Karnataka Court July 2015 Judgments
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Rajesh Khanna Bhat Vs. Rajani C. Bhat and Another
Court: Karnataka
Decided on: Jul-10-2015
1. This is a petition under Article 227 of the Constitution of India challenging the order passed by the learned Civil Judge, Moodabidri, in an unnumbered original suit filed by the petitioner as plaintiff against two persons namely, Smt. Rajani C. Bhat and Chandrashekar Swamiji in the year 2014. 2. Office of the said Court had raised certain objections in regard to the Court fee paid. According to the office, Court fee is to be paid at Rs.18,00,000/- as found in the body of the plaint and not as found in the valuation slip furnished along with the suit. The learned Judge has upheld the office objections and has directed the petitioner to pay Court fee on the actual and real market value of the schedule property as on the date of filing the suit. It is this order dated 10-10-2014 which is challenged before this Court on various grounds as set out in the petition. 3. The petitioner has filed the above suit seeking the relief as found in paragraph 6(a) of the plaint which is as under: (a...
Prism Cement Limited, Bangalore Vs. D.C.S. Limited, Himayath Nagar, Hy ...
Court: Karnataka
Decided on: Jul-10-2015
Rathnakala, J. 1. The judgment and decree passed by 6th Additional City Civil Court, City Civil Judge, Bangalore on his file in Arbitration Suit No. 119 of 2006, dated 17-10-2008 is under attack in this appeal. By the impugned judgment, the learned Court dismissed the suit filed by this appellant/plaintiff under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act') came to be dismissed. 2. The plaintiff had filed the said suit to set aside the award passed by the Arbitrator on 5-8-2006. 3. Briefly stated: The appellant s predecessor by name M/s. Fletcher Pioneer (India) Private limited (the previous company since purchased by the appellant, hereinafter for short the appellant') entered into a rock processing/crushing agreement dated 10-4-2002 with Delta Constructions Systems Limited (hereinafter for short the Delta') as per Ex.C.17, dated 10-4-2002 for crushing of feed rock supplied by the appellant into small pieces. As per the agreement, the a...
S. Prakash Vs. Mita Hamsagar
Court: Karnataka
Decided on: Jul-10-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed on IA. No. 11 in MC. No. 3203/11 dt. 24.8.13, on the file of 1 Addl Prl. Family Judge, Bangalore vide Ann-E.) 1. The petitioner is before this Court assailing the order dated 24.08.2013 impugned at Annexure-E to the petition. 2. The petitioner herein is the husband of the respondent. There is no dispute with regard to the relationship between the parties. The respondent herein has instituted a petition before the Court below in MC. No. 3203/2015. During the pendency of the said petition, the respondent herein filed an application under Section 24 of the Hindu Marriage Act, seeking maintenance at the rate of Rs. 35,000/- per month, pending disposal of the petition. The Court below after considering the rival contentions has directed the payment of maintenance at Rs. 10,000/- to the respondent herein and Rs. 5,000/- to the child of the parties. The petitioner cla...
College of Dental Sciences and Others Vs. State of Karnataka, by its P ...
Court: Karnataka
Decided on: Jul-10-2015
(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to call for records of the proceedings from the respondents and to quash the impugned communication dtd.19.2.2015 vide Annexure-A and Communication dtd.2.7.2015 vide Annexure-A1 both issued by the R-2 in so far as it seeks to direct discharge of petitioners 2 to 4 and deny their admission to 1st year BDS course and etc.,) H.G. Ramesh, J. (Oral) 1. Is it permissible for a Dental College in Karnataka to hold a separate entrance test only for the purpose of filling the unfilled seats in the I year BDS course and, whether holding of such a test would be contrary to the directions of the Supreme Court in Priya Gupta vs. State of Chhattisgarh [(2012)7 SCC 433]? This is the question that requires determination in these writ petitions. 2. Admission of petitioner Nos.2, 3 and 4 to I year BDS Course in petitioner No.1 College is not approved by the University as per its Communication dtd. 191'...
Dr. B.K. Naik and Others Vs. State of Karnataka, Ministry of Lay and P ...
Court: Karnataka Dharwad
Decided on: Jul-10-2015
(Prayers: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash Annex-F published in Karnataka Gazette dtd.12.2.2014 and direct the R-1 to follow the decision rendered by this Court in W.A.No.848/2008 c/w 450/2007 dtd.3.11.2009 vide Annexure-E in treating the private educational institutions employees on par with government employees in providing service benefits to them. This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash notification at Annexure-H, published in Karnataka Gazette, dated:12.02.2014, issued by respondent No.1 and Annexure-J, circular issued by the respondent No.3 dated:05.09.2014 and direct the respondents to treat the private education employees on par with Government employees and providing service benefits to them and etc., This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quashing notification at Annexure-H, published in Karnat...
Dilli Babu Vs. The State of Karnataka, Department of Stamp and Registr ...
Court: Karnataka
Decided on: Jul-10-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dtd.23.8.2014 passed by the XIX Additional City Civil Judge, Bangalore in execution case no.1983/2014 at Annex-C to the W.P; and etc.) 1. The petitioner is before this court assailing the order dated 23/8/2014 passed in Execution Case No. 1983/ 14 impugned at Annexure-C to the petition. 2. The petitioner in order to execute the award passed by the Arbitral Tribunal, had instituted the execution case in E.C.No. 1983/14. The payment of stamp duty on the said document arose for consideration before the executing court in view of the note put up by the registry. The executing court, at the first instance, on hearing the learned counsel for the petitioner, was of the view that the stamp duty of Rs.2,05,972/- is payable keeping in view the provision contained in Article 11 (b) of the Schedule to Karnataka Stamp Act. The petitioner has accordingly paid the stamp duty of Rs.2...
M/s. Rajesh Exports Limited Vs. Chairman and Another
Court: Karnataka
Decided on: Jul-10-2015
(Prayer: This Writ Appeal filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the Order passed in the writ petition No 31835 of 2013 dated March 18, 2015 and etc.) 1. This is an appeal preferred by the writ petitioner against the judgment and order dated March 18, 2015, passed by the Hon'ble Single Judge of this Court in Writ Petition No.31835 of 2013. By the order impugned, His Lordship, relying upon a decision of the Supreme Court of India in OIL AND NATURAL GAS COMMISISON vs UTPAL KUMAR BASU [(1994) 4 SUPREME COURT CASES 711], and holding that mere location of a registered office or receipt of communication would not give rise for cause of action, dismissed the application under Article 226 of the Constitution of India. His Lordship held that as the consignment was received at Delhi Air Cargo Complex and the writ petitioner took delivery of the said consignment at Delhi and transported to Uttarakhand, no part of cause of action, either fully or in part,...
Dr. Satish Babu Vs. M.D. Anwar
Court: Karnataka
Decided on: Jul-10-2015
1. Heard the learned Counsel for the parties. Perused the impugned order dated 22-10-2013 passed in SCC No. 2119 of 2011 pending on the file of the IV Additional Small Causes Judge, Bangalore. 2. The petitioner herein is the plaintiff and the respondent herein is the defendant in the said suit. Petition has been filed before the Trial Court for eviction of the respondent from the suit schedule premises. During the course of the evidence, the petitioner wanted to rely upon an unregistered agreement of lease stated to have been entered into between himself and the defendant and wanted to get it marked as exhibit. The learned Judge has impounded the said document under Section 34 of Karnataka Stamp Act, 1957 and directed the petitioner/plaintiff to pay a penalty at ten times and duty at one time on the document dated 10-4-2005. While passing such order, the learned Judge has observed that the plaintiff is at liberty to recovery the said duty and penalty amount paid by him in terms of mand...
College of Dental Sciences Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-10-2015
- 1 - W.P.Nos.28681-28684/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF JULY2015BEFORE THE HONBLE MR.JUSTICE H.G.RAMESH WRIT PETITION NOS.28681-28684/2015 (EDN-RES) R BETWEEN:1. 2. 3.4. COLLEGE OF DENTAL SCIENCES PB NO.327, DAVANAGERE-577 004 REP. BY ITS PRINCIAPL DR. VASUNDARA SHIVANNA D/O MAHALINGAPPA B AGED60YEARS MR. SYED TANWIR ARMAAN S/O SYED HADIUL ISLAM AGED20YEARS MR. SUBIN THOMAS S/O A.C. SIBY AGED19YEARS MS. SUVYAKTHA AJILA D/O SATYA PRASAD AJILA AGED21YEARS PETITIONER NOS. 2 TO4ARE STUDENTS OF1T YEAR BDS COURSE STUDYING AT COLLEGE OF DENTAL SCIENCES PB NO.327, DAVANAGERE-577 004 PETITIONERS (BY SRI MADHUSUDAN R NAIK, SR. COUNSEL FOR SRI ABHISHEK MALIPATIL, ADVOCATE) AND:1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY MEDICAL EDUCATION - 2 - W.P.Nos.28681-28684/2015 2. MINISTRY OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA, BANGALORE-560 001 RAJIV GANDHI UNIVERSITY OF HELATH SCIENCES4H T BLOCK, JAYANAGAR BANGALORE-560 041 REP. BY ITS REGISTRAR ... ...
M/S Rajesh Exports Limited Vs. Chairman
Court: Karnataka
Decided on: Jul-10-2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 10th day of July, 2015 R PRESENT: THE HONBLE MR SUBHRO KAMAL MUKHERJEE, THE ACTING CHIEF JUSTICE AND THE HONBLE MRS JUSTICE B V NAGARATHNA BETWEEN: Writ Appeal No 1482 of 2015 (T-TAR) M/S RAJESH EXPORTS LIMITED No.4, BATAVIA CHAMBERS KUMARA KRUPA ROAD KUMARA PARK EAST BANGALORE-560 001 REPRESENTED BY ITS CHAIRMAN MR RAJESH MEHTA AGED ABOUT49YEARS S/O JASWANTHRAI MEHTA ... APPELLANT [By Sri Kiran S Javali, Advocate]. AND:1. CHAIRMAN CENTRAL BOARD OF EXCISE AND CUSTOMS NORTH BLOCK NEW DELHI-110037 2. COMMISSIONER OF CUSTOMS NEW CUSTOMS HOUSE NEAR IGI AIRPORT NEW DELHI-110037 RESPONDENTS [By Sri Y Hariprasad, Advocate]. 2 THIS WRIT APPEAL FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION No 31835 OF2013DATED MARCH18 2015 AND ETC. THIS APPEAL, HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, THE ACTING CHIEF JUSTICE P...
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