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Karnataka Court June 2017 Judgments

Jun 30 2017

Anitha Vs. The Managing Director, BMTC, Bangalore and Others

Court: Karnataka

Decided on: Jun-30-2017

(Prayer: M.F.A. No.6139/2009 is filed under Section 173(1) of MV Act against the Judgment and Award Dated: 28.5.2009 passed in MVC No.1989/2007 on the file of the VIII Additional Judge, Court of Small Causes, Member, MACT-V, Metropolitan Area, Bangalore (SCCH NO.5), partly allowing the Claim Petition for Compensation and seeking enhancement of Compensation. M.F.A. No.419/2010 is filed under Section 173(1) of MV Act against the Judgment and Award Dated: 28.5.2009 passed in MVC No.1989/2007 on the file of VIII Additional Judge, Court of Small Causes, Member, MACT, Bangalore, awarding compensation of Rs.4,51,500/- with interest @ 6% P.A. from the date of petition till deposit.) 1. In these appeals, the judgment and award passed by the M.A.C.T.-V, Court of Small Causes, Bangalore City ('the Tribunal' for brevity), in M.V.C.No.1989/2007 is under attack. While in M.F.A.No.419/2010, the B.M.T.C./owner of the vehicle is disputing its liability to indemnify the legal heir of the deceased, the w...

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Jun 29 2017

D.R. Srikantaiah and Another Vs. Karnataka State Financial Corporation ...

Court: Karnataka

Decided on: Jun-29-2017

(Prayer: This MFA Is Filed Under Section 32(9) of the State Financial Corporation Act, against the Order Dt:25.11.2015 passed in Misc.No.484/2002 on the file of the XXXVII Additional City Civil Judge, Bangalore, allowing the petition filed U/S 31(A) (Aa) 32 (1) and 32 of State Financial Act.) K.S. Mudagal, J. 1. This appeal arises out of the order dated 25.11.2015 passed by the XXXVII Addl. City Civil and Sessions Judge (CCH-38), Bangalore City in Misc.No.484/2002. By the impugned order, the trial Court has allowed the petition of the present respondent nos.1 and 2 under Sections 31(aa) and 32 of The State Financial Corporation Act, 1951 (Hereinafter referred to as 'The Act' for short) for recovery of Rs.2,53,25,253/- with interest @ 24% P.A. compoundable half yearly. 2. The appellants are respondents 2 and 3 before the trial Court. Respondent nos.3 and 4 are respondent nos.1 and 4 respectively. Respondent nos.1 and 2 are petitioner nos.1 and 2 before the trial Court. For the purpose o...

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Jun 29 2017

IBC Knowledge Park Private Limited, Rep. by its Managing Director Yunu ...

Court: Karnataka

Decided on: Jun-29-2017

(Prayer: This Petition is filed under Article 226 of the Constitution of India, with a prayer to call for the records in respect of the Impugned Demand Note Dt. 27.11.2008 calling upon the petitioner to pay Rs. 1,97,18,440/- (Rupees One Crore Ninety Seven Lakhs Eighteen Thousand Four Hundred Forty Only) towards interest on pro rata charges filed as Annex-N and set aside the same and etc. This Petition is filed under Article 226 of the Constitution of India, with a prayer to declare that the Demand and Collection of Pro Rata Charges by respondent Nos. 1 to 3 is without Authority of Law, beyond jurisdiction and hence illegal and unconstitutional and at any rate, Excessive and Unreasonable and etc.) 1. The parties to these two writ petitions are the same and the issue essentially is also the same as arising against the demand made by respondents 1 to 3 against the petitioner. 2. The petitioner and respondent No.4 entered into a development agreement whereunder the petitioner was to develo...

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Jun 29 2017

Umesh @ Omanna and Others Vs. The State of Karnataka, Through Kamalapu ...

Court: Karnataka Kalaburagi

Decided on: Jun-29-2017

(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C. praying to call for the entire records, allow this criminal appeal by setting aside the Judgment and Order of conviction dated: 27.1.2011 in Special Case No.251/2008 passed by II Addl. Sessions Judge at Gulbarga, thereby convicting the appellant/accused no.1 for the offences punishable under Section 366, 343, 376 of IPC and also under Section 3(2)(v) of the Scheduled Caste and Schedule Tribe Prevention of Atrocity Act and sentencing the appellant/accused no.1 to suffer simple imprisonment for a period of 7-years and fine of Rs.2500/- for the offences punishable under Section 366 of IPC, simple imprisonment for 3-months and fine of Rs.1000/- for the offences punishable under section 343, simple imprisonment for a period of 7-years and fine of Rs.2500/- for the offences punishable under section 376 of IPC and imprisonment for a period of 10-years and fine of Rs.2500/- for the offences punishable under Section 3(2)(v) ...

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Jun 29 2017

smt.hemalata Vs. Deputy Commissioner,

Court: Karnataka Dharwad

Decided on: Jun-29-2017

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE29H DAY OF JUNE2017BEFORE THE HONBLE MR. JUSTICE K.N. PHANEENDRA WRIT PETITION No.108244/2016 & WRIT PETITION No.108839/2016 (GM-RES) BETWEEN:1. 2. SMT. HEMALATA SUGURESH NAGALOTI, AGED ABOUT34YEARS, WARD No.13, MEMBER, CITY MUNICIPAL COUNCIL, ILKAL, POST: ILKAL, DIST.; BAGALKOT. SRI. HUSSAINSAB SHAMIDSAB BHAGWAN, AGED ABOUT35YEARS, WARD No.24, MEMBER, CITY MUNICIPAL COUNCIL, ILKAL, POST: ILKAL, DIST.; BAGALKOT. (BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) - PETITIONERS AND:1. 2.3. DEPUTY COMMISSIONER, BAGALKOT DISTRICT, BAGALKOT. SRI M.B. SOUDAGAR, PRESIDENT, DISTRICT CONGRESS SAMITI, BAGALKOT. COMMISSIONER, CITY MUNICIPAL COUNCIL, ILKAL, BAGALKOT DISTRICT. (SMT. K. VIDYAVATI, AGA FOR R1, SRI NAGARAJ C. KOLLOORI, ADVOCATE FOR C/R2, NOTICE TO R3 IS SERVED) - RESPONDENTS :2. : THESE WRIT PETITIONS ARE FILED UNDER ARTICLES226& 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE1T RESPONDENT/ ...

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Jun 28 2017

Hanmanth and Others Vs. The State of Karnataka, Through The Police, Re ...

Court: Karnataka Kalaburagi

Decided on: Jun-28-2017

(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C. praying to allow the appeal and to set aside the Judgment and Order of conviction and the sentence dated 21.12.2011 in S.C.No.50/2009 passed by the learned Additional District and Sessions Judge, Bidar, whereby the accused No.1 to 5 are convicted for the offences punishable under Sections 307 and 324 r/w Sec. 34 of IPC and the accused No. 6 to 8 are convicted for the offences punishable under Section 323 R/w section 34 of IPC and further awarded the sentence to the appellants No.1 to 5 to undergo simple imprisonment for five years and to pay a fine of Rs.5000/- each, in default to undergo further simple imprisonment for a period of six months for offence punishable under Section 307 R/w Section 34 of IPC and further to undergo simple imprisonment for a period of two years and to pay a fine of Rs.2000/- each and in default to undergo further simple imprisonment for a period of three months for the offence punishable ...

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Jun 28 2017

Sidram and Others Vs. The State of Karnataka, Through The Police Bhalk ...

Court: Karnataka Kalaburagi

Decided on: Jun-28-2017

(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C. praying to allow this memorandum of Criminal Appeal and be pleased to set-aside the impugned judgment of conviction and order of sentence dated 21-12-2011 passed by the Addl. District and Sessions Judge, Bidar in S.C.No.109 of 2009 and acquit the appellants/accused of all the charges to which they were tried. 1. This appeal is preferred by the accused Nos.1 to 4 by assailing the judgment of conviction passed by Additional District and Sessions Judge, Bidar in S.C. No.109/2009 dated 21.12.2011. 2. The case of the prosecution in nutshell as per the complaint is that, on 24.6.2008 at about 9:00 a.m., accused persons with a common intention tres- passed into land bearing Sy.No.2 of Madnoor village belonging to the complainant. When the complainant and his son were putting firewood and clearing the said land, accused persons threatened them by saying that, they will take away the life and at that time accused No.1 tried ...

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Jun 28 2017

Ramesh Vs. The State of Karnataka, Represented by State Public Prosecu ...

Court: Karnataka Kalaburagi

Decided on: Jun-28-2017

(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.206/2016, Yedrami P.S., Kalaburagi District, for the offence P/U/Sec. 366(A), 376(2)(N), 109 R/W 34 of I.P.C. and also U/Sec. 4 and 6 POCSO Act.) 1. This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.206/2016 of Yedrami Police Station (Special Case POCSO No.5/2017 pending on the file of II Addl. District and Sessions Judge, Kalaburagi), registered for the offences punishable under Sections 366(A), 376(2)(n), 109 R/w Section 34 of IPC and also Sections 4 and 6 of the Protection of Children from Sexual Offences Act. 2. Brief facts leading to filing of the complaint are that, the victim is the eldest daughter of the complainant, who is pursuing her studies in 10th standard in the Urdu School at Jewargi. It is further alleged that, the complainant's daughter used to complain about the petitioner statin...

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Jun 28 2017

M/S Shakthi Specialities Vs. The State of Karnataka

Court: Karnataka

Decided on: Jun-28-2017

1/6 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF JUNE, 2017 BEFORE THE HONBLE DR JUSTICE VINEET KOTHARI WRIT PETITION NOs.26873-877/2017 & 27518-572/2017 (T-RES) Between M/s. Shakthi Specialities Represented by its Managing Partner Sri. R. Srinivasan Aged about 56 years No.155, Narayana Pillai Street St. Johns Church Road Bengaluru-560 001. (By Mr. R. Venkatesh Prasad, Advocate) And 1. The State of Karnataka Represented by its Principal Secretary Finance Department Vidhana Soudha Bengaluru-560 001. ... Petitioner 2.3. The Commissioner of Commercial Taxes in Karnataka Vanijya Therige Karyalaya 1st Main Road, Gandhinagar Bengaluru-560 009. The Commercial Tax Officer (Audit 1.2), D.V.O.-.1, TTMC Date of Order 28-06-2017 W.P.Nos.26873-877/2017 & 27518-572/2017 M/s. Shakthi Specialities Vs. The State of Karnataka & Ors. 2/6 BMTC Building, Yeshawanthpur Bengaluru-560 022.4. The Joint Commissioner of Commercial Taxes (Appeals) I Shanthinagar, Bengaluru-560 027. (By...

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Jun 27 2017

Synergy Universal Pvt. Ltd., Vs. Commissioner for Transport in Karnata ...

Court: Karnataka

Decided on: Jun-27-2017

W.A.No.4031/2016 -1- IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE27H DAY OF JUNE2017PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE K.S.MUDAGAL WRIT APPEAL NO.4031/2016 (T-MVT) R BETWEEN : SYNERGY UNIVERSAL PVT. LTD. REP BY ITS MANAGING DIRECTOR SRI PANKAJ SURANA AGED ABOUT42YEARS #104, 4TH FLOOR, CROMA BUILDING NEAR KALYAN NAGAR, BUS DEPOT KALYAN NAGAR BANGALORE 560 043 ...APPELLANT COMMISSIONER FOR TRANSPORT IN KARNATAKA1T FLOOR, A BLOCK, TTMC BUILDING K.H.ROAD, SHANTHINAGAR BANGALORE 560 027 (BY SRI CHAITANYA V. MUDRABETTU, ADVOCATE) AND :1. 2. 3. THE JOINT COMMISSIONER FOR TRANSPORT BANGALORE (URBAN AND RURAL) 1ST FLOOR, T.T.M.C. BUILDING, A BLOCK SHANTHINAGAR, BANGALORE 560 027 THE DEPUTY COMMISSIONER FOR TRANSPORT & SENIOR REGIONAL TRANSPORT OFFICER W.A.No.4031/2016 -2- BANGALORE (SOUTH), JAYANAGAR BANGALORE 560 011 ...RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP) THIS WRIT APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT PRAYING T...

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