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Karnataka Court October 2016 Judgments

Oct 20 2016

K. Srinivasan Vs. State of Karnataka, By Indiranagar Police Station, R ...

Court: Karnataka

Decided on: Oct-20-2016

(Prayer: This CrL.P is filed u/s. 439 (2) Cr.P.C. praying to set aside the Orders Dated 02.07.2015 in Crl. Misc. No. 3618/2015 and 20/07/2015 Crl.Misc. No. 4289/2015 respectively passed by the II Addl. City Civil and S.J. and Spl. Judge, Bangalore by cancelling the Anticipatory Bail granted in Crl. Misc. No. 3618/2015 and Crl.Misc. No. 4289/2015 respectively in respect of Cr.No. 169/2015 of Indiranagar P.S. (earlier registered in Cr.No. 280/2015 of Vidhana Souda P.S. which was later transferred to Indiranagar P.S. who have filed the charge sheet) passed by the II Addl. City Civil and S.J. and Spl. Judge, Bangalore dated 02.07.2015 and 20.07.2015.) 1. The petitioner is the complainant (CW-2). On the basis of his complaint, case has been registered in Crime No. 169/2015 by the Indiranagar Police Station on 16.5.2015 for the offence punishable U/s 506 of IPC and Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Subsequently, the complainant...

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Oct 20 2016

M.C. Sathyanarayana Vs. The State of Karnataka, Represented By Its Sec ...

Court: Karnataka

Decided on: Oct-20-2016

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order / notification dated 14-9-2016 vide Annexure-D passed by respondent-1 transferring respondent-3 to the place of the petitioner as Assistant Engineer, Hassan Urban Development Authority, Hassan, and transferring the petitioner as assistant engingeer, city municipal council, Hassan, in the place of respondent-3.) 1. The petitioner, Mr. M.C. Sathyanarayana, has challenged the transfer order dated 14-9-2016, whereby the petitioner has been transferred from the Hassan Urban Development Authority, Hassan, to the City Municipal Council, Hassan. Meanwhile, Mrs. H.S. Rashmi has been transferred in place of the petitioner. 2. The brief facts of the case are that the petitioner was initially appointed as an Assistant Engineer in the Public Works Department (the 'P.W.D.' for short). However, later he was sent to the Urban Development Authority ('the U.D.A' for short) at...

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Oct 20 2016

B.V. Nagakannika Vs. Dastagir S. Haroon

Court: Karnataka

Decided on: Oct-20-2016

(Prayer: This W.P. is filed under Article 227 of the constitution of India praying to quash the impugned order dtd.28.3.2016 passed by 4th Additional Civil Judge and Additional JMFC-V, Tumkur on the Application filed under Section 151 of CPC in O.S.No.970/2014 and etc.,) 1. The present petition is directed against the order dated 28.3.2016 passed by the Lower Court whereby the Lower Court has declined to pass the order below the interim application under Section 151 of CPC to direct deposit amounting to Rs.1,89,750/- along with the damages at the rate of Rs.20,000/- per month. 2. I have heard Mr.R.B. Sadashivappa, learned counsel for the petitioner. 3. The contention raised on behalf of the petitioner is that, Karnataka Rent Act, 1999 is not applicable since the rental amount is exceeding the limit prescribed for application of the Rent Act. Therefore, it should be covered by the Transfer of Property Act. The suit was for recovery of amount of arrears of rent and for eviction and the s...

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Oct 20 2016

C. Muni Reddy Vs. State of Karnataka, Represented by its Chief Secreta ...

Court: Karnataka

Decided on: Oct-20-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of Mandamus or any other appropriate writ not to Transgress into the Property of the Petitioner or trespass or encroach and usurp the Property of the Petitioner under the Guise Rajakaluve running through the property of the Petitioner and to Implement Removal of the Encroachment of Rajakaluve, if any as per the survey Sektch Vide Annexure-C and etc.) 1. The petitioner has approached this Court with the following prayers; "i) Issue a writ of mandamus or any other appropriate writ not to transgress into the property of the petitioner or trespass or encroach and usurp the property of the petitioner under the guise of Rajakaluve running through the property of the petitioner and to implement the removal of the encroachment of Rajakaluve, if any as per the Survey Sketch produced at Annexure-C. ii) Issue a writ of mandamus or any other appropriate writ to the respondents not t...

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Oct 20 2016

C Muni Reddy Vs. State of Karnataka

Court: Karnataka

Decided on: Oct-20-2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF OCTOBER, 2016 R BEFORE THE HONBLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.51666/2016 (LB-RES) BETWEEN C MUNI REDDY S/O LATE CHINNAPPA REDDY AGED ABOUT75YEARS RESIDING AT NO.36/1 BTM4H STAGE, 2ND BLOCK OPP: MAHAVEER CALYX APTS BENGALURU-560076 ...PETITIONER (BY SRI ACHAPPA P B, ADVOCATE) AND1 STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001 STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT BENGALURU URBAN DEVELOPMENT ROOM NO.436, 4TH FLOOR VIKASA SOUDHA BENGALURU-560 001 2. Date of order :20. 10.2016 in WP No.51666/2016 C Muni Reddy vs. State of Karnataka and others 2/9 3.4. 5.6. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) REPRESENTED BY ITS COMMISSIONER BBMP HEAD OFFICE CORPORATION CIRCLE HUDSON CIRCLE BENGALURU-560002 BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS CHIEF ENGINEER (STORM WATER DRAINS) BBMP HEAD ...

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Oct 20 2016

Srinivasan K Vs. State of Karnataka

Court: Karnataka

Decided on: Oct-20-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF OCTOBER2016BEFORE THE HON' BLE MR. JUSTICE L. NARAYANA SWAMY CRIMINAL PETITION No.2141/2016 ... PETITIONER (BY SRI RAVINDRA B DESHPANDE, ADV.) BETWEEN: SRINIVASAN .K S/O THIMMARAYAPPA. K AGED ABOUT56YEARS R/AT SANTHOSH NIVAS, PRIYADARSHINI LAYOUT KOWDEHALLI EXTENTION, RAMAMURTHY NAGAR BENGALURU - 560 016. AND:1. STATE OF KARNATAKA BY INDRANAGAR POLICE STATION, BANGALORE CITY BANGALORE-560 001. (REP. BY SPP, HIGH COURT BUILDINGS BENGALURU-560 001) 2. R .MADHUSUDHAN S/O R .SURYANARAYANA, AGED ABOUT39YEARS WORKING AT STC OF INDIA LTD, B-1 201, MARATHON2NEXTAGON INNOVA, OPP. GK MARG, LOWER PAREL MUMBAI-400 013. AND ALSO RESIDENT OF BEERAKOPPAM VILLAGE AND POST III A K G KAVADIGAL THIRUTHANE TALUK THIRUVELLUR DISTRICT. TAMILNADU-631 209.3. MR. BALARAJU S/O MOTAPPA AGED ABOUT36YEARS ITHARAHALLI VILLAGE BUDIGERE (POST) CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BANGALORE -562 110.4. MR. SRINATHGOWDA S/O SATHYANARAYAN RAO AG...

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Oct 20 2016

Smt B v Nagakannika Vs. Sri Dastagir S Haroon

Court: Karnataka

Decided on: Oct-20-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF OCTOBER2016BEFORE THE HONBLE MR.JUSTICE JAYANT PATEL WRIT PETITION NO.44943/2016(GM-CPC) BETWEEN: SMT B V NAGAKANNIKA W/O LATE SRI B M PRAKASH, AGED ABOUT56YEARS, R/AT NO.24, SHAKTHI NILAYA, R.K.PURAM, S.C.ROAD, BENGALURU-560009 ...PETITIONER (BY SRI.R B SADASIVAPPA, ADVOCATE) AND: SRI DASTAGIR S HAROON S/O SRI SHAB JAN, AGED ABOUT52YEARS, NO.2911/A, NEW KATHA, NO.3452/609, B.G.PALYA ROAD, SANTHEPETE, TUMKUR-572137 ...RESPONDENT THIS W.P. IS FILED UNDER ARTICLE227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 28.3.2016 PASSED BY4H2ADDITIONAL CIVIL JUDGE AND ADDITIONAL JMFC-V, TUMKUR ON THE APPLICATION FILED UNDER SECTION151OF CPC IN O.S.NO.970/2014 AND ETC.. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING: ORDER The present petition is directed against the order dated 28.3.2016 passed by the Lower Court whereby the Lower Court has declined to pass the...

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Oct 19 2016

Basavaraj @ Madhu Vs. Suvarnama and Others

Court: Karnataka

Decided on: Oct-19-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the Order Dated 20.12.2013 passed by the II Additional District And Sessions Judge, Tumkur on I.A.II in R.A.No. 115/2010 Vide Annexure-D.) 1. This is plaintiffs writ petition against the order dated 20.12.2013 on I.A.No.2 made in R.A.No. 115/2010 on the file of the II Addl. District and Sessions Judge, Tumakuru, dismissing the application filed under Order I Rule 10 Code of Civil Procedure to implead one P.Shekar, Son of late A.D.Puttanna, subsequent purchaser during pendency of the appeal as 5threspondent. 2. The petitioner herein filed suit in O.S.No. 70/1996 for the relief of partition and separate possession against the defendants contending that the suit schedule properties are joint family properties and he is entitled to a share. The defendants filed written statement, denied the plaint averments and contended that the suit schedule properties are not joint family proper...

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Oct 19 2016

Kmmi Ispat Pvt. Ltd. and Another Vs. State Bank of India

Court: Karnataka

Decided on: Oct-19-2016

1. The petitioner is before this Court assailing the order dated 6.7.2015 passed by the DRT in O.A. No. 515/2014 as at Annexure 'A' to the petition. 2. The respondent - Bank has filed the recovery petition under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act. In the pending proceedings, the petitioners herein are the defendants. Despite grant of time, the written statement had not been filed in the said proceedings. The respondent - Bank had accordingly filed the affidavit of A.W. 1 and the documents produced in that regard were also marked as C.A. 1 to C.A. 59. Time as sought by the petitioners herein who are the defendants was rejected by the DRT and on invoking Order 7, Rule 10 of the CPC has allowed the application and directed issue of Recovery Certificate. It is in that view, the petitioners are before this Court. 3. Even when there was default on the part of the defendants and if the DRT was proceeding to allow the Recovery proceedings, it was re...

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Oct 19 2016

N. Kotresh Vs. R. Kemparaju and Others

Court: Karnataka

Decided on: Oct-19-2016

(Prayer: This W.P. is filed Under Article 227 of The Constitution of India Praying to set Aside the Impugned Order Dtd.23.8.2016 Passed by The Principal, Civil Judge and JMFC, Doddaballapura in Election Petition No.3/2015 vide Annex-F.) 1. This writ petition is filed by the defeated candidate challenging the election of the 1st respondent as councilor in City Municipal Council, Doddaballapur, under the provisions of the Karnataka Municipalities Act, 1964, aggrieved by the order Annexure-F dated 23.08.2016 passed by the Prl.Civil Judge and JMFC at Doddaballapur, dismissing the I.A. filed under Section 5 of the Limitation Act as well as I.A.filed u/O 6 Rule 17 of CPC filed in the Election Petition No.3/15 filed by the present petitioner. 2. The reasons assigned by the learned court below in the impugned order are quoted before for ready reference:- "7. Admittedly, the petitioner filed this petition U/s. 21 of the Karnataka Municipalities Act to challenge the declaration of winning candid...

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