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Karnataka Court September 2015 Judgments

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Sep 08 2015

Yallamma D/O Karakappa Hotter Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Sep-08-2015

1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE8H DAY OF SEPTEMBER, 2015 BEFORE: THE HONBLE MR. JUSTICE K.N. PHANEENDRA W.P. No.107994/2015 C/W W.P. No.105085/2015 (S-RES) IN W.P. No.107994/2015 BETWEEN: YALLAMMA D/O KARAKAPPA HOTTER, AGED45YEARS, OCC.: ANGANAWADI WORKER, R/O GUMAGERA VILLAGE, TALUK: KUSTAGI, DISTRICT: KOPPAL. (BY SRI. H.M. DHARIGOND, ADVOCATE) - PETITIONER AND:1. 2.3. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF WOMAN AND CHILD DEVELOPMENT, M.S. BUILDING, BENGALURU. THE DEPUTY DIRECTOR, WOMAN AND CHILD DEVELOPMENT WELFARE DEPARTMENT, KOPPAL. THE CHILD DEVELOPMENT PROJECT OFFICER, KUSTAGI, DISTRICT: KOPPAL. (BY SMT. K. VIDYAVATHI, A.G.A.) - RESPONDENTS2THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED TERMINATION ORDER DATED2012.2011 PASSED BY SECOND RESPONDENT VIDE ANNEXURE-R & ETC. IN W.P. No.105085/2015 BETWEEN: YALLAMMA D/O KARAKAPPA HOTTER, AGED45YEARS, OCC.: ANGANAWADI WORKER, ...


Sep 08 2015

Cottage Industries Exposition Ltd Vs. Smt Bindu Neelakanta

Court: Karnataka

Decided on: Sep-08-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE8H DAY OF SEPTEMBER, 2015 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.49393/2014 (GM-CPC) BETWEEN: COTTAGE INDUSTRIES EXPOSITION LTD., NO.3, (OLD NO.5) CUNNINGHAM ROAD (ALSO CALLED SAMPANGI RAMASWAMY STREET) BANGALORE-560 052 A REGISTERED COMPANY REPRESENTED BY ITS DIRECTOR. ... PETITIONER (BY SRI P.D. SURANA, ADV.) AND: SMT. BINDU NEELAKANTA (ALSO KNOWN AS B.E. BINDU) AGED ABOUT40YEARS D/O LATE SRI L.H. ESHWAR MURTHY NO.13, 1ST MAIN ROAD, NEHRU NAGAR BANGALORE-560 020. ... RESPONDENT (BY SRI UDAYA HOLLA, SENIOR ADV. FOR SRI VIVEK HOLLA, ADV. FOR C/R) THIS PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED2607.2014 MADE ON I.A.NO.3 PRODUCED AT2ANNEXURE-H IN O.S.NO.5435/2012 ON THE FILE OF THE COURT OF THE XII ADDITIONAL CITY CIVIL & SESSIONS JUDGE (CCH-27) BENGALURU, TO THE EXTENT TO WHICH IT IS HELD BY THE TRIAL COURT THAT THE COUNTER CLAIM OF...


Sep 08 2015

Kanchan W/O Ananth Vanidesai Vs. Ravindranath S/O Ramachandra Chougule

Court: Karnataka Dharwad

Decided on: Sep-08-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE78TH DAY OF SEPTEMBER, 2015 PRESENT THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY AND THE HONOURABLE MRS.JUSTICE S.SUJATHA CRIMINAL APPEAL No.2839/2012 CONNECTED WITH CRIMINAL APPEAL NOS.2761/2012, 2766/2012, 2791/2012, 2793/2012, 2794/2012 AND25372013 CRL.A.No.2839/2012 BETWEEN: Smt.Kanchan, Wife of Ananth Vanidesai, Aged 56 years, Occ: Household, R/o Tilakwadi, Belgaum, Belgaum District. .. APPELLANT (By Shri Bahubali A Danawade, Advocate) AND:1. Ravindranath, S/o Ramachandra Chougule, Aged 35 years, Occ: Contractor, R/o Mannur, :2. : Belgaum District.2. Ranjeet, S/o Arjurao Shintre, Aged 36 years, Occ: Business, R/o Pulabhag Galli, CCB No.180, Belgaum.3. Vijayanand @ Dinku, S/o Bapusaheb Shindhe, Aged 37 years, Occ: Discover Seizing Agency, R/o Bachi House No.173, Belgaum Taluk.4. Rajesh, S/o Mahadev Menashe, Aged 40 years, Occ: Painting And Driver, R/o Laxminagar, Plot No.113, Rajadeep Building, Hindalaga, Belgaum.5. Pa...


Sep 07 2015

Veena Mahesh Vs. State of Karnataka, Represented By Its Principal Secr ...

Court: Karnataka

Decided on: Sep-07-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of Constitution of India praying to quash the respondents to restore the possession of the portion of schedule property demolished by the respondents.) 1. Petitioner-owner of building bearing Municipal Door No.175 consisting of two floors put to use for commercial activity and located at P.B.Road, Davanagere measuring East to West 100 ft and North to South 18 feet, alleging illegal action of demolition of the portion of the building, in a highhanded manner, by the State and its Public Works Department, respondents 1 to 6 and 9, has presented this petition for a direction to restore possession of the demolished portions of the building; pay compensation of Rs. 50 lakhs; declare the action as one without following The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pay compensation; and prohibit respondents from further demolition of portion of building existing ...


Sep 07 2015

K.S. Sunil Gupta Vs. Dena Bank, Bangalore and Others

Court: Karnataka

Decided on: Sep-07-2015

1. The petitioners in these petitions while assailing the sale notices dated 16-4-2010, 29-10-2009 and 3-12-2009 respectively, have also assailed Clause 4.2.7 of the Master Circular “ Prudential Norms on Income Recognition, Asset Classification and Provisioning Pertaining to Advances dated 1-7-2009. 2. The fact that the petitioners had borrowed the amounts from the respondents 1 and 2-Bank, is not in dispute. The fact that the amounts remained outstanding cannot also be disputed. It is in that view the respondents had initiated action as contemplated under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short the Act'). 3. While initiating the said action the respondents 1 and 2 had classified the account of the petitioners as NPA keeping in view of the provisions of the Act and Master Circular issued by the respondent 3-Reserve Bank of India. It is in that view when the sale notices were issued, petiti...


Sep 07 2015

Lokamani and Others Vs. Mahadevamma and Others

Court: Karnataka

Decided on: Sep-07-2015

(Prayer: This RFA filed under Section 96 r/w Order 41 Rule 1 of CPC., against the Judgment and decree dated 22.06.2013 passed in O.S.No. 33/2009 on the file of I Additional Senior Civil Judge, Mysore, decreeing the suit filed for Partition and separate possession and for declaration.) 1. This regular first appeal is filed by defendants 1 to 3, challenging the Judgment and Decree passed by the trial Court decreeing the suit of the plaintiffs for partition and separate possession of their shares in the suit schedule properties. 2. For the sake of convenience, the parties are referred to as they are referred in the original suit. 3. Suit is in respect of four landed properties and one house property, described in the schedule to the plaint as item Nos. 1, 2, 3, 4 and 5 respectively. 4. The case of the plaintiffs is that they and late Mahadevappa, the husband of first defendant and father of defendant Nos. 2 to 4 are the children of one Sannamadaiah. They along with defendants 1 to 4 const...


Sep 07 2015

C. Mangai Vs. Shiva Subramanian and Others

Court: Karnataka

Decided on: Sep-07-2015

(Prayer: I.A.I/2015 is filed under Section 151 of CPC praying to direct respondent No. 6 to deposit all receivables/rents derived out of Sona Towers, No. 71, Millers Road, Bangalore belonging to M/s. Sundaram Trust with the registry of this Hon'ble Court in the Interest of Justice.) ORDER ON I.A.1/2015 1. Heard learned advocates appearing for the parties namely Sriyuths S.S. Naganand, learned senior counsel for appellant/applicant/plaintiff and Anant Mandgi, learned Senior counsel appearing on behalf of Respondent No. 6/defendant No. 6. 2. By this application plaintiff-appellant is seeking for a direction to defendant No. 6/respondent No.6 to deposit all receivables/rents derived out of Sona Towers, No. 71, Millers Road, Bangalore belonging to M/s. Sudaram Trust, with the registry of this court. 3. It is the contention of Sri. S.S. Naganand, learned Senior counsel appearing on behalf of plaintiff that by order dated 28.11.2014 this court had disposed of the appeal by directing defendan...


Sep 07 2015

Smt C Mangai Vs. Shiva Subramanian

Court: Karnataka

Decided on: Sep-07-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7h DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR.JUSTICE ARAVIND KUMAR MISCELLANEOUS FIRST APPEAL NO.2206/2013 BETWEEN: SMT.C.MANGAI D/O S CHOKKALINGAM AGED ABOUT26YRS REP. BY HER GPA SRI S.CHOKKALINGAM (BY SRI.S.S.NAGANAND, SR.ADVOCATE FOR M/S.JUST LAW ASSOCIATES, ADVOCATES) AND: SRI SHIVA SUBRAMANIAN AND OTHERS ...APPELLANT ..RESPONDENTS (BY SRI. SHANMUKHAPPA, M/S.KESVY & CO., ADVOCATES FOR R-1 AND2 SRI ANANT MANDGI, SR.ADVOCATE FOR R-6) I.A.I/2015 IS FILED UNDER SECTION151OF CPC PRAYING TO DIRECT RESPONDENT NO.6 TO DEPOSIT ALL RECEIVABLES/RENTS DERIVED OUT OF SONA TOWERS, NO.71, MILLERS ROAD, BANGALORE BELONGING TO M/S.SUNDARAM TRUST WITH THE REGISTRY OF THIS HONBLE COURT IN THE INTEREST OF JUSTICE. I.A.I/2015 COMING ON FOR ORDERS THIS DAY, COURT MADE THE FOLLOWING:2. AKJ: MFA22062013 07.09.2015 ORDER ON I.A.1/2015 Heard learned advocates appearing for the parties namely Sriyuths S.S.Naganand, learned senior counsel for appe...


Sep 07 2015

Smt Lokamani Vs. Smt Mahadevamma

Court: Karnataka

Decided on: Sep-07-2015

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF SEPTEMBER, 2015 PRESENT: THE HONBLE MR.JUSTICE N.KUMAR AND THE HONBLE MR.JUSTICE G.NARENDAR REGULAR FIRST APPEAL No.58/2014 BETWEEN1 SMT.LOKAMANI W/O LATE MAHADEVAPPA AGED ABOUT44YEARS2 3.4. SRI M.MAHESHA S/O LATE MAHADEVAPPA AGED ABOUT26YEARS SRI M.GIRISHA S/O LATE MAHADEVAPPA AGED ABOUT23YEARS APPELLANTS NO.1 TO3ARE R/AT DANDIKERE VILLAGE, VARUNA HOBLI, MYSORE TALUK-570 010. SMT.NAGARATHNA D/O LATE MAHADEVAPPA W/O LOKESH S., AGED ABOUT24YEARS R/AT NO.5/105, HULLIKERE STREET AND:1. 2. 3.4.5. 2 KOLLEGAL TOWN-571440 CHAMARAJANAGAR DISTRICT. APPELLANTS (BY SRI. N. NANJUNDASWAMY-ADV.) SMT.MAHADEVAMMA W/O MAHADEVAPPA AGED ABOUT49YEARS R/AT CHIKKAHALLI VILLAGE VARUNA HOBLI MYSORE TALUK-570 010. SMT.PREMA W/O DEVANNA AGED ABOUT49YEARS R/AT DANDIKERE VILLAGE VAJAMANGALA POST VARUNA HOBLI MYSORE TALUK-570 010. SMT.RATHNAMMA W/O MAHADEVASWAMY AGED ABOUT44YEARS R/AT KALMALLI VILLAGE NANJANAGUD TALUK-571301 SRI P.MAHADEVU S/O L...


Sep 07 2015

Kanchan W/O Ananth Vanidesai Vs. Ravindranath S/O Ramachandra Chougule

Court: Karnataka Dharwad

Decided on: Sep-07-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE78TH DAY OF SEPTEMBER, 2015 PRESENT THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY AND THE HONOURABLE MRS.JUSTICE S.SUJATHA CRIMINAL APPEAL No.2839/2012 CONNECTED WITH CRIMINAL APPEAL NOS.2761/2012, 2766/2012, 2791/2012, 2793/2012, 2794/2012 AND25372013 CRL.A.No.2839/2012 BETWEEN: Smt.Kanchan, Wife of Ananth Vanidesai, Aged 56 years, Occ: Household, R/o Tilakwadi, Belgaum, Belgaum District. .. APPELLANT (By Shri Bahubali A Danawade, Advocate) AND:1. Ravindranath, S/o Ramachandra Chougule, Aged 35 years, Occ: Contractor, R/o Mannur, :2. : Belgaum District.2. Ranjeet, S/o Arjurao Shintre, Aged 36 years, Occ: Business, R/o Pulabhag Galli, CCB No.180, Belgaum.3. Vijayanand @ Dinku, S/o Bapusaheb Shindhe, Aged 37 years, Occ: Discover Seizing Agency, R/o Bachi House No.173, Belgaum Taluk.4. Rajesh, S/o Mahadev Menashe, Aged 40 years, Occ: Painting And Driver, R/o Laxminagar, Plot No.113, Rajadeep Building, Hindalaga, Belgaum.5. Pa...


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