Karnataka Court March 2016 Judgments
M.A. Ayyappan Vs. State of Karnataka, Bangalore and Others
Court: Karnataka
Decided on: Mar-17-2016
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the order dated 27.10.2014 passed by R-2 vide Annex-A.) 1. The petitioner is before this Court assailing the order dated 27.10.2014 impugned at Annexure-A to the petition. By the order impugned, the Assistant Commissioner apart from setting aside the order dated 21.02.2014 has also directed that the petitioner if he has any grievance with regard to the caste certificate issued to the fourth respondent herein, he is required to approach the District Caste Verification Committee in that regard. 2. The fourth respondent has relied on the caste certificate dated 16.02.2013 while filing his nomination papers for the elections to the Town Municipal Council at KGF. The petitioner is aggrieved by the caste status as claimed by the fourth respondent. In that view, the petitioner had filed a complaint to the Tahsildar which was registered in CCV.CR31/2013-14. By the order dated 21.02.2...
Tag this Judgment!Shettara Basappa and Others Vs. Khasim Khan and Others
Court: Karnataka
Decided on: Mar-17-2016
(Prayer: RSA filed U/S. 100 of CPC against the Judgment and Decree Dtd. 13.4.2005 passed in R.A.NO. 201/2004 on the file of the Addl.Sessions Judge, Fast Track Court-I, Davanagere, allowing the appeal and setting aside the Judgment and Decree Dtd. 7.12.1991 passed in OS NO.291/1986 on the file of the Munsiff and JMFC, Channagiri.)1. The present appeal filed under Section 100, CPC is directed against the divergent judgment passed by the first appellate court in R.A. 201/04 which is pending on the file of Fast Track Court-I, Davanagere. 2. The appellants herein were the respondents in the appeal and the respondents herein were the appellants in the said appeal. The first plaintiff- Shettara Basappa and his son-2nd plaintiff-Adiveppa had filed a suit for the following reliefs as found in paragraph 6 of the plaint: a) For a declaration of plaintiffs right title and interest, to the area unauthorizedly occupied by defendants measuring 40' east to west and 60' North to South and 2nd defendan...
Tag this Judgment!N. Venkataramana Prabhu Vs. J.F. Castelino
Court: Karnataka
Decided on: Mar-17-2016
A.V. Chandrashekara, J. 1. The present revision petition is filed under Section 397, Cr. P.C. challenging the judgment of conviction and sentence passed against the petitioner in C.C. 1403/03 by the V JMFC. Mangaluru, and affirmation of the same in Crl. A. 126/06. 2. The revision petitioner herein was the accused in C.C. 1403/03 and the respondent was the complainant. Parties will be referred to as complainant and respondent as per their ranking before the trial court. The accused is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to pay a sum of Rs. 3.00 lakhs. Out of the said amount, Rs. 2,95,000/- is ordered to be paid to the complainant as compensation. 3. The judgment dated 30.1.2006. passed in C.C. 1403/03 was called in question by the accused before the first appellate court, i.e. sessions court at Mangalore in terms of Section 374, Cr. P.C., which was withdrawn and transferred to Fast Track Court and numbered as Crl. A. 126...
Tag this Judgment!Rajkumar Vs. The State of Karnataka, Bangalore and Others
Court: Karnataka Dharwad
Decided on: Mar-17-2016
(Prayer: These writ appeals are filed U/s.4 of the Karnataka High Court Act, praying to set aside the order dated 15.12.2014 passed in W.P.No.75263/2013 and W.P.Nos. 75278-280/2013 (KLR-CON) passed by the learned single judge of this Honourable Court and allow the writ petitions. H.G. Ramesh, J. (Oral): 1. These intra court appeals are directed against an order dated 15.12.2014 made by a learned Single Judge of this Court dismissing the appellant s writ petitions in W.P.Nos.75263 and 75278-280 of 2013. In the writ petitions, the appellant had challenged the endorsement dated 08.12.2011 (Annexure-F) issued by the Tahsildar, Bagalkot, rejecting his application dated 21.11.2011 (Annexure-E) filed under Section 95(2) of the Karnataka Land Revenue Act, 1964 ( the Act for short to the Deputy Commissioner, Bagalkot district, for grant of permission to divert his agricultural land measuring 4 acres 14 guntas for using it for residential purposes. 2. By consent of learned counsel on both sides,...
Tag this Judgment!M/s. ICICI Lombard General Insurance Company Ltd., Bangalore Vs. Erann ...
Court: Karnataka
Decided on: Mar-17-2016
Ram Mohan Reddy, J. 1. The insurer of the offending motor vehicle aggrieved by the judgment and award dated 21st March, 2011 in MVC 8026/2008 on the file of the XVIII Addl. Judge, Court of Small Causes, Member, MACT-IV, Bengaluru, (for short MACT ) insofar as it related to fastening liability to pay compensation, has presented this appeal. 2. Claimant injured filed petition under Section 166 of the Motor Vehicles Act, 1988, for compensation of Rs. 6,00,000/- on the premise that on 22-08-2008 at about 3.00 p.m., while waiting for a bus at Jakkenahalli bus stop, the driver of the luggage auto bearing certificate of registration KA-06/B-4024 came from Shivanagere at a high speed and in a rash and negligent manner and dashed against him resulting in grievous injuries for which he was extended treatment in the hospital and spend huge money and aged 50, was an agriculturist carrying on milk vending and was earning Rs. 8,000/- per month. 3. That petition was opposed by filing statement of obj...
Tag this Judgment!Mohammed Aziz Ahamedkhan Vs. The Deputy Commissioner, Koppal and Anoth ...
Court: Karnataka
Decided on: Mar-17-2016
(Prayer: This Contempt Petition is filed under Sections 11 and 12 of the contempt of Courts Act and Article 215 of the Constitution of India, praying to, subject the accused for trial for disobeying the Order passed by this Hon ble Court in W.P.No.65376/2012 (GM-RES) dated 11.10.2012 as per Annexure-C and punish them for contempt of this Hon ble court.) H.G. Ramesh, J. 1. Whether the law laid down by a Full Bench of this Court in M/s. A.V. Kowdi and Co. vs R.V. Laxshmidevamma [ILR 1990 KAR 4355] is impliedly overruled by the decision of the Supreme Court in Pallav Sheth v. Custodian [(2001) 7 SCC 549]? This is the question that falls for determination in this case, and the question is answered in the affirmative. 2. Disobedience of the order dated 11.10.2012 made in W.P. Nos.65373-378 of 2012 is complained of in this contempt of court petition. The entire order reads as follows: Recording the submission of Sri Sharanabasava, learned counsel for respondent No.3 that demolition of petiti...
Tag this Judgment!Mohammed Aziz Ahamedkhan Vs. The Deputy Commissioner, Koppal
Court: Karnataka Dharwad
Decided on: Mar-17-2016
C.C.C. No.100411/2015 -1- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE17H DAY OF MARCH2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE G.NARENDAR C.C.C. No.100411/2015 (CIVIL) R BETWEEN : MOHAMMED AZIZ AHAMEDKHAN S/O. AJMALKHAN AGE:52. YEARS, OCC: BUSINESS R/O. H No.6-1-9, HASAN ROAD DARGA ROAD, KOPPAL TQ & DIST: KOPPAL. (BY SRI P G MOGALI, ADVOCATE) AND : ... COMPLAINANT1 2. THE DEPUTY COMMISSIONER, KOPPAL TQ & DIST: KOPPAL, BY SRI R R JANNU. (A1 DELETED VIDE COURT ORDER DATED0802.2016) THE CITY MUNICIPAL COUNCIL, KOPPAL TQ & DIST: KOPPAL BY ITS COMMISSIONER, KOPPAL SMT.ASHWINI B.M. W/O. KOTRESH SHANBAG ASSISTANT COMMISSIONER CITY MUNICIPAL COUNCIL DAVANGERE, TQ.& DIST.DAVANGERE. ... ACCUSED (BY SRI R.K. KULKARNI, ADVOCATE FOR A2) THIS CONTEMPT PETITION IS FILED UNDER SECTIONS11AND12OF THE CONTEMPT OF COURTS ACT AND ARTICLE215OF THE CONSTITUTION OF INDIA, PRAYING TO, SUBJECT THE C.C.C. No.100411/2015 -2- ACCUSED FOR TRIAL FOR DISOBEYING THE ORDER...
Tag this Judgment!Shettara Basappa S/O Adivappa Since Decd by Lrs Vs. Khasim Khan S/O Va ...
Court: Karnataka
Decided on: Mar-17-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE17H DAY OF MARCH, 2016 BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA R.S.A. NO.1577/2005 BETWEEN: SHETTARA BASAPPA S/O ADIVAPPA SINCE DECD BY LRS1 S.B. RAVIKUMAR MAJOR, AGED ABOUT67YEARS S/O SHETTARA BASAPPA R/AT NALLUR VILLAGE, CHANANGIRI TALUK SHIMOGA DISTRICT-577221.2. SMT. CHANDRAMMA MAJOR, AGED ABOUT65YEARS W/O LATE BASAVARAJAPPA R/AT NALLUR VILLAGE, CHANNAGIRI TALUK SHIMOGA DISTRICT-577221.3. SMT. ANASUYAMMA MAJOR W/O SHIVANANDAPPA D/O LATE SHETTARA BASAPPA R/AT ALDUR VILLAGE, CHICKMAGALUR DISTRICT4 ADEVEPPA, SINCE DEAD BY HIS LRS a) S.A. PANCHAKSHARI S/O LATE S.B. ADEVAPPA AGED ABOUT44YEARS2a) (i) SRI. KUSHAL SP, SON OF SA PANCHAKSHARI, AGED ABOUT22YEARS AND RESIDING AT NALLUR VILLAGE CHANNAGIRI TALUK SHIMOGA DISTRICT. b) SMT. SAROJAMMA W/O LATE S.B. ADEVAPPA AGED ABOUT60YEARS R/AT NALLUR VILLAGE, CHANNAGIRI TALUK SHIMOGA DISTRICT ... APPELLANTS (By Sri: N S SANJAY GOWDA, & SRI: B.S. JEEVAN KUMAR, ADVS.) AND1 KHAS...
Tag this Judgment!Rajkumar S/O Anaveerappa Telsang, Vs. The State of Karnataka,
Court: Karnataka Dharwad
Decided on: Mar-17-2016
W.A. Nos.100403-100406 OF2015-1- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE17H DAY OF MARCH2016PRESENT R THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE P.S.DINESH KUMAR W.A. Nos.100403-100406 OF2015KLR-CON) ... APPELLANT BETWEEN : RAJKUMAR S/O ANAVEERAPPA TELSANG, AGE:50 YEARS, OCC:AGRICULTURE, R/O: NA SURVEY No.231, PLOT NO.3, NEAR LIONS SCHOOL, EXTENSION AREA, BAGALKOT. DIST: BAGALKOT. (By Sri S B HEBBALLI, ADV. ) AND1 2.3.4. THE STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT M.S.BUILDING, BANGALORE-1. THE DEPUTY COMMISSIONER, BAGALKOT, DIST: BAGALKOT. THE TAHSILDAR, BAGALKOT, DIST: BAGALKOT. MEMBER SECRETARY, TOWN PLANNING AUTHORITY, BAGALKOT. (BY SMT. K. VIDYAVATHI, AGA FOR R1 TO R3. SRI BASAVARAJ INDI FOR SRI. K.L. PATIL, ADV. FOR R4) ... RESPONDENTS W.A. Nos.100403-100406 OF2015-2- THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED1512.2014 PASSED IN W.P.NO.75263/2...
Tag this Judgment!M/s. Tirupathi Stone Industries Pvt Ltd. and Others Vs. Karnataka Stat ...
Court: Karnataka
Decided on: Mar-16-2016
(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the impugned order dtd 21.4.2014 passed by the court of the Principal District Judge, Mangalore D.K. in Misc. 11/2010 dtd 21.4.2014 vide Annexure N.) 1. The petitioners are before this Court assailing the order dated 21.04.2014 passed by the Principal District Judge, Mangaluru, Dakshina Kannada in Misc. No.11/10 dated 21.04.2014 impugned at Annexure-N to the petition. 2. Petitioner No.1 had secured certain financial assistance from the respondent-Corporation. The respondents contend that petitioners No.2 to 5 had offered guarantees in respect of loan. In that light, the respondents after having exercised its power available under Section 29 of the State Financial Corporation Act, 1951 ( the Act for short) had thereafter instituted a petition under Section 31(1)(aa) of the said Act for quantification of the amount for recovery as against the guarantors. The Principal District ...
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