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Karnataka Court March 2017 Judgments

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Mar 10 2017

A.N. Dhananjaya and Others Vs. State of Karnataka, Represented by High ...

Court: Karnataka

Decided on: Mar-10-2017

(Prayer: This Crl.P is filed U/S.438 Cr.P.C praying to enlarge the Petitioners on bail in the event of their arrest in Crime No.9/2017 of Women Police Station, Tumakuru, which is registered for the offence P/U/S 376,417,323,504,506,143,147 R/W 149 of IPC.) 1. This petition under Section 438 Cr.P.C. is filed seeking enlargement of petitioners on anticipatory bail in Crime No.9/2017, registered in Women Police Station, Tumakuru for offences punishable under Sections 354, 504, 506 read with Section 34 IPC and Sections 3(1)(X), 3(XI), 3(XII) of SC/ST (Prevention of Atrocities) Act, 1989 ['Act' for short]. 2. Shri D. Mohan Kumara, learned Counsel appearing for the petitioners submits that the Complainant has filed a false case against the petitioners due to political reasons. Adverting to the complaint memo, he pointed out that FIR is registered on 6.2.2017 for offences alleged to have been taken place between 12.11.2016 and 18.1.2017. Learned Counsel argued that this Court in the case of B...


Mar 10 2017

Hubli-Dharwad Municipal Corporation, Represented by its Commissioner V ...

Court: Karnataka Dharwad

Decided on: Mar-10-2017

(Prayer: This RSA is filed u/s. 100 of CPC, against the Judgment and Decree Dated:30.06.2005, passed in R.A.No.210/2003 (Old No.87/1999), on the file of the Principal District Judge, Dharwad dismissing the Appeal and Confirming the Judgment and Decree Dated:31.03.1999, passed in OS.286/1994 on the file of the III Additional Civil Judge (JR.DN) Dharwad.) 1. This appeal was admitted on the substantial question of law, "Whether suit of the plaintiff is maintainable without issuing statutory notice under Section 482 of Karnataka Municipal Corporation Act."? But the appellant, who is defendant, has not pleaded about maintainability of the suit. For this reason, an issue was also not framed in this regard. The learned counsel for the appellant who argued the matter confined his argument on another point. Therefore, the question of law needs to be reformulated. Before that, the pleadings can be briefly stated here. 2. The suit land measures 19 Guntas 896 sq. ft. and it belongs to Hubli-Dharwa...


Mar 10 2017

Nagi Yane devaki.kom Chaya Vs. Harichandra Thaku Tandel

Court: Karnataka Dharwad

Decided on: Mar-10-2017

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10h DAY OF MARCH2017BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY Writ Petition No.102567 of 2015 (GM-CPC) ... Petitioner Between Smt Smt. Nagi Yane Devaki.Kom Chaya Banavalikar, daughter and legal heir of deceased Laxman Chinna Tandel, Age:72 Years, Occupation : House hold, Resident of Belakeri, Taluk: Ankola, District : Karwar. (By Sri S. V. Yaji, Advocate) And 1. Harichandra Thaku Tandel, Age:55 Years, Occupation: Fisheries, Resident of Belakeri, Taluk: Ankola, District :Karwar.2. Suresh. Thaku. Tandel, Age:54 Years, Occupation: Fisheries, Resident of Near Court Compound, Taluk: Ankola, District :Karwar.3. Ramesh Thaku Tandel, Age:49 Years, Occupation: Fisheries, :2. : Resident of Manjaguni, Taluk: Ankola, District: Karwar.4. Daya Thaku Tandel, Age:47 Years, Occupation: Fisheries, Resident of Manjaguni, Taluk: Ankola, District: Karwar.5. Laxman Thaku Tandel, Age:43 Years, Occupation: Fisheries, Resident of Manjagu...


Mar 10 2017

Sree Gajanana Motor Transport Company Vs. The Regional Transport

Court: Karnataka

Decided on: Mar-10-2017

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF MARCH, 2017 BEFORE THE HONBLE MRS.JUSTICE S.SUJATHA W.P.Nos.19713 19716/2013 (MV) BETWEEN : SREE GAJANANA MOTOR TRANSPORT COMPANY LIMITED, SAGARA, SHIMOGA DISTRICT-577401 REP. BY ITS EXECUTIVE DIRECTOR, SRI P.SUBHASH NAYAK S/O SRI S.U.NAYAK, AGED ABOUT48YEARS. ...PETITIONER (BY SRI PUTHIGE R. RAMESH & SRI A.S.PARASARA KUMAR, ADVS.) AND :1. 2. 3.4. THE REGIONAL TRANSPORT AUTHORITY, HAVERI-581110, REP. BY ITS CHAIRMAN THE SECRETARY REGIONAL TRANSPORT AUTHORITY, HAVERI-581110 THE M.D., N.W.K.R.T.C., BY SENIOR DIVISIONAL CONTROLLER HAVERI THE M.D., K.S.R.T.C., SHANTHINAGAR, BANGALORE-27. RESPONDENTS (BY SRI VIJAYAKUMAR A. PATIL, AGA FOR R-1 & R-2; SRI S.PRAKASH SHETTY, ADV. FOR R-3; SRI HARISH KUMAR M.S., ADV. FOR R-4.) - 2 - THESE PETITIONS ARE FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY R-1 IN SUB2 3, 4, 5/11-12 DATED2402.2012 IN REJECTING4APPLICATIONS ON THE ROUTES ...


Mar 09 2017

Kirloskar Ferrous Industries Ltd Vs. K. Shivaramappa and Others

Court: Karnataka

Decided on: Mar-09-2017

Dr. Vineet Kothari, J. 1. The Petitioner, Kirloskar Ferrous Induslries Ltd. (KFIL) has filed these Writ Petitions under Articles 226 and 227 of the Constitution of India, against Four Respondents-Workmen, Sri K. Shivaramappa and three others, aggrieved by the impugned Order passed by the learned Industrial Tribunal, Hubli on Serial Application Nos.2 to 5 of 2007 in an already pending Dispute vide KID No.2 of 2006, whereby the learned Industrial Tribunal, while keeping the aforesaid Serial Applications filed under Section 33(2)(b) of the Industrial Disputes Act, 1947 (for short, 'the Act') read with Rule 61(2) of the Industrial Disputes (Karnataka Rules) 1957, as pending, itself suo motu raised a Preliminary issue and held against the Petitioner Management that the Domestic Enquiry against the Respondents Workmen was not fair and proper. 2. The facts leading to the filing of these Writ Petitions are as under: "The Respondents Workmen were served with Charge sheets of habitual absenteeis...


Mar 09 2017

Seethappa Vs. Lakshmamma

Court: Karnataka

Decided on: Mar-09-2017

(Prayer: This Appeal is filed under Order 43 Rule 1(u) of CPC, against the Judgment and Decree Dated 29.10.2015 passed in R.A. No.216/2011 on the file of the Senior Civil Judge and JMFC, Malur, allowing the appeal and setting aside the Judgment and Decree Dated 18.08.2009 passed in O.S. No.482/1995 on the file of the I Addl. Civil Judge (JR.DN.), Malur, remanding the matter back to the Trial Court with direction.) 1. O.S. No.482/1995 on the file of I Addl. Civil Judge (Jr. Dn.), Malur was instituted by Smt. Lakshmamma, W/o Ramaiah, against Smt. Maramma W/o late Venkatagiriyappa, to pass a decree for partition and separate possession by contending that the suit schedule properties are the properties of late Venkatagiriyappa and that she was taken in adoption by him. A declaration was sought that she is entitled for share in all the items of suit schedule properties. Smt. Maramma, the sole defendant filed written statement and contended that the plaintiff was not adopted by Sri Venkata...


Mar 09 2017

The State of Karnataka, Through Rural Police Station Vs. Peerappa

Court: Karnataka

Decided on: Mar-09-2017

(Prayer: This Criminal Appeal is filed under Section 378(1) and (3) of Cr.P.C., praying to grant leave to appeal against the judgment and order of acquittal dated 03.11.2010 passed by the Principal Sessions Judge at Gulbarga in Sessions Case No.16/2010 acquitting the respondent/accused for the offences punishable under Sections 498-A and 306 of IPC and set aside the aforesaid judgment and order of acquittal dated 03.11.2010 passed by the Principal Sessions Judge at Gulbarga, in Sessions Case No.16/2010 by allowing the appeal and convict and sentence the respondent/accused for all the offences with which he has been charged in accordance with law.) 1. This appeal is preferred by the State assailing the judgment of acquittal dated 03.11.2010 passed by the Principal Sessions Judge, Gulbarga, in S.C.No.16/2010 for the offences punishable under Sections 498-A and 306 of IPC. 2. The case of the prosecution in brief are that, sister of the complainant Jagadevi was given in marriage about seve...


Mar 09 2017

Devappa and Others Vs. The State of Karnataka, Represented by SPP

Court: Karnataka Kalaburagi

Decided on: Mar-09-2017

(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C., praying to release the accused petitioner on bail in Crime No.273/2014 of Shahapur P.S. pending on the file of Sessions Judge at Yadgir in S.C.No.22/2015, which is registered for the offences P/U/Sec. 143, 147, 148, 504, 506, 302, R/W 149 of IPC.) 1. This petition is filed by the petitioners/accused Nos.3, 4 and 7 under Section 439 of Cr.P.C., seeking regular bail in Crime No.273/2014 of Shahapur Police Station, registered for the offences punishable under Sections 143, 147, 148, 504, 506, 302 r/w Section 149 of IPC. 2. Gist of the complaint lodged by one Mr. Subhash father of the victim was to the effect that his son deceased-Venkoba was married to one Smt. Rajeshwari, daughter of Lalayya Guttedar on 22.03.2014 and prior to his marriage he had a love affair with one Miss. Bhagyashree (CW.12) and complainant had assured members of CW.12's family that marriage of his son Venkoba (deceased) would be performed with CW....


Mar 09 2017

Dr. Seema Manohar Gunjal Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Mar-09-2017

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE9H DAY OF MARCH2017R BEFORE THE HONBLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.101939/2015 BETWEEN Dr.Seema Manohar Gunjal, Age :43. years, Occ : Medical Officer, R/o. Padm Hospital, Nippani Road, Chikodi, Tal-Chikodi, Dist-Belagavi. ... Petitioner (By Sri.Nitin R.Bolabandi, Advocate) AND1 The State of Karnataka, Rep. by SPP High Court of Karnataka, Dharwad.2. Majapar Shabbir Patel,. Age :29. years, Occ : Agriculture, R/o.Karoshi, Tal-Chikodi, Dist-Belagavi. (By Smt.Veena Hegde, HCGP for R-1, Sri.T.M.Nadaf, Advocate for R-2) ... Respondents This Criminal Petition is filed under Section 482 of Cr.P.C, seeking to quash the impugned order dated 17.06.2015 passed by Prl.Civil Judge and JMFC Chikodi, Belagavi in CC.No.461/2015 for taking cognizance of the offence against the petitioner for the offence punishable under Section 304A IPC and consequently quash the entire proceedings in CC.No.461/2015. 2 This Criminal Petition...


Mar 09 2017

M/S Kirloskar Ferrous Industries Limited Vs. Sri K Shivaramappa

Court: Karnataka Dharwad

Decided on: Mar-09-2017

R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE09H DAY OF MARCH2017BEFORE THE HONBLE DR. JUSTICE VINEET KOTHARI WRIT PETITION Nos.63075-78/2010(L-RES) BETWEEN:1. M/S KIRLOSKAR FERROUS INDUSTRIES LTD. ... PETITIONER BEVINAHALLI VILLAGE, P.O. HITNAL583234 TALUKA & DIST: KOPPAL REPRESENTED BY ITS VICE PRESIDENT HR & GEN. ADMN. (BY SRI. RAVI HEGDE, ADV.) AND:1. 2.3. SRI K SHIVARAMAPPA S/O. SRI. DODDANINGAPPA AGE: MAJOR, POST: GABBUR, TQ & DIST: KOPPAL SRI. RAJU CHAVAN S/O. LATE SRI VENU CHAVAN AGE: MAJOR NEAR YELLAMMA TEMPLE, 5TH CROSS, RANIPET HOSPET SRI. NATARAJAN S/O. SRI NAGABHUSHAN AGE: MAJOR Date of Order:09. 03.2017 in WP No.63075-78/2010(L-RES) M/s. Kirloskar Ferrous Industries Ltd. Vs. K. Shivramappa & Others :2. : CHELLAYYA CAMP, MUIRABAD DAM TQ & DIST: KOPPAL4 SHRI. RAVI KUMAR JAVALI S/O. L.V. JAVALI AGE: MAJOR POST: HITNAL TQ & DIST: KOPPAL (BY SRI. ANANT P SAVADI, ADV.) ... RESPONDENTS THESE PETITIONS ARE FILED UNDER ARTICLES226AND227OF CONSTITUTION OF INDIA PRAY...


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