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Karnataka Court March 2015 Judgments

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Mar 05 2015

Madhukar and Others Vs. The State of Karnataka, By its Secretary, Depa ...

Court: Karnataka Dharwad

Decided on: Mar-05-2015

(Prayer: W.P.No.5919/2008 is filed under Articles 226 and 227 of Constitution of India praying to quash the Circular/order dated 05.03.2005 issued by respondent No.1 vide Annexure-C and the order dated 23/25.02.2008 and order dated 23/25.2.2008 vide Annexures-E and F respectively passed by respondent No.2. W.P.No.5920/2008 is filed under Articles 226 and 227 of Constitution of India praying to quash the order dated 23/25.2.2008 vide Annexure-A passed by respondent No.3 and Circular/order dated 05.03.2005 issued by respondent No.1 vide Annexure-B and etc.) 1. These two writ petitions are directed against the orders passed by the Deputy Labour Commissioner and Appellate Authority under Payment of Gratuity Act, Belgaum in exercise of power under Section 7(7) of the Payment of Gratuity Act, 1972. 2. Petitioners were employed under the 3rd respondent Hubli-Dharwad Municipal Corporation. Petitioners 1 and 2 in W.P.No.5919/2008 have retired on 31.07.1994 and 30.06.2000 respectively. Petitione...


Mar 05 2015

H.B. Shivakumar Vs. L.C. Hanumanthappa, Since deceased by his LRs. and ...

Court: Karnataka

Decided on: Mar-05-2015

(Prayer: This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 16.4.2009 passed in O.S.No.1386/1990 on the file of the XV Additional City Civil Judge, Bangalore City, decreeing the suit for declaration and permanent injunction.) 1. Heard Shri Aditya B Sondhi, learned Senior Advocate appearing for the Counsel for the appellant and Shri Vivek Reddy, learned Senior Advocate appearing for the Counsel for the respondents. 2. This is an appeal by the defendant. 3. The parties are referred to by their rank before the trial court for the sake of convenience. 4. It was the case of the plaintiffs that the original plaintiff was the absolute owner of the suit schedule property, a building on site bearing No.12/2, Old Site No.13, formed in land bearing Survey No.73, New Guddadahalli, Kempapura Agrahara, now called as Kuvempunagara, I Main Road, B Street, Corporation Division No.33, Bangalore, measuring east to west 30 feet and ...


Mar 05 2015

Madhukar Vs. State of Karnataka

Court: Karnataka Dharwad

Decided on: Mar-05-2015

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE5H DAY OF MARCH, 2015 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.No.5919/2008 C/w. W.P.No.5920/2008 (L-PG) IN W.P.No.5919/2008 BETWEEN:1. Madhukar, S/o.Vishnupant Laturkar Veerapur Oni, Kundgol Chawl, Hubli.2. Abdul Kasim Khan, S/o.Gousekhan Sur, Age:69. Residing at 317, 8th Cross, Arvind Nagar, Hubli. ..PETITIONERS (By Sri S.V.Shastri & Sri Ravi Hegde, Advs.) AND1 The State of Karnataka, By its Secretary, Department of Rural and Urban Development, M.S.Building, Bangalore 560 001.2. The Deputy Commissioner & Appellate Authority, 2 Under Payment of Gratuity Act, Belgaum.3. The Commissioner, Hubli Dharwad Municipal Corporation, Hubli. .. RESPONDENTS (By Smt.Veena Hegde, HCGP. for R1 & R2, Sri G.I.Gachchinamath, Adv. for R3) W.P.No.5919/2008 is filed under Articles 226 & 227 of Constitution of India praying to quash the Circular/order dated 05.03.2005 issued by respondent No.1 vide Annexure-C and the order dated 23/25.02.2008 ...


Mar 05 2015

Smt. M. Shashikala Vs. Sri. Krishna Murthy

Court: Karnataka

Decided on: Mar-05-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE5H DAY OF MARCH, 2015 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.263/2014 BETWEEN: SMT. M. SHASHIKALA W/O P. NARAYANAPPA AGED ABOUT37YEARS NOW R/A THEE TRUST, NO.149, 1ST FLOOR, 7TH CROSS, 10TH MAIN HAL2D STAGE, INDIRANAGAR BANGALORE56003. (BY SRI. P.NARAYANAPPA, ADV.) AND SRI. KRISHNA MURTHY S/O THIMMAIAH AGED ABOUT35YEARS R/A NO.2116, 15TH MAIN9H CROSS, HAL3D STAGE BANGALORE56000. (BY SRI DEEPAK J., ADV.) ... PETITIONER ... RESPONDENT2THIS CRL.P. IS FILED U/S.482 Cr.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.51659/2013 ON THE FILE OF XIV A.C.M.M., MAYO HALL UNIT, BANGALORE VIDE ANNEXURE-D; AND ETC. THIS CRL.P. IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner is facing trial in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (Act for short). Contending that the complaint is not maintainable and no pr...


Mar 05 2015

Karnataka State Vs. M/S Siyaram Arcade

Court: Karnataka

Decided on: Mar-05-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE05H DAY OF MARCH2015BEFORE THE HONBLE MR. JUSTICE RAM MOHAN REDDY WRIT PETITION Nos.57968-57969/2013 C/W WP Nos. 57692-57693 OF2013(GM-CPC) IN WP Nos.57968-57969/2013 BETWEEN: KARNATAKA STATE FINANCIAL CORPORATION, (ESTABLISHED UNDER THE STATE FINANCIAL CORPORATION ACT, 1951) BRANCH OFFICE AT NO.330/50 3RD FLOOR, BUNTS HOSTEL ROAD MANGALORE 575 003 REP. BY ITS T.R. NAGARAJ ASST. GENERAL MANAGER KARNATAKA STATE FINANCIAL CORPORATION, HEAD OFFICE AT NO.1/1, THIMMAIAH ROAD BANGALORE 560 002. ... PETITIONER (By Sri. BIPIN HEGDE, ADV.,) AND1 M/S SIYARAM ARCADE (A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT) COURT ROAD, PUTTUR- REPRESENTED BY ITS PARTNERS2MR. K. MOHAMMAD MRS. ZAINABI2 MR. K. MOHAMMAD S/O RAMAIAH AGED ABOUT46YEARS3 MRS. ZAINABI W/O K. MOHAMMAD AGED ABOUT36YEARS BOTH ARE RESIDING AT KURNADKA KEMMINJE VILLAGE, DARBE POST PUTTUR, D.K. DISTRICT4 SRI N. SUKUMAR AGED ABOUT63YEARS ADVOCATE, NO.6, 1ST FLO...


Mar 05 2015

Chartered Accountants of India Vs. Shri S Giridharan

Court: Karnataka

Decided on: Mar-05-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE5H DAY OF MARCH, 2015 PRESENT: THE HON'BLE Mr. JUSTICE VINEET SARAN AND THE HON'BLE Mrs. JUSTICE S.SUJATHA CIVIL PETITION No.191 OF2012BETWEEN: CHARTERED ACCOUNTANTS OF INDIA INDRAPRASTHA MARG NEW DELHI ... PETITIONER (BY SRI.S.S.NAGANAND SR. COUNSEL A/W SRI.VIKRAM UNNI ADV. FOR M/S JUST LAW ADVS.) AND: SHRI S GIRIDHARAN CHARTERED ACCOUNTANT1361, I FLOOR NADI GRUHA, 5TH MAIN CHAMARAJET BANGALORE-560018 ... RESPONDENT (BY SRI. K.KASTURI SR. COUNSEL FOR M/S KASTURI ASSOCTS, ADV. SRI.K.L.SHREENEVASA, CGC/ADV. (ABSENT)) ***** 2 THIS CIVIL PETITION FILED U/S.21(5) OF THE CHARTERED ACCOUNTANTS ACT1949 PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: PASS NECESSARY ORDERS IN ACCORDANCE WITH SECTION216) OF THE CHARTERED ACCOUNTANTS ACT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR FINAL DISPOSAL, J., DELIVERED THE THIS DAY, VINEET SARAN FOLLOWING: ORDER This is a reference case filed by the Council of the Inst...


Mar 05 2015

Shivakumar H B Vs. Sri L C Hanumanthappa

Court: Karnataka

Decided on: Mar-05-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE05H DAY OF MARCH2015BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY REGULAR FIRST APPEAL No.796 OF2009BETWEEN: H.B. Shivakumar, Son of H.C.Basavaraju, Aged about 52 years, Vijaya Building Materials, No.41/1, Bull Temple Road, Bangalore 560 004. APPELLANT Shri. Senior Advocate for Aditya Sondhi, (By Shri. K. Suryanarayana Rao, Advocate) AND: Sri.L.C.Hanumanthappa, Since deceased by his Legal Representatives 1.2. Smt. Laxmidevamma, Wife of Late L.C.Hanumanthappa, Aged about 70 years, Sri. Srinivas, 2 Son of Late L.C.Hanumanthappa, Aged about 35 years, (By Shri. Vivek Reddy, Senior Advocate for Shri. Y. Hariprasad, Advocate for Respondent Nos.1 and2) Both are residing at Achammanahalli, Y.N.Hoskote Hobli, Pavgada Taluk, Tumkur District 561 202. RESPONDENTS ***** This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 16.4.2009 passed in O.S.No.1386/1990 on...


Mar 05 2015

Mallu S/O Vittal Toravi Vs. The State of Karnataka

Court: Karnataka Kalaburagi

Decided on: Mar-05-2015

1 IN THE HIGH COURT OF KARNATAKA R KALABURAGI BENCH DATED THIS THE5H DAY OF MARCH2015BEFORE THE HONBLE MR. JUSTICE K.N.PHANEENDRA CRL.P. No.201108/2014 C/W CRL.P. Nos.201109/2014, 200597/2014 200598/2014, 200599/2014, 200600/2014, 200601/2014, 200602/2014, 200603/2014, 200604/2014, 200605/2014, 200607/2014, 200608/2014, 200609/2014, 200610/2014, 200611/2014, 200612/2014, 200613/2014, 200614/2014 & 200606/2014 In Crl.P.No.201108/2014 Between: Mallu S/o Vittal Toravi Age:28. years, Occ: Private Service R/o Jay Nagar Colony Gyangboudi, Bijapur 586 101 (By Sri R.S.Lagali, Advocate) Petitioner 2 And: The State of Karnataka Represented by the PSI Gandhi Chowk Police Station Bijapur 586 101 (By Sri Prakash Yeli, Addl. SPP) Respondent This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash all further proceedings pursuant to charge sheet dated 18.09.2014 filed by the respondent in C.C.No.2053/2014 (arising out of Gandhi Chowk P.S. Crime No.138/2014 ) pending on the f...


Mar 05 2015

Mr Keshava Gowda C H Vs. State of Karnataka

Court: Karnataka

Decided on: Mar-05-2015

- 1 - WP.No.9190/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE5H DAY OF MARCH2015BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.9190/2015 (CS-RES) R ... PETITIONER STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE 560 001 BETWEEN: MR. KESHAVA GOWDA C.H. SON OF C.H.CHINNAPPA GOWDA AGED ABOUT56YEARS CHILTHADKA HOUSE NALKURU VILLAGE GUTHIGARU POST SULYA TALUK MANGALORE DISTRICT 575 101 (BY SRI M.G.S. KAMAL, M/S. KAMAL AND BHANU, ADVOCATES) AND:1. 2. 3.4. KARNATAKA STATE COOPERATIVE SOCIETIES, 3RD FLOOR PTMC A BLOCK, SHANTHI NAGAR BANGALORE 560 027 THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD BANGALORE 560 001 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES PUTHUR SUB DIVISION PUTHUR, MANGALORE DISTRICT 575 101 - 2 - WP.No.9190/2015 GUTHIGARU PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY (N) GUTHIGARU POST 574 218 SULYA TALUK, DAKSHINA KANNADA REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MR. BALAKRISHNA K.C THE RET...


Mar 04 2015

Chandraprakash and Others Vs. Puttaraju and Others

Court: Karnataka

Decided on: Mar-04-2015

(Prayer: MFA Filed U/O 43, Rule 1(R) Of Cpc, Against The Order Dated:18.11.2013 Passed On Ia No.5 In O.S.No.2766/2012 On The File Of The 7th Additional City Civil Judge, Bangalore, Dismissing Ia No.5 Filed U/O 39, Rule 1 and 2, R/W Sec 151 Of Cpc.) 1. Plaintiffs of an original suit in O.S.2766/12 which is pending on the file of VII Additional City Civil Judge, Bengaluru City, have filed this appeal since they are aggrieved by the rejection of their application filed by them under Order XXXIX Rules 1and 2, C.P.C. 2. Plaintiffs have filed a suit for the relief of partition and separate possession claiming in all 3/5th share in respect of the suit schedule property measuring 45' east-west and 80' north- south bearing No.88 situated on Cubbonpet, Bengaluru City. During the pendency of the suit, they had requested the court to grant an order of temporary injunction against interference insofar as the 10th defendant is concerned. The said application was contested by filing detailed objectio...


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