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Karnataka Court July 2015 Judgments

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Jul 07 2015

Smt Janaki Vs. Smt Lalitha

Court: Karnataka

Decided on: Jul-07-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE07H DAY OF JULY2015BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NO.44710/2012 (GM-CPC) BETWEEN SMT JANAKI WIFE OF SRI VELUDHAN, 33 YEARS RESIDING AT MADHAGHATA VILLAGE BICCOD HOBLI, BELUR TALUK HASSAN DISTRICT ... PETITIONER (By Sri: N S SANJAY GOWDA, ADV. ) AND:1. SMT LALITHA WIFE OF TT MANI @ TT MARKI, MAJOR RESIDING AT MADHAGHATA VILLAGE BICCOD HOBLI, BELUR TALUK HASSAN DISTRICT. SMT. YASHODHA WIFE OF SOME GOWDA, MAJOR RESIDING AT MADHAGHATA VILLAGE BICCOD HOBLI, BELUR TALUK HASSAN DISTRICT SMT. KALYANAMMA SINCE DEAD REPRESENTED BY HER LRs RESPONDENT No.1,2 AND42.3.4. 2 SMT. SUNANDA WIFE OF KT SUNDAR RESIDING AT MADHAGHATA VILLAGE BICCOD HOBLI, BELUR TALUK HASSAN DISTRICT ... RESPONDENTS (By SMT: KAVITHA H C, ADV. FOR R1 R3-DEAD R1,R2 &R4 ARE TREATED AS LRs OF DECEASED R3 V.C.O DT. 14.01.15 R2 & R4 SERVED) THIS WP FILED UNDER ARTICLE226AND227OF THE CONSTITUTION OF INDIA PRLAYING TO QUASH THE ORDER DATED...


Jul 07 2015

Sri Mohammed Tasnim Vs. State of Karnataka

Court: Karnataka

Decided on: Jul-07-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF JULY, 2015 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.7971/2014 BETWEEN: SRI MOHAMMED TASNIM AGED ABOUT32YEARS, S/O MOHAMMED HUSSAIN R/AT KEMMANNU, PADU THONSE VILLAGE, POST THIMMANNA KUDRU, UDUPI TALUK AND DISTRICT 576 101. ... PETITIONER (BY SRI S. VISHWAJITH SHETTY, ADV.) AND:1. STATE OF KARNATAKA BY UDUPI TOWN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUOTR, HIGH COURT BUILDINGS, BANGALORE-560 001.2. MAMATA SAO AGED ABOUT40YEARS R/AT PO BOX26660 DOHA UDUPI 576 101. 2 R2 DELETED VIDE COURT ORDER DATED2703.2015. ... RESPONDENT (BY SRI B.VISWESWARAIAH, HCGP FOR R1) THIS CRL.P. IS FILED UNDER S. 482 CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED1908.2014 MADE ON APPLICATION FILED BY THE PETITIONER U/S.451 OF CR.P.C. IN CRIME NO.214/2013 BY THE COURT OF ADDL. CIVIL JUDGE AND JMFC, UDUPI AND ORDER DATED2911.2014 MADE IN CRL.R.P.NO.37/2014 BY THE PRL. SESSIONS JUDGE, UDUPI DISTRICT. ...


Jul 07 2015

Smt Gowramma W/O Lakshmikanthiah Vs. Sri Laxmikanthiah S/O Naraseeyapp ...

Court: Karnataka

Decided on: Jul-07-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF JULY, 2015 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.1308/2012 BETWEEN: SMT. GOWRAMMA, W/O. LAKSHMIKANTHIAH, AGED ABOUT45YEARS, R/O. GOVINDANAYAKANAPALYA, URDIGERE HOBLI, TUMKUR. ... PETITIONER (BY SRI K.N. NITISH FOR SRI K.V. NARASIMHAN, ADV.) AND: SRI LAXMIKANTHIAH, S/O. NARASEEYAPPA, AGED ABOUT55YEARS, WORKING AS TEACHER, R/O. THARATI VILLAGE, C.N. DURGA HOBLI, KORTGERE TALUK, TUMKUR DISTRICT. (BY SRI A.V. GANGADHARAPPA, ADV.) ... RESPONDENT2THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED3010.2010 PASSED BY THE FTC-V AT MADHUGIRI IN CRL.R.P.NO.47/2009. THIS CRL.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Challenge in this petition is to an order passed by the learned Sessions Judge, allowing in part, a revision petition filed by the respondent, under S.397 Cr.P.C. The Magistrate at Koratagere had directed the respondent to p...


Jul 06 2015

Pankaj L Kothari Vs. T.K. Nagaraj

Court: Karnataka

Decided on: Jul-06-2015

(Prayer: This WP filed under Articles 226 and 227 of the Constitution of India praying to set side the order dt.29.11.13, in SC.No.1845/12, annexed herein as Ann-A and direct the small causes court to dismiss the suit being SC.No.1845/12, as the small causes court has no jurisdiction and transfer it to an appropriate court having jurisdiction to try the same and etc.) 1. The lone respondent of a small causes case bearing S.C.1845/12 pending on the file of the XVI Small Causes Judge, Bengaluru City, Bengaluru, has filed this petition under Article 227 of the Constitution of India challenging the order of dismissal of her application under Section 151, C.P.C. read with Section 8(1) of the Karnataka Small Causes Courts Act, 1964. 2. The respondent herein is the plaintiff in a small cause case bearing no. S.C. 1845/12, a petition filed for eviction of this petitioner from the suit schedule premises bearing No.1845/B, 4th Cross, DBlock, Rajajinagar II Stage, measuring 1,700 sq. feet. The pe...


Jul 06 2015

R.P. Zuber Vs. Basavarajappa and Another

Court: Karnataka

Decided on: Jul-06-2015

(Prayer: This Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 19.02.2011 passed in MVC.No. 10/08 on the file of the Presiding Officer, Fast Track Court, Member, MACT, Sagar, dismissing the claim petition for compensation.) 1. Claimant in MVC.No. 10/2008 on the file of MACT, Sagar, has come up in this appeal challenging the judgment and award dated 19.2.2011 in dismissing his claim petition. Though this appeal has come up for orders, since lower court record is received, at the request of counsel for the parties it is taken up for final disposal. 2. Brief facts leading to this appeal are as under: Claimant before the tribunal is owner of Toyota Innova bearing registration No.KA-19/NT-M-2010. The said vehicle met with an accident on 16.2.2006 involving KSRTC bus bearing registration No.KA-27/F.84 resulting in total damage to the vehicle i.e., damage to the engine as well as shell of the vehicle rendering the entire vehicle unfit to use. The records wou...


Jul 06 2015

Veerabhadrappa and Others Vs. T.U. Kubendrappa

Court: Karnataka

Decided on: Jul-06-2015

1. This appeal is directed against the judgment and decree in R.A.No.19/2011 (Old No.125/2005) dated 15.9.2014 on the file of the Senior Civil Judge and JMFC, Channagiri, whereby the judgment and decree in O.S.No.260/2001 dated 7.10.2004 on the file of the Add. Civil Judge (Jr.Dn) and JMFC, Channagiri was set aside and the suit was decreed. 2. Respondent herein is the plaintiff in O.S.No.260/2001 and the appellants are the defendants. The plaintiff filed the above suit for injunction restraining the defendants from interfering with his possession and enjoyment of the suit schedule property. According to the plaintiff, he has purchased the suit schedule property from one R.S. Basavarajapp, son of Sanna Veerappa and R.B. Shivaprasad, son of Basavarajappa under a registered sale deed dated 19.2.1998. He was put in possession of the property by the vendors on the date of sale. In pursuance of the sale deed mutation was accepted in the name of the plaintiff and accordingly RTCs have been tr...


Jul 06 2015

Dr. M.N. Shobhan Babu and Others Vs. Directorate of Medical Education, ...

Court: Karnataka

Decided on: Jul-06-2015

(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the explanatory note issued by the R-1 dated 31.05.2015 vide Ann-D.) 1. The petitioners in all these writ petitions are Doctors, who have completed their graduation in Bachelor of Medicine and Bachelor of Science (M.B.B.S.). Further aspiring to get specialization, they have written All India Post Graduation in Medical Education Examination - 2015 (A.I.P.G.M.E.E.) and secured ranking mentioned in the cause-title to the writ petitions. All these petitioners secured a seat in the second round. They also participated in the third round and improved their chance. But they were not permitted to participate in the subsequent off-line counseling. Their grievance is that they were all meritorious. If they had been permitted to participate in the off-line counseling, they would have secured better course in better colleges of their choice and the fee that was payable by them was less...


Jul 06 2015

R P Zuber Vs. Basavarajappa

Court: Karnataka

Decided on: Jul-06-2015

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6H DAY OF JULY2015BEFORE THE HONBLE MR.JUSTICE S.N.SATYANARAYANA M.F.A.NO.4748/2011(MV) BETWEEN: R.P.ZUBER S/O FARUQ SAB, AGED ABOUT38YEARS, PROP. SAGAR TRADERS, R/O.HOSANAGAR ROAD, RIPPENPET, HOSANAGAR, PERMANENT R/O NEHRU NAGAR, SAGAR TOWN. APPELLANT (BY SRI PRUTHVI WODEYAR, ADVOCATE) AND:1. BASAVARAJAPPA S/O RAMANNA SHAMSI, DRIVER, NWKRTC, HIREKERURU DEPOT, DRIVER OF THE VEHICLE, BEARING NO.KA.27F84.2. MANAGER, NWKRTC HIREKERURU DEPOT, OWNER OF THE VEHICLE, BEARING NO.KA27F84. RESPONDENTS (BY SRI F.S.DABALI, ADV. FOR R2 - 2 - R1 NOTICE IS HELD SUFFICIENT VIDE COURT ORDER DATED0303.2014) THIS APPEAL IS FILED UNDER SECTION1731) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED1902.2011 PASSED IN MVC.NO.10/08 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MEMBER, MACT, SAGAR, DISMISSING FOR COMPENSATION. THE CLAIM PETITION THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT Claima...


Jul 06 2015

sri.pankaj L Kothari Vs. sri.t.k.nagaraj

Court: Karnataka

Decided on: Jul-06-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE06H DAY OF JULY2015BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NO.52714/2014 (GM-CPC) BETWEEN: SRI.PANKAJ L KOTHARI S/O SRI LAXMIDAS T KOTHARI AGED ABOUT64YEARS PROP SAGAR HOTEL No.1846/A, 4TH CROSS D BLOCK, II STAGE RAJAJINAGAR BANGALORE-560010 (By Sri: JAYNA KOTHARI, ADV.) AND SRI.T.K.NAGARAJ S/O SRI K R KAMBANNA AGED ABOUT54YEARS R/A SRI SIDDALINGESHWARA NILAYA4H CROSS, ASHOK NAGAR TUMKUR-572102 ... PETITIONER (By Sri: R B SADASIVAPPA, ADV. ) ... RESPONDENT2THIS WP FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DT.29.11.13, IN SC.NO.1845/12, ANNEXED HEREIN AS ANN-A & DIRECT THE SMALL CAUSES COURT TO DISMISS THE SUIT BEING SC.NO.1845/12, AS THE SMALL CAUSES COURT HAS NO IT TO AN APPROPRIATE COURT HAVING JURISDICTION TO TRY THE SAME AND ETC. JURISDICTION & TRANFER THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON27.2015 COMING ON FOR PRONOUNCEMENT OF ORD...


Jul 03 2015

Hazrath Sultan Shawar Ali Shah Guruji Vs. State of Karnataka and Other ...

Court: Karnataka

Decided on: Jul-03-2015

1. Petitioner claims to have founded a religious centre and put up construction of a mosque over an extent of 3 acres comprised in Sy. No. 55 of Bellahali Village, Yelahanka, Bangalore North Taluk. According to the petitioner he has a following of more than 15000 devotees of all religious. It is submitted that land in Sy. No. 55 measures 103 acres 30 guntas out of which 69 acres 17 guntas are cultivated by various persons, while petitioner claims to have taken possession of land measuring 3 acres during the year 1995 whereafter made a representation dated 27-11-1995 Annexure-A to the Deputy Commissioner, Bangalore City to regularise the said unauthorised possession. Yet again in 2007 one more representation when made a spot inspection was held, a mahazar drawn along with a sketch Annexure-B, C, C1 and D, respectively, following which a borewell was erected, telephone connection obtained, service certificate issued, and a licence issued by the police for a sound system. It is alleged th...


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