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Karnataka Court November 2015 Judgments

Nov 30 2015

M/s. Katariya Cloth Emporium and Others Vs. Premchand

Court: Karnataka

Decided on: Nov-30-2015

(Prayer: This HRRP is filed under Sec.46(1) of the Karnataka Rent Act, 1999 against the order dated 31.3.2015 passed in HRC No.71/2014 on the file of the chief judge, court of Small Causes, Bengaluru.) 1. Petitioners herein were tenants in occupation of the petition schedule premises bearing shop No.19, which is part of Municipal No.14, Corporation No.14/7, situated in the ground floor of K.S.Market, Deewan Khana Lane, Chickpet cross, Bengaluru, measuring East to West 7' 6" and North to South 16' 6", in all 123.75 sq.ft. 2. Premchand - respondent No.1 herein/eviction petitioner filed HRC No.71/2014 under Section 27 (2) (i) and (r) of the Karnataka Rent Act, 1999 seeking eviction of the tenants. The eviction petitioner purchased the property under registered Sale Deed dated 18.11.2004 from Sri K.S.Lakshminarayan and Sri K.S.Venkatachalapathy, sons of Surappa Shetty. It is not in dispute that Surappa Shetty owned the petition schedule property. One Sri Ghewarchand was carrying on busines...

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Nov 27 2015

M. Pramila and Others Vs. State of Karnataka, Urban Development Depart ...

Court: Karnataka

Decided on: Nov-27-2015

(Prayer: These writ petitions are filed praying to issue a writ declaring Sec.7 of the Karnataka Municipal Corporations Act, 1976 insofar as it enables the member of the house of the people, MLA, members of legislative council and members of council of states to vote in the meeting called for the purpose of the electing the offices of mayor, dy. mayor and other office bearers of the corporation, as unconstitutional and issue a writ declaring that the issues relating to election of mayor and deputy mayor more particularly and the election of chairman and members of the standing committees has to be done only on the basis of the votes cast by the directly elected councillors and not on the basis of the votes given by the MP, MLA, MLCS and etc. These writ petitions are filed praying to declare that ex-officio members under Section 7(C) and (D) do not have right to vote in the election of the mayor/dy. mayor and standing committees and etc., this wp filed praying to declare Article 242R of...

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Nov 27 2015

Sharanabasappa Vs. Umesh

Court: Karnataka Kalaburagi

Decided on: Nov-27-2015

(Prayer: This RSA is filed under Section 100 of CPC, against the Judgment and Decree dated: 26.02.2013 passed in R.A. No. 13/2012 on the file of the Senior Civil Judge and J.M.F.C at Muddebihal wherein, the appeal was partly allowed and the Judgment and Decree dated 25.06.2012 passed in O.S. No. 235/2009 on the file of the Civil Judge at Muddebihal was modified.) 1. This is the defendant's appeal arising from a suit for recovery of money, based on a handloan agreement dated 11.05.2007. The respondent instituted the suit, to pass decree for recovery of Rs. 2,71,000/-, with interest at 18% p.a. from the date of loan and the costs. Suit was contested on multiple grounds. 4 issues were raised. During the course of trial, suit document-handloan agreement dated 11.05.2007 was produced. Marking of the suit document was objected, on the ground that it is insufficiently stamped and is liable to be impugned. The said document was marked subject to the objection. At the conclusion of the trial, w...

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Nov 27 2015

Infosys Technologies Ltd., and Others Vs. Insurance Regulatory Develop ...

Court: Karnataka

Decided on: Nov-27-2015

(Prayers: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the circular dated 07.04.2003 issued by the Tariff Advisory Committee [R2] under Section 64 UC of the Insurance Act, 1938 amending the All India Fire Tariff by substituting the entry Electronic Software Parkwith Electronic Software Units[at Annexure-H]. This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the circular dated 07.04.2003 issued by the Tariff Advisory Committee [R2] under Section 64 UC of the Insurance Act, 1938 amending the All India Fire Tariff by substituting the entry Electronic Software Parkwith Electronic Software Units[at Annexure-K] so far as Petitioner is concerned.) 1. Heard the learned Senior Advocate Sri Aditya Sondhi appearing for the counsel for the petitioners and the learned counsel appearing for the respondents. 2. These petitions are disposed of by this common order having regard to the fact that ...

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Nov 27 2015

r.srinivasan Vs. State by Police Inspector

Court: Karnataka

Decided on: Nov-27-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE27H DAY OF NOVEMBER, 2015 B E F O R E THE HONBLE MR.JUSTICE A.V.CHANDRASHEKARA CRL.A. No.702/2015 BETWEEN1 R.SRINIVASAN S/O M. GANGAIAH AGED ABOUT57YEAS ASSISTANT EXECUTIVE ENGINEER NO.C-2, SUB-DIVISION, B.W.S.S.B, HIGH GROUNDS BENGALURU-02 R/O NO.77/41, 14TH CROSS, 11TH MAIN, PADMANABHANAGARA, BANGALORE-70 2. NANJUNDAPPA S/O SUBBEGOWDA AGED ABOUT65YEARS ARTISAN, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, NO.C-2, SUB-DIVISION, BWSSB, HIGH GROUNDS, BANGALORE-02 ... APPELLANTS (By Sri: C G SUNDAR, ADV.) AND STATE BY POLICE INSPECTOR LOKAYUKTHA BANGALORE REP BY STATE SPECIAL PUBLIC2PROSECUTOR FOR LOKAYUKTHA CASES HIGH COURT OF KARNATAKA, HIGH COURT COMPLEX, BANGALORE-01 ... RESPONDENT (By Sri: VENKATESH P DALWAI, ADV. ) CRL.A. FILED U/S.374(2) CR.P.C BY THE ADV. FOR THE APPELLANT/ACCUSED NO.1 AND2PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE IMPOSED ON THE APPELLA...

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Nov 27 2015

Infosys Technologies Ltd Vs. Insurance Regulatory Development Authorit ...

Court: Karnataka

Decided on: Nov-27-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE27h DAY OF NOVEMBER, 2015 BEFORE THE HONBLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NOs.4333-334 OF2009(GM-RES) WRIT PETITION NOs.11115-11116 OF2009C/W In Writ Petition Nos.4333-334/2009: Between:1. Infosys Technologies Ltd., Plot No.44, Electronic City Hosur Road Bengaluru-576229 Represented by its Chief Financial Officer and Authorised Signatory Shri.V.Balakrishna 2. Shri.K.Suresh Kamath S/o Late Shri.K.Laxman Kamath Aged about 46 years No.1253, 20th Main Road 2nd Cross, JP Nagar, Phase II Bengaluru-560078. (By Shri.Aditya Sondhi, Sr.Counsel for Smt.Nidhishree B.V. Adv.) Petitioners 2 And:1. Insurance Regulatory Development Authority, Parisrama Bhavan, 5-9-58/b, Basheer Bagh, Hyderabad 500004, Represented by its Director. Tariff Advisory Committee, A statutory Body under the Insurance Act, 1938, Ador House 6, K.Dubash Marg, Mumbai 400023, Represented by its DGM in-charge Shri.D.K.Poddar.2.3. (By Sri.S.Sriranga, Adv., for ...

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Nov 27 2015

Smt Pramila M Vs. State of Karnataka

Court: Karnataka

Decided on: Nov-27-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE27h DAY OF NOVEMBER2015BEFORE THE HONBLE MR.JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION Nos.37111-37115/2015 c/w WRIT PETITION Nos.38001-38002/2015, 38074/2015 37949-37951/2015 , 38522-23/2015, 40453/2015, 39123/2015 AND420842015 (LB-ELE) IN WP Nos. 37111-37115/ 2015 : BETWEEN:1. 2. 3.4. SMT. PRAMILA M. W/O ANAND V, AGED ABOUT49YEARS, NO.40, 5TH MAIN, KRISHNAPPA BLOCK, GANGANAGAR EXTN., BANGALORE-560032. SMT. PRATHIMA R, W/O RAMESH KS, AGED ABOUT27YEARS, NO.136, 6TH MAIN, MEENAKSHI NAGAR, KAMAKSHI PALYA, BENGALURU-560 057. SMT. DEEPA NAGESH W/O. GP NAGESH, AGED ABOUT35YEARS, NO.375, 57TH CROSS, 3RD BLOCK, RAJAJINAGAR, BANGALORE-560 010. SMT. UMAVATHI PADMARAJ, W/O. SH PADMARAJ, AGED ABOUT42YEARS, NO.1077, 6TH MAIN, 3RD STAGE, 3RD BLOCK, SANEGURUVANAHALLI, BASAVESHWARANAGAR, BANGALORE-560079.5. 2 SMT. KUMARI PALANIKANTH, W/O. L PALANIKANTH, AGED ABOUT42YEARS, NO.22, 1ST CROSS, BHASHYAM NAGAR, SRIRAMPURAM, BANGALORE-560021. .....

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Nov 27 2015

Sharanabasappa S/O Basavantappa Gangangoudar Vs. Umesh S/O Karabasappa ...

Court: Karnataka Kalaburagi

Decided on: Nov-27-2015

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE27H DAY OF NOVEMBER, 2015 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.7136/2013 BETWEEN: SHARANABASAPPA S/O BASAVANTAPPA GANGANGOUDAR AGE:40. YEARS OCC: DOCTOR R/O NALATWAD, TQ. MUDDEBIHAL DIST. BIJAPUR- 586101. (BY SRI A SYED HABEEB, ADV.) AND: UMESH S/O KARABASAPPA GOUDA PATIL, AGE:38. YEARS OCC: BUSINESS & AGRICULTURE R/O NALATWAD TQ. MUDDEBIHAL DIST. BIJAPUR- 586 101. (BY SRI ASHOK S KINAGI, ADV.) ... APPELLANT ... RESPONDENT2THIS RSA IS FILED UNDER SECTION100OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:26. 02.2013 PASSED IN R.A. NO.13/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C AT MUDDEBIHAL WHEREIN, THE APPEAL WAS PARTLY ALLOWED & THE JUDGMENT AND DECREE DATED2506.2012 PASSED IN O.S. NO.235/2009 ON THE FILE OF THE CIVIL JUDGE AT MUDDEBIHAL WAS MODIFIED. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT This is the defendants appeal ...

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Nov 26 2015

M. Pitchaiah and Others Vs. K.S. Periyaswamy, Advocate

Court: Karnataka

Decided on: Nov-26-2015

(Prayer: This CRL.P is filed U/S. 482 of Cr.P.C., praying to quash proceeding in C.C. No.214/2013 pending on the file of Special Court for ECONOMIC OFFENCES, Bangalore, for offences P/U/S 447 of the Companies Act, 2013.) 1. The petitioners herein are arraigned as accused persons in a private complaint filed by respondent herein in respect of the offence punishable under Section 447 of the Companies Act, 2013; cognizance is taken by the Court against the accused persons. 2. The complaint allegation is to the effect that the complainant is a share holder of M/s BEML Ltd Company, Bengaluru. The president of India is a major share holder holding 54.03% equity shares by investing public money. He appoints the Board of Directors under the Companies Act, Articles of Association and Memorandum of Association of BEML Ltd. Company (for short Company') The board of directors of the company recommended 25% of the dividend to the share holders of the company for the financial year 2012-2013, though...

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Nov 26 2015

Prestige Estates Projects Limited Vs. State of Karnataka

Court: Karnataka

Decided on: Nov-26-2015

:1. : IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE26H DAY OF NOVEMBER, 2015 BEFORE THE HON'BLE MR. JUSTICE RAM MOHAN REDDY WRIT PETITION NOS:35011. 35012 OF2015(KLR-RES) BETWEEN: PRESTIGE ESTATES PROJECTS LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR & ANOTHER .. PETITIONERS (BY. SRI. VIVEK HOLLA, ADV.,) AND: STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY & OTHERS (BY GOVT. ADVOCATE & OTHER ADVOCATES) RESPONDENTS THESE PETITIONS COMING ON FOR ORDERS ON I.As. THIS COURT MADE THE FOLLOWING :2. : RMRJ:26. 11.2015 WP NOS.35011-12/2015 ORDER On 30.10.2015 the following order was passed : Today is a sad day in the history of State of Karnataka, City of Bangalore and India, in particular. The 7th respondent, represented by its President without awaiting a decision of this Court approached the press expressing apparent bias, apprehension that justice would not be done in a fair and unprejudiced manner and unwarranted allegations against the Court and the Presiding Judge ...

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