Karnataka Court March 2014 Judgments
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M. Muniyappa Vs. M. Krishnappa
Court: Karnataka
Decided on: Mar-01-2014
(Prayer: This R.S.A. is filed under Section 100 of the C.P.C., against the judgment and decree dated 18.01.2005 passed in R.A.No.29/1998 on the file of the Civil Judge (Sr.Dn) and JMFC., Chintamani, dismissing the appeal and confirming the judgment and decree dated 09.06.1998 passed in O.S.No.351/1991 on the file of the Civil Judge (Jr.Dn), Chintamani.) 1. The unsuccessful plaintiff in O.S. 351/1991 on the file of the Civil Judge (Jr.Dn.), Cliintamani, is before this Court in this second appeal questioning the legality and correctness of the concurrent judgment of the courts below dismissing the suit filed by him for possession of the suit premises and also for damages. 2. The subject matter of the suit is a portion of the premises bearing Municipal Khatha No. 1519/6841 measuring East-West: 15 ft. and North-South: 11 ft. situated in 5th Division. MNT Circle, Mehaboobnagar, Chintamani Town. 3. The appellant/plaintiff filed suit seeking a decree against the defendant for vacating the sui...
Muniswamaiah and Others Vs. the State of Karnataka, Represented by Its ...
Court: Karnataka
Decided on: Mar-01-2014
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash the preliminary notification dated 30.12.1991 vide Annexure-A and gazetted on 20.2.1992 and final notification dated 14.10.1993 gazetted on 4.11.1993 vide Annexure-B by second respondent and first respondent respectively, as the same are illegal contrary to the provisions of the Land Acquisition Act as well as the Karnataka Housing Board Act and etc;) (Prayer: This Writ Petition filed under Article 226 of the Constitution of India praying to quash vide Annexure-C dated 30.12.1991 and Annexure-D dated 14.10.1993 by first respondent in so far as it relates to the petitioner and etc;) (Prayer: These Writ Petitions filed under Article 226 of the Constitution of India praying to quash the preliminary notification dated 31.3.2001 vide Annexure-A the second respondent's order dated 13.11.2001 vide Annexure-C the first respondent final notification dated 10.5.2002 vide Annexure-D in so far as ...
C. Kempanna and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Mar-01-2014
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No. 10218/2005 dated 31/07/2012.) 1. This appeal is filed questioning the validity and legality of the order passed in Writ Petition No. 102 J 8/2005 dated 31.7.2012 by the learned Single Judge of this Court. 2. The appellants in the Writ Petition challenged the order dated 7.12.2004 passed by the Land Tribunal, Nanjangud, in case No.LR4757/743-75 thereby dismissing their application filed for grant of occupancy rights in respect of 2 acre 25 guntas of land in Sy.No.447/1 and 1 acre 30 guntas in Sy.No.436/3 of Chunchanahalli village, Nanjangud taluk. They are the legal heirs of one Kempanna, who had filed an application in Form No.7 claiming occupancy rights in respect of the above lands under registered lease deeds executed by one Chikkalingappa, grandfather of third respondent - Gurupadaswamy. The writ petitioner expired during the pendency of ...
T. Nagaraju and Others Vs. the State of Karnataka and Another
Court: Karnataka
Decided on: Mar-01-2014
(Prayer: This Crl.P Is Filed U/S.482 Cr.P.C Praying To Quash The Proceedings Against The Petrs. In C.C.No.897/2013 (In Cr. No. 150/2013) Pending On The File Of J.M.F.C.-Iii, Mysore As Per The Charge Sheet Filed By The First Respondent Police An To Acquit The Pet R. From the Alleged Offences.)1. This petition which is filed seeking quashing of the proceedings pending in CC.No.897/2013 on the file of Court of JMFC (III), Mysore, arising out of Crime No. 150/2013 of Saraswathipuram Police Station for offences punishable under Sections 323, 504, 506 r/w 149 of IPC, has come up this day for admission. 2. Heard the counsel for petitioners as we'll as Government Pleader on behalf of respondent regarding admission. Perused the grounds of petition as well as the order sheet maintained in CC.No,897/2013 on the file of Court of JMFC (III), Mysore, complaint, FIR, charge sheet, statements of witnesses and other material available on record. Admittedly, the proceeding initiated pursuant to complain...
Parvathamma and Another Vs. Narayanappa @ Pillappaiah and Another
Court: Karnataka
Decided on: Mar-01-2014
(Prayer: This Rsa Is Filed U/S 100 Of Cpc, Against The Judgement and Decree Dtd:21.8.2009 Passed In R.A.No.61/2009 On The File The Iii Addl. Civil Judge (Sr.Dn) Kolar, Dismissing The Appeal Filed Against The Judgement And Decree Dtd:20.2.2009 Passed In O.S.No.365/2004 On The File Of The Prl. Civil Judge (Jr.Dn) Kolar.) 1. This appeal is by the plaintiffs against the concurrent findings of fact dismissing the suit for injunction by the trial Court and the Lower Appellate Court. 2. Appellants instituted O.S.365/2004 before the Prl.Civil Judge (Jr.Dn), Kolar on 23.9.2004 to restrain respondents arraigned as defendants 1 and 2, respectively, from interfering with the enjoyment of 'A' and 'B' schedule property viz., right of way over the road demarcated with alphabets ABCD in the Sketch appended. The plaint averments are that the plaintiffs are the absolute owners, in possession and enjoyment of the house property described in 'A' schedule, engaged in agriculture and vendi...
A. Devegowda Vs. Ramachandra Gowda and Others
Court: Karnataka
Decided on: Mar-01-2014
Order on I.A.Nos.2/2012 and 1/2013 1. I.A.No.2/2012 is filed by the returned candidate (respondent no.1) to dismiss the election petition for not stating the material facts in the Election petition and for non-disclosure of cause of action. I.A.No.1/2013 is also filed by him to strike down several paragraphs in the Election petition on the ground that they are devoid of material facts. 2. I have heard the learned counsel for the petitioner and respondent no.1 and examined the matter in the light of the decisions referred to by them. 3. In the Election petition, the petitioner has challenged the election of respondent no.1 to the Karnataka Legislative Council from the Bangalore Graduates' Constituency. The polling was held on 10.06.2012 and respondent No.1 was declared elected on 14.06.2012. The petitioner was also one of the candidates sponsored by Janata Dal (secular) and the returned candidate was sponsored by Bharatiya Janata Party. It is stated that respondent no.1 got elected by a...
Executive Engineer and Another Vs. S.N. Jayaram and Another
Court: Karnataka
Decided on: Mar-01-2014
(Prayer: This M.F.A. is filed under Section 54(1) of CPC, against the judgment and award dated 28/07/2012 passed in LAC.NO.2/2003 on the file of the Senior Civil Judge and JMFC., Chintamani, sitting at Sidlaghatta, allowing the Reference Petition filed U/s. 18 of the Land Acquisition Act for enhanced compensation and to modify the same.) (Prayer: This M.F.A. is filed under Section 54(1) of Land Acquisition Act, against the judgment and award dated 28/07/2012 passed in LAC.NO.2/2003 on the file of the Senior Civil Judge and JMFC., Chintamani, sitting at Sidlaghatta, allowing the Petition for enhanced compensation and seeking further enhancement of compensation.) 1. These two appeals by the State- Executive Engineer, Minor Irrigation, Kolar and by the claimant are directed against the same judgment and award dated 28/07/2012 passed in LAC.NO.2/2003, by the Senior Civil Judge and JMFC, Chintamani, sitting at Sidlaghatta. 2. The Reference Court, by its judgment and award, has enhanced comp...
Nuziveedu Seeds Private Limited Vs. Metahelix Life Sciences Private Li ...
Court: Karnataka
Decided on: Mar-01-2014
(Prayer: This Company Petition filed under Seciion 433(e) and (f) read with Section 434 of the Companies Act, 1956, praying to wind up the respondent - Methahelix Life Sciences Private Limited, having its registered office at Plot No.3,KIADB, 4th Phase, Bommasandra, Bangalore - 560 009 and grant such other and further reliefs as are just and etc;) 1. The petitioner, a company incorporated under the Companies Act 1956 (Hereinafter referred to as the 'Act', for brevity), has its registered office at Hyderabad. It is said that it was earlier known as M/s Nuziveedu Seeds Limited and thereafter as M/s Nuziveedu Seeds Private Limited and had further changed its name as M/s NSL Renewable Power Private Limited. The respondent is a company incorporated under the Act, having its registered office at Bangalore. 2. It is stated that the petitioner and the respondent had entered into a contract dated 3.12,2001, whereby the respondent was to develop certain transgenic cotton lines carrying the genes...
Benaka Educational Society, Muneshwara Block and Others Vs. State of K ...
Court: Karnataka
Decided on: Mar-01-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash Annexure-G the Notification dated 8.2.2012, issued by the first respondent in UDA 325 BLA 2011.) (Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to quash the notification dated 8.2.2012, vide Annexure-S issued by the first respondent, withdrawing the de notification dated 12.1.2010.) (Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash Annexure-D the Notification dated 8.2.2012 issued by the first respondent.) These petitions are disposed of by this common order as the issues that arise for consideration are identical. Re. WP 22971/2012 The petitioner claims as the absolute owner of land bearing Survey no. 117, measuring about 1 acre, situated in Jarakbande Kaval, Yeshwanthpur Hobli, Bangalore North Taluk. The petitioner claims vo have acquired the same under a Will dated 2...
G. Chandrakant and Others Vs. the Bruhath Bangalore Mahanagara Palika ...
Court: Karnataka
Decided on: Mar-01-2014
(Prayer: These Petitions Are Filed Under Article 226 of the Constitution Of India, Praying To Call For The Records Relating "To, Concerning And Connected With The Impugned Stereo-Typed And Similarly Worded Orders Of Even Date 18,2.2014 Vide Annexures - E, El To E27 Respectively Issued By The 2nd Respondent, Peruse The Same And Declare And Quash The Said Orders As De/Oid Of The Authority Of Law, Etc.) 1. The petitioners claiming to be the purchasers of residential flats in the building called 'Bysani Skyway Apartment', constructed and sold by the 6th respondent, having been called upon by the 2nd respondent, by issue of individual notices dated 18.02.2013 vide Annexures-E, El to E27, to evacuate from and vacate the respective residential apartment and that on failure to do so within seven days, action in accordance with law would be taken, feeling aggrieved, filed these writ petitions to quash Annexures-E, El to E27. 2. A building plan was sanctioned and licence was issued by the B3MP...
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