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Karnataka Court December 2014 Judgments

Dec 30 2014

Nadakerappa and Others Vs. Pillamma and Others

Court: Karnataka

Decided on: Dec-30-2014

(Prayer: These Writ Appeals Are Filed Under Section 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In The Writ Petition Nos.23034/2002 And 27230/2002 Respectively, Dated 25/07/2007.) 1. Both these appeals arise out of the common order passed in W.P.Nos.27230/2002 and 23034/2002, which was filed by the appellants of W.A.No.1950/2007. 2. The appellants of writ appeal No.1563/2007 are the legal heirs of late Nadikerappa, who was the 3rd respondent in both the writ petitions. 3. Briefly stated, the appellants are the class I legal heirs of late Mariyappa. Said Mariyappa was the owner of the land bearing Survey Nos.4/7, 4/2, and 1/11, measuring 35 guntas, 25 guntas and 1 acre 14 guntas respectively of Srigandadakaval Village, Bangalore North Taluk, having purchased the same under a registered sale deed dated 30.08.1954 from its owner Venkatappa, son of Muneerappa. Nadikerappa claiming to be the tenant of the land, filed form No.7 for confirmation of the occupancy ri...

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Dec 30 2014

K.N. Rajappa Vs. State of Karnataka Represented By its Additional Chie ...

Court: Karnataka

Decided on: Dec-30-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Impugned Order Dated:26.11.2014 Passed By The Karnataka Administrative Tribunal, Bangalore In Application No.6403/2014 Vide Ann-A And Consequently Uphold The Transfer Order Dated 20.08.2014 Vide No.57/2014-15 Vide Ann-A2 In Ann-B, Etc.) 1. Aggrieved by the order dated 26th November 2014 passed in Application No.6403/2014 by the Karnataka Administrative Tribunal at Bangalore (hereinafter referred to as 'the Tribunal')), this writ petition is filed invoking Articles 226 and 227 of the Constitution of India. The Tribunal vide its order dated 26.11.2014 allowed the said application filed by die fourth respondent herein and quashed the transfer order dated 20.8.12014 passed by the second respondent in transferring the fourth respondent herein and posting writ petitioner, with a further direction that fourth respondent herein shall continue as Deputy Range Forest Officer at Kagg...

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Dec 26 2014

Arun Krishna Sail Vs. The State of Karnataka by the Chief Secretary, D ...

Court: Karnataka

Decided on: Dec-26-2014

(Prayer: This WPHC is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of habeas corpus or a writ or order or direction of appropriate nature directing the respondents to release the detenu from the central prison, Parappana Agrahara, Bangalore forthwith.) L. Narayana Swamy, J. 1. The petitioner was charge sheeted for the offences punishable under Sections 120B, 379, 411 r/w 34 and 35 of IPC in C.C.No.105/2014. 2. The petitioner submitted that he had filed a petition under Section 439 of Cr.P.C, the same was allowed and bail was granted by order dated 06.12.2014. When he has transmitted copy to the Superintendent, Central Prison, Bangalore, an endorsement dated 19.12.2014 was issued stating that there are body warrant orders against the petitioner issued in other cases namely, Spl.C.C.Nos.11/2014, 15/2014, 37/2014, 38/2014, 53/2014 and 54/2014. Hence, the benefit of bail order was denied for the said reasons. The same has been challenged in this hab...

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Dec 23 2014

Sri Krishna Weigh Bridge, Bengaluru Vs. The Competent Authority and th ...

Court: Karnataka

Decided on: Dec-23-2014

(Prayer: This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to quash the order on I.A.No. 1 dated 20.12.2014 passed in MA No. 37/2014 on the file of the Learned Addl. City Civil and Sessions Judge (CCH-41), Bengaluru City, vide Annexure-E8, to the Writ Petition and consequently to allow the I.A.No. 1 filed in MA No. 37/2014.) 1. The 1st respondent passed an order dated 13.11.2014 granting 45 days time to vacate the premises and the said order has been challenged by the petitioner before the District Judge which is pending in M.A.No. 37/2014. The interim order sought for by the petitioner has not been considered. Hence, this writ petition is filed. 2. The grounds urged by the petitioner is that the 1st respondent has violated Clause 10 of the Agreement as per Annexure 'A' - Agreement of Leave and Licence for weigh bridge issued under Rule 16(2) and the second ground urged is that as per Rule 5 of the Allotment Rules, the evidence has not been recorded and...

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Dec 19 2014

K.T. Rajashekar Vs. State of Karnataka, By its Principal Secretary and ...

Court: Karnataka

Decided on: Dec-19-2014

(Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India praying to direct the respondents not to effect seizure of vehicles of the petitioner which are mentioned in the W.P. except by following the procedure laid down by the Hon'ble Supreme Court in the case of the Transport Commissioner, AP. Vs. Sardar Ali reported in (1983)4 SCC 245.) 1. The petitioner is before this Court seeking issue of a writ of mandamus directing the respondent not to effect seizure of the vehicles pertaining to the petitioner - SRS Travels except by following the procedure laid down by the Hon'ble Supreme Court in the case of the TRANSPORT COMMISSIONER, AP VS. SARDAR ALI reported in (1983)4 SCC 245 and also following the decision in the case of M/S. KRISHNA BUS SERVICE PVT. LTD., VS. STATE OF HARYAN A AND OTHERS reported in AIR 1985 SC 1651. 2. It appears alleging excess baggage/loading over the top of the luxury buses the respondent seized these vehicles and handed over them to t...

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Dec 19 2014

Shanta M. Gad and Others Vs. Assistant Revenue Officer and Another

Court: Karnataka

Decided on: Dec-19-2014

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of Constitution of India Praying to quash the order dated 18.8.11 passed by the R1 vide Annex-A to the extent of issuing B Katha to the petitioner. Direct the respondents to issue transfers of katha of the properties belonging to the petitioner assigning PID number and katha number in the Registry corporation in accordance with the provisions of the Sec 114 of the Karnataka Municipal Corporations Act, 1976 and ETC.,) (1) Petitioners aggrieved by the order dated 18.8.2011 Annexure -A of the 1st respondent insofar as it relates to extracts of Form B Register, Annexure 'B' Series, have presented these petitions for a writ of mandamus, to direct the respondent/Bruhath Bengaluru Mahanagara Palike, for short 'BBMP', to transfer katha of the properties belonging to the petitioners by assigning property identification number [PID] and katha number, in the register in accordance with section 114 of the Karnataka Municipal Corpor...

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Dec 19 2014

Gajji Veeresh S/O Jambayya Vs. The Secretary and Ors

Court: Karnataka Gulbarga

Decided on: Dec-19-2014

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE19H DAY OF DECEMBER2014PRESENT THE HONBLE MR.JUSTICE ASHOK B. HINCHIGERI AND THE HONBLE MR. JUSTICE B. SREENIVASE GOWDA WRIT PETITION No.206481/2014 (GM-RES) BETWEEN: Gajji Veeresh S/o Jambayya Age:28. years, Occ: Preparation of Ichalu Putti & Kasa Porake R/o 9-14-12 Koravara Street, Maddi Peth Raichur Since, he is in Judicial Custody Represented by his wife Smt. Hurukundamma W/o Gajji Veeresh Age:25. years, Occ: Coolie R/o 9-14-12 Koravara Street, Maddi Peth, Raichur. (By Sri Babu Rao Mangane and Sri Ashok B. Mulage, Advocates) AND:1. The Secretary Ministry of Home Affairs, Government of Karnataka-560 001.2. The Deputy Commissioner & District Magistrate, Raichur-585 401. Petitioner 2 3. The Superintendent of Police, Raichur-585401. ... Respondents (By Sri Manvendra Reddy, Govt. Advocate) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to issue a writ in the nature of certiorari ...

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Dec 19 2014

Jameel Ahmed S/O Lal Ahmed Vs. Shamsunnisa Begum W/O Late Zameer Ahmed ...

Court: Karnataka Kalaburagi

Decided on: Dec-19-2014

1 R IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH DATED THIS THE19H DAY OF DECEMBER, 2014 BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA R.F.A.NO.5005/2011 BETWEEN JAMEEL AHMED S/O. LAL AHMED, AGE:43. YEARS, OCC: BUSINESSMAN R/O. HOUSE NO.1-113, MEHTAB ALI COMPOUND, AIWAN-E-SHAHI ROAD, GULBARGA. .. APPELLANT (BY SRI PRAMOD N. KHATHAVI & SRI N.B.DIWANJI, ADVS.) AND1 SHAMSUNNISA BEGUM, W/O. LATE ZAMEER AHMED GOLA AGE:50. YEARS, OCC:HOUSEHOLD, R/O. SPL. PLOT NO.6, INDUSTRIAL ESTATE, JEWARGI ROAD, GULBARGA. ALSO BY GPA SYED MOHAMMED S/O. ABDUL GAFFAR, AGE:40 YEARS, OCC: GOVT. SERVANT IN THE OFFICE OF THE JOINT COMMISSIONER OF COMMERCIAL TAXES, R/O. PLOT NO.6, INDUSTRIAL AREA, JEWARGI ROAD, GULBARGA. 2 2. THE EXECUTIVE ENGINEER O & M DIVISION, GESCOM, GULBARGA. (BY SRI. SREEVATSA FOR SRI.VINAYAK APTE, ADVS. FOR R1, SRI.R.S.PATIL, ADV. FOR R2) REPONDENTS RFA FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DT.13-10-2010 PASSED IN O.S.NO.125/2004 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR...

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Dec 19 2014

M/S G M Divate Vs. The Regional Transport Officer and Taxation

Court: Karnataka Dharwad

Decided on: Dec-19-2014

R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE19h DAY OF DECEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.881/2006 (T-MVT) PETITIONER Between: M/s G.M.Divate, Mulian Oni, Hubli 580 028 Dharwad District (Represented by its Partner Shri Gopalakrishna M Divate Aged 42 years). (By Shri V.P.Kulkarni, Advocate) And:1. The Regional Transport Officer Taxation Authority, Belgaum.2. The Deputy Commissioner for Transport, Belgaum Division, Belgaum.3. Raju Basavantha Rao Bhosale, S/o Basanvantrao Bhosale, 2 #4837/A, 1st Main, 2nd cross, Sadashivanagar, Belgaum 560 590 001.4. M/s Yamakanamardi Urban Co-operative Credit Society Limited, Yamakanamardi 591 246, Hukkeri Taluk, Belgaum District. .. Respondents (By Smt. K.Vidyavathi, Additional Government Advocate for Respondent Nos.2 and3) This Writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 12.11.2004 by R1 Regional Transport Officer and ...

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Dec 19 2014

Smt Shanta M Gad Vs. Assistant Revenue Officer

Court: Karnataka

Decided on: Dec-19-2014

1 R W.P. 6734-6751/2013 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE19H DAY OF DECEMBER, 2014 BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NOS.6734-6751/2013 (LB-BMP) BETWEEN1 SMT SHANTA M GAD W/O MAHABALESHWAR GAD AGED ABOUT62YEARS R/A FLAT NO.G-B BANGALORE KOMPARPANTH SAMAJ SHARADAMBA RESIDENCY MUNICIPAL NUMBER - 130/1 NO.762/1487, DUBASI PALYA VALAGERAHALLI, KENGERI HOBLI BANGALORE SOUTH TALUK, BANGALORE - 60 2. SMT VEENA SHIVANAND NAIK W/O SHIVANAND B. NAIK AGED ABOUT54YEARS R/A FLAT NO.G-D, BANGALORE KOMPARPANTH SAMAJ SHARADAMBA RESIDENCY MUNICIPAL NUMBER - 130/3, NO.762/1487, DUBASI PALYA, VALAGERAHALLI, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 60 3. SMT. SEEMA MAHESH NAYAK W/O MAHESH P. NAYAK AGED ABOUT40YEARS R/A FLAT NO.1A, BANGALORE KOMPARPANTH SAMAJ SHARADAMBA RESIDENCY, MUNICIPAL NUMBER - 130/5, 2 W.P. 6734-6751/2013 NO.762/1487, DUBASI PALYA, VALAGERAHALLI, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 60 4. SRI H.N. CHANDRASHEKAR...

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