Karnataka Court April 2017 Judgments
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Siddamma and Others Vs. Mahendra and Another
Court: Karnataka Kalaburagi
Decided on: Apr-06-2017
(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicle Act, against the judgment and award dated 31.01.2013 passed in MVC No.5/2011 on the file of MACT No.V, Bijapur, partly allowing the claim petition and seeking enhancement of compensation.) B. Veerappa, J. 1. Though this appeal is listed for admission, with the consent of learned counsel for both the parties, the matter is taken up for final disposal. 2. The claimants who are the wife, children and mother of deceased have filed the present appeal for enhancement of compensation, against the judgment and award doted 31.01.2013 made in MVC No.5/2011 on the file of the Member, MACT-V, Bijapur, awarding compensation of Rs.17,68,000/- with interest at 6% per annum from the date of petition till deposit. 3. It is the case of the claimants that on 26.04.2010, when the deceased and another were proceeding on a motor cycle bearing registration No.MH-13/X-1443 towards Solapur from Barshi and reached near Kole...
Ningappa the State of Karnataka, GARAG P.S. Represented by R/by SPP
Court: Karnataka Dharwad
Decided on: Apr-06-2017
(Prayer: This petition is filed under Section 439 of Cr.P.C. seeking to release him on bail, in Session Case No.6/2017 pending on the file of the Principal District and Sessions Judge, Dharwad arising out of Garag Police Station Crime No.180/2016 for the offences punishable under Sections 302 and 201 of IPC.) 1. This is a petition filed by petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Sections 302 and 201 of IPC registered in respondent-police Station Crime No.180/2016. 2. Brief facts of the prosecution case are that, on 25.09.2016 one Gangappa son of Fakkirappa Talvar has filed complaint before the Garag police, alleging many things. On 23.04.2016 he came to know that his daughter by name Manjula @ Savita W/o Ningappa Naikar, in her husband's house, on 22.04.2016 at about 9.00 p.m. she slept after having dinner. On 23.04.2016 around 2.00 am. it is reported that there is unnatural death of the deceased. Firstly UDR ...
N. Kasturi and Others Vs. H.N. Suma
Court: Karnataka
Decided on: Apr-06-2017
(Prayer: This RFA is filed under Order 96 of Code of Civil Procedure, against the Judgment and Decree Dated: 28.03.2014 passed in O.S. No.7521/2009 on the file of the XXXVIII-Addl. City Civil and Sessions Judge, Bangalore, partly decreeing the suit for Partition and Separate Possession.) 1. This regular first appeal is filed by the defendants in O S No.7521/2009 on the file of the XXXVIII Additional City Civil and Sessions Judge, at Bangalore City (CCH-39) being aggrieved of the judgment and decree dated 28.03.2014 granting 1/4th share in suit schedule property and for separate possession of her share by metes and bounds. 2. The parties would be referred to as per their ranking in the court below for the sake of convenience. 3. The facts of the case in brief are as follows: The plaintiff claimed, the suit schedule property was purchased by her father-in-law namely N Narayan under a sale deed dated 12.12.1979 and thereafter he constructed a building therein. The said N Narayan died on 1...
The Managing Director, The Karnataka State Coir Development Corporatio ...
Court: Karnataka Dharwad
Decided on: Apr-06-2017
(Prayer: This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to quash the Order Dated:06/06/2009 passed by the Additional Labour Court, Hubli in Reference No.44/1998.) Mr.Mallikarjunswamy B. Hiremath, Adv. for the petitioner-Coir Board. Mr.H.R. Gundappa, Adv. for the respondent-Workman. 1. This writ petition has been filed by the Karnataka State Coir Development Corporation (for short, 'the Coir Board'), against the workman Vittal S/o Rama Harikantra, aggrieved by the order and award dated 3.6.2009 passed by the learned Addl. Labour Court, Hubli, in Reference No.44/1998, which had set-aside the impugned termination order of the respondent workman dated 7.12.1993, but instead of directing for re-instatement, it has directed the payment of lumpsum compensation to the tune of Rs.50,000/- to the respondent workman. 2. The Employer-Coir Board aggrieved by the same has filed this writ petition. 3. Learned counsel, Sri. Mallikarjunswamy B. Hiremath, appeari...
C.N. Dinesha Vs. C.G. Mallika
Court: Karnataka
Decided on: Apr-06-2017
(Prayer: This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C., praying to set aside the Judgment and Order Dated 11.7.2014 passed by the Presiding Officer, Fast Track Court, Channarayapatna in Crl.A. No.50/2013 and set aside the conviction and sentence in Judgment Dated 8.3.2013 passed by the Principal Civil Judge and JMFC, Channarayapatna in C.C.No.696/2006, convicting the Petitioner for the offence P/U/S 138 of N.I.Act and ordering to undergo imprisonment for the period of One Year and also directing him to pay fine of Rs.5,000/- and also directing to a pay a sum of Rs.4,00,000/-as Compensation to the complainant and the Petitioner may be set at Liberty.) 1. This revision petition is filed aggrieved by the judgment of conviction and sentence returned by the trial court thereby sentencing the revision petitioner/accused to undergo simple imprisonment for one year and pay a fine of Rs.5,000/- with default clause in respect of the offence under Section 138 of th...
Mr. k.c. Shankare Gowda Vs. The State of Karnataka
Court: Karnataka
Decided on: Apr-06-2017
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6h DAY OF APRIL2017BEFORE THE HONBLE MR. JUSTICE A S BOPANNA W.P.No.5353/2016 (GM-RES) C/W W.P.No.14186/2016, W.P.Nos.19470-471/2016, W.P.No.32454/2016 AND W.P.No.40052/2016 (GM-RES) W.P.No.5353/2016 BETWEEN: MR. K.C. SHANKARE GOWDA S/O CHIKKAMUNE GOWDA AGED ABOUT50YEARS, RESIDING AT KURUBOOR, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT PIN CODE-563125. ... PETITIONER (BY SRI. V LAKSHMINARAYANA, SR.COUNSEL FOR SMT. SHILPA RANI, ADV.) AND:1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, VETERINARY AND FISHERIES DEPARTMENT, GOVERNMENT OF KARNATAKA, DR. AMBEDKAR ROAD, VIKASA SOUDHA, BANGALORE-560001.2. THE UNDER SECRETARY VETERINARY AND FISHERIES DEPARTMENT, GOVERNMENT OF KARNATAKA, 2 DR. AMBEDKAR ROAD, VIKASA SOUDHA, BANGALORE-560001.3. THE REGISTRAR KARNATAKA VETERINARY, ANIMAL AND FISHERIES SCIENCES UNIVERSITY, POST BOX NO.6, NANDHINI NAGAR BIDAR-585401.4. SRI K S ASHOK KUMAR S/O LATE DR.K V SADASHIVA RAO AGE...
Th Belgaum Co-Operative Cotton Vs. The Regional Provident Fund Commiss ...
Court: Karnataka Dharwad
Decided on: Apr-06-2017
R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE06H DAY OF APRIL2017BEFORE THE HONBLE DR. JUSTICE VINEET KOTHARI WRIT PETITION No.67510 of 2010 (L-PF) BETWEEN: THE BELGAUM CO-OPERATIVE COTTON SPINNING MILLS LTD., P.O.PANT BALEKUNDRI, BELGAUM TQ, REP. BY ITS MANAGING DIRECTOR. ... PETITIONER (By Sri. V M SHEELVANT ADV.) AND: THE REGIONAL PROVIDENT FUND COMMISSIONER4H FLOOR, SHRINATH COMPLEX, NEW COTTON MARKET, HUBLI. (By Sri. P V GUNJAL ADV.) ... RESPONDENT THIS WP IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO: I. CALL FOR RECORDS LEADING TO THE ORDER THE FUND, ISSUANCE DATED:24/08/2010, EMPLOYEES PASSED BY OF THE PROVIDENT212 Date of Order:06.04.2017 WP No.67510/2010 THE BELGAUM CO-OPERATIVE COTTON SPINNING MILLS LTD., Vs. THE REGIONAL PF COMMNR.,BELGAUM 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...
K.B. Vittal Rai and Others Vs. The State Transport Authority, by its S ...
Court: Karnataka
Decided on: Apr-05-2017
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to call for records and quash the Order passed by the State Transport Appellate Tribunal, Bengaluru passed in R.P.Nos.40, 43, 46, 47 and 48/2014 Dated 05.05.2015 as per Annexure-E.) 1. Since these petitions involve a common question, the same are heard together and disposed of by this common Judgment. The facts in brief are: the petitioners have been granted inter-state stage carriage permits in the year 1992-93 for the route between Mangalore and Kasargod. The permits were continuously renewed. It transpires that STA-respondent No.1 had issued notices on the ground, there must be an agreement between two States recognizing the permits. The matter was deferred to consider the same at the time of renewal of permits. The High Court of Kerala in W.P. (C) No.8773/2013 and connected cases has set-aside Sub- clauses (1)(a) and (1) (b) of clause 1 of the 4th supplementary inter-state agreem...
The State through Aland Police Station Represented by Addl. State Publ ...
Court: Karnataka Kalaburagi
Decided on: Apr-05-2017
(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 08.02.2011 passed by the II Additional Sessional Judge at Gulbarga in Special Case No.240/2010, thereby acquitting the respondents-accused for the offence punishable under Sections 143, 148, 504, 324, 336 read with Section 149 of IPC and also Section 3(1) (x) of SC/ST (PA) Act, 1989. This appeal having been heard, reserved for judgment and coming on for pronouncement of judgment this day, the Court delivered the following:- 1. This appeal is preferred by the State by assailing the judgment dated 08.02.2011 passed by the II Addl. Additional Sessions Judge, Gulbarga in S.C.No.240/2010 for having acquitted the accused No.1 to 21 for the offence punishable under Sections 143, 148, 504, 336, 506 read with Section 149 of Indian Penal Code and also under Section 3(1)(x) of SC/ST (PA) Act, 1989. 2. The case of the prosecution in brief...
M. Shivanna Vs. Kondali Parasappa and Others
Court: Karnataka
Decided on: Apr-05-2017
(Prayer: This RSA is filed U/S 100 of CPC against the Judgment and Decree Dtd. 31.1.12 passed in R.A.No.22/2011 on the file of Senior Civil Judge, Harapanahalli, allowing the appeal and setting aside the Judgment and Decree Dtd. 19.4.2011 passed in OS.No.56/2003 on the file of Civil Judge, Harapanahalli, Davanagere District.) 1. After hearing the learned counsel for the appellant, the appeal was admitted on 20.10.2014 and the following substantial questions of law are framed by this court: (1) Whether the lower appellate court was justified in reversing the judgment of the trial Court? (2) Whether the findings of the lower appellate court is perverse for not considering the evidence pertaining to the property in a proper perspective? 2. In order to answer the above substantial questions of law, it is just and necessary for this court to got through the case of the plaintiff and the defendants as well as the issues framed by the trial Court and the findings given, as well as the points ...
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