Karnataka Court February 2014 Judgments
Union of India Represented by the Secy to Govt. of India and Others Vs ...
Court: Karnataka
Decided on: Feb-17-2014
(Prayer: This R.F.A. is filed under Section 96 CPC. against the judgment and decree dated 06.03.2002 passed in 0.S.No. 1357/82 on the file of the XVI Additional City Civil and Sessions Judge, Bangalore, decreeing the suit for permanent injunction and etc. 1. This regular First Appeal is filed challenging the judgment and decree dated 06.03.2002 passed by the XVI Additional City Civil and Sessions Judge, Bangalore, decreeing O.S.No. 1357/1982 declaring that the plaintiffs - respondents herein were the full and absolute owners of the suit schedule properties and directing the defendants - Union of India and the Authorities of the Defence Department - appellants 1 to 4 herein to hand over the actual physical possession of the suit schedule properties to the plaintiffs, along with costs of the suit. 2. The suit schedule properties consists of Sy.No.7 measuring 1 acre 21 guntas, Sy.No.23 measuring 2 acres 4 guntas and Sy.Nos.32 to 36 admeasuring 3 acres 37 guntas, all situated in K.G.Byadar...
Tag this Judgment!T. Thimme Gowda Vs. the State of Karnataka, Represented by Its Princip ...
Court: Karnataka
Decided on: Feb-17-2014
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the proceedings dated 26.12.2013 issued by the 1st respondent vide Annexure-D.) 1. Petitioner is working as Chief Engineer in the Karnataka Urban Water Supply and Drainage Board, Bangalore (for short, the Board'), having been appointed as such on 09.12.2013. In this writ petition, he is questioning the legality and correctness of the order dated 26.12.2013 issued by the State Government, by which he is transferred from the post in which he was working as Chief Engineer (South), Bangalore, with a direction to report to the Managing Director of the 2nd respondent-Board until further orders for his posting. In his place, the 3rJ respondent - M.Rangadhamaiah working as Chief Engineer, Karnataka Urban Water Supply and Drainage Board, Gulbarga, on independent charge is transferred and posted with immediate effect. This order dated 26.12.2013 which is produced at Annexure-D is called...
Tag this Judgment!K.S. Upadhya Vs. the Commissioner and Another
Court: Karnataka
Decided on: Feb-17-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 of the Constitution of India, With A Prayer To Quash The Order Vide Annexure-A Dated 15.06.2013 By The 1st Respondent And The Order Dated 19.11.2007 By The 2nd Respondent Vide Annexure-B. And ETC.,) 1. The petitioner is before this Court assailing the order dated 15.06.2013 passed in Miscellaneous 10-A/2012-13/ADM/7 RP 10/2010-11 by the first respondent as aisc the order dated 19.11.2007 passed by the second respondent. The petitioner is also seeking for a mandamus to direct the second respondent to appoint the petitioner as a Managing Hereditary Trustee of Sri Mahishamardini Temple, Kadiyaii Udupi. 2. The brief facts to be noticed is that the petitioner claims that he is a hereditary trustee in respect of Sri Mahishamardini temple, Kadiyaii, Udupi. With regard to the order dated 19.11.2007 (Annexure-B) wherein the petitioner's claim had been declined, the petitioner had assailed the same before this Court in W.P.No.6255/2...
Tag this Judgment!Kalpatharu Rural Recreation and Sports Club Vs. the State of Karnataka ...
Court: Karnataka
Decided on: Feb-14-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, With A Prayer To Direct The Respondents/Police Not To Interfere With The Activities Of The Petitioner's Association And Not To Insist The Petitioner To Obtain License/Permission To Conduct The Skilled/Indoor Games Especially Like Rummy, Jackpot And Best Of Seven.) 1. Learned Government Advocate to accept notice for respondents No. 1 to 4. He is permitted to file memo of appearance in four weeks. 2. The petitioner is before this Court seeking for a direction to respondents No.2 to 4 herein not to insist upon the petitioner-Club to obtain the licence for the cultural activities carried on by the petitioner in the club premises as per the legal requirements. 3. The petitioner claims to bea recreational club wherein the members of the club are permitted to play games of recreation such as rummy, carrom, chess etc. It is therefore the contention that no unlawful activity is being carried on in the ...
Tag this Judgment!Manikrao and Others Vs. the State of Karnataka by Its Secretary Depart ...
Court: Karnataka Gulbarga
Decided on: Feb-14-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Impugned Order Dated 08.02.2006 Passed By The 4th Respondent Vide Annexure-F And Also The Allotment Letter Daetd 13.03.2006 Made In Favour Of The 5th Respondent Vide Annexure-G And ETC.) 1. Petitioners 1(a) to 1(c) are the legal representatives of Manikrao S/o Channabasappa Boral. He made an application to the 4th respondent - Karnataka Housing Board for allotment of house on 23.06.1995. Petitioners were allotted house bearing No.38/A MIG at Kotnoor, Gulbarga, on 16.08.1999 with certain terms and conditions. The lease cum sale agreement was entered into between the petitioners and the 4th respondent - Housing Board as per Annexure-C dated 08.10.1999. By that time, petitioners had already deposited a sum of Rs.73,625.25 paise. The total cost of the property provisionally fixed was Rs.2,94,500.00 paise. However, it is made clear that the cost is liable for variation on certai...
Tag this Judgment!Kalpatharu Rural Recreation and Sports Club Vs. the State of Karnataka ...
Court: Karnataka
Decided on: Feb-14-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, With A Prayer To Direct The Respondents/Police Not To Interfere With The Activities Of The Petitioner's Association And Not To Insist The Petitioner To Obtain License/Permission To Conduct The Skilled/Indoor Games Especially Like Rummy, Jackpot And Best Of Seven.) 1. Learned Government Advocate to accept notice for respondents No. 1 to 4. He is permitted to file memo of appearance in four weeks. 2. The petitioner is before this Court seeking for a direction to respondents No.2 to 4 herein not to insist upon the petitioner-Club to obtain the licence for the cultural activities carried on by the petitioner in the club premises as per the legal requirements. 3. The petitioner claims to bea recreational club wherein the members of the club are permitted to play games of recreation such as rummy, carrom, chess etc. It is therefore the contention that no unlawful activity is being carried on in the ...
Tag this Judgment!Yamanappa Vs. the State of Karnataka and Others
Court: Karnataka Gulbarga
Decided on: Feb-14-2014
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue writ of mandamus or any other writ or order, directing the respondents to constitute the Land Tribunal in respect of Sindhanur Taluk of Raichur District within a time bound period, in the interest of justice of equity.) 1. The only grievance of the petitioner is that the Land Tribunal is not constituted at Sindhanur and consequently the petitioner's matter bearing No.LRM/TNC/1774/75-76 is not heard till this day. 2. The petitioner's application came to be rejected at the earlier instance by the Land Tribunal, Sindhanur. The same was challenged before this Court in WP.No.42882/2002(LR), which came to be allowed on 14.7.2008 and the matter came to be remanded to the Land Tribunal for fresh disposal in accordance with law. Till this day, the said matter is not taken up by the Land Tribunal. On verification, the petitioner came to know that the Land Tribunal is not constituted in ...
Tag this Judgment!Kantharaju Vs. State of Karnataka by Sho J P Nagar Ps
Court: Karnataka
Decided on: Feb-14-2014
(Prayer: Crl.P Filed U/S.438 Cr.P.C By The Advocate For The Petitioner Praying That This Hon'ble Court May Be Pleased To Enlarge The Petitioner On Bail In The Event Of His Arrest In Cr. No.29/2013 Of J.P.Nagar P.S., Bangalore City, Which Is Registered For The Offence P/U/S 415,418,420,425,464,468 Of IPC.) 1. This is the petition filed by the petitioner - accused under Section 438 of the Cr.P.C. seeking anticipatory bail and to direct the respondent - police to release him on bail in the event of his arrest for the offences punishable under Sections 415, 418. 420, 425, 464, 468 of IPC registered in the respondent - police station in Crime No.29/2013. 2. The brief facts of the case as per the averments in the complaint is that during the year 2011 accused is said to have borrowed hand loan of Rs.2,50,000/- and thereafter as repayment was not done, the accused issued cheque in favour of the Complainant. When the same was presented with the Dank, it has been dishonoured with an endorsement...
Tag this Judgment!Sri Muniraikumar A.M. and Others Vs. the State of Karnataka and Others
Court: Karnataka
Decided on: Feb-14-2014
(These petitions are tiled under Article 226 of the Constitution of India, praying to quash the Karnataka Private aided Educational Institutions Employees (Regulation of- pay, pension and other benefits) Bill, 2014, produced at Annexure-Y. These petitions coming on for preliminary hearing this day, the Court made the following:) 1. Challenge in these writ petitions is to the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Bill 2014 (for short, 'Bill') passed by the Karnataka Legislative Assembly and the Karnataka Legislative Council. 2. It is unnecessary to notice the factual aspects and the rival contentions in view of the preliminary objection raised by Smt. Rafeeunisa, learned HCGP that the Court has no jurisdiction to determine whether thebill is a valid piece of legislation or not. In reply Sri. M.P. Sreekanth, learned advocate for the petitioners contended that the impugnedbillhaving received the assent of the Governor on...
Tag this Judgment!Naseer Ahmed Vs. the Director, Esi Corporation and Others
Court: Karnataka
Decided on: Feb-13-2014
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the complaint Annexure-K dated 02.09.2013 in C.C. No. 176/2013 filed u/S 200 of Cr.P.C. of respondent ESIC alleging commission of offence u/S 85(a) against petitioner and consequently the summons Annexure-L dated 07.09,2013 in C.C.No. 176/2013 issued by the Economic Offences Court, Bangalore.) 1. Petitioner, one of the directors of M/s Bombay Rayon Fashions Limited-Unit 16, (for short 'company'), a Company incorporated under the Companies Act, 1956 and registered in the State of Karnataka, when accused of commission of offence of failure to pay contribution under The Employees' State Insurance Act, 1948 ('the Act' for short) which he was liable to pay under Section 85(A) of the Act, in C.C.No. 176/2013 before the Special Court Economic Offences, Bangalore, instituted by the respondent, and over which cognizance was taken and summons issued, has presented this petition for a wri...
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