Karnataka Court July 2016 Judgments
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Gayathri Vs. M. Girish
Court: Karnataka
Decided on: Jul-14-2016
(Prayer: This Writ Petition is filed under Article 227 of the Constitution of India praying to set aside the impugned order dtd 16.06.2016 passed by the learned City Civil and Sessions Judge, Bengaluru vide Annexure-A in O.S.1712/07 rejecting the IA-22 filed by the petitioner herein seeking for recall of PW-1 for further cross-examination.) 1. This petition is directed against the order dated 16.06.2016 on I.A.No.22 filed under Order 18 Rule 17 of CPC by the petitioner / defendant in O.S.No.1712/2007 on the file of the Principal City Civil and Sessions Judge, Bengaluru, dismissing with cost. 2. Heard Sri. G.S. Prasanna Kumar, learned counsel appearing for the petitioner. 3. The respondent plaintiff has filed the instant suit for declaration, recovery of possession and damages. Plaintiff s GPA holder was examined and evidence of plaintiff s side was closed on 12.9.2012. Thereafter, defendant started seeking adjournments by filing IAs. one after the other. I.A.No.5 was filed under Order ...
Thimmaiah @ Puttaswamy, Mandya District Vs. The Deputy Commissioner, M ...
Court: Karnataka
Decided on: Jul-14-2016
(Prayer: This WP is filed under Article 226 of the Constitution of India praying to quash the impugned order dated 15.12.2015 passed by the R-1 in his order at Annex-G;) 1. The petitioner herein, who is a purchaser of land bearing Sy.No.24, new Sy.No.113 measuring to an extent of 2 acres situated at Mallanakuppe village, Ataguru Hobli, Maddur Taluk, Mandya District, has come up in this writ petition impugning the order dated 15.12.2015 passed by the first respondent - Deputy Commissioner in PTCL.No.19/2015, wherein the first respondent has set aside the order dated 16.7.2015 passed by the second respondent - Assistant Commissioner in PTCL.No.8/2012-2013 and remanded the matter back to second respondent for fresh consideration on merits. 2. Brief facts leading to this writ petition are as under; The land in Sy.No.24, New Sy.No.113 was granted in favour of one Smt.Muthamma, who inturn has sold the same to petitioner under a registered sale deed dated 12.6.1969. Thereafter, the said sale ...
Ramarao @ Ajit and Another Vs. State of Karnataka, Department of Publi ...
Court: Karnataka Dharwad
Decided on: Jul-14-2016
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the learned Single Judge s Order dated 03.11.2015 passed in WP.No.107954/2015 (LA-RES) and consequently allow WP.No.107954/2015.) H.G. Ramesh J.: 1. Whether the learned Single Judge is justified in rejecting the appellants writ petition on the ground of delay and laches in the absence of any explanation for the inordinate delay of more than one hundred and fifty years in raising the dispute, and in approaching the Court, is the question that requires to be considered in this intra Court appeal. The grievance of the appellants is, long back their land was used for construction of Government Guest house without due acquisition and payment of compensation, and hence, they are entitled for compensation. 2. This writ appeal is directed against the order dated 03.11.2015 passed by a learned Single Judge of this Court, whereby the learned Single Judge has rejected the appellants writ...
Gayathri Vs. M Girish
Court: Karnataka
Decided on: Jul-14-2016
- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.36022 OF2016(GM-CPC) BETWEEN: GAYATHRI AGED ABOUT54YEARS W/O T J MARIGOWDA # 412, SY NO13 20TH MAIN ROAD LAGGERE VILLAGE, NANDINI LAYOUT BENGALOORU 560 096 REPRESENTED BY HER SPA HOLDER T J MARIGOWDA. PETITIONER (BY SRI.G.S.PRASANNA KUMAR, ADV.,) AND: M GIRISH AGED ABOUT39YEARS S/O MOGANNA GOWDA # 58/A, 13TH CROSS MAHALAKSHMI LAYOUT BENGALOORU 560 086 REPRESENTED BY HIS GPA HOLDER MOGANNA GOWDA. ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE227OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD1606.2016 PASSED BY THE LEARNED CITY CIVIL AND SESSIONS JUDGE, BENGALURU VIDE ANNEXURE-A IN O.S.1712/07 REJECTING THE IA-22 FILED BY THE PETITIONER HEREIN SEEKING FOR RECALL OF PW-1 FOR FURTHER CROSS-EXAMINATION.-. 2 - THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:- ORD...
Sri. Ramarao Alias Ajit S/O Krishnarao Desai Vs. State of Karnataka
Court: Karnataka Dharwad
Decided on: Jul-14-2016
-1- WA.No.100002/2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE14H DAY OF JULY2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA WRIT APPEAL No.100002/2016 (LA-RES) R BETWEEN :1. SRI RAMARAO ALIAS AJIT S/O KRISHNARAO DESAI AGED ABOUT49YEARS R/O.YARAGATTI TALUK SAUNDATTI DISTRICT BELAGAVI2 SRI SUJIT S/O KRISHNARAO DESAI AGED ABOUT42YEARS R/O YARAGATTI, TALUK SAUNDATTI DISTRICT BELGAUM BOTH ARE REPRESENTED BY THEIR GPA HOLDER BASANAGOUDA S/O BASANAGOUDA PATIL AGED ABOUT63YEARS R/O:SATTIGERI, TALUK SAUNDATTI DISTRICT BELAGAVI (BY SRI G.R.GURUMATH, ADVOCATE) ... APPELLANTS -2- WA.No.100002/2016 AND :1. 2. 3.4. STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS PORT AND INLAND, WATER, TRANSPORT1T FLOOR, VIKAS SOUDHA BENGALURU-560001 BY ITS PRINCIPAL SECRETARY THE EXECUTIVE ENGINEER PUBLIC WORK, PORT AND INLAND WATER, TRANSPORT DEPARTMENT DIVISION OFFICE KILLA BELAGAVI THE DEPUTY COMMISSIONER BELAGAVI DISTRICT BELAGAVI THE ASSISTANT COMMISSIONER...
Yenkanna @ Yenkappa and Others Vs. The State of Karnataka, through Far ...
Court: Karnataka Kalaburagi
Decided on: Jul-13-2016
(Prayers: This Criminal Appeal is filed Under Section 374 (2) of Code of Criminal Procedure, 1973, praying to set aside the judgment and order of conviction and sentence dated 04.11.2010 passed in Sessions Case No.194/2008 on the file of the I Additional District and Sessions Judge at Gulbarga convicting the appellants/accused for the offences punishable under Sections 143, 147, 148, 447 and 302 read with Section 149 of Indian Penal Code and the appellants/accused Nos.1 to 15 are sentenced to undergo simple imprisonment for a period of six months to pay fine of Rs.500/- each. In default, they shall undergo simple imprisonment for a period of one month for the offences punishable under Sections 143, 147 and 148 of Indian Penal Code. Further, the appellants/accused No.1 to 15 are sentenced to undergo simple imprisonment for a period of one year and to pay fine of Rs.1,000/- each. In default, they shall undergo simple imprisonment for a period of three months for the offence punishable un...
U. Omprakash Hegde Vs. The State of Karnataka, Bangalore
Court: Karnataka
Decided on: Jul-13-2016
(Prayer: This Criminal Petition is filed under Section 438 of Cr.P.C. praying to allow this petitioner and direct the respondent to release the petitioner in Spl.C.No.42/2016 on the file of III Additional S.J, and Spl.Judge, D.K., Mangalore for the alleged offence P/U/S 13(1) (E) R/W 13(2) of Prevention of Corruption Act, 1988.) 1. Heard the learned counsel for the petitioner and the respondent. 2. The petitioner is charged for the offences under Sections 13(1)(e) r/w Section 13(2) of Prevention of Corruption Act, 1988. 3. The charge sheet has been filed long back and the learned counsel for the petitioner submits that after filing of the charge sheet in Special Case No.42/2016, the Court in order to secure the presence of the petitioner has issued Non Bailable Warrant. 4. The petitioner is apprehending of the arrest, if he appears before the Court or surrender before the Court. As the regular bail may take sufficient time, his right of liberty should not be jeopardized as he has activ...
Gulbarga Electricity Supply, Gulbarga and Others Vs. Sanjeevkumar and ...
Court: Karnataka Kalaburagi
Decided on: Jul-13-2016
(Prayer: These Writ Appeals are filed under Section 4 of Karnataka High Court Act praying to calling for records in writ petition set aside order of the learned single judge dated 15.12.2015 in WP No. 101460-101467/2013.) Anand Byrareddy, J. 1. Heard the learned counsel for the appellant and the learned counsel for the respondents. 2. The appellant is a statutory body and the respondents were employed by the appellants as Junior Assistants/Ledger Maintenance. The respondent-workmen had approached the learned Single Judge by way of a writ petition assailing an award dated 7th September 2012 passed in Reference No. 12 of 2012 whereby they had sought reinstatement into service with continuity of service, backwages and all consequential benefits. They had alleged illegal termination as on 31st January 2008 and had raised a dispute in that regard. 3. Their grievance was considered in the Reference referred to above the Labour Court, after addressing the rival contentions and the evidence te...
The Commissioner of Income Tax and Another Vs. M/s. Bahubali Neminath ...
Court: Karnataka Kalaburagi
Decided on: Jul-13-2016
(Prayer: This Income Tax Appeal is filed Under Section 260A of the Income-Tax Act, 1961 against order passed in Income Tax Appeal No.161/PNJ/2010 dated 08-06-2011 on the file of the Income Tax Appellate Tribunal, Panaji Bench, Panaji, partly allowing the appeal filed by an assessee.) Anand Byrareddy, J. 1. These appeals are disposed of by this common judgment in view of the fact that these appeals are filed by the Revenue aggrieved by the common order of the Income Tax Appellate Tribunal (ITAT) passed on appeals filed by the assessee as well as the Revenue in ITA No.160/2010 and ITA No.164/2010, respectively, the former filed by the assessee and the latter by the Revenue and in view of the questions arising for consideration being similar. 2. The facts are as follows: The respondent assessee is said to be a partnership firm carrying on business as wholesale cloth merchants. Consequent upon a search conducted under Section 132 of the Income Tax Act, 1961 (Hereinafter referred to as the ...
Mallawwa Vs. Chandrabai, By LRs. and Others
Court: Karnataka Dharwad
Decided on: Jul-13-2016
(Prayer: This RSA is filed under Section 100 of C.P.C. praying to Judgment and Decree dated 10.11.2014 passed in R.A. No. 194/2012 on the file of the VII Additional District and Sessions Judge, Belgaum at Chikodi, allowing the Appeal and setting aside the Judgment and Decree dated 04.08.2012 and the Decree passed in O.S.No.107/1998 on the file of the Principal senior Civil Judge Athani, partly decreeing the suit filed for partition and separate possession.) 1. This is plaintiff s appeal assailing the Judgment and Decree of First Appellate Court, allowing the appeal in part and setting aside the Judgment and Decree passed by the Trial Court and thereby, passing a modified decree for partition and separate possession. For convenience, the parties will also be referred to by their rank in the suit. 2. This case shocked the conscience of this Court about the perfunctory manner in which, Sri D.Y. Basapur, Judge of First Appellate Court has decided the appeal filed under S.96 read with Order...
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