, J. 1. All the petitions are directed against the common judgment and order passed by the Tribunal dated 18.04.2015 whereby, the Tribunal, after setting aside the order passed by the First Appellate Authority (FAA) and the Assessing Authority (AA), has remanded the matter to the Assessing Authority to consider the matter afresh as per the observations made by the Tribunal in paragraph No.15 of the impugned order, which reads as under: 15. The learned counsel, both in the grounds of appeal and during the course of the final arguments of the case has submitted that the appellant had actually outsourced the window grills and gates etc., and had not themselves fabri...
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