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Karnataka Court January 2015 Judgments

Jan 31 2015

mr.syed Basheer Malik Vs. smt.jameela Begum

Court: Karnataka

Decided on: Jan-31-2015

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 31st day of January, 2015 PRESENT THE HONBLE MR. JUSTICE N.KUMAR AND THE HONBLE MR.JUSTICE B.VEERAPPA R.F.A.No.960/2003 BETWEEN:1. Mr. Syed Basheer Malik S/o late Alhaj S.A. Malik Aged about 55 years 2. Mrs. Ahraf Jann Begum Both are r/at No.7 O Shanganessy Road Langford Garden Bangalore 560 025 W/o Basheer Ahmed Malik Aged about 50 years APPELLANTS (By Sri Y. K. Narayana Sharma, Advocate) Smt. Jameela Begum Aged about 73 years W/o R. A. Subhan R/at No.6 O Shanganessy Road Bangalore 560025 Since dead by L.Rs. AND:1. 1(1) Sri R. A. Subhan S/o late Rasul Shah Aged about 72 years 2 Since dead R1(2) and R1(3) are the L.Rs of R1(1) 1(2) Sri Salamathulla S/o R. A. Subhan Aged about 35 years No.10, 3rd Cross Venklataramanapalya Palace Guttahalli, Bangalore 1(3) Mrs. Afshan Taj 1(4) Mrs. Parveen Taj 2.3. Meheraj Inayath 4.5. Javeed Inayath S/o S. M. Inayathulla Muslim, Major D/o S. M. Inayathulla Muslim, Major W/o Anwar, Aged about...

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Jan 30 2015

B. Gopa Kumar Vs. Canara Bank, Cancard Division, Bangalore

Court: Karnataka

Decided on: Jan-30-2015

(Prayer: This Regular First Appeal filed under Section 96 read with Order XLI, Rule 1 and 2 of the Code of Civil Procedure 1908, against the judgment and decree dated 25.08.2009 passed in O.S.No. 8024/2000 on the file of the 42nd Additional City Civil and Sessions Judge, Bangalore, decreeing the suit for recovery of money.) 1. This appeal is filed by the defendant. 2. The parties are referred to by their rank before the trial court for the sake of convenience. 3. The plaintiff is said to be a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at Bangalore. It is said to have a credit card division, known as Cancard Division, with its Head office also at Bangalore. The defendant was said to be a credit card holder of the plaintiff and was issued a Cancard Visa card, at Cochin. The card was issued against his application dated 16.10.1998. The application was said to have been forwarded to the plaintiff at B...

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Jan 30 2015

Ashok Kumar Jain Vs. The President, Zilla Dharmika Parishath Hindu Rel ...

Court: Karnataka

Decided on: Jan-30-2015

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Quash The Order Dated 26.8.2013 Issued By The R-3 Vide Ann-C.) 1. The petitioner was appointed as the member of the Managing Committee of the temple Sri.Moojilnaya in Idu village of Karkala Taluk at Udupi District by the Zilla Dharmika Parishat, Udupi District, under Section 25 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 ('the Act' for short). Respondent No.3 passed an order at Annexure 'C' dated 26.8.2013 dissolving the Committee of Management of the aforesaid temple. The petitioner has called in question the validity of the said order in this writ petition. 2. I have heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner contends that the petitioner was appointed by the Zilla Dharmika Parishat as the member of the Committee of Management of the temple. The Committee has been managing the affairs of the temple without ...

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Jan 30 2015

B Gopa Kumar S/O Late G. Balakrishna Pillai Vs. Canara Bank

Court: Karnataka

Decided on: Jan-30-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE30H DAY OF JANUARY2015BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY REGULAR FIRST APPEAL No.1316 OF2009BETWEEN: Sri. B. Gopa Kumar, Son of Late G. Balakrishna Pillai, Aged 48 years, Development Officer, Life Insurance Corporation of India Trichur-Kerala, Now residing at Supria H.No.47/1-1, Kanjani Road, Ayyanthole, Ashoknagar, Trichur-Kerala 690 003. (By Shri.R. Rajagopalan, Advocate) APPELLANT AND: Canara Bank, Cancard Division, Naveen Complex, M.G.Road, Bangalore 560 001, Represented by its Manager. RESPONDENT2(By Shri. N. Sukumar Jain, Advocate) ***** This Regular First Appeal filed under Section 96 read with Order XLI, Rule 1 and 2 of the Code of Civil Procedure, 1908, against the judgment and decree dated 25.08.2009 passed in O.S.No.8024/2000 on the file of the 42nd Additional City Civil and Sessions Judge, Bangalore, decreeing the suit for recovery of money. This Regular First Appeal having been heard and reserv...

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Jan 29 2015

Jai Ganesh Builders and Developers Vs. Income-tax Officer, Ward 1(1), ...

Court: Karnataka

Decided on: Jan-29-2015

1. Appeals filed accompanied by applications for grant of stay having been found to be defective, opportunity was granted by the Tribunal, to remove the defects. Advocate for the petitioner sent a communication and sought time/adjournment, to remove the defects, on account of he being unable to sit and work due to back problem. The Tribunal having found, that no ground is made out to grant the adjournment and being of the opinion that no purpose would be served by keeping the defective applications pending, in the absence of the appellant and his learned advocate, dismissed the applications filed seeking stay of the impugned assessment orders. Assailing the said order, these writ petitions were filed. 2. Shri Sangram S.Kulkarni, learned advocate, contended that the Tribunal has acted with undue haste in passing the impugned order. He submitted that there being denial of reasonable opportunity and the impugned order being perverse, interference is called for. 3. Shri Y.V. Raviraj, learn...

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Jan 29 2015

Panchmukhi Builders Vs. Income-tax Officer, Ward 1(1), Belgaum

Court: Karnataka

Decided on: Jan-29-2015

1. Appeals filed accompanied by applications for grant of stay having been found to be defective, opportunity was granted by the Tribunal, to remove the defects. Advocate for the petitioner sent a communication and sought time/adjournment, to remove the defects, on account of he being unable to sit and work due to back problem. The Tribunal having found, that no ground is made out to grant the adjournment and being of the opinion that no purpose would be served by keeping the defective applications pending, in the absence of the appellant and his learned advocate, dismissed the applications filed seeking stay of the impugned assessment orders. Assailing the said order, these writ petitions were filed. 2. Shri Sangram S.Kulkarni, learned advocate, contended that the Tribunal has acted with undue haste in passing the impugned order. He submitted that there being denial of reasonable opportunity and the impugned order being perverse, interference is called for. 3. Shri Y.V.Raviraj, learne...

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Jan 29 2015

A.C. Ananthaswamy Vs. A.R. Chandrappa and Another

Court: Karnataka

Decided on: Jan-29-2015

(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of Constitution Of India Praying To Quash The Impugned Order Dated 18.10.2012 Passed By The Learned Xxxvii Additional City Civil Judge. Bangalore In O.S. No.2685/2002 Dismissing I.A. Nos. 21 Vide Annexure-F Filed By The Petitioner In The Said Suit And Allow The Said I.A. Nos.21 and Etc.,) 1. The rejection of plaintiff s I.A.Nos.20 and 21 under Section 151 and Order 26 Rule 9 CPC in O.S.No.2685/2002 on the file of 37th Addl. City Civil and Sessions Judge, Bangalore, by order dated 18th October, 2012, has resulted in these petitions. 2. Petitioner instituted O.S.No.2685/2002 to declare the construction of compound wall and ramp erected by the respondents, arraigned, as defendants, on the suit schedule property, as illegal and unauthorized, and for a mandatory injunction to demolish the compound wall and ramp, in addition to, a permanent injunction restraining defendants from interfering with the plaintiffs peaceful posses...

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Jan 28 2015

The Chief Officer Town Panchayath Vs. Gunasundarammanni and Others

Court: Karnataka

Decided on: Jan-28-2015

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying To Call For The Records, In Ex.Case No. 15/12 On The File Of Civil Judge [Sr.Dn] and Jmfc, At T. Naras Ipura. Quash The Entire Proceedigns In Ex.Case No. 15/12 In The File Of The Civil Judge [Sr.Dn] T.Narasipura Vide Annx-E and Etc.,) This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying To Call For The Records, In Ex.Case No.25/12, On The File Of The Civil Judge [Sr.Dn] and Jmfc, At T.Narasipura. Quash The Entire Proceedings In Ex.Case N0.25/ 12 On The F Ile Of The Civil Judge [Sr.Dn] T.Narasipura, Vide Annx-C and Etc.,) 1. Facts briefly stated are: a) Respondents 1 to 17 in W.P.26755/2012 and respondents 1 to 4 in W.P. 40708/2012 jointly instituted O.S. 14/2009 on the file of the Sr.Civil Judge and JMFC, T.Narasipur for a declaration that they are entitled to be put in possession of the newly constructed commercial complex being a public premises belongin...

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Jan 28 2015

Vipin Nandan Varrier Vs. State of Karnataka, Represented by Police Sub ...

Court: Karnataka

Decided on: Jan-28-2015

(Prayer: This Criminal Petition is filed under Section 439(1)(B) code of Criminal Procedure, 1973, praying to relax condition No.4 on page no.5 of the order dated 18.11.2014 passed in Crl.Misc.No.5418/2014 by the III Additional District and Sessions Judge, Bangalore Rural District, at Anekal.) 1. The petitioner is said to have been accused of offences punishable under Sections 494, 506 and 498A of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity), at the instance of his divorced wife, in case bearing Crime no.667/2014, said to have been registered by the Hebbagodi Police, Bangalore Rural District. 2. The petitioner is said to have approached the Court of the III Additional District and Sessions Judge, Bangalore Rural District, seeking anticipatory bail, as he was likely to be taken into custody in relation to the above case. The Court below is said to have granted anticipatory bail, while imposing certain conditions. One of the conditions was that the peti...

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Jan 28 2015

The Chief Officer Vs. Smt Gunasundarammanni

Court: Karnataka

Decided on: Jan-28-2015

1 R W.P.26755/2012 & W.P.40708/2012 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE28h DAY OF JANUARY, 2015 BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NOS. 26755 OF2012& 40708 OF2012(GM-CPC) ... PETITIONER IN WP. No.26755 OF2012BETWEEN: THE CHIEF OFFICER TOWN PANCHAYATH, T .NARASIPURA, REPRESENTED BY SRI.V.T. WILSON AGED ABOUT46YEARS (By Sri. NITYANAND V. NAYAK, ADV., FOR SRI.G.F HUNASIKATTIMATH, ADV.,) AND1 SMT. GUNASUNDARAMMANNI W/O LATE RAMARAJE URS, AGED53YEARS INDIRA COLONY, T NARASIPURA.2. SWAMY S/O CHINNASWAMY, AGED33YEARS SRI RAMPURA BEEDI, T NARASIPURA3 S GIRISHA S/O LATE SIDDANARAYANA, AGED38YEARS SRI RAMPURA BEEDI, T NARASIPURA W.P.26755/2012 & W.P.40708/2012 2 4. SHASHIKALA W/O PRAKASHA, AGED38YEARS SRI RAMPURA BEEDI, T NARASIPURA5 SMT. PREMA W/O SHIVASWAMY, AGED63YEARS, T NARASIPURA6 K KUMARA S/O KALANAYAKA, AGED38YEARS NAYAKARA BEEDI, T NARASIPURA7 M MAHADEVA S/O NARASALINGAIAH, AGED38YEARS INDIRA COLONY, T. NARASIPURA8 SHIVANNA S/O LATE PUTTAMAD...

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