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Karnataka Court December 2014 Judgments

Dec 18 2014

Shanthakumari and Others Vs. State of Karnataka, Represented by its Pr ...

Court: Karnataka

Decided on: Dec-18-2014

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to consider the representations/memorandums given by the petitioners vide Annexures-A1 to A13 dated 4.1.2012 for grant of dwelling houses in their favour and etc.) 1. Learned Counsel for petitioners as well as learned Additional Government Advocate for respondents jointly submit that these writ petitions could be disposed in terms of order dated 2.12.2014 passed in W.P.Nos.55271- 55390/2014. 2. Submission is placed on record. 3. Petitioners have sought a direction to respondent - authority to consider their representations, which are at Annexures A1 to A13, for grant of dwelling houses in their names. 4. Petitioners claim to be permanent residents of Manjunathanagar, Nagasandra Post, Yeshwanihapura Hobli, Bengaluru North Taluk, Bengaluru Urban District. They state that they belong to Scheduled Caste, Scheduled Tribe and other backward communities and are eng...

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Dec 18 2014

K. Padma Vs. K. Ramachandra and Others

Court: Karnataka

Decided on: Dec-18-2014

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 30th June 2008 passed by the Debt Recovery Appellate Tribunal at Chennai in M.A. No. 167/07 (Ann-V) and etc.) C.A.V. Order: 1. Petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India challenging order dated 30.6.2008 passed in M.A. No. 167/2007 by the Debt Recovery Appellate Tribunal at Chennai (Annexure-V). The petitioner claims that she is auction purchaser of the property in question in the auction sale conducted by the recovery officer. 2. Brief facts leading to filing of this petition and as averred in the petition are that the respondent No. 3 M/s. Tubeman Private Limited, a company having two persons as directors, viz., Shankarlal Agarwal and his wife Smt. Laxmi Agarwal, i.e., the respondent No. 4 herein, sought and obtained, on 16.1.1999, certain credit facilities aggregating to Rs.70.00 lakh from respondent No.2-b...

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Dec 18 2014

Asgarali Vs. Reshma

Court: Karnataka Dharwad

Decided on: Dec-18-2014

(Prayer: This appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 21.03.2013 passed in R.A. No.14/2011 on the file of the Senior Civil Judge, Hukkeri, dismissing the appeal filed against the judgment and decree dated 14.01.2011 and the decree passed in O.S. No.48/2009 on the file of the Civil Judge and JMFC, Hukkeri, decreeing the suit filed for restitution of conjugal rights.) Oral Judgment: H.G. Ramesh, J. 1. The question raised in this appeal is, whether a muslim wife is entitled to seek restitution of conjugal rights? 2. This second appeal is by the defendant-husband. The trial Court decreed the suit filed by the respondent-wife for restitution of conjugal rights. The said decree of restitution of conjugal rights is affirmed by the first Appellate Court by dismissing the husband's appeal. Being aggrieved, the husband has filed this appeal. The parties to the suit are muslims. 3. I have heard learned counsel appearing for the parties and p...

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Dec 18 2014

S. Narasimha Rao Vs. The Inspector General Of Police (South Zone) and ...

Court: Karnataka

Decided on: Dec-18-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Call For Records And Set Aside The Order Dated 18.11.2011 Passed By The Kat In Application No. 11525/2002 Vide Annexure-C As Also The Order Dated 20.06.2000 Passed By The R2 Vide Annx A1 To The Application And Also The Order Dated 21.06.2002 Passed By The R1 In Appeal No. 104/2000- 2001 Vide Annxure - A2 To The Application By Allowing This Writ Petition.) 1. Aggrieved by the order dated 18.11.2011 passed by the Karnataka Administrative Tribunal in Application No. 11525/2002 at Annexure 'C', the order dated 20.06.2000 passed by the 2nd respondent vide annexure Al (SC.EST(2); DE-8:96-97 APS 135/2000-2001 and also the order dated 21.06.2002, passed by the 1st respondent in appeal No. 104/2000-2001 vide Annexure A2, the petitioner has filed this petition, seeking for reinstatement into the service with all consequential benefits. 2. As the facts unfurl, this petitioner was working as a P...

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Dec 18 2014

N.J. Palaksha Naik Vs. The Kuvempu University and Others

Court: Karnataka

Decided on: Dec-18-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying To Quash The Impugned Order Dtd.2.6.2014 (Annex-N) Passed By The R-1 And Set Aside The Order Dtd.11.12.2014 Passed The Appellate Authority In Appeal No.Gs/09/Kpm/2014 (Annex-R) With All Consequential Benefits and Etc.,) 1. Petitioner, when discharging duties as 'Assistant Registrar, Examination in the respondent/Kuvempu University, was allegedly involved in examination malpractice, a misconduct, in respect of which disciplinary proceeding was initiated by issuing Articles of Charge, appointing a Retired District and Sessions Judge, who held a domestic inquiry, by extending reasonable opportunity of hearing to the petitioner and submitted a report, holding the Charge proved. The 'Disciplinary Authority' on an independent assessment of the material on record held the petitioner guilty of the charge and proposed imposition of the punishment of reduction in rank from Assistant Registrar' to 'Su...

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Dec 18 2014

K. Padma Vs. K. Ramachandra and Others

Court: Karnataka

Decided on: Dec-18-2014

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 30th June 2008 passed by the Debt Recovery Appellate Tribunal at Chennai in M.A. No. 167/07 (Ann-V) and etc.) C.A.V. Order: 1. Petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India challenging order dated 30.6.2008 passed in M.A. No. 167/2007 by the Debt Recovery Appellate Tribunal at Chennai (Annexure-V). The petitioner claims that she is auction purchaser of the property in question in the auction sale conducted by the recovery officer. 2. Brief facts leading to filing of this petition and as averred in the petition are that the respondent No. 3 M/s. Tubeman Private Limited, a company having two persons as directors, viz., Shankarlal Agarwal and his wife Smt. Laxmi Agarwal, i.e., the respondent No. 4 herein, sought and obtained, on 16.1.1999, certain credit facilities aggregating to Rs.70.00 lakh from respondent No.2-b...

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Dec 18 2014

Meharunnisa Vs. Syed Habeeb @ Syed Habeebulla

Court: Karnataka

Decided on: Dec-18-2014

(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C. By The Petitioner To Set Aside The Order Dated 25.10.2013 Passed By The Rt.C., Tumkur In Crl. R.P. No. 149/2012 And Confirm The Order Dated 17.04.2012 Passed By The Ii Addl. C.J. And J.M.F.C., Tumkur Ii! C. Misc. No.455/2007 At Annexure-A And B and Etc.) 1. I, feel it is just and appropriate to start this judgment by quoting a great universal verse, in Manusmrithi which often referred with regard to the protection of the women, which is being admired with great respects, irrespective of caste, creed, colour and religion; "Pita rakshathi kaumare, bhartha rakshathi youvane, Putrah rakshathi vrudhapye, na stree swatantryam arhathi" (original is in Sanskrit) Means - a women is protected by father in her childhood, her husband protects her in youth, and in old age she should be protected by her son. At no stage in her life should a woman be left alone and destitute. She deserves protection by man at every stage of her life. 2. In t...

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Dec 18 2014

Guruprasad Aradhya Vs. Aravind Revankar

Court: Karnataka

Decided on: Dec-18-2014

(Prayer: This HRRP Is Filed Under Section 115 Of CPC, Against The Orders Dated: 09.09.2014 Passed In Hrc Rr.22/2012 On The File Of The Presiding Officer, C/C Fast Track Court, Sagar, Dismissing The Petition Filed Against The Order Dated 12.10.2012 Passed In Hrc.6/2011 On The File Of The Principal Civil Judge, (Jr. Dn.), Sagar, Allowing The Petition Filed Under Section 27(2) (R) Of Karnataka Rent Act, 1999.) 1. This is a tenant's revision petition filed under section 115 of C.P.C challenging order of Revisional court dated 09.09.2014 passed in HRC RR 22/2012 whereunder revision petition filed by petitioner herein under section 46(2) of Karnataka Rent Act, 1999 came to be dismissed and order of eviction passed by Principal Civil Judge (Jr.Dn) and JMFC, Sagar dated 12.10.2012 in HRC.6/2011 allowing the petition filed under section 27(2)(r) of Karnataka Rent Act, 1999 came to be affirmed. 2. I have heard the arguments of Sri.H.S.Suresh, learned counsel appearing for petitioner. Perused the...

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Dec 18 2014

Sri. n.j. Palaksha Naik Vs. The Kuvempu University

Court: Karnataka

Decided on: Dec-18-2014

1 R W.P.58201/14 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE18H DAY OF DECEMBER, 2014 BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NO.58201/2014 (S-DIS) BETWEEN SRI. N.J.PALAKSHA NAIK S/O JEMALA NAIK, AGED ABOUT44YEARS, ASSISTANT REGISTRAR, (NOW UNDER ORDER OF REVERSION) KUVEMPU UNIVERSITY, KUVEMPU CENTENARY BUILDING, JNANASAHYADRI, SHANKARAGHATTA-577451 SHIMOGA DISTRICT R/AT NO.1, JNANA SAHYADRI, KUVEMPU UNIVERSITY, SHIMOGA DISTRICT. ... PETITIONER (By Sri. A NAGARAJAPPA, ADV.,) AND1 THE KUVEMPU UNIVERSITY KUVEMPU CENTENARY BUILDING, JNANASAHYADRI, SHANKARAGHATTA-577451 SHIMOGA DISTRICT. REP BY ITS REGISTRAR.2. THE VICE CHANCELLOR KUVEMPU UNIVERSITY, KUVEMPU CENTENARY BUIDLING, JNANASAHYADRI, SHANKARAGHATTA-577451 SHIMOGA DISTRICT. 2 W.P.58201/14 3. THE APPELLATE AUTHORITY-CHANCELLOR HIS EXCELLENCY THE GOVERNOR OF KARNATAKA RAJ BHAVAN, BENGALURU-560001 ... RESPONDENTS (By Sri. T.P. RAJENDRA KUMAR SUNGAY, ADV., FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER...

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Dec 18 2014

Sri Siddagangaiah Vs. Sri N K Giriraja Shetty

Court: Karnataka

Decided on: Dec-18-2014

1 R RSA263311 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF DECEMBER, 2014 BEFORE: THE HONBLE MR. JUSTICE A.S.PACHHAPURE REGULAR SECOND APPEAL No.2633 OF2011BETWEEN:1. Siddagangaiah, S/o. late Thopaiah, Since dead by his L.Rs. 1(a) Thayamma, W/o. late Siddagangaiah, aged about 67 years, 1(b) Gunashekaar, S/o. late Siddagangaiah, Aged about 42 years, 1(c) Kamalakshi, D/o. late Siddagangaiah, Aged about 41 years, 1(d) Manjula, D/o. late Siddagangaiah, Aged about 39 years, All are r/at Madanayakanahalli, Dasanapura Hobli, Bangalore North Taluk, Bangalore District-562 123. ... APPELLANT/S [By Sri. T. Seshagiri Rao & Sri. Sunil S. Rao, Advs.]. 2 RSA263311 AND:1. N.K. Giriraja Shetty, S/o. late Narasimhaiah Shetty, Since dead by L.R. 1(a) D. Narasimha Raja Shetty, S/o. late N.K. Giriraja Shetty, Aged about 56 years, R/at Kamayaka Nilaya, Old Post Office Road, Nelamangala, Bangalore Rural 562 123.2. Lingamma, W/o. Siddagirigowda, Aged about 42 years, R/at Kenchanahalli...

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