Karnataka Court August 2016 Judgments
State of Karnataka by Yelawala Rural Police Vs. Swamygowda @ Subba and ...
Court: Karnataka
Decided on: Aug-16-2016
(Prayers: Criminal Appeal No.815/2004 was filed under Section 377 of Cr.P.C to enhance the sentence imposed by the Prl. S.J, Mysore, by order dt. 31.01.2004, in S.C.No.9/99, on convicting the Respondents-Accused Nos.1 and 2 for the offence punishable under Section 326 r/w 34 IPC and sentencing Accused No.1 to pay a fine of Rs.5000/-, I.D. to undergo S.I. for 2 years and sentencing Accused No.2 to pay a fine of Rs.3000/-, I.D. to undergo S.I. for one year. Criminal Appeal No.816/2004 was filed under Section 378(1) and (3) of Cr.P.C. praying for grant of leave to file an appeal against the Judgment and Order of acquittal dated 29.01.2004 passed by the Prl. S.J., Mysore, in S.C.No.9/99 acquitting the Respondents-Accused of the offences punishable under Sections 341 and 307 r/w 34 of IPC.) H.G. Ramesh, J. 1. I.A.No.1/2016 is filed by widow of deceased respondent No.1 in Criminal Appeal Nos.815 and 816/2004 for modification of the common judgment dated 28.07.2010 rendered by this Court in t...
Tag this Judgment!State of Karnataka by Yelawala Rural Police Vs. Swamygowda @ Subba S/O ...
Court: Karnataka
Decided on: Aug-16-2016
- 1 - Crl.A.No.815/2004 c/w Crl.A.No.816/2004 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF AUGUST2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH R AND THE HONBLE MRS. JUSTICE RATHNAKALA CRIMINAL APPEAL NO.815/2004 CRIMINAL APPEAL NO.816/2004 C/W BETWEEN: STATE OF KARNATAKA BY YELAWALA RURAL POLICE ...COMMON APPELLANT (BY SRI VIJAYA KUMAR MAJAGE, ADDL.SPP) AND:1. SWAMYGOWDA @ SUBBA S/O KEMPEGOWDA33YEARS AGRICULTURAL COOLIE2 BASAVARAJU S/O DASEGOWDA24YEARS AGRICULTURE BOTH ARE RESIDENTS OF ANANDUR VILLAGE, MYSORE TALUK ... COMMON RESPONDENTS (BY SRI K.S.CHANDRAKANTH GOWDA, ADVOCATE FOR APPLICANT IN I.A.NO.1/2016 & I.A.NO.2/2016) - 2 - Crl.A.No.815/2004 c/w Crl.A.No.816/2004 CRIMINAL APPEAL NO.815/2004 WAS FILED UNDER SECTION377OF CR.P.C TO ENHANCE THE SENTENCE IMPOSED BY THE PRL. S.J., MYSORE, BY ORDER DT. 31.01.2004, IN S.C.NO.9/99, ON CONVICTING THE RESPONDENTS-ACCUSED NOS.1 & 2 FOR THE OFFENCE PUNISHABLE UNDER SECTION326R/W34IPC AND SENTENCING ACCUSED NO.1 TO PAY...
Tag this Judgment!Shanubai and Others Vs. S.K. Mahaboob Basha and Another
Court: Karnataka Kalaburagi
Decided on: Aug-11-2016
(Prayer: This MFA filed under Section 173 (1) of MV Act, praying to call for records, to modify the judgment and award dated 05.09.2015 passed in MVC No. 1329/2014 on the file of the Court of Principal Senior Civil Judge and Motor Accident claims Tribunal No. V Vijaypur at Vijaypur and allow this appeal by enhancing the compensation amount by Rs. 9,75,000/- only and etc.) 1. This is claimants' appeal for enhancement compensation against the judgment and award dated 05th September 2015 made in MVC No.1329/2014 on the file of the Prl. Senior Civil Judge and MACT-V, Vijayapura, ('MACT' for short) awarding compensation of Rs.9,20,000/- with interest at 9% per annum from the date of petition till realization. 2. It is the case of the claimants before the MACT that on 17.05.2014 at about 8.15 pm near Kumbar Vasti, on Tikota to Babanagar Road, when the deceased was on the way to his agricultural land at Babanagar on his motor cycle bearing registration No.KA-29/E-23, the driver of the goods p...
Tag this Judgment!Indus Trust, Represented By Its Group Chief Financial Officer, V.S. Ku ...
Court: Karnataka
Decided on: Aug-11-2016
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by the national commission for minority educational institutions, the R-2 dated 6-6-2016 vide Annexure-A and etc.) 1. The petitioner is aggrieved by the order dated 06.06.2016, passed by the National Commission for Minority Educational Institutions, whereby the learned Commission has rejected the petition filed by the petitioner for grant of Minority States Certificate interalia on the ground that the petitioner, which has sought Minority Status as linguistic minorities, is outside the purview of the National Commission for Minority Educational Institutions Act, 2004 (for short the Act ). Therefore, the Commission does not have jurisdiction to entertain such a petition. 2. Briefly the facts of the case are that, the petitioner is a Trust under the name and style of Indus Trust , which was initially registered on 13.06.2001, and subsequently by amended Trust Dee...
Tag this Judgment!Indus Trust Vs. Union of India
Court: Karnataka
Decided on: Aug-11-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE11H DAY OF AUGUST2016BEFORE THE HONBLE MR.JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION No.42761/2016 (EDN-RES) BETWEEN : INDUS TRUST HAVING ITS REGISTERED OFFICE AT BILLAPURA CROSS, SARJAPUR, BANGALORE-562125, REPRESENTED BY ITS GROUP CHIEF FINANCIAL OFFICER, MR. VS KUMAR, S/O. LATE RAMA RAO C., AGED ABOUT57YEARS. ... PETITIONER (BY SRI S. BASAVARAJU, ADV.) AND:1. UNION OF INDIA BY ITS PRINCIPAL SECRETARY, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SHASTRI BHAVAN, NEW DELHI-110001.2. NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS, GATE NO.4, 1ST FLOOR, JEEVAN TARA BUILDING, PATEL CHOWK5 SANSAD MARG, NEW DELHI-110001, BY ITS REGISTRAR. THE BLOCK EDUCATION OFFICER ANEKAL, BANGALORE-562125.3. ... RESPONDENTS (BY SMT. PRAMODHINI KISHAN, HCGP FOR R3) 2 THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITU...
Tag this Judgment!Afzal Pasha Vs. Mohamed Ameerjan
Court: Karnataka
Decided on: Aug-09-2016
(Prayer: This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to direct the XIV Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bangalore to accept the affidavit of the petitioner in lieu of this oral evidence in the form of Examination-in-Chief and to proceed with the case in C.C.No.50387/2014, pending on the file of the said court.) 1. This petition coming on for admission, is heard and disposed of finally with the consent of counsel. 2. The petition is filed by the accused, against whom a complaint is filed before the court below alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as the NI Act , for brevity). The petitioner is contesting the case. At the stage when the case was set down for the evidence of the accused, he is said to have filed an application under Section 145(2) of the NI Act, seeking permission of the court to file an affidavit in lieu of oral evidence. T...
Tag this Judgment!Nama Krishnaiah Vs. Bruhat Bengaluru Mahanagara Palike, Represented By ...
Court: Karnataka
Decided on: Aug-09-2016
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to direct declare that action of the respondents in partly demolishing the schedule property is high haned, Arbitrary, illegal, without authority of law and violative of Article 14 and 300A of the Constitution of India (vide Annexure A to A5). 1. The prayer made by the petitioner is for a writ of mandamus for an appropriate direction to declare that the impugned action of the respondent in demolishing the schedule property is arbitrary and in violation of Articles 14 and 300A of the Constitution of India. 2. It is submitted that he owns a property in plot No.30 present BBMP Khatha No.742 and old No.518/30 being a private property, and the property situated in a residentially converted land bearing survey No.57, Kasavanahalli Village, Varthur Hobli, Bangalore South Taluk, Bangalore District totally measuring 10200 Sq ft. He owns the property by virtue of the sale deed dated 10.09.2...
Tag this Judgment!Afzal Pasha Vs. Mohamed Ameerjan
Court: Karnataka
Decided on: Aug-09-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE09H DAY OF AUGUST2016BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.1684 OF2016BETWEEN: Afzal Pasha, Son of Alam Pasha, Aged about 53 years, Residing at No.674, Old Syndicate Bank Road, 9th Main, 1st Stage, Indiranagar, Bangalore 560 038. (By Shri Murthy D. Naik, Advocate) AND: Mohamed Ameerjan, Aged about 69 years, Son of Late Mohamed Akbar Sahib, Residing at No.A/03, 2nd Floor, C.K.Jaffar Sharieff Apartment, No.46, Haines Road, Frazer Town, Bengaluru 560 005. PETITIONER RESPONDENT2(By Shri M. Ramakrishna, Advocate) ***** This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to direct the XIV Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bangalore to accept the affidavit of the petitioner in lieu of this oral evidence in the form of Examination-in-Chief and to proceed with the case in C.C.No.50387/2014, pending on the file of the said court. This pet...
Tag this Judgment!Mangala Suryadevara Vs. Dr. Srinivasa Reddy Appakondu
Court: Karnataka
Decided on: Aug-08-2016
(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the orders dtd.13.02.2015 passed by the 1st Additional Principal Judge Family Court Bengaluru on I.A.Nos.4 and 6 in O.S.No.64/2014 vide Annex-H and J and direct the 1ST Additional Principal Judge Family Court, Bengaluru for initiation and reference of contempt of court proceedings against the father of the respondent herein MR.A.Ramasubba Reddy in O.S.No.64/2014 as sought in the application vide Annex-C and etc.) 1. The marriage of the petitioner and the respondent was solemnized on 15.12.2006 at Tirupathi. Thereafter they were residing at United States of America as the respondent is a practicing Cardiologist at that place. Due to differences in their married life, the parties have initiated several legal proceedings against each other. The respondent accordingly has secured a decree of dissolution dated 15.07.2009 from the Fayette Family Court, V Division, Common We...
Tag this Judgment!Bharat Petroleum Corporation Limited and Others Vs. Simpal R. Shetty a ...
Court: Karnataka
Decided on: Aug-05-2016
(Prayer: This Writ Appeal is filed U/s 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.2092/2015 dated 01/10/2015.) 1. The writ petitioner was a successful candidate for allotment of Liquefied Petroleum Gas (LPG, for short) distributorship. 2. One of the criteria in the advertisement was that the intended dealer must have a plot of land of a minimum extent of 25 metres x 30 metres, within a distance of 15 kilometres from the municipal town/village limits of the location offered, for the purpose of LPG godown, for storage of 8,000 kilograms of LPG cylinders. 3. A dispute cropped up as to whether the site offered by this candidate was strictly in accordance with the norms, or not. 4. We had adjourned the matter from time to time, to ascertain as to if the location offered by the successful candidate was within a distance of 15 kilometres, as above. 5. Mr.N.J.Kumar, learned advocate for the appellant, submits, on instructions, that the locat...
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