Karnataka Court September 2015 Judgments
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Smt Rashmi Solanki Vs. Sri B S Sham Sunder
Court: Karnataka
Decided on: Sep-11-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE11H DAY OF SEPTEMBER2015BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NOs.27600-601/2015 (GM-CPC) BETWEEN: SMT. RASHMI SOLANKI AGED ABOUT56YEARS D/O AIR COMMANDER LATE JAGADEVA CHANDRA R/O AT T.3, ORCHID APARTMENTS10H CROSS, 1ST MAIN, GREEN PARK LAYOUT BANASWADI BANGALORE- 560 046. PETITIONER (BY SRI. K. SUMAN, ADV.) AND: SRI. B.S. SHAM SUNDER AGED ABOUT57YEARS S/O LATE SADASHIVAIAH R/O SRISTI RESIDENCY2MAGADI ROAD AGRAHARA DASARAHALLI CIRCLE BANGALORE- 560 040 ...RESPONDENT (BY SRI.B.M. SHYAM PRASAD SR. ADV. FOR SRI. G. B. SHARATH GOWDA, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES226AND227OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED283.2015 VIDE ANN-C, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC., MAGADI IN O.S. NO.55/2015 WHERE UNDER THE COURT BELOW HAS GRANTED THE INTERIM ORDER RESTRAINING THE PETITIONER FROM ALIENATING THE SUIT SCHEDULE PROPERTY AND THE ORDER DATED226.2015 VIDE AN...
Chanabasappa and Others Vs. The State of Karnataka and Others
Court: Karnataka Kalaburagi
Decided on: Sep-10-2015
(Prayer: This Crl.A. is filed u/s.374 (2) of Cr.P.C by the advocate for the appellants praying that this Hon'ble court may be pleased to, set aside the judgement and order of conviction dated 30.09.2010 passed by the III Addl. Sessions Judge at Bijapur in Sessions Case No. 28/2009, thereby convicting the Appellants / Accused No. 1 and 6 for the offence p/u/s 324 and 326 r/w Sec. 149 of IPC and the Appellants / Accused No. 1 and 6 are sentenced to undergo for a period of six months and to pay fine of Rs. 5,000/- each. in default, they shall undergo further is for a period of one month for the offence p/u/s 326 r/w sec. 149 of IPC further the appellants / accused no. 1 to 6 are sentenced to undergo for a period of three months and to pay fine of Rs. 1,000/- each. in default they shall undergo further is for a period of fifteen days for the offence p/u/s 324 of IPC r/w Sec. 149 of IPC. This Crl.A. is filed u/s. 372 of Cr.P.C by the advocate for appellant praying that this Hon'ble court to...
Ramning Vs. Ganesh and Others
Court: Karnataka Dharwad
Decided on: Sep-10-2015
(Prayer: This RSA is filed u/s 100 of CPC, against the judgment and decree DTD: 18.11.2013 passed in R.A.No.179/2008 on the file of the senior Civil Judge, Khanapur, dismissing the appeal, filed against the judgment and decree DTD: 04.03.2005 and the decree passed in O.S. No.73/1999 on the file of the PRL Civil Judge (JR. DN.), Kahanapur, dismissing the suit filed for declaration and injunction.) 1. This is an unsuccessful plaintiff's regular second appeal against the judgment and decree dated 18.11.2013 made in R.A. No. 179/2008 on the file of the Senior Civil Judge, Khanapur, confirming the judgment and decree dated 04.03.2005 made in O.S. No. 73/1999 on the file of the principal Civil Judge (Jr.Dn.), Khanapur, dismissing the suit for declaration and injunction. 2. It is the case of the plaintiff that he is the son of 1st defendant. Defendant Nos.2 and 3 are strangers to the plaintiff and plaintiff belongs to Hindu community of Amate Village and defendent Nos.2 and 3 belongs to Musli...
H.A. Srikanth and Another Vs. M/s. Sovereign Developers and Infrastruc ...
Court: Karnataka
Decided on: Sep-10-2015
(Prayer: These MFAs filed u/s 37(1) of Arbitration and Conciliation Act, r/w Order 43 Rule 1(a) of CPC, against the Order dt.30.04.2015 passed on I.A.No.9 in A.A.No.72/2015 on the file of the XX Additional City Civil and Sessions Judge, Bangalore, allowing I.A.No.9 filed u/s 9 of the Arbitration and Conciliation Act, r/w Rule 9 of High Court of Karnataka Arbitration Rules.) 1. MFA.No.4484/2015 is filed by defendants 1 and 2 challenging the order dated 30.04.2015 passed by the XX Additional City Civil and Sessions Judge, Bengaluru, allowing I.A.No.9 filed seeking an order of interim injunction in Arbitration Application No.72/2015 thereby restraining the defendants in the proceedings from interfering with the peaceful possession, enjoyment and development of the suit property by constructing structures by the applicant “ Company respondent No.1 herein until disposal of the case. 2. MFA.No.4992/2015 is filed by defendants 1 and 2 challenging the order dated 30.04.2015 passed by the...
Shridevi Charitable Trust (R) and Another Vs. Union of India, Ministry ...
Court: Karnataka
Decided on: Sep-10-2015
(Prayer: These writ petitions are filed under Article 226 of the Constitution of India, praying to quash the communication/ letter bearing No.U.12012/466/2015-ME (P.II) dated 15.6.2015 issued by the Respondent-1 vide Annexure-G whereby Respondent-1 has not renewed permission for 3rd batch of MBBS course in the Petitioner No.2 institution for academic year 2015-16, quash the communication Bearing No.MCI-34(41)(R-38)/2014 MED./106503 dated 11.05.2015 passed by Respondent No.2-MCI at Annexure-"E", whereby Respondent No.2 has recommended for disapproval of petitioners scheme for renewal of permission, direct the respondents to consider the petitioners scheme for renewal of permission for 3rd batch of MBBS course for an intake of 150 SEATS for Academic Year 2015-16 and consequently grant renewal of permission to Petitioner No.2, etc.) 1. The petitioners have preferred these writ petitions, seeking a writ of certiorari for quashing the Communication dated 15.06.2015 issued by the 1st respond...
Arjun M. Menda Vs. Narasamma and Others
Court: Karnataka
Decided on: Sep-10-2015
(Prayer: This Regular First Appeal filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, against the judgment and decree dated 10.09.2009 passed in O.S.No. 10234/1983 on the file of the XXXVI Additional Civil Judge, Mayo Hall, Bangalore (CCH No. 20), decreeing the suit against Defendant No. 1 and 2 for specific performance of contract and dismissing the suit against Respondents 3, 4 and 6.) 1. This is a plaintiff's appeal. The plaintiff is said to be a businessman and the partner in a firm, M/s K. Raheja Development Corporation “ dealing in real estate. The first and second defendants were said to be in occupation of land measuring 1,28,000 square feet at No. 9 (Old no. 5) Cunningham Road, Bangalore. (Hereinafter referred to as the property', for brevity) The third and fourth defendants were said to be the trustees of a private trust, Sir Hormusji Cowasjee Dinshaw Trust (hereinafter referred to as the Trust', for brevity). They claimed to be the ...
Eknath Vs. Roopa
Court: Karnataka Dharwad
Decided on: Sep-10-2015
(Prayer: This petition is filed under Sec. 115 of CPC against the order dated 12/03/2015 passed in Civil Misc. No. 2/2013 on the file of the Judge Family Court, Belagavi, allowing the petition filed U/O 9 Rule 13 R/W Sec. 151 of CPC.) 1. The petitioner-husband has approached this Court calling in question the order passed by the Family Court, Belagavi, in Civil Misc. No.2 of 2013 dated 12/03/2015 wherein the Family Court has allowed the petition filed under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure by setting aside its earlier exparte judgment and decree dated 14/06/2012 passed in M.C. No. 58 of 2012. 2. Upon issuance of notice, the respondent has appeared through his counsel. 3. Sri. S.S. Yadrami, learned counsel for the petitioner strenuously contends before the Court that in view of Section 19 of the Family Courts Act, any order on facts or law passed by the Family Court is appealable and no other provision is made for invoking the provisions under the Co...
The New India Assurance Company Limited Represented by its Chairman an ...
Court: Karnataka Dharwad
Decided on: Sep-10-2015
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 30.03.2009 (Annexure-L) passed by the appellant Authority under the Payment of Gratuity Act, 1972, in Appeal No. 31 of 2007-B2 and consequently dismiss the appeal filed by the respondent.) 1. Heard the learned counsel for petitioner Shri pradeep Sawkar and the learned counsel appearing for respondent, Shri S.K.Hegde. 2. It is the case of the petitioner that the respondent was working as an Assistant Branch Manager at the Hubli branch-II in the petitioner company. During the year 1991 he is said to have committed certain irregularities in respect of which a charge sheet dated 01.12.2003 was issued to him. An enquiry was thereafter conducted in accordance with the General Insurance (Conduct Discipline and Appeal) Rules, 1975 (hereinafter referred to as 1975 Rules', for brevity), wherein he was found guilty of the charges. Thereafter, the competent authority by...
Mohammed Rafeeq @ Patan Vs. State of Karnataka by JJ Nagar Police Stat ...
Court: Karnataka
Decided on: Sep-10-2015
(Prayer: This Criminal Appeal is filed under Section 374(2) Cr.P.C. praying to set aside the judgment dated 15/21.04.2011 passed by the P.O., and Addl. S.J., FTC-XV, Bangalore in S.C.NO. 881/2009 “ convicting the appellant/accused for the offences punishable under Section 302 of IPC and etc.) 1. The judgment and order of conviction dated 15.4.2011 passed by the Fast Track Court-XV, Bangalore in Sessions Case No. 881/2009 is called in question in this appeal by the convicted accused. By the impugned judgment, the trial Court has convicted the accused under Section 302 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 10,000/-. 2. Case of the prosecution in brief is that the accused is the husband of the deceased; their marriage was performed about 18 years prior to the incident in question; two children viz, P.Ws. 2 and 4 were born out of wedlock; the youngest of the children is P.W. 4 and she was aged about 14 years during the relevant point of ti...
Ramning S/O. Ganesh Goankar Vs. Ganesh S/O. Mukund Goankar
Court: Karnataka Dharwad
Decided on: Sep-10-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10H DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA R.S.A. NO.100039/2014 BETWEEN RAMNING S/O. GANESH GOANKAR AGED ABOUT:52. YEARS, OCC: AGRICULTURE R/O. AMATE, TQ: KHANAPUR, DIST: BELGAUM59130 (BY SRI. M.ANTHONY R. RODRIGUES, ADV. FOR SRI. RAMACHANDRA A. MALI, ADV.) ... APPELLANT AND1 GANESH S/O. MUKUND GOANKAR (DIED IN THE MONTH OF MAY2007AND APPELLANT IS ONLY ADOPTED SON LR IS ON RECORD) 2. JAFARULLA HAMID MULLA AGE:24. YEARS, OCC: AGRICULTURE R/O.H No.33O/2, CHAVATIGALLI, MADHAVPUR, VADGAON, BELGAUM590012. MEHABOOB ABDUL HAJI AGE:43. YEARS, OCC: BUSINESS R/O. H No.330/2, CHAVATIGALLI MADHAVPUR, VADGAON, BELGAUM59001THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE JUDGEMENT & DECREE DTD:18.11.2013 IN R.A.NO.179/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, PASSED ... RESPONDENTS :2. : KHANAPUR, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT AND DECREE DTD:04.03.2005 AND THE DECREE PASSED IN O.S. NO.73/19...
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