Karnataka Court September 2015 Judgments
Smt. Rajamma W/O Late B P Siddalingappa Vs. Sri B Renuka Murthy S/O C ...
Court: Karnataka
Decided on: Sep-21-2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF SEPTEMBER2015BEFORE THE HONBLE MR.JUSTICE S. ABDUL NAZEER REGULAR SECOND APPEAL NO.929/2011 A/W MISC.CVL.NO.8928/2011 (DEC/INJ). Smt.Rajamma, W/o late B.P.Siddalingappa, Aged about 71 years. Smt.B.S.Pramila, W/o Shivakumar, Aged about 45 years. Smt.B.S.Sujatha, W/o Chinnappa, Aged about 42 years. R/a Machanahalli, Dodda Hobli, Mandya Tq. & Dist. Smt.B.S.Savitha, D/o late B.P.Siddalingappa, Aged about 37 years. Between:1. 2 3 4 2 Sri B.S.Prabhuraju, Since deceased by his LRs. W/o late B.S.Prabhuraj, Aged about 60 years. S/o late B.S.Prabhuraj, Aged about 44 years. 5 5(a) Smt.Jayaratna, 5(b) Sri B.P.Chidanand, 5(c) Sri B.P.Kumaraswamy, S/o late B.S.Prabhuraj, Aged about 42 years. 5(d) Smt.B.P.Prabhamani, Appellant Nos.5(a) to 5(c) are R/a T.Beguru Village, Kasaba Hobli, Nelamangala Taluk, Bangalore Rural District. D/o late B.S.Prabhuraj, W/o N.A.Basavaraju, Aged about 40 years, R/a Deganahalli, Budihal Post, Kasaba Hob...
Tag this Judgment!Joseph Devaraj Vs. Balaraj
Court: Karnataka
Decided on: Sep-21-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF SEPTEMBER2015BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY REGULAR FIRST APPEAL No.978 OF2009CONNECTED WITH REGULAR FIRST APPEAL No.977 OF2009Joseph Devaraj, Son of Late R. Joseph, Aged about 60 years, IN R.F.A.No.978/2009 BETWEEN:1. 2. 3.4. Lewsly Devaraj, Son of Joseph Devaraj, Aged about 36 years, [Rep. by P.A.Holder Chesther Cutinho]., Alphonso Devaraj, Son of Joseph Devaraj, Aged about 34 years, Dominic Devaraj, Son of Joseph Devaraj, Aged about 32 years, 2 APPELLANTS Balaraj, Son of Late R. Joseph, All are residing at No.11, Sreemantha, Byrappa Layout, Nagashettyhalli, Bangalore 560 094. (By Shri Jayakumar S Patil, Senior Advocate for Shri N. Nagaraja, Advocate) AND:1. 2. (By Shri Uday Holla, Senior Advocate for Shri Vivek Holla, Advocate ) Both are residing at A.J.Bleesington, R.J.Garden, Chinnappanahalli Road, Marathalli Post, Bangalore. Smt. A. Alphonsa, Wife of J.Balaraj, RESPONDENTS ***** This Reg...
Tag this Judgment!K.L. Kumaraswamy Vs. Dhanalaxmi Bank Ltd. and Others
Court: Karnataka
Decided on: Sep-18-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 21.08.2015 passed by the Debt Recovery Appellate Tribunal, Chennai produced at Annx-K.) 1. The petitioner is neither a borrower nor a guarantor. His grievance is the property bearing No.17 situated at Vardhamanaiah Block, 5th cross, Shankarapuram, Bangalore is now sought to be brought to sale by the Debt Recovery Tribunal. He claims title to the said property under a decree for specific performance passed in O.S.No.1977/1996, which is under challenge before this Court in R.F.A. No.1166/2011. However, no sale deed is executed in his favour, as the property was brought to sale. In the meanwhile, his property was brought to sale by the Debt Recovery Tribunal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the SARFAESI Act'). 2. Being aggrieved by the measures taken, th...
Tag this Judgment!K L Kumaraswamy Vs. Dhanalaxmi Bank Ltd
Court: Karnataka
Decided on: Sep-18-2015
R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF SEPTEMBER2015PRESENT THE HONBLE MR. JUSTICE N.KUMAR AND THE HONBLE MR. JUSTICE G.NARENDAR W.P.No.39316/2015 (GM-DRT) BETWEEN : K.L.Kumaraswamy S/o K.C.Lakshminarayana Setty, Aged about 62 years, R/at No.17, 1st Floor, 29th Division, Vardamanaiah Block, 5th Cross, Shankarapuram, Bangalore ...PETITIONER (By Sri N.P.Kallesh Gowda, Adv.) AND :1. Dhanalaxmi Bank Ltd., Zonal Office, 3rd Floor, No.52, 33rd Cross, 4th Block, Jayanagar, Bangalore-560 011, Rep. by its Authorized Officer Sri S.Chandrashekar Father name not known, Hindu Major, Proprietor, 2.-. 2 - M/s Universal Trading Company, No.14, Church Road, Basavanagudi, Bangalore-560 004 Sri B.V.Basavaraju S/o Vishwanathappa, Aged about 74 years, R/at No.F-004, Adarsha Palace, 47th Cross, Jayanagar 5th Block, Bangalore-560 041 RESPONDENTS . . . . This writ petition is filed under Articles 226 and 3. 227 of the Constitution of India, praying to quash the impugned order d...
Tag this Judgment!C.P. Sundar Raj Vs. Nethravathy and Another
Court: Karnataka
Decided on: Sep-15-2015
(Prayer: This MFA filed U/S 30(1) of W.C. Act, against the Judgment dated 29.03.2012 passed in WCA/F-4/2009 on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub Division “ 2, Chickmagalur, awarding a compensation of Rs. 3,17,290/- with interest @ 7.5% from 07.06.2007.) 1. Appellant is employer of deceased Parameshwarappa. He has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 challenging the order passed by the Commissioner for Workmen's Compensation awarding compensation in a sum of Rs. 3,17,290/- along with interest at 7.5% p.a with effect from 07.06.2007 till realization. 2. Facts involved disclose that Parameshwarappa met with an accident when he was travelling from Kadur to Arasikere in Train No. 228. Claimants are the dependents of the deceased being his wife and minor child. On the fateful day, deceased was travelling in the train. He lost balance and fell down from the moving train due to sudden jerk and jolt of the t...
Tag this Judgment!B.M. Jayalaxmi Rao and Others Vs. B.M. Nagaraja Rao and Others
Court: Karnataka
Decided on: Sep-15-2015
(Prayer: These MFAs filed U/O 43 Rule 1(r) of CPC, against the order dated 12.12.2014 passed in OS No. 33/2014 on the file of the Senior Civil Judge and ACJM, Karkala, dismissing IA No. 3 filed U/O 39 Rule 1 and 2 of CPC., and etc.) 1. These three appeals arise out of common order dated 12.02.2014 passed by the learned Senior Civil Judge, Karkala, in O.S.No. 33/2014 dismissing I.A.Nos. 3, 4 and 5/2015 filed by the plaintiffs. 2. I.A.No.3 was filed to restrain defendant No. 1 from mortgaging or alienating plaint Aschedule properties or a portion thereof and from inducting any stranger into plaint Aschedule properties including making any alterations. I.A. No. 4 was filed against defendants 1 and 4 to restrain them from dispossessing plaintiff No. 1 from the house situated in plaint Aschedule properties. I.A. No. 5 was filed to restrain defendant No.1 from withdrawing any amount mentioned in plaint Bschedule from defendants 4 and 5 banks. 3. Plaint Aproperties are the immovable propertie...
Tag this Judgment!Sri C P Sundar Raj Vs. Smt Nethravathy
Court: Karnataka
Decided on: Sep-15-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL M.F.A.No.8447/2012 BETWEEN SRI C.P.SUNDAR RAJ, S/O SRI PUTTAN SHETTY AGED ABOUT54YEAS SRIKARTIK, 1ST CROSS HOSAMANE EXTENSION SHIMOGA-577201 (By Sri.V.S.NAIK, ADV.) AND ...APPELLANT1 SMT.NETHRAVATHY W/O LATE PARAMESHWARAPPA AGED ABOUT39YUEARS2 MASTER MEGHANATH S/O LATE PARAMESHWARAPPA AGED ABOUT10YEARS MINOR, REP BY HIS MOTHER AND NAURAL GUARDIAN RESPONDENT NO.1 R/A D.NO.175, K M ROAD, KADUR, CHIKKMAGALUR DIST. ... RESPONDENTS (By Sri.SANGAMESH R.B., ADV. FOR R1) THIS MFA FILED U/S301) OF W.C. ACT, AGAINST THE JUDGMENT DATED2903.2012 PASSED IN WCA/F-4/2009 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, SUB DIVISION-2, CHICKMAGALUR, 2 AWARDING A COMPENSATION OF Rs.3,17,290/- WITH INTEREST @ 7.5% FROM0706.2007. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT1 Appellant is employer of deceased...
Tag this Judgment!Smt. B. M. Jayalaxmi Rao Vs. Sri b.m. Nagaraja Rao
Court: Karnataka
Decided on: Sep-15-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL M.F.A.No.249/2015 C/W M.F.A.Nos.251/2015 & 252/2015 BETWEEN1 SMT.B.M.JAYALAXMI RAO AGED ABOUT63YEARS, W/O LATE B.M.RAGHOTHAMA RAO, R/AT JANTHRA BARI, BELMAN VILLAGE AND POST, KARKALA TALUK-576111.2. SMT B.M.NAGARATHNA RAO @ RATHNA A.RAO, AGED ABOUT36YEARS, D/O LATE B.M.RAGHOTHAMA RAO, W/O ANAND P.RAO, R/AT NO.101, GANESH NANDAN APARTMENTS, OPP:PANCHAMRITH HOTEL, MARATA COLONY, TILAKWADI, BELGAUM-590006.3. KUMARI ANANYA A RAO AGED ABOUT13YEARS, D/O B.M.NAGARATHNA RAO @ RATHNA A.RAO, 4. MASTER AARYA A.RAO AGED ABOUT5YEARS, S/O B.M.NAGARATHNA RAO @ RATHNA A.RAO, APPELLANTS3& 4 ARE MINORS, REP BY THEIR MOTHER, NATURAL GUARDIAN, I.E.PLAINTIFF NO.2 - SMT.B.M.NAGARATHNA RAO. 2 TO4ARE R/AT NO.101, 2 GANESH NANDAN APARTMENTS, OPP. PANCHAMRITH HOTEL, MARATA COLONY, TILAKWADI, BELGAUM-590006.5. SRI RAMESH RAO B.M. AGED ABOUT34YEARS, S/O LATE B.M.RAGHOTHAMA RAO, 6. MASTER ...
Tag this Judgment!State of Karnataka, rep. by the Commissioner of Commercial Taxes Vs. M ...
Court: Karnataka
Decided on: Sep-14-2015
(Prayers: These CRPs are filed under Section 15-A of KTEG Act, against the Judgment dated 18.4.2011 passed in STA.No.28/2011 on the file of the Karnataka Appellate Tribunal at Bengaluru, allowing the appeals filed under Section 14(1) of the KTEG Act. This CRP is filed under Section 15-A of KTEG Act, 1979, filed against the Orders dated 29.7.2010 and 23.11.2010 passed in STA.No.1955/2004 on the file of the Court of Karnataka Appellate Tribunal, Bengaluru, holding that malted barley is an agricultural produce.) 1. These revision petitions raise interesting questions. Both these revision petitions are preferred by the State. As they raise common substantial questions of law, they have been connected together and are disposed of by this common order. Background Facts: 2. CRP Nos.204/2011 and 230/2011, are filed by the State against judgment dated 18/04/2011, passed by the Karnataka Appellate Tribunal (hereinafter referred to as the Appellate Tribunalfor brevity) in STA Nos.27 and 28/2011, ...
Tag this Judgment!M. Shivanna Vs. The Assistant Commissioner of Income Tax, Central Circ ...
Court: Karnataka
Decided on: Sep-14-2015
(Prayer: This ITA is filed Sec.260-A of the Income Tax Act 1961 arising out of order dated 26/06/2009 passed in IT(SS)A NO. 19/BNG/2009, for the Block Assessment period 01.04.1990 to 20.02.2001, praying that this Hon'ble Court may be pleased to: I. Formulate the substantial questions of law stated therein, II. Allow the Appeal and set aside the order passed by the ITAT Bangalore in IT(SS)A No. 19/BNG/2009, dated 26/06/2009 in the interest of Justice and Equity.) 1. This is an appeal are filed by the assessee, challenging the assessment order for the Block period from 01-04-1990 to 20-02-2001. 2. Briefly stated the facts of this case are: The assessee-B.M. Shivanna, along with his brother B.M. Mariswamaiah, inherited certain agricultural lands which were acquired by the Karnataka Industrial Area Development Board (for short the Board') vide notification dated 17-07-1997. The total compensation for acquisition of such land, amounting to Rs. 4,10,56,235/-, was awarded by the Board in favo...
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