Karnataka Court January 2015 Judgments
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The SELCO Solar Light Pvt Ltd. and Another Vs. Ramesh
Court: Karnataka Dharwad
Decided on: Jan-08-2015
(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of Constitution Of India Praying This Hon'ble Court To Set Aside/Quash The Order Dated:05/06/2013 Passed By The District Consumer Disputes Redressal Forum At Belgaum, In Ep.No.31/2012, Vide Annexure-N, And All Further Proceedings Pursuant Thereto. 1. Sri.Veeresh R Budihal, learned advocate for the petitioners, sought permission to withdraw these writ petitions, with liberty being reserved to the petitioners, to approach the Karnataka State Consumer Disputes Redressal Commission, by way of an appeal, as against the impugned order of the District Consumer Forum, ny invoking Section 27- A(a) of the Consumer Protection Act, 1956. 2. This submission was made on account of the resistance offered to this writ petition by Sri.Mrutynjay Tata Bangi, who submitted that this petition is not maintainable on account of availability of statutory remedy of appeal, both on facts and on law. Sri.Mrutynjay Tata Bangi submitted that the st...
Veeresh Vs. Viraktamath Chikkerur
Court: Karnataka Dharwad
Decided on: Jan-08-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order Dated 29.04.2014 Passed By The Civil Judge And Jmfc, Hirekerur, On I.A.No.I, In O.S.No.266/2011, Vide Annexure-E.) 1. The petitioner herein is the defendant in O.S.No.266/2011. 2. The suit is filed by the respondent herein seeking for a judgment and decree for recovery of possession of the suit schedule property and for the damages to be determined and awarded to the plaintiff. 3. The plaintiff therein contends that the defendant is the tenant in respect of the suit schedule property. The defendant has filed a detailed written statement disputing the contentions put forth in the plaint. Apart from the other contentions, the defendant has also disputed the jural relationship of the landlord and the tenant between the plaintiff and the defendant. It is the case of the defendant that the plaintiff who has been removed by the Trust is not entitled to maintain the suit. It...
Ningappa Durgappa Madar Vs. The State Of Karnataka By Its Secretary To ...
Court: Karnataka
Decided on: Jan-08-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Direct The 2nd Respondent To Allot The Land Bearing Sy.No. 18/B Measuring 2 Acres Of Old Gurlhosur Village In Favour Of The Petitioner As Per The Request Vide Form No.1 At Annexure- Dated:02/06/2011.) 1. Heard Sri Laxman T Mantagani, learned Advocate appearing for petitioner and Sri Ravi V Hosrnani, learned Additional Government Advocate appearing for respondents. 2. Grievance of the petitioner is, Gurlhosur village has been submerged in Malaprabha project and villagers of said village have been rehabilitated at Ramapur site at Saundatti and land bearing Sy. No. 18/B situated at said Gurlhosur village measuring 2 acres had been earlier reserved for burial ground and after shifting of said village to Ramapur, burial ground had lost its characteristic and as such, same having been left unused and as such it was being cultivated by father of petitioner by investing huge amounts for mor...
Basawwa and Others Vs. State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Jan-08-2015
1. Heard Sri H.M. Dharigond, learned Advocate appearing for petitioners and Sri Ravi V. Hosmani, learned Additional Government Advocate appearing for respondents and perused case papers. 2. Petitioners are questioning the order dated 20-11-1980 passed by the Land Tribunal, Badami Annexure-H whereunder land bearing Sy.No.3/1B measuring 3 acres 17 guntas situated at Sulla Village, Badami Taluk has been granted in favour of third respondent by issuance of occupancy rights in his favour. 3. It is the contention of Sri Dharigond, learned Advocate appearing for petitioners that petitioners are daughters of deceased Sri Nimbanna who was the original owner of the said land and he had acquired said property under partition under partition which incurred in the year 1938 pursuant to which, Revenue records came to be mutated in the name of deceased Sri Nimbanna. It is contended that third respondent who is also an adopted son of deceased Sri Mahagundappa Kulkarni, another branch of deceased Sri ...
Ningappa Durgappa Madar Vs. The State Of Karnataka By Its Secretary To ...
Court: Karnataka Dharwad
Decided on: Jan-08-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Direct The 2nd Respondent To Allot The Land Bearing Sy.No. 18/B Measuring 2 Acres Of Old Gurlhosur Village In Favour Of The Petitioner As Per The Request Vide Form No.1 At Annexure- Dated:02/06/2011.) 1. Heard Sri Laxman T Mantagani, learned Advocate appearing for petitioner and Sri Ravi V Hosrnani, learned Additional Government Advocate appearing for respondents. 2. Grievance of the petitioner is, Gurlhosur village has been submerged in Malaprabha project and villagers of said village have been rehabilitated at Ramapur site at Saundatti and land bearing Sy. No. 18/B situated at said Gurlhosur village measuring 2 acres had been earlier reserved for burial ground and after shifting of said village to Ramapur, burial ground had lost its characteristic and as such, same having been left unused and as such it was being cultivated by father of petitioner by investing huge amounts for mor...
M. Ajay Vs. M/S Venkateshwara Hatcharies Pvt Ltd
Court: Karnataka
Decided on: Jan-08-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE8H DAY OF JANUARY, 2015, : PRESENT : THE HONBLE MR. JUSTICE N.K. PATIL AND THE HONBLE MR. JUSTICE G. NARENDAR M.F.A.No.1723 OF2011(MV) Between: M. Ajay, Aged about 23 years, S/o. Dr. Balavenkatasubbaiah, The appellant is not recovered from the Injuries. Hence rep. by his guardian Mother Smt. M. Nagamani, W/o. Balavenkatasubbaiah, Aged about 48 years, No.3, Type IV Quarters, CSRTI Quarters, Vidyaranyapuram, Mysore. (By Shri. R.D. Renukaradhya, for Shri. P. Nataraju, Advocate) And:1. M/s. Venkateshwara Hatcharies Pvt. Ltd., I Floor, DTS Rao Building Complex, 3rd Cross, Indiranagara, Mysore. Rep. by its Manager.2. New India Assurance Co. Ltd., JLB Road, Chamundipuram, ... Appellant 2 Mysore. Rep. by its Manager. ... Respondents (By Shri. K. Prasad Hegde, Advocate for R1; Shri. S.T. Rajashekar, Advocate for R2) ****** This MFA is filed U/S1731) of MV Act against the Judgment and Award dated:28. 10/2010 passed in MVC No.1224/2009 ...
Sangappa Vs. Nagraj U. Kodihalli and Another
Court: Karnataka Kalaburagi
Decided on: Jan-07-2015
(Prayer: This MFA is filed U/S 30(1) of WC Act, against the judgment and order dated 30.10.2009 passed in WCA/SR No.62/2008 on the file of the Labour Officer and Commissioner for Workmen's Compensation, Sub- Division-I at Bijapur. Wherein, seeking enhancement of compensation.) 1. The appellant has approached this Court seeking enhancement of the compensation and interest on the said sum awarded by the Commissioner for Workmen's Compensation, for the injuries sustained by him in the course of his employment. 2. Having heard the learned counsel, the only substantial question of law that arise for my consideration is, Whether the appellant is entitled to interest on the compensation awarded by the Commissioner at 12% p.a. from the date of the accident? 3. Heard the learned counsel for both the parties. 4. The Commissioner has awarded a sum of Rs.3,45,996/- as compensation with interest at 12% p.a. from 30.11.2009. The incident occurred on 24.11.2007. Due to the injuries sustained, the han...
M/s. Rawther Spices Private Limited Vs. The Jammu and Kashmir Bank Ltd ...
Court: Karnataka
Decided on: Jan-07-2015
(Prayer: MFA Filed U/O 43 Rule 1(R) Of Cpc, Against The Order Dt.17.12.2014 Passed On I.A.No.1 In O.S.No.8247/2014 On The File Of The I Additional City Civil And Sessions Judge, Bangalore, Dismissing I.A.No.1 Filed U/O 39 Rule 1 and 2 Of Cpc.) 1. The matter is taken up for final disposal with the consent of both the learned counsel, after admitting the appeal. 2. The order dated 17.12.2014 passed by the Court of I Addl. City Civil and Sessions Judge, Bangalore on I.A.1 filed under Order 39 Rule 1 and 2 of CPC in O.S.8247/2014 is called in question in this appeal. 3. The appellant herein is the plaintiff in an original suit bearing O.S.8247/2014. Respondent No.2 is the contesting defendant in the suit. Respondent No.1 is the Jammu and Kashmir Bank which has issued as many as 21 Letters of Credit in favour of respondent No.2, supplier of pepper to the plaintiff. According to the plaintiff, the defendant No.2 has supplied about 700 MT of pepper to the plaintiff and in this regard as many ...
M.S. Subbe Gowda Vs. The Principal Secretary Dept. of Social Welfare, ...
Court: Karnataka
Decided on: Jan-07-2015
(Prayer: This WP is filed under Articles 226 and 227 of the Constitution of India praying to set aside the order dated 15.12.2011 issued by 1 respondent - Secretary, Department of Social Welfare, Bangalore vide Annexure-K and direct the respondents to pay arrears of salary including eligible enhancements with retrospective effect in accordance with law.) 1. The petitioner is a retired Hostel Superintendent in the Department of Social Welfare, Chickamagalur District. While he was in service, he remained unauthorisedly absent from 16.12.1996 to 4.1.2001, for which he was subjected to disciplinary proceedings, and it was ended in treating the period from 12.6.1996 to 4.1.2001 as unauthorized absent and further imposing penalty of reduction of 25% of the pension for a period of five years. Aggrieved by the order of penalty dated 15.12.2011 vide Annexure-"K'", this writ petition is presented. 2. Petitioner was: a Hostel Superintendent in the Department of Social Welfare, he was a Government...
Prism Enterprises a Partnership Firm Vs. Standard Engineering a Partne ...
Court: Karnataka Dharwad
Decided on: Jan-07-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Order Dated 22/01/2011 On I.A.No.2 In O.S.No.342/2009 On The File Of First Additional Civil Judge, Junior Division, Belgaum In Allowing The Application U/O.3 Rule.2 R/W. Sec. 151 Of Cpc., Produced As Per Annexure-A.) 1. Heard the arguments of Shri R.M.Kulkarni, learned counsel appearing for the petitioner and Shri Shreevatsa Hegde, learned counsel appearing for the respondent - plaintiff. Perused the impugned order. 2. Respondent - plaintiff had instituted a suit for ejectment of the petitioner - defendant from the suii: schedule premises on various grounds. Plaint came to be presented by one of the partners of the plaintiff firm and defendant on service of suit summons, appeared, filed written statement and contested the matter. When matter was set said down for evidence, plaintiff has filed an application under Order 3 Rules 1 and 2 read with Section 151 CPC seeking perm...
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