Karnataka Court March 2016 Judgments
Nanjamma Vs. The Principal Secretary to the Government of Karnataka, B ...
Court: Karnataka
Decided on: Mar-31-2016
(Prayer: This writ appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 21863/2011(LA-RES) dated 05/07/2011.) 1. This is an appeal against the judgment and the order dated July 5, 2011, passed by the Hon ble Single Judge, dismissing Writ Petition No.21863 of 2011, principally, on the ground of delay of laches. 2. The writ petition arose out of the proceedings under the Land Acquisition Act, 1894 (for the sake of brevity the said Act of 1894 ). 3. The recorded kathedars in relation to the land-in-question were Gangamma and N. Ramaiah. A registered document showing that the property was conveyed in favour of the writ petitioner, Nanjamma, on October 9, 1974, has been filed. Gangamma and N. Ramaiah have not come forward to challenge the title of Nanjamma. Moreover, the name of Nanjamma has been recorded in the index of land against the land-in-question. 4. The Government of Karnataka, by issuing a notification under...
Tag this Judgment!Anjula Divedi and Others Vs. State represented by Sub-Inspector of Pol ...
Court: Karnataka
Decided on: Mar-31-2016
(Prayer: This Criminal Petition is filed under Section 482 Cr.P.C. praying to quash the proceedings and the order dtd 24.07.2014 taking cognizance of the offence u/s 34, 323, 504, 506 of IPC by the learned Prl. Civil Judge and JMFC, Tumkur in C.C. NO. 3947/2014.) K.N. Phaneendra, J. 1. We would like to begin this order by saying that A repeated and saner thought will always throw more light even on the same subject . More often in criminal cases a question that arose for consideration of the Courts, has been that, the object, scope and purpose of section 482 of Cr.PC. and power of the Court to exercise the provision, in spite of availability of alternate remedy in general and under section 397 of Cr.PC. in particular. In the present case, we are called upon to answer the same question. 2. Before adverting to the factual matrix of this case, we feel it appropriate to remind ourselves, certain recognized principles of interpretation of statues. 3. In interpreting any statute or a provisi...
Tag this Judgment!M/s. Katwa Udyog Limited, by its Managing Director Venkatesh Katwa Vs. ...
Court: Karnataka
Decided on: Mar-31-2016
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for records from the Respondents which ultimately resulted in passing Order Annexure-A Dated 30.11.2010 passed by the R2 and to Quash the Order Vide Annexure-A Dated 30.11.2010 passed by the R2, Cancelling the Order of Transfer of Ml.No.1858 passed in Revision Petition No.561/2010 passed by the R4 and also to direct the State Government to Execute the Lease deed in favour of the Petitioner.) 1. The case of the petitioner is that it is a Company registered under the Indian Companies Act, 1956. It is established for the manufacture of cement. That M/s.Shree Quality Cements Limited., (hereinafter referred to as 'M/s.SQCL') promoted by Sri B.N.Shah and others desired to establish a cement plant and accordingly made an application to the Karnataka Industrial Area and Development Board (hereinafter referred to as "KIADB") to allot land for the said purpose. The KIADB acquired 35 acres...
Tag this Judgment!Smt Nanjamma Vs. The Principal Secretary
Court: Karnataka
Decided on: Mar-31-2016
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE31t DAY OF MARCH2016PRESENT R THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RAVI MALIMATH WA No.16360/2011(LA-RES) BETWEEN : SMT. NANJAMMA AGED ABOUT65YEARS W/O N.M RAMAYYA R/O NEAR JALAGERAMMA TEMPLE LOTTEGOLLAHALLI, R M V2D STAGE BANGALORE560094 ... APPELLANT (By Sri K.G. RAGHAVAN, SENIOR ADVOCATE FOR SRI DESHRAJ, ADVOCATE) AND :1. 2. 3.4. THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING BANGALORE560001 THE DEPUTY COMMISSIONER BANGALORE DISTRICT K.G. ROAD BANGALORE560009 THE SPECIAL LAND ACQUISITION OFFICER III FLOOR, V.V. TOWER DR. AMBEDKAR ROAD BANGALORE-560 001 M/S.NTI EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD., (NAME CHANGED TO : NATIONAL TECHNOLOGICAL INSTITUTE HOUSING CO-OPERATIVE SOCIETY LTD), G-5, PALACE ORCHARDS APARTMENTS, NO.51, - 2 - 5. 9TH MAIN, 6TH CROSS, RMV EXTENSION, BANGALORE560080 REPRESENTED BY ITS SECRETARY M/S. S.B.G. HOUSING ...
Tag this Judgment!Mrs Anjula Divedi Vs. State Represented By
Court: Karnataka
Decided on: Mar-31-2016
1 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE31T DAY OF MARCH, 2016 :PRESENT: THE HONBLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR :AND: THE HONBLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.4478/2015 BETWEEN:1. MRS.ANJULA DIVEDI, AGED ABOUT38YRS., GENERAL MANAGER HR, M/S TAMURA ELCOMPONICS TECHNOLOGIES (P) LTD., HIREHALLI, INDUSTRIAL AREA, TUMKUR, KARNATAKA EARLIER KNOWN AS M/S ROMARSH ELCOMPONICS TECHNOLOGIES (P) LTD.2. MR.AZAM PASHA , AGED ABOUT38YRS., GENERAL MANAGER PRODUCTION, M/S TAMURA ELCOMPONICS TECHNOLOGIES (P) LTD., HIREHALLI, INDUSTRIAL AREA, TUMKUR, KARNATAKA EARLIER KNOWN AS M/S ROMARSH ELCOMPONICS TECHNOLOGIES (P) LTD.3. MR. SURYA SHARMA, AGED ABOUT37YRS., SALES MANAGER (ERSTWHILE), 2 M/S TAMURA ELCOMPONICS TECHNOLOGIES (P) LTD., HIREHALLI, INDUSTRIAL AREA, TUMKUR, KARNATAKA EARLIER KNOWN AS M/S ROMARSH ELCOMPONICS TECHNOLOGIES (P) LTD.4. MR. KIRAN KUMAR, AGED ABOUT36YRS., PRODUCTION MANAGER (ERSTWHILE), M/S TAMURA ELCOMPONICS TECHNOLOGIES (P) LTD., HIR...
Tag this Judgment!Sri Punny Akat Philip Raju Vs. Sri Dinesh Reddy
Court: Karnataka
Decided on: Mar-31-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE31T DAY OF MARCH, 2016 PRESENT THE HONBLE MR.JUSTICE N. KUMAR AND THE HONBLE MR. JUSTICE B. VEERAPPA R.F.A. No.96/2013 BETWEEN: SRI PUNNY AKAT PHILIP RAJU, S/O SRI P.V.PHILIP, AGED ABOUT59YEARS, SINCE DEAD BY HIS LRs.1. MRS. MOLLY RAJU PHILIP, AGED ABOUT61YEARS, W/O LATE SRI PUNNYAKAT PHILIP RAJU.2. MR. AMIT RAJU PHILIP, AGED ABOUT35YEARS, S/O LATE SRI PUNNYAKAT PHILIP RAJU.3. MR. RANJIT RAJU PHILIP, AGED ABOUT32YEARS, S/O LATE SRI PUNNYAKAT PHILIP RAJU.4. MS. REKHA RAJU PHILIP, AGED ABOUT27YEARS, D/O LATE SRI PUNNYAKAT PHILIP RAJU. ALL ARE AT P.O.BOX NO.625, MUTTRAH P.C.114, 2 MUSCAT, SULTANATE OF OMAN. AT PRESENT C/O MANJUNATH.B., AT C/O BANDERAPPA, KAJISONNENAHALLI VILLAGE, BIDARAHALLI HOBLI, BANGALORE SOUTH TALUK. ... APPELLANTS (BY SRI UDAYA HOLLA, SENIOR COUNSEL FOR SRI T.S.AMAR KUMAR FOR M/S LAWYERS INC., ADV.) AND: SRI DINESH REDDY, S/O SRI G.MURALIDHAR REDDY, AGED ABOUT44YEARS, SAPTHAGIRI NILAYA, NO.9, MUNISWAMIAPPA...
Tag this Judgment!Lalithamma @ Lalitha Bai Vs. T.R. Ramakirshna
Court: Karnataka
Decided on: Mar-30-2016
1. Respondent is the plaintiff in SC No. 1075/2014, which suit has been filed for evicting the petitioner / defendant from the premises No. 18, 4th B Cross, Kathriguppe, Vivekanandanagar, Opp. KEB, 3rd stage, Banashankari, Bangalore, morefully described in the plaint at Annexure D. 2. On service of suit summons defendant has appeared and has filed the written statement by denying the averments made in the plaint and has specifically contended that there is no relationship of landlord and tenant. Parties have tendered evidence and during the course of evidence defendant sought for production of purported agreement of sale dated 07.08.1995 said to have been executed by the mother of plaintiff in favor of defendant and same was sought to be introduced in evidence. At that juncture, trial Court impounded the said document. Subsequently, a memo came to be filed by defendant on 14.09.2015 with a prayer to return the said agreement for being produced before the jurisdictional District Registr...
Tag this Judgment!Asha and Others Vs. State of Karnataka by Electronic City Police, rep. ...
Court: Karnataka
Decided on: Mar-30-2016
(Prayer: This Crl.RP filed u/s.397 Cr.P.C by the advocate for the petitioner praying that this Hon ble court may be pleased to set aside the Order dated 08.02.2016 passed in S.C. No. 2/2013 on the file of VIII Addl. Dist. and S.J., Bangalore Rural District, Bangalore and consequently quash the order of issuing summons against them.) 1. Heard the learned counsel for the petitioners, Mr. Hasmath Pasha and Mr. Rachaiah, learned HCGP representing the State. 2. The present petition is filed under Section 397, Cr.P.C. by the petitioners who are arrayed as additional accused nos.3 to 6 in a criminal case in S.C.2/13. The respondent police have filed charge sheet against accused nos.1 and 2 for the offences punishable under Sections 498A, 304B read with Section 34, I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961. These petitioners had been shown as accused in the first information and after conclusion of investigation, they were not sent up for trial by the I.O. in the charge sh...
Tag this Judgment!Shivanna and Others Vs. State of Karnataka by Holenarasipura Rural Pol ...
Court: Karnataka
Decided on: Mar-30-2016
(Prayer: This Crl.RP filed u/s.397 Cr.P.C by the advocate for the petitioner praying that this Hon ble court may be pleased to set aside the Judgment and Order dt.17.02.10 passed by the Addl. C.J. Holenarasipura in C.C.No.59/08 and Order dt.24.05.10 passed by the P.O. FTC and Addl. S.J. Holenarasipura in Crl.A.No.15/2010.) 1. The present revision petition is filed under Section 397, Cr.P.C. challenging the judgment of conviction and sentence passed in C.C.59/08 by the learned civil judge at Holenarasipura and affirmed in Crl.A.15/10, a judgment passed by the presiding officer of fast track court at Holenarasipura. Petitioners have been convicted for the offences punishable under Sections 324 and 326 read with Section 34, I.P.C. and have been sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 326 read with Section 34, I.P.C. and also to pay a fine of Rs.1000/- each, in default, to undergo two months simple imprisonment. They hav...
Tag this Judgment!K.P. Textiles (Coimbatore) P. Ltd. Vs. The Authorised Officer, Axis Ba ...
Court: Karnataka
Decided on: Mar-30-2016
(Prayer: This writ petition is filed under Article 227 of the Constitution of India praying to set aside the impugned order passed by the Hon'ble debts recovery tribunal, Karnataka Bangalore in S.A.No.316/2014 dtd. 14.7.2014 vide Annex-M and etc.) The petitioner is before this Court assailing the order dated 14.07.2014 passed in S.A.No.316/2014 at Annexure-M. The petitioner is also seeking that the letter dated 12.06.2013 at Annexure-L be quashed and the respondent-Bank be directed to refund the sum of Rs.22,50,500/- with interest at 18% per annum from 10.10.2012 till the date of realization. 2. The petitioner had participated in the auction conducted by the respondent wherein, a secured asset was brought to sale. The petitioner was the highest bidder offering a sum of Rs.90,02,000/-. As required, 25% of the said amount in a sum of Rs.22,50,500/- was deposited by them. The Sale Confirmation Advice dated 10.10.2012 was issued and confirmation was yet to be made. At that point, the borro...
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