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Karnataka Court July 2015 Judgments

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Jul 16 2015

Dr. k.v. Satish Vs. The Principal Secretary

Court: Karnataka

Decided on: Jul-16-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16h DAY OF JULY2015BEFORE THE HONBLE MR.JUSTICE RAGHVENDRA.S.CHAUHAN Writ Petition No.45474/2014 C/w.Writ Petition No.48921/2014 (S-PRO) W.P.No.45474/2014 : Between: Dr.K.V.Satish, Aged 42 years, S/o.K.Venkataramaiah, Working as Associate Professor, Dept. of Forensic Medicine, Bangalore Medical College and Research Institute, (Bowring Hospital), Fort, Bangalore. R/a.No.397, 9th Main, G.P.Rajarathnam Road, Hanumanthanagar, Bangalore. Petitioner (By Sri.D.R.Ravishankar, Adv.,) And:1. 2 The Principal Secretary, Government of Karnataka, Dept. of Health and Family Welfare, (Medical Education), Vikasa Soudha, Bangalore. The Director, Medical Education, Anand Rao Circle, Bangalore. 2 The Dean & Director Bangalore Medical College and Reasearch Institute Fort, Bangalore. The Medical Superintendent, Victoria Hospital, Fort, Bangalore. The Chief Administrative Officer, Bangalore Medical College and Research Institute, Fort, Bangalore.3...


Jul 16 2015

Abdul Kareem S/O Dastageer Sab Vs. The State Through

Court: Karnataka Kalaburagi

Decided on: Jul-16-2015

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE16H DAY OF JULY2015BEFORE THE HONBLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.200604/2015 BETWEEN ABDUL KAREEM S/O DASTAGIR SAB, AGE:23. YEARS, OCC: STUDENT, R/O: DYAMANAL VILLAGE, TQ: SHORAPUR, DIST: YADGIRI. ... PETITIONER (BY SRI. AVINASH A. UPLOANKAR, ADVOCATE) AND THE STATE THROUGH HUNASAGI POLICE STATION, DIST: YADGIR. (BY SRI. MAQBOOL AHMED, HCGP) ... RESPONDENT THIS CRL.P. IS FILED U/S.482 OF CR.P.C PRAYING TO EXERCISE ITS INHERNET POWERS U/SEC. 482 CR.P.C AND EXAMINE THE RECORDS AND QUASH THE ORDER OF ISSUANCE OF NBW AGAINST A-5 AND ARRAYING HIM AS ACCUSED (CRIME NO.101/2013) PENDING BEFORE THE DISTRICT AND SESSIONS JUDGE AT YADGIRI. IN SPL. CASE NO.46/2013 2 THIS CRIMINAL PETITION COMING ON FOR ORDERS REGARDING OFFICE OBJECTION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petition is filed seeking quashing of the order dated 24.07.2014 passed by the learned Sessions Judge, Yadgiri, in Spl. Case (SC...


Jul 15 2015

Cauvery Belliappa (Since Deceased) By L.Rs. and Another Vs. B.B. Cheng ...

Court: Karnataka

Decided on: Jul-15-2015

1. Heard the learned Counsel for the plaintiffs and the learned Counsel for the defendants. 2. The petition for grant of probate of the Will of late Mrs. Pattamada Bhojamma Chengappa (hereinafter referred to as Mrs. Chengappa', for brevity), is converted into a testamentary suit, in view of the respondents having entered caveat. The first plaintiff was the eldest daughter of late Mrs. Chengappa and the second plaintiff was her husband. Mrs. Chengappa is said to have died on 3-6-2001, at No. 3, John Armstrong Road, Richards Town, Bengaluru. A copy of the death certificate is produced. The writing annexed and marked with the letter Ato the plaint is claimed to be the last Will and testament of Mrs. Chengappa dated 22-5-1998 and is stated to be duly executed by her in the presence of witnesses, whose names appear at the foot of the Will. In the Will, the plaintiffs are appointed as executors of the Will. Mrs. Chenngappa was married to one P.M. Chengappa, who died as on 11-11-1970. Mrs. Ch...


Jul 15 2015

H.N.M. Prasad Vs. Vasundara Srinivasan and Another

Court: Karnataka

Decided on: Jul-15-2015

(Prayer: This W.P. is filed under Article 227 of the Constitution of India praying to quash the initiation of proceedings and issuance of summons produced at Annx-E arraing the petitioner as defendant no.2 in Arbitration Suit No.0000062/2015 on the file of City Civil and Sessions Judge (CCH-45) at Bengaluru and etc.) 1. Heard the learned counsel for the parties. With their consent, the matter is taken up for final hearing. 2. Sri.H.N.M.Prasad a practicing advocate of Bangalore City is the petitioner in the present case. He has passed an award in terms of the provisions of the Arbitration and Conciliation Act, 1996 on 10.3.2015 relating to a case between Vasundhara Srinivasan and M/s.Keppel Puruvankara Developers Pvt. Ltd. The said award passed is challenged respondent No.1 Vasundhara Srinivasan before the City Civil Court Bangalore in Arbitration Suit i.e.., A.S.NO.62/2015 in terms of Section 34 of Arbitration and Conciliation making M/s.Keppel Puruvankara Developers Pvt. Ltd. as defen...


Jul 15 2015

V. Shankar and Another Vs. Secretary Urban Development Authority Vikas ...

Court: Karnataka

Decided on: Jul-15-2015

(Prayer: Writ Appeals are filed under S.4 of the High Courts Act, 1961 praying to set aside the order dated 13.3.2015 in WPs 755-756/2015.) The dispute in the present appeals is with regard to the contract for construction of a commercial complex to be raised by Srinivasapura Town Municipality, Kolar. On a resolution for construction of a commercial complex having been passed sometime in February, 2014 by the Municipality, the State Government sanctioned the project which was valued at Rs. 5 crores and same was subject to certain conditions imposed in the Government Order dated 4.6.2014. One such condition was that the procedure laid down in the Karnataka Transparency in Public Procurement Act, 1999 (for short the Act') and the Rules framed thereunder, as well as the procedure for e-procurement method, be observed and also to obtain approval of the competent authority. Because of drought in the region and acute shortage of drinking water, the Municipality found that in the interest of ...


Jul 15 2015

Chennakeshavaiah Vs. The Special Deputy Commissioner and Others

Court: Karnataka

Decided on: Jul-15-2015

1. Though the matter is listed today for orders as regards compliance of office objection, with the consent of the learned Advocates appearing for the parties, it is taken up for final disposal. 2. This is an appeal against the judgment and order dated July 30, 2014, passed by the Hon'ble Single Judge in Writ Petition No.25612 of 2010. 3. By the order impugned, the Hon'ble Single Judge dismissed the writ petition holding that as the petitioner was not a party either before the Assistant Commissioner or before the Deputy Commissioner in the proceedings initiated under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, he cannot maintain the writ petition without seeking leave of the Court. 4. Mr. Chennarayappa-respondent 3 in this appeal applied for restoration of possession of the land under the said Act, which was alienated by his grandfather on the allegation that the land was granted to his grandfather between 1940 and 1950 as h...


Jul 15 2015

JSW Steel Limited, Bandra (East) Vs. Government of Karnataka, Departme ...

Court: Karnataka

Decided on: Jul-15-2015

1. Similar questions of fact and law are involved in all these cases. 2. By consent of Mr. D.L.N. Rao, learned Senior Advocate for the petitioners and Mr. Madhusudan R. Naik, learned Senior Advocate for the Caveator respondent 4, we take up hearing of all the three matters together. 3. These writ petitions are filed by unsuccessful applicants for quashing the recommendation made by the State Government for grant of mining lease. The recommendation was made in favour of the private-respondent 4. 4. Mr. Madhusudan R. Naik, learned Senior Advocate appears for the Caveator respondent 4. He raises a preliminary objection with regard to the maintainability of these writ petitions on the ground that the recommendation is not final until the Central Government passes an order either granting or refusing approval under Sections 5(1) and 11(5) of the Mines and Minerals (Development and Regulation) Act, 1957, and, therefore, it is not permissible for the writ petitioners to approach this Court by...


Jul 15 2015

Kingfisher Airlines Limited Vs. Aerotron Limited

Court: Karnataka

Decided on: Jul-15-2015

(Prayer: Counsel for the appellant has filed the above appeal u/s 483 of the Companies Act, 1956, r/w Section 4 of the Karnataka High Court Act, 1961, praying this Hon'ble court to set aside the impugned order dated 6th December, 2013, passed by the learned company judge in Co.P No.214 of 2012 and all action, if any, taken in pursuant thereof.) 1. Respondent company Aerotron Limited, having its office in United Kingdom, had filed company petition No.214/2012 under Section 433(e) and (f) read with Section 434 and 439(1)(b) of the Companies Act, 1956 for winding up of the appellant-company. 2. The case of respondent is that certain amounts were admittedly due to be paid by the appellant company to the respondent company for which an agreement was entered into between the two companies on 24.02.2012 whereby the appellant company had acknowledged its liability to pay the outstanding amounts in installments spread over several months between March and October, 2012. Appellant contested the ...


Jul 15 2015

Sri H N M Prasad Vs. Smt Vasundara Srinivasan

Court: Karnataka

Decided on: Jul-15-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF JULY2015BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NO.28547/2015 (GM-CPC) BETWEEN: SRI H N M PRASAD ADVOCATE, NO.11, 1ST FLOOR, AMAR TOWERS, 1ST CROSS, B.B NAIDU ROAD, GANDHINAGAR, BANGALORE-09 ... PETITIONER (By Sri: H N M PRASAD, PARTY-IN-PERSON) AND1 SMT VASUNDARA SRINIVASAN W/O S.R. SRINIVASAN R/AT FLAT NO.36, AMBER BLOCK, ESTEEM HERITAGE, 3/7, ROSE GARDEN ROAD, J.P. NAGAR, 5TH PHASE, BANGALORE-78 2. M/S KEPPEL PURAVANKARA DEVELOPMENT PVT. LTD. 39, 1ST A CROSS, 8TH MAIN, OPP. MOUNT CARMEL COLLEGE, VASANTHNAGAR, 2 BANGALORE-52 REP BY THE MANAGING DIRECTOR ... RESPONDENTS THIS W.P. IS FILED UNDER ORDER227OF THE INDIA PRAYING TO QUASH THE CONSTITUTION OF INITIATION OF PROCEEDINGS AND ISSUANCE OF SUMMONS PRODUCED AT ANNX-E ARRAING THE PETITIONER AS DEFENDANT NO.2 IN ARBITRATION SUIT NO.0000062/2015 ON THE FILE OF CITY CIVIL & SESSIONS JUDGE (CCH-45) AT BENGALURU AND ETC. THIS WRIT PETITION COM...


Jul 15 2015

Kingfisher Airlines Limited Vs. Aerotron Limited

Court: Karnataka

Decided on: Jul-15-2015

1 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE15H DAY OF JULY, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE ARAVIND KUMAR OSA NO.20/2014 BETWEEN: KINGFISHER AIRLINES LIMITED A PUBLIC LIMITED LIABILITY COMPANY, INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT UB TOWER, LEVEL12UB CITY24VITTAL MALLYA ROAD, BENGALURU-560 001 ..APPELLANT (BY SRI.S.V.RAJESH, ADVOCATE) AND: AEROTRON LIMITED A COMPANY INCORPORATED AND EXISTING UNDER THE LAWS OF ENGLAND AND WALES, HAVING ITS REGISTERED OFFICE AT WESTLEY HOUSE, FLEMING WAY WEST SUSSEX, RH10 (GA) UNITED KINGDOM REPRESENTED BY ITS2SRI.A.C.ACHAPPA, CONSTITUTED ATTORNEY. ..RESPONDENT (BY SRI.S.S.NAGANAND, SENIOR COUNSEL ALONG WITH ADVOCATE, M/s.NDA PARTNERS) COUNSEL FOR THE APPELLANT HAS FILED THE ABOVE APPEAL U/S483OF THE COMPANIES ACT, 1956, R/W SECTION4OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO SET ASIDE THE IMPUGNED ORDER DATED6H DECEMBER, 2013, PAS...


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