Karnataka Court November 2016 Judgments
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The Union of India Vs. smt.r.lakshmidevamma
Court: Karnataka
Decided on: Nov-14-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF NOVEMBER2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE SREENIVAS HARISH KUMAR WRIT PETITION NO.37642 OF2015(S-CAT) BETWEEN:1. THE UNION OF INDIA THROUGH THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, KESAVAPURA, HUBLI-580023 2.THE DIVISIONAL PERSONNEL OFFICER SOUTH WESTERN RAILWAY, MYSORE DIVISION, MYSURU57000 3.THE DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY, MYSORE DIVISION, MYSURU57000 (BY SRI ABHINAY Y T, ADVOCATE) ... PETITIONERS2AND:1. SMT.R.LAKSHMIDEVAMMA WIFE OF LATE V NAGRAJ, AGED ABOUT50YEARS, 2.L N CHETAN SHARMA SON OF LATE V NAGRAJ AGED ABOUT25YEARS, BOTH ARE RESIDING AT # 5/B, 7TH CROSS, RAJENDRA NAGAR, MYSURU57000 ... RESPONDENTS (BY SRI IZHAR AHMED, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.13.5.2015 [ANNEX-C]. PASSED IN RA NO.1/2014 BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ...
Aruna W/O Sudhir Lengade Vs. Madhukar Bapusaheb Lengade
Court: Karnataka Dharwad
Decided on: Nov-14-2016
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH ON THE30H DAY OF JULY, 2015 BEFORE THE HONBLE MR.JUSTICE RAVI MALIMATH AND THE HONBLE MR.JUSTICE P.S. DINESH KUMAR R.F.A.NO.4100/2012 C/W30112011 IN RFA NO4100OF2012BETWEEN1 ARUNA W/O SUDHIR LENGADE AGE:55. YEARS, OCC: HOUSEHOLD WORK R/O. 23, KHANAPUR ROAD TILAKWADI, BELGAUM-590 006 2. MAITHILI D/O. SUDHIR LENGADE AGE:33. YEARS, OCC: HOUSEHOLD WORK R/O. 23, KHANAPUR ROAD TILAKWADI, BELGAUM-590 006 3. AISHWARYA D/O. SUDHIR LENGADE AGE:30. YEARS, OCC: HOUSEHOLD WORK R/O. 23, KHANAPUR ROAD, TILAKWADI, BELGAUM-590 006 ... APPELLANTS (BY SRI M G NAGANURI, ADVOCATE) AND1 MADHUKAR BAPUSAHEB LENGADE AGE:70. YEARS SINCE DECEASED BY HIS LRs. 1A) 1(B) 1(C) 1(D) 2.3. 4.5.6. :2. : SMT.SUNITHA W/O MADHUKAR LENGADE AGE:64. YEARS, OCC: HOUSEHOLD R/O23 KHANAPUR ROAD BELGAUM-590 006 SMT.SANJANA W/O RAHUL MIRAJKAR AGE:43. YEARS, OCC: HOUSEHOLD R/O LENGADE BUILDING, CLUB ROAD BELGAUM-560 001 SHRI MAHAVEER MADHUKAR LENGADE AGE:40. YEARS, OCC: BUSINESS R/...
Alla Saheb Vs. The State of Karnataka & Ors
Court: Karnataka Kalaburagi
Decided on: Nov-14-2016
WA No.200488/2016 1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE14H DAY OF NOVEMBER, 2016 R PRESENT THE HONBLE MR.JUSTICE B.S.PATIL AND THE HONBLE MRS.JUSTICE B.V.NAGARATHNA WRIT APPEAL No.200488/2016 (S-TR) BETWEEN: Alla Saheb S/o Hussain Saheb Doddamani, Age:57. years, Occ: Executive Engineer, District Urban Development Cell, Urban Development Administration, Vijayapur 586 101. APPELLANT (By Shri P. Vilaskumar Marthand Rao, Advocate) AND:1. The State Of Karnataka Through its Principal Secretary, Department of Urban Development, Vikas Soudha, Dr. B.R. Ambedkar Veedhi, Bengaluru 01.2. The Director/Commissioner Municipal Administration, 9th Floor, Vishveshwarayya Tower, WA No.200488/2016 2 3.4. 5. Dr. B.R. Ambedkar Veedhi, Bengaluru 01. The Deputy Commissioner Vijayapur 586 101. The Project Director District Urban Development Cell, Vijayapur 586 101. Sharanappa C. Oni Executive Engineer, District Urban Development Cell, Belagavi 577 450. RESPONDENTS (By Shri R....
United India Insurance Company Limited, Rep. by the Manager Regional O ...
Court: Karnataka
Decided on: Nov-11-2016
(Prayer: This M.F.A. is filed under Section 173(1) of M.V. Act against the Judgment and Award Dated 30.04.2012 passed in MVC No.210/2012 on the file of the Presiding Officer, Fast Track Court-I, Member, Additional Mact, Mysore, awarding a Compensation of Rs.4,36,500/- with Interest @ 6% p.a. from the date of Petition till Realization.) 1. This appeal is filed by the insurer challenging the Judgment and award passed by the Motor Accident Claims Tribunal, Mysore, [the Tribunal , for short] in MVC No.210/2012. 2. Briefly stated the facts are: That the claimants, parents of the deceased Mahendra instituted the petition before the Tribunal claiming compensation for the death of their son in the motor vehicle accident which occurred on 8.2.2012 at about 10.10 p.m. while the deceased was riding the motorcycle bearing registration No.KA-45/J-4984, alleging actionable negligence of the driver of lorry bearing registration No.KA-19/B-9840 (offending vehicle) for parking on the main road in a ne...
Rashmi Thakeria Vs. Official Liquidator of Natural Textiles Private Li ...
Court: Karnataka
Decided on: Nov-11-2016
(Prayer: This C,A, is filed by the applicant u/s 151 of the code of Civil Procedure, praying to pass appropriate orders to direct the Official Liquidator to supervise the sale of the secured asset of the Company in Liquidation by the secured creditor, who is trying to undersell the Asset, and report compliance to this Hon ble Court, and etc.,) Sri. James P. Arun Kumar, Advocate for applicant; Sri. V. Jayaram, Advocate for Official Liquidator; Sri. Aditya Sondhi, Senior Counsel for Sri. B.C. Avinash, Advocate for secured creditors (M/s. Pheonix Arc Pvt. Ltd.) 1. Heard on C.A.No.969/2015 and OLR No.341/2015. 2. C.A.No.969/2015 has been filed by one of the shareholders Rashmi Thakeria, Promoter-Shareholder of Natural Textiles Private Limited (in liquidation) to the effect that, even though the assets of the company in liquidation are taken over by the secured creditor-Phoenix Arc Private Limited (ARC-an Asset Reconstruction Company) under the provisions of SARFAESI Act, 2002, the applican...
K. Mohan Kumar Vs. The Managing Director Karnataka State Road Transpor ...
Court: Karnataka
Decided on: Nov-11-2016
(Prayer: this petition is filed under articles 226 and 227 of the constitution of india. praying to call for the records and quash the endorsement dated 16.09.2014 issued by the 2nd respondent produced as annexure-e as the same is illegal and without authority of law; direct the 2nd respondent to consider the case of the petitioner for employment in the 2nd respondent - establishment on compassionate grounds in view of the facts and circumstances of the case.) 1. This petition was filed to quash Annexure-E issued by the 2nd respondent and for issuing direction to reconsider the case of the petitioner for appointment on compassionate grounds in Karnataka State Road Transport Corporation. 2. Brief facts of the case are; that Sri Kariappa, the father of the petitioner, a Junior Assistant in KSRTC, died on 27.09.2013, while in service. An application was submitted to provide appointment to the petitioner on compassionate grounds. The endorsement vide Annexure-E was issued and the request w...
H.A. Hammabba Vs. State of Karnataka, by its Under Secretary Departmen ...
Court: Karnataka
Decided on: Nov-11-2016
(Prayer: This Writ Petition (Habeas Corpus) is filed under Article 226 of the Constitution of India praying for issue of a Writ of Habeas Corpus to the Respondents to release the detenu Mr.Safwan Hussain @ Safwan S/O H.A.Hammabba, aged about 22 years, by quashing the order of Detention Dated 12.08.2016 in Reference No.HD.572.SST.2015 and the Order Dated 12.01.2016 in Reference No.HD.572.SST.2015 passed by Respondent No.1 vide Annexures-A and D as illegal and in violation of Articles of 21 and 22 of the Constitution of India.) 1. Whether a detaining authority under the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug- offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates Act, 1985 ('the Act'), can pass a subsequent order of detention by relying on the same grounds that were relied upon to pass the earlier order of preventive detention? This is the question that requires to be examined in this petition. 2. Petitioner's son by n...
M.S.R. Sathyanarayana Vs. Union of India, Ministry of Defence rep. by ...
Court: Karnataka
Decided on: Nov-11-2016
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to set aside the ordered dated 30.01.2009 vide Annexure-V issued by respondent NO.3 by accepting the resignation of the petitioner at Annexure-N.) 1. The petitioner is before this Court assailing the order dated 30.01.2009 (Annexure-V) and the communication dated 18.03.2009 (Annexure-Z) by which the third respondent has accepted the resignation of the petitioner and issued the relieving letter. In that light the petitioner is seeking that the representation made by the petitioner withdrawing the resignation be considered by the respondents. 2. The petitioner who was appointed as an Assistant Manager (Production) on 18.03.1997 was promoted as the Manager (Safety) through the order dated 01.01.2004 and was subsequently working as Senior Manager (Grade-V). During the course of his employment, the petitioner was placed under suspension through the order dated 23.10.2007 which according to...
The Kaiga Project Employees Consumers Co-Operative Society Limited Vs. ...
Court: Karnataka
Decided on: Nov-11-2016
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India Praying to quash the order dated 22/1/2005 In Dispute No.Abn/23/2002-03 passed by the 1st respondent which is produced herewith and marked as annexure-a, and also the order dated 30/1/2009 passed by the Karnataka appellate tribunal at bangalore in appeal no.212/2005 the copy of which has been produced at annexure-b. 1. The petitioner is a Co-operative Society and the respondent No.2 was its junior Manager (Accounts). Alleging that the respondent No.2 has misappropriated certain amounts, committed the breach of trust, dereliction of duty on his part, the petitioner dismissed the respondent No.2 from its service vide its order, dated 23.04.2002 (Annexure-E). Aggrieved by the said dismissal order, the respondent No.2 raised the dispute before the first respondent Assistant Registrar of Co-operative Societies invoking Section 70 of the Karnataka Co-operative Societies Act, 1959. The first respondent by ...
V. Karibasavangouda Vs. Manjula and Another
Court: Karnataka
Decided on: Nov-11-2016
(Prayer: This RPFC is filed under Section 19(4) of the Family Courts Act., against the Order dated 05.04.2016 passed in C.Misc.No.71/2015 on the file of the Judge, Family Court, Davanagere, partly allowing the petition filed under section 125 of Cr.P.C.,) 1. The revision petitioner, who is the husband of the 1st respondent and father of 2nd respondent has filed the present revision petition against the order dated 5th April, 2016 passed in Criminal Misc. No. 71/2015 by the Family Court, Davangere granting maintenance of Rs.2,000/- per month to the 2nd respondent-son from the date of petition. 2. The respondents, who are petitioners before the Family Court, filed a claim petition claiming maintenance under Section 125 of the Code of Criminal Procedure contending that, the marriage between the revision petitioner and the 1st respondent was solemnized on 24.5.2012 at Shri Chowdeshwari Temple at Sigandur village of Sagar Taluk and out of their wedlock, 2nd respondent was born. It is the sp...
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