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Karnataka Court July 2017 Judgments

Jul 27 2017

P. Sethumadhavan Vs. Shankar Reddy

Court: Karnataka

Decided on: Jul-27-2017

(Prayer: This Criminal Revision Petition is filed under Section 397 and 401 of Cr.P.C., praying to set aside the Order Dt.28.7.2010 passed by the P.O., FTC-IX, Bangalore in Crl.A.805/2008 and confirming the Order Dt.11.09.2008 passed by the I/C Of XX ACMM and XXII ASCJ, Bangalore in C.C.No.8439/2004, to acquitted the petitioner for the offence P/U/S 138 of N.I. Act.) 1. The petitioner is challenging the order of the court below whereby he was convicted of the offence under Section 138 of the Negotiable Instruments Act and his conviction was upheld by the Appellate Court. 2. The parties will be referred to as per their original status before the Trial Court. 3. To put the facts into a nutshell, the complainant filed a private complaint under Section 200 of Cr.P.C. alleging that he entered into an agreement with the accused on 20.5.2002 to purchase 50 sites. The accused requested for Rs.4,50,000/- to complete the sale transaction with assurance to return the amount within one month after...

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Jul 27 2017

Kailash BDA Apartment, Wners Welfare Association (Regd.) Represented b ...

Court: Karnataka

Decided on: Jul-27-2017

(Prayer: These Writ Appeals are filed U/S 4 of the Karnataka High Court Act praying to set aside the Order passed in the Writ Petition Nos.65343-344/2016 Dated 20/04/2017.) 1. The writ petitioners are the appellants before us. They purchased flats from the Bengaluru Development Authority (for short 'BDA'), pursuant to an advertisement issued on March 14, 2013. 2. BDA constructed certain affordable housing flats and, thereafter, allotted the flats on the basis of the applications received from the allottees. In the advertisement, it was categorically stated that after the allotment, the available parking space will be allotted among the allottees only through auction. The auction notice with regard to the parking space was issued on November 18, 2016. That was challenged by filing the writ petitions. 3. The contention of the writ petitioners was that as the proportionate area of the land was conveyed to the writ petitioners at the time of execution of the sale deeds and as the car parki...

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Jul 27 2017

The New India Assurance Co Ltd Vs. Smt Smita W/O Chandrakant Belvi

Court: Karnataka Dharwad

Decided on: Jul-27-2017

MFA No.20596/2009 (MV) :1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE27H DAY OF JULY, 2017 BEFORE THE HONBLE DR.JUSTICE H.B.PRABHAKARA SASTRY MFA No.20596/2009 (MV) BETWEEN: THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE:1. T FLOOR, BALKRISHNA COMPLEX, SHIVAJI ROAD, MIRAJ, AT POST: MIRAJ, DIST: SANGLI, THROUGH DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, CLUB ROAD, BELGAUM, BY ITS REGIONAL OFFICE, 2-B, UNITY BUILDING ANNEXE, P.KALINGA RAO ROAD (MISSION ROAD), BANGALORE-560 027. REP.BY ITS REGIONAL MANAGER. (BY SRI.RAVI G.SABHAHIT, ADV.) ... APPELLANT SMT.SMITA W/O CHANDRAKANT BELVI, AGE:32. YEARS, OCC: HOUSEHOLD WORK, R/O ANANTAPUR, TAL: ATHANI, DIST: BELGAUM. AND:1. 2.3. KUMAR. VISHAL S/O CHANDRAKANT BELVI, AGE:10. YEARS, OCC: NIL, R/O ANANTPUR, TAL: ATHANI, DIST: BELGAUM. KUMAR. SUNIL S/O CHANDRAKANT BELVI, AGE:8. YEARS, OCC: NIL, R/O ANANTPUR, TAL: ATHANI, DIST: BELGAUM. MFA No.20596/2009 (MV) :2. : SRI.SADASHIV BABU BELVI, AGE:69. YE...

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Jul 27 2017

The Registrar General Vs. Doddahanuma S/O Venkatappa

Court: Karnataka

Decided on: Jul-27-2017

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE27H DAY OF JULY, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HONBLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL REFERRED CASE NO.7 OF2010C/W CRIMINAL APPEAL NO.1289 OF2010CRIMINAL APPEAL NO.810 OF2011C/W CRL.RC.NO.7 OF2010 BETWEEN: THE REGISTRAR GENERAL HIGH COURT OF KARNATAKA, BENGALURU 560 001. ... PETITIONER (BY SRI H.N.NILOGAL, SPL.PP) AND:1. DODDAHANUMA S/O VENKATAPPA NOW AGED ABOUT39YEARS, DANDUPALYA, HOSAKOTE TALUK, BENGALURU. 2 2. VENKATESH @ CHANDRA S/O VENKATASWAMY, NOW AGED ABOUT45YEARS, DINNURU COLONY, KADUGODY, BENGALURU RURAL.3. MUNIKRISHNA @ KRISHNA S/O VENKATASWAMY, NOW AGED ABOUT34YEARS, DINNUR COLONY, KADUGODY, BENGALURU RURAL.4. NALLATHIMMA @ THIMMA S/O GURU BOVI, R/O CHENNEHALLI, MUTHUR POST, PIRIYAPATTANA TALUK, MYSURU DISTRICT, NOW AGED ABOUT34YEARS, DINNUR COLONY KADUGODY, BENGALURU RURAL.5. LAKSHMAMMA @ LAKSHMI W/O DODDAHANUMA, NOW AGED ABOUT39YEARS, DANDUPALYA VILLAGE, HOSAKOTE TALUK, BENGALURU. ......

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Jul 26 2017

Tahira Rehman and Another Vs. M/s. Manipal Sowbhagya Nidhi Ltd., Repre ...

Court: Karnataka

Decided on: Jul-26-2017

(Prayer: This RFA under Section 96 read with O-XLI, Rule-1 of CPC., against the Judgment and Decree Dated 13.12.2010 passed in O.S.No.88/2001 on the file of I-Addl. Senior Civil Judge and CJM., Mangalore, decreeing the suit for the Recovery of Money.) S. Sujatha, J. 1. This appeal is directed against the Judgment and decree passed by the I-Additional Senior Civil Judge, Mangalore ('Trial Court' for short) in O.S.No.88/2001. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 3. Facts in brief are: The plaintiff filed a suit in O.S.No.88/2001 before the trial Court against the defendants for recovery of a sum of Rs.68,06,495/- contending that the first and second defendants borrowed a sum of Rs.50,00,000/- at their Mangalore branch on 08.10.1996 by executing 'on demand promissory note' promising to repay the said loan with interest at 26.5% per annum compounded monthly; that the defendant Nos.3 to 7 stood as guarantors and executed le...

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Jul 26 2017

N. Rajanna and Others Vs. Narayana Hedge, Manager, The Management of R ...

Court: Karnataka

Decided on: Jul-26-2017

(Prayer: These CCCS are filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, praying to initiate contempt proceedings against the accused for having not complied with the time bound directions issued by this Hon'ble Court in Writ Petition No.33337/16 C/W Nos.33306/2016, Writ Petition Nos.33309 to 33336/2016, W.P.No.33338 to 33354/2016 Order Dated 21.09.2016 Vide Annexure-A.) Jayant Patel, J. 1. The basis for the present cases under the Contempt of Courts Act is the alleged breach and non-compliance to the Order dated 21.09.2016 in Writ Petition Nos.33337/2016 and connected matters, so far as it relates to payment of 50% back wages to the Complainants herein. 2. We have heard Mr. Mukkannappa S.B., learned Counsel appearing for the Complainants and Mr. H.C.Shivaramu, learned Counsel appearing for the Accused. 3. We may, at the outset, record that when this matter was heard earlier on 12.06.2017, the following order was passed: "Pursuant to the earlier order passed by this ...

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Jul 26 2017

M.R. Govindareddy Vs. The State of Karnataka, Rep. by its State

Court: Karnataka

Decided on: Jul-26-2017

(Prayer: This Crl.RP is filed u/s.397 r/w 401 Cr.P.C praying to set aside the Judgment and Order Dt.5.6.10 passed by the ADHOC S.J. FTC-II, Chintamani in CRL.A.24/09 confirming the Judgment and Order Dt.7.7.09 passed by the PRL. C.J. (JR.DN.) and JMFC., Chintamani in C.C.No.50/07 and acquit the Accused/Petitioner.) 1. This revision petition is preferred assailing the judgment of conviction dated 7.7.2009 passed by the Prl. Civil Judge (Jr.Dn.) and JMFC, Chintamani, in C.C.No.50/2007 whereby the revision petitioner is convicted for the offences under Sections 465, 468, 471 and 420 of IPC. The said judgment is upheld in appeal. 2. For further discussion, the parties will be referred to as per their status before the Trial Court. 3. Briefly stated, the accused was charge sheeted by the respondent-Investigating Officer in respect of the offences under Sections 465, 468, 471 and 420 of IPC. 4. The allegation was, the accused applied for I year D.Pharma course in Niveditha College of Pharmac...

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Jul 26 2017

Satish Hegde Vs. State of Karnataka

Court: Karnataka

Decided on: Jul-26-2017

WP.25982/2017 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF JULY, 2017 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.No.25982/2017 (KLR-RES) BETWEEN SATISH HEGDE, S/O RAGHAVA HEGDE, AGED ABOUT50YEARS, R/AT NO2 SIGNATURE APARTMENT, RMV II STAGE, BHOOPSANDRA, BANGALORE 560094. ... PETITIONER (By Sri JAYAKUMAR S.PATIL, SR.COUNSEL FOR Sri BIPIN HEGDE, ADV.) AND1 STATE OF KARNATAKA, REVENUE DEPARTMENT, REP BY ITS SECRETARY M.S.BUILDING, AMBEDKAR VEEDHI, BANGALORE 560001. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT VISHWESWARAIAH TOWER BANGALORE 560001.2.3. THE TASHILDAR DEVANAHALLI TALUK 562110. ... RESPONDENTS (By Smt.PRAMODINI KISHAN, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE OFFICE OF THE R2 AND THE R3 WHICH RESULTED IN PASSING THE IMPUGNED ORDER VIDE ANNEXURE- WP.25982/2017 2 T AND TO QUASH THE ORDER DTD:20.5.2017 IN REV PETITION NO.127/2013-14 WHICH IS PRODUCED HEREWITH AS ANNEX...

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Jul 26 2017

Mrs Tahira Rehman, Vs. M/S Manipal Sowbhagya Nidhi Ltd.,

Court: Karnataka

Decided on: Jul-26-2017

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF JULY2017PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MRS.JUSTICE S.SUJATHA R.F.A.No.392/2011 BETWEEN : MRS.TAHIRA REHMAN AGED52YEARS W/O ABDUL REHMAN R/AT KHADEEJA S.L.MATHIAS ROAD, FALNIR MANGALORE, D.K. DISTRICT.1.2. (BY SRI.P.P.HEGDE, ADVOCATE) AND: MRS.TASNEEM AGED37YEARS W/O ABDUL SHAFEEQ R/AT KHADEEJA S.L.MATHIAS ROAD, FALNIR MANGALORE, D.K.DISTRICT. APPELLANTS1 2. M/S. MANIPAL SOWBHAGYA NIDHI LTD., - INCORPORATED UNDER INDIAN COMPANIES ACT HAVING ITS REGISTERED OFFICE AT MANIPAL AND BRANCH AMONG OTHERS AT MANGALORE REPRESENTED BY ITS REGIONAL MANAGER AND P.A. HOLDER SRI.RATHANKUMAR.K.A. MR.N.ABDUL SALAM ADULT3 4.5.6. 2 S/O M.M.ABDUL KHADER PARTNER: M/S.REGENCY BUILDERS R/AT NEAR K.M.C. MENS HOSTEL ATTAVAR NEW ROAD, KAPRIGUDDA MANGALORE-575001. MRS.NAFEESA W/O SALEEM, ADULT MRS.A.FOUZIA W/O SAIFUDDEEN, ADULT MR.A.S.KAUSAR S/O N.A.ABDUL SALAM AGED37YEARS Nos.3 TO5ARE PARTNERS OF M/S. REGENCY BUILD...

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Jul 24 2017

Oriental Insurance Co Ltd Vs. Smt Indrawwa

Court: Karnataka Dharwad

Decided on: Jul-24-2017

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE24H DAY OF JULY, 2017 BEFORE THE HONBLE MR.JUSTICE K.SOMASHEKAR MFA NO.20075/2009 (MV) ... APPELLANT BETWEEN ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, SHANBHOG CHAMBERS KIRLOSKAR ROAD, BELGAUM. REP. BY SR. DIVISIONAL BY ITS MANAGER, DIVISIONAL OFFICE, HUBLI. (BY SRI. G N RAICHUR, ADV.) AND1 SMT INDRAWWA W/O GURUPADAPPA NESUR AGED40YEARS, OCC HOUSE HOLD WORK2 MASTER VITHAL S/O. GURUPADAPPA NESURE, AGED17YEARS3 MASTER MALLIKARJUN S/O. GURUPADAPPA NESURE, AGED14YEARS4 MASTER RAMESH S/O. GURUPADAPPA NESURE, AGED12YEARS KUMARI DANAMMA5 6. :2. : D/O. GURUPADAPPA NESURE, AGED10YEARS RESPONDENT NOS.2 TO5ARE MINORS BY THEIR M/G1T RESPONDENT ALL ARE R/O. HALLUR, GOKAK TALUK, BELAGAVI DIST. DEVENDRALAXMAN HELAVI MAJOR, R/O MANTOOR RAIBAG TQ, BELGAUM DIST ... RESPONDENTS (BY SRI. SANJAY S KATAGERI, ADV. FOR R1 TO R5, R6 SERVED) THIS MFA IS FILED UNDER SECTION1731) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED0706.2008 PASSED...

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