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Karnataka Court December 2016 Judgments

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Dec 02 2016

Basavaraj Rachappa Kajgar Vs. The State of Karnataka through Marihal P ...

Court: Karnataka Dharwad

Decided on: Dec-02-2016

(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C seeking to set aside the Judgment of Conviction and order of sentence Dated 16.12.2011, passed by the V-Addl Sessions Judge, Belgaum, in S.C. No.408 of 2009) K. Somashekar, J. 1. The case of the prosecution is that the P.W.1/Smt.Neelavva got married with the accused for about 7 years prior to the incident. Due to the wedlock, she begotten two children namely Master Arun, aged 5 years and Master Iranna, aged 3 years. They all were residing in the house of P.W.4/Jinnappa on rental basis. The accused who is cook by profession and was working at Bharatesh Polytechnic College Hostel for the livelihood of the family. P.W.1/Smt.Neelawa while in her native place Murkibavi was in love with Sri.Maniu of Nesargi Village, but she relinquished her friendship with him after she got marriage and led happy married life with the accused. Subsequently, after few days prior to the complaint, that the accused person who was ill treating...


Dec 02 2016

Sharath Vs. The Inspector General of Police

Court: Karnataka

Decided on: Dec-02-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the order of the Karnataka Administrative Tribunal dated 29.01.2016 passed in Application No. 7972/2011 vide Annexure-A and order dated 1.07.2016 passed in Review Application No. 144/2016 in Application No. 7972/2011 vide Annexure-B and etc.,) 1. The petitioner has sought for setting aside the order dated 29.01.2016 passed by the Karnataka Administrative Tribunal, Bangalore., in Application No. 7972/2011 vide Annexure-A, and order dated 01.07.2016 in Review Application No. 144/2016 vide Annexure-B and quashing the order of penalty imposed on him on 27.06.2016 in departmental proceedings, in order No. Sibbandi (2)DE/02/2011-12, O.B.No.187/16-17 vide Annexure-L and such other reliefs. 2. The facts in brief are that, the petitioner was appointed as a Civil Police Constable on 02.05.2007.on 17.03.2011 petitioner s wife made a complaint against him alleging physical and mental c...


Dec 02 2016

Shivanand and Others Vs. The State of Karnataka represented by Assista ...

Court: Karnataka Dharwad

Decided on: Dec-02-2016

(Prayer: This Criminal revision petition is filed under section 397 read with section 401 of CR.P.C., seeking to allow this petition by setting aside order dated 03.09.2016 passed by the Sub divisional Magistrate, Jamakhandi subdivision, Jamakhandi, in MAG/CR/-135/2016-17 dated 03.09.2016, etc., This Criminal revision petition is filed under section 397 read with section 401 of CR.P.C., seeking to allow this petition by setting aside order dated 03.09.2016 passed by the Respondent No.1 Sub divisional Magistrate, Jamakhandi subdivision, Jamakhandi, in MAG/CR/-135/2016-17 dated 03.09.2016, etc.,) 1. Petitioners are residents of Mudhol town, Mudhol taluk in Bagalkot district. All the 9 petitioners have come up in these 9 petitions impugning the order dated 3.9.2016 passed in each case by the Assistant Commissioner of Jamakhandi, who is also Sub-Divisional Magistrate of Jamakhnadi who by his order dated 3.9.2016 has exterminated the petitioners from the District of Bagalkot for a period of...


Dec 02 2016

The Commissioner of Income Tax and Another Vs. Wipro GE Medical System

Court: Karnataka

Decided on: Dec-02-2016

(Prayer: This Appeal is filed under Section 260-a of I.T Act, 1961 praying to allow the appeal and set aside the order passed by the ITAT Bangalore in ITA No. 1020/bng/2007, Dated 20.06.2008 confirming the order of the appellate commissioner and confirm the order passed by the deputy commissioner of Income Tax, Central Circle-1(3) Bangalore.) 1. Appellant - revenue has preferred the present appeal by raising the following four substantial questions of law. (i) Whether the appellate authorities were correct in holding that when computing deduction u/s 10A of the Act expenditure should be confined to manufacturing division and not equally distributed to all units of respective employee cost based on pay roll, travel and living cost of employees, R and D expenditure etc., by insulating Section 10A of the Act divisions by following earlier years orders, by following the view in the earlier years? (ii) (iii) Whether the appellate authorities were correct in holding that when computing deduc...


Dec 02 2016

Karnataka Rajya Rashtreeya Grameena Udyoga Khatri Yojane Naukarara San ...

Court: Karnataka

Decided on: Dec-02-2016

(Prayer: These CCCs (Civil) are filed under Sections 11 and 12 of the Contempt of Courts Act, to take appropriate proceedings against the accused and punish them according to law for the deliberate disobedience of the order dated 25.9.2013 passed by this Court in W.P.Nos.9654-9666/2013, etc.) Abdul Nazeer, J. 1. In these cases filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, the complainants have sought for punishing the accused on the ground of disobedience of the order in W.P.Nos.9654 to 9666/2013 dated 25.9.2013. 2. The complainants have filed the aforesaid writ petitions seeking a direction to quash the circular dated 20.7.2012 and for certain other reliefs. On 1.3.2013, this Court while issuing emergent notice to the respondents directed them not to terminate the services of the petitioners/complainants, if they are not yet terminated. On 25.9.2013, learned Government Advocate was directed to take notice on behalf of the State of Karnataka-respondent No.2 therei...


Dec 02 2016

State of Karnataka Vs. Huleppa and Others

Court: Karnataka Dharwad

Decided on: Dec-02-2016

(Prayer: This Criminal Appeal is filed under Section 378(1) and (3) of Code of Criminal Procedure seeking to set aside the Judgment and Order of acquittal Dated 06.01.2012 passed by the Fast Track Court-III, Hospet, in S.C.No.67 of 2011 and consequently convict the accused for the offence charged in the interest of justice.) Ravi Malimath, J. 1. The case of the prosecution is that on 15.07.2010, PW1 and PW2 were returning from Bandihalli village to Morab village on a motorcycle. PW2 was riding the motorcycle and PW1 was the pillion rider. At about 12 noon, on the rough road by the side of the water tank of their village, accused Nos. 1 to 3 stopped them on the road. They dragged PW2 from the motorcycle, assaulted him by means of stones over the left side of his head, caused bleeding injuries and assaulted on his leg and other parts of the body. PW1 ran away from the scene and informed his wife and children and also informed the brother of PW2 about the incident. Based on the said facts...


Dec 02 2016

Muthuraju Vs. State of Karnataka By Rajagopal Nagar P.S.

Court: Karnataka

Decided on: Dec-02-2016

(Prayer: This Crl.A is filed under Section 374(2) of Cr.P.C., praying to call for records in S.C.No.1037/2007 which was disposed of on 27.08.2011 by the Principal City Civil and Sessions Judge, Bengaluru and to set aside the Judgment of Conviction Dated 27.8.2011.) John Michael Cunha, J. 1. This appeal is directed against the judgment and order dated 27th August 2011 passed by the Principal City Civil and Sessions Judge, Bengaluru in S.C.No.1037/2007. 2. The appellant is convicted for the offence punishable under Section 302 of Indian Penal Code. He is sentenced to undergo RI for life and also to pay a fine of Rs.20,000/- (twenty thousand) and in default of payment of fine amount, to undergo SI for six months. 3. The charge against the accused is that on 26.6.2007 at about 11.15 a.m., when the deceased Kum.Shruthi was sleeping in a room in the house belonging to her grandfather Marisetty (PW.2) situated at the 5th cross, Friends Colony, Peenya II Stage, Bengaluru within the jurisdictio...


Dec 02 2016

C.M. Subramanya and Others Vs. The State of Karnataka and Others

Court: Karnataka

Decided on: Dec-02-2016

(Prayer: These writ petitions filed under Articles 226 and 227 of the Constitution of India, praying to direct the Respondents not to illegally demolish the constructions situated in properties described in Schedule-I to XII stated in the W.P. which are situated in Chamarajanagar Town, Chamarajanagar and etc.) Prayer: These writ petitions filed under Articles 226 and 227 of the Constitution of India, praying to direct Respondents not to illegally demolish the constructions situated in properties described in Schedule-I to VIII stated in the W.P. which are situated in Kollegala Town, Kollegala and etc. Prayer: These writ petitions filed under Articles 226 and 227 of the Constitution of India, praying to direct the Respondents not to illegally demolish the constructions situated in properties described in Schedule- I to III stated in the W.P. which are situated in Chamarajnagar Town, Deviation road, Chamarajanagar. Prayer: These writ petitions filed under Articles 226 and 227 of the Cons...


Dec 02 2016

Nagamma Vs. The Managing Director BMTC and Another

Court: Karnataka

Decided on: Dec-02-2016

(Prayer: This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 18.09.2010 passed in MVC No. 8999/2008 on the file of XII Additional Small Causes Judge and Member MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. The appellant is the claimant being not satisfied with the quantum of compensation awarded in judgment and award dated 18.09.2010 made in MVC No.8999/2008 passed by the MACT, Bangalore (hereinafter referred to as Tribunal ) filed this appeal. 2. The appellant herein filed the Claim Petition contending that on 15.09.2008 at about 8.30 a.m. when the claimant was getting down from a BMTC bus bearing Registration No. KA-01-F-2653 at Hope Form Bus stop on Whitefield Road in Bangalore, the driver of the bus without noticing the same moved the vehicle in a rash and negligent manner. Due to that, the claimant fell down and sustained grievous injuries all over the body. Immediately after the...


Dec 02 2016

Karnataka Rajya Rashtreeya Grameena Udyoga Vs. Dr Sri K Radhakrishna R ...

Court: Karnataka

Decided on: Dec-02-2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE2D DAY OF DECEMBER2016PRESENT THE HONBLE MR.JUSTICE S. ABDUL NAZEER AND THE HONBLE MRS.JUSTICE K.S. MUDAGAL CCC (CIVIL) NOS.172 TO1842014 Karnataka Rajya Rashtreeya Grameena Udyoga Khatri Yojane Naukarara Sangha (R), Reptd. by its present General Secretary, Sri N.Rangachari, having its office at No.20/2, V.G.Gopal Building, Lalbagh Fort Road, Bangalore 560 004. Between :1. 2 3 Sri T.Sidda Reddy, S/o Krista Reddy, Aged about 47 years, Data Entry Operator, Kenchana Gudda Grama Panchayat, Siruguppa Taluk, Bellary District 583 121. Sri Panduranga, S/o Dyavanna, Aged about 29 years, Data Entry Operator, Nadavi Grama Panchayat, Siruguppa Taluk, Bellary District 583 122. 2 Sri Chand Basha, S/o Shekshavali, Aged about 25 years, Data Entry Operator, Halekote Grama Panchayat, Siruguppa Taluk, Bellary District 583 122. Sri Devendra Barikar, S/o Veeresh Barikar, Aged about 28 years, Data Entry Operator, K.Belagal Grama Panchayat, Sirugupp...


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