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Karnataka Court December 2016 Judgments

Dec 20 2016

M/s. Mahendra Watch Company, Represented by its Partners, Ashish Jain ...

Court: Karnataka

Decided on: Dec-20-2016

(Prayer: This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the order Dated 28.10.2016 passed by the Learned Chief Judge, Court of small causes, Bangalore in H.R.C. No.63/2016 vide Annexure-F and further to allow the Interlocutory Application filed under Order VII Rule 11(a) and (d) of the CPC.) 1. This Writ Petition is filed by the Respondent Nos.3 and 4 (before the trial Court) against the order dated 28th October 2016 passed by the learned Chief Judge, Court of Small Causes, Bangalore in HRC No.63/2016 dismissing the Interlocutory Application filed under Order 7 Rule 11(a) and (d) read with Section 151 of Code of Civil Procedure, 1908 ('CPC' for short). 2. Parties are referred to as per their ranking in the HRC Petition. 3. Petitioner/landlord filed HRC No.63/2016 praying to pass an order of eviction directing the respondents to vacate and hand over the vacant possession of the schedule premises on the ground that the original tenant not bein...

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Dec 16 2016

D.S. Karthik Vs. State by R.T. Nagar, Represented by State Public Pros ...

Court: Karnataka

Decided on: Dec-16-2016

(Prayer: This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to set aside the cognizance taken by the order dated 18.9.2015 passed on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.22834/2015 for the offence punishable under Section 417 of IPC by R.T.Nagar Police and proceedings against the petitioner may be quashed by allowing the petition.) 1. Heard the learned Senior Advocate, Shri B. V. Acharya, appearing for the learned counsel for the petitioner and the learned counsel for the respondent no. 2, Shri Akarsh S. Kanade and the learned State Public Prosecutor-II, Shri K. R. Keshavamurthy. 2. The facts leading up to this petition are said to be as follows . Respondent no.2 herein had lodged a complaint against the petitioner as on 27-8-2014, alleging offences punishable under Sections 420, 376 and 366 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity), before the RT Nagar Police Sta...

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Dec 16 2016

K. Sudha Rani and Others Vs. Sudha Rani, By Dept. of Higher Education, ...

Court: Karnataka

Decided on: Dec-16-2016

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying to quash the impugned Letter Dtd: 19.08.2015 issued by the R-3 vide Annexure-C; direct the R-2 and 3 to permit the Petitioner to take admission in the 1st Year of B.A., L.L.B (Five Years) Course. This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direction or Order to approve the admission of the Petitioner with the R-2 College, that the petitioner has satisfied the Eligibility Criteria for admission for 5 Years of Law Degree Course. This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the E-Mail notice has been sent by the R-1 Dtd: 30.10.2015 produced at Annexure-N as the scheme is Lapsed and Quash the direction issued by the R-2 Dtd: 20.12.2010 produced at Annexure-M and also clarification letter issued Dtd: 06.10.2015 which is produced as Annexure-L. This Writ Petition is filed under Articles 226 and 2...

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Dec 16 2016

Ambarish S Kapadia and Another Vs. State by CBI, CBI Karnataka State H ...

Court: Karnataka

Decided on: Dec-16-2016

(Prayer: This Criminal Petition filed under Section 482 of the Code of Criminal Procedure, 1973, by the advocate for the petitioner praying to run the sentences concurrently imposed in Spl.C.C.No.18/1987 wherein petitioner arrayed as accused No.2, in Spl.C.C.No.128/1993 wherein petitioner arrayed as accused No.2, in C.C.No.1943/1987 wherein petitioner arrayed as accused No.1 in C.C.No.6567/1989 wherein petitioner arrayed as accused No.1, in C.C.No.6568/1989 wherein petitioner arrayed as accused No.1. This Criminal Petition filed under Section 482 of the code of Criminal Procedure, 1973, by the advocate for the petitioner praying to extend the benefit under Section 427(2) Cr.P.C. and direct that the sentence run concurrently and collectively in respect of: 1) order dated 10.2.2010 passed by this Hon'ble Court in Crl.A.No.2241/2006 (Fast Track Court-II, Bangalore City in S.C.No.642/2003) 2) order dated 23.9.2014 passed by this Hon'ble Court in Crl.A.No.737/2013 (V Additional District and...

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Dec 16 2016

Marek Jaroslaw Lewandowicz and Another Vs. Superintendent of Customs, ...

Court: Karnataka

Decided on: Dec-16-2016

(Prayer: This Criminal Appeal filed under Section 374(2) of the code of Criminal Procedure, 1973, by the advocate for the appellant praying to set aside the order dated 30.10.2013 and sentence dated 5.11.2013 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS) Bangalore, in Special Case No.137/2010 - convicting the appellant/accused for the offences punishable under Sections 21(C) and 28 of N.D.P.S.Act and the appellant/accused is sentenced to undergo R.I. for 10 years each and pay fine of Rs.1,00,000/- each and in default to undergo S.I. for 1 year each for the offences punishable under Sections 21(C) and 28 of N.D.P.S.Act. Both the substantial sentences shall run concurrently.) 1. These appeals arise out of the same judgment and are disposed of together. The appeal in Crl. A. 508/2014 is filed by accused Marek Jaroslaw Lewandowicz and the appeal in Crl. A. 308/2014 is filed by accused Johann Tuchler. 2. It is the case of the prosecution, that on 27....

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Dec 16 2016

E. Shrinivasulu Vs. State of Karnataka

Court: Karnataka

Decided on: Dec-16-2016

(Prayer: This Crl.A. is filed u/s.374(2) of Cr.P.C., praying to set aside the judgment of conviction dt.29.11.2011 passed by the P.O., Ftc-1, bengaluru, in S.C.No.1126/2007 convicting the appellant/accused for the offence p/u/s.302, 307 of IPC. the appellant/accused is sentenced to undergo imprisonment for life and pay a fine of 20,000/- in default of payment of fine he shall undergo S.I. for 9 months for the offence p/u/s.302 of ipc and the appellant/accused is sentenced to undergo S.I. for 4 years and pay a fine of 3,000/- in default of payment of fine he shall undergo S.I. for 6 months for the offence p/u/s.307 of IPC.) 1. This appeal is by the convicted appellant/accused against the judgment and order of conviction dated 29.11.2011 passed by the Fast Track Court-1, Bengaluru City in S.C.No.1126/2007. 2. The appellant/accused was tried and convicted for the offences punishable under sections 302 and 307 of Indian Penal Code. 3. The case of the prosecution in brief is that the deceas...

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Dec 16 2016

Venkata Ramanaswamy and Others Vs. State of Karnataka, Represented By ...

Court: Karnataka

Decided on: Dec-16-2016

(Prayer: This Crl.A filed under 374(2) of Cr.P.C., praying to set aside the Judgment and Order of conviction Dated 08.03.2013 and sentence Dated 11.03.2013 passed by the P.O., F.T.C.-III, Bengaluru (R) District, Bengaluru in S.C.No.214/2005-convicting the Appellant/Accused for the offence punishable under Section 143, 148, 341 r/w 149 and 302 r/w 149 of IPC. etc.,) 1. These three appeals are preferred against the judgment of conviction dated 8.3.2013 and order of sentence dated 11.3.2013 passed by the Fast Track Court-III, Bengaluru Rural District, Bengaluru in Sessions Case No.214/2005. 2. The appellants in Appeal No.296/2013 are accused Nos.1, 2 and 6 and the appellants in Appeal No.305/2013 are accused Nos.3 and 4 and the appellant in Appeal No.367/2013 is accused No.5 in S.C.No.214/2005. In these appeals, the respective appellants will be referred to in the same ranking as in S.C.No.214/2005. 3. A charge-sheet came to be filed against accused Nos.1 to 6 by the CPI of Hoskote Circle...

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Dec 16 2016

K.M. Prakash and Others Vs. State of Karnataka by Saligrama Police

Court: Karnataka

Decided on: Dec-16-2016

(Prayer: This Criminal Appeal filed under Section 374 of the code of Criminal Procedure, 1973, by the advocate for the appellants against the judgment dated 13.6.2005 passed by the III Additional Sessions Judge, Mysore in S.C.No.21/2000, convicting the appellants/accused Nos.1 to 4 for the offences punishable under Sections 498-A, 304-B of IPC and Sections 3 and 6 of the Dowry Prohibition Act and sentencing them to undergo Rigorous Imprisonment for 7 years for the offence punishable under Section 304-B (2) IPC and sentencing them to undergo R.I. for 2 years and to pay fine of Rs.5000/- each I.D., to undergo R.I. for one month for the offence punishable under Section 498-A of IPC and sentencing them to undergo R.I. for 5 years and fine of Rs.15,000/- each I.D., to undergo R.I. for 3 months for the offence punishable under Section 3 of D.P.Act and sentencing them to undergo R.I. for 1year and to pay fine of Rs.5000/- each I.D., to undergo R.I. for one month for the offence punishable und...

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Dec 16 2016

T. Suresh Vs. State by Srirangapatna Police Station

Court: Karnataka

Decided on: Dec-16-2016

(Prayer: this criminal appeal is filed under section 374(2) of the code of criminal procedure praying to set aside the order dated 9.2.2012 passed by the P.O., ftc, srirangapatna in S.C.No.48/2007-convicting the appellant/accused for the offence p/u/s 302 and 201 of IPC. and the appellant/accused is sentenced to undergo imprisonment for life and to pay fine of Rs.5,000/- (rupees five thousand only) for the offence p/u/s 302 of IPC. and the appellant/accused is further sentenced to undergo R.I. for a period of one year and to pay fine of rs.2,000/- (rupees two thousand only) in default of payment of fine, further undergo s.i. for a period of three months for the offences p/u/s 201 of IPC.) K.N. Phaneendra, J. 1. The appellant/accused has preferred this appeal calling in question the judgment of conviction and sentence dated 09.02.2012 passed against him by the Fast Track Court, Srirangapatna in SC No.48/2007. 2. For convenience, hereinafter the appellant is referred to as 'accused'. The...

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Dec 16 2016

Suresh Vs. State of Karnataka, By State Public Prosecutor

Court: Karnataka

Decided on: Dec-16-2016

(Prayer: This Crl.A. is filed u/s.374(2) Cr.P.C praying to set aside the Order Dated:13.6.11 passed by the Addl.SJ and PO, FTC, Hassan in S.C.No.70/08- convicting the Appellant Accused No.1 for the offence P/U/S.498(A) and 302 of IPC and etc.) 1. This appeal is by the convicted appellant/accused against the judgment and order dated 13.6.2011 passed by the Addl. District and Sessions Judge and Fast Track Court, Hassan in S.C.No.70/2008. 2. The appellant/accused is tried and convicted by the Trial Court for the offence punishable under Section 498-A and Section 302 of Indian Penal Code. 3. The case of the prosecution in brief is that deceased Mamatha was the wife of the accused/ appellant herein. The marriage of the accused and deceased Mamatha was performed in the year 1998. For about one year, they lived happily and one year after the marriage, the deceased gave birth to a child named as Usha. Thereafter, the appellant started assaulting and ill-treating the deceased asking her to brin...

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