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Karnataka Court September 2014 Judgments

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Sep 03 2014

K.A. Haridas Vs. The Deputy Commissioner and Others

Court: Karnataka

Decided on: Sep-03-2014

(Prayer: This Writ Petition Filed Under Article 226 And 227 Of The Constitution Of India Praying To Quash The Order Dated 21.05.2014 Passed By The R-L (Annexure-B) And Also The Order Dated 16.11.2011 Passed By The R-2 In LND Sc St 21/09-10 (Annexure-A) And Etc.) 1. Challenge in this writ petition is to the order passed by Deputy Commissioner, Kolar, dismissing the appeal filed by petitioner and confirming the order passed by Assistant Commissioner, Kolar Sub-Division, Kolar directing resumption and restoration of the land in question under the provisions of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Land), 1978 ('the Act' for short). 2. Petitioner has purchased 2.00 acres of land, comprised in Sy.No.5 of Obalapura Village, Kasaba Hobli, Malur Taluk from the sons of original grantee by way of a registered sale deed dated 14.8.2002. Respondent No.3, who is one of the sons of the grantee, moved the Assistant Commissioner seeking resumption and rest...


Sep 03 2014

Sri. P K George Kutty S/O P v Kurian Vs. The Chief Secretary to Govern ...

Court: Karnataka

Decided on: Sep-03-2014

1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE03D DAY OF SEPTEMBER, 2014 PRESENT THE HON'BLE MR. JUSTICE K.L.MANJUNATH AND THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA W.A. NO.3634/2012(LA-KIADB) BETWEEN: SRI. P K GEORGE KUTTY AGED ABOUT46YEARS S/O P V KURIAN R/AT No.99, ARAMCHERY HOUSE, VAKEEL MARINA CLUB OPP JANAPRIYA APARTMENTS, KODICHIKKANAHALLI VILLAGE, BEGUR HOBLI, BLORE SOUTH TALUK, BANGALORE URBAN DIST. BLORE - 560076 ... APPELLANT (By Sri: MAHESH R UPPIN, ADV.) AND:1. THE CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE - 01 2.3. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPT OF INDUSTRIES & COMMERCE VIDHANA SOUDHA, BANGALORE - 01 THE MEMBER SECRETARY KARNATAKA INDUSTRIAL AREA DEVT. BOARD, No.14/3, 2ND FLOOR, RASHTROTHANA4 5. 2 PARISHATH BUILDING, NRUPATHUNGA ROAD, BANGALORE - 01 THE DEPUTY COMMISSIONER FOR LAND ACQUISITION KARNATAKA INDUSTRIA AREA DEVELOPMENT BOARD No.14/3, 2ND FLOOR, RASHTROTHANA PARISHITH BUILDING, NRUPATHUNGA ROAD, BA...


Sep 03 2014

Sri. k.a. Haridas Vs. The Deputy Commissioner

Court: Karnataka

Decided on: Sep-03-2014

1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE3D DAY OF SEPTEMBER2014BEFORE THE HON'BLE MR. JUSTICE B.S. PATIL WRIT PETITION NO.39827 OF2014[SCST]. BETWEEN: SRI K.A.HARIDAS S/O LATE K.M.ANJANEYAPPA60YEARS, R/AT DODDATOGURU VILLAGE KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT 563 130 ... PETITIONER (BY:SRI SANJAY GOWDA. N.S., ADVOCATE) THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR563101. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR563101 AND:1. 2.3. SRI CHOWDAPPA S/O MUNILINGA NAIKA, MAJOR, OBALPURA VILLAGE, KASABA HOBLI, MALUR TALUK KOLAR DISTRICT 563 130. ...RESPONDENTS (SRI D.ASHWATHAPPA, AGA FOR R1 AND R2) THIS WRIT PETITION FILED UNDER ARTICLE226AND227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED2105.2014 PASSED BY THE R-1 (ANNEXURE-B) AND ALSO THE ORDER DATED1611.2011 PASSED BY THE R-2 IN LND SC ST2109-10 (ANNEXUREA) AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:2. ORDER Challenge in this w...


Sep 03 2014

Sri. Hanumappa Vs. Yallakka

Court: Karnataka

Decided on: Sep-03-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE03D DAY OF SEPTEMBER2014BEFORE THE HONBLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.8815 of 2014 (GM-CPC) BETWEEN: Sri. Hanumappa, Son of Erabhovi, now 53 years, Resident of Suragondanahalli Village, Imangala Hobli, Hiriyur Taluk, Chitradurga District 577 501. PETITIONER (By Shri. Madhukar Nadig, Advocate) AND:1. Yallakka, Wife of Hanumappa, Now 48 years, 2. Manjula, 3. Daughter of Hanumppa, Now 24 years, Laxmi, Daughter of Hanumappa, 4.5. 6.7.8. 2 Now 22 years, (The respondent 1 to 3 are Resident of Adivala Bhovi Colony, Hiriyur Taluk, Chitradurga District 577 501. Sri. Chandrappa, Son of Era Bhovi, Now 38 years, Smt. Thippamma, Wife of Pujari Hanumaiah, Now 48 years, Smt. Laxmidevi, Daughter of Era Bhovi, Now 43 years, Smt. Kanumakka, Wife of Thimmaiah, Now 53 years, (the Respondent Nos. 4 to 7 Resident of Suragondanahalli Village, Imangala Hobli, Hiriyur Taluk) Chitradurga District 577 501. Sri. Puttagangaiahnavar, S...


Sep 02 2014

Leela Gangappa and Another Vs. M. Madhu and Others

Court: Karnataka

Decided on: Sep-02-2014

(Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to call for the records in O.S.No.8523/2002 pending on the file of XXXVIII Additional City Civil and Sessions Judge, [Court Hall No.39] Bangalore and to set aside the orders dated 26.9.2013 passed on I.A.No.9 in O.S.No.8523/2002 vide Annexure-A.) 1. The facts of the case are as follows: 2. The first respondent herein, is said to have filed a civil suit for partition and separate possession of the suit schedule properties, in case no.OS 8532/2002 on the file of the Court of the Principal City Civil and Sessions Judge, Bangalore. The present petitioners are said to be arraigned as Defendants no.1 and 2 therein. The other respondents 2 to 7 herein are the other defendants in the suit. It is the case of the petitioners that the following is the genealogical tree of the joint family : (Chart) 3. The parties are referred to by their rank assigned to them before the trial court for the sake of co...


Sep 02 2014

The Selection Committee of the Assistant Public Prosecutors-Cum- Assis ...

Court: Karnataka

Decided on: Sep-02-2014

(Prayer: These Petitions Are Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Order Passed By The Respondent No.1 Dated 03.12.2010 Pertaining To The Case Nos. Kic 2824 Ptn 2010 C/W Kic 3139 Ptn 2010, Kic 3513 Ptn 2010, Kic 3131 Ptn 2010, Kic 5358 Ptn 2010 and Kic 3778 Ptn 2010, At Annexure -A.) 1. Government of Karnataka had issued a Notification dated 18.06.2009 vide Annexure- C, inviting applications for recruitment of 144 vacant posts of Assistant Pubic Prosecutors cum Assistant Government Pleaders in the Dept. of Prosecutions and Government Litigation. 2. Petitioner - Committee was constituted vide Annexure- B for conducting recruitment process. Written examination was held on 07.11.2009 and 08.11.2009. Respondents 2 to 7 made applications seeking furnishing of copies of their respective answer books and related information. In view of the a resolution passed by the petitioner, in the meeting held on 30.11.2009 vide Annexure-D, a Notification date...


Sep 02 2014

Thabagouda and Others Vs. Satteppa

Court: Karnataka Dharwad

Decided on: Sep-02-2014

(Prayer: This Review Petition is filed under Order 47 Rule 1 r/w. Section 114 of CPC. playing to review the judgment dated 7.9.2012, passed in RSA No.5985/2010 and modify the said judgment suitably, by allowing this review petition, etc.,) 1. Heard the learned counsel for the respective parties. 2. This review petition is filed against the judgment of the lower appellate Court fixing 1 /4th share in respect of the share of wife and her husband. Being aggrieved by the said judgment, second appeal has been preferred before this Court. The second appeal has been disposed of by this Court reversing the order of the lower appellate Court. 3. Before the trial Court, it appears among the children and the mother 1 /8th share was given. Being aggrieved by that order when the appellants viz., the respondents have preferred an appeal challenging granting l/8th share to the mother on the ground that the mother cannot have separate share other than the property available to the father. However, the...


Sep 02 2014

Vasavi Finvest Limited Vs. Jagadeesh Hegde

Court: Karnataka

Decided on: Sep-02-2014

(Prayer: This Criminal Appeal filed under Section 378(4) of the code of Criminal Procedure, 1973, by the advocate for the appellant praying to set aside the order of acquittal dated 24.10.2008 passed by the I Additional Civil Judge (Jr.Dn.) and Shimoga in C.C.No.569/2002 - acquitting the respondent/accused for the offence punishable under Section 138 of N.I.Act.) 1. Heard the learned counsel for the appellant. 2. This Court had directed re-construction of the records of the Trial Court in view of the circumstance that the records of the Trial Court have been destroyed. So far, there has been little progress in the re-construction of the records. In any event, the judgment of the Trial Court as well as the copy of the legal notice and the deposition of the complainant are available. From a reading of the judgment, there is sufficient material to consider the case on merits and therefore, the matter is taken up for consideration on merits. 3. It is to be noticed that the present appellan...


Sep 02 2014

The Union Of India Owning South Western Railway and Others Vs. M/s. Be ...

Court: Karnataka

Decided on: Sep-02-2014

(Prayer: This Petition Is Filed Under Section 115 Of Cpc Praying Against The Judgment And Decree Dated 11.04.2014 Passed In Ex.No. 1045/2013 On The File Of The Xix Addl. City Civil and Sessions Judge., Bangalore Ordering That The Memo Of Calculation Filed By Decree Holder Therein Is In Accordance With The Interim Award Passed By The Arbitral Tribunal Dated 27.02 2001 And Hence, Interest Calculated By The Decree Holder Therein, In His Memo Of Calculation Is Correct One And Judgment Debtors Therein Are Liable To Pay The Said Amount.) 1. Though matter is listed for admission, by consent of learned Advocates appearing for parties, it is taken up for final disposal. 2. Short point involved in this appeal is whether interim award passed by a Arbitral Tribunal would get merged with the final award or not? and, if it merges, the effect of such merger. 3. Facts in brief which has led to filing of this appeal by the Union of India can be crystallised as under: Respondent herein filed a claim sta...


Sep 02 2014

Gajalakshmi Vs. N. Nagaraja Reddy and Another

Court: Karnataka

Decided on: Sep-02-2014

(Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to call for records and to quash the order dated 16.8.2014 in P.and S.C.No. 143/2009 passed by the XXII Additional City Civil and Sessions, Bangalore, vide Annexure-F.) 1. The facts of the case are as follows: The petitioner is said to have sought for Letters of Administration in respect of the last will and testament of her paternal uncle, dated 5.5.1980 in a petition filed by her in this regard before the court of the XXII City Civil and Sessions Judge, Bangalore, in case no.P and SC 143/2009. The testator, Radhakrishna Reddy, is said to have bequeathed immovable property bearing no.65/1. 65/2 and 65/3, Industrial Suburb, Yeshwanthpur, Bangalore, and also a portion of the land bearing Sy.no.84 measuring 3 acres and 3 guntas and land bearing Sy.no. 83/1 measuring 12,500 Square feet of Jarakabande Kaval, Yeshwantpur, Bangalore, in favour of his widow, the second respondent herein- with a l...


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