Karnataka Court November 2016 Judgments
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Abdulkarim Ibrahim Soudagar and Others Vs. Salahuddin Gous sab soudaga ...
Court: Karnataka Dharwad
Decided on: Nov-04-2016
(Prayer: This RSA is filed under section 100 CPC., against the judgement and decree dated 24-04-2009 passed in r.a.no.110 of 1998 on the pile of the I-Addl. civil judge (sr.dn) belgaum, allowing the appeal, filed against the judgment dated 09-11-2000 and the decree passed in o.s.no.484 of 1980 on the file of the II-Addl. Civil Judge(Jr.Dn) belgaum, disposing the suit filed for permanent injunction.) 1. The case of the plaintiffs is that the suit property bearing CTS No.3793 of Kotwal Galli consists of house property with open space, more fully described in the schedule to the plaint. That they are the owners of the suit property and the remaining extent belongs to defendants 1 and 2. Their names and the names of defendants 1 and 2 have been entered in the CTS records. That they are in possession of the same for the last 94 years, from the lifetime of their forefathers and therefore, they have perfected the title over it by adverse possession. Based on these contentions, the instant sui...
Dr. V.K. Satish Vs. Madiwalappa Bhimappa Vaalikar
Court: Karnataka Dharwad
Decided on: Nov-04-2016
(Prayaer: This MFA is filed under Section 173(1) of the MV Act, against the Judgment and Award dated 01-03-2007 passed in MVC No.243/2000 on the file of III Additional Civil Judge (Sr. Dn.) and CJM, Dharwad, awarding a compensation of rs.2,50,000/- with interest at 6% p.a. from the date of petition till payment.) 1. Appellant is the second respondent in MVC No.243/2000. Being aggrieved by the judgment and award dated 1st March, 2007 passed by the Motor Accident Claims Tribunal, Dharwad (hereinafter referred to as the Tribunal for short) fastening the liability on the appellant to compensate the claimants to an extent of 50%, he has filed this appeal. 2. Respondents No.1 and 2 herein had filed a claim petition contending that their son Shashikumar, aged about 7 years as on the date of accident, studying in I Standard died in the accident occurred on 15-01-2000 at about 3.00 p.m., near Salakinakoppa cross. While Shashikumar along with other persons were proceeding in a bullock cart on...
Chandrashekar @ Hanumantharaju Vs. Huchamma and Others
Court: Karnataka
Decided on: Nov-04-2016
(Prayer: This Review Petition is filed under Order 47 Rule 1 of CPC, praying to review the Order dated 20/03/2014 passed in W.P. No. 27694/2012 (GM-CPC), on the file of this Court.) 1. This is the plaintiff s review petition praying to review the order dated 20th March, 2014 passed in W.P.No.27694/2012 by the learned Single Judge of this Court. 2. The petitioner had filed a suit for specific performance for enforcement of the sale agreement dated 7.1.2006 which was denied by the defendants. After framing the issues, the plaintiff entered the witness box and sought to rely on the suit document i.e., agreement of sale dated 7.1.2006. The defendants have objected to the marking of the said agreement on the ground that it is insufficiently stamped and also filed an application under Section 34-A r/w Article 5(e)(i) of the Karnataka Stamp Act, 1957 (hereinafter referred to as the Stamp Act ) for a direction to the plaintiff to pay the stamp duty and penalty on the agreement of sale dated 7...
Bapu Vs. Kallappa and Others
Court: Karnataka
Decided on: Nov-03-2016
(Prayer: This appeal is filed under Section 96 of Civil Procedure Code against the judgment and decree dated 18.08.2004 passed in O.S. No.156 of 1989, on the file of the II Additional Civil Judge (Sr. Dn.), Belgaum, dismissing the suit for partition and separate possession.) 1. The case of the plaintiff is that he and defendants 1 to 12 are the members of a joint undivided Hindu family. Defendant No.1 is the father and Karta of the family. The family owns agricultural as well as business properties. In 1959-60, defendant No.1 and his two brothers orally partitioned the family s moveable and immoveable properties. In the year 1969, a registered partition deed was brought about. In terms of the same, the properties were allotted to the defendant No.1. Later on, the defendant No.1 purchased various properties, agricultural as well as business properties, out of the income of the joint family. Some of the properties have been sold by the defendant No.1. The plaintiff married in the year 19...
Katta Subramanya Naidu and Another Vs. State of Karnataka, Represented ...
Court: Karnataka
Decided on: Nov-03-2016
(Prayer: This Criminal Revision Petition is filed under Section 397 read with Section 401 Code of Criminal Procedure, 1973, praying to set aside the order dated 29.4.2013 passed by the XXIII Additional City Civil and Sessions Judge and Special Judge for Lokayukta, Bangalore in Spl.C.C.No.135/2011 thereby rejecting the application filed by the petitioner under Section 227 of Cr.P.C. This Criminal Petition filed under Section 482 of Code of Criminal Procedure, 1973 praying to quash the proceedings in Spl.C.C.No.135/2011 on the file of the XXIII Additional City Civil and Special Court of Prevention of Corruption Cases (CCH-24), Bangalore City which is arising out of Crime No.57/2010 of the Lokayukta Police, Bangalore City Division, Bangalore, for the offences punishable under Sections 7, 8 12 and 13(1)(d) of P.C.Act and under Sections 419, 420, 465, 468 and 471 read with 120(B) of IPC as an abuse of process of law.) 1. These petitions are disposed of by this common order. 2. The backgroun...
Gangabyraiah and Others Vs. Honnadasegowda
Court: Karnataka
Decided on: Nov-03-2016
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 30.08.2016 passed in IA filed U/O 14 Rule 5 of CPC in OS 19/2015 on the file of 2nd Addl. Sr. Civil Judge and JMFC, Tumakuru vide Annexure-G. This writ petition coming on for preliminary hearing this day, the Court made the following) 1. The defendant filed the present writ petition against the order dated 30.8.2016 on IA made in O.S No.19/2015 rejecting the application filed by the defendant No.3 under order XIV Rule 5 of the Code of Civil Procedure seeking an order to frame an additional issue in the application as prayed for. 2. The respondent who is the plaintiff before the Trial Court filed O.S.No.19/2015 for relief of cancellation of the compromise decree made in O.S.No.284/2014 dated 19.9.2014 on the file of the I Additional Senior Civil Judge, Tumakuru holding the same as fraudulent and declaration of the plaintiffs title and possession and also conseque...
S. Muniraju and Another Vs. State of Karnataka, By the Deputy Superint ...
Court: Karnataka
Decided on: Nov-03-2016
(Prayer: This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to reverse and set aside the order dated 19.7.2012 passed by the XXIII Additional City Civil and Special Judge for Prevention of Corruption Act, Bangalore City in Spl.C.C.No.136/2012 passed in the case taking cognizance of the offence punishable under Section 120-B of IPC read with Sections 9, 10 and Sections 13(1)(d)(ii) of the Prevention of Corruption Act and also for offence which made penal under Section 120B read with Sections 464, 468 and 471 of IPC and further directing process against the petitioner for his appearance in the case before the court. This Criminal Petition filed under Section 482 of the Code of Criminal Procedure, 1973 praying to quash the charge sheet in Spl.C.C.No.136/2012 on the file of the XXIII Additional City Civil and Sessions Judge and Special Judge for Prevention of Corruption Act, Bangalore City, for offence punishable under Section 13(1)(d)(ii) read with...
M/s. National Insurance Co. Ltd., rep. by its Administrative Officer V ...
Court: Karnataka
Decided on: Nov-03-2016
(Prayer: This MFA is filed under Section 173(1) of the Motor Vehicles Act against the Judgment and Award dated 21.12.2009 passed in MVC No.1707/2007 on the file of the Presiding Officer, Fast Track Court, Mangalore and Member, MACT, Mangalore D.K., awarding a compensation of Rs.20,000/- with interest @ 6% p.a. from the date of petition till the date of realization.) 1. Heard the learned counsel appearing for the appellant and the learned counsel appearing for respondent No.1. The respondent No.2 though served remained unrepresented. 2. The short question that arose for consideration, in this appeal is that Whether the Tribunal has a duty and required to give a finding on the issue framed with regard to the negligence in a petition filed under section 163-A of the Motor Vehicles Act. If so, under what circumstances? 3. The respondent No.1 has preferred a claim petition in MVC No.1707/2007 claiming compensation for the injuries sustained by him in a Motor Vehicle Accident took place ...
H.C. Jayaprakash Vs. The General Manager Vijaya Bank
Court: Karnataka
Decided on: Nov-03-2016
(Prayer: This writ petition is filed under Articles 226 and 227 of the constitution of India praying to set aside the order dated 03.12.2014 passed by the central Government Industrial Tribunal cum - labour Court, Bangalore in CGA No.03/2012 at Annexure-A and to direct the Respondent to pay the leave encashment benefit as claimed by him to the extent of Rs.2,74,328/- with interest thereon.) 1. Challenge in this petition is to an order passed by the Central Government Industrial Tribunal cum - Labour Court, Bangalore ( Tribunal for short). 2. The factual position in brief is as follows: The petitioner was removed from service by the respondent. A dispute having arisen, reference was made by the Government to the Tribunal for adjudication of the following: Whether the management of Vijaya Bank is justified by removing Shri H.C. Jayaprakash, Clerk from service w.e.f. 27.9.2001? If not, what relief the workman is entitled to and from which date? 3. The reference upon adjudication wa...
Commissioner of Income Tax (Central) and Others Vs. Bagmane Developers ...
Court: Karnataka
Decided on: Nov-03-2016
(Prayers: This ITA is filed under sec. 260-A of I.T.Act 1961 arising out of order dated 03/12/2010 passed in ITA No.382/Bang/2010 for the assessment year 2004-05, praying that this Honourable Court may be pleased to: 1. Formulate the substantial questions of Law Stated therein. 2. Set aside the common appellate order dated 03/12/2010 passed by the ITAT, B Bench, Bangalore in appeal proceedings ITA No.382/Bang/2010, as sought for in this appeal, in the interest of justice and equity. This ITA is filed under sec.260-A of I.T.Act 1961 arising out of order dated 03/12/2010 passed in ITA No.182/Bang/2010 for the assessment year 2002-03, praying that this Honourable Court may be pleased to: 1. Formulate the substantial questions of Law Stated therein. 2. Set aside the common appellate order dated 03/12/2010 passed by the ITAT, B Bench, Bangalore in appeal proceedings ITA No.182/Bang/2010, as sought for in this appeal, in the interest of justice and equity. This ITA is filed under sec.260...
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