Karnataka Court April 2016 Judgments
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Therja Vs. Jayalaxmi
Court: Karnataka
Decided on: Apr-06-2016
(Prayer: This Crl.RP is filed under Section 397 r/w Section 401 Cr.P.C, praying that this Hon ble court may be pleased to set aside the impugned order of Judgment and conviction and sentence dated: 29.11.2008 in C.C.No.2542/2008 on the file of the XVI Addl. CMM., Bangalore and order dated: 12.4.2010 passed by the P.O., FTC-IX, Bangalore City, in Crl.A No.967/2008 and to acquit the petitioner herein.) 1. The present revision petition is filed under Section 397 Cr.P.C., challenging the Judgment of conviction and sentence of fine imposed on the petitioner by the learned 16th ACMM., Bangalore in C.C. No.2542/2008 and affirmation of the same by the first Appellate Court in Crl.A. No.967/2008. The petitioner was accused in C.C. No.2542/2008, in a case instituted by the respondent/complainant for the offence punishable under Section 138 of the Negotiable Instruments Act [hereinafter referred to as the N.I. Act for short]. 2. The parties will be referred to as the complainant and the accused, ...
Smt Threja W/O g.k. Nagendra Shetty, Vs. Smt Jayalaxmi
Court: Karnataka
Decided on: Apr-06-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6H DAY OF APRIL, 2016 BEFORE: THE HONBLE MR.JUSTICE A. V. CHANDRASHEKARA CRIMINAL REVISON PETITION NO.662/2010 BETWEEN: SMT. THREJA W/O G.K. NAGENDRA SHETTY AGE: MAJOR, R/O. No.28, 1 CROSS, 8TH MAIN ROAD NEAR WATER TANK BANGIRINAGAR, B.S.K. III STAGE, BANGALORE-58. (BY SRI. SHANTAPPA-ADV FOR SRI. VIJAYA .S. NAREGAL-ADV) AND: SMT. JAYALAXMI W/O SHREENIVAS SHETTY AGE-60 YEARS, R/O NO.24 II MAIN ROAD, II CROSS II BLOCK, THYGARAJANAGAR BANGALORE-28. (BY SRI.SACHIN V.R-ADV) * * * THIS CRL.RP IS FILED UNDER SECTION397R/W SECTION401CR.P.C, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER OF JUDGMENT AND CONVICTION AND SENTENCE DATED:29. 11.2008 IN C.C.NO.2542/2008 ON THE FILE OF PETITIONER RESPONDENT2THE XVI ADDL. CMM., BANGALORE AND ORDER DATED:12. 4.2010 PASSED BY THE P.O., FTC-IX, BANGALORE CITY, IN CRL.A NO.967/2008 AND TO ACQUIT THE PETITIONER HEREIN. THIS CRL.RP IS COMING ON FOR FINAL HEARING TH...
Y. Sharanappa S/O Amarappa Yapalparvi, Vs. Balasu Subramanyam S/O Subb ...
Court: Karnataka Dharwad
Decided on: Apr-06-2016
R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE6T H OF APRIL2016BEFORE THE HONBLE MR. JUSTICE B.S.PATIL WRIT PETITION NOs.64027/2011 & 103311/2016 [GM-CPC]. BETWEEN Y. SHARANAPPA S/O AMARAPPA YAPALPARVI, AGE:51. YEARS, OCC: BUSINESS & AGRICULTURE, R/O DALAL BAZAR, KARATAGI, TQ. GANGAVATHI, DIST. KOPPAL (BY SRI F V PATIL, ADVOCATE) AND ... PETITIONER1 BALASU SUBRAMANYAM S/O SUBBARAO AGE:54. YEARS, OCC: BUSINESS, R/O BANGERI CAMP, TQ. SINDHANUR, DIST. RAICHUR2 S. SATYANARAYANA S/O SURYANARAYANA AGE:65. YEARS, OCC: BUSINESS, R/O BANGERI CAMP, TQ. SINDHANUR, DIST. RAICHUR3 Y. CHANNABASAPPA S/O AMARAPPA YAPALPARVI AGE:55. YEARS, OCC: BUSINESS, :2. : R/O H. No.6-2-68/112, AMARKHED LAYOUT, LVD COLLEGE ROAD, TQ. & DIST. RAICHUR (BY SRI DEEPAK C. MAGANUR, ADVOCATE R1 & R2; R3-SERVED) ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: THE ORDER IMPUGNED A) ISSUE WRIT IN THE NATURE OF CERTIORARI, QUASHING VIDE ANNEXURE:'D'...
L. Prabhuswamy Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Apr-06-2016
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE6H DAY OF APRIL, 2016 BEFORE THE HONBLE MR.JUSTICE P.S.DINESH KUMAR CRL.P.NO.101683/2015 BETWEEN1 2. L.PRABHUSWAMY AGE:53. YEARS OCC: CHIEF ENGINEER(CIVIL) ADD: OFFICE OF CHIEF ENGINEER KARNATAKA POWER CORPORATION LTD. GANESHHAGUDI TQ. JOIDA & DIST: UTTARA KANNADA ABDUL MAJEED AGE:51 YEARS OCC:EXECUTIVE ENGINEER(CIVIL) ADD: OFFICE OF EXECUTIVE ENGINEER(P.H.DIVISION) KARNATAKA POWER CORPORATION LTD. GANESHAGUDI, TQ.JOIDA DIST: UTTARA KANNADA ... PETITIONERS (BY SRI MRUTUNJAYA S.HALLIKERI, ADV.) AND1 2. THE STATE OF KARNATAKA THROUGH DANDELI TOWN P.S. REP. BY SPP, HIGH COURT OF KARNATAKA DHARWAD PRAKASH SHANBHAG AGE:62. YEARS, OCC:RETIRED LECTURER :2. : ADD: No.25, LENIN ROAD, TOWNSHIP DANDELI, TQ.HALIYAL, DIST.UTTARA KANNADA ... RESPONDENTS (BY SRI PRAVEEN KUPPAR, HCGP FOR R1; SRI SHASHANK S.HEGDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S482OF CR.P.C. SEEKING TO QUASH THE COMPLAINT DATED236.2015, FIR & ENTIRE...
P. Suresh and Others Vs. S. Deepa and Others
Court: Karnataka
Decided on: Apr-05-2016
(Prayer: This RPFC is filed under Section 19(4) of Family Court Act, against the Order Dated 23.11.2012 passed in C.Misc., No.14/2009 on the file of Principal Judge, FAMILY Court, Bangalore partly allowing the Petition filed u/s 125 of Cr.P.C. This RPFC is filed u/s 19(4) of Family Court Act, against the Order Dated 23.11.2012 passed in C.Misc.,NO.14/2009 on the file of the Principal Judge, Family Court, Bangalore, partly allowing the Petition filed u/s 125 or Cr.P.C for Maintenance and Expenses.) 1. These two petitions have been filed by wife as well as husband questioning the correctness and legality of the order dated 23.11.2012 passed by the Prl.Civil Judge, Family Court, Bangalore in C.Mis.No.14/2009 whereunder petition filed by wife under Section 125 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C'.) claiming a sum of Rs.30,000/- per month as maintenance and expenses for herself and for her minor son, together with a sum of Rs.30,000/- towards litigation expenses came to b...
T.M. Ashwathnarayana and Others Vs. The State of Karnataka by its Secr ...
Court: Karnataka
Decided on: Apr-05-2016
(Prayer: This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to declare that the Preliminary Notification issued by the R-1 dated 15.07.1983 (Annexure-A) and Final Notification dated 17.01.1985 (Annexure-B) respect of the petitioners Land bearing Sy No. 177/4B of Tumkur Village, Kasaba Hobli, Tumkur Taluk and District measuring an extent of 28 Guntas as lapsed under Sec. 24(2) of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 as no award amount is deposited in any reference Court and Physical Possession of the land has not been taken.) 1. Heard the learned Senior Advocate Sri. Jayakumar S. Patil. 2. The respondents have been served and though the Government Advocate had taken notice on behalf of the respondents, no memo of appearance is filed. The matter having been adjourned on two occasions to enable the Government Advocate to seek instructions, the learned Government Advocate again seeks time a...
The Secretary, The Karnataka Government, Bangalore Vs. Susheelamma, Si ...
Court: Karnataka
Decided on: Apr-05-2016
(Prayer: These Writ Appeals are filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.11518/2008(LA-RES) dated 10.11.2010.) 1. The above appeals are preferred praying to set aside the order dated 10.11.2010 passed by the learned Single judge in W.P. No.11518/2008 and to dismiss the said writ petition and to grant such other reliefs as this Court deems fit in the circumstances of the case. 2. Brief facts of the case are that respondent Nos.1 to 15 herein filed the aforesaid writ petition for the relief of writ in the nature of certiorari to quash the preliminary notification dated 5.5.1988 issued under Section 4(1) of the Land Acquisition Act (for short 'the Act') and published in the Karnataka Gazette on 12.5.1988 as per Annexure-E to the writ petition, the final notification dated 22.3.1989 issued under Section 6(1) of the Act and published in the Karnataka Gazette on 20.4.1989 as per Annexure-F to the writ petition, and th...
Nagesha and Another Vs. P. Ramachandra
Court: Karnataka
Decided on: Apr-05-2016
(Prayer: This RSA is filed under S.100 of CPC, against the judgment and decree dated 25.06.2015 passed in R.A.No. 8/2013 on the file of the Addl. Senior Civil Judge and JMFC, Puttur, Itinerate at Sullia, D.K., allowing the appeal and setting aside the judgment and decree dated 02.09.2013 passed in O.S.No. 21/2010 on the file of the Civil Judge and JMFC, Sullia.) 1. The defendants - appellants and the respondent - plaintiff are the neighbouring land holders. The defendants' properties are situated towards eastern side of the plaintiff's suit schedule property, which is on the upper side and the defendants' properties are on the lower side. A water channel exists towards northern side of the suit schedule property and passes through the suit schedule property and continues to run into the properties of the defendants. In the matter of mode and manner of drawing water from the said channel, a dispute having arisen, the respondent filed O.S.No.21/2010 in the Court of Civil Judge at Sullia....
Assistant Commissioner of Commercial Taxes (Audit) and Others Vs. M/s. ...
Court: Karnataka
Decided on: Apr-05-2016
(Prayer: These writ appeals are filed U/s 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.37475/2010 and 38081-91/2010 (T-RES) dated 03/02/2011 and etc.,) Jayant Patel, J. 1. These appeals are directed against order dated 03/02/2011 passed by the learned Single Judge in the respective writ petitions whereby, the learned Single Judge for the reasons recorded in the order, quashed the order passed by the first respondent authority and issued further directions. 2. The brief facts of the case are that in the year 2006, respondent applied for composition of tax under Section 15 r/w Rule 137 of Rule 15 of the Karnataka Value Added Tax Act, 2003 (hereinafter, referred to as the KVAT Act ). The said application was processed and ultimately, on 20/12/2006, certificate came to be issued and a copy of the said certificate is at Annexure A , produced in the writ petition. On 02/07/2010 roughly after a period of 3 years, the first respondent issued s...
M. Mahesh Vs. The State of Karnataka by the Police of Somwarpet and An ...
Court: Karnataka
Decided on: Apr-05-2016
(Prayer: This Crl.P is filed u/s.482 Cr.P.C praying to quash the entire proceedings in PCR No.7/2014 (PHR No.2/2012) on the file of Prl. S.J., Kodagu at Madikeri as against the Petr. herein for the offences p/u/s 166, 504 and 506 of IPC.) 1. In this petition under Section 482 of Cr.P.C. the petitioner has sought for quashing of the proceedings initiated against him by the respondent No.2 in PCR No.7/2014 (PHR No.2/2012) on the file of the Prl. Sessions Judge, Kodagu, Madikeri. 2. Respondent No.2 presented complaint under Section 30 of the Protection of Human Rights Act, 1993 before the Sessions Judge at Madikeri against the petitioner and others who are all Police personnel working as Police Constable, Sub-Inspector and Circle Inspectors. The averments made out in the complaint in a nutshell are that the respondent No.2 is in possession, enjoyment and cultivation of the lands bearing Sy.No.55/121 measuring 2.20 acres, Sy.No.55/122-A measuring 3.40 acres, Sy.No.55/123 measuring 2.20 acr...
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