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Karnataka Court April 2016 Judgments

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Apr 13 2016

V.K. Anand Vs. S. Sujatha

Court: Karnataka

Decided on: Apr-13-2016

(Prayer: This Crl.RP filed u/s.397 r/w 401 Cr.P.C by the Advocate for the Petitioner praying that this Hon'ble Court may be pleased to set aside the Order Dated 20.7.2013 in Crl. Misc. No.295/2011 passed by the III M.M.T.C., Bangalore and Order Dated 28.3.2014 in Crl.A.No.407/2013 passed by the P.O., F.T.C.-V, Bangalore vide Annexure-A and C.) 1. Respondent of a case bearing Crl.Misc.No.295/2011 which was pending on the file of the Court of II MMTC, Bangalore has filed this revision petition challenging the final order passed on 20.07.2013 in Crl.Misc.No.295/2011 and affirmation of the same in Crl.A.No.407/2013 an appeal filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act'). The respondent was the petitioner in the said case and petitioner herein was the respondent in the said Crl.Misc.295/2011. Parties would be referred to as petitioner and respondent as per their ranking before the trial Court. 2. Petitioner is the legally wedded wif...


Apr 13 2016

R. Sathyanarayana Vs. The Commissioner Bangalore Development Authority

Court: Karnataka

Decided on: Apr-13-2016

1. Petitioner has assailed order dated 6.10.2000 issued by the respondent (Annexure-D) and has also challenged endorsement dated 6.6.2014 (Annexure-H). Further, petitioner has sought a direction for allotment of the site in question in his favour by accepting the balance sital value with requisite penal interest. 2. It is the case of the petitioner that he belongs to socially and economically weaker section of society and that he had applied for ailoiment of a site measuring 30'x 40' on 13.5.1998 after depositing the requisite amount of Rs.21,750/- as the initial sital value to the Bangalore Development Authority(BDA). Site bearing No.1859, measuring 30' x 40' situated in Hosur - Sarjapur Road, Sector-2 valued at Rs. 1,74,000/- was allotted to the petitioner by allotment letter dated 7.5.1999, subject to certain terms and conditions with regard to payment of balance sital value. Petitioner had to pay the balance sital value of Rs.1,52,000/-. Admittedly, the balance sital value was not ...


Apr 13 2016

K.V. Ravikumar Vs. The State of Karnataka Department of Home Vidhana S ...

Court: Karnataka

Decided on: Apr-13-2016

1. The order of detention, dated 3.2.2016 passed by the Deputy Commissioner and District Magistrate,Shivamogga vide Annexure-C under Section 3(2) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goor.das, Immoral Traffic Offenders and Slum-Grabbers, Video or Audio Piracy Activity Act, 1985 (Karnataka Act 12 of 1985) and other subsequent orders, including the order of confirmation dated 11.3.2016 vide Annexure-F passed by the State Government are called in question in this writ petition. 2. Petitioner has raised number of grounds assailing the correctness of tne impugned order of detention. He mainly contends that the order of confirmation dated 11.3,2016 vitiates, inasmuch as the representation/statement of objections filed by the detenue sent through the prison authorities to the State Government is not placed before the Advisory Board at the time of hearing the detenue before the Advisory Board. He relies upon the document at Annexure-G, d...


Apr 13 2016

Chinnathaye Vs. The Commissioner Bangalore Development Authority, Bang ...

Court: Karnataka

Decided on: Apr-13-2016

1. Petitioner has assailed cancellation order dated 5.4.2004(Annexure-E) though mentioned as 10.4.2000 in the prayer column) and has sought a direction to the respondent to consider representations dated 10.1.2008 , 26.3.2012 and subsequent representations with regard to the allotment and cancellation of site bearing No. 329, measuring 20x30 feet, situated at J.P.Nagar 9th Phase, 3rd Block, Bengaluru. 2. It is the case of the petitioner that he had applied for allotment of site in the year 1989 on the premise that he belongs to scheduled caste category. On 10.4.2000, the site in question was allotted to the petitioner and the (Balance sital value of Rs.33, 490/- had to be paid by her. Admittedly, the same was not paid in time. The respondent issued show cause notice to the petitioner and thereafter cancelled the allotment on 5.4.2004. Petitioner thereafter made an attempt to deposit the entire sital value through demand draft bearing No.483722 dated 12.5.2004vide representation- dated ...


Apr 13 2016

Deepak Kumar Vs. Rathanlal

Court: Karnataka

Decided on: Apr-13-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF APRIL, 2016 PRESENT: THE HON'BLE Mr. JUSTICE S.ABDUL NAZEER AND THE HON'BLE Mr. JUSTICE A.V.CHANDRASHEKARA CRIMINAL APPEAL NO.345 OF2010(A) S/o. Sri. Lehar Singh, Major. D/o. Sri.Deepak Kumar 14 years. S/o. Sri.Deepak Kumar 11 years. Between:1. Deepak Kumar 2. Miss. Namratha 3. Master Pranaya Appellants 2 & 3 are the children of appellant No.1. They are minors represented by the natural guardian - father of the appellant No.1 named above. All are residing at No.351 13th cross, 5th main road 2 H.I.G. colony, R.M.V. Extension 2nd stage, Bangalore 560 094. ... Appellants Rathanlal S/o. Late Gogaraj, 75 years No.2028/2, Keshava Iyengar Road, Mysore. (By Sri. S.G.Bhagawan, Adv.) And:1. 2. The State of Karnataka By the Officer in charge of Police Station Sanjaynagar Police station Bangalore 560 094. ... Respondents (By Sri. M.S.Rajendra Prasad, Sr. Counsel, for Sri.Keerthikar, Adv., for R1; Sri. P.M.Nawaz, S.P.P., for...


Apr 13 2016

R Gangadharappa Vs. Smt Kondla Nanjamma

Court: Karnataka

Decided on: Apr-13-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF APRIL, 2016 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.95/2016 BETWEEN: R. GANGADHARAPPA S/O. B.RAMAIAH, AGED ABOUT57YEARS, RESIDING AT KADEHALLI VILLAGE, KASABA HOBLI, GUDIBANDA TALUK, CHIKKABALLAPUR DISTRICT- 561 209. ... APPELLANT (BY SRI J.N. NAVEEN FOR M/s. A. NAGARAJAPPA & ASSOCIATES, ADVS.) AND: SMT. KONDLA NANJAMMA W/O. LATE BAYANNA, AGED ABOUT67YEARS, RESIDING AT PUTTAPARTHI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT 561 207. (BY SRI K.N. NITISH FOR SRI K.V.NARASIMHAN, ADV.) ...RESPONDENT2THIS RSA IS FILED UNDER S.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED0711.2015 PASSED IN R.A.NO.145/2011 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & C.J.M., CHIKKABALLAPUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED2206.2011 PASSED IN O.S.NO.152/2009 ON THE FILE OF THE CIVIL JUDGE, BAGEPALLI. COURT DELIVERED THE FOLLOWING: THIS RSA COM...


Apr 12 2016

M/s. IDEB Buildcon Private Limited and Others Narinder Malik

Court: Karnataka

Decided on: Apr-12-2016

(Prayer: This Crl.Rp Filed U/S.397 R/W 401 Cr.P.C By the Advocate for the Petitioner Praying that this Hon ble Court may be Pleased to Set aside The Order of conviction and sentence including The Payment of fine and Interest dated 11.11.2015 Passed by the Lix Addl. City Civil and S.J., Bangalore in Crl.A.No.1477/2014 and the order dated 01.12.2014 Passed by The Xiii A.C.M.M., Bangalore In C.C.No.19033/2011.) 1. All these revision petitions are directed against the judgment of conviction and sentence passed by the trial Court in C.C.No.19033/2011 and affirmation of the same in Crl.A.No.1477/2014, C.C.No.21872/2011 and affirmation of Crl.A.No.1478/2014, C.C.No.21873/2011 and Crl.A.No.1479/2014 respectively. Complaints had been filed separately for the offence punishable under Section 138 of N.I. Act in C.C.Nos.19033/2011, 21872/2011 and 21873/2011. 2. Respondent Narider Malik in Crl.R.P.No.1273/2015, respondent Smt. Neelam Malik in Crl.R.P.No.1274/2015 and respondent Mr. Naveen Malik in ...


Apr 12 2016

Sardarpasha and Others Vs. Sameena Begum and Another

Court: Karnataka Kalaburagi

Decided on: Apr-12-2016

(Prayer: This Criminal Petition is filed under Section 482 of Cr.P.C., praying to allow this petition and quash the initiation and continuation of proceedings against the petitioners herein and those accused No.2 to 10 in Crime No.87/2015 registered with the Market Yard Police Station, Raichur Circle for the offences punishable under Sections 143, 147, 148, 323, 498-A, 504 r/w Section 149 of IPC.) 1. Petitioners who are arraigned as accused Nos.2 to 10 in Crime No.87/2015 are before this Court seeking for quashing of the FIR as well as all further investigation pending against them. 2. Notice has been issued to the first respondent and she is represented by her counsel. The second respondent is represented by the learned High Court Government Pleader. 3. I have heard the arguments of the learned counsel for the petitioners and learned counsel for respondent No.1. 4. It is contended by the learned counsel for the petitioners that petitioners have been arrayed as accused persons unnecess...


Apr 12 2016

Tulasi Bai and Others Vs. K. Pushkar Rao, By LRs. and Others

Court: Karnataka

Decided on: Apr-12-2016

A.N. Venugopala Gowda, J. 1. Sri. K. Pushkar Rao, the predecessor of the respondents filed O.S. No. 406/2009 against the appellants/defendants, in the Court of Senior Civil Judge at Mysore, to pass a decree for partition and separate possession of his half share in and upon the plaint schedule property and for grant of other reliefs. The suit having been decreed by the II Additional Senior Civil Judge, Mysore, R.A. No. 349/2013 was filed in the District Court at Mysore. The appeal having been dismissed by the VII Additional District Judge at Mysore, this second appeal was filed. 2. The facts of the case are as follows: Sri K. Pushkar Rao and the predecessor of the defendants late Srinivasa Rao were brothers. The suit schedule property belonged to one Valiambi and her children and it was sold in favour of the plaintiff and his brother Srinivasa Rao. Plaintiff and Srinivasa Rao being minors, at the relevant point of time, the purchase was made by their grandmother Gunabiamma, as the guar...


Apr 12 2016

Karnataka Power Corporation Limited, rep. by its Asst. General Manager ...

Court: Karnataka

Decided on: Apr-12-2016

(Prayer: These writ appeals are filed u/s. 4 of the Karnataka High Court Act praying to set aside the order passed in Writ Petition Nos.45102-45103/2015 dated 08/12/2015.) 1. These writ appeals arise from the judgment and order dated December 08, 2015 in W.P.Nos.45102-103 of 2015 filed by EMTA Coal Limited ( EMTA ) and Karnataka EMTA Coal Mines Limited ( KECML ), the writ petitioners, against Karnataka Power Corporation Limited ( KPCL ) and the State of Karnataka, the respondents. 2. Separate writ appeals challenging the order of the Hon ble Single Judge have been filed by EMTA, KECML, KPCL and the State of Karnataka. Given the commonality of the questions involved, with the consent of the learned advocates appearing for the parties, the writ appeals have been heard together and are disposed of by this common order. 3. KPCL was allotted certain coal mines by the Union of India for captive consumption of coal in its thermal power projects in Karnataka. Through a lawful process, in the y...


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