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Karnataka Court June 2015 Judgments

Jun 29 2015

Ashok P. Shah Vs. M/s. Pullicar Mills Ltd.

Court: Karnataka

Decided on: Jun-29-2015

(Prayer: This WP is filed under Article 226 and 227 of Constitution of India praying to quash the impugned order dtd.6.8.2014, on I.A.No.7 passed by the Civil Judge (Sr.Dn) at Chitradurga in O.S.No. 16/2014 vide Annex-E passed on interlocutory application filed u/s.151 of CPC and further prays that said interlocutory application be dismissed and further pleased to hold that provisions of order XXXVII rule is applicable to all such courts as stated in the rule 1 of order XXXVII of CPC and to further declare that the circular in Roc No.2526/1959 is not applicable to provisions of order XXXVII of CPC as it exist as on today and etc.) 1. Heard the learned counsel for the parties. The matter is listed for final hearing. 2. The order dated 6.8.2014 passed by the Civil Judge (Senior Divn.), Chitradurga, in O.S. 16/14 is called in question. The application was filed under Section 151, C.P.C. by the defendant therein. The learned judge, after analyzing the material on record, has passed the fol...

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Jun 29 2015

Sri B C Narayanaswamy Vs. Smt Makbulunnisa

Court: Karnataka

Decided on: Jun-29-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF JUNE2015BEFORE THE HON'BLE MR.JUSTICE A.V.CHANDRASHEKARA WRIT PETITION No.8673/2014 (GM-CPC) BETWEEN:1. Sri.B.C.Narayanaswamy, S/o.Chikkakrishnappa, Aged 51 years, R/o.Bheemakanahalli Village, Sulibele Hobli, Beguru Post, Hosakote Taluk, Bengaluru Rural Dist. Rep by the plaintiff No.2 As the General Power of Attorney Holder. Sri.S.N.Kempaiah, S/o.Narasimhaiah, Aged 47 years, R/o.Siddapura Village. Kemblaganagahalli Post, Nandagudi Hobli, Hosakote Taluk, Bengaluru Rural Dist. ...PETITIONERS2 (By Sri.Vijay Krishna Bhat.M., Adv.,) AND:1. Smt.Makbulunnisa, W/o.Late Syed Ahamed Sab, 2 Aged 62 years. Chand Pasha. S/o.late Syed Ahmed Sab, Aged about 41 years, d/o.late Syed Ahmed Sab, aged about 27 years, 2.3. Miss.Shahin Taj, 4. Smt.Bhanu, d/o.late Syed Ahamed Sab, aged about 25 years, respondents 1 to 4 are r/a. Siddapura village, Nandagudi Taluk, Hosakote Taluk, Bengaluru Rural District. w/o.Chand Pasha, aged about 41 ...

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Jun 29 2015

Sri. Ashok P Shah Vs. M/S. Pullicar Mills Ltd.

Court: Karnataka

Decided on: Jun-29-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF JUNE2015BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NO.39051/2014 (GM-CPC) BETWEEN: SRI. ASHOK P SHAH S/O SRI PUKHRAJ T SHAH AGED ABOUT52YEARS PROP:M/S SHAH KANMAL PUKHRAJ COTTON MERCHANTS KAVYA, DAVENAGERE ROAD CHITRADURGA-577501 (By Sri: PARAS JAIN, ADV.) AND M/S. PULLICAR MILLS LTD. #107, SANKARI ROAD POST BOX NO.7 TIRUCHENGODE-637211 NAMMAKKAL DISTRICT TAMILNADU E-MAIL ID:[email protected] (By Sri : M V REVANASIDDAIAH, ADV.) ... PETITIONER ... RESPONDENT2VIDE PASSED ANNEX-E (SR.DN) AT CHITRADURGA THIS WP IS FILED UNDER ARTICLE226AND227OF CONSTITUTIOIN OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.6.8.2014, ON I.A.NO.7 PASSED BY THE CIVIL JUDGE IN O.S.NO.16/2014 ON INTERLOCUTORY APPLICATION FILED U/S.151 OF CPC AND FURTHER PRAYS THAT SAID INTERLOCUTORY APPLICATION BE DISMISSED AND FURTHER PLEASED TO HOLD THAT PROVISIONS OF ORDER XXXVII RULE IS APPLICABLE TO ALL SUCH COURTS AS STATE...

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Jun 29 2015

Annabel Builders Developers Private Limited Vs. The State of Karnataka

Court: Karnataka

Decided on: Jun-29-2015

1 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE29h DAY OF JUNE2015 BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NOS.11380-11381 OF2015BDA) BETWEEN:1. ANNABEL BUILDERS DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.1-E, JHANDEWALAN EXTENSION NEW DELHI11055AND OFFICE AT NO.356/1/1 AKSHAYA NAGARA MAIN ROAD BEGUR, OFF BANNERGHATTA ROAD BANGALORE URBAN56006, REPRESENTED BY ITS AUTHORIZED SIGNATORY MRS G REVATHY2 WESTEND HEIGHTS CONDOMINIUM APARTMENT OWNERS WELFARE ASSOCIATION A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT HAVING ITS REGISTERED OFFICE AT DLF NEW TOWN, NO.356/1, BEGUR AKSHAYANAGAR MAIN ROAD BANGALORE URBAN56006 REPRESENTED BY ITS SECRETARY MR PRAVEEN K.V YADAV (By Sri. UDAYAHOLLA, SENIOR COUNSEL A/W SRI. MAHESH A.S, ADV.,) ... PETITIONERS2AND1 THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT AND TOWN PLANNING VIKAS SOUDHA BANGALORE560001. REPRESENTED BY ITS SECRETARY...

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Jun 29 2015

Yashoda Vs. Secretary (Home Department)

Court: Karnataka

Decided on: Jun-29-2015

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29h DAY OF JUNE, 2015 R PRESENT THE HONBLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR AND THE HONBLE MR.JUSTICE BUDIHAL R.B. WRIT PETITION (HABEAS CORPUS) NO.76/2015 BETWEEN : Yashoda W/o Jaya Poojary Aged about Major R/o No.10-126 Near Someshwara Railway Station Someshwara Village Mangalore Taluk Dakshina Kannada-575022 Detenu: Keshava Poojari @ Choni (By Sri Aruna Shyam, Adv.,) AND : ..Petitioner 1. Secretary (Home Department) Vidhana Soudha Bangalore-560001 - 2 - 2. Police Commissioner Mangalore City Mangalore 3. Senior Superintendent of Prisons Bellary Central Prisons Bellary ..Respondents (By Sri D.Nagaraj, Addl. Government Advocate.,) This Writ Petition (Habeas Corpus) under Article 226 of the Constitution of India is filed by the advocate for the petitioner praying that this Honble Court be pleased to issue a writ in the nature of Habeas Corpus or any writ order or direction declaring the detention of Keshava Poojary @ Chon...

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Jun 26 2015

Eric Christopher Lobo Vs. Fr. Mullers Charitable Institutions, Registe ...

Court: Karnataka

Decided on: Jun-26-2015

1. This petition was disposed of by order dated 24-6-2011. The respondents had then preferred an appeal in W.A.Nos.15040 and 15041 of 2011 which has been disposed of by a judgment dated 18-3-2015, whereby the Division Bench has thought it fit to allow the appeal and set aside the order passed by this Bench and has directed that the matter be reconsidered. 2. Heard the learned Counsel for the petitioner, and the learned Counsel for the respondents. 3. The facts of the case were as follows: The petitioner was a masters Degree Holder in Medical Bio-Chemistry and was appointed as a Bio-Chemist in an institution namely, Father Mullers Charitable Institution-the first respondent, which is a registered society running several institutions including Father Mullers Institution of Medical Education and Research which offers courses in Physiotherapy and Medical Laboratory Technology. The petitioner was said to be appointed on 30-6-1994 and at the end of one year, the petitioner was reappointed by...

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Jun 26 2015

M.A. Bharathidevi Vs. State of Karnataka

Court: Karnataka

Decided on: Jun-26-2015

1. This appeal is preferred against the judgment of conviction and order of sentence dated 24-6-2010 passed by II Additional District and Session Judge, Tumkur, in S.C.No.125 of 2009 whereby the appellant-accused 3 has been convicted for the offence punishable under Section 306 of IPC and has been sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for six months, while acquitting the accused 1 and 2. 2. The facts in brief which gave rise to this appeal are as under: P.W.1-M. Gangadhcuappa lodged a complaint-Ex.P.1 on 8-3-2006 before Kyathasandra Police Station, Tumkur against accused 1 to 3-the teachers working in Jawahar Navodaya, Gollahalli, Tumkur. It is alleged in the complaint that his daughter deceased Punithashree was studying in 11th Standard; she was subjected to ill-treatment and harassment by accused 1 to 3-the teachers by critising her as to her physique; that she had developed moustache...

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Jun 26 2015

N. Sampath Vs. M/s. Muthu Metal Industries and Others

Court: Karnataka

Decided on: Jun-26-2015

(Prayer: This W.P. filed under Article 227 of Constitution of India praying to quash the order passed on I.A. No. 7 in O.S. No. 5079 of 2009 dated 23.4.2015 [wrongly typed as 23.3.2015] on the file of XVII Addl. City Civil and Sessions Judge, Bangalore vide Ann-F.) 1. Heard the learned counsel for the parties. With the consent of the learned counsel for the parties, the matter is taken up for final disposal. 2. The order dated 23.4,2015 passed on I.A.No.7 in O.S.5079/2009 on the file of XVII Addl. City Civil and Sessions Judge, Bangalore is called in question in the present petition. 3. Petitioner is the sole plaintiff in the said suit. He has filed a suit for relief of specific performance on the basis of an agreement of sale stated to have been executed in favour of defendant No. 1-Partnership Firm represented by the remaining defendant Nos.2 to 9, who are the partners of the said firm. ƒ 4. During the pendency of the said suit, defendant No.2 has filed written statement, which ...

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Jun 26 2015

V. Anitha Gangadhara and Others Vs. S. Srirama Reddy and Another

Court: Karnataka

Decided on: Jun-26-2015

(Prayer: This M.F.A. is filed under Section 173 (1) of MV Act against the Judgment and Award dated: 03.05.2013 passed in M.V.C. No.7450/2004 on the file of the III Additional Senior Civil Judge, Member, MACT, Bangalore, dismissing the claim petition for compensation.) Rathnakala, J. 1. This appeal is directed against the judgment and award dated 3rd May 2013 passed in M.V.C.No.7450/2004 on the file of the III Additional Senior Civil Judge and M.A.C.T., Bangalore (SCCH-18) ( ˜the Tribunalfor short) whereby the claim petition of the appellants is dismissed. 2. By the impugned judgment, the jurisdictional Tribunal has rejected the petition filed by the claimants/appellants under Section 166 of the Motor Vehicles Act ( ˜the Actfor brevity). 3. Succinctly stated, on 11.5.2001 one S.Gangadhara suffered grievous injury in a motor vehicle accident while proceeding on his Motor Cycle bearing registration No.KA-03/W-582 on Bangalore-Hosur NH-7 Road, towards Hosur. The rider of the of...

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Jun 26 2015

State Bank of Mysore Vs. Venkangouda Tippanagowda Patil and Another

Court: Karnataka Dharwad

Decided on: Jun-26-2015

(Prayer: This Appeal is filed under Section 100 r/w Order XLII of the CPC, against the judgment and decree dated 02.07.2010 passed in R.A.No.7/2009 on the file of the Prl. Civil judge, Bagalkot at Bagalkot, dismissing the appeal filed against the judgment dated 03.01.2009 and the decree passed in O.S.No.113/1998 on the file of the Prl. Civil Judge (Jr.Dn.) Bagalkot, dismissing the suit filed for recovery of money.) 1. This appeal is directed against the judgment and decree passed by the lower appellate Court in R.A.No.7/2009 dated 02.07.2010. 2. For the sake of convenience, parties are referred to as they are referred to in the suit before the trial Court. 3. Briefly stated the facts are as follows: Plaintiff-Bank had sanctioned commercial loan of Rs.30,000/- to defendant No.1, to run his Video Cassette Library on 16.06.1995 and defendant No.2 stood as guarantor in securing the credit facility from the plaintiff- bank. As per the terms of sanction, defendants have agreed to repay the l...

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