Karnataka Court July 2016 Judgments
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Mohmmad Yunus S/O Imam-Ali Mokashi Vs. Mahasaheb 2 Gorima W/O Mohmmad ...
Court: Karnataka Dharwad
Decided on: Jul-11-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE11T H DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL REVISION PETITION NO.100241/2015 BETWEEN:1. MOHMMAD YUNUS, S/O.IMAM-ALI MOKASHI, AGE:36. YEARS, R/O. KUDACHI, TQ:RAIBAG, DIST:BELAGAVI.2. BIBIJAN W/O. IMAM-ALI MOKASHI, AGE:56 YEARS, R/O. KUDACHI, TQ:RAIBAG, DIST:BELAGAVI. (BY SRI. I.D. JALAGUR, ADV.) .PETITIONERS :2. : AND : MAHASAHEB @ GORIMA W/O. MOHMMAD YUNUS MOKASHI, AGE:26. YEARS, R/O. KUDACHI, TQ:RAIBAG, DIST:BELGAVI. (BY SRI SANOTSH B. RAWOOT, ADV.) .RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED UNDER S.397 R/W401OF CR.P.C. SEEKING TO EXERCISE THE REVISIONAL POWERS UNDER SECTION397OF CR.P.C. AND CALL FOR THE RECORDS IN CRL. APPEAL No.149/2014 AND EXAMINE THE LEGALITY, CORRECTNESS OR OTHERWISE THE MAINTAINBILITY OF THE ORDERS DATED0910.2015 AND SET ASIDE THE SAME BY CONFIRMING THE ORDERS PASSED ON I.A. No.II IN CRL. MISC. No.153/2014 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND J...
Ashok and Another Vs. The State of Karnataka, Dharwad
Court: Karnataka Dharwad
Decided on: Jul-08-2016
(Prayer: This Criminal Petition is filed U/S 438 of Cr.P.C. seeking to enlarge the petitioner on bail in the event of arrest in Cr.No.94/2016 Registered before the Town Police Station Gadag for the offences punishable under Sections 3 and 5 of immoral traffic prevention Act, 1956.) 1. The Addl. Dist. And Sessions Judge at Gadag, by an Order dated 27.05.2016 passed in Crl.Misc.No.89/2016, having dismissed the anticipatory bail petition filed, this petition was filed to enlarge the petitioners on anticipatory bail. 2. The facts and circumstances giving rise to this petition are, that the Gadag Town Police have registered a case in Crime No.94/2016 against the petitioners, for the offences punishable under Ss.3 and 5 of Immoral Traffic Prevention Act, 1956 (for short, the Act ), on the basis of a complaint lodged on 28.04.2016 by Mr. Nagaraj M. Madalli, CPI and Spl. Officer under the Act. It was stated in the complaint, that on 28.04.2016, at 4.00 p.m., when the complainant was in the Off...
Parameshwaran Subramani Vs. Nil
Court: Karnataka
Decided on: Jul-08-2016
(Prayer: The Probate C Ps are filed under S.228, Part IX of the Indian Succession Act, 1925 praying to grant Letters of Administration to the Property and credits of the said deceased Dorothy Mavis Shedden to the petitioner to have effect throughout India, etc.; grant Letters of Administration to the property and credits of the said deceased George Reginald Upshon to the petitioner to have effect throughout India, etc.) 1. These petitions under S.228 Part IX of the Indian Succession Act, 1925 have been filed by one Mr. Parameshwaran Subramani seeking an ancillary Letter of Administration under the provisions of S.228 of the Indian Succession Act, 1925 ( Act for short) in the absence of the Executor Mr. Adrian Maxwell Kenneth Shedden (Jr) of Unit 3/72, Patrick Street, Clayton North and presently at No. 6, Anne Court, Cranbourne, Victoria 3977, Australia, in respect of the Will executed by one Mrs. Dorothy Mavis Shedden, his grand mother and the deceased who died in Clayton, Australia on...
S. Sundresh and Another Vs. State of Karnataka, Bangalore and Others
Court: Karnataka
Decided on: Jul-08-2016
(Prayer: These Writ Appeals are filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order passed in the Writ Petition No.13664 of 2015 c/w writ petition No.15058 of 2015 c/w writ petition No.2454 of 2015 dated October 31, 2015 and etc.) 1. These writ appeals are directed against the common judgment and order dated October 31, 2015, passed in W.P.No.13664 of 2015, W.P.No.15058 of 2015 and W.P.No.2454 of 2015. 2. W.P.No.13664 of 2015 was filed by one S. Sundaresh (hereinafter Sundaresh in short), inter alia, seeking mutation of revenue records and for direction of insertion of his name in the khata for 4 (four) acres of land that was granted in Survey No.129 (Old Sy.No.51) of Srigandadakavalu, Bangalore North Taluk, in consideration of the fact that his late father, Suryanarayana Rao, was a freedom fighter and political sufferer. 3. W.P.No.2454 of 2015 was filed by the Golden Valley Educational trust (hereinafter GVET in short), challenging the order dat...
sri.s.sundaresh Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-08-2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 08th day of July, 2016 PRESENT: R THE HONBLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HONBLE MR JUSTICE RAVI MALIMATH Writ Appeal Nos. 136 & 267-268 of 2016 (KLR-RES) Writ Appeal No.197 of 2016 (KLR-RES) C/w Writ Appeal No.136 of 2016 (In Writ Petition No.13664 of 2015) BETWEEN: SRI.S.SUNDARESH S/O LATE SURYANARAYANARAO AGED ABOUT58YEARS, RESIDING AT216 6TH MAIN ROAD, NRUPATUNGA NAGAR, J P NAGAR, 7TH PHASE, BANGALORE-560076. ... APPELLANT [SRI SAJAN POOVAYYA, SENIOR ADVOCATE FOR SRI SHIRISH KRISHNA, ADVOCATE]. AND:1. STATE OF KARNATAKA THE PRINCIPAL SECRETARY, REVENUE, GOVERNMENT OF KARNATAKA, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001. 2 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, KANDAYA BHAVANA, K G ROAD, BANGALORE-560001.3. THE GOLDEN VALLEY EDUCATION TRUST OORGUM, K.G.F - 563 121, BANGARPER TALUK, KOLR DISTRICT, K.G.F - 563 121 REPRESENTED BY ITS PRESEIDENT, MR. T. VENKATA VARDHAN ... RESPONDENTS (BY...
Ashok S/O Yogendragouda, Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Jul-08-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE8T H DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.100584/2016 BETWEEN:1. ASHOK S/O YOGENDRAGOUDA, AGE:34. YEARS, OCC: BUSINESS, R/O: HEGALATTI, TQ: THIRATAHALLI, DIST: SHIVAMOGA, NOW AT: LAXMI LODGE, NEAR MAHENDRAKAR CIRCLE, GADAG, TQ: & DIST: GADAG.2. NAVEEN S/O VISHNU NAIK, AGE:28. YEARS, OCC: BUSINESS, R/O: NEAR HOSUR VILLAGE, SIDDAPUR, TQ: SIDDAPUR, DIST: KARWAR, NOW AT: LAXMI LODGE, NEAR MAHENDRAKAR CIRCLE, GADAG, TQ: & DIST: GADAG. (BY SRI ANJANEYA M. ADV.) ... PETITIONERS :2. : AND THE STATE OF KARNATAKA BY GADAG TOWN POLICE HUBLI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. (BY SRI PRAVEEN K. UPPAR, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S438OF CR.P.C SEEKING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR. No.94/2016 REGISTERED BEFORE THE TOWN POLICE STATION GADAG FOR THE OFFENCES PUNISHABLE UNDER SECTION...
Rajkiran Sadanand Raikar Vs. Owners and Parties interested in the vess ...
Court: Karnataka
Decided on: Jul-05-2016
(Prayer: This Civil petition is filed under Sections 9 and 26 read with Order 7 Rule 1 of CPC, praying to direct the 2nd respondent to pay to the petitioner the sum of US$96460 together with future interest at 18% per annum for the subsequent period till the date of payment; for arrest and sale of the 1st respondent vessel M.V. Maharshi Mahatreya along with her Hull, gear, tackle, plant machinery, engine, apparel, furniture, fixtures, boats, stores, spares, bunkers and other paraphernalia, now lying at the Port of New Mangalore till sufficient security for the amounts claimed in prayer (i) above is furnished by the 2nd respondent and also for a direction to adjust the sale proceeds of the 1st respondent vessel M.V. Maharshi Mahatreya against the suit claim and etc.) 1. Learned counsels at the Bar submitted that the parties have arrived at a mutual settlement in the present case. 2. The present Civil petition was filed in original admiralty jurisdiction before this Court and initially, ...
Vithal Laxman Kambale Vs. The Deputy Commissioner, Belagavi and Others
Court: Karnataka Dharwad
Decided on: Jul-05-2016
(Prayer: This Regular Second Appeal is filed under Section 100 of CPC against the Judgment and decree dated 17.09.2014 passed in R.A. No. 141/2013 on the file of the II Addl. Sr. Civil Judge and CJM, Belgaum, dismissing the appeal for Default, etc, etc.) 1. Suit filed for passing of a decree of permanent injunction having been dismissed by the Trial Court, an appeal, under S.96 of CPC was filed by the plaintiff. The appeal having been dismissed for non-prosecution, this second appeal was filed. 2. Registry having sought clarification as to how the second appeal is maintainable, since the first appeal has been dismissed for default and an endorsement having been made on the scrutiny sheet by the learned advocate that the appeal under S.100 CPC is maintainable even if R.A. is dismissed by the First Appellate Court, to see the legality of the order in R.A. the case is listed for orders. 3. Perused the appeal memorandum. 4. The two substantial questions of law raised in this appeal memoran...
R.N. Manjula Vs. Noorulla and Others
Court: Karnataka
Decided on: Jul-05-2016
(Prayer: This appeal is filed under Section 173(1) of MV Act against the judgment and award dated 10.10.2011 passed in MVC No.191/2010 on the file of principal Civil Judge (Sr. Dn.) and CJM, Additional MACT, Chitradurga, partly allowing the claim petition for compensation and seeking Enhaancement of Compensation.) 1. Insurer as well as the claimant are before this Court challenging the judgment and order passed by the Motor Accident Claims Tribunal, Chitradurga (the Tribunal for short) in MVC No.191/2010. 2. Briefly stated the facts are: - the deceased Nagaraj while proceeding on Motor Cycle bearing NO.KA-16-L-2625, on 05.05.2008 met with the road traffic accident owing to the rash and negligent driving of the rider of motor cycle bearing No.KA-16/Q-3030 and sustained fatal injuries. The deceased was immediately shifted to Chitradurga Government Hospital and thereafter he took medical treatment in various hospitals, finally succumbed to the fatal injuries. Based on these facts, the cla...
Additional Registrar General, High Court of Karnataka, Kalaburgi Vs. B ...
Court: Karnataka Kalaburagi
Decided on: Jul-05-2016
(Prayers: This Criminal Reference Case is filed under Section 366 of Code of Criminal Procedure for confirmation of death sentence awarded to accused 1) Basavaraj @ Basya 2) Palya 3) Yankappa 4) Ramesh @ Ramya by the judgment and order dated 3.10.2012 passed by the District and Sessions Judge Yadgir in S.C. No.48/2010. This Criminal Appeal is filed Under Section 374 (2) of Code of Criminal Procedure, 1973, praying to set aside the Judgment of conviction dated 03.10.2012 passed by the District and Sessions Judge Yadigir in S.C.No.48/2010, convicting the accused/appellant punishable under Sections 120-B, 396, 397 and 302 read with 34 of Indian Penal Code, 1860 and 201 read with 34 Indian Penal Code, 1860 and under Section 98 of Karnataka Police Act, 1963.) Anand Byrareddy, J. 1. The reference by the court below as well as the appeal preferred against the judgment of the court below are heard and considered together. 2. The case of the prosecution was that the Police Sub-Inspector, Saidap...
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