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Karnataka Gulbarga Court February 2012 Judgments

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Feb 16 2012

Authorized Officer Karnataka Bank Ltd. Vs. M/S. Bharat Engineering Com ...

Court: Karnataka Gulbarga

Decided on: Feb-16-2012

(Prayer: This Writ Appeal Is Filed Under Secion 4 of The Karnataka High Court Act, Praying To Set Aside The Impugned Order Passed By The Learned Single Judge Of This Court In W.P.NO.80720/2010 On 8.7.2010 And Any Other Relief Which The Appellant Found May Kindly Be Granted.) H.G. Ramesh, J. Oral: 1. By consent of the learned Counsel on both sides, the appeal is heard on merits and is being disposed of by this judgment. This appeal is by the Karnataka Bank Ltd. and is directed against the order dated 8th July 2010, passed by a learned Single Judge of this Court allowing writ petition No.80720/2010 filed by respondent No.1 borrower. 2. Facts in brief: Respondent No.1 had availed a loan of Rs.30,00,000/- from the appellant Bank. Demanding repayment of the said loan, the Bank had issued a notice under section 13(2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, ('the Act' for short). Since respondent No.1 did not comply with the ...


Feb 10 2012

Hullappa Vs. the State of Karnataka and Others

Court: Karnataka Gulbarga

Decided on: Feb-10-2012

(Prayer: This RFA is filed under Section 96 of CPC against the judgment and Decree dated 24-07-2006 passed in OS. No. 242/1999 on the file of the Prl. Civil Judge (Sr.Dn.,) Bidar, Partly Decreeing the Suit for declaration.) 1. The plaintiff has preferred this appeal against that portion of the decree passed by the trial Court, declining to grant mandatory injunction. 2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit. 3. The subject matter of the suit is land bearing Sy.No.29/2 totally measuring 5 acres 5 guntas out of which to the extent of 2 acres is acquired by the Government through defendants for construction of perculation tank at village Karanji, Taluka Aurad, District Bidar in the year 1997-98. 4. The case of the plaintiff is that defendants are Public Officers. It was their bounden duty to initiate acquisition proceedings under the Land Acquisition Act in respect of the private property, which is required for public purp...


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