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Karnataka Court September 2014 Judgments

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Sep 12 2014

M. Shashi Kala and Another Vs. M/s. Canara Nidhi Ltd. and Others

Court: Karnataka

Decided on: Sep-12-2014

(Prayer: These Petitions Are Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To QuashThe Order Dated 02.06.2010 Passed By The 1st Addl. District Judge, D.K., Mangalore On The Application Dated 17.03.2010, In A.S.No.1/2008, Pending On Its File, Vide Annexure-F.) 1. Dispute between the petitioners and the first respondent was referred to arbitration by the 2nd respondent. The Arbitrator made an award dated 15.12.2007 and directed the petitioners to pay Rs.63,82,802/- and interest on Rs.50,00,000/- at 14% from 11.08.2000 and cost of Rs.52,959/-. To set aside the said award, the petitioners filed A.S.No.1/2008, under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act' for short), in the Court of District Judge at Mangalore. The first respondent having filed written statement, resisting the case, issues have been raised on 09.12.2009. The petitioners filed an application, under Section 151 of CPC, to permit adduction of evidence. The application having bee...


Sep 12 2014

M Shashikala Vs. M/S Canara Nidhi Ltd.,

Court: Karnataka

Decided on: Sep-12-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE12H DAY OF SEPTEMBER, 2014 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NOS.18374-18375/2010 (GM-RES) BETWEEN:1. M. SHASHIKALA AGED ABOUT69YEARS, W/O. LATE B. RAGHAVA, PRESENTLY RESIDING AT SAI RESIDENCY, FLAT NO.101, CHILIMBI, LADY HILL, MANGALORE.2. CHITRALEKHA UMESH, AGED ABOUT41YEARS, RESIDING AT FLAT NO.102, OPP: URWA STORE, ASHOKNAGAR, MANGALORE 575 002. (BY SRI B.L. SANJEEV, ADV.) AND:1. M/s. CANARA NIDHI LTD., KODIALBAIL, MANGALORE BRANCH, REGD. OFFICE AT MANIPAL CENTRE, I FLOOR, CHITHARANJAN CIRCLE, ... PETITIONERS2 3.4. 5.6.7. 2 UDUPI 560 001. Mr. A.S.N. HEBBAR, ADVOCATE & HON. ARBITRATOR, MAIN ROAD, KUNDAPURA 576 201. Mr. NAGESH, AGED ABOUT44YEARS, S/O LATE B. RAGHAVA. Mr. GIRISH, AGED ABOUT43YEARS, RESPONDENT NOS..3 AND4ARE RESIDING AT CYBER CENTER, RAGHU BUILDING, URWA STORE, MANGALORE. MAMATHA @ MUMTAZ HAMEED, AGED ABOUT39YEARS, W/O HAMEED, R/AT HALEEMA BAGH, MISSION COMPOUND, BALMAT...


Sep 12 2014

Iynanda K Chinnappa Vs. Balachanda M Thammaiah

Court: Karnataka

Decided on: Sep-12-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE12H DAY OF SEPTEMBER, 2014 BEFORE THE HON' BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL REVISION PETITION No.93/2006 BETWEEN:1. Iynanda K. Chinnappa, Son of late Kariappa, Major. (died on 11.11.2003. hence abated) 2. Iynanda C. Chengappa, Son of Chinnappa, Major.3. Iynanda C. Bopanna, Son of Chinnappa, Major, All are residing at Yadoor village, Virajpet Taluk, Kodagu District. ... PETITIONERS (By Sri N. Ravindranath Kamath, Advocate) AND:1. Balachanda M. Thammaiah, Fathers name not known, Yadoor village, 2 Virajpet Taluk, Kodagu District.2. State of Karnataka, Represented by its Secretary, Government of Karnataka, Bangalore. [By Shri K.R. Keshava Murthy, State Public Prosecutor for respondent No.2; Shri S.G. Rajendra Reddy, advocate for respondent No.1 (absent)]. ... RESPONDENTS This Criminal Revision Petition is filed under Section 397 of the Code of Criminal Procedure 1973 praying to set aside the judgment dated 27.12.2005 in ...


Sep 11 2014

Anwar Mohammed and Others Vs. K. Bava and Others

Court: Karnataka

Decided on: Sep-11-2014

(Prayer: This Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Impugned Order Dated 11.03,2014, On I.A.No.7, Produced At Annexure-A In Mvc.No.288/2011, Passed By The Learned Prl. Senior Civil Judge At Udupi and Allow This Writ Petition With Costs.) 1. Petitioners are the claimants in MVC No.288/2011, on the file of the Motor Accidents Claims Tribunal, Udupi. The said petition was filed under S.166 of the Motor Vehicles Act, 1988 (for short 'the Act') against the respondent Nos.3 to 5, to award compensation on account of the untimely death of one Suhail Anwar, who sustained fatal injury in a road traffic accident, which occurred on 18.11.2010, involving vehicles bearing registration Nos.KA-20-MJ-786 and KA-01-FA-2157. Respondent Nos.1 and 2, grand parents of deceased Suhail Anwar, filed I.A.No.7, under Order I Rule 10(2) read with S.151 of the Code of Civil Procedure, to permit them to come on record as supplemental petitioners. I.A. having...


Sep 11 2014

Anwar Mohammed Vs. K Bava

Court: Karnataka

Decided on: Sep-11-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE11H DAY OF SEPTEMBER, 2014 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.20382/2014 (GM-AC) BETWEEN:1. ANWAR MOHAMMED AGED ABOUT51YEARS, S/O MOHAMMED SHABAN RESIDING AT "ASHA MANZIL" DURGA NAGARA, KUNJOOR POST, PANIYURU, UDUPI TALUK 576 201, KARNATAKA.2. 3. SAFA MARIAN ANWAR AGED ABOUT13YEARS, D/O ANWAR MOHAMMED RESIDING AT "ASHA MANZIL" DURGA NAGARA, KUNJOOR POST, PANIYURU, UDUPI TALUK 576 201, KARNATAKA. MOHAMMED SHAWAN ANWAR AGED ABOUT10YEARS, S/O ANWAR MOHAMMED RESIDING AT "ASHA MANZIL" DURGA NAGARA, KUNJOOR POST, PANIYURU, UDUPI TALUK 576 201, KARNATAKA. 2 PETITIONERS2AND3ARE MINOR BY AGE AND THEY ARE REPRESENTED BY PETITIONER NO.1 GUARDIAN/FATHER. ... PETITIONERS (BY SRI H. PAVANA CHANDRA SHETTY, ADV.) AND:1. K. BAVA AGED ABOUT78YEARS, S/O LATE HAMMABBA R/AT ALSADIYA, NEAR GOVT. ICE PLANT KAUP POST, PADU VILLAGE, UDUPI TALUK 576 201.2. 3.4.5. KHATHIJA AGED ABOUT62YEARS, W/O K. BAVA, R/AT ...


Sep 10 2014

M/s. Shanthi Fortune (India) Limited and Another Vs. M/s. Mukka Sea Fo ...

Court: Karnataka

Decided on: Sep-10-2014

(Prayer: This Criminal Revision Petition is filed under Section 397 and 401 of the Code of Criminal Procedure, 1973, praying to set aside the conviction and sentence dated 16.1.2014 passed in Crl.A.No.150/2013 to 167/2013 by the Court of III Additional District and Sessions Judge, Dakshina Kannada, Mangalore and order dated 1.4.2013 passed in C.C.No.660/2009 by the JMFC (V Court), D.K., Mangalore, by allowing this petition, and acquit the petitioners. This Criminal Revision Petition is filed under Section 397 and 401 of the Code of Criminal Procedure, 1973, praying to set aside the conviction and sentence dated 16.1.2014 passed in Crl.A.No.150/2013 to 167/2013 by the Court of III Additional District and Sessions Judge, Dakshina Kannada, Mangalore and order dated 1.4.2013 passed in C.C.No.661/2009 by the JMFC (V Court), D.K., Mangalore, by allowing this petition, and acquit the petitioners. This Criminal Revision Petition is filed under Section 397 and 401 of the Code of Criminal Proced...


Sep 10 2014

M/s. Saptharushi Souharda Credit Co-Operative Limited and Another Vs. ...

Court: Karnataka

Decided on: Sep-10-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Call For The Records Of Appeal No. 151-/14, On The File Of Karnataka Appellate Tribunal, Bangalore and Records Bearing Dispute, No. Jrb/Md/33/2012-13 On The File Of The Assistant Registrar Of Co-Operative Societies, South Zone, Chamarajpet, Bangalore-18, Peruse The Same, And Etc.) 1. Petitioner No.1 Saptharushi Souharda Credit Co-operative Limited is a society duly registered under the provisions of the Karnataka Souharda Sahakari Act, 1997 (for shoit, 'the Act). Petitioner no.2 is its President. They are challenging the order dated 25.06.2014 passed by the Karnataka Appellate Tribunal (for short, the Tribunal') dismissing the appeal filed by the petitioners against the order dated 22.03.2014 passed by the Assistant Registrar of Co-operative Societies, South Zone, Bangalore Urban District, vide Annexure-G. 2. Respondent no.1 raised a dispute before the Joint Registrar of Co-operat...


Sep 10 2014

The State Of Karnataka and Others Vs. T. Jayamma and Another

Court: Karnataka

Decided on: Sep-10-2014

(Prayer: This Writ Appeal Is Filed Under Section 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In Writ Petition No.22961/2011 Dated 26/09/2013.) D.H. Waghela, CJ Oral Order: 1. The State Government and its authorities are in appeal to challenge order dated 26.09.2013 of learned Single Judge of this Court in Writ Petition No.22961/2011, whereby a writ in the nature of mandamus is issued to the appellants herein to initiate acquisition proceedings under the Land Acquisition Act, 1894 and settle the compensation in accordance with law for the benefit of respondent No. 1 herein. 2. There is no dispute about the facts that the land belonging to respondent No.1 is situated within an area of 10 to 20 meters adjoining the fort of Srirangapatna, which is a protected monument as per the notification issued by the State Government, under the provisions of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (for short 'the Act'). ...


Sep 10 2014

Bhyraiah Vs. Bettegowda Since deceased by LRs. and Others

Court: Karnataka

Decided on: Sep-10-2014

(Prayer: This W.A. is filed under Section 4 of the Karnataka High Court Act, praying to set aside the Order dated 14/02/2012 passed by this Court in Writ petition No.536/2006 on I.A.Nos. 1 and 2 of 2012.) 1. Although this appeal was listed in the orders list, with the consent of learned counsel appearing for both the parties, it was taken up for final disposal. Appellant, aggrieved by the order of the learned Single Judge dated 14th February 2012 passed on I.A.Nos. 1 and 2 of 2012 filed in W.P.No.536 of 2006 (SC-ST) has preferred this writ appeal. By the said order the learned Single Judge has dismissed I.A.No.1/2012 filed under Section 5 of Limitation Act and I.A.No.2/2012 filed under Section 151 of CPC. 2. We have heard the learned counsel appearing for the parties and perused the order impugned in the appeal. 3. Facts leading to this appeal are stated as under: An extent of 5 Acres 15 Guntas of land in Sy.No.20 of Karisiddanahalli village, renumbered as Sy.Nos.40/P1 and 40/P2, measu...


Sep 10 2014

H.R. Harisha Halli Vs. The State of Karnataka, Ministry of Environment ...

Court: Karnataka

Decided on: Sep-10-2014

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct respondent Nos.4 to 6 to prevent the Air and Water Pollution by the Respondent Nos.1 and 12 or by any other persons etc.) D.H. Waghela, CJ (Oral) 1. This petition is moved by an RTI Activist on the basis of the material showing consistent failure on the part of the Karnataka State Pollution Control Board in taking any action against Respondent No.11 and 12, who have admittedly been discharging untreated effluent into an open drain which ultimately joins Bhadra Canal near National Highway-4 at Shiramagondanahalli. Since there is no dispute about the fact of consistent discharge of untreated effluent as also about inaction on the part of the State Pollution Control Board, it is not necessary to further delve into the factual aspect of the matter. 2. However, by filing an affidavit of learned advocate appearing for Respondent No.11 and 12, it is stated that the work of establishi...


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