Karnataka Court December 2014 Judgments
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Mahabala Naika Vs. Deputy Commissioner, DK District, Mangalore and Oth ...
Court: Karnataka
Decided on: Dec-04-2014
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the Dy. Commissioner, D.K. Mangalore to consider the application for stay dt. 22.7.2013 in PTCL. Appeal-2/2013-14 filed by the petitioner certified copy vide Annx-A.) 1. This writ petition is filed seeking a direction to the 1st respondent - Deputy Commissioner, D.K. District, Mangalore, to consider the application for stay in No.PTCL.Appeal-2/2013- 14 filed by the petitioner. 2. Petitioner has filed a statutory appeal under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, challenging the order dated 25.06.2013 passed by the 2nd respondent - Assistant Commissioner, Mangalore Sub-Division, Mangalore, in No.PTCL .CR.26/12-13, thereby directing resumption of land to Government and restoration of the same to respondents 3 and 4 herein. Along with the appeal, petitioner has filed an application seeking interim...
BOSCH Limited Vs. The Bruhat Bangalore Mahanagara Palike and Others
Court: Karnataka
Decided on: Dec-04-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution Of India Praying To Direct The Respondent Authorities To Remove The Pipelines Laid In The Middle Of The Approach Road Belonging To The Petitioner And Leading To The Petitioner's Water Facilities Plant In Sy.No.56 Pa.Rt And 60/1 Of Parappana Agrahara Village, Begur Hobli. Bangalore South Taluk, Bangalore Shown In Blue Colour In The Sketch At Anenx-D and Etc.,) 1. These petitions are instituted by M/s Bosch Limited, aggrieved by the action of respondents in laying sewage line contrary to Section 230 of the Karnataka Municipal Corporations Act, 1976, ('the Act' for short) inside the property of the petitioner located in several survey numbers of Parappana Agrahara, more appropriately below the approach road to Sy.Nos.56/P and 60/1. According to the petitioner, the entire area in Parappana Agrahara fell within the jurisdiction of Bruhat Bangalore Mahanagara Palike ('BBMP' for short) and the petitioner ev...
Vanakodlu Mahalingeshwar Temple Vs. The State Of Karnataka and Others
Court: Karnataka
Decided on: Dec-04-2014
(Prayer: These W.Ps Are Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Direct The Land Tribunal To Conduct A Survey In Respect Of The Lands Granted To The Respondents As Per The Impugned Order Dated 18.9.1980 Produced As Annexure-K For The Purpose Of Identifying "Amruthpadi" Or "Umbali" Lands Held By The Respondent Measuring 5 Acre 70 Guntas And The 3 Acre 64 Cents Of Lands In Possession Of The Temple Where The Temple Buildings And Other Structures Are Standing Comprised In Sy.N0.272/1bi And Sy.N0.273/3p1.) 1. Petitioner has challenged order dated 18/9/1980 (Annexure-K). 2. The relevant facts of the case are that respondent Nos.3 to 6 on the enforcement of Karnataka Land Reforms Amendment Act, 1974 filed Form No.7 against the petitioner-Temple. The Land Tribunal by impugned order dated 18/9/1980, granted occupancy rights to respondent Nos.3 to 6, which is impugned in these writ petitions. Though there is a delay of thirty two years in preferring these writ pet...
Bosch Limited Vs. The Bruhat Bangalore Mahanagara Palike
Court: Karnataka
Decided on: Dec-04-2014
1 W.Ps.21568 & 21838/11 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE04H DAY OF DECEMBER2014BEFORE THE HONBLE MR. JUSTICE RAM MOHAN REDDY WRIT PETITION Nos.21568 & 21838/2011 (LB-BMP) BETWEEN: BOSCH LIMITED P B NO.3000, HOSUR ROAD, ADUGODI BANGALORE - 560 030, REP BY ITS GENERAL COUNSEL INDIA & GENERAL POWER OF ATTORNEY HOLDER SRI M.C ARVIND (By Sri. RAJESWARA P.N, ADV.,) AND1 THE BRUHAT BANGALORE MAHANAGARA PALIKE ... PETITIONER J.C ROAD, BANGALORE 560 002 REP BY ITS COMMISSIONER2 THE DEPUTY COMMISSIONER BBMP, JAYANAGAR ZONE, 4TH BLOCK, JAYANAGAR BANGALORE - 560 011.3. THE EXECUTIVE ENGINEER (SWD) NEW ZONE-I, BBMP JAYANAGAR4H BLOCK BANGALORE - 560 011.4. THE ASSISTANT EXECUTIVE ENGINEER BBMP, BEGUR SUB DIVISION NO.95, 3RD CROSS ROAD, DUOHEIGHTS LAYOUT, BEGUR BANGALORE - 560 068 (By Sri. N.K RAMESH, ADV.,) ... RESPONDENTS2W.Ps.21568 & 21838/11 THESE WRIT PETITIONS ARE FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES ...
M/s. National Insurance Company Limited Vs. Sayed Allauddin and Anothe ...
Court: Karnataka Dharwad
Decided on: Dec-03-2014
(Prayer: This Miscellaneous First Appeal is filed under Section 173(1) of Motor Vehicles Act, 1988, against the judgment and award dated 04.02.2008 passed in M.V.C. NO.464/2004 on the file of the II Additional Civil Judge (Senior Division) and Additional Motor Accidents Claims Tribunal, Hubli, awarding a compensation of Rs.7,56,125/- with interest at 6% per annum from the date of petition till payment.) 1. The appeal is considered for final disposal at this stage. 2. The appellant is the Insurance Company, which had insured a vehicle involved in an accident. The appellant had insured the car, which had dashed against the two wheeler that was being ridden by the claimant - respondent No.1 herein. It transpires that he was working as a driver of a tanker and earning about Rs.6,000/- per month. The accident had taken place on 28.01.2004. It is claimed that as a result of the injuries to both his legs, face, eyebrows and left upper arm, he was admitted to hospital and he was an inpatie...
Chengalarayappa Kavali and Another Vs. The Deputy Commissioner Kolar D ...
Court: Karnataka
Decided on: Dec-03-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Quash The Order Dated 16.7.2014 Passed By The R-1 Vide Ann-A And Etc.) 1. This writ petition is filed challenging the order dated 16.07.2014 passed by the 1st respondent - Deputy Commissioner, Kolar District, Kolar, in exercise of the powers traceable to the provision contained under Sections 3 8s 5 of the Essential Commodities Act, 1955 (for short, the Act) and Clause 18 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (for short, 'Control Order'). 2. The Deputy Commissioner has ordered for forfeiture of 900 bags (450 quintals) of rice and has directed that the same be utilized for the purpose of distributing them to the cardholders through fair price depots under the public distribution system. He has further directed release of lorries after collecting the value of the lorries as determined by the Regional Transport Officer, Kolar. 3. Case o...
Chamundamma and Others Vs. Lakshmi and Others
Court: Karnataka
Decided on: Dec-03-2014
(Prayer: This Misc. First Appeal Is Filed Under Section 19(1) of the Family Courts Act, against the Judgment and Decree Dated:23.02.2011 Passed In O.S.No.39/2008 on the File of the Family Court, Mysore, Dismissing the Suit Filed for Declaration and Direction for Settlement of Death Benefits.) 1. This appeal is by the aggrieved plaintiffs of O.S.No.39/2008 against the judgment and decree dated 23.2.2011 on the file of the Judge, Family Court at Mysore. 2. For the sake of convenience, the parties will be referred to as per their original status before the trial court. 3. Briefly stated the facts are, the plaintiffs filed a suit for declaration that, first plaintiff is the legally wedded wife and plaintiff Nos.2 and 3 are the children of deceased Javara Naika and sought for a direction against defendant Nos.4 and 5 to settle the death benefits arising on the death of Javara Naika, who was a Police Constable working in K.S.R.P., DAR, Mysore. Their case was, they are the legally wedded wife...
Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Sw ...
Court: Karnataka
Decided on: Dec-03-2014
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ declaring that S.53-A of the Code of Criminal Procedure is unconstitutional and ultra vires the Constitution of India; quash the impugned notice dated 18.10.2014 issued by the 2nd respondent produced as Annexure-'S'.) 1. The constitutional validity of S.53-A of the Code of Criminal Procedure, 1973 (for short the 'Code'), is in issue, in this writ petition. That apart, there is challenge to a police notice dated 18.10.2014, as at Annexure-'S', whereby, the second respondent called upon the petitioner to appear at 9.00 a.m., on 21.10.2014, in empty stomach, for medical examination at Victoria Hospital, Bengaluru. 2. Section 53-A of the Code, which was inserted by Act No.25 of 2005, with effect from 23.06.2006, reads as under: "S.53A. Examination of person accused of rape by medical practitioner.- (1) When a person is arrested on a charge of committing an offence of rape or an ...
Muneer M.K.H. Vs. Bruhat Bangalore Mahanagara Palike (BBMP), Bangalore ...
Court: Karnataka
Decided on: Dec-03-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to set aside the Notice dtd. 12.11.2014 issued by the R-2 vide Annex-E and Etc.,) 1. Sri. Sandeep Patil, learned Counsel takes notice for respondents 1 and 2. 2. Petitioner, owner of land measuring 1 acre 1 gunta bearing old Sy. No.53, new Sy. No. 111 of Hennur [HBR Division 24], having purchased the same for a valuable consideration under a sale deed dated 8.3.2006 from its erstwhile owners, instituted O.S.7433/1998 arraigning officers of the Bangalore Development Authority, for short 'BDA', as defendants, who, during the year 1998 tried to interfere with the petitioner's peaceful possession and enjoyment of the property by demolishing the structure thereon. Issues when framed, issue No.3 related to whether Defendant No.3 i.e., the 'BDA' proves that the suit schedule properties were acquired validly and stood vested with it? In that suit, it is stated that plaintiff introduced in evidence ...
M/S National Insurance Co Ltd Vs. Sayed Allauddin
Court: Karnataka Dharwad
Decided on: Dec-03-2014
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE3D DAY OF DECEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY Miscellaneous First Appeal No.5756/2008 (MV) Between : M/s. National Insurance Company Limited By Its Divisional Office Opposite Glass House, B. B. Road Hubli Now Represented by its Regional Office No.144, Shubharam Complex M. G. Road, Bangalore, Represented by its Administrative Officer. (By Smt. Aruna Deshpande, Advocate) And :1. Sayed Allauddin S/o. Sayyed Nizamuddin Age 44 Years, Occ. Business R/o. EWS167 Navanagar Hubli 2. Sayed Mohammed Adhan S/o. Sayyed Salahuddin Age. Major Appellant 2 Occ : Owner Of Vehicle No.KA25N-374, R/o. M/IG No.4, Navanagar, Hubli. Respondents (By Shri Dinesh M. Kulkarni, Advocate for Caveator Respondent No.1; Respondent No.2 Notice dispensed with vide order dated 30.05.2013) This Miscellaneous First Appeal is filed under Section 173(1) of Motor Vehicles Act, 1988, against the judgment and award dated 04.02.2008 pass...
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