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Karnataka Court May 2017 Judgments

May 23 2017

Smt. Ishrath Banu Vs. The Returning Officer

Court: Karnataka

Decided on: May-23-2017

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF MAY2017BEFORE THE HONBLE MR.JUSTICE RAGHVENDRA S. CHAUHAN W.P.No.16345/2017 (LB - ELE) .. Petitioner BETWEEN Smt. Ishrath Banu, W/o Sri Irishad Pasha Aged about 51 years, Zilla Panchayat Member, Chamaraja Nagar, R/at No.7/496, 6th Cross, Basaveshwara Nagar, Kollegala Town - 571 440 Chamaraja Nagar District. (By Prof. Ravi Verma Kumar, Senior Adv. for Mr. V. R. Sarathy, Adv.) AND12) 3) Smt. Shanthi W/o Chennaiah, Aged about 28 years, R/at Hugya Village, Hugya Post, Kollegala TaLuk, Chamaraja Nagar District - 571 444. The Returning Officer, Also, The Assistant Commissioner, Kollegala Sub-Division, Kollegala Taluk, Chamaraja Nagar District- 571 444. The Tahsildar, Kollegala Taluk, Kollegala, Chamaraja Nagar District - 571 444. 2 .. Respondents Smt. Chandra W/o Ramar, Aged about 44 years, R/at Vellariporai, Martalli Post, Ramapura Hobli, Kollegala Taluk, Chamaraja Nagar District - 571 444.4) This writ petition is file...

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May 22 2017

Anand Vs. The State by Yalahanka New Town Police, Represented by SPP

Court: Karnataka

Decided on: May-22-2017

(Prayer: This Criminal Appeal is filed under Section 374(2) Cr.P.C praying to set aside the judgment of conviction dated 27.09.2012 / 04.10.2012 passed by the Presiding Officer Fast Track Court-X, Bengaluru City, in S.C.No.83/2009 convicting the appellant/accused No.2 for the offence punishable under Section 302 r/w 34 of Indian Penal Code. This Criminal Appeal having been heard and reserved for judgment on 04.05.2017, coming on this day, B.A.Patil, J. pronounced the following:) B.A. Patil, J. 1. This appeal has been preferred by accused No.2 by assailing the judgment and order of conviction and sentence passed by the Fast Track Court No.X, Bengaluru, dated 27.9.2012 in SC.No.83/2009. 2. The brief matrix of the case of the prosecution is that, the complainant Linga Reddy was residing along with his deceased wife Smt.Lakshmi and children in residential quarters at No.318/D West Colony, Railwheel Factory, Yelahanka New Town, Bengaluru. On 13.8.2008, at about 1.00 p.m., accused No.1 came ...

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May 22 2017

Anand Vs. The State by Yalahanka New Town

Court: Karnataka

Decided on: May-22-2017

- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THIS THE22D DAY OF MAY, 2017 PRESENT THE HONBLE MR.JUSTICE RAVI MALIMATH AND THE HONBLE MR.JUSTICE B.A.PATIL CRIMINAL APPEAL NO.1219 OF2012BETWEEN : Anand S/o Lakshmaiah Aged 29 years C/o Prakash Building Vammadevanahalli Gottigere Post, Begur Hobli, Bannergatta Road, Bengaluru City. (By Sri N.R.Krishnappa, Advocate) AND : The State by Yalahanka New Town Police Represented by SPP High Court of Karnataka High Court Building Bengaluru-560 001. ..Appellant ..Respondent (By Sri Vijay Kumar Majage, Additional SPP) - 2 - This Criminal Appeal is filed under Section 374(2) Cr.P.C praying to set aside the judgment of conviction dated 27.09.2012 / 04.10.2012 passed by the Presiding Officer Fast Track Court-X, Bengaluru City, in S.C.No.83/2009 convicting the appellant/accused No.2 for the offence punishable under Section 302 r/w 34 of Indian Penal Code. This Criminal Appeal having been heard and reserved for judgment on 04.05.2017, coming on ...

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May 19 2017

Ozone Urbana INFRA Developers Private Ltd., (Formerly known as Mfar In ...

Court: Karnataka

Decided on: May-19-2017

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notice dated 24.07.2010 issued by the respondent No.1 produced at Annexure - D and etc.) 1. The petitioner filed the present writ petition for a writ of certiorari to quash the notice dated 24.07.2010 made in No.LND.CR.148/2010-11 passed by the first respondent Tahsildar as per Annexure - D and for a direction to respondent to carry out a joint survey regarding the allegations of encroachments made by them and determine the said question after following the procedure as contemplated by the Karnataka Land Revenue Act, 1964. 2. It is the specific case of the petitioner that the petitioner company was duly incorporated under the Companies' Act, 1956, on 13.01.2006. The name of the said company was changed as 'Ozone Urbana Land Development Private Ltd', by a resolution duly passed under Section 21 of the Companies' Act, 1956. The Government of India accorded approval and issued...

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May 18 2017

Prakash @ Parashivamurthy (Parashivamurthy. B. @ Prakash) Vs. The Stat ...

Court: Karnataka

Decided on: May-18-2017

(Prayer: This Criminal Petition is filed Under Section 439 CR.P.C by the Advocate for the petitioner praying that this Hon'ble Court may be pleased to enlarge the petitioner on bail in Crime No.122/2016 (SPL.C.No.13/2017) of Ramapura Police Station, Chamarajanagar for the offence P/US 419, 366(A), 376(2) (i) (n) and 420 of IPC and Sec.4,6 and 8 of POCSO Act.) 1. The petitioner is charge sheeted in crime No.122/2016 of Ramapura Police Station, Kollegal Taluk of Chamarajanagara District for the offences punishable under Sections 4,6 and 8 of Protection of Children from Sexual Offences Act, 2012 (Hereinafter referred to as 'the POCSO Act' for short) and Section 366(A), 376(2)(i)(n), 419 and 420 IPC. The case is now pending in Special Case No.13/2017 before the Principal District and Special Judge, Chamarajanagara. 2. The case of the prosecution in brief is as follows: - CW1 is the father of CW2. CW2 is aged 16 years. The petitioner/accused though married and has three children, about 3 ye...

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May 17 2017

Gopal Rao and Others Vs. Sathyendra Rao Bondade, Since deceased by his ...

Court: Karnataka

Decided on: May-17-2017

(Prayer: This RFA is filed under section 96 of CPC, against the Judgment and Decree dt:17.06.2004 passed in O.S.No.385/2000 on the file of the Prl. Civil Judge, (Sr.Dn.) Davangere, partly decreeing the suit for partition and possession. This appeal having been heard and reserved, coming on for Pronouncement this day, the Court delivered the following:) 1. This appeal arises out of the judgment and decree dated 17.06.2004 passed by the Principal Civil Senior Judge, Davanagere in O.S.No.385/2000. By the impugned judgment and decree the trial Court has decreed the suit for partition and separate possession of share of plaintiff No.1 in the suit property and rejected the claim for mesne profits. 2. The subject matter of the suit is the site measuring 30'x 100' with a RCC building constructed thereon bearing door No.383 situated in 4th Main, 8th Cross, P.J. Extenstion, Davanagere. The appellant is the second defendant in the suit. Sathyendra Rao Bondade and his son Sri S.Vijaya Bondade (r...

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May 17 2017

Venkataraju and Others Vs. Tara Aiyappa

Court: Karnataka

Decided on: May-17-2017

(Prayer: This RFA is filed under section 96 of CPC, against the Judgment and Decree dt:18.09.2008 passed in O.S.No.15192/05 on the file of the XIII Addl. City Civil Judge, Mayohall Unit, Bangalore, (CCH.No.22), decreeing the suit for Mandatory Injunction and Permanent Injunction.) 1. This defendants' appeal arises out of the judgment and decree dated 8.9.2008 passed by the XIII Additional City Civil Judge, Mayo Hall Unit-1 Bengaluru in O.S.No.15192/2005. The respondent is plaintiff before the Trial Court. Subject matter of the suit is a strip of land described as plaint schedule 'B' property, measuring east to west 3' and north to south 45' situated at the eastern side of the plaintiff's property more fully described as plaint schedule 'A' property. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the trial Court. 2. Plaintiff filed O.S. No.15192/2005 against the defendants for mandatory injunction for removal of the toilets constructed ...

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May 17 2017

K.V. Ananda Rao Vs. K.V. Muralidhar and Others

Court: Karnataka

Decided on: May-17-2017

(Prayer: This RFA is filed under Section 96 of CPC, against the Judgment and Decree dt:14.02.2003 passed in O.S.No.3629/1988 on the file of the XV Addl. City Civil Judge, Bangalore, (CCH.No.3), decreeing the suit for partition and separate possession of half share in the suit schedule properties, for Mesne Profits, costs etc. This RFA is filed under Section 96 of the CPC, 1908 against the Order dt:20.12.2007 passed in FDP No.49/03 on the file of the XV Addl. City Civil and Sessions Judge, Bangalore city (CCCH.No.3), partly allowing the petition filed under order 20 Rule 12 and 18 of the CPC, 1908. These Appeals having been heard and reserved, coming on for Pronouncement this day, the Court delivered the following:) 1. R.F.A.No.743/2003 arises out of the judgment and the Preliminary Decree dated 14.2.2003 passed by the XV Additional City Civil Judge, Bangalore, in O.S.No.3629/1988. 2. R.F.A.No.190/2008 arises out of the order dated 20.12.2007 in FDP 49/2003 passed by XV Additional City ...

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May 16 2017

Madhukar G. Angur, Managing Director Alliance Business School Co., Ben ...

Court: Karnataka

Decided on: May-16-2017

(Prayer: This appeal is filed under Order 43 Rule 1 (r) of the Code of Civil Procedure, praying to set aside the impugned order dated 30.08.2016, passed by the XXVII Additional City Civil Judge at Bangalore (CCH-9), allowing the interlocutory application filed by the first respondent-plaintiff under Order 39 Rules 1 and 2 of CPC, in O.S.No.2911/2016, thereby restraining the appellants by a temporary injunction from interfering with the management and affairs of the second respondent-Company and the third respondent University and etc. This Miscellaneous First Appeal having been heard and reserved for judgment on 05.04.2017, and coming on for pronouncement this day, the court made the following:) 1. The appellants have challenged the legality of the Order dated 30-8-2016, passed by the XXVII Additional City Civil Judge, Bangalore City (CCH-9), whereby the learned Civil Judge has granted a temporary injunction in favour of the respondent No. 1, Ms. Shreya Sanjeev. By the said order, the ...

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May 16 2017

Madhukar G. Angur and Another Vs. Madhusudhan Mishra and Others

Court: Karnataka

Decided on: May-16-2017

(Prayer: This appeal is filed under Order 43 Rule 1 (r) of the Code of Civil procedure, praying to set aside the impugned order dated 07.09.2016, passed by the IV Additional City Civil and Sessions Judge at Bangalore (CCH-21), in O.S.No.25699/2016 on I.A.No.1 filed by the first respondent under Order 39 Rules 1 and 2 r/w 151 CPC, and etc). 1. The appellants are aggrieved by the order dated 7-9-2016, passed by the IV Additional City Civil And Sessions Judge, Bengaluru (CCH-21), whereby the learned Civil has granted a temporary injunction in favour of Respondent No.1, (henceforth to be referred to as the Plaintiff , for short), and has debarred the appellants from interfering with the administration and management of the Alliance University, ( the University , for short), and the Alliance Business School ( the Sponsoring Body , for short), and from entering upon the three campus owned and operated by the University. 2. Briefly the facts of the case are that Mr. Madhusudhan Mishra, the p...

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