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Karnataka Court September 2015 Judgments

Sep 29 2015

Mrs Mabel Treeza Pinto Vs. Francis Pinto

Court: Karnataka

Decided on: Sep-29-2015

1 R R IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 29th day of September, 2015 PRESENT THE HONBLE MR. JUSTICE N.K. PATIL AND THE HONBLE MR. JUSTICE P.S. DINESH KUMAR MFA No.3500/2011 (IDA) C/W MFA35012011 (IDA) BETWEEN: Mrs. MABEL TREEZA PINTO D/O DENISE LOBO W/O FRANCIS PINTO CHRISTIAN, AGED44YEARS R/A NO.5, 18TH B CROSS LAXMIPURAM, ULSOOR BANGALORE - 560 008 APPELLANT (COMMON) (By Sri CYRIL P PAIS, Adv., FOR M/s CYRIL PRASAD PAIS & ASSTS) AND: FRANCIS PINTO S/O LATE JOSEPH PINTO CHRISTIAN, AGED57YEARS R/A FIELDS VIEW KADRI, KAIBATTAL, KADRI MANGALORE D.K.-560 001 ... RESPONDENT (COMMON) (By Sri O SHIVARAMA BHAT, Adv.,) MFA No.3500/2011 INDIAN DIVORCE ACT, AGAINST THE JUDGMENT AND DECREE DATED201.2011 PASSED IN M.C.NO.1/2008 ON THE FILE OF IS FILED U/S55OF2PRINCIPAL SENIOR CIVIL JUDGE & CJM, MANGALORE, DISMISSING THE PETITION FILED U/S32OF INDIAN DIVORCE ACT FOR RESTITUTION OF CONJUGAL RIGHTS. MFA No.3501/2011 IS FILED U/S55OF INDIAN DIVORCE ACT, AGAINST THE JUDGEMENT AN...

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Sep 28 2015

Karnataka State Chartered Accountants Association Vs. Union of India

Court: Karnataka

Decided on: Sep-28-2015

Subhro Kamal Mukherjee, Actg. CJ. 1. In these writ petitions, the writ petitioners are asking for some extension of time for submission of income tax returns in respect of certain categories of assessees, including the companies, firms and individuals, engaged in proprietary business/profession, whose accounts are required to be audited in terms of the Income-tax Act, 1961. 2. It is a domain of the Indian Government and the Central Board of Direct Taxes. 3. We direct the Central Board of Direct Taxes to consider the representation at Annexure-'C' to these writ petitions dated September 15, 2015, peremptorily by September 29, 2015. 4. With this direction, the writ petitions stand disposed of. 5. We make no order as to costs....

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Sep 28 2015

Karnataka Industrial Areas Development Board, Bangalore Vs. A. Khadar ...

Court: Karnataka

Decided on: Sep-28-2015

(Prayer: Appeal is filed under S.483 of Companies Act praying to set aside the order dated 07.11.2013 in Company application 1093 / 2013 in company Petition 301 / 2000.) Vineet Saran, J. There was a winding up order dated 29.06.2006 passed in Company Petition 301/2000 and the Official Liquidator attached to this court was appointed as the provisional Liquidator. The Company (M/s. Padmavathy Panel Board Ltd) had leasehold rights of the land allotted to it by the Karnataka Industrial Area Development Board ( for short Board), for which a lease cum sale deed was executed by the Board in favour of the Company on 11.12.1987. The said lease cum sale deed provided for execution of sale deed in favour of the Company on expiry of eleven years, provided the Company fulfilled the conditions of the lease cum sale deed. The eleven years period under the said Deed expired in the year 1998. Admittedly, no sale deed was executed in favour of the company in terms of the said Deed. On the winding up ord...

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Sep 28 2015

Gundappa Vs. Sha Motilal

Court: Karnataka Kalaburagi

Decided on: Sep-28-2015

(Prayer: This civil revision petition is filed under Section 115 of CPC, against the order dated 04.09.2013 passed in civil misc. no.21/2013 on the file of the III Addl.Dist.Judge at Bijapur. Wherein the petition was dismissed as not maintainable and the memo filed by counsel for respondent dated 8.7.2013 on maintability is accepted.) 1. Heard the learned counsel for the parties. 2. Petitioner was the sole defendant in an original suit in O.S.111/06, a suit which was pending before the senior Civil Judge, Muddebihal, Bijapur. The said suit had been filed by the respondent herein for the recovery of Rs.1,48,500/-. The said suit was dismissed exparte as against which a regular appeal was filed by the plaintiff in R.A.148/08 before the District Court, Bijapur. In the said appeal, notice to this petitioner was dispensed with on the ground that he had been placed exparte before the trial court in terms of Order XLI Rule 14, C.P.C (Karnataka Amendment). 3. The said appeal, R.A.148/08 was dec...

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Sep 28 2015

Cheekanda Pushparatna Chengappa Vs. Kodandera K. Sudhakar and Others

Court: Karnataka

Decided on: Sep-28-2015

(Prayer: This Petition is filed under Article 227 of the Constitution of India, Praying to Quash the order dated 04.07.2014 passed on LA.No.3 in FDP No.6 of 2011 by the court of the Senior Civil Judge and JMFC Virajpet (Annx-A).) 1. O.S.No.26/2010 filed by the petitioner, against the respondents, in the Court of Senior Civil Judge and JMFC at Virajpet, was decreed on 01.10.2010 and she was held entitled for 1/3rd share in the suit schedule properties. The petitioner instituted F.D.P.No.6/2011 for passing of a final decree. The respondent Nos.1 and 2 filed I.A.No.3, under Section 151 CPC, to reduce and allot l/9th share to the plaintiff and further enhance and allot 4/9th share, out of the suit schedule properties, to the first defendant. Overruling the objections filed by the plaintiff, LA.No.3 was allowed and the share allotted to the plaintiff in the preliminary decree was reduced to 1/9th and the shares of the defendant Nos.1 and 3 was enhanced to 4/9th each, vide order dated 04.07....

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Sep 28 2015

Karnataka Industrial Area Development Board Vs. A Khadar Bash

Court: Karnataka

Decided on: Sep-28-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 28th day of September, 2015 Present THE HONBLE MR JUSTICE VINEET SARAN & THE HONBLE MR JUSTICE B MANOHAR O S A51/ 2013 Between Karnataka Industrial Areas Development Board Rastrothana Parishat Building II Bloor, # 14/3, Nrupathunga Road Bangalore - By its Chief Executive Officer & Executive Member (By Sri Vijay Shankar, Sr. Adv. For Sri Ashok N Nayak, Adv.) And 1 A Khadar Bash S/o Abdul Sattar 59 yrs, M V K Layout Near City Club, Tumkur Appellant Official Liquidator of M/s Padmavathy Panel Board Ltd (in liquidation), Attached to High Court Of Karnataka, Corporation Bhavan Raheja Towers, # 26-27, M G Road Bangalore 2 (By Sri P S Manjunath, Adv. a/w T P Vivekananada, Adv. For R1; Sri K S Mahadevan, Adv. For R2) Respondents 2 Appeal is filed under S.483 of Companies Act praying to set aside the order dated 7.11.2013 in Company Application 1093/2013 in Company Petition 301/2000. J., delivered the following: Appeal coming on for he...

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Sep 28 2015

Smt Cheekanda Pushparatna Chengappa Vs. Mr Kodandera K Sudhakar

Court: Karnataka

Decided on: Sep-28-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF SEPTEMBER, 2015 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.38461 OF2014(GM-CPC) BETWEEN: SMT CHEEKANDA PUSHPARATNA CHENGAPPA W/O MR CHEEKANDA CHENGAPPA @ SAGAR D/O LATE KODANDERA KUTTAIAH AGED53YEARS RESIDING AT NO.919 RAJARAJESHWARINAGAR MYSORE-22 PETITIONER MR KODANDERA K SUDHAKAR S/O LATE KODANDERA M KUTTAIAH AGED49YEARS RESIDING AT KUNDA VILLAGE AND POST SOUTH KODAGU-571216 (BY SRI.C.M.PONACHA, ADV.) AND:1. 2. MRS KODANDERA PREETHA SUDHAKAR W/O MR KODANDERA K SUDHAKAR AGED48YEARS RESIDING AT KUNDA VILLAGE & POST SOUTH KODAGU-571216 3. 2 MRS. KODANDERA RADHA W/O LATE KODANDERA KUTTAIAH AGED ABOUT83YEARS RESIDINGAT KUNDA VILLAGE & POST SOUTH KODAGU PRESENTLY AT NO.919 RAJARAJESHWARINAGAR MYSORE-22 RESPONDENTS (BY SRI.S.R.SREEPRASAD, ADV. FOR R1 AND R2; R3 IS SERVED BUT UNREPRESENTED) THIS PETITION IS FILED UNDER ARTICLE227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATE...

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Sep 26 2015

M/s. Balaji Food Processing Industry, Bangalore Vs. Bank of Maharashtr ...

Court: Karnataka

Decided on: Sep-26-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to call for the records from the respondents which ultimately resulted in passing the order dated:27.01.2015 in Crl.Misc.No.8876 of 2014 on the file of VIII ACMM, Bangalore, in respect of the schedule property and etc.,) 1. The petitioner is before this Court assailing the order dated 27.01.2015 passed in Crl. Misc. No.8876 / 2014. The said order is passed in exercise of the power under Section 14 of the Securitization Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for short) 2. The petitioner while assailing the said order has raised several contentions on merits to oppose the same. The first respondent has filed a detailed objection statement opposing the contentions put forth in the petition. 3. Though contentions on merits have been raised by both the parties, the fact that an appeal to the Debts Recovery Tribunal ( ˜DRTf...

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Sep 26 2015

Sandeep Chowhan and Another Vs. Krishnaraj Bhat

Court: Karnataka

Decided on: Sep-26-2015

(Prayer: This CRP filed under Sec. 18 of Karnataka Small Causes Courts Act, against the judgment and decree dated 24.3.2015 passed in S.C No. 1419/2012 on the file of the XXII Addl. Small Causes Judge, Bengaluru, dismissing the suit for ejection and mesne profits.) 1. This revision petition is directed against the judgment dated 24.03.2015 passed by the Small Causes Court dismissing S.C.No. 1419/2012 filed by the revision petitioners seeking ejectment of the tenant. 2. The jural relationship of landlord and tenant between the revision petitioners and the respondent is not in dispute. The factum of termination of tenancy by issuing a legal notice is also not in serious dispute and indeed the findings of the Court below are in favour of revision petitioners - landlord in this regard. However, the dispute before the Court below was with regard to the measurement of the property. The tenant contended that measurement of the premises was less than 14 sq.mtrs., whereas the landlord contended...

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Sep 26 2015

M/S Balaji Food Processing Industry Vs. Bank of Maharashtra

Court: Karnataka

Decided on: Sep-26-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR. JUSTICE A S BOPANNA WRIT PETITION NO.4099/2015 (GM-RES) BETWEEN: M/S BALAJI FOOD PROCESSING INDUSTRY NO.202, 2ND MAIN TEACHERS LAYOUT, NAGARBHAVI1T PHASE, BANGALORE:72. REP. BY ITS PROP: MR. PRAKASH GOWDA KALIVER AGED58YEARS, S/O LATE THIMME GOWDA ... PETITIONER (BY SRI. JAYAPRAKASH SHETTY B, ADV.) AND:1. BANK OF MAHARASHTRA ZONAL OFFICE AT NO.15 POLICE STATION ROAD BASAVANA GUDI, BANGALORE-560004 REP. BY ITS AUTHORISED OFICER MR. K.R NAIK2 MR. R VINAY AGED ABOUT: MAJOR NO.67, 7TH MAIN ROAD ANNAPURNESHARINAGAR BANGALORE- 560091.3. MR. K.S. JAIRAJ AGED ABOUT: MAJOR2NO.1279/713, 14TH CROSS, GIRINAGAR, 2ND PHASE, BSK3D STAGE, BANGALORE56008. ... RESPONDENTS (BY SRI. V B RAVISHANKAR, ADV. FOR C/R1 SRI. NAGARAJA HEGDE, ADV. FOR R3 R2-NOTICE D/W V/C/O DT.17.07.2015) THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR THE RECORDS ...

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