Karnataka Court March 2017 Judgments
Geetha Kulkarni and Others Vs. State by Viveknagar PS, Represented by ...
Court: Karnataka
Decided on: Mar-31-2017
(Prayer: This Crl.P is filed u/s.482 Cr.P.C praying to set aside the Order Dated 18.11.2016 passed on the file of I ACMM, Bangalore in C.C.No.867/2015. This Crl.P is filed u/s.482 Cr.P.C praying to quash the Impugned Order Dated 18.11.2016 (Annexure-A) in C.C.No.867/2015 pending before the I ACMM, Bengaluru as against the Petitioner.) 1. These three petitions are filed under section 482 of Cr.P.C., seeking to set aside the order dated 18.11.2016 passed by the I Addl. Chief Metropolitan Magistrate, Bengaluru in C.C.No.867/2015. By the impugned order, the learned Magistrate has taken cognizance of the offences punishable under sections 393, 392, 201, 323, 326, 397, 114, 119 r/w. 149 Indian Penal Code and has issued summons to the petitioners herein impleading them as accused Nos.7, 8 and 6 respectively. 2. The outline facts leading to the present petitions are as follows:- On the night of 27.9.2008, the respondent No.3 Mr.Kriplani.M. (hereinafter called as "complainant") was on his way h...
Tag this Judgment!Praveen Etta Vs. Savithri Etta
Court: Karnataka Dharwad
Decided on: Mar-31-2017
(Prayer: This MFA is filed under Section 19(1) of the Family Courts Act, against the Judgment and Decree Dated 15.12.2015 passed in Matrimonial Case No.68/2015 on the file of the Principal Judge, Family Court, at Ballari, allowing the Petition filed under Section 9 of Hindu Marriage Act.) 1. The appellant has filed this appeal under Section 19(1) of The Family Courts Act, 1984, challenging the judgment and decree passed by the Principal Judge, Family Court at Ballari dated 15.12.2015 in Matrimonial Case No.68/2015 decreeing the suit and ordering for restitution of conjugal rights in favour of the respondent herein. 2. In his memorandum of appeal, the appellant has taken the contention that the judgment and decree under appeal is opposed to law and facts and evidence on record and the learned Judge has passed the judgment without application of judicious mind and in the process, he has failed to note the scope of Section 9 of Hindu Marriage Act, 1955 (for brevity henceforth called as 't...
Tag this Judgment!Thimma Vs. State of Karnataka by Ulsoor Police Station, Bangalore
Court: Karnataka
Decided on: Mar-31-2017
I.A.1 OF 2014 1. By judgment and order dated 07.12.2007 this criminal appeal along with other connected appeals namely, Criminal Appeal Nos.1130/2003, 1131/03, 1132/03 and 1133/03 were disposed of by confirming the conviction recorded by the trial Court on 22.3.2003, but by reducing the sentence of fine from Rs.35,000/- to Rs.5,00/-. The said judgment and order has attained finality. 2. Now, an application has been filed under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000, (hereinafter referred to as the Act ) by raising the question of juvenility of the appellant as on the date of the commission of the offence and therefore, a prayer is sought for holding an enquiry, and for the application being disposed in accordance with law. 3. According to the appellant/accused, the offence said to have been committed by him was on the night of 22/23.04.1998. He was arrested on 9.10.1999. As on the date of commission of the offence, as also on the date of his arr...
Tag this Judgment!Ramesh Vs. Karnataka Institute of Medical Sciences, Rep by its Directo ...
Court: Karnataka Dharwad
Decided on: Mar-31-2017
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the Order Dated 07.08.2015 passed by the Learned Single Judge in WP No.63973/2009 and direct the Respondent No.1 to select the Petitioner for the post of Junior Lab Technician in place of 3rd Respondent by allowing this Writ Appeal in the ends of Justice and Equity.) 1. This writ appeal has been filed by Sri.Ramesh, son of Shivanandappa Haller, aggrieved by the dismissal of his Writ Petition No.63973/2009 by the learned Single Judge on 07.08.2015. 2. The appellant had challenged the selection for the post of 'Junior Lab Technician' by the respondent - Karnataka Institute of Medical Sciences, Vidyanagar, Hubli ('KIMS' for short), for which, advertisement Annexure-A was issued by the respondent-KIMS on 02.09.2008 for 35 posts of 'Junior Lab Technicians'. The criteria for the said post prescribed in the advertisement was as under: "General merit 33 years, SC/ST/Cat.I 38 years and...
Tag this Judgment!Abhijit Kallianpur (Shown as Abhijit in the FIR) Vs. State of Karnatak ...
Court: Karnataka
Decided on: Mar-31-2017
(Prayer: This Crl.P is filed u/s.482 Cr.P.C praying to Quash the FIR in CRIME No.16/2017 on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru of 1st Respondent/Sadashivanagar Police Station, Bengaluru registered for the offence P/U/S 370 of IPC and Sec.3,4,5,6 and 7 of Immoral Traffic Prevention Act, 1956, in so far as the same relates to the Petitioner/accused No.8.) 1. This petition is filed under section 482 of Cr.P.C. seeking to quash the FIR in Cr.No.16/2017 on the file of the VII Addl. C.M.M. Court, Bengaluru registered for the offence punishable under section 370 of Indian Penal Code and sections 3, 4, 5, 6 and 7 of Immoral Traffic Prevention Act, 1956 in so far as the same relates to the petitioner/accused No.8. 2. The facts of the case are as follows: The second respondent -Police Inspector Women and Narcotic Squad, City Crime Branch, Bengaluru lodged information before the first respondent Sadashivanagar Police Station alleging that on 3.2.2017, at about 7.0...
Tag this Judgment!The State of Karnataka, rep. by the Principal Secretary to Government, ...
Court: Karnataka Kalaburagi
Decided on: Mar-30-2017
(Prayer: This writ appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order of the Learned Single Judge dated: 22.03.2016 in W.P.No.200709/2016 (ELE).) B.V. Nagarathna, J. 1. Though these appeals are listed for admission, with the consent of learned counsel on both sides they are heard finally. 2. Writ Appeal No.200250/2016 is preferred by the State, while Writ Appeal No.200098/2016 is preferred by Smt. Mallamma W/o Mallanna respondent No.5 in Writ Petition No.200709/2016. 3. These appeals have been filed, assailing order dated 22.03.2016, passed by the learned Single Judge of this court. 4. Briefly stated, the facts are that, the writ petitioner had assailed notification dated 24.02.2016 (Annexure-C to the writ petition) under which inter alia, the Office of President of the Urban Local Body namely, Town Municipal Council, Jewargi has been reserved for BCB-Woman. The Office of Vice-President has been reserved for Scheduled Caste woman. The conten...
Tag this Judgment!Citicorp Finance India Limited Vs. Raju M. Mahtaney and Others
Court: Karnataka
Decided on: Mar-30-2017
(Prayer: This Petition is filed u/s.11(6) of the Arbitration and Conciliation Act, 1996 praying for the reasons stated therein, this Court be pleased to appoint any Retired Supreme Court or High Court Judge as this Court may deem fit as an Arbitrator along with Mr. justice R.V. Raveendran (Retd.) (The Petitioner's Nominee) and Mr. Justice R.G. Vaidyanatha (Retd.) (Respondent No.5'S Nominee) thereby constituting the Arbitral Tribunal under Clause 18.2 of the Subscription and Shareholders' Agreement Dated 16/05/2007 to adjudicate on the disputes between the Petitioner and Respondent Nos.1 to 4 in Relation to the Agreement.) 1. The petitioner in this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('Arbitration Act' for short) is seeking that an Arbitrator be appointed in the manner as prayed in the petition. 2. The petitioner is before this Court contending that it is a non-banking financial company incorporated under the Companies Act, 1956. The petitioner had...
Tag this Judgment!Bhagamma @ Bhagyashree Vs. Bhimraya
Court: Karnataka Kalaburagi
Decided on: Mar-30-2017
(Prayer: This RPFC is filed under Section 19(4) of the Family Courts Act, praying to set-aside the order passed by District Judge, Family Court, Kalaburagi in Crl.Misc.No.80/2014 dated 06.08.2016 and respondent may kindly be directed to pay maintenance of Rs.5,000/- per month to the petitioner.) 1. Though this revision petition is listed for admission, with the consent of learned counsel on both sides, it is heard finally. 2. The petitioner herein has filed this revision petition being aggrieved by the dismissal of Criminal Miscellaneous No.80/2014, by the Family Court at Gulbarga, by order dated 06.08.2016. The same was filed under Section 125 of Criminal Procedure Code 1973, (Cr.P.C.). 3. Briefly stated, the facts are that respondent herein is stated to be the father of the petitioner herein. According to the petitioner, the respondent was married to her mother Kallamma about 19 years ago. Out of the said wedlock the petitioner was born on 12.10.1997. That petitioner s parents are re...
Tag this Judgment!M/s. Sree Jayalakshmi Textiles, Represented by its Partner K.V. Prabha ...
Court: Karnataka
Decided on: Mar-30-2017
(Prayer: These Writ Appeals are filed u/s 4 of the Karnataka High Court Act praying to set aside the Order passed in Writ Petition No.22348/2015 C/W Writ Petition No.29362/2015 Dated 15/12/2015.) 1. The Axis Bank Limited granted a loan in favour of the second respondent and, the second respondent, to secure the loan, mortgaged the disputed property. 2. As the second respondent failed to pay the dues of the Bank, notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, was issued. The Bank assigned the debt in favour of respondent No.1- International Asset Reconstruction Company Private Limited. The property was put to sale. 3. The Debts Recovery Tribunal in SA No.87 of 2014, although, granted leave to proceed with the sale, restrained the Bank from confirming the sale, and directed the parties to maintain status quo. 4. This appellant submitted its bid and it is the highest offeror. Though the reserve price was fixed at Rs. ...
Tag this Judgment!M. Kenchappa Vs. Jayamma and Others
Court: Karnataka
Decided on: Mar-28-2017
(Prayer: This RSA is filed u/s 100 of the Code of Civil Procedure against the Judgment and Decree Dated 20.03.2014 passed in R.A.No.4/2010 on the file of the Senior Civil Judge and Additional Mact at Holalkere, dismissing the Appeal and confirming the Judgment And Decree Dated: 19.12.2009 passed in OS.No.88/2008 on the file of the Additional Civil Judge(JR.DN) at Holalkere.) 1. The plaintiffs are the respondents herein. The first defendant is the appellant herein, who preferred this appeal. The plaintiffs, who are the women folk filed a suit for partition and separate possession of their share claiming that of the suit schedule properties are the ancestral and joint family properties of the plaintiffs and defendants. 2. For the purpose of convenience, the ranks of the parties are referred to as per their ranks before the trial Court. 3. It is the case of the plaintiffs that one Mallappa is the father of the plaintiffs and defendants. He died in the year 1974 leaving behind the plaintif...
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