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Karnataka Court December 2016 Judgments

Dec 15 2016

m.somashekar Vs. State of Karnataka

Court: Karnataka

Decided on: Dec-15-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF DECEMBER, 2016 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.No.51377/2014 & W.P.Nos.52037-042/2014 (LA-KIADB) BETWEEN1 M.SOMASHEKAR, S/O LATE MUNIYAPPA, AGED ABOUT56YEARS, R/AT NO.85/2, PRAKASH LAYOUT, VARTHUR, BANGALORE-560 087. S.V.GOPALA REDDY, S/O LATE VENKATASWAMY REDDY, AGED ABOUT55YEARS, R/AT SORAHUNASE VILLAGE, VARTHUR HOBLI & POST, BANGALORE-560 087. SMT.S.N.KANTHAMMA @ S.N.SHANTHAMMA, W/O S.R.RAJANNA, AGED ABOUT54YEARS, RESIDING AT NO.574, 3RD STAGE, MADURANAGAR, VARTHUR POST, BANGALORE-560 087. APPANNA, S/O ERAPPA, AGED ABOUT76YEARS, R/AT CHIKKANEKUNDHI, SARJAPURA HOBLI, ANEKAL TALUK, MUTHASANDRA POST, BANGALORE-560 087. YELLAPPA, S/O LATE GURAPPA, AGED ABOUT88YEARS, R/AT3D STAGE, MADURANAGAR, 2.3. 4.5. 2 VARTHUR POST, BANGALORE-560 087. ... PETITIONERS (By Sri JAYAKUMAR S.PATIL, SR.COUNSEL FOR Sri S.MAHESH, ADV.) AND1 STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S.BUILDING, DR.AMBEDKAR ROA...

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Dec 14 2016

Manjulamma Vs. The Commissioner, BBMP, Bangaluru and Others

Court: Karnataka

Decided on: Dec-14-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct R-1 to R4 to demolish the unauthorized construction made by the R-4 on the Northern side beyond the extent of approved plan, situated in Site No.28, 1 Main Road, Parvathipuram, Bengaluru, and consequently direct the Respondents to leave proper set-back on the Southern side of the petitioner s building bearing Site No.27, 1st Main Road, Parvathipuram, Bengaluru.) 1. This writ petition has been filed with the following prayers:- To issue writ in the nature of mandamus by directing the respondents No.1 to 4 to demolish the unauthorized construction made by the 4 Respondent on the northern side beyond the extent of approved plan, situated in Site No.28, 1st Main Road, Parvathipuram, Bengaluru 04 and consequently direct the respondents to leave proper setback on the southern side of the petitioner s building bearing site No.27, 1st Main Road, Parvathipuram, Bengaluru 04. Pass ...

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Dec 14 2016

Mohammad Mustafa and Another Vs. Vijeth Kumar and Others

Court: Karnataka

Decided on: Dec-14-2016

(Prayer: This Criminal Petition is filed U/S 439(2) CR.P.C praying that this Honourable Court may be pleased to order of cancellation of Bail against the respondent No.1 to 3 in the above case i.e in CR.NO.200/2015 on the file of the Addl. Civil Judge (JR.DN) and JMFC, Bantwala, D.K and against the impugned order dated 09.09.2015 passed in CRL.MISC.NO.815/2015 for the alleged offences P/U/Ss 341,324,326,307 R/W 34 of IPC.) (Prayer: This Criminal Petition is filed under section 439(2) CR.P.C., by the petitioner/State praying to cancel the order dated 09.09.2015 passed by the IV ADDL.DIST and S.J.,D.K., Mangaluru in CRL.MISC.No.815/2015 releasing the Respondents/Accused on bail in CR.No.200/2015 of Bantwal P.S., for the offences P/U/Ss 341,324,326,307,302 R/W 34 of IPC. These criminal petitions coming on for orders this day, the Court made the following:) 1. Heard the learned counsel appearing for the petitioner in Crl.P.No.2056/2016 and also the learned High Court Government Pleader app...

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Dec 14 2016

B.V. Seetaram and Another Vs. Krishna J Palemar

Court: Karnataka

Decided on: Dec-14-2016

(Prayer: This Criminal Petition is filed under Section 482 Cr.P.C praying to quash the entire proceedings in PCR.No.59/2016, now numbered as C.C.No.1567/2016 pending on the file of the JMFC-II Court, Mangalore for the offence P/U/S 120B,500 read with 34 of IPC.) 1. Heard the learned Counsel for the petitioners and the learned Counsel for the respondent. 2. The petition coming up for admission is considered for final disposal having regard to the facts and circumstances. 3. The petitioners herein are arrayed as accused Nos.1 and 2 alongwith the other who is named as accused No.3 in Crl.Case No.1567/2016 on the file of the learned JMFC, II Court, Mangaluru for the offence punishable under Sections 120B, 500 read with Section 34 of Indian Penal Code, 1860. 4. The background of the case is as follows: The Kannada daily newspaper under the name and style of 'Karavali Ale' is said to be owned by 'Chitra Publications (P) Ltd.,' Mangaluru. The petitioner No.1 is said to be the Chairman and Dir...

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Dec 14 2016

Karnataka State Road Transport Corporation, by its Divisional Controll ...

Court: Karnataka

Decided on: Dec-14-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the award dated 22.08.2011 in I.D.No.273/09 passed by the Industrial Tribunal Bangalore vide Annexure-E.) 1. The petitioner Corporation filed the present writ petition for a writ of certiorari to quash the impugned award dated 22.08.2011 made in I.D. No.273/2007 on the file of the Industrial Tribunal, Bengaluru, setting aside the punishment imposed by the Management withholding increments by two stages permanently and treating the suspension period as not on duty and also holding that the workman is entitled to consequential monetary benefits. 2. It is the case of the petitioner Corporation that the respondent was working as a driver in the establishment of the Corporation and while he was on duty on 08.01.1999 driving the bus bearing No.F 6308 from Bengaluru to Tirupati, near Panam Paku, dashed against a lorry which was parked on the left side of the road, as a result of which...

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Dec 14 2016

B Narappa @ Nagendra Vs. Pragati Grameena Bank

Court: Karnataka Dharwad

Decided on: Dec-14-2016

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE14H DAY OF DECEMBER2016PRESENT THE HONBLE MR. JUSTICE RAGHVENDRA S. CHAUHAN AND THE HONBLE MR. JUSTICE SREENIVAS HARISH KUMAR W.A. NO.100234/2016 (L-TER) BETWEEN : B. NARAPPA @ NAGENDRA S/O DEVENDRAPPA AGE :55. YEARS, OCC: NOW NILL R/O: HALALU, TQ: HADAGALI DIST: BALLARI. (BY SRI ANANT P SAVADI, ADVOCATE) AND : PRAGATI GRAMEENA BANK A REGISTERED RURAL BANK CONSTITUTED UNDER THE REGIONAL RURAL BANKS ACT1976(FORMERLY KNOWN AS TUNGABHADRA GRAMINA BANK) HAVING ITS HEAD OFFICE P.O. 55, GANDHI NAGAR BALLARY-583103 REPT. BY ITS GENERAL MANAGAR BALLARI. (BY SRI: HARSH DESAI, ADVOCATE) ... APPELLANT ... RESPONDENT THIS APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE2THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.60640/2012 DATED0302.2016. THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, RAGHVENDRA S. CHAUHAN J., DELIVERED THE FOLLOWING: JUDGMENT Mr. B. Narappa @ Nagendra, the...

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Dec 14 2016

B v Seetaram Vs. Krishna J Palemar

Court: Karnataka

Decided on: Dec-14-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF DECEMBER, 2016 BEFORE THE HONBLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION NO.6709 OF2016Between:1. B V Seetaram S/o Late Venkatramana Aged about 61 years Chairman and Director Chitra Publications Pvt. Ltd 400-C, Industrial Area Baikampadi, Mangalore-575011 2. Rohini Seetaram Aged about 53 years Managing Director Chitra Publications Pvt Ltd., 400-C Industrial Area Baikampadi, Mangalore-575011 (By Sri: K S N Karanth, Advocate) And: Krishna J Palemar S/o Late J Mallappa Aged 60 years ... Petitioners 2 Kodial Guttu East, Mangalore-575003 ... Respondent (By Sri: Virupakshaiah, Advocate) This Criminal Petition is filed under Section 482 Cr.P.C praying to quash the entire proceedings in PCR.No.59/2016, now numbered as C.C.No.1567/2016 pending on the file of the JMFC-II Court, Mangalore for the offence P/U/S120,500 read with 34 of IPC. This Criminal Petition coming on for admission this day, the Court made the follow...

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Dec 13 2016

Citizens Forum for Mangalore Development, Represented by its Joint Co- ...

Court: Karnataka

Decided on: Dec-13-2016

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to declare Section 76FF of the Karnataka Town and Country Planning and Certain Other Laws (Amendment Act), 2004, the amendments made to Section 76 FF pursuant to the Karnataka Town and Country Planning and Certain Other Laws (Amendment Act), 2013, as ultravires Articles 14 and 21 of the constitution and etc. These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare (i) The Karnataka Town and Country Planning (Regularisation of Unauthorised Development or Constructions) Rules, 2014 (At Annex-L); (ii) The Karnataka Town and Country Planning and certain other laws (amendment) Act, 2013 (At Annex-G) (iii) The Karnataka Town and Country Planning Act and certain other laws (Amendment) Act, 2009 (At Annex-E) and (iv) The Karnataka Town and Country Planning act and certain other laws (Amendment) Act, 2004 (At Annex-B), as unconstitutional, illegal...

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Dec 13 2016

Citizens Forum for Mangalore Development, Represented by its Joint Co- ...

Court: Karnataka

Decided on: Dec-13-2016

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to declare Section 76FF of the Karnataka Town and Country Planning and Certain Other Laws (Amendment Act), 2004, the amendments made to Section 76 FF pursuant to the Karnataka Town and Country Planning and Certain Other Laws (Amendment Act), 2013, as ultravires Articles 14 and 21 of the constitution and etc. These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare (i) The Karnataka Town and Country Planning (Regularisation of Unauthorised Development or Constructions) Rules, 2014 (At Annex-L); (ii) The Karnataka Town and Country Planning and certain other laws (amendment) Act, 2013 (At Annex-G) (iii) The Karnataka Town and Country Planning Act and certain other laws (Amendment) Act, 2009 (At Annex-E) and (iv) The Karnataka Town and Country Planning act and certain other laws (Amendment) Act, 2004 (At Annex-B), as unconstitutional, illegal...

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Dec 13 2016

K. Manohara and Others Vs. State of Karnataka rep. by its Principal Se ...

Court: Karnataka

Decided on: Dec-13-2016

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 29.04.2016 passed by the Hon ble Karnataka State Administrative Tribunal in Application No.1818/2012 (Annexure-C) and quash the order dated 28.02.2012 (Annexure-A8) passed by the R-1 as the same are illegal, arbitrary and contrary to Rule 8(iv-ka) and 13 of CCA Rules R/W Sec 50 and 56 of APMC Act and without the Authority of Law and etc.) 1. The learned AGA appears for respondent Nos.1 and 2. Hence, both the respondents are served. 2. Rule. 3. Mr. D. Nagaraj, learned AGA appears for the respondents and waives notice of Rule. 4. With the consent of learned Advocates appearing for both the sides, the petitions are finally heard. 5. The short facts of the case appear to be that all the petitioners were working with the Agricultural Produce Marketing Committee (hereinafter referred as to the Marketing Committee for the sake of convenience), Siruguppa, Bellary Dist...

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