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Judgment Search Results Home > Cases Phrase: mediation Court: karnataka Year: 2005 Page 7 of about 95 results (0.009 seconds)

Mar 31 2005 (HC)

Mahantesh Vs. the State of Karnataka

Court : Karnataka

Decided on : Mar-31-2005

Reported in : ILR2005KAR4061; 2006(2)KarLJ598

s.r. bannurmath, j.1. being aggrieved by the judgment of conviction dated 4.4.2002 passed by the learned sessions judge, belgaum, in sessions case no. 97/2000 finding the accused guilty of the offences punishable under section 302 ipc and sentencing him to imprisonment for life, the present appeal is filed.2. the brief facts giving rise to the present case as per the prosecution are as follows:-the deceased bharathi daughter of pw-1 thangawwa originally resident of hulikavi village was married to accused about seven years prior to her death on 18.11.1999. according to the prosecution after the marriage, the accused who hails from muthwad village in saundatti taluk came to eke his livelihood and settled in the janatha plot houses at hirebagewadi. according to the prosecution, in spite of seven years of marriage the deceased did not get any children and angered by the same, the accused used to assault her, treating cruelly especially while in drunken condition. it is alleged that in spite of advice from the mother and others, the accused did not mend his ways. the ultimate result of this was brutal murder of bharathi in the afternoon of 18.11.1999 in her house itself.as per the prosecution, pw-3 kasturi and her husband pw-9 suresh were the neighbours of the accused and the deceased and his mother p w-10 along with another pw-4 roshan. it is alleged in the afternoon about 1 p.m. the neighbours heard the quarrelling and shouting as well as cry of woman from the house of the .....

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Jul 01 2005 (HC)

B.N. Vijayakumar and ors. Vs. State of Karnataka by Dsp, Cod

Court : Karnataka

Decided on : Jul-01-2005

Reported in : I(2006)DMC365; ILR2005KAR4690; 2006(5)KarLJ16

s.r. bannurmath, j.1. aggrieved by the judgment of conviction and sentence dated 28th december 2001 passed by the learned sessions judge, mysore in s.c. no. 255/1996 holding the accused no. 1 and 2 guilty of the offences under sections 498-a, 304-b ipc and sections 3, 4 and 6 of the dowry prohibition act as well as holding the accused no. 3 only guilty of the offence under section 498-a ipc, the present two appeals are filed.2. criminal appeal no. 64/2002 is filed by the accused no. 1 and 2. criminal appeal no. 63/2005 is filed by the accused no. 3 separately. since the common judgment and evidence in common is required to be considered or appreciated in both these appeals and counsel for the accused being common, we have taken up both the appeals together for consideration and dispose of the same by this common judgment.3. this is yet another case of two young lives sacrificed and nipped at bud for the demonic culture of demand of dowry and resultant in cruelty and harassment in our society.4. the brief facts leading the present case are as follows:the deceased vanitha an young girl of 26 years, who was of marriageable age, was proposed for the alliance with accused no. 1 b.n. vijayakumar, son of accused no. 2 and 3, narayana gowda and laxmamma. as the bride's mother and other relatives were informed that accused no. 1 is a m b a graduate and he is going to get shortly a job in customs department, attracted by the same and for the welfare of the deceased vanitha, marriage .....

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Sep 15 2005 (HC)

Tippanna Vs. Jalal Sab and anr.

Court : Karnataka

Decided on : Sep-15-2005

Reported in : AIR2006Kant1; ILR2005KAR6011; 2005(6)KarLJ100

v.g. sabhahit, j.1. this appeal by the second plaintiff is directed against the judgment and decree; passed by the court of civil judge (senior division), yadgir, in r.a. no. 69 of 1997, dated 7-3-2003 reversing the judgment and decree passed by the court of civil judge (junior division), shahapur in o.s. no. 1.26 of 1989, dated 30-8-1997 and dismissing the suit of the second plaintiff2. the essential facts of the case leading upto this appeal with reference to the rank of the parties before the trial court are as follows.--plaintiffs 1 and 2 filed the suit o.s. no. 26 of 1988 later numbered as o.s. no 126 of 1989 on the file of the civil judge (junior division), yadgir seeking for a judgment and decree declaring that plaintiffs are the owners of the suit schedule land and for possession of the suit schedule property by dispossessing the defendants and for mesne profits and costs.3. it is averred in the plaint that plaintiff 1 is the absolute owner in possession of the land shown in the schedule which she inherited after the death of her father. the property is inherited from maternal side by plaintiff 1. plaintiff 1 is aged and blind and taking the support of her husband's brother thippanna-plaintiff 2 in managing the properties of the plaintiffs plaintiff 1 has also bequeathed the suit land in favour of plaintiff 2 by executing a will dated 23-10-1973. plaintiff 2 is the member of the family of plaintiff 1. defendants 1 and 2 are the sahukars of the village. plaintiff 1 has .....

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Sep 20 2005 (HC)

Cref Finance Limited Vs. Sri Shanthi Homes Private Ltd. Company and or ...

Court : Karnataka

Decided on : Sep-20-2005

Reported in : AIR2006Kant54; ILR2006KAR528; 2006(5)KarLJ69

orderajit j. gunjal, j.1. the petitioner is the plaintiff and respondents 1 to 3 are defendants 1 to 3 in o.s. no. 15045/2001. the said suit is filed to recover a sum of rs. 19,33,74,411/- jointly and severally from respondents and others along with interest at the rate of 30% p.a. and all other consequential reliefs. suffice it to say that the proceedings had a checkered career.2. the facts giving rise to the present proceedings could be summarised as follows:in terms of certain memorandum of understanding dated 29.9.1995, the petitioner had paid a sum of rs. 3.52 crores to the 1st respondent and an additional sum of rs. 2.88 crores to the 3rd respondent in all aggregating to rs. 6.40 crores. in terms of the said agreement between the parties, the respondents were not in a position to develop the immovable properties agreed to be sold under the said memorandum of understanding the respondents who are the defendants would refund the said amount paid by the petitioners together with interest. since the said amount was not paid by the respondents, the present suit is filed for recovery of the said amount which in inclusive of interest. it appears certain correspondence has taken place between the parties in respect of the dispute and there appears to be a certain confirmation letter stated to have been written by one of the defendants confirming a sum of rs. 920 lakhs, which according to the petitioner is the principle amount claimed in the suit which in inclusive of the .....

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Apr 15 2005 (HC)

The Registrar General Vs. Sri Gundu Rao and ors.

Court : Karnataka

Decided on : Apr-15-2005

Reported in : 2005CriLJ3463; ILR2005KAR1990; 2005(4)KarLJ593

orderashok b. hinchigeri, j.1. this contempt proceedings are initiated by this court on its own motion. the petition is presented under article 215 of the constitution of india read with section 15(1) of the contempt of courts act, 1971. the subject matter of the complaint is that the accused have fabricated an interim order alleged to have been issued by this court in w.a.no. 6282/2002 and produced the same in the proceedings before the land tribunal, belthangadi.2. the brief facts of the case are that the accused no. 1 had a small piece of agricultural land for which a person claiming himself to be a tenant sought for occupancy rights. the accused filed w.p.no. 40893/2002 (lr) challenging the order dated 15-7-97 passed by the land tribunal, belthangadi. this writ petition was dismissed by the learned single judge on 13-11-2002. that order was challenged in w.a.no. 6282/2002. the appeal papers were returned on 22-1-2003 to the advocate for the appellant (the accused no. 1 herein) for complying with the office objections. the papers were re-filed on 17-2-2003.3. meanwhile, the accused no. 1 produced a fabricated interim order dated 5-12-2002 purported to have been passed by the division bench of this court in w.a.no. 6282/2002. this production of the order was on 4-1-2003 in the office of the tahsildar-cum-secretary of the land tribunal, belthangadi. as the tahsildar did not find the seal of this court on the fabricated interim order and some of the writings were by hand, the .....

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Apr 06 2005 (HC)

Bhaskar Rao and ors. Vs. L. Kamalamma and ors.

Court : Karnataka

Decided on : Apr-06-2005

Reported in : ILR2005KAR2129; 2005(4)KarLJ66

orderhuluvadi g. ramesh, j.1. these petitions are filed under section. 482, cr.p.c. being aggrieved by the order of issue of process by the iii addl. city cmm, bangalore in cc 6843/2001 by order dated 7.7.2001 for the offence under section 306, ipc.2. one r.k. shivakumar had filed a complaint against the petitioners herein and one more person alleging offence under section 306, ipc that r.k. girish kumar, brother of the complainant was working at bangalore dairy and that he was subjected to mental cruelty and harassment. being unable to tolerate, on 12.6.1992, the said girish kumar committed suicide by setting fire to himself. later he was shifted to victoria hospital on the same day. while on the way to the hospital, he is said to have informed the complainant that the accused persons, who are employees of bangalore dairy, were harassing him and ill-treating him and as such, he himself set fire and committed suicide. the said girish kumar was a trade union member and was playing an active role in the activities of the milk dairy union. stating that the accused persons were harassing and ill-treating girish kumar, his brother - complainant filed a complaint. the vijayanagar police, after investigation, filed b report and the same has been challenged by the complainant before the court below and after taking cognizance of the offence and recording sworn statement of the complainant and other witnesses who are members of the trade union, the court below stating that there is a .....

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Sep 02 2005 (HC)

Rama Nagappa Mahar @ Kamble Vs. Nagappa Mallappa Mahar @ Kamble and or ...

Court : Karnataka

Decided on : Sep-02-2005

Reported in : AIR2006Kant31; ILR2005KAR5386

v.g. sabhahit, j.1. this appeal by the first defendant is directed against the judgment and decree passed by the learned ii additional district judge, belgaum, in r.a. no. 21/99 dated 17.6.2003, confirming the judgment and decree passed by the learned i additional civil judge (sr. dn), belgaum, in o.s. no. 76/1987 dated 6.4.1999, decreeing the suit of the plaintiffs in part for partition and separate possession of their half share in the schedule i-a and schedule-11 properties.2. the essential facts of the case leading up to this appeal with reference to the rank of the parties before the trial court are as follows :the plaintiffs filed a suit o.s. no. 76/87 seeking for partition and separate possession of their half share in the suit schedule properties by metes and bounds. schedule i consists of two portions, schedule i-a comprises of 4 items of agricultural lands and schedule 1-b comprises of tenanted lands and schedule ii consists of three household properties and two open sites as described in the schedule. it is the case of the plaintiffs that one nagappa, the propositor of the family had three sons viz., kallappa, rama (defendant no. 1) and mallappa. plaintiffs 1 to 3 are the sons and plaintiff 4 is the wife of mallappa. it is averred that nagappa died about 50 to 60 years next before filing of the suit. kallappa was given in adoption to one nagawwa, w/o. omya mahar in the year 1923. mallappa died on 8.12.1960 leaving behind the plaintiffs i.e., his sons and wife as .....

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Nov 07 2005 (HC)

Smt. Radhamma and ors. Vs. H.N. Muddukrishna and ors.

Court : Karnataka

Decided on : Nov-07-2005

Reported in : AIR2006Kant68; 2006(1)KarLJ176

manjula chellur, j.1. heard the learned counsels on either side.2. the appellants in r.f.a. no. 347 of 1998 are none other than the plaintiffs and the appellants in r.f.a. no. 922 of 2001 are the defendants before the trial court in o.s. no. 9 of 1976. the plaintiffs sought for 1/10th share in all properties described in the schedule to the plaint as 'a' to 'h'. the learned trial judge, decreed the suit declaring that second plaintiff is entitled for l/10th share in the plaint 'a' to 'e' schedule property and she is entitled for partition and separate possession of that share in the said property. so far as property 'h schedule is concerned it was declared as the exclusive property of smt. k.c. saroja. 'f' and 'g' schedule properties are concerned, the trial judge held them also against the plaintiffs.3. the brief facts that led to the filing of the suit by the plaintiffs are is under:plaintiff 1-smt. hanumakka is the second wife of late patel hanume gowda and second plaintiff is the daughter of late patel hanume gowda. first defendant mr. narasimhaiah and defendants 2 and 3, smt. muddamma and lakshmamma are the daughters of late hanume gowda though his first wife. smt. k.c. saroja is the wife of muddukrishna s/o. mr. narasimhaiah. defendant 5(c) is the wife of narasimhaiah and other defendants 5(a), 5(b) and 5(g) are the children of late narasimhaiah.4. it is the case of the plaintiffs that late mr. patel hanume gowda was owning several moveable and immovable properties .....

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Dec 22 2005 (HC)

Talaguppa Plywood Products (P) Limited Vs. the Employees Provident Fun ...

Court : Karnataka

Decided on : Dec-22-2005

Reported in : [2006(109)FLR209]; ILR2006KAR1179; (2006)IILLJ593Kant

orderb.s. patil, j.1. in this writ petition, the petitioner is calling in question the order dated 12-7-2005 passed by the employees provident funds appellate tribunal directing the petitioner to deposit 50% of the amount determined by the regional provident fund commissioner towards the damages awarded pending disposal of the appeal.2. the regional provident fund commissioner-ii, sub-regional office, hubli, by order dated 3-6-2004 directed that for the period from april 1994 to february 2002, the petitioner herein shall pay a sum of rs. 28,60,448/ towards damages payable for non-payment of contribution to the employees provident fund accounts within time. the regional provident fund commissioner has further directed that the amount of damages shall be paid by the employer into the respective employees provident fund account maintained at the state bank of india within 15 days of the date of receipt of the order failing which action shall be taken under section 8b to 8g of the employees' provident fund account and miscellaneous provisions act, 1952, (for short 'the act') to recover the amount without further notice. this order came to be challenged by the petitioner before the tribunal. along with the appeal memo, the petitioner filed an application seeking interim stay of the order passed by the regional provident fund commissioner. the tribunal has passed the impugned order admitting the appeals for hearing and directing notice to the respondent but refusing to stay the .....

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Dec 22 2005 (HC)

Dilip Kumar Alias Srinivas and anr. Vs. Damodar Narayanrao Rammangudka ...

Court : Karnataka

Decided on : Dec-22-2005

v.g. sabhabhit, j.1. this appeal by defendants 1 to 7 is directed against the judgment and decree passed by the court of the dist. judge, gulbarga in r.a. no. 17/01 dated 30-6-2003 dismissing the appeal and cross-objections preferred by the defendant no. 2 and confirming the judgment and decree passed by the court of the addl. civil judge (sr. dn.), gulbarga, in o.s. no. 203/ 1995 dated 10-8-2001 wherein the suit of the plaintiff is partly decreed by holding that the plaintiff is entitled to partition and separate possession of 1/12th share in the suit schedule house bearing 1-3-185 situated at chincholi and in suit lands measuring 21 acres 11 guntas both situated at doulatpur village in chincholi taluk and dismissing the suit of the plaintiff for partition and separate possession in respect of the suit land in sy. no. 125 measuring 4 acres 27 guntas and for the relief of future mesne profits of the suit properties and further ordering that defendants 2 to 5 are also entitled to partition and separate possession of their 1/12th share each in the house property and the suit lands in sy. nos. 18 and 19 of doulatpur village.2. the essential facts of the case leading up to the filing of this appeal with reference to the rank of the parties before the trial court are as follows:the plaintiff filed o.s. 203/95 on the file of the addl. civil judge (sr. dn.), gulbarga, seeking for partition and separate possession of his 1/9th share in the suit schedule properties by metes and bounds .....

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