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Karnataka Court September 2015 Judgments

Sep 26 2015

Sri. Sandeep Chowhan Vs. Sri. Krishnaraj Bhat

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 B.S.PATIL C.R.P.No.296/2015 BETWEEN1 SRI.SANDEEP CHOWHAN S/O ASHOK CHOWHAN AGED ABOUT20YEARS RESIDING AT FLAT NO.54 5TH FLOOR, KALPATARU APARTMENT NO.12, RACE COURSE ROAD BANGALORE56000 2. SMT LEELA DEVI W/O SRI DHANRAJ AGED ABOUT39YERS RESIDING AT FLAT NO.7 MUNI SUVRAT APARTMENT RACE COURSE ROAD MADHAVANAGAR BANGALORE56000 (By Sri. P.D.SURANA, ADV.) AND ... PETITIONERS SRI. KRISHNARAJ BHAT S/O LATE LAKSHMINARAYANA BHAT AGED ABOUT61YERS CARRYING BUSINESS AS A PROPRIETOR OF M/S BANGALORE PHARMA NO.187, 1ST MAIN ROAD SESHADRIPURAM BANGALORE56002 ... RESPONDENT2(By Smt.VARSHA R.IYENGAR, ADV. FOR Sri.K.S.RAMASWAMY IYENGAR, ADV.) THIS CRP FILED UNDER SEC.18 OF KARNATAKA SMALL CAUSES COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED243.2015 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...

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Sep 23 2015

R. Raghu Vs. G.M. Krishna and Another

Court: Karnataka

Decided on: Sep-23-2015

(Prayer: This petition is filed under Article 227 of the Constitution of India, praying to call for the records of Misc. Petition No.157/2014 pending on the file of the 1st Additional District and Sessions Judge, Bengaluru Rural District and dismiss the petition as being barred by law; declare that the 1st Addl. District and Sessions Judge, Bengaluru Rural District, has no jurisdiction to entertain Misc. Petition No.157/2014 instituted under Section 47 of the CPC, 1908; declare that the institution of Misc. Petition No.157/2014 before the 1st Addl. District and Sessions Judge, Bengaluru Rural District, under Section 47 of the code of Civil Procedure, 1908 constitutes gross of process of law and set aside the order dated 17.08.2015 (Annexure-V) posting the matter for orders on the main petition as well as interlocutory application and grant costs of these proceedings.) 1. In this writ petition filed under Article 227 of the Constitution of India, the petitioner, arraigned as the Respond...

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Sep 23 2015

G. Sathyavelu Vs. G. Pramila Devi and Others

Court: Karnataka

Decided on: Sep-23-2015

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of Constitution of India praying to call for the records in FDP No.131/2012 on the file OFS the XXXVIII Addl. City Civil and Sessions Judge, Bangalore (CCH-39) and set aside the order dated: 8.12.2014 passed on I.A. No. IV and the order dated: 21.2.2015 passed on I.A. No. V in FDP No.131/2012 on the file of the XXXVIII Addl. City Civil and Sessions Judge, Bangalore (CCH- 39) vide Annx-K and N.) 1. Both these petitions filed under Article 227 of the Constitution of India are directed against the order dated 8.12.2014 and 21.2.2015 passed on I.A.4 in FDP.131/12 and pending on the file of the XXXVIII Additional City Civil Judge, Bengaluru City. The petitioner herein is the 1st respondent in FDP.131/12 arising out of the judgment and preliminary decree in an original suit in O.S.6933/08. Respondents 1 to 4 herein are petitioners 1 to 4 in the said proceedings and respondents 5 and 6 herein are respondents 4 and 3 respective...

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Sep 23 2015

National Education Foundation Vs. The State of Karnataka, Represented ...

Court: Karnataka

Decided on: Sep-23-2015

(Prayer: There writ appeals are filed under Section 4 of the Karnataka High Court Act praying to set aside the Order passed in Writ Petition No.6439/2011 and 8533-47/11 Dated 25/02/2011.) 1. Appellant is a Public Charitable Trust. On 10.3.2005, a notification under Section 4 of the Land Acquisition Act, 1894 [ ˜Actfor short'] was issued for acquisition of land for the purpose of appellant “ Trust. Since the declaration under Section 6 of the Act was not made within one year, the notification lapsed. Three days before the expiry of one year period, appellant filed a writ petition, in which, an interim order was passed, directing the appellant to deposit Rs.11,43,36,600/-, which according to the appellant was deposited by it. However, said writ petition was dismissed on merits. The intra court appeal filed against the order of the learned Single Judge was also dismissed, and so was the review petition filed before the Appellate Court also dismissed. Appellant herein filed a S...

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Sep 23 2015

G. Jyothi Vs. The Tahsildar, T. Narasipura Taluk and Another

Court: Karnataka

Decided on: Sep-23-2015

(Prayer: This Crl.P. filed u/s.482 Cr.P.C praying to quash the entire proceedings in CC No.324/2013 on the file of JMFC, T Narasipura pursuant to the Fir No.296/2012 filed by the Police Sub-Inspector, T Narasipura Police Station.) 1. The petitioner herein has been charge sheeted for the offence punishable under Section 3 read with 13 of the Employment of Manual Scavengers and Construction of Dry Latrines, (Prohibition) Act, 1993, (for brevity Act'). The allegation of the complainant-Tahsildar is that, on instruction of the accused persons i.e. PDO, Bill Collector and watermen, the workers had cleaned the manholes with bare hands and cleared the accumulated garbage. 2. Heard both sides. 3. Learned counsel for the petitioner Sri. Nityananda V Naik, submits that complainant/Tahsildar lodged the complaint directly to the jurisdictional police in violation of the procedure contemplated under Section 17(3) of the Act. That apart, cognizance is taken beyond the limitation period stipulated by...

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Sep 23 2015

A.S. Kumar and Others Vs. The Manager, M/s. Sri Sham Gas House, Bangal ...

Court: Karnataka

Decided on: Sep-23-2015

(Prayer: This MFA is filed under Section 173(1) of M.V. Act against the Judgment and award dated: 31.12.2009 passed in MVC No. 466/2008 on the file of additional MACT, and Fast Track Court, Hassan, partly allowing the claim petition for compensation and seeking enhancement of Compensation.) 1. The claimants in MVC No. 466/2008 on the file of MACT, Hassan, have come up in this appeal seeking enhancement of compensation for the death of the wife of first appellant and mother of appellants 2 and 3, who died in a road traffic accident dated 02.01.2008 involving Maruti Omni belonging to the first appellant and Canter goods vehicle belonging to first respondent and insured with second respondent. The accident dated 02.01.2008 is not in dispute. So also the death of Prameela, inmate of Maruti Omni bearing registration No. KA-03/MB-7715. It is further not in dispute that the accident is caused due to rash and negligent driving of Canter goods vehicle bearing No. KA-52/2252. In the proceedings ...

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Sep 23 2015

Smt Jyothi G Vs. The Tahsildar

Court: Karnataka

Decided on: Sep-23-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF SEPTEMBER, 2015 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.1684 OF2015BETWEEN SMT. JYOTHI G AGED ABOUT37YEARS, W/O D.S. UMESH, PRESENTLY WORKING AS GRAMA PANCHAYATH SECRETARY, GRADE II (INCHARGE PANCHAYATH DEVELOPMENT OFFICER) DODDABANAHALLI GRAMA PANCHAYATH, KANNAMANGALA POST, BANGALORE EAST TALUK, BANGALORE URBAN DISTRICT-560 067. ...PETITIONER (BY SRI. NITYANAND V NAIK, ADV.) AND1 2. THE TAHSILDAR, T. NARASIPURA TALUK, T. NARASIPURA-570118. THE POLICE SUB-INSPECTOR, LAW & ORDER, T. NARASIPURA, T. NARASIPURA-570 118. (BY SRI. B VISWESWARAIAH FOR R1, ADV.) ...RESPONDENTS2THIS CRL.P. FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.324/2013 ON THE FILE OF JMFC, T NARASIPURA PURSUANT TO THE FIR NO.296/2012 FILED BY THE POLICE SUB- INSPECTOR, T NARASIPURA POLICE STATION. THIS CRL.P. COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner herein has...

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Sep 23 2015

Kumar a S Vs. The Manager M/S Sri Sham Gas House

Court: Karnataka

Decided on: Sep-23-2015

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF SEPTEMBER2015BEFORE THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA M.F.A.No.942/2012 (MV) SOHAN.M.K. S/O KUMAR A.S. AGED ABOUT8YEARS MOHNA M.K. D/O KUMAR A.S. AGED ABOUT6YEARS KUMAR.A.S. S/O SANNAPPA AGED ABOUT34YEARS BETWEEN:1. 2.3. SINCE APPELLANT NO.2 & 3 MINOR REPRESENTED BY FATHER APPELLANT NO.1 ALL ARE RESIDENT OF SHETTYHALLI RAOD, 1ST CROSS, TANEERUHALLA HASSAN-573 201 (BY SRI.CHETHAN.B., ADV.) AND:1. THE MANAGER M/S SRI SHAM GAS HOUSE9H MAILUGALLU HESARUGATTA ROAD BOONMILL, NEAR BUS STAND BANGALORE ... APPELLANTS2 THE MANAGER THE ORIENTAL INSURANCE CO.LTD NO.22, DVG ROAD A.C.PLAZA, BASAVANAGUDI BANGALORE -560004 RESPONDENTS - 2 - (BY SRI.K.N.SRINIVASA, ADV. FOR R2 NOTICE TO R1 DISPENSED WITH VIDE COURT ORDER DATED2108.2015) THIS MFA IS FILED UNDER SECTION1731) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED:31. 12.2009 PASSED IN MVC NO.466/2008 ON THE FILE OF ADDITIONAL MACT, AND FAST TRACK COURT, HASSAN, PAR...

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Sep 23 2015

National Education Foundation Vs. The State of Karnataka

Court: Karnataka

Decided on: Sep-23-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF SEPTEMBER, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON'BLE MR. JUSTICE B.MANOHAR WRIT APPEAL NO.2988 OF2011[LA-RES]. WRIT APPEAL NOS.13871401 OF2012AND BETWEEN: NATIONAL EDUCATION FOUNDATION (A REGISTERED TRUST) REP. BY ITS TRUSTEE SRI S LEPAKSHA AGED47YEARS S/O LATE SIDDAIAH R/AT NO.11/2, IBH PRAKASHAN 2ND FLOOR, NEW JH COMMERCIAL COMPLEX5H MAIN ROAD, GANDHI NAGAR BANGALORE560009. ... APPELLANT (BY:SRI V.LAKSHMINARAYANA, SENIOR ADVOCATE FOR MS.SHILPA RANI, ADVOCATE) AND:1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO LAND REVENUE DEPARTMENT M.S.BUILDING DR.AMBEDKAR ROAD BANGALORE560001. 2 2.3. 4.5. 6.7. THE UNDER SECRETARY GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT (LAND ACQUISITION 2) M.S.BUILDING, BANGALORE THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE. THE SPECIAL LAND ACQUISITION OFFICER PODIUM BLOCK VISHWESWARAIAH TOWER BANGALORE. BHEEMA CHARITABLE TRUST CH...

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Sep 23 2015

Veerappa Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Sep-23-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH Dated this the 23rd day of September 2015 Before THE HONBLE MR.JUSTICE ASHOK B.HINCHIGERI Writ Petition Nos.19664-19665/2015 (LB-ELE) C/w Writ Petition Nos.105271-105272/2015 (LB-RES) In WP Nos.19664-19665/2015 Between:1. Veerappa, S/o Mallappa Madahalli, Aged about 55 Years, R/o Bharadwad, Taluk: Kundagol, Dist: Dharwad-581117.2. K Parushuram, S/o Yellappa, Aged about 40 Years, R/o Bharadwad, Taluk: Kundagol, Dist: Dharwad-581117. ...Petitioners (By Sri Satish Girji and Sri Chandrashekar P.Patil, Advocates) And 1. The State of Karnataka, Rep. by its Secretary to the Rural Development and Panchayath Raj, M.S.Building, Bangalore-560001.2. The Director (Panchayath Raj) Ex-Officio, Rural Development and Panchayath Raj, M.S.Building, Bangalore-560001. :2. :3. The Regional Commissioner, Tq. & Dist. Belguam-590002.4. The Deputy Commissioner, Dharwad-580001.5. The Election Commissioner, Cunningham Road, Bangalore-560001.6. Sri Udachappa, S/o ...

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