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Karnataka Court November 2016 Judgments

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Nov 10 2016

Iliyas and Others Vs. Dinkar Pandurang Bhate and Others

Court: Karnataka Dharwad

Decided on: Nov-10-2016

(Prayer: This regular second appeal is filed under section 100 of CPC against the judgment and decree dated 24.01.2015 passed in R.A. No.313 of 2009 on the file of the presiding officer, fast track court - III belgaum, allowing the appeal and setting aside the judgment and decree dated 29.10.2005 passed in O.S. No.627 of 2003 on the file of the III additional civil judge (JR. DR), belgaum, dismissing the suit filed for possession and mesne profits.) 1. The case of the plaintiff is that the suit property is a commercial shop measuring 11 X29 and 3. 8X18 total measuring 44 square meters situated in Belgaum. It was leased by her mother in favour of the defendant. The defendant was paying a monthly rent of Rs.250/-. In view of the amendment of the Karnataka Rent Act, the property in question was beyond the jurisdiction of the Karnataka Rent Control Act. Hence, in order to seek possession, the lease was terminated and the instant suit was tiled seeking for possession and mesne profits. 2....


Nov 10 2016

Venkatarama Naik and Others Vs. The Karnataka Power Transmission Corpo ...

Court: Karnataka

Decided on: Nov-10-2016

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct the Respondents to consider the cases of the Petitioners on preference basis and select them as junior lineman by granting them necessary weight age for experience and also for having passed endurance test and include their names in the selection list as no consideration of their cases for selection is arbitrary and contrary to the directions given by this hon'ble court in w.p.nos. 173-195 of 2014 as per the order dated 13-2-2004 and also in contravention of articles 14, 16 and 21 of the constitution of india and etc.) 1. The petitioners have challenged the selection made on the basis of the notification dated 12-6-2015 to the posts of Junior Linemen for different subsidiaries including respondent No.2, M/s. Chamundeshwari Electricity Supply Company Limited (for short, 'CHESCOM') Their prayer before this Court is that the respondents should be directed to consider the case...


Nov 10 2016

S.R. Mavarappa Gowda and Others Vs. M.G. Parameshwarappa and Others

Court: Karnataka

Decided on: Nov-10-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by the learned Addl. District Judge, Shivamogga dated 24.01.2011 in Misc. Appeal No.9/2006 Vide Annexure-N to the Writ Petition.) 1. Heard the learned Counsel for the parties and perused the record. The matter lies within a short compass. 2. The Tahsildar, Bhadravathi Taluk having received applications for re-grant of several lands under the Karnataka Village Offices Abolition Act, 1961 ('the Act' for short), conducted common enquiry and passed an order of re-grant dated 30.06.1984. The said order was assailed by filing an appeal, under S.3(2) of the Act, before the District Judge, Shivamogga in M.A.Nos.96/1984 and 97/1984. By a Judgment dated 11.09.1990, appeals were allowed in part and impugned order set aside and the case was remanded. The Tahsildar after holding enquiry passed an order dated 10.08.1982, The order was challenged before the District Judge, Sh...


Nov 10 2016

Badasha Husensaheb Tonashyal and Others Vs. Gourawwa and Others

Court: Karnataka Dharwad

Decided on: Nov-10-2016

(Prayer: This RSA is filed under Section 100 of Civil Procedure Code against the Judgment and Decree dated: 12.10.2004 passed in RA.No.48 of 1996 on the file of the District and Sessions Judge, Presiding Officer, Fast Track Court, Jamakhadi, dismissing the appeal and confirming the Judgment and Decree dated:8.3.1996 passed in O,S.No.28 of 1994 on the file of the Munsiff, Bilagi.) 1. Aggrieved by the concurrent findings recorded by both the Courts below in partly decreeing the suit of the plaintiffs by declaring that the sale deed executed by the defendant No.4 in favour of the deceased father of defendant Nos. 1 and 3 is not binding on the plaintiff to the extent of 2/3rd share, defendants 1 to 3 have filed this appeal. 2. The case of the plaintiffs is that they are sisters. They are the daughters of deceased Basappa Kalakeri who died in the year 1968. Defendant No.4 is the mother of the plaintiffs. There are no other legal representatives. The plaintiffs father and husband of defenda...


Nov 10 2016

TTP Technologies Pvt. Ltd. Vs. State of Karnataka

Court: Karnataka

Decided on: Nov-10-2016

(Prayer: These W.Ps. are filed under Articles 226 and 227 of the Constitution of India praying to quash the reassessment orders dated 30.04.2015 passed under Sec.39(1) of Kvat Act by Deputy Commissioner of Commercial Taxes (Audit) - 6.5, Bangalore for the Tax Periods April, 2008 to March, 2009 In Cas Order No.212505017 And Consequential Demand Notice Issued In form 180 Dated 30.04.2015 In demand No.128235806- Annex-G.) 1. These writ petitions are directed against the Assessment order passed by the respondent-Assessing Authority under Section 39(1) of the KVAT Act, 2003 (for short `the Act'), for the assessment made from April 2008 to March 2009 on 30.04.2015. 2. The petitioner-assessee also filed Rectification Application on 27.05.2015, against the said order, which too came to be rejected by the said Authority on 21.10.2016. Thereafter, these writ petitions have been filed before this Court challenging both the said orders passed by the respondent-Assessing Authority. 3. The learned c...


Nov 10 2016

The Managing Director, Bangalore Metropolitan Transport Corporation, r ...

Court: Karnataka

Decided on: Nov-10-2016

(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the Order in Complaint No. Karama 38 and 39/2007-08 dated 04.09.2012 passed by the Karnataka state Women Commission, Bangalore, the certified copy of the order dated 04.09.2012 is produced herewith and marked as Annexure-A.) 1. The respondent No.1, a Junior Assistant in the petitioner Corporation, having filed a complaint before the respondent No.2 Karnataka State Women Commission ( Commission for short), alleging that the petitioner indulged in an unfair labour practice and she was illegally transferred from Depot No.15 to Depot No.21, thus was put to mental agony and torture etc., and respondent No.2 having issued a Show-Cause Notice, the petitioner produced the files showing that the complainant instead of performing her duty as an employee, indulged in other activities, created nuisance and trouble in the smooth functioning of the Corporation and that O.S.No.1734/2007 filed ...


Nov 10 2016

H.C. Vijaykeerthi Vs. Union of India by Secretary Ministry of Informat ...

Court: Karnataka

Decided on: Nov-10-2016

(This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 17.2.2016 passed by the CAT in OA/170/01604/2015, Annexure-A dismissing the same.) Aravind Kumar, J. 1. Petitioner has called in question order dated 17.02.2016 passed by the Central Administrative Tribunal, Bangalore Bench (for short 'Tribunal'), in O.A.No. 170/01604/2015 whereunder O.A. filed by the petitioner for quashing of the order dated 01.09.2015 (Annexure-A14) and consequential direction to the respondents to make payment of subsistence allowance at 75% of the salary came to be rejected. 2. We have heard the arguments of Sri.A.R. Holla, learned counsel appearing for the petitioner and Sri. Chinmay J. Mirji, Central Government Counsel for respondents. Perused the records. 3. Brief facts which has lead to filing of this writ petition are as under. Petitioner came to be appointed as Cameraman Grade II and was posted at Doordarshan Kendra, Lucknow. He had remained ...


Nov 10 2016

M/S. Ttp Technologies Pvt Ltd Vs. State of Karnataka

Court: Karnataka

Decided on: Nov-10-2016

1/20 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE10H DAY OF NOVEMBER2016BEFORE THE HONBLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION Nos.57922-933/2016 (T-RES) BETWEEN: M/S. TTP TECHNOLOGIES PVT. LTD., No.486 D, 4TH PHASE PEENYA INDUSTRIAL AREA BANGALORE 560 058 A REGISTERED COMPANY REPRESENTED BY ITS DIRECTOR SRI. M. DEVARAJAIAH AGED ABOUT62YEARS S/O SRI. MALLESHAIAH. (BY SRI.THIRUMALESH M, ADV.) AND:1. PETITIONER STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE-560001.2.3. COMMISSIONER OF COMMERCIAL TAXES KARNATAKA VANIJYA THERIGE KARYALAYA GANDHINAGAR, BANGALORE 560 009. DEPUTY COMMISSIONER OF COMMERICIAL TAXES (AUDIT) 6.5, 3RD FLOOR, K.I.A.D.B. BUILDING2D STAGE, PEENYA, BANGALORE-560058. RESPONDENTS (BY SRI. V. SREENIDHI, AGA) Date of Order 10.11.2016 W.P.Nos.57922-933/2016 M/s. TTP Technologies Pvt. Ltd., Vs. State of Karnataka 2/20 THESE W.Ps. ARE FILED UNDER ARTICLES226& 227 OF THE CON...


Nov 10 2016

S R Mavarappa Gowda Vs. M G Parameshwarappa @ M G Parameshwara Gowda

Court: Karnataka

Decided on: Nov-10-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF NOVEMBER, 2016 BEFORE THE HONBLE MR.JUSTICE A. N. VENUGOPALA GOWDA WRIT PETITION No.37903/2011 (KVOA) BETWEEN:1. S.R. MAVARAPPA GOWDA S/O. LATE RAMAPPA AGE:65. YEARS, OCC: AGRICULTURE R/O. MYDOLALU VILLAGE HOLEHONNUR HOBLI BHADRAVATHI TALUK SHIMOGA DISTRICT. RAMAPPA S/O. SIDDALINGAPPA SINCE DECEASED REP. BY HIS L.Rs. (a) GANGAMMA2 W/O. LATE RAMAPPA AGE:52. YEARS OCC:HOUSEMAKER & AGRICULTURE R/O. MYDOLALU VILLAGE, HOLEHONNUR HOBLI BHADRAVATHI TALUK SHIMOGA DISTRICT. (b) MANJAMMA D/O. LATE RAMAPPA2AGE:30. YEARS, OCC:HOUSEMAKER R/O. MYDOLALU VILLAGE, HOLEHONNUR HOBLI BHADRAVATHI TALUK SHIMOGA DISTRICT. (c) (d) (e) (f) RENUKAMMA D/O LATE RAMAPPA AGE28YEARS R/O. MYDOLALU VILLAGE, HOLEHONNUR HOBLI BHADRAVATHI TALUK SHIMOGA DISTRICT. RAGHU PATEL S/O LATE RAMAPPA AGE25YEARS OCC:AGRICULTURE R/O MYDOLALU VILLAGE, HOLEHONNUR HOBLI BHADRAVATHI TALUK SHIMOGA DISTRICT. RANJITHA D/O LATE RAMAPPA AGE23YEARS R/O. MYDOLALU VILLAGE, ...


Nov 10 2016

Satish N Vs. State of Karnataka

Court: Karnataka

Decided on: Nov-10-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF NOVEMBER2016BEFORE THE HONBLE MR. JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION No.30917/2016 & WRIT PETITION Nos.31359-31361/2016 (MV) c/w WRIT PETITION No.30191/2016 (MV) c/w WRIT PETITION Nos.31673-31674/2016 (MV) IN WRIT PETITION No.30917/2016 & WRIT PETITION Nos.31359-31361/2016 BETWEEN:1. SATISH N. S/O. NARAYAN, AGED ABOUT27YEARS, RESIDING AT999 6TH CROSS, 12TH MAIN, RAJENDRA NAGAR, KORAMANGALA, BANGALORE 560047. K. MURALI S/O. K. NARAHARI, AGED ABOUT31YEARS, RESIDING AT:31. NETRAVATHI EXTENSION, DEVASANDRA, K. R. PURAM, BANGALORE 560036.2.3. MOHAMMED RIAZ PASHA S/O. ABDUL GAFFAR, AGED ABOUT47YEARS, RESIDING AT:8. PATEL DOWN, 5TH CROSS, 5TH MAIN ROAD, RAHMAT NAGAR, R. T. NAGAR POST, BANGALORE 560 032. 2 ABHINAYA KHATAVKAR S/O. RAMESH, AGED ABOUT36YEARS, RESIDING AT:67. 6TH A MAIN, 15TH CROSS, J.C. NAGAR, MAHALAKSHMIPURAM, BANGALORE-560086. ... PETITIONERS4 (BY MR. UDAYA HOLLA, SENIOR ADV. FOR MR. VIKAS N. M...


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