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Karnataka Court August 2014 Judgments

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Aug 14 2014

Sunith Kumar v S/O Vijay Kumar Vs. Icici Lombard General Insurance Co ...

Court: Karnataka

Decided on: Aug-14-2014

1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE14H DAY OF AUGUST, 2014, : BEFORE : THE HONBLE MR. JUSTICE N.K. PATIL M.F.A.No.9176 OF2009(MV) Between: Sri. Sunith Kumar.V, S/o. Sri. Vijay Kumar, Aged about 19 years, R/o. No.7/47, I Main Road, Manjusree Nilaya, Laxmisagar Layout, Mahadevapura, Bangalore-48. ... Appellant (By Shri. K.V. Girish, Advocate) And:1. ICICI Lombard General Insurance Co. Ltd., No.89, 2nd Floor, Above Airtel Office, Hosur Main Road, Madiwala, Bangalore. By its Manager.2. Sree D.K. Mohan, Major, No.264, Srinivasa Nilaya, Devasandra, Krishnarajapuram, Bangalore-36. ... Respondents (By Shri. B.Pradeep, for Shri. B.C. Shivannegowda, Advocate for R1; R2 served) ***** This MFA is filed U/S1731) of MV Act, against the Judgment and Award dated:21. 10/2008 passed in MVC No.1467/2008 on the file of the V Additional Judge, Member, 2 Motor Accident Claims Tribunal, Court of Small Causes, Mayohall Unit, Bangalore (SCCH-20), dismissing the claim petition for com...


Aug 14 2014

Sri. s.k. Suresh Vs. The Principal Secretary

Court: Karnataka

Decided on: Aug-14-2014

R - 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE14H DAY OF AUGUST, 2014 PRESENT THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON' BLE MR. JUSTICE H.G. RAMESH W.P. No.47235/2013 (GM MMS) BETWEEN: Sri.S.K.Suresh, S/o. S.N.Krishnan, Aged about 52 years, R/at Block A Gate A, A104 18/2, 13th Cross, J.P.Nagar, Bangalore. ...PETITIONER (By Shri. Ashok Haranahalli, Senior Counsel for Sri. Raghavendra Kattimani Advocate for Petitioner) AND:1. The Principal Secretary, Department of Mines & Geology, M S Building, Bangalore 560001.2. The Director, Department of Mines & Geology, Khanija Bhavan, Race Course Road, Bangalore 560001.-. 2 - 3. The Senior Geologist, Department of Mines & Geology, Mineral Division, Chikkamagalur Taluk & District 577 101.4. The Joint Director Department of Mines & Geology Saraswathipuram, Mysore 570007.5. The Deputy Conservator of Forest, Bhadravathi Division, Bhadravathi Shimoga District 577 201 ...RESPONDENTS (Sri. Narendar.G, Additional Gove...


Aug 14 2014

Mahaboob Bi W/O Mohammed Peer Sab Vs. Sharfunnisa Dead by Lrs

Court: Karnataka

Decided on: Aug-14-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE14H DAY OF AUGUST2014BEFORE THE HONBLE Dr.JUSTICE JAWAD RAHIM R.S.A. No.1053/2009 c/w R.S.A.1052/2010 IN R.S.A.No.1053/2009 BETWEEN MAHABOOB BI W/O MOMHAMMED PEER SAB D/O LT ABDUL KHADER AGED63YEARS R/A NO.1727/A, IST FLOOR RAMANAGARAM TOWN. ..APPELLANT (By Sri G L VISHWANATH & MANASA) AND1 SHARFUNNISA SINCE DEAD BY LRS1. GHOUSE MOHIUDDIN, AGED ABOUT77YEARS1. SHANAZA BEGUM, AGED ABOUT48YEARS1. MAHATHAB PARVEEN, AGED ABOUT37YEARS1. MAHABOOB JAN, AGED ABOUT52YEARS1. ABDUL KHADER, AGED ABOUT33YEARS1. MUHAMMED ZAKIRA, AGED ABOUT30YEARS1 BEING THE HUSBAND AND1 TO1 ARE THE CHILDREN OF LATE SMT. SHARFUNNISSA. ALL ARE RESIDING AT NO.26, NEAR RBI COLONY, ANANDANAGAR, BANGALORE 24. *PAGES1TO4CORRECTED & REPLACED VIDE COURT ORDER DT:20. 02.2015 2 2. MUMTAZ BI D/O ABDUL KHADER MAJOR, R/A KUMANDAN MOHALLA RAMANAGARAM TOWN AGED ABOUT65YEARS.3. FATHIMA BI, SINCE DEAD BY LRS. 3a. PEER AHMED, HUSBAND OF FATHIMA BI3. MOHAMMED MUNEER, AGED ABO...


Aug 14 2014

Lt Col Rajiv Shankar Vs. Soumya Nair

Court: Karnataka

Decided on: Aug-14-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE14H DAY OF AUGUST, 2014 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.12336/2014 (GM-FC) BETWEEN: Lt Col. RAJIV SHANKAR S/O MAJ GEN (RETD) B. SIVASANKAR, VSM AGED ABOUT35YEARS PRESENTLY POSTED AT505ARMY SERVICE CORPS BATTALLION C/O99APO AND PERMANENT RESIDENT OF TC-4/341(1) CHITTALLOOR COLONY AMBALAMUKKU - MUTTADA ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM, KERALA STATE 695 003. ... PETITIONER (BY SRI MURTHY DAYANAND NAIK, ADV.) AND:1. SOUMYA NAIR D/O LATE T.A. DIVAKARAN AGED ABOUT30YEARS WORKING AT ADVANTAGE SENIORS COUNSULTING LLP NO.216/B, 60 FEET ROAD NEAR BDA COMPLEX1T STAGE, INDIRANAGAR BANGALORE-560 038.2. 2 ROSHAN JACOB AGED ABOUT52YEARS WORKING AT ADVANTAGE SENIORS CONSULTING LLP, NO.216/B, 60 FEET ROAD, NEAR BDA COMPLEX1T STAGE, INDIRANAGAR BANGALORE-560 038. ...RESPONDENTS (BY SRI R.A. DEVANAND, ADV. FOR R1; SMT. H.Y. NEETHA FOR M/s. MAHESH & CO., ADVS. FOR R2) THIS PETITION IS FILED UNDER ...


Aug 14 2014

Hmt Watches Ltd Vs. G Suresh Kumar

Court: Karnataka

Decided on: Aug-14-2014

1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE14H DAY OF AUGUST2014BEFORE THE HONBLE MR. JUSTICE ASHOK B. HINCHIGERI WRIT PETITION Nos.31044-31051/2014 (GM-RES) BETWEEN: HMT Watches Ltd., A wholly owned subsidiary of HMT Ltd., Having its registered office at No.59, Bellary Road, Bangalore 560 032. By its wholly owned subsidiary namely HMT Ltd., A company incorporated Under the Indian Companies Act, 1956, Having its registered office at No.59, Bellary Road, Bangalore 560 032. Represented herein by its General Manager, Now represented by its Joint Technical Manager, HMT Watch Factory, Bangalore. Petitioner (By Sri Joshua Hudson Samuel, Advocate) AND:1. 2. M.C.Pommappa, G.Suresh Kumar, S/o D.G.Desigan, Aged about 52 years, Proprietor of Janakshi Enterprises, No.1/6, Jyothi Industrial Complex, Bangalore 560 015. S/o M.P.Chinnappa, 2 Age Major, Proprietor, Manjunatha Enterprises, R/at No.401, Sri Shivajyothi, Muthyalanagara, MES Road, Bangalore 560 054. S/o Chikkanna, Ag...


Aug 13 2014

The Executive Engineer KPTRCL (BESCOM) and Another Vs. Thippeswamy

Court: Karnataka

Decided on: Aug-13-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Quash The Order Dtd.28.8.2013 Passed In Misc.451/2012 (Annex-A) Of The Learned Principal District and Sessions Judge, Chitradurga.) 1. Order dated 28.08.2013 passed in Misc.No.451/2012 by the learned Additional District and Sessions Judge, Chitradurga, determining the compensation payable to the land owner - respondent herein for the damage sustained by him to the land and trees on account of 400 K.V. High Tension circuit electricity line drawn by the 1st petitioner - Karnataka Power Transmission Corporation Limited (for short, 'the KPTCL') is challenged in this writ petition by the KPTCL and its officials. 2. Facts leading to this case, stated in nutshell, are that the respondent is the owner of land bearing Sy.No.137/2 situated at Beerenahally Village, Hiriyur Taluk, Chitradurga District, measuring 3 acres. The KPTCL has drawn high tension electricity line over the land of the res...


Aug 12 2014

Elixir Enterprises and Hotels Private Limited Vs. M. Fuaad Musvee and ...

Court: Karnataka

Decided on: Aug-12-2014

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the impugned order dated 23.4.2011 passed by the Principal District and Sessions Judge, Bangalore in Misc. No.324/2008 at Annexure-F.) 1. These writ petitions are disposed of by this common order as the petitioners are aggrieved by the same order. The brief facts leading up to these petitions are as follows. 2. The petitioner in the first of these petitions is a private limited company. The petitioner in the second of these petitions is said to be the Muthavalli of a private trust created under Mohammedan law, (Wakf-TJl-Aulad), known as the Mohammed Musa Sait Wakf. The said Muthavalli had approached the Court of the Principal City Civil and Sessions Judge at Bangalore, invoking its power as the 'Kazi' (a 'religious' judge working under the guidance of the Shariat), which role has come to be conferred on trie civil court, by judicial precedent commencing with the decision o...


Aug 12 2014

Elixir Enterprises and Hotels Private Limited Vs. M. Fuaad Musvee and ...

Court: Karnataka

Decided on: Aug-12-2014

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the impugned order dated 23.4.2011 passed by the Principal District and Sessions Judge, Bangalore in Misc. No.324/2008 at Annexure-F.) 1. These writ petitions are disposed of by this common order as the petitioners are aggrieved by the same order. The brief facts leading up to these petitions are as follows. 2. The petitioner in the first of these petitions is a private limited company. The petitioner in the second of these petitions is said to be the Muthavalli of a private trust created under Mohammedan law, (Wakf-TJl-Aulad), known as the Mohammed Musa Sait Wakf. The said Muthavalli had approached the Court of the Principal City Civil and Sessions Judge at Bangalore, invoking its power as the 'Kazi' (a 'religious' judge working under the guidance of the Shariat), which role has come to be conferred on trie civil court, by judicial precedent commencing with the decision o...


Aug 12 2014

M. Krishnappa Vs. K.T. Srinivas and Others

Court: Karnataka

Decided on: Aug-12-2014

(Prayer: This MFA is filed Under Order 43 Rule 1(R) R/W Sec. 151 Of CPC against the Order dated 29.5.2010 Passed on IA.No.1 in O.S.No.2000/2004 on the file of VII Additional City Civil Judge, Bangalore, allowing IA No.1 filed under order 39 Rule 1 And 2 of CPC for T.I.) 1. Controversy in this appeal revolves around grant of temporary injunction in favour of plaintiffs by allowing I.A.No.1 and restraining defendant Nos.1, 8, 10 to 17, their agents, servants or anybody on their behalf claiming through them from interfering with peaceful possession and enjoyment of suit property by plaintiffs and directing them not to put up any construction over suit schedule property during pendency of the suit. These defendants have also been directed not to put up any permanent structure in the suit property till further orders. 17th defendant being aggrieved by said order has preferred present appeal. 2. Factual matrix in brief leading to filing of this appeal can be crystallized as under; Plaintiffs...


Aug 12 2014

Elixir Enterprises and Hotels Private Ltd., Vs. Mr M Fuaad Musvee

Court: Karnataka

Decided on: Aug-12-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE12H DAY OF AUGUST2014 BEFORE: THE HONBLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.18382 OF2011(GM-CPC) CONNECTED WITH WRIT PETITION No.18383 OF2011(GM-CPC) IN W.P.No.18382/2011 BETWEEN: Elixir Enterprises and Hotels Private Limited, Having its registered office at No.135, Residency Road, Bangalore 560 025, Represented by its Managing Director, Mr. K.V.Kupparaju. PETITIONER (By Shri D.L.N.Rao, Senior Advocate for Shri. R.V.S.Naik, Advocate) AND:1. Mr. M.Fuaad Musvee, Son of Late M. Ebrahim Musvee, Aged 53 years, residing at No.17, Kothari Road, Chennai 600 034. 2 2. Mohammed Musa Saik Wakf, Having its registered office at No.22, Model School Road, Chennai 600 006, Represented by its Muthavalli, Mr. M.Muneer Sait. RESPONDENTS (By Shri. M.G.Javeed Ahmed Khan, Advocate for Respondent No.1 Shri. R. Sreedhar, Advocate for Respondent No.2 ) ***** This Writ Petition is filed under Articles 226 and 227 of the Constitution of Indi...


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