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Karnataka Court November 2016 Judgments

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Nov 07 2016

Sri. Shanmugham R Vs. The State of Karnataka

Court: Karnataka

Decided on: Nov-07-2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF NOVEMBER, 2016 BEFORE THE HONBLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION Nos.56904-908 OF2016AND WRIT PETITION No.57124 OF2016(LB-BMP) BETWEEN1 2.3. 4. SRI. SHANMUGHAM R S/O V.RAMASWAMY, AGED80YEARS RESIDING AT NO.16, 24TH CROSS, CUBBONPET BENGALURU-560 002 SRI. BANASHANKARAPPA C S/O CHIKKASANKAPPA AGED66YEARS, RESIDING AT NO.49/1, SANJEEVAPPA LANE, AVENUE ROAD CROSS, BENGALURU-560 002 SRI VARADARAJU.C S/O CHIKKASANKAPPA, AGED61YEARS RESIDING AT NO.49, SANJEEVAPPA LANE, AVENUE ROAD CROSS, BENGALURU-560 002 SRI SATISH.K S/O KRISHNAPPA.B AGED42YEARS29 Date of order:7. 11.2016 in W.P. Nos.56904-908/2016 and W.P.No.57124/2016 Sri.Shanmugham.R. and others vs. The State of Karnataka and others 5.6. RESIDING AT NO.54/4 SANJEEVAPPA LANE AVENUE ROAD CROSS BENGALURU-560 002. SRI HARISH P S/O PARAMASHIVAIAH. C, AGED41YEARS RESIDING AT NO.51, SANJEEVAPPA LANE, AVENUE ROAD CROSS, BENGALURU-560 002. SRI. VINAY. B. S/O BANASHANKRAPP...


Nov 07 2016

Durugamma D/O Yallamma Vs. s.g.naresh

Court: Karnataka

Decided on: Nov-07-2016

- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF NOVEMBER, 2016 BEFORE THE HONBLE MRS.JUSTICE S.SUJATHA M.F.A.No.1201/2011 [MV]. ...APPELLANT BETWEEN : DURUGAMMA D/O. YALLAMMA AGED ABOUT10YEARS MINOR, REP: NATURAL GUARDIAN MOTHER YELLAMMA W/O. PASALU ERANNA, COOLIE AGED ABOUT37YEARS R/O. MARADIHALLI VILLAGE AIMANGALA HOBLI HIRIYUR TALUK CHITRADURGA DISTRICT (BY SRI HARISH N.R. FOR SRI B.M.SIDDAPPA, ADVS.) AND :1. S.G.NARESH, S/O. GOVINDAPPA AGED ABOUT22YEARS DRIVER OF AUTO, NARENAL VILLAGE J.N.KOTE POST, HIRIYUR TALUK CHITRADURGA DISTRICT (DELETED AS PER ORDER DATED0606.2011) SRI S.M.GOVINDAPPA S/O. MALLAPPA, MAJOR OWNER OF AUTO RICKSHAW NARENAL VILLAGE, J.N.KOTE HIRIYUR TALUK CHITRADURGA DISTRICT2 - 2 - RESPONDENTS THE MANAGER CHORAMANDALAM M.S.GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: DHARE HOUSE2D FLOOR, N-66, NSC BOSE ROAD CHENNAI 600 001 3. (BY SRI SPOORTHY HEGDE, ADV. FOR R2, SRI O. MAHESH, ADV. FOR R3, R1 DELETED VIDE ORDER DATED0606.2011) THIS M...


Nov 07 2016

Sangam Sweets Vs. Medical Officer of Health

Court: Karnataka

Decided on: Nov-07-2016

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF NOVEMBER, 2016 BEFORE THE HONBLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.57066 OF2016(LB-BMP) ...PETITIONER BETWEEN SANGAM SWEETS HEAD OFFICE AT No.12, SANGAM BUILDING, 2ND CROSS, GANDHINAGAR, BANGALORE - 560 009 REPRESENTED BY ITS PROPRIETOR HARISH BHAGWANJI S/O LATE BHAGWANJI DHANJI AGE:55. YEARS. (BY SRI SACHIN B S, ADVOCATE) AND1 MEDICAL OFFICER OF HEALTH GANDHINAGARA ZONE, POORNAIAH CHATRAM ROAD, TULSI THOTA, BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP) BANGALORE-560 009.2. SENIOR HEALTH INSPECTOR GANDHINAGARA ZONE, POORNAIAH CHATRAM ROAD, TULSI THOTA, BRUHAT BANGALORE MAHANAGRA PALIKE (BBMP) BANGALORE-560 009. Date of order :07. 11.2016 in W.P. No.57066/2016 Sangam Sweets vs. Medical Officer of Health and others 2/5 BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP) N.R.SQUARE, BANGALORE-560 009 REPRESENTED BY ITS COMMISSIONER. ...RESPONDENTS3 THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF IND...


Nov 07 2016

Mrs. Nutan Wodeyar Vs. Union of India

Court: Karnataka

Decided on: Nov-07-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF NOVEMBER, 2016 PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NOS.33703-33704/2016(S-CAT) BETWEEN : MRS.NUTAN WODEYAR D/O.S.S.WODEYAR AGED58YEARS WORKING AS CHIEF COMMISSIONER INCOME TAX-2 BANGALORE-1 RESIDING AT NO.C-3 DONA CYNTHIA, 35, PRIMROSE ROAD BENGALURU-560 025 ...PETITIONER (BY SRI B.M.SHYAM PRASAD, SENIOR COUNSEL FOR SRI P.B.AJIT, ADV.,) AND :1. UNION OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE REP.BY ITS SECRETARY2NEW DELHI-110 001 2. UNION OF INDIA DEPARTMENT OF PERSONNEL AND TRAINING REP.BY ITS SECRETARY GOVERNMENT OF INDIA, NORTH BLOCK NEW DELHI-110 001 3. THE CHAIRPERSON CENTRAL BOARD OF DIRECT TAXES NORTH BLOCK, NEW DELHI-110 001 4. THE MEMBER (P&V) CENTRAL BOARD OF DIRECT TAXES NORTH BLOCK, NEW DELHI-110 001 .. RESPONDENTS (BY SMT.GOWHAR UNNISA, CGC FOR R1 & R2 SRI JEEVAN J.NEERALGI, ADV., FOR R3 & R4) THESE WRIT PETITIONS ARE FILED UNDER ART...


Nov 05 2016

K.A Damayanthi and Another Vs. The State of Karnataka and Others

Court: Karnataka

Decided on: Nov-05-2016

(Prayer: These writ petitions are filed under Articles 226 and 227 of the constitution of India praying to set aside the order dated 17.9.2013 passed by the Karnataka Administrative Tribunal at Bangalore in application No.6699 to 6707/2011 vide Ann-G in so far as relates to the petitioners at Sl.No.6 and 8 of the Application and consequently allow the Application filed by the petitioners before the Karnataka administrative Tribunal at Bangalore.) 1. Rule. 2. Mr. H.T. Narendra Prasad, learned AGA appears for respondents and waives notice of Rule. 3. With the consent of learned Advocates appearing for both the sides, the petitions are finally heard. 4. The petitions are directed against the common judgment and the order dated 17.09.2013 passed by the Karnataka Administrative Tribunal (hereinafter referred to as the Tribunal for the sake of brevity), whereby the Tribunal for the reasons recorded in the order has dismissed the petitions. 5. The relevant facts are that on 01.07.2006 the res...


Nov 05 2016

The Comptroller and Auditor General of India and Another Vs. Raghavend ...

Court: Karnataka

Decided on: Nov-05-2016

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 08.06.2016 [In O.A.Nos.170/1358-1457/2015] Passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore Vide Annexure- C.) Jayant Patel, J. 1. The present petitions are directed against the order dated 08.06.2016 passed by the Tribunal whereby for the reasons recorded in the order, the Tribunal has allowed the application. 2. When we have taken up the matter, the learned for the petitioners has submitted that the present matter is covered by the earlier decision of this Court dated 17.10.2016 in W.A.No.52474/2016 and he prays that similar order may be passed. 3. We may record that this Court in the above said order dated 17.10.2016 has observed thus: "The present petitions are directed against the order passed by the Central Administrative Tribunal (hereinafter referred to as "the Tribunal" for the sake of brevity) whereby the Tribunal f...


Nov 05 2016

Vishwanathappa and Others Vs. V. Manjunath and Another

Court: Karnataka

Decided on: Nov-05-2016

(Prayer: This RSA is filed under Section 100 of CPC against the judgment and decree dated 18.06.2016 passed in RA No. 67/2013 on the file of the II Addl. Senior Civil Judge, Davanagere, dismissing the appeal and confirming the judgment and decree dated 29.10.2013 passed in O.S.No.359/2008 on the file of the Addl. Civil Judge, Davanagere.) 1. This is a Plaintiffs second appeal against the Judgment and Decree passed by the II Addl. Senior Civil Judge, Davanagere dismissing the appeal in R.A.No.67/2013 and confirming the judgment and decree dated 29.10.2013 passed in O.S.No.359/2008 on the file of the Addl. Civil Judge, Davanagere. 2. The parties are referred to as they are referred to, in the trial Court. 3. Plaintiff filed a suit for permanent injunction restraining the defendants or their agents from interfering in any manner in running of the Hotel by the plaintiff in the suit schedule property. The defendant Nos.1 and 2 are brothers of plaintiff and third defendant is the sister of ...


Nov 05 2016

Deshikamani and Others Vs. The State of Karnataka

Court: Karnataka

Decided on: Nov-05-2016

(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C. praying to set aside the conviction and sentence dated 21.09.2009 passed by the Additional S.J Shimoga in S.c.No.64/2008 convicting the appellants / accused Nos. 1 to 3 for the offence P/U/S 498-A and 306 read with section 34 of IPC and sentencing accused No.1 to undergo imprisonment of six years and pay fine of Rs.10,000/- for the offence. P/U/S 306. of IPC, and further sentenced to accused Nos. 1 to undergo imprisonment of 2 years for having committed offence P/U/S 498-A of IPC and appellants /accused No.2 and 3 to undergo imprisonment of one year for having committed offences P/U/S 498-A and 306 of IPC, the above sentence shall run concurrently. This Criminal Appeal is filed under Section 377 of Cr.P.C. praying to modify the order of sentence imposed by the Additional Sessions Judge, Shimoga in its judgment dated 21.01.2009 in Sessions Case No.64/2008 convicting the respondent accused for the offence P/U/S 498(A)...


Nov 04 2016

M/s. Powergear Limited, Rep. By Its Chairman X Durai Raj Vs. The Stati ...

Court: Karnataka

Decided on: Nov-04-2016

(Prayer: This Petition is filed under Article 226 of the Constitution of India, with a prayer to direct the R-1 to evacuate all the workmen inside the factory premises of the Petitioner located at Plot Nos. 15/16, Peenya Industrial Area, Bengaluru-560058 and ensure that no outsider or workmen forcibly enters the factory premises.) 1. The petitioner-Company is before this Court seeking issue of mandamus to direct the 1st respondent-jurisdictional police to evacuate all the workmen inside the factory premises of the petitioner located at plot No.15/6E, Peenya Industrial Area, Bengaluru and to ensure that no outsider or workmen forcibly enters the factory premises. 2. The petitioner which is a public limited company has its factory at the place as mentioned above. The case of the petitioner is that as it had incurred cash losses for three consecutive years ending 31.03.2014 totalling in all Rs.11.71 crores were compelled to lease the factory to one M/s. Expraco Composites India Pvt. Ltd.,...


Nov 04 2016

India Aviation Training Institute Private Limited and Others Vs. Nil

Court: Karnataka

Decided on: Nov-04-2016

(Prayer: This COP is filed under Section 391 to 394 of the Companies Act, 1956, praying to the scheme of Amalgamation at Annexure - A hereto, be sanctioned by this Hon'ble Court so as to be binding on the Petitioner Company and Transferor Company and its shareholders and creditors and etc.,) 1. Both these company petitions are being disposed of by this common order, as in both these petitions the transferor and transferee companies have sought approval for amalgamation of the two companies. 2. Company Petition No.111/2016 is filed by the AXISCADES ENGINEERING TECHNOLOGIES LIMITED (Transferee Company) and India Aviation Training Institute Private Limited is the petitioner / transferor Company in COP No.82/2016 seeking this Court's sanction of the scheme of amalgamation between the Transfer or Company and Amazon Seller Services Private Limited (Transferee Company) so as to be binding on all its shareholders and creditors. The Scheme of Amalgamation is at Annexure A to each Petition. 3. H...


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