Karnataka Court November 2014 Judgments
M/s. Kanoria Industries Limited Vs. Hubli Electricity Supply Company L ...
Court: Karnataka Dharwad
Decided on: Nov-26-2014
(Prayer: This Writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the bill raised by the respondent HESCOM on 01.01.2006 (Annexure-G for a sum of Rs.27,41,153/- in so far its seeks to levy and collect a sum of Rs. 60,000/- as "Cheque Dishonour" by holding that the petitioner is not liable to pay any such sum towards "Cheque Dishonour Fee" and that the respondent HESCOM is not entitled to levy and collect the same.) 1. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. The petitioner was said to be an industry who was in arrears of payment of electricity charges in a total sum of Rs.55,28,195/-. It transpires that the petitioner had issued a cheque, in partial discharge of the outstanding amount in a sum of Rs.30,00,000/-, dated 12.12.2005, drawn on Syndicate Bank, Bagalkot. It however transpires that the cheque was dishonoured and returned unpaid. Since the last date for payment of the dues was fixed,...
Tag this Judgment!M/s. Perfect Polybaags Private Ltd. and Others Vs. Canara Bank
Court: Karnataka
Decided on: Nov-26-2014
(Prayer: This Writ Appeal Is Filed Under Section 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In Writ Petition No.58039/2013 Dated 24.07.2014.) D.H. Waghela, CJ. Oral Order: 1. The appellants have preferred this appeal from order dated 24.07.2014 of learned Single Judge in Writ Petition No.58039/2013, whereby the appellants' challenge to order dated 25.11.2013 in petitioner's interim application No.3685/2013 in O.A.No.239/2011 pending before DRT, Bengaluru, has been spurned. The short interim order which was under challenge before learned Single Judge read as under: "2. Having heard Sri.R.L.Patil, learned senior counsel and perused Rule 12(6) of the RDDBFI (Procedure) Rules, 1993 and regard being had to the admitted fact that petitioner, a party defendant in O.A.239/2011 did not file an affidavit by way of evidence, but filed IA No.3685/2013 to permit cross-examination of AW-1, the witness for the Bank, no exception can be taken to the rejection of that appli...
Tag this Judgment!M/S Kanoria Industries Ltd Vs. Hubli Electricity Supply Co Ltd
Court: Karnataka Dharwad
Decided on: Nov-26-2014
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE26H DAY OF NOVEMBER, 2014 R BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.1165 OF2006(GM-KEB) Between: M/s.KANORIA INDUSTRIES LIMITED, A Company incorporated under the Provisions of the Companies Act, 1956 Having its registered office at 14th Floor, Air India Building, Nariman Point, Mumbai 400 021 By its Director, M.L.Daga Petitioner. (By Sri.V.Rdatar and Sri.S.B.Hebballi, Advocates) And:1. Hubli Electricity Supply Company Limited, Corporate Office, Navanagar, P.B.Road, Hubli 580 025 By its Managing Director 2. The General Manager (Technical, Administration & HRD) Corporate Office, Navanagar, P.B.Road, Hubli 580 025. 2 3. The Executive Engineer, O & M Sub-Division, Hubli Electricity Supply Company Limited, Bagalkot 5587 101.4. The Assistant Executive Engineer (Ele), O & M Sub-Division, Hubli Electricity Supply Company Limited, Bagalkot 5587 101.5. Karnataka Electricity Regulatory Commission 6th Flo...
Tag this Judgment!M/S Perfect Polybaags Private Ltd Vs. Canara Bank
Court: Karnataka
Decided on: Nov-26-2014
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE26H DAY OF NOVEMBER2014PRESENT R THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE BUDIHAL R.B. WRIT APPEAL NO.1790/2014 (GM-DRT) BETWEEN1M/S: PERFECT POLYBAAGS PRIVATE LTD., A COMPANY INCORPORATED UNDER COMPANIES ACT, 11 D & E, HOSKOTE INDUSTRIAL AREA, CHOKKAHALLI HOSKOTE-562114, BANGALORE DISTRICT REP BY ITS MANAGING DIRECTOR MR. NARESH BHANDIA2MR. NARESH BHANDIA S/O K S BHANDIA AGED ABOUT49YEARS3SMT. RASHMI BHANDIA W/O NARESH BHANDIA AGED ABOUT45YEARS APPELLANT NOS.2 & 3 ARE BOTH R/A NO.16, 1ST CROSS, 2ND FLOOR515 NEW THIPPASANDRA COLONY BANGALORE-560075 ... APPELLANTS (BY SRI SHIVAYOGI B. HALLUR, ADV.,) AND CANARA BANK MAHADEVAPURA SME BRANCH WHITEFIELD ROAD, BANGALORE-560066 REP BY ITS CHIEF MANAGER (BY SRI BRIJESH CHANDER GURU, ADV.,) ... RESPONDENT2THIS WRIT APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.58039/2013 DATED2407.201...
Tag this Judgment!The General Manager, South Western Railway, Hubli and Others Vs. Balaj ...
Court: Karnataka
Decided on: Nov-25-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Set Aside The Order Of Central Administrative Tribunal, Bangalore Dated:10.06.2009, In Oa No.302/2007, Vide Ann-A And Etc.) 1. Being aggrieved by the order passed by the Central Administrative Tribunal, Bangalore (hereinafter referred to as 'the Tribunal') in directing the petitioners to reinstate the respondent into service with 50% backwages in O.A.No.302/2007 vide order dated 10.6.2009, this petition is filed by the South Western Railways. 2. As the facts unfurl, the respondent was engaged as a Substitute Bungalow Peon for one P.R.Suresh, Deputy Chief Engineer, Bangalore, vide appointment order dated 21.2.2005. The terms and conditions of his appointment interalia provided for termination without assigning any reason within three years on the request of sponsoring Officer. He was prevented from work on 1.7.2007 in the bungalow of Sri.P.R.Suresh. He was not paid salary fully for th...
Tag this Judgment!A.R. Srinivasachar Vs. Rajuharan
Court: Karnataka
Decided on: Nov-25-2014
(Prayer: This HRRP Is Filed Under Section 46 Of Karnataka Rent Act Against The Judgment And Decree Dated 04.08.2008 Passed In HRC No.10051/2006 On The File Of The Xv Addl. Small Causes, Judge, Bangalore Scch-19, Dismissing The Petition Filed U/S 27(2)(R) And 31 Of Karnataka Rent Act 1999 For Eviction.) 1. This is a landlord's petition challenging the correctness and legality of judgment passed by XV Addl. Small Causes Judge, Mayo Hall Unit, Bangalore, in HRC No.10051/2006 dated 04.08.2008, whereunder petition filed under Section 27(2)(r) and 31 of the Karnataka Rent Act,1999 (for short 'Rent Act'), has been dismissed. 2. I have heard the arguments of learned Advocates appearing for parties namely, Sriyuths K.R.Ananthamurthy, for petitioner and Sri.H.J.Sanghvi, for respondent. Perused the records. 3. It is the contention of Sri.Ananthamurthy, learned counsel appearing for petitioner that trial Court was not justified in dismissing the petition for eviction without appreciating the evide...
Tag this Judgment!New India Assurance Co. Ltd. Vs. V. Velumurugan and Another
Court: Karnataka
Decided on: Nov-24-2014
(Prayer: This Mfa Filed U/S 173(1) Of MV Act Against The Judgment And Award Dated: 14.8.2013 Passed In Mvc No.6424/2011 On The File Of The 19th Additional Small Causes Judge Mact, Bangalore, Awarding A Compensation Of Rs. 16,77,000/- with Interest @ 6% P.A From The Date Of Petition Till Its Realization.) 1. The Insurance Company has filed this appeal aggrieved by the Judgment and Award passed by the MACT., Bangalore on 14,8.2013 in MVC No.6424/2011. 2. Heard the learned Counsel for the parties. 3. The appellant-Insurance Company has filed this appeal questioning the liability saddling on it and also to reduce the quantum of compensation granted by the Tribunal. 4. The admitted facts are that the petitioner/second respondent is the mother of one Nagarjuna, who died in the road traffic accident that occurred on 25.7.2011 at about 3.50 p.m. He was aged about 30 years. The accident occurred due to rash and negligent driving of the driver of the tanker bearing registration No KA-40 7499 whi...
Tag this Judgment!A. Venkataraju and Others Vs. The State Of Karnataka, Department Of Re ...
Court: Karnataka
Decided on: Nov-21-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Impugned Orders Dt.19.4.12 Passed By The R2, Board As Per Ann-A and Endorsement Dt. 25.2.14, Issued By The R2 Board As Per Ann-B.) 1. The petitioners are before this Court assailing the award dated 19.04.2012 impugned at Annexure-A and the endorsement dated 25.02.2014 impugned at Annexure-B to the petition. The petitioners are also seeking for issue of mandamus to direct the respondents to pass a fresh order fixing a fair compensation as has been done in respect of similarly placed land losers in Bagalur Village, Jala Hobli, Bangalore North (Additional) Taluk at the rate of Rs.70,00,000/- per acre. 2. The petitioners herein claim to be the owners of the land measuring Sy.No.177/P13 measuring 30 guntas and 177/P16 measuring 2 acres of Bagalur Village, Jala Hobli, Bangalore North (Additional) Taluk. The manner in which the title to the properties were acquired by the petit...
Tag this Judgment!Gangadhara and Another Vs. The State Of Karnataka By Rep By Sub-Inspec ...
Court: Karnataka
Decided on: Nov-21-2014
(Prayer: This Criminal Petition Is Filed Under Section 439 Of Cr.P.C. Praying To Enlarge The Petitioners On Bail In Crime No.123/2014 Of Chintamani Police Station, Chickballapura, For The Offences Punishable Under Sections 143, 147, 148, 504, 324 And 302 R/W 149 Of Ipc.) 1. Petitioners are accused Nos.5 and 6 in a criminal case bearing Crime No.123/2014 on the file of Chintamani police Station, Chickballapura District. Offences alleged against them and other accused are punishable under Sections 143, 147, 148, 504, 324, 302 r/w Section 149 of IPC. Since, the petitioners are in judicial custody for more than three months, they have approached this Court seeking the relief of regular bail under Section 439 of Cr.P.C. 2. Learned Government Pleader has vehemently opposed the bail application on the ground that, sufficient prima-facie materials are forthcoming against these petitioners in forming an unlawful assembly along with accused Nos.1 to 4 and murdering one Nanjappa with deadly weapo...
Tag this Judgment!K. Gurudath and Others Vs. State Of Karnataka Rep. By The Station Hous ...
Court: Karnataka
Decided on: Nov-20-2014
(Prayer: This Crl.P. Is Filed U/S.482 Cr.P.C. With A Prayer To Quash The Entire Proceedings In Crime No.380/2012 Of Chandra Layout P.S., Registered For The Offences P/U/S.498(A), 506 Of Ipc And U/S.3, 4 Of D.P.Act On The File Of The Viii Addl. C.M.M., Bangalore.) 1. Learned HCGP accepts notice on behalf of first respondent. Sri D.R.B asavarajappa, learned advocate filed appearance for second respondent. 2. With the consent of learned advocates on both sides, the case is taken up for final hearing. 3. The marriage of first petitioner with second respondent was solemnized on 7.6.2010. Respondent No.2 filed M.C.No.3310/2014 in the Family Court, Bangalore, to pass decree of divorce and for dissolution of the said marriage. The case having been referred to Mediation, the couple arrived at an amicable settlement. The agreed terms were reduced into a Memorandum of Settlement under Section 89 of C.P.C. r/w. Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 on 18.9.2014. ...
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