Karnataka Court June 2016 Judgments
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S. Gopal Vs. The Commissioner of Excise and Another
Court: Karnataka
Decided on: Jun-08-2016
(Prayer: This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dt: 6.6.2015 passed by R-2 is illegal as per Annex-A and etc.) 1. The present writ petition has been filed by Mr.S.Gopal, holding CL-9 licence to vend liquor at the address given in Annexure-B i.e., shop No.10 (old No.19), Mavalli Tank Bund Road, Kalasipalya, Bangalore, aggrieved by the order Annexure-A dated 06.06.2016, asking him to shift the said liquor vending shop from the said location to another place which is not objectionable as per the provisions of Karnataka Excise Licences (General Conditions) Rules, 1967, which prohibit the existence of a liquor shop within 100 mtrs of any religious or educational institution or Hospital or any Office of the State Government or Central Government or Local Authorities or in a residential locality as specified in sub-rule(1) of Rule-5. 2. The contention raised by the present petitioner before this Court and as submitted by ...
State of Karnataka represented by the Police Inspector, Chennammanaker ...
Court: Karnataka
Decided on: Jun-08-2016
(Prayer: This Appeal is filed under Section 378(1) and (3) Cr.P.C. praying to (a) grant leave to appeal against the judgment and order dated 22.1.2015 passed by the learned II Additional C.M.M., Bangalore in C.C. No. 23501/2005, acquitting the respondents-accused of the offences punishable under Sections 323, 504, 326, 427 read with 34 of IPC; (b) set-aside the aforesaid judgment and order dated 22.1.2015 passed by the learned II Additional C.M.M., Bangalore in C.C. No. 23501/2005 by allowing this appeal and (c) convict and sentence the respondents-accused for the offences punishable under Sections 323, 504, 326, 427 read with 34 of IPC.) 1. The judgment and order of acquittal passed by the II Additional CMM Court, Bangalore dated 22.1.2015 passed in C.C. No. 23501/2015 is impugned in this Criminal Appeal filed by the State. 2. The accused were tried and acquitted of the offences punishable under Sections 323, 504, 326, 427 read with Section 34 of IPC. It is not in dispute that the off...
Bajaj Allianz General Insurance Company Limited, Bangalore Vs. Prashan ...
Court: Karnataka
Decided on: Jun-08-2016
B. Manohar, J. 1. The appellant/insurance company has filed this appeal being aggrieved by the judgment and award dated 25-6-2011 made in MVC No. 891/2009 passed by the District Judge, Additional Motor Accident Claim Tribunal-II, I Fast Track Court, Shimoga (hereinafter referred to as the Tribunal for short) fastening the liability on them to compensate the claimant. 2. The first respondent herein filed the claim petition contending that on 8-4-2009 at about 5.30 p.m., while he was travelling in a tractor and trailer bearing Registration No. KA-14/TA-1543-44 belonging to the 3rd respondent herein on Tank Bund of Basavanagangoor village, the driver of the Tractor and Trailer drove the vehicle in a rash and negligent manner. As a result of which, the Tractor and Trailer turned turtle. In view of that, the claimant fell down and sustained grievous injuries. He filed a claim petition contending that due to the rash and negligent driving of the Tractor and Trailer, the accident has occurred...
K.V. Venkata Reddy Vs. C.M. Radhakrishna and Another
Court: Karnataka
Decided on: Jun-08-2016
B. Manohar, J. 1. Appellant is the claimant. Being dissatisfied with the quantum of compensation awarded by the judgment and award dated 28th September, 2010 made in MVC No. 8306/2008 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as the Tribunal for short) he has filed this appeal. 2. The appellant filed the claim petition contending that on 18-08-2008 at about 8.55 p.m., while he was proceeding in his motor-bike bearing Registration No. KA-04/W- 5355 from Hebbala Kempapura towards White Field, a Canter vehicle bearing Registration No. KA-07/9333 driven by its driver in a rash and negligent manner dashed against the motorbike. Due to the said impact, the claimant fell down and sustained grievous injuries. Initially he had taken treatment at Baptist Hospital and thereafter he had taken treatment at St. John s Hospital. He was inpatient for a period of 28 days and thereafter he had taken follow-up treatment as out-patient. Prior to the accident, he was ...
M/s. H. Bhurmal and Brothers and Another Vs. Basavant Dharmappa Pujari ...
Court: Karnataka Dharwad
Decided on: Jun-08-2016
(Prayer: This RSA is filed u/Sec. 100 of CPC, against the Judgment and decree dated 29.10.2005 passed in R.A. No. 26/2003 on the file of the II Addl. District Judge at Belgaum, dismissing the Appeal and confirming the judgment and decree dated 17.03.2003 passed in O.S. NO. 232/1998 on the file of the I Addl. Civil Judge (Sr.Dn) Belgaum.) 1. Defendants in O.S. No. 232/1998 on the file of the I Addl. Senior Civil Judge at Belgaum are the appellants. The respondent had instituted the suit on 23.09.1998 to pass a decree for recovery of Rs. 72,000/- with interest and costs. Written statement was filed and suit was contested. Eight issues were raised for trial. Plaintiff got examined himself as PW-1 and marked 8 documents as Exs. P1 to P8. Defendant No. 2 got himself examined as DW-1 and marked 4 documents as Exs. D1 to D4. The suit was decreed on 17.03.2003 for a sum of Rs. 15,297/- by way of damages for the period from 23.09.1995 till 01.01.1997 i.e., being the loss caused to the plaintiff...
S. Gopal, Cl-9 Licensee Vs. The Commissioner of Excise
Court: Karnataka
Decided on: Jun-08-2016
1 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE08h DAY OF JUNE2016BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.21267/2016(Excise) BETWEEN: S. GOPAL, CL-9 LICENSEE S/O LATE KARIBASAPPA AGED ABOUT58YEARS No.66, 4TH BLOCK N BLOCK RAJAJINAGAR, BANGALORE-10. (BY SRI. B.N. SHETTY, ADV.) AND:1. THE COMMISSIONER OF EXCISE IN KARNATAKA2D FLOOR, TTMC A BLOCK BMTC COMPLEX, SHANTHINAGAR BENGALURU 560 027. PETITIONER2 THE DY. COMMISSIONER OF EXCISE BANGALORE URBAN DISTRICT (SOUTH) No.22, POORNIMA COMPLEX J.C. ROAD, BENGALURU 560 027. (BY SRI. T.K. VEDAMURTHY, AGA) RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DT:6.6.2015 PASSED BY R-2 IS ILLEGAL AS PER ANNEX-A & ETC., THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:- 2 ORDER The present writ petition has been filed by Mr.S.Gopal, holding CL-9 licence to vend liquor at the address given in Annexure-B i.e., shop ...
M/S H Bhurmal and Brothers Vs. Basavant Dharmappa Pujari @ Kudachi
Court: Karnataka Dharwad
Decided on: Jun-08-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE8T H DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.149/2006 BETWEEN:1. M/S H. Bhurmal & Brothers A registered partnership firm, By its Partner Hastimal Bhurmal Porwal, Age:56. years, 790, Ravivar Peth, Belgaum-590001 2. Hastimal Bhurmal Porwal Age:56. years, Occ: Business, 790, Ravivar Peth, Belgaum-590001. (By Shri R.M. Kulkarni, Adv.) ..Appellants :2. : AND : Basavant Dharmappa Pujari @ Kudachi, Age:40. Years, Occ: Medical Practitioner R/o. Basti Galli, Basawan Kudachi, Dist: Belgaum - 590001 Respondent (By Shri Ravi S. Balikai, Adv.) ********* THIS RSA IS FILED U/SEC. 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED2910.2005 PASSED IN R.A.NO.26/2003 ON THE FILE OF THE II ADDL. DISTRICT JUDGE AT BELGAUM, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED1703.2003 PASSED IN O.S.No.232/1998 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR.DN) BELGAUM. THIS APPEAL ...
State of Karnataka Vs. Ramesh
Court: Karnataka
Decided on: Jun-08-2016
- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE8H DAY OF JUNE, 2016 PRESENT THE HONBLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR AND THE HONBLE MR.JUSTICE BUDIHAL R.B. CRIMINAL APPEAL NO.1367/2015 ..Appellant BETWEEN : State of Karnataka Represented by the Police Inspector Chennammanakere Achukattu Police Station Bangalore City 560 018 (By Sri P.M.Nawaz, SPP-1) AND :1. Ramesh S/o Honnegowda Aged about 41 years 2. Varadevi W/o Ramesh Aged about 39 years - 2 - Both are resident of No.61-1, Opp. Sudha Lodge Cottonpet Main Road Bangalore-560 018 ..Respondents This Appeal is filed under Section 378(1) and (3) Cr.P.C. praying to (a) grant leave to appeal against the judgment and order dated 22.1.2015 passed by the learned II Additional C.M.M., Bangalore in C.C.No.23501/2005, acquitting the respondents-accused of the offences punishable under Sections 323, 504, 326, 427 read with 34 of IPC; (b) set-aside the aforesaid judgment and order dated 22.1.2015 passed by the learned II Add...
Yellappa Veerappa Maddikar Vs. State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Jun-07-2016
(Prayer: This Writ Petition is filed Under Article 226 of the Constitution of India praying to set aside the Order dated:17.12.2015, passed by the Hon ble Karnataka Administrative Tribunal, Bengaluru in Application No.1561/2012 at Annexure-A and allow the Application as prayed for.) H.G. Ramesh, J. (Oral): 1. Whether non-filing of charge sheet by police against a government servant, on completion of investigation, precludes holding of a disciplinary inquiry against him on the same allegation of demanding a bribe made against him in the complaint to the police? This is the question that requires to be determined in this writ petition. 2. Correctness of the order dated 17.12.2015 passed by the Karnataka Administrative Tribunal dismissing the petitioner s Application No.1561/2012 is questioned in this writ petition. The said application was filed by the petitioner to set aside the report dated 31.10.2011 submitted by the Upa-Lokayukta to the State Government under Section 12(3) of the Kar...
S.S. Jyothi Prakash Vs. The Additional Commissioner of Income-Tax, Shi ...
Court: Karnataka
Decided on: Jun-07-2016
(Prayer: This ITA is filed U/S. 260-A of I.T. Act, 1961 arising out of Order dated 10-08-2010 passed in ITA No. 534/BANG/2010, for the Assessment year 2006-07, praying that this Hon ble Court may be pleased to: (I). Formulate the Substantial Questions of Law stated therein, (II). Allow the appeal and set aside the order passed by the ITAT, Bangalore in ITA No. 534/BANG/2010, dated 10-08-2010, in the interest of justice and equity.) 1. The present appeal has been admitted on the following substantial question of law:- Whether the finding of the Tribunal that the valuation made by the District Registrar/Appellate Authority is more effective and realistic without assigning any reasons is perverse, arbitrary and unsustainable? 2. In order to appreciate the controversy and then to address the question, we need to refer certain factual aspects. 3. The appellant is an individual mainly engaged in the transport business and running proprietary concern on the name and style of Shri Shivalinga ...
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