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Karnataka Court January 2015 Judgments

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Jan 12 2015

A. Venkatesh and Others Vs. The State of Karnataka, Urban Development ...

Court: Karnataka

Decided on: Jan-12-2015

(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare that the acquisition proceedings in respect of the schedule properties under the preliminary notification issued by R-2 dated 11.4.1989 at Ann-b, and the final notification dated 22.7.1991 issued by R-1 vide Ann-c, has lapsed by efflux of time of over 23 years and the possession of the said lands having till date continued to remain with the petitioners thereby directing the schedule lands remain outside the purview of the aforementioned notifications.) 1. Petitioners have assailed preliminary notification dated 11.04.1989 and final notification dated 22.07.1991 issued by respondent No.1 and have contended that the acquisition has lapsed by efflux of time as possession of the lands have not been taken. 2. Learned counsel appearing for the petitioners contended that the land bearing Sy.No.9 measuring 1 acre 22 guntas and land comprised in Sy.No.8/33 measuring 6 guntas situa...


Jan 12 2015

Rajendra S/O Sarjerao Deshpande Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Jan-12-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE12t h DAY OF JANUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.11042/2007(LB-RES) BETWEEN: RAJENDRA S/O. SARJERAO DESHPANDE, AGED ABOUT48YEARS, R/O. NO.13/RS216/1+2A, LIC OFFICE EXTENSION, GOKAK FALLS ROAD, GOKAK, DIST: BELGAUM. (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADV.,) PETITIONER AND:1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT M.S.BUILDING, BANGALORE.2. THE COMMISSIONER BELGAUM URBAN DEVELOPMENT AUTHORITY, BELGAUM. ... RESPONDENTS (BY SMT. K. VIDYAVATI, AGA FOR R1, SRI. M.A.HULYAL, ADV., FOR R2 ) THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF CONSTITUTION OF INDIA :2. : PRAYING THIS HONBLE COURT TO CALL FOR THE RECORDS PERTAINING TO RODER DATED81.2007 VIDE ANNEXURE-D ON THE FILE OF THE R2 AND SET ASIDE THE ORDER AS PER ANNEXURE-D AND THE REGISTERED DOCUMENT DATED2301.2007 CANCELLING THE LEASE-CUM-SALE AGREEMENT AS PER ANNEXURE-F AND FURTHER DIREC...


Jan 12 2015

K B Shankare Gowda Vs. Miss Sushma

Court: Karnataka

Decided on: Jan-12-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE12H DAY OF JANUARY, 2015 BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA R.P.F.C. NO.173/2012 BETWEEN: K B SHANKARE GOWDA S/O LATE BYRAPPA AGED ABOUT48YEARS RESIDING AT NO,1484/10 4TH B MAIN ROAD, WEST OF CHORD ROAD, II PHASE, MAHALAKSHMIPURA BANGALORE-560086 ... PETITIONER (By Sri: A V GANGADHARAPPA, ADV.) AND1 MISS SUSHMA D/O K B SHANKARE GOWDA AGED ABOUT19YEARS RESIDING AT NO.456, 15TH D MAIN ROAD, II STAGE, II PHASE MAHALAKSHMIPURA BANGALORE-560086 2. SMT B K SHAMALA D/O KEMPARAJU AGED ABOUT40YEARS RESIDING AT NO.456, 15TH D MAIN ROAD, II STAGE, II PHASE2MAHALAKSHMIPURA BANGALORE-560086 ... RESPONDENTS (By SMT: SHOBHA BHAVIKATTI, ADV. FOR R1 & R2) RPFC FILED U/S194) OF FAMILY COURTS ACT, AGAINST THE ORDER DATED3110.2012 PASSED IN C.MISC.NO.251/2011 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, ALLOWING THE PETITION FILED U/S125OF CR.P.C. THIS RPFC COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:...


Jan 09 2015

Ashok Mahadev Potdar Vs. The Deputy Commissioner and Others

Court: Karnataka Dharwad

Decided on: Jan-09-2015

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Order Dated 05.06.2014 Passed By The Respondent No.1 In Bgm.Mun/Apl/Cr/104/2011- 12 Annexure-H, And Etc.) 1. This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To: Quash The Order Dated:28/06/2012 Passed By The Respondent No.1 Vide Annexure-E, And Etc.) 1. Building permission granted on 15.4.2011 by respondent No.2 to respondentNo.3 for undertaking construction on the property bearing CTS No.2398 of Hukkeri, was questioned by the petitioner before respondent-1, by filing a revision petition, under Section 322 of the Karnataka Municipalities Act, 1964. An ad interim order of stay was passed and the same was extended. However, by an order dated 28.06.12, (extracted infra) without assigning any reason, was vacated. The said order was assailed in W.P.65460/12 and the impugned order therein was stayed on 19.10.12. Respondent No.1 having...


Jan 09 2015

Zameer Vs. Mehaboob Basha and Others

Court: Karnataka

Decided on: Jan-09-2015

(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 21st March 2009 passed in MVC No.3953/2007 on the file of the XiV Additional Judge, Court of Small Causes, Member, MACT, Metropolitan Area, Bangalore (SCCH.No. 10), partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimant is directed against the judgment and award dated 21st March 2009, passed in MVC No.3953/2007, by the XIV Additional Judge, Court of Small Causes, Member, MACT, Metropolitan Area, Bangalore (SCCH.No. 10), (for short, 'Tribunal'), for awarding reasonable compensation on the ground that, the Tribunal is not justified in dismissing the claim petition. 2. The appellant claims to be aged about 19 years and hale and healthy prior to the date of accident. It is the case of the appellant that be met with an accident at about 6:25 P.M. on 18-01-2007 on Bangalore-Mysore Road, in front of Rajarajeshwari Hospital, Bangalore, wit...


Jan 09 2015

Zameer Vs. Mehaboob Basha and Others

Court: Karnataka

Decided on: Jan-09-2015

(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 21st March 2009 passed in MVC No.3953/2007 on the file of the XiV Additional Judge, Court of Small Causes, Member, MACT, Metropolitan Area, Bangalore (SCCH.No. 10), partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimant is directed against the judgment and award dated 21st March 2009, passed in MVC No.3953/2007, by the XIV Additional Judge, Court of Small Causes, Member, MACT, Metropolitan Area, Bangalore (SCCH.No. 10), (for short, 'Tribunal'), for awarding reasonable compensation on the ground that, the Tribunal is not justified in dismissing the claim petition. 2. The appellant claims to be aged about 19 years and hale and healthy prior to the date of accident. It is the case of the appellant that be met with an accident at about 6:25 P.M. on 18-01-2007 on Bangalore-Mysore Road, in front of Rajarajeshwari Hospital, Bangalore, wit...


Jan 09 2015

H.P. Chikkarama Reddy and Another Vs. Kanthamma and Others

Court: Karnataka

Decided on: Jan-09-2015

(Prayer: CRP filed Under Sec.115 of CPC., Against the Order Dated 25.10.2014 Passed on IA No.2/2012 in O.S.No.7425/2011 on the file of the XXII Addl. City Civil and Sessions Judge, Bangalore, Rejecting IA No.2/2012 Filed Under Order VII Rule 11(a) and (d) CPC.) 1. The order dated 25.10.2014 passed in O.S.7425/11 pending on the file of XXII Additional City Civil and Sessions Judge, Bangalore, is called in question on various grounds as set out in the memorandum of petition by defendant nos.13 and 14 in the said suit. 2. Respondents 2 and 3 herein are the parents of 3rd defendant (4th respondent herein). Respondent no.1 is the sole plaintiff the said suit. Respondents 5 to 7 are children of respondent no.4 (defendant no.3)- Munireddy. Respondents 8 to 11 are daughters of defendants 1 and 2, i.e. sisters of the plaintiff. Other respondents are purchasers of properties. Parties will be referred to as plaintiffs and defendants as per their ranking before the trial court. 3. Plaintiff is the...


Jan 09 2015

Ashok Mahadev Potdar Vs. The Deputy Commissioner

Court: Karnataka Dharwad

Decided on: Jan-09-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE09T H DAY OF JANUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA W.P.No.107586/14 C/W W.P.No.65460/12 [LB-RES]. IN WP.107586/14: BETWEEN: SHRI. ASHOK MAHADEV POTDAR AGE:64. YEARS, OCC: BUSINESS & AGRICULTURE, R/O. BELGAUM ROAD, HUKKERI, DIST: BELGAUM. ... PETITIONER (BY SRI. G B NAIK & SMT P G NAIK, ADVS.) AND1 2.3. THE DEPUTY COMMISSIONER BELGAUM. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL HUKKERI. SHRI.DAUD MOHAMAMDGOUS BAGAWAN AGE:52. YEARS, OCC: BUSINESS R/O. BELGAUM ROAD, HUKKERI, DIST: BELGAUM. ... RESPONDENTS (BY SACHIN S MAGADUM, ADV. FOR C/R3, SMT.K. VIDYAVATHI, AGA FOR R.1) :2. : THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED0506.2014 PASSED BY THE RESPONDENT NO.1 IN BGM.MUN/APL/CR/104/2011- 12 ANNEXURE-H, AND ETC. IN W.P.NO.65460/2012 BETWEEN SHRI ASHOK MAHADEV POTDAR AGE:64. YEARS, OCC: BUSINESS R/O. BELGAUM ROAD, HUKKERI, DIST: BELGAU...


Jan 09 2015

Zameer Vs. Mehaboob Basha

Court: Karnataka

Decided on: Jan-09-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE9H DAY OF JANUARY, 2015, : BEFORE : THE HONBLE MR. JUSTICE N.K. PATIL M.F.A.NO.6235 OF2009(MV) Between: Zameer, S/o Abdul Rahiman, Aged 21 years, R/a #95, Anchepalya, Bangalore-560 074. ... Appellant (By Shri. K.V. Shyamaprasada, Advocate) And:1. Mehaboob Basha, Fathers name not known to the appellant. Major, Anjanapur, Gollahallil, Kanakapura Main Road, Bangalore.2. M/s. Oriental Insurance Co.Ltd., No.6, 80 feet road, 3rd block, 7th Main, Kormangala, Bangalore-560 034 Represented by its Manager.3. The Managing Director, BMTC, Shanthinagara, K.H.Road, Bangalore-27.4. The Divisional Manager, United India Insurance Co. Ltd., No.19/19-1, South End Road, 2nd Floor, Basavanagudi, 2 Bangalore-560 004. ... Respondents (By Shri. S.V. Hegde Mulkhand, Advocate for R2; Smt. H.R. Renuka, Advocate for R3; Shri. A.M. Venkatesh, Advocate for R4; Notice to R1, held sufficient vide order dated 31.10.2013) ***** This MFA is filed U/S1731) of ...


Jan 08 2015

Hemalata Vs. Mohan

Court: Karnataka Dharwad

Decided on: Jan-08-2015

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying This Hon'ble Court To Modify The Impugned Order Dated: 17/07/2013, Passed By The Family Court Judge At Dharwad, On I.A.No.1 In M.Cno. 19/2013 (Annexure-D) And Consequently Be Pleased Enchance The Maintenance Amount From Rs. 15,000/- To Rs.50,000/- Per Month, Payable To Enhance The Litigation Expenses Form Rs.25,000/- To Rs.50,000/-.) 1. Marriage of the petitioner and the respondent was solemnised on 30.04.2007 and was registered on 15.11.2007. The petitioner was employed prior to the marriage. After the marriage, she has left the job. On account of incompatibility, the spouses having withdrawn from each other, after issuing of a notice, respondent filed MC No.19/2013, in the Family Court, Dharwad. The petitioner, having entered appearance, filed an application under Section 24 of the Hindu Marriage Act and the same was allowed in part on 17.07.2013, The respondent was directed to pay penden...


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