Karnataka Court July 2016 Judgments
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B.S. Mahesha Vs. The Secretary Karnataka Secondary Education and Other ...
Court: Karnataka
Decided on: Jul-01-2016
(Prayer: This Regular First Appeal is filed under Section 96 of the code of the Civil Procedure against the judgment and decree dated 3-10-2015 passed in O.S.No.25197 of 2013 on the file of the XXVIII Additional City Civil Judge, Mayohall Unit, Bengaluru, dismissing the suit for declaration.) 1. The unsuccessful plaintiff, who is working as Deputy General Manager in Tata Consulting Engineers Limited, filed suit for declaration against the defendants Government to declare his date of birth as 29-9-1959 and to correct his date of birth in his School records and issue S.S.L.C. marks card by entering his correct date of birth as 29-9-1959 instead of 21-9-1956 at the fag end of his service. 2. The appellant- plaintiff filed O.S.No.25197 of 2013 before the trial Court for declaring his date of birth as 29-9-1959 instead of 21-9-1956 contending that he was born on 29-9-1959 at Nelamangala, Bengaluru Rural District. His parents are Smt. R. Susheelamma and Sri M. Shekar @ M. Chandshekaraiah. Th...
K. Basavana Gowda and Others Vs. Government of Karnataka, Housing and ...
Court: Karnataka
Decided on: Jul-01-2016
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for records pertaining to the approval of layout in TS No.350 of Bellary Town given in the year 1972 and declare the schedule lands as parks and direct the respondents to develop and maintain them as parks as shown in Annexure-A, and etc.) 1. In this public interest litigation, we are concerned with an issue as to whether site No.350/133 is a park in the concerned private layout or not. 2. Two brothers, namely, Dodda Sharanappa and Sanna Sharanappa, wanted to form a private layout in survey No.350 of the Ballari Town. At the relevant point of time, the Ballari Urban Development Authority was not there. Therefore, they approached the Town Planning Authority in 1971. The City Planning Authority, at the relevant point of time, was Vijayanagara Steel Planning Area. The Director of Town Planning Authority, after approval of the private layout as proposed by the said two brothers, fo...
Shivasharanappa and Another Vs. The State of Karnataka, Gulbarga
Court: Karnataka
Decided on: Jul-01-2016
Anand Byrareddy, J. 1. Heard the learned counsel for the appellant and the learned Government Pleader. 2. The appellants were arraigned as accused nos. 1, 5 and 6 in Crime No. 27/2009 and it was later numbered as Special Case No. 86/2009 before the court below. 3. The background was that on 21.2.2009, at about 9 a.m., in Dhuttargoan village, when one Parmeshwar was going along the road after playing volley ball, it transpires that Nagendra, who was present there, saw the accused forming themselves into an unlawful assembly attacked PW.3 and when the complainant intervened, they continued to attack the complainant and when again, the complainant tried to intervene, he was in turn assaulted by accused no. 3. There were six accused in all. On the basis of the complaint, they were arrested and enlarged on bail. Thereafter, they were charge-sheeted for offences punishable under Sections 143, 147, 148. 323, 324, 326, 504 and 506 read with Section 149 of the Indian Penal Code, 1860 (Hereinaft...
Mustafa Vs. State of Karnataka, Rep by Bantwala Police Station and Ano ...
Court: Karnataka
Decided on: Jul-01-2016
H. Billappa, J. 1. The petitioner has filed this petition challenging the order dated 3.3.2016 passed by the VI Addl. District and Sessions Judge, D.K. Mangaluru, in S.C.No.41/2012. 2. By the impugned order, the Trial Court has rejected the application filed by the petitioner under section 311 of Cr.P.C. praying to recall PW-6 for further cross examination. 3. Aggrieved by that, the petitioner has filed this petition. 4. Briefly stated the facts are: The petitioner is accused No.1 in S.C. No. 41/12 on the file of the VI Addl. District and Sessions Judge, D.K., Mangaluru. The prosecution has led its evidence. The statement of the accused under section 313 of Cr.P.C. has been recorded. Thereafter, the petitioner has filed application under section 311 of Cr.P.C. praying to recall PW-6 i.e., the victim. The Trial Court by its order dated 3.3.2016 has rejected the application. Aggrieved by that, the petitioner has filed this petition. 5. The learned counsel for the petitioner contended tha...
Channamma @ Neelamma Vs. Kallahalli Suresh
Court: Karnataka Dharwad
Decided on: Jul-01-2016
(Prayer: This Criminal Petition is filed under Section 482 of Cr.P.C. seeking that the impugned order vide Annexure-A passed by the Sessions Judge, Koppal in Crl.R.P.NO.11/2013 dated 13.06.2014 be set aside and the order passed by the JMFC Court, Yelburga in Crl.Misc. 20/2010 dated 04.12.2012 be confirmed by allowing this petition.) 1. This petition is by the wife against the husband, assailing an order dated 13.06.2014 passed in Crl.R.P. No.11/2013 by the Sessions Judge, Koppal. By the said Order, revision petition filed by the respondent was allowed and the maintenance awarded by the Magistrate was set aside and the petitioner was reserved with the right to seek maintenance, if any, in M.C. No.35/2006, on the file of the Sr. Civil Judge, Hospet. 2. In view of the controversy at hand, it is unnecessary to state the facts in details, except to note that the marriage of the petitioner and the respondent was solemnized on 03.03.2002 and M.C.No.20/2002 filed by the respondent to pass decr...
Mahadev and Others Vs. The State of Karnataka and Others
Court: Karnataka
Decided on: Jul-01-2016
(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents not to dispossess the petitioners from the land in question as described in Annexure-A i.e., in Sy.No.120 of Sogane Village, Shimoga Taluk and District and etc.) 1. As the questions of fact and law in W.P.Nos.19474-19479/2016 and W.P.Nos.19480-19486/2016 are similar, they are clubbed, heard together and are being disposed of by this common order. The facts are narrated with reference to W.P.Nos.19474-19479/2016. 2. The petitioners are the applicants for the grant of the land. The fifth respondent Committee resolved to grant the land in its meeting held on 8.4.2015. The fourth respondent Tahsildar has expressed his dissenting view. The Chairman and three members constitute the majority. They have resolved to grant the land. It is the grievance of the petitioners that the Committee s resolution is not being implemented and that the saguvali chit is not being i...
The Reliance General Insurance Co.Ltd., Bangalore Vs. Ramappa and Othe ...
Court: Karnataka Dharwad
Decided on: Jul-01-2016
(Prayers: This Appeal is filed U/S. 30(1) of W.C. Act, 1923, against the Judgment and Order dated 31.12.2009 passed in WC. NF-46/2008 on the file of the Labour Officer and Commissioner for Workmen s Compensation, Bagalkot District, Bagalkot, awarding the compensation of Rs. 1,43,774/- with interest at the rate of 12% P.A. from 02.01.2008 till its deposit. This Appeal is filed U/S. 30(1) of W.C. Act, 1923, against the Judgment and Order dated 31.12.2009 passed in WC. NF-47/2008 on the file of the Labour Officer and Commissioner for Workmen s Compensation, Bagalkot District, Bagalkot, awarding the compensation of Rs. 1,87,410/- with interest at the rate of 12% P.A. from 02.01.2008 till its deposit.) 1. Both these appeals are directed against the common judgment and award dated 31.12.2009 passed by the Labour Officer and Commissioner for Workmen s Compensation, Bagalkot, (for short, the Commissioner ) in W.C.A. NF. No. 46/2008 and W.C.A. NF. No. 47/2008. 2. The claim petitions were filed ...
State of Karnataka, rep. by its Chief Secretary and Others Vs. Jagadev ...
Court: Karnataka
Decided on: Jul-01-2016
(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 Nos.28063/2015 C/W 594/15, 22682/15 and 26102/2015 dated 10/03/2016 and etc.,) Nagarathna, J. 1. The State and other authorities have preferred these writ appeals assailing order dated 10/03/2016, passed in Writ Petition No.28063/2015 and connected matters. By that order, the learned Single Judge of this court has held that Explanation - 2 to Section 3 of Karnataka Motor Vehicle Taxation Act, 1957 (hereinafter, referred to as the Act , for the sake of brevity) inserted by the Karnataka Motor Vehicles Taxation (Amendment) Act, 2014 (hereinafter referred to as the Amendment Act, 2014 ) is unconstitutional and ultra vires the Constitution. Consequently, the demand raised on the respondent-petitioners were quashed. In order to arrive at the said conclusion, learned Single Judge held that, the Amendment Act, 2014 had not removed the basis of the decision in ...
State of Karnataka Vs. Sri Jagadev Biradar
Court: Karnataka
Decided on: Jul-01-2016
-:1. :- R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE1T DAY OF JULY2016PRESENT THE HON'BLE MR. JUSTICE JAYANT PATEL AND THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT APPEAL No.850/2016 & WRIT APPEAL Nos.871-873/2016 (T-MVT) W.A.No.850/2016 IN W.P.No.28063/2015 BETWEEN:1. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE 560 001. THE COMMISSIONER, TRANSPORT AND ROAD SAFETY, I FLOOR, A BLOCK, TTMC BUILDING, SHANTHINAGAR, WILSON GARDEN, BENGALURU 560 027. THE REGIONAL TRANSPORT OFFICER (RTO), REPRESENTED BY THE INSPECTOR OF MOTOR VEHICLES (IMV), OLD MADRAS ROAD, K.R.PURAM, BENGALURU 560 049. ... APPELLANTS2 3. (BY SRI: A.S. PONNANNA, ADDITIONAL ADVOCATE GENERAL WITH SRI. K.M. SHIVAYOGI SWAMY, ADDITIONAL GOVERNMENT ADVOCATE) -:2. :- AND: SRI. JAGADEV BIRADAR, SON OF MADIVALAPPA, AGED ABOUT54YEARS, RESIDENT OF S.R.NO.2/2/2/6, BUILDING NO.A, PINNACLE TAHE WOODS, FLAT NO.501, WAKAD, PUNE 411 027, MAHARASHTRA STATE. ALSO AT: HOUSE NO.124, M.R.RIC...
Channamma@neelamma Vs. Kallahalli Suresh S/O. Kallhalli Doddanagouda
Court: Karnataka Dharwad
Decided on: Jul-01-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE1S T DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.101338/2014 BETWEEN: SMT.CHANNAMMA @ NEELAMMA, W/O. KALLAHA LLI SUR ESH, AGE:30. YEARS , OCC:HOUSEHOLD , R/O. GADI GANOOR, TQ:HOSPET, DIST:BELLARY, NOW AT S HIRUR , TQ:YELBUR GA, DIST:KOPPA L. (BY SRI B.V .SOMAPUR, ADV .) AND: KALLAHALLI SURESH S/O. KALLA HALLI DODDANAGOUDA , AGE:34. YEARS , OCC:AGRICULTUR E, R/O. GADI GANOOR, TQ:HOSPET, DIST:BELLARY. (BY J.BASAVARAJ , ADV.) .PETITIONER .RES PONDENT :2. : THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF CR .P.C. SEEKIN G THAT THE IMPUGNED ORD ER VIDE ANNEX URE-A PASSED BY T HE SESSIONS J UDGE, K OPPA L IN CRL.R P.N O.11/2013 DATED1306.2014 BE SET ASIDE AND THE ORDER PASSED BY THE JMFC COURT, YELBURGA IN CRL.MISC. 20/ 2010 DATED0412.2012 BE CONFIRMED BY ALLOWING THIS PETITION . THIS CRIMINAL PETITION COMING ON FOR ORDERS T HIS DAY, THE COURT MADE THE FOLLOWING: - ORDER This pet...
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