Karnataka Court April 2017 Judgments
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Dr Andani Gowda Vs. State of Karnataka
Court: Karnataka
Decided on: Apr-12-2017
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE12H DAY OF APRIL, 2017 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.19915/2013 (S-RES) BETWEEN: Dr. ANDANI GOWDA AGED ABOUT62YEARS PROFESSOR OF AGRONOMY AGRICULTURAL COLLEGE G.K.V.K. U.A.S. BANGALORE 560 065. ... PETITIONER (BY SRI V. LAKSHMINARAYANA SENIOR ADV. FOR MISS. SHILPA RANI, ADV.) AND:1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE M.S. BUILDING BANGALORE 560 001. THE REGISTRAR UNIVERSITY OF AGRICULTURAL SCIENCES G.K.V.K BANGALORE-560 065.2.3. 2 THE ADMINISTRATIVE OFFICER UNIVERSITY OF AGRICULTURAL SCIENCES G.K.V.K BANGALORE 560 065. ... RESPONDENTS (BY SRI M.A. SUBRAMANI, HCGP FOR R1; SRI R. SRIDHAR HIREMATH, ADV. FOR R2 & R3) THIS PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONTINUE THE SERVICE OF THE PETITIONER TILL HE ATTAINS THE AGE OF65YEARS; QUASH THE ORDER/LETTER DATED2510.20...
Kavitha and Others Vs. The Managing Director, KSRTC, Bangalore
Court: Karnataka Dharwad
Decided on: Apr-11-2017
(Prayer: This MFA is filed under Section 173(1) of MV Act, against the Judgment and Award Dated 30.05.2011, passed in MVC No.443/2007 on the file of the Motor Vehicle Accident Claims Tribunal, IX Mudhol, partly allowing the Claim Petition for Compensation and seeking enhancement of Compensation. This Appeal is filed under Section 173(1) of MV Act, 1988, against the Judgment and Award Dated 30.05.2011 passed in MVC No.443/2007 on the file of Member, Mact-IX, Mudhol, awarding the Compensation of Rs. 7,47,000/- with interest at the rate of 6% P.A. from 30.04.2011 till Deposit.) Dr. H.B. Prabhakara Sastry, J. 1. These appeals are filed under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award passed by the Motor Vehicle Accident Claims Tribunal-IX, Mudhol, dated 30.05.2011 in MVC No.443/2007. 2. The appellant in MFA No.21942/2013 is the respondent-Corporation before the Motor Vehicle Accident Claims Tribunal (for short 'Tribunal') and has prayed for setting as...
Lokikere Kenchappa Parakashkumar Vs. The State of Karnataka, Rep by Sp ...
Court: Karnataka Dharwad
Decided on: Apr-10-2017
(Prayer: This criminal petition is filed under Section 439 of Cr.P.C seeking to grant regular bail to the petitioner in Crime No.5/2017 of Anti Corruption Bureau Police Station registered for the offences punishable under Sections 7, 13(i)(d) read with Section 13(ii) of Prevention of Corruption Act.) 1. This petition is a filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on regular bail of the alleged offences punishable under Sections 7, 13(i)(d) read with Section 13(ii) of Prevention of Corruption Act, registered in respondent Police Station Crime No.5/2017. 2. The brief facts of the case as per complaint averments are that complainant deposited the required amount, and on 04.01.2003 the lease-cum-Sale Agreement was executed by the officer of KIADB. Application along with all the necessary documents, for execution of Sale Deed as per the agreement and handed over all the papers to the case worker (accused No.2) and on enquiry accused No.2 informed ...
Kudure Thammanna, Since dead by LRs. and Others Vs. K.C. Ramaiah, Sinc ...
Court: Karnataka
Decided on: Apr-10-2017
(Prayer: This Appeal is filed under section 96 of CPC., against the Order dt:03.08.2016 passed in FDP No.36/2002 on the file of the II Addl. Senior Civil Judge, Kolar, Itinerating at Mulbagal, ordered to draw final decree.) 1. The above appeal is filed challenging the final decree drawn in F.D.P.No.36/2002 dated 03.08.2016 by the II Addl. Senior Civil Judge, Kolar, Itinerating at Mulbagal. The appellants are defendant Nos.1(a) to (e), the 1st respondent is plaintiff and respondent Nos.2 to 4 are defendant Nos.2(a), (b) and 3 respectively. Respondent Nos. 5 and 6 are defendant Nos.b(2) and b(3) before the trial Court. 2. The brief facts of the case are as follows: * K.C.Ramaiah filed O.S.29/1994 before the II Addl. Senior Civil Judge, Kolar for partition and separate possession of his half share in the suit schedule properties. The trial Court by judgment dated 03.04.2002 decreed the suit in part. The trial Court granted half share to the plaintiff in suit schedule item Nos.1 to 7, 13 t...
G.B. Uday and Another Vs. K. Mohan Kumar and Others
Court: Karnataka
Decided on: Apr-10-2017
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order of the Respondent No.3 Dated 7.11.2016 allowing the review in P.R.10/2013-14 at Annexure-S and etc.) 1. The petitioners have challenged the legality of the order, dated 07.11.2016, passed by the Joint Commissioner (South), Bruhat Bengaluru Mahanagara Palike ("BBMP", for short), whereby the learned Joint Commissioner has allowed the review petition filed by the respondent No.1, Mr. K. Mohan Kumar, against the amalgamation of the Katha, which allegedly belonged to the petitioners, and has directed that fresh enquiries should be held, and the parties should be heard, and a fresh order with regard to amalgamation of Katha should be passed. 2. Briefly the facts of the case are that according to the petitioners, their father, Mr. G. Basavaraj, was the owner of an agricultural land bearing Sy.No.33/2A, 33/3, 34/6, 34/8 in Doddabylakhana, Doddamavalli village, Bangalore. P...
C. Yogish and Another Vs. Devamma and Others
Court: Karnataka
Decided on: Apr-10-2017
(Prayer: This Writ Petition is filed under Article 227 of the Constitution of India, praying to set aside the Order Dtd. 4.6.2016 passed on I.A.no.3 in F.D.P. No.15/2013 by the Court of the Hon'ble Senior Civil Judge and Prl. JMFC, Tarikere Vide Annex-A and consequently allow the I.A.NO.3 Vide Annex-J.) 1. Heard Sri. Sachin V.R., learned counsel appearing for the petitioners and Smt. Anusha, learned counsel appearing for first respondent/ Caveator. 2. First respondent herein has initiated final decree proceedings under Order 20 Rule 18 of CPC in FDP No.15/2013 in order to enjoy the fruits of decree obtained by her in O.S.No.16/2003, which came to be affirmed in R.A.No.52/2011. During the pendency of said final decree proceedings petitioners herein filed an application under Order 1 Rule 10 (2) of CPC to come on record. Said application has been rejected by Lower Appellate Court with the following observation: "7. Point No.1:- Perused the xxxxx 27.04.1988. No where in the application, s...
Kalegowda Vs. The State of Karnataka, Rep by Station House Officer, Ra ...
Court: Karnataka
Decided on: Apr-07-2017
(Prayer: This Crl.P is filed U/S.482 Cr.P.C praying to quash the entire proceedings in Spl.C.No.68/2016 (arising out of Cr.No.96/2016) of Ramapura P.S., Kollegala Sub-Division, Chamarajanagar District for the alleged offences P/U/S 20(B)(ii)(b) of NDPS Act on the file of Prl. Dist. and S.J., Chamarajanagar.) John Michael Cunha, J. 1. The petitioner is charge sheeted for the offences punishable under sections 20(B)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") in Cr.No.96/2016. 2. The petitioner has sought for quashing the entire proceedings now pending on the file of the Principal District and Sessions Judge at Chamarajnagar in Special Case No.68/2016 mainly on two grounds. First, the respondent-Police have not followed the mandatory provisions prescribed in the NDPS Act. Second, the charge sheet discloses that the seized material was only flower and stems, but as per the NDPS Act, the ganja should consist of flowering tops. Since the seized ...
G.K. Adarsh Vs. State of Karnataka, by its Principal Secretary and Oth ...
Court: Karnataka
Decided on: Apr-07-2017
(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of quo warranto for removal of the 3rd respondent as Member of the State Police Complaints Authority appointed by the Respondent Nos.1 and 2 in terms of the Government Order Dated 27.05.2014 as per Annexure-F and also to quash the Government Order Dated 27.05.2014 as per Annexure-F; to strike down the amended S.20C of the Karnataka Police Act, 1963 as per Annexure-C Dated 09.08.2012.) 1. The petitioner claiming to be the General Secretary of Human Rights Defenders Forum, Bengaluru - 560 002, filed this petition to (i) quash Government Order dated 27.05.2014, whereby the 3rd respondent was appointed as the Member of State Police Complaints Authority (for short 'SPCA'), from the Civil Society and (ii) strike down Section 20-C of the Karnataka Police Act, 1963 amended as per Karnataka Act No.30 of 2012 with effect from 09.08.2012. 2. Sri G.R. Mohan, learned advocate submitted t...
The Belgaum Co-Operative Cotton Spinning Mills Ltd., Rep. by Its Manag ...
Court: Karnataka Dharwad
Decided on: Apr-06-2017
(Prayer: This WP is filed under Articles 226 and 227 of the Constitution of India praying to: I. Call for records leading to the issuance of the Order Dated:24/08/2010, passed by the Employees' Provident Fund, Appellate Tribunal, New Delhi in ATA No.631 (6) 2001 (Annexure-H). II. Quash the Order Dated:24/08/2010, passed by the Employees' Provident Fund, Appellate Tribunal, New Delhi in ATA No.631(6) 2001 (Annexure-H).) Mr.V.M.Sheelavant, Adv. for petitioner. Mr.P.V.Gunjal, Adv. for respondent. 1. The petitioner-Belgaum Co-operative Cotton Spinning Mills Limited has filed this petition aggrieved by the order passed by the Employees Provident Fund Tribunal, New Delhi, rejecting their appeal in ATA No.631(6)2001 upholding the levy of damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the Act'). 2. The reasons assigned by the learned Tribunal in the impugned order are quoted below for ready reference: 6. The applicability of the...
K.C. Shankare Gowda and Others Vs. The State of Karnataka, Represented ...
Court: Karnataka
Decided on: Apr-06-2017
(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the Order Dtd:21.01.2016 (Vide Annexure-D) passed by the Respondent, thereby declaring that and the same is hit by provisions of the Article 14 of the Constitution OF India. This Petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the Order Dated 21.01.2016 at Annex-E passed by R-2 thereby declaring that and the same is hit by provisions of the Article 14 of the Constitution of India, without jurisdiction and same is in violations of Natural Justice.) 1. The petitioners in W.P.No.5353/2016 (Sri K.C.Shankaregowda), W.P.No.14186/2016 (Sri Rithesh Saliyan), W.P.No.32454/2016 (Sri K.S.Ashok Kumar) and W.P.No.40052/2016 (Sri Srikant Konapur) are the members nominated to the Board of Management of Karnataka Veterinary Animal and Fisheries Sciences University, Bidar ('KVAFSU' for short) by the Government, through the notification dated 1...
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