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Karnataka Court January 2015 Judgments

Jan 28 2015

Vipin Nandan Varrier Vs. State of Karnataka

Court: Karnataka

Decided on: Jan-28-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF JANUARY2015BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.8080 OF2014BETWEEN: Vipin Nandan Varrier, Son of Vijay Kumaran T.S., Flat No.302, 3rd Floor, Box No.1, ARK Serene Country, Besides MVJ College of Engineering, Chennasandra, Whitefiled, Bangalore 560 067. (By Shri. Murthy D Naik, Advocate) AND: State of Karnataka Represented by Police Sub-Inspector, Hebbagodi Police Station, Attibele Circle, Bangalore. RESPONDENT (By Shri. M. Narayana Reddy, State Public Prosecutor) PETITIONER ***** 2 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. This petition having been heard and reserved on 23.01.2015 and coming on for pronouncement of orders this day, the Court del...

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Jan 28 2015

Sri Kumara Nayak S/O Thangamuthu Vs. H Nagaruju S/O H Halegowda

Court: Karnataka

Decided on: Jan-28-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF JANUARY, 2015, : BEFORE : THE HONBLE MR. JUSTICE N.K. PATIL M.F.A.No.6134 OF2009(MV) Between: Sri. Kumara Nayak, S/o. Thangamuthu, Aged about 27 years, R/at. V.C. Colony, 13th Ward, Pandavapura, Mandya District, Now R/at. D.No.1050, Deva Parthiva Road, Chamarajapuram, Mysore-5. (By Shri. M.S. Nagaraj, Advocate) And:1. H. Nagaraju S/o. H. Halegowda, Kyathanahalli Post and Village, Mysore Taluk & District. (Owner & Driver of Yamaha Crux Bearing NO.KA-45-E-2096) 2. Bajaj Allianz General Insurance Co. Ltd., No.363, Shrihari Complex, Seeth Vilas Road, Mysore. (Policy No.OG071705/1802/00002619 Valid from 2/1/2006 to 1/1/2007) (By Shri. R.C. Prasanna Kumar, Advocate for R1; Smt. H.R. Renuka, Advocate for R2) ***** ... Appellant ... Respondents 2 This MFA is filed U/S1731) of MV Act, against the Judgment and Award dated:02. 01/2009, passed in MVC No.22/2007, on the file of the Presiding Officer, Fast Track Court-III, Mysor...

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Jan 27 2015

Nataraja and Others Vs. Padma and Others

Court: Karnataka

Decided on: Jan-27-2015

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the Order passed by the learned Principle Civil Judge, Hiriyur in O.S.No.33/1997 dated 16.10.2014 on IAS filed for seeking amendment of the written statement vide Annexure - K and L and to grant an Interim Order to stay all further proceedings in O.S.No.33/'1997 pending on the file of the learned Principle Civil Judge, Hiriyur.) 1. Petitioners are defendants No.4, 8(a) and 8(b) in O.S.No.33/ 1997 on the file of the Principal Civil Judge, Hiriyur. Being aggrieved by the order dated 16-10-2014 rejecting the application filed under Order VI Rule 17 of CPC have filed these writ petitions. 2. The predecessors of respondents 1 to 5 Nagappa and Nagendrappa had filed the suit seeking for partition and separate possession of 1/2 share in respect of 'A' schedule property and also declaration, declaring that the plaintiffs are the owners of 'B' schedule property and restraining the de...

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Jan 27 2015

Chandrappa Vs. M/s. Garudachala Associates Private Ltd. and Others

Court: Karnataka

Decided on: Jan-27-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the impugned order of K.A.T., at Bangalore in Appeal No.1138/13 vide order dated 16th Oct. 2014 vide Annexure - J etc.) 1. Petitioner has assailed order dated 16.10.2014 passed in Appeal No. 1138/2013 by the Karnataka Appellate Tribunal, Bangalore (Annexure-J to the writ petition). By that order, application filed by the petitioner under Order 1 Rule 10(2) of the Code of Civil Procedure has been dismissed. 2. Briefly stated the facts are that petitioner had made a complaint against respondent no.1 with regard to construction that has been put up by the said respondent on property bearing No.4/3, Mahadevapura Village, Bangalore East. On the said complaint, the second respondent had initiated action under Section 321 of the Karnataka Municipal Corporation, Act ( 'Act' for short), 1976. Initially a provisional order was passed under sub section (1) of Section 321 of the Act. T...

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Jan 23 2015

K. Balaraj @ K. Balaji Vs. S. Kannan

Court: Karnataka

Decided on: Jan-23-2015

(Prayer: This HRRP Is Field U/Sec.46(1) Of Karnataka Rent Act, Against The Orders Dated: 15.10.2014 Passed In Hrc.25/2014 On The File Of The Chief Judge, Court Of Small Causes, Bengaluru, Allowing The Petition Filed U/Sec.27(2)(R) Of Karnataka Rent Act.) 1. Final order dated 15.10.2014 passed by the learned Chief Judge, Small Causes Court at Bangalore in H.R.C. No.25/2014 is called in question by the respondent in the said case. The respondent herein is the petitioner in the said case. 2. Parties are referred to in the same rank as they are referred to by the trial Court. Matter is taken up for final disposal with the consent of the learned counsel appearing for the parties. 3. Petitioner chose to file a petition under Section 27(2)(q) and (r) of the Karnataka Rent Act, 1999 seeking eviction of the tenant from the schedule premises which is a commercial premises measuring 8 ft. x 10 ft situate in Bangalore City. 4. The undisputed facts, according to the petitioner, is that the property...

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Jan 23 2015

Sri. K. Balaraj @ K. Balaji Vs. Sri. S. Kannan

Court: Karnataka

Decided on: Jan-23-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF JANUARY, 2015 :BEFORE: THE HONBLE MR.JUSTICE A.V.CHANDRASHEKARA H.R.R.P. NO.131/2014 (EVI) ... PETITIONER BETWEEN: SRI K. BALARAJ @ K. BALAJI S/O. OF KRISHNAPPA, AGED ABOUT29YEARS, PRESENTLY RESIDING AT SHOP NO.1, PROPERTY NO.19, AVALAMMA CHOULTRY, MAGADI ROAD, BANGALORE-560 023. (BY SMT. S. SUMATHI FOR SRI SURYA PRAKASH A.M., ADV.) AND: SRI S. KANNAN, SON OF N.SUBRAMANI, AGED ABOUT37YEARS, NO.19, I MAIN AVALAMMA CHOULTY, MAGADI ROAD, BANGALORE-560 023. (BY SRI V.N.JAGADEESH, ADV. FOR C/R) ... RESPONDENT THIS HRRP IS FIELD U/SEC.46(1) OF KARNATAKA RENT ACT, AGAINST THE ORDERS DATED:15. 10.2014 PASSED IN HRC.25/2014 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU, ALLOWING THE PETITION FILED U/SEC.27(2)(r) OF KARNATAKA RENT ACT. THIS HRRP COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:2. ORDER Final order dated 15.10.2014 passed by the learned Chief Judge, Small Causes Court at...

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Jan 22 2015

Madhavi Kuttiyamma Vs. The Dhanalakshmi Bank Ltd., Bangalore and Other ...

Court: Karnataka

Decided on: Jan-22-2015

Manjunath, J. 1. The petitioner is questioning the legality and correctness of the order passed by the Debt Recovery Appellate Tribunal, Chennai, dated 24.06.2013 in R.A.No. 137/2010. The above appeal was filed by the Dhanalakshmi Bank Limited, aggrieved by the order passed in O.A.No. 24/2009 on the file of the Debt Recovery Tribunal, Bangalore. 2. The petitioner was the third respondent before the Debt Recovery Appellate Tribunal. She was placed exparte. The appeal filed by the Bank came to be allowed directing the Debt Recovery Tribunal, Bangalore, to issue a Recovery Certificate against all the respondents therein. Aggrieved by the same, the present appeal is filed. 3. The main contention of the petitioner before us is that for the loan advanced by the Dhanalakshmi Bank Limited, in favour of second respondent T.R. Chandran, she stood as a guarantor only in respect of cash credit hypothecation to the tune of Rs.15,00,000/- and bill discounting limit of Rs.5,00,000/-. 4. According to ...

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Jan 22 2015

Employees State Insurance Corporation Vs. Kum. Gowramma T

Court: Karnataka

Decided on: Jan-22-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE22D DAY OF JANUARY, 2015 PRESENT THE HON'BLE MR. JUSTICE N.K.PATIL AND THE HONBLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.40792 OF2013(S-CAT) BETWEEN:1. Employees State Insurance Corporation, Represented by its Director General, Kotla Road, New Delhi 110 011.2. 3.4. The Regional Director, Regional Office (Karnataka) Employees State Insurance Corporation, Panchdweep Bhawan, No.10, Binny Fields, Binnypet, Bangalore 560 023. The Additional Commissioner, Employees State Insurance Corporation, Model Hospital, Rajajinagar, Bangalore 560 010. The Medical Superintendent, Employees State Insurance Corporation, Model Hospital, Rajajinagar, Bangalore 560 010. (By Sri V.Narasimha Holla, Advocate) ...Petitioners 2 AND:1. 2. Kum.Gowramma. T D/o Thippeswamy Aged about 27 years, Residing at: C/o Smt.Nivedita, No.225, 3rd B Main, Manjunath Nagar, Bangalore 560 010. Government (Union) of India, Ministry of Labour & Employment, Panchdeep Bh...

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Jan 22 2015

Dr Nanda B Y Vs. The State of Karnataka

Court: Karnataka

Decided on: Jan-22-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE22D DAY OF JANUARY, 2015 :PRESENT: THE HONBLE MR. JUSTICE N.K. PATIL AND THE HONBLE MR. JUSTICE G. NARENDAR W.P. Nos.60255-265 OF2014(S-KAT) BETWEEN1 Dr. Nanda B.Y. Age: Major, S/o Late Sri. K.B. Boraiah, Designated Officer, Food Safety and Standard Department, Mandya District and I/c Ramanagar District.2. 3. Dr. Shivaraj Hede S/o Shankar Rao Hede, Aged about 50 years, Designated Officer, BBMP Area, East Zone, Upper Basement, Abhaya Complex, KSDB Building, Risaldar Road, Sheshadripuram, Bengaluru 560 020. Dr. T. Arun Kumar S/o H. Thurumale Gowda, Aged about 47 years, Designated Officer, 4.5. 6.7. 2 BBMP North Range, Upper Basement, Bhaya Complex, Karnataka Slum Development Board, Raisaldar Street, Bengaluru 560 020. Dr. Praveen Kumar C.H. S/o Raghuveera C.H., Aged about 37 years, Designated Officer, Food Safety and Standard Department, Dakshina Kannada, District Surveillance Unit Compound, Attavara, Mangalore. Dr. Ravindra D...

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Jan 21 2015

Karnataka State Financial Corporation Vs. M/s. Yantra Udyog and Others

Court: Karnataka

Decided on: Jan-21-2015

(Prayer: This MFA Filed U/S 32(9) Of The State Financial Corporation Act, 1951, Against The Order Dated:22.6.2012 Passed In Misc. Petition No.9/2010 On The File Of The Principal District and Sessions Judge, Bangalore Rural District, Bangalore, Dismissing The Petition Filed U/Sec 31(1)(A)(Aa) Of The State Financial Corporation Act 1951.) 1. Though the matter is listed for admission by consent of both the parties it is heard on merits. 2. The facts of the case, in brief, are as follows: (a)The appellant - Karnataka State Financial Corporation had advanced loan to the respondents. For recovery of dues the appellant filed a petition under Sections 31(1)(aa) and 32(1) of the State Financial Corporation Act, 1951 [Central Act No.LXII of 1951] (in short 'the Act'). (b)At the first instance the petition was filed before the City Civil Court, Bangalore in Misc. No.130/2007 and the same was filed on 15.02.2007. Thereafter, the appellant having noticed that the City Civil Court, Bangalore has no ...

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