Karnataka Court January 2017 Judgments
N. Jaffer Sab Vs. Vishwanatha
Court: Karnataka
Decided on: Jan-31-2017
(Prayer: This Criminal Revision Petition is filed under Section 397 read with Section 401 Cr.P.C praying to set aside the judgment dated 05.01.2015 passed by the P.O., F.T.C., Shivamogga in Crl.A.No.107/2013 and set aside the conviction Judgment in C.C.No.2127/2009 dated 15.04.2013 by the II Addl. C.J. and J.M.F.C., Shivamogga for the offence punishable under Section 138 of N.I. Act.) 1. This revision petition is preferred by the revision petitioner-accused challenging the legality and correctness of the judgment and order dated 15.4.2013 passed by the II Additional Civil Judge and JMFC, Shivamogga in C.C. No.2127/2009 and the judgment and order dated 05.01.2015 passed by the Fast Track Court, Shivamogga in Crl. Appeal No.107/2013. 2. Brief facts of the case of the respondent- complainant before the trial Court is that a private complaint was filed alleging that the revision petitioner- accused committed an offence punishable under Section 138 of the N.I. Act. The respondent-complainan...
Tag this Judgment!Peter Raju Vs. Munivenkatappa
Court: Karnataka
Decided on: Jan-31-2017
(Prayer: These Writ Petitions are filed under Article 227 of the Constitution of India praying to Quash the Order DTD.03.12.2016 passed in OS.No.6561/2009 connected with O.S.No.25362/2010 by the XLIV Addl. City Civil and Sessions Judge, Bengaluru on IA.No.9 and 10 (Annex-F) and Consequently Allow IA.No.9 and 10 as prayed for and etc.) 1. Though these writ petitions are listed for preliminary hearing, with the consent of learned counsel on both sides, they are heard finally. 2. Petitioner herein is the plaintiff in O.S.No.6561/2009, which is pending on the file of the Prl. City Civil and Sessions Judge at Bengaluru. That suit is filed seeking the relief of permanent injunction as against respondent herein in respect of the suit schedule property. Respondent's daughter has filed O.S.No.25362/2010, before the same court, seeking the relief of permanent injunction in respect of the very same property. Both the suits were ordered to be transferred to the same court and are clubbed together ...
Tag this Judgment!Noel Lewis Pinto Vs. Shalet D'souza
Court: Karnataka
Decided on: Jan-30-2017
(Prayer: This appeal is filed under Section 19(1) of Family Court Act and R/W under Section 55 of the Indian Divorce Act, 1869, against the judgment and decree dated 10.4.2015 passed in M.C.No.178/2013 on the file of Principal Judge, Family Court, Dakshina Kannada, Mangalore allowed the petition filed under Section 10(1)(ix) and (x) and 10(2) of the Divorce Act for dissolution of marriage.) K.S. Mudagal, J. 1. This is the husband's appeal under Section 19 of the Family Courts Act challenging the judgment and decree dated 10.04.2015 passed by the Family Court, Dakshina Kannada, Mangalore in M.C.No.178/2013. By the impugned judgment and decree the trial Court has allowed the petition of the present respondent under Section 10(1)(ix) and (x) and 10(2) of Indian Divorce Act for dissolution of marriage, rejected the counter claim of the appellant for restitution of conjugal rights and awarded permanent alimony of Rs.7,50,000/- and litigation expenses of Rs.10,000/-. 2. The appellant is the ...
Tag this Judgment!Dr. H.P. Natraj Vs. V. Pramod Prashanth Pillai
Court: Karnataka
Decided on: Jan-30-2017
(Prayer: This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 18.02.2015 passed in MVC No.4242/2012 on the file of the XXII Additional Small Causes Judge, Member, MACT, Court of Small Causes, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimant is directed against the judgment and award in MVC No.4242/2012 dated 18.02.2015 on the file of XXII Additional Small Causes Judge and Member, MACT, Bengaluru (for short 'Tribunal'), whereby the Tribunal has awarded a total compensation of Rs.99,000/- with interest at 6% p.a. from the date of petition till the date of deposit. The claimant has filed this appeal seeking enhancement of compensation. 2. The contention of the learned counsel for the appellant is that the claimant had sustained grievous injuries in the accident in question. He was hospitalized for 15 days. The Doctors, who were examined as PWs.4 and 5 have deposed that t...
Tag this Judgment!K.B. Biddappa Vs. The State of Karnataka, Represented by Indiranagar
Court: Karnataka
Decided on: Jan-30-2017
(Prayer: This Criminal Revision Petition is filed under Section 397 read with Section 401 Cr.P.C praying to set aside the judgment dated 30.06.2014 passed by the P.O., F.T.C.-VIII, Bangalore in Crl.A.No.12/2013 consequently the conviction judgment dated 14.12.2012 passed by the P.O. of M.M.T.C.-VI, Bangalore City in C.C.No.950/2011 and acquit the petitioner.) 1. Though this matter is listed for admission, with consent of learned Counsel for the parties and as the original records are received, it is taken up for final hearing. 2. This revision petition is preferred by the revision petitioner accused challenging the legality and correctness of the judgment and order dated 14.12.2012 passed by the Metropolitan Magistrate Traffic Court-VI, Bengaluru City in C.C. No.950/2011 and the judgment and order dated 30.06.2014 passed by the Fast Track Court No.VIII, Bengaluru in Crl. Appeal No.12/2013. By the judgment and order, the trial Court convicted the revision petitioner accused for the offe...
Tag this Judgment!M/s. VDB Projects Pvt. Ltd., Represented by its Executive Director, Ab ...
Court: Karnataka
Decided on: Jan-30-2017
(Prayer: These Writ Petitions are filed Under Articles 226 and 227 of the Constitution of India praying to set aside the assessment order dated 27.08.2013 passed by the Respondent No.1 under section 5(4) of the KTEG Act for the year 2010-11 vide Annexure-G and etc.) 1. The petitioner, M/s VDB Projects Pvt. Ltd., has challenged the Assessment Order, dated 27.08.2013, passed by the Deputy Commissioner, Commercial Tax (Audit and Recovery) for the assessment year 2010-11. The petitioner has also challenged the Assessment Order dated 20.01.2015, passed by the first respondent, for the assessment years 2011-12 and 2012-13. The petitioner has also sought the prayer that this Court should direct the first respondent to grant exemption to the petitioner from levy of entry tax on the purchase of bitumen and its causing entry into the local area in terms of the Notification dated 30.03.2002 issued by the State Government. 2. The brief facts of the case are that the petitioner happens be a dealer ...
Tag this Judgment!State by Channarayapatna, Rural Police Vs. Govindaraju and Another
Court: Karnataka
Decided on: Jan-30-2017
(Prayer: This Criminal Revision Petition is filed under Section 397 read with Section 401 Cr.P.C praying to set aside the order dated 12.09.2014 passed by the Court of Fast Track and Addl. Sessions Judge, Channarayapatna in S.C.No.211 of 2013 by allowing the application filed by the prosecution state under Section 319 of CR.P.C.) 1. Heard the learned HCGP appearing for the revision petitioner-complainant on admission. 2. Respondents and learned Counsel for the respondents, though served, have remained absent. 3. This revision petition is directed against the order dated 12.09.2014 passed by the Court of Fast Track and Additional Sessions Judge, Channarayapatna in S.C. No.211/2013. 4. The prosecution filed an application under Section 319 of Cr.P.C. before the trial Court praying to summon one Sumitra and Govinda Raju alleging that they are also involved in the alleged offence. The trial Court heard on the said application and ultimately, rejected the same. 4. Learned HCGP during the co...
Tag this Judgment!Bibi Khuteja @ Khutza Banu W/O Vs. Dawood Husain S/O Husenoddin Inamda ...
Court: Karnataka Dharwad
Decided on: Jan-27-2017
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE27h DAY OF JANUARY, 2017 BEFORE THE HONBLE MR.JUSTICE SREENIVAS HARISH KUMAR M.F.A. No.22681/2012 C/W M.F.A.No.22060/2012 (WC) IN MFA.NO.22681 OF2012BETWEEN :1. BIBI KHUTEJA @ KHUTZA BANU W/O. MUKHTIYAR AHMED INAMDAR, AGE:31. YEARS, OCC: HOUSEHOLD, R/O: J.P. NAGAR, GOKUL ROAD, HUBLI, DIST: DHARWAD.2. MAKSOOD AHMED S/O MUKHTIYAR AHMED INAMDAR, AGE:9. YEARS, OCC: STUDENT, R/O: J.P. NAGAR, GOKUL ROAD, HUBLI, DIST: DHARWAD REP. BY HIS MINOR GUARDIAN NATURAL MOTHER SMT. BIBI KHUTEJA @ KHUTZA BANU W/O. MUKHTIYAR AHMED INAMDAR (APPELLANT NO.1). ..... APPELLANTS (BY SRI DINESH M KULKARNI, ADV.) AND :1. DAWOOD HUSAIN S/O HUSENODDIN INAMDAR, AGE: MAJOR, OCC: VEHICLE OWNER, R/O: KANCHAGAR GALLI, HANGAL, TQ & DIST: HAVERI. :2. :2. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., DESHPANDE NAGAR, HUBLI. ..... RESPONDENTS (BY SRI PRUTHVI K S, ADV. FOR R1 SRI G.N. RAICHUR, ADV. FOR R-2) THIS MFA IS FILED U/S.30(1) OF THE W.C.A...
Tag this Judgment!sri.k Koushik S/O k.mayurnath, Vs. sri.sandeep S/O Late Bhaskar Rao,
Court: Karnataka Dharwad
Decided on: Jan-27-2017
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE27H DAY OF JANUARY, 2017 BEFORE THE HONBLE MRS. JUSTICE S.SUJATHA M.F.A Nos.20275/2011 c/w 21043/11 (MV) IN M.F.A.No.20275/2011 BETWEEN: SRI.K KOUSHIK S/O K.MAYURNATH, AGE:19. YEARS, OCC: NIL, R/O VIDYANAGAR, TORANGALLU, SANDUR TQ, BELLARY DIST. (BY SRI.S.M.KALWAD, ADV.) ... APPELLANT AND:1. 2.3. SRI.SANDEEP S/O LATE BHASKAR RAO, AGE: MAJOR, OCC:DRIVER, R/O VIDYANAGAR, TORANGALLU, SANDUR TQ, BELLARY DIST. SRI.K.MAYURNATH S/O DATTU RAO, AGE: MAJOR, OCC:OWNER, R/O TOWNSHIP NO.1-0-58, JSW TOWNSHIP, VIDYANAGAR, TORANGALLU, SANDUR TQ, BELLARY DIST. THE DIVISIONAL MANAGER, M/S. UNITED INDIA INSURANCE CO., LTD., BELLARY. ... RESPONDENTS (R1 AND R2 SD, BY SRI.N.R.KUPPELUR, ADV. FOR R3) 2 THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGEMENT AND AWARD DTD:15-09-2010 PASSED IN MVC.NO.1020/2009 ON THE FILE OF THE CIVIL JUDGE (SR.DN) CUM MEMBER, MACT-VI, KUDLIGI, PARTLY ALLOWING THE CLAIM PETITION FOR COMEPNSATION AND S...
Tag this Judgment!State by New Town Police, Rep. by State Public Prosecutor Vs. Armugam ...
Court: Karnataka
Decided on: Jan-25-2017
(Prayer: This Crl.A. is filed under Section 378(1) and (3) of Cr.P.C., praying to grant leave to file an appeal against the Judgment Dt.30.7.2011 passed by the Addl. S.J. and Spl. Judge, Shimoga in Spl. (A) C.No.6/2010 - acquitting the Respondents/Accused No.1 for the offence punishable under Section 376 and 323 of IPC and Sec.3(1)(x) and 3(1)(xii) of SC/ST (P.A.) Act, 1989 and the Accused Nos.2 and 3 are acquitted for the offences punishable under Section 323 r/w. Section 34 of IPC and u/s.3(1)(x) of SC/ST(PA) Act, 1989.) 1. This is an appeal by the State against the order of acquittal passed by the Addl. Sessions Judge and special Judge at Shimoga in Special (A) Case No.6/10 dated 30.7.2011. By the impugned judgment, the trial Judge has acquitted accused No.1 of the offences punishable under section 376 and 323 of Indian Penal Code and section 3(i)(x) and 3(i)(xii) of SC/ST (PA) Act 1989 and accused Nos.2 and 3 are acquitted of the offences punishable under section 323 r/w. section 3...
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