Karnataka Court February 2016 Judgments
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V. Muniyappa (Since Deceased) By His L.Rs and Others Vs. State of Karn ...
Court: Karnataka
Decided on: Feb-19-2016
1. Heard the learned Counsel for the petitioners and the learned Counsel for the respondents. 2. The brief facts are that the petitioners are said to be the sons of late Venkatarayappa. Venkatarayappa was in possession of shanbogi Service Inams Lands attached to the office of Shanbogh of Chikkanahalli, Vijayapura Hobli, Devanahalli Taluk, bearing sy. No. 15 measuring 5 acres 9 guntas and sy. No. 31 measuring 1 acre 29 guntas, both situated at Chikkanahalli Village, Vijayapura Hobli, Devanahalli Taluk. The said lands were in possession and enjoyment of late Venkatarayappa and his sons were paying yearly rent or wara gutta for the last several years prior to 1-3-1974 to his landlord. 3. Shanboge Subanna, the grandson of Dasappa, was the Baravardar or the authorised holder of the village office, namely, Shanbhogi office of Chikkanahalli, Vijayapura Hobli, Devanahalli Taluk. Venkatarayappa is said to have died in the year 1988 leaving behind the petitioners who continued to be in possessio...
Smt Anitha P Vs. The Joint Director
Court: Karnataka
Decided on: Feb-19-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19h DAY OF FEBRUARY, 2016 PRESENT R THE HONBLE MR. SUBHRO KAMAL MUKHERJEE ACTING CHIEF JUSTICE AND THE HONBLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NOS.55961 TO55962OF2015(GM-MMS) ... PETITIONER BETWEEN : SMT.ANITHA P. W/O P.KRISHNAMURTHY AGE:40. YEARS (SINCE ABSCONDING, BY HIS LEGAL REPRESENTATIVE / WIFE R/O NO.35, KALAPPA LAYOUT NEAR CITIZEN SCHOOL NANJANGUD MYSORE DISTRICT 571 301 (BY SRI.K.B.SHIVAKUMAR, ADVOCATE) AND :1. THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, SOUTHERN REGION SARASWATHIPURAM MYSORE 570 001 2. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, NO.316, 317 2 3RD FLOOR, ZILLADALITA BHAVAN CHAMARAJANAGARA 572 201 (BY MR.Y.H.VIJAY KUMAR, ADDITIONAL GOVERNMENT ADVOCATE) .. RESPONDENTS --- These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order of the R2 dated 2.1.2014 vide Annexure-F and dated 2.1.2014 vide Annexure-F1, and etc. These ...
Hewlett Packard Financial Services India Pvt Ltd Vs. The State of Karn ...
Court: Karnataka
Decided on: Feb-19-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF FEBRUARY2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MRS.JUSTICE S SUJATHA STRP Nos.339-411/2015 C/W STRP No.412/2015 BETWEEN: HEWLETT PACKARD FINANCIAL SERVICES INDIA PRIVATE LIMITED NO.24, SALARPURIA ARENA HOSUR MAIN ROAD ADUGODI BANGALORE 560 030 REPRESENTED HEREIN BY ITS COMPLIANCE OFFICER MS.MYNA VENKATRAMAN .PETITIONER (COMMON IN ALL THE CASES) (BY SRI.K P KUMAR, SENIOR COUNSEL A/W SRI:VIKRAM HUILGOL FOR M/S KING & PARTRIDGE, ADVOCATES) 2 AND:1. 2. THE STATE OF KARNATAKA REPRESENTED BY THE COMMISSIONER OF COMMERCIAL TAXES VANIJYA THERIGE KARYALAYA KALIDASA ROAD GANDHINAGAR BANGALORE-560 009 THE DEPUTY COMMISSIONER OF COMMERICAL TAXES (AUDIT)-4.5 DVO-4, KORAMANGALA BANGALORE 560 047 RESPONDENTS (COMMON IN ALL THE CASES) ARE STRPs.339-411/2015 (BY SRI.T K VEDAMURTHY, HCGP) FILED UNDER SECTION651) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE ORDER, JUDGMENT AND DECREE DATED2506.2015...
Rana Ajay Kumar Singh and Another Vs. State of Karnataka
Court: Karnataka Dharwad
Decided on: Feb-18-2016
S.N. Satyanarayana, J. 1. Accused Nos. 1 and 2 in C.C. No. 174/2008 on the file of the JMFC, Gokak have come up in this petition seeking quashing of the same relying upon the judgment rendered by a co-ordinate Bench of this Court in Crl.P.No. 9104/2009 with connected petitions which are disposed of by judgment dated 22.1.2010 and also by relying upon the judgment rendered in the matter of Binod Kumar Das and Another v. State of Jharkhand and another reported in 2008 (1) JCR 601 Jhr. 2. The brief facts leading to this petition are as under : Petitioners herein who are accused Nos. 1 and 2 in C.C. No. 174/2008 are working as Production Manager and Micro Biologist in M/s. Riddhi Siddhi Gluco Boils at Gokak, Belgaum District. The said persons are in occupation of the said industry as defined under section 2 (n) of the Factories Act, 1948. The records would disclose that on 4.5.2007 at about 8.30.p.m., there was an explosion in MSP division resulting in sporadic fire causing death of 16 wor...
K. Basavaraje Urs Vs. State Bank of Karnataka and Others
Court: Karnataka
Decided on: Feb-18-2016
1. The Petitioner has challenged the notification, dated 30-09-2015 (Annexure-A) issued by the respondent I appointing the respondent 3 as the Director of Mysuru Palace Board. 2. Sri. M.S. Bhaghwat, the learned Counsel for the petitioner submits that the Government Order, dated 9-5-2014 (Annexure-E) prescribes the eligibility for the appointment of the Director of Mysuru Palace Board; he has to be from K.A.S, Group A, Senior Scale or K.A.S, Group A, Selection Grade. He submits that the respondent 3 is admittedly not a K.A.S. Officer at all. Prior to her appointment as the Director of Mysuru Palace Board, she was working as Joint Controller of state Accounts Department. 3. He submits that on the ground that the respondent 3 draws the salary higher than that of K.A.S. Officer, she cannot be treated as K.A.S. Officer. In support of his submissions, he relies on the Division bench s order, dated 11-1-2016 (Annexure-L) passed in W.P.No. 53867 of 2015. 4. He submits that as the respondent 3 ...
Christian Chidieere Chukwu Vs. The State of Karnataka by, K.R. Puram P ...
Court: Karnataka
Decided on: Feb-18-2016
(Prayer: Crl.P. filed U/S. 439 Cr.P.C praying that this Hon ble Court may be pleased to enlarge the petitioner on bail in Crime No. 602/15 of K.R.Puram Police Station, Bengaluru City, for the offences punishable under Secs. 376, 506, I.P.C. and Section 14, Foreigners Act.) 1. The present bail application is filed under Section 439, Cr.P.C. by the sole accused of a criminal case in Crime No. 602/15 registered by K.R. Puram police station, Bengaluru, on 1.10.2015. 2. Initially the case was registered for the offences punishable under Sections 376 and 506, I.P.C. After concluding investigation, charge sheet is filed for the offences punishable under Sections 376 and 506, I.P.C. and Section 14 of the Foreigners Act, 1946. 3. Learned SPP representing the State has vehemently opposed bail on the ground that prima facie case is forthcoming in regard to the criminal intimidation of the first informant, a lady by name Ms. Sai kumara by this petitioner and committing rape on her. It is argued th...
S.D. Sheetal and Others Vs. Devaraj and Others
Court: Karnataka
Decided on: Feb-18-2016
N.K. Patil, J. 1. This appeal by the appellants-claimants is directed against the impugned judgment and award dated 03/07/2014, passed in MVC No. 926/2012, by the C/c. Senior Civil Judge JMFC. Additional Motor Accident Claims Tribunal-11, Bhadravathi, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation, on the ground that, a sum of Rs. 24,25,000/- awarded by the Tribunal under different heads with interest at 6% per annum from the date of petition till payment, as against the claim Rs. 46,00,000/- on account of the death of the deceased Sri. Santhosh Kumar, in the road traffic accident is inadequate. 2. In brief, the facts of the case are: The appellants are the wife, minor son and younger sister and brother of the deceased. They filed a claim petition before the Tribunal under Section 166 of M.V. Act, claiming compensation against the respondents, on account of the death of the deceased in the road traffic accident, contending that, on 18.5.2012 at about...
Narendra Babu Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-18-2016
A.V. Chandrashekara, J. 1. Heard the learned counsel for the petitioner who is accused No. 1 in Cr. No. 231/2015 on the file of Respondent Police. The case is registered for the offences punishable under Sections 506, 341, 498A, 307, 323 r/w 34, IPC. The petitioner is apprehending arrest at the hands of the respondent-Police. Hence, anticipatory bail application is filed on his behalf. 2. The case on hand relates to the alleged attempt made on the life of the wife of petitioner-accused No. 1 on 23.11.2015. It is alleged that he attempted to murder his wife by pouring kerosene and when he was trying to find out a matchstick to lit fire, she escaped from his clutches. It is alleged that he assaulted her and tried to strangulate her neck with his hands. 3. The learned Government Pleader has vehemently opposed the bail application essentially on the ground that the petitioner is pressurising the victim lady - his wife to give consent for divorce in the petition filed before family Court an...
Subramanyam Vs. State of Karnataka represented by Police Sub Inspector ...
Court: Karnataka
Decided on: Feb-18-2016
This Crl. Appeal is filed under Section 374(2) of Cr.P.C. praying to set aside the impugned judgment order dated 27.11.2015 passed by the XXXIII Additional City Civil and S.J., and Spl. Judge (NDPS), Bangalore (CCH-33) in Spl. C.C.NO. 134/2013 convicting the Appellant/Accused No. 1 for the Offence P/U/S 15(C) of NDPS Act. 1. Present appeal is filed under Section 374 of Cr.P.C. challenging the judgment of conviction and sentence passed by the learned Special Judge dealing with the cases arising out of Narcotic Drugs and Psychotropic Substances Act (for short the Act ) in Spl.C.C.No. 134/2013. Petitioner who was accused No. 1 is convicted for the offence punishable under Section 5(C) of NDPS Act r/w. Section 34 of IPC and is sentenced to undergo R.I. for 10 years and to pay fine of Rs. 1 lakh, in default, to undergo six months of S.I. for the offence punishable under Section 5(C) of NDPS Act. The judgment of conviction and sentence dated 27.11.2015 is called in question in this appeal. 2...
C.G. Math Vs. The Principal Secretary to Government of Karnataka, Depa ...
Court: Karnataka
Decided on: Feb-18-2016
B.S. Patil, J. 1. Petitioner retired as Principal of Basaveshwar Arts College, Bagalkot on 31.5.1996 after attaining the age of superannuation. He had been extended UGC Pay Scale of the year 1986. The UGC Pay Scale was revised as per Government Order dated 15.9.1999. As per this Pay Scale, salary of the Petitioner was fixed at Rs. 15,360. Petitioner's Pension was fixed basedthe said revision of Pay Scale. Indeed, Petitioner had earlier approached this Court making a grievance regarding non-extension of Revised Pay Seals with effect from 1.1.1996 for the purpose of computation of his Retinl benefits. The matter went up to the Apex Court. 2. The Apex Court vide its Order dated 12.5.2006 held that if the State bad taken a conscious decision to extend the benefit of UGC Pay Scale with effect from 1.1.1996 to the Petitioner and other similarly placed persons allowing them to draw their pay and allowances in terms thereof, there was no reason why Pensionary benefits be not extended to them f...
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