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Karnataka Court June 2017 Judgments

Jun 13 2017

Tavanappa Malasarja Patil Vs. Vanamala

Court: Karnataka Dharwad

Decided on: Jun-13-2017

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE13H DAY OF JUNE, 2017 PRESENT THE HONBLE MR.JUSTICE B.S.PATIL AND THE HONBLE MR.JUSTICE K.SOMASHEKAR REGULAR FIRST APPEAL No.273/2004 BETWEEN:1. 2.3. TAVANAPPA MALASARJA PATIL, AGE:72. YEARS, OCC: AGRICULTURE, R/O380 TANAJI GALLI, ANGOL, BELGAUM. (SINCE DEAD, APPELLANT2AND3ARE TREATED AS LR.S.) SUMITRA W/O TAVANAPPA PATIL, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O380 TANAJI GALLI, ANGOL, BELGAUM. PADMARAJ S/O TAVANAPPA PATIL, AGE: MAJOR, OCC: AGRICULTURE, R/O380 TANAJI GALLI, ANGOL, BELGAUM. ... APPELLANTS (BY SRI.V.P.KULKARNI & SRI.GIRISH YADWAD, ADVS. FOR APPELLANT, SRI.RAVIRAJ C PATIL & SRI NITIN BOLBANDI, ADVS. FOR APPELLANTS2& 3 SRI.VIJAYA R HANAMANTGAD, FOR A2, A3 ARE LRS OF DECEASED A1) 2 AND1 VANAMALA W/O PADMARAJ DUNDASHI, AGE:55. YEARS, OCC: HOUSEHOLD WORK, R/O CHIKKABASUR, TAL: BYADAGI, DIST: DHARWAD. (SINCE DEAD BY LR.S.) 1(a) PAMMANNA DUNDASI, R/O. CHIKKABASURU, TALUKA & DIST: HAVERI. 1(b) SUNEEL @ RAJU S/O PAMMANNA D...

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Jun 13 2017

Maruthi Vs. The Commissioner

Court: Karnataka Dharwad

Decided on: Jun-13-2017

R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE13H DAY OF JUNE2017PRESENT THE HONBLE DR. JUSTICE VINEET KOTHARI AND THE HONBLE DR. JUSTICE H.B. PRABHAKARA SASTRY WRIT APPEAL Nos.3931-45/2017 C/W WRIT APPEAL Nos.3946-56/2017 & 3962/2017(LB-RES) IN WA Nos.3931-45/2017 BETWEEN:1. MARUTHI S/O HANAMANT JADHAV AGED ABOUT39YEARS OCC:BUSINESS R/O SHOP NO.1, BASAVA SANKEERNA MEVIN BAZAAR, MUDHOL TQ:MUDHOL, DIST:BAGALKOT-587313 2. VISHWANATH S/O BHIMAPPA HANDRAL AGED ABOUT65YEARS OCC:BUSINESS R/O SHOP NO.2, BASAVA SANKEERNA MEVIN BAZAAR, MUDHOL TQ:MUDHOL, DIST:BAGALKOT-587313 3. MEHBOOBSAB S/O SAYYADSAB SHERPYADE Date of Judgment 13.06.2017 in WA Nos..3931-45/2017 C/W WA Nos.3946-56/2017 & 3962/2017(LB-RES) Maruthi & Others Vs. The Commissioner, City Municipal Council, Mudhol 2 AGED ABOUT67YEARS OCC:BUSINESS R/O SHOP NO.3 BASAVA SANKEERNA MEVIN BAZAAR, MUDHOL TQ:MUDHOL DIST BAGALKOT-587313 4. BABURAO S/O SANTHAPPA JADHAV AGED ABOUT64YEARS OCC:BUSINESS R/O SHOP NO.4 BASAVA SANKEERNA...

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Jun 13 2017

M/S. Paton Constructions Private Ltd. Vs. M/S. Lorven Projects Ltd.

Court: Karnataka

Decided on: Jun-13-2017

M.F.A.NO.1440/2014 -1- IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF JUNE2017PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH R AND THE HONBLE MR. JUSTICE JOHN MICHAEL CUNHA MISCELLANEOUS FIRST APPEAL NO.1440/2014 (AA) BETWEEN : M/S. PATON CONSTRUCTIONS PRIVATE LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT:101. THOSAR HOUSE, HANUMAN CROSS ROAD NO.1 VILE PARLE (E), MUMBAI-400 057 HAVING ITS CORPORATE OFFICE AT2D FLOOR, KRISHNA BHAVAN67 NEHRU ROAD, VILE PARLE (EAST) MUMBAI 400 057 REPRESENTED BY ITS DIRECTORS a) b) Mr. PRAVIN SATRA Mr. PREMJI SATRA ...APPELLANT (BY SRI AJESH KUMAR S., ADVOCATE) AND :1. 2. MR. G.P.REDDY ALIAS GODI PITCHI REDDY AGED ABOUT56YEARS M/S. LORVEN PROJECTS LTD. HAVING ITS REGISTERED OFFICE AT NO.1291 ROAD NO.65, JUBILEE HILLS HYDERABAD 500 034 M.F.A.NO.1440/2014 -2- S/O G.CHINNAPPA REDDY MANAGING DIRECTOR M/S LORVEN PROJECTS LTD. AT NO.1291, ROAD NO.65 JUBILEE HILLS HYDERABAD 500 034 (BY SRI H.MALLANG...

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Jun 12 2017

Ashwath and Others Vs. The State Through Aland Police Station, Represe ...

Court: Karnataka Kalaburagi

Decided on: Jun-12-2017

(Prayer: This Criminal Petition is filed under Section 482 of Cr.P.C., praying allow the petition and to set aside the order dated 20.1.2017 for taking cognizance for the offences punishable under Sec. 295-A R/w 149 of IPC and under Section 66 of the Information Technology Act and quash FIR, complaint and entire charge sheet pending against the petitioners on the file of Prl. Civil Judge and JMFC, Aland in C.C.No.7/2017.) 1. The present petition has been filed by petitioners- Accused Nos.1 to 3 and 5 under Sec.482 of Cr.P.C, praying to quash the proceedings in C.C.No.7/2017 pending on the file of Prl. Civil Judge and JMFC, Aland for the offences punishable under Sections 295-A r/w Sec. 149 of IPC and Sec.66 of Information and Technology Act, 2000. 2. The facts leading to the case are that; the respondents police have filed a complaint alleging that on 4.7.2016 at about 4:30 PM when he was in the police station, one Mois Karbari and Firdosh Ansari along with 500-600 Muslim caste people ...

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Jun 09 2017

Nagappa @ Nagaraj Vs. The State of Karnataka, By its Shorapur P.S., Re ...

Court: Karnataka Kalaburagi

Decided on: Jun-09-2017

(Prayer: This Criminal Petition is filed under Sections 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.8/2017 of Shorapur Police Station, Yadgir, which is registered for the offences punishable under Sections 366(A), 376, 511 of IPC and also Section 8 of Protection of Children from Sexual Offences Act, 2012.) 1. This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking regular bail in Crime No.8/2017 of Surpur Police Station, Yadgir, registered for the offences punishable under Sections 366(A), 376, 511 and also for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2. Brief facts leading to filing of the complaint are that, on 09.01.2017 at about 10.00 a.m., the complainant/victim girl was proceeding to school by walk and when she came near Bsavanna Temple, the petitioner came on a motorcycle bearing registration No.KA-33-9002 and informed her that her father had a snake bite and made ...

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Jun 06 2017

N. Puttaswamy @ Auto Puttaswamy and Another Vs. State of Karnataka by ...

Court: Karnataka

Decided on: Jun-06-2017

(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the Petitioners on Bail in Cr.No.18/2017 (C.C.No.818/2017) of Saraswathipuram Police Station, Mysuru for the offences P/U/S 302 and 201 R/W 34 of IPC.) 1. Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent-State. 2. I.A.1/17 filed on behalf of the brother of the victim of the incident seeking permission under Section 301(2) r/w section 482 of Cr.P.C. is disposed of since disposal of the bail petition does not warrant external assistance. 3. Petitioners (A-2 and A-3) along with three others are charge sheeted by the respondent-police in their Cr.No.18/17 in respect of the offences punishable under sections 302, 201 r/w section 34 of IPC. 4. The allegation of the prosecution is, the deceased Srinath had questioned the legality of the construction put up by the 1st accused. A-2 and A-3 are his aides. A-4 works as ...

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Jun 06 2017

The National Highways Authority of India, Vs. Mahadev W/O Gurayya Hire ...

Court: Karnataka Dharwad

Decided on: Jun-06-2017

1 Date of Judgment:06. 06.2017 MFA No.25323/2012 The NHAI Vs. Mahadevi G. Hiremath and others R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE06H DAY OF JUNE2017PRESENT THE HONBLE DR. JUSTICE VINEET KOTHARI AND THE HONBLE DR. JUSTICE H. B. PRABHAKARA SASTRY MISCELLANEOUS FIRST APPEAL No.25323 OF2012[AA]. BETWEEN: THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, 2ND CROSS, SATTUR COLONY, VIDYAGIRI, DHARWAD, REPRESENTED BY ITS GENERAL MANAGER, (TECH) AND PROJECT DIRECTOR, SAMUNDRA SINGH, NHAI, DHARWAD. ... APPELLANT (By Smt. P.R. BENTUR, ADV.) AND:1. SMT.MAHADEVI W/O GURAYYA HIREMATH, AGE:41. YEARS, OCC: AGRICULTURIST, R/O: VARUR VILLAGE, TQ: HUBLI, DISTRICT: DHARWAD & OTHERS.2. SRI. CHARANTAYYA S/O SHEKARAYYA HIREMATH, AGE:41. YEARS, OCC: AGRICULTURIST, R/O: VARUR VILLAGE, TQ: HUBLI, 2 Date of Judgment:06. 06.2017 MFA No.25323/2012 The NHAI Vs. Mahadevi G. Hiremath and others DIST: DHARWAD.3. CHENNAYYA S/O SHEKARAYYA HIREMATH, AGE:39. YEARS, OCC: AGRIC...

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Jun 05 2017

D. Gundappa Vs. State of Karnataka, By Anekal Police, Bangalore and An ...

Court: Karnataka

Decided on: Jun-05-2017

(Prayer: This Crl.P. is filed U/S.482 Cr.P.C., praying to quash the Order Dated 24.03.2016 passed by the Prl. Civil Judge (Jr.Dn) and JMFC Court, Anekal in C.C.No.438/2016 and quash the Order Dated 30.06.2016 passed by the III Addl. Dist. and S.J., Bangalore Rural District Sitting at Anekal in Crl.R.P.5005/2016 and allow the Petition by Granting Bail to the Petr. In Cr.No.343/2015 of Anekal Police Station, Bangalore Rural District etc. This Criminal Petition having been Heard and Reserved for Orders on 12.04.2017, coming on for Pronouncement of Order this Day, John Michael Cunha J., made the following:) John Michael Cunha, J. 1. Petitioner is aggrieved by the order dated 24.3.2016 passed by the Principal Civil Judge and JMFC, Anekal, in C.C.No.438/2016 and the order of the III Addl. Dist. and Sessions Judge, Bengaluru Rural District, sitting at Anekal, dated 30.6.2016 in Crl.R.P.5005/2016 whereby both the courts have rejected the application filed by the petitioner under section 309(2)...

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Jun 05 2017

K. Shivalinga and Another Vs. Joaquim Paries and Another

Court: Karnataka

Decided on: Jun-05-2017

(Prayer: This M.F.A. is filed under Section 173(1) of MV Act against the Judgment and Award Dated: 28.01.2009 passed in MVC No.1026/2002 on the file of II Additional District Judge and Member, MACT-III, Dakshina Kannada, Mangalore, awarding a Compensation of Rs.1,29,164/- with Interest @ 6% P.A. from the date of Petition Till Realisation. This M.F.A. is filed under Section 173(1) of MV Act against the Judgment and Award Dated: 28.01.2009 passed in MVC No.1026/2002 on the file of II Additional District Judge and Member, MACT-III, Dakshina Kannada, Mangalore, partly allowing the Claim Petition for Compensation and seeking Enhancement of Compensation.) 1. The judgment and award dated 28.1.2009 passed in M.V.C.No.1026/2002 by the II Additional District Judge, Member, MACT-III, Dakshina Kannada, Mangalore ('the Tribunal' for brevity), is under challenge in both the appeals. While the claimant is seeking to enhance the compensation amount in M.F.A.No.2080/2009, the owner of the vehicle/appel...

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Jun 05 2017

MES No. 600051. B.D. Kadam A.E.(E/M) and Others Vs. The Union of India ...

Court: Karnataka

Decided on: Jun-05-2017

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the Common Order Dtd.10.3.2016 passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru in O.A.Nos.1086-1091 of 2014 and 897-905 of 2015 at Annex-F to the extent of its refusal to set aside Para-9 of the MACPS O.M. Dated.19.5.2009 and to quash the Common Order Dtd.10.3.2016 passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru in O.A.Nos.1086-1091 of 2014 and 897-905 of 2015 at Annex-F, to the extent of making the II-ACP benefits entitled by the petitioners available to them only after the matter attains finality in some unknown future in the hands of the High Court of Madras and Punjab and Haryana High Court and etc. These Writ Petitions having been heard and reserved for Orders on 11.04.2017, coming on for Pronouncement of Order this Day, John Michael Cunha J., made the following:) 1. Whether the applicability of the Modified Assured Ca...

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