Karnataka Court November 2014 Judgments
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S. Gowtham Vs. K. Sundar Babu
Court: Karnataka
Decided on: Nov-17-2014
(Prayer: This Regular. First Appeal Is Filed Under Section 96 R/W Order 41 Rule Of Cpc, Against The Judgment and Orders Dated:26.09.2014 Passed In O.S.573/2013 On The File Of The Ii-Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, Dismissing The Suit For Partition And Separate Possession, And Thereby Vacating The Order Of Status-Quo.) 1. This appeal is by the aggrieved plaintiff of O.S.No.573/2013 on the file of the II Additional Senior Civil Judge, Bangalore Rural District, Bangalore, whereby his case is dismissed as not maintainable vide order dated 26th September 2014, in view of the bar under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short hereinafter referred to as 'the Act'). 2. For the sake of convenience, the parties will be referred to as per their status before the trial court. 3. As the facts unfurl, the plaintiff filed a suit for partition against his father, brother, mother...
D.S. Chethan Vs. N.T. Manjushree
Court: Karnataka
Decided on: Nov-17-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Call For The Records In O.S.No.23/2012 On The File Of The Family Court, Davanagere And Quash The Order Passed On I.A.No.2 Under Order 7 Rule (D) Cpc R/W. Section 7 Of The Family Courts Act On 19.2.2014 At Ann-G And Allow The Said Application And Etc.,) 1. Though this matter is listed for orders, by consent of the learned counsel for the parties, it is taken up for final hearing, heard and disposed of by this order. 2. The respondent herein was married to the petitioner on 05.09.2010 at Eshwari Kalyana Mantapa at Chitradurga. Differences arose between them after the marriage. Therefore, they started living separately after about six months of the marriage. They filed a joint petition under Section 13-B of the Hindu Marriage Act, 1955, seeking dissolution of the marriage by mutual consent in M.C.No.111/2012 on the file of the Family Court at Davangere. The petition was allowed on 12.1...
R.S. Sharma Vs. Income-tax Officer, Bangalore
Court: Karnataka
Decided on: Nov-17-2014
N. Kumar, J. 1. The assessee has preferred this appeal challenging the order dated 29-12-2008 passed by the Income Tax Appellate Tribunal, Bangalore Bench 'A' (hereinafter referred to as 'the Tribunal' for short) in ITA No.822/Bang/2008, wherein the Tribunal had upheld the order passed by the lower authorities and levied tax on the capital gains for the assessment year 2005-06. 2. The assessee has filed the return of income for the assessment year 2005-06 on 30-01-2006 declaring the total income of Rs.5,56,960/- wherein he claimed long term capital gain exemption under Section 54F of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short). The Assessing Authority passed an order dated 6-12-2007, under Section 143(3) of the Act recalculating the computation of income filed by the assessee and held that the long term capital gain exemption has to be disallowed. He also imposed interest under Sections 234B and 234C of the Act. Aggrieved by the said order, the assessee pr...
Mr. Archibald Quadros Vs. Dr. Laxman Shetty, m.d.s
Court: Karnataka
Decided on: Nov-17-2014
- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE17H DAY OF NOVEMBER2014BEFORE THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.7147/2014 BETWEEN: MR. ARCHIBALD QUADROS S/O. VICTOR LEO QUADROS AGED ABOUT57YEARS PROPRIETOR PRIYA TRADING SERVICES PRIYA COMPLEX, PIUSNAGAR CHURCH ROAD, HANGLUR POST KUNDAPUR TALUK UDUPI DISTRICT 576 217 ALSO RESIDING AT PRAKASH HOUSE HANGLUR POST, KUNDAPUR TALUK UDUPI DISTRICT 576 217. ... PETITIONER (BY SRI DILRAJ ROHIT SEQUEIRA, ADV.) AND: Dr. LAXMAN SHETTY, M.D.S S/O. SHIVRAM SHETTY AGED ABOUT50YEARS SHETTYS HI-TECH DENTAL CLINIC CITY HEALTH CENTER NO.94, KALIDASA ROAD JAYALAXMIPURAM, V.V.MOHALLA MYSORE 570 002. ...RESPONDENT - 2 - THIS CRL.P. IS FILED US.482 CR.P.C. PRAYING TO ISSUE DIRECTION/ORDER TO RETAIN THE FILE BEARING C.C.NO.162/2014 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, KUNDAPURA, FOR THE OFFENCE PUNISHABLE UNDER SECTION138OF THE N.I. ACT. THIS CRL.P. COMING ON FOR ADMISSION THIS DAY, THE COURT...
Prakash Chandra Vs. The Commissioner, Bruhat Banglaore Mahanagara Pali ...
Court: Karnataka
Decided on: Nov-14-2014
1. Petitioner-owner of the immovable property No. 287, 5th C Cross, II Stage, Nagarabhavi, Bangalore, made a representation dated 4-11-2014 to the respondent-Bruhat Bengaluru Mahanagara Palike (for short, BBMP) over his neighbour the 4th respondent erecting construction of a building on site No. 288 in violation of the building plan sanctioned for residential purpose and the Bangalore Mahanagara Palike Building Bye-laws, 2003 (for short, Bye-laws), impinging upon petitioners easementary rights. The 4th respondent continued to carry on the illegal construction while the respondents-Commissioner of BBMP; Assistant Executive Engineer of Laggere Sub-division; and Rajarajeshwarinagar Sub-division; did not prevent the illegal construction. Oral enquiries of the petitioner with the 3rd respondent was responded to stating that it was for the 2nd respondent to consider the complaint. Petitioners applications dated 18-1-2014 and 28-1-2014, Annexures F and G, to the 3rd respondent under the Righ...
Sabira Janu and Others Vs. N.N. Venkataramanaswamy and Others
Court: Karnataka
Decided on: Nov-14-2014
(Prayer: This Regular First Appeal Is Filed Under Section 96 Of Cpc, Against The Judgment And Decree Dt: 24.06.2011 Passed In O.S. No.5/2008 On The File Of The Senior Civil Judge And Jmfc, Chinthamani, Decreeing The Suit For Declaration And Permanent Injunction.) 1. By judgment and decree dated 09.10.2010 in O.S.No.5/2008 on the file of the Senior Civil Judge and J.M.F.C., Chintamani, suit filed by the plaintiff for declaration and injunction came to be decreed. Questioning the legality and correctness of the judgment and decree, this appeal is preferred by the legal representatives of deceased-defendant No.6- Hussain Beig. 2. The case of the plaintiff before the trial Court is briefly stated as under: The deceased-defendant No.6-Hussain Beig was the original owner of suit schedule property, a building used for commercial purpose. He inducted the plaintiff as tenant in the schedule property on a monthly rent of Rs. 100/-. The plaintiff was running a cloth business in the schedule prope...
Sabira Janu W/O Late C Hussain Beig Vs. N N Venkataramanaswamy S/O Lat ...
Court: Karnataka
Decided on: Nov-14-2014
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE14H DAY OF NOVEMBER2014BEFORE THE HONBLE MR.JUSTICE PRADEEP D. WAINGANKAR REGULAR FIRST APPEAL No.1502/2011 BETWEEN:1. SABIRA JANU W/O LATE C. HUSSAIN BEIG AGED ABOUT73YEARS.2. WAHEED BEIG S/O LATE C. HUSSAIN BEIG AGED ABOUT51YEARS.3. 4.5.6. RAHAMATHULLA BEIG S/O LATE C. HUSSAIN BEIG AGED ABOUT48YEARS. C. SALEMULLA BEIG S/O LATE C. HUSSAIN BEIG AGED ABOUT43YEARS. APPELLANTS No.1 TO4ARE RESIDENT OF: OPPOSITE TO GOVERNMENT HOSPITAL M.G. ROAD, CHINTAMANI-563125. MALIKA BEGUM D/O LATE C. HUSSAIN BEIG W/O MOHAMMED SASLEHA AGED ABOUT61YEARS R/AT No.847, BSK2D STAGE TANY ROAD, BANGALORE-560045. ASIYA BEGUM D/O LATE C. HUSSAIN BEIG W/O SHAIK MUSTAFA R/AT VENKATESHWARAPURAM BANGALORE-560045. 2 7.8.9. ZUBEDA BEGUM D/O LATE HUSSAIN BEIG W/O A. NOORULLA AGED ABOUT53YEARS R/AT No.4, BARISUBLINE OLD PET KRISHNAGIRI, TAMILNADU-635001. RASHEEDA BEGUM D/O LATE C. HUSSAIN BEIG W/O MOHAMMED SALAM AGED ABOUT47YEARS R/O LALGINAGAR, BANGALORE-5600...
The State of Karnataka Vs. Dr Shivayogeppa B. Hinchigeri
Court: Karnataka Dharwad
Decided on: Nov-14-2014
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE14H DAY OF NOVEMBER, 2014 PRESENT THE HONBLE MR.JUSTICE RAM MOHAN REDDY THE HONBLE MR.JUSTICE B. MANOHAR AND WRIT APPEAL NO.30053 OF2012(S-PRO) BETWEEN: THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT M.S. BUILDING, BANGALORE 560001. ... APPELLANT (BY SRI. A.G. SHIVANNA, Addl. Advocate General) AND:1. 2. 3.4. DR. SHIVAYOGEPPA B HINCHIGERI, S/O LATE BANGARAPPA HINCHIGERI, AGE:59. YEARS, R/AT PROFESSOR PG, DEPT. OF STUDIES IN BIOCHEMISTRY, KARNATAKA UNIVERSITY, DHARWAD, THE CHANCELLOR, KARNATAKA UNIVERSITY, RAJBHAVAN, BANGALORE-1 PROFESSOR H B WALIKAR, CHAIRMAN, DEPT. OF COMPUTER SCIENCE, KARNATAKA UNIVERSITY, DHARWAD 580 003. KARNATAKA UNIVERSITY, DHARWAD, REP BY ITS REGISTRAR, DHARWAD. ... RESPONDENTS2(BY SRIYUTHS S.S. PATIL & MAHANTESH R PATIL, ADVS FOR R-1, SRI. ARAVIND D KULKARNI, ADV., FOR R-2 SRI. GANGADHAR J.M., ADV., FOR R3, SRI. K.L.PATIL, ADV., FOR R4) THIS WRIT APPEAL FILED U/...
Dr. Shrishail Ramakrishna Bijapure Vs. Vidya
Court: Karnataka
Decided on: Nov-13-2014
(Prayer: This Petition Is Filed Under Section 19(4) Of The Family Court Act, Against The Judgment And Order Dated 21.11.2013, In Crl.Misc.No.154/2012, On The File Of The Principal Judge, Family Court, Hubli, Partly Allowing The Petition Filed Under Section 125 Of Cr.P.C.) 1. The respondent in Crl.Misc.No.154/2012 on the file of the Principal Judge, Family Court, Hubli has come up in this petition seeking to quash the order dated 21.11.2013 passed in the said proceedings granting maintenance to the respondent herein at the rate of Rs.5,000/- p.m. from the date of the aforesaid petition. The said order is impugned by the respondent on the ground that the relationship of husband and wife between the petitioner and the respondent herein ceased pursuant to the judgment dated 12,04.2012 passed in M.C.No.29/2009 on the file of the Civil Judge (Sr.Dn.), Raibag. 2. The brief facts leading to the petition are as under: The petitioner herein and respondents were respectively husband and wife and ...
National Insurance Company Ltd. Vs. Annapoorna and Others
Court: Karnataka
Decided on: Nov-13-2014
(Prayer: This Petition is filed Under Articles 226 And 227 of the Constitution of India, praying to quash the Order dated 16.07.2011 passed by the Court of Motor Accident Claims Tribunal, XX Addl. Judge and XVIII ACMM, Bangalore (ACCM-18), Which is Produced and Marked as Annexure-E and further be pleased to direct the tribunal to permit the petitioner Herein to File Additional Written Statement Produced and Marked as Annexure-C.) 1. The respondents instituted MVC No.6546/2009 before Motor Accident Claims Tribunal, Bengaluru againstthe owner of a motorcycle bearing registration No.KA-52/E-8196 and the petitioner, which insured the said vehicle, to award compensation of Rs. 35 Lakhs with interest, on the ground that the rider of the said motorcycle caused the accident on 23.03.2009 and due to the said actionable negligence, one Ravi @ Ravikumar, a pillion rider, fell down, sustained grievous injury and succumbed on 24.03.2009, while undergoing treatment in NIMHANS, Bengaluru. The respond...
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