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Karnataka Court November 2016 Judgments

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Nov 11 2016

The Management of Grasilene Division, A Unit of Grasim Industries Ltd ...

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 Impugned Order Dated 25.03.2010 Passed by the Labour Court, Hubli, In Application No. 57/2007 and Etc.) 1. As the question of facts and law involved in these proceedings are the same, they are being disposed of by this common order. 2. The petitioner Management has called into question the order, dated 25.03.2010 passed by the Labour Court, Hubballi, in application Nos.56/2007, 54/2007,59/2007, 58/2007, 55/2007, 60/2007 and 57/2007, allowing the applications filed by the respondent workmen under Section 33C(2) of the Industrial Disputes Act, 1947 ('said Act' for short). 3. The applications were filed stating that certain amounts were due to be paid by the Management to the respondent-workmen under the memorandum of settlement, dated 16.03.2006. The Labour Court has allowed the said applications. 4. Sri N.M. Hansi, the learned counsel for the petitioner Management submits that th...


Nov 11 2016

Anjinappa and Another Vs. Anandamma Alias Akkamma and Another

Court: Karnataka

Decided on: Nov-11-2016

(Prayer: This CRP is filed under Sec.115 of CPC, 1908 Against the Order dated 05.12.2015 Passed in O.S.No.326/2015 on the file of The Additional Civil Judge and JMFC, Devanahalli, Rejecting the Compromise Petition filed under order 23 Rule 3 of CPC.) 1. This petition is filed against the order dated 05.12.2015 passed in O.S.No.326/2015 by the Additional Civil Judge and JMFC, Devanahalli, rejecting the compromise petition filed under Order 23 Rule 3 of the Code of Civil Procedure. 2. The present petitioners are the plaintiffs in O.S.No.326/2015 filed against the defendants before the Trial Court, seeking for declaration of title and injunction contending that they are the owners / of the suit schedule property. Thereafter, both the parties agreed to resolve the dispute amicably and filed a compromise petition on 10.09.2015. The Trial Court, after incorporating the entire terms of the compromise petition rejected the compromise petition on 05.12.2015. Hence the present civil revision pet...


Nov 11 2016

h.a. Hammabba Vs. State of Karnataka

Court: Karnataka

Decided on: Nov-11-2016

1 - - WP(HC) No.122/2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE11H DAY OF NOVEMBER2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH R AND THE HONBLE MR. JUSTICE K.N.PHANEENDRA WRIT PETITION (HC) NO.122/2016 ... PETITIONER BETWEEN: H.A.HAMMABBA S/O ABDULLA AGED ABOUT75YEARS KOPPALA HOUSE KRISHNAPURA HALEYANGADI VILLAGE MANGALORE 575 001 (BY SRI HASHMATH PASHA, ADVOCATE) AND:1. STATE OF KARNATAKA BY ITS UNDER SECRETARY DEPARTMENT OF HOME INTERNAL ADMINISTRATION (LAW AND ORDER) VIDHANA SOUDHA BANGALORE -560 001 2.3. THE COMMISSIONER OF POLICE MANGALORE CITY MANGALORE 575 001 THE SENIOR SUPERINTENDENT CENTRAL PRISON BELLARY 583 101 ... RESPONDENTS (BY SRI D.NAGARAJ, AGA) 2 - - WP(HC) No.122/2016 THIS WRIT PETITION (HABEAS CORPUS) IS FILED UNDER ARTICLE226OF 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 ABOUT22YEARS, BY QUASHING THE ORDER OF DETENTION DATED1...


Nov 11 2016

United India Insurance Company Limited Vs. Smt. Rajamma

Court: Karnataka

Decided on: Nov-11-2016

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE11H DAY OF NOVEMBER, 2016 BEFORE THE HONBLE MRS.JUSTICE S.SUJATHA M.F.A.No.10292/2012 [MV]. BETWEEN : UNITED INDIA INSURANCE COMPANY LIMITED DIVISIONAL OFFICE-I, BALLAL CIRCLE, CHAMARAJAPURAM, MYSORE- 570 005 REP. BY THE MANAGER REGIONAL OFFICE, UNITED INDIA INSURANCE COMPANY LIMITED, 5TH & 6TH FLOORS, KRISHI BHAVAN, NRUPATUNGA ROAD, BANGALORE-560 001 ...APPELLANT (BY SRI R.RAJAGOPALAN, ADV.) AND :1. 2. 3. SMT.RAJAMMA W/O SHRI RAJANNA @ RAJEGOWDA, AGED ABOUT50YEARS SHRI RAJANNA @ RAJEGOWDA S/O LATE SHRI SANNEGOWDA, AGED ABOUT56YEARS BOTH ARE R/AT D.G. KOPPAL VILLAGE, P.O. KUTTUR, BETTADAPURA HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT- 571 102 SHRI P.E.SWAMY S/O SHRI ERAJANAIKA, AGED ABOUT31YEARS, NO.9, POOJARI KOPPAL VILLAGE, 4.-. 2 - BETTADAPURA HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT- 571102 SHRI K.A.MUNEER AHMED S/O LATE SHRI MOHAMMED AMEER, AGED ABOUT67YEARS No.1045, PETE BEEDI, KONANUR- 575130 RESPONDENTS (BY SRI V.PADMA...


Nov 11 2016

Rashmi Thakeria Vs. Official Liquidator

Court: Karnataka

Decided on: Nov-11-2016

1/5 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE11h DAY OF NOVEMBER, 2016 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI CA No.969/2015 IN COP NO.84/2012 BETWEEN: RASHMI THAKERIA PROMOTER-SHAREHOLDER NATURAL TEXTILES PVT. LTD., (COMPANY UNDER LIQUIDATION) NO.172/173/174, KIADB INDUSTRIAL AREA, BOMMASANDRA JIGANI LINK ROAD, BANGALORE-560 106. (BY SRI. JAMES P ARUN KUMAR, ADV.) AND: OFFICIAL LIQUIDATOR OF NATURAL TEXTILES PRIVATE LIMITED (COMPANY UNDER LIQUIDATION) HIGH COURT OF KARNATAKA2627, 12TH FLOOR, RAHEJA TOWERS, M G ROAD, BENGALURU-560 001. ... APPLICANT ... RESPONDENT (By SRI. V. JAYARAM, ADV. FOR OFFICIAL LIQUIDATOR, SRI. ADITYA SONDHI, SENIOR COUNSEL FOR SRI. B. C. AVINASH, ADV. FOR SECURED CREDITORS (M/S. PHEONIX ARC PVT. LTD.) THIS C,A, IS FILED BY THE APPLICANT U/S151OF 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,...


Nov 11 2016

Sri. K. Mohan Kumar Vs. The Managing Director

Court: Karnataka

Decided on: Nov-11-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE11H DAY OF NOVEMBER, 2016 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.2285/2016 (S-KSRTC) BETWEEN: SRI. K. MOHAN KUMAR S/O. LATE KARIYAPPA AGED ABOUT27YEARS RESIDING AT CHIKKURU GOLLARAHATTI VILLAGE CHIKKURU POST ARASIKERE TALUK AND DISTRICT-573 103 KARNATAKA. ... PETITIONER (BY SRI S.VENKATESHWARA BABU FOR M/s. A. SHIVARAMA & ASSOCIATES, ADVS.) AND:1. THE MANAGING DIRECTOR KARNATKA STATE ROAD TRANSPORT CORPORATION (A GOVERNMENT OF KARNATAKA UNDERTAKING) K.H. ROAD, SHANTHINAGAR BENGALURU - 560 027.2. 2 THE DIVISIONAL CONTROLLER KARNATAKA STATE ROAD TRANSPORT CORPORATION CHICKMAGALUR DIVISION CHICKMAGALUR 577 101 KARNATAKA. ... RESPONDENTS (BY SMT. H.R.RENUKA, ADV.) THIS PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND QUASH THE ENDORSEMENT DATED1609.2014 ISSUED BY THE2D RESPONDENT PRODUCED AS ANNEXURE-E AS THE SAME IS ILLEGAL AND WITHOUT ...


Nov 10 2016

V. Srinivas Vs. Mysore IT Solutions Pvt. Ltd., and Others

Court: Karnataka

Decided on: Nov-10-2016

(Prayer: This petition is filed under Order 47 Rule 1 of CPC, Praying to review the Order dated 26/11/2012 passed in W.A.No.1495/2008, on the file of the Hon ble High Court of Karnataka, Bangalore.) 1. As in all petitions, review is sought against the common order passed by this Court, they are being considered simultaneously. 2. All petitions are directed against the common order dated 26.11.2012 passed by the Division Bench of this Court in W.A.No.1495/2008 and allied matters (hereinafter referred to as the Common Order ) whereby for the reasons recorded in the order, the appeals came to be allowed, the order passed by the learned Single Judge was set aside, the main writ petitions were dismissed and the impugned notification was upheld. 3. We have heard Mr. Uday Holla, learned Senior Counsel along with Sri Suraj Govinda Raj, Sri Arun Pradesh, learned counsel appearing for the petitioners and Mr. Arun Kumar K., Ms. Varuni Mohan, Sri. Dyan Chinnappa.M, Sr. Counsel, Mr. Ravi shankar R...


Nov 10 2016

Basavaraj Vs. Shivappa 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 02.07.2010 passed in R.A. no.55 of 2006 on the file of the addl. civil judge (sr. dn.) haveri, dismissing the appeal, filed against the judgement dated 10.04.2006 and the decree passed in o.s. no. 150 of 1995 on the file of the civil judge (Jr. Dn.) and Jmfc, at haveri, partly decreed the suit filed for specific performance of contract.) 1. Aggrieved by the concurrent findings recorded by both the Courts below in partly decreeing the suit of the plaintiff and directing the defendant to pay the earnest money of Rs.2,500/- at 6% per annum, the plaintiff has filed this appeal. 2. Parties are referred to as per their rank in the Trial Court. 3. The case of the plaintiff is that the suit property belongs to the defendant. On 25.06.1973 defendant executed a registered sale agreement by receiving an earnest money of Rs.2,500/- out of the total sale consideration of Rs.9,200/-. Plaintiff...


Nov 10 2016

N. Satish and Others Vs. State of Karnataka, Represented by its Princi ...

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 strike down the impugned rules notified dated 2.4.2016 issued by R-1 at Annexure-A as being Ultra Vires of the Motor Vehicles Act, 1988 and Violative of Articles 14, 19(1)(G) and 301 of the Constitution of India and etc.This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016, produced as Annexure-A.These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India PRAYING to strike down the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016, passed by R-1, notified dated 2.4.2016 produced at Annexure-A as being Ultra Vires of the Motor Vehicles Act, 1988 and Violative of Articles 14, 19(1)(G) and 301 of the Constitution of India and etc.) 1. Information Technology, and globalization have revolutionized our lives. The introduc...


Nov 10 2016

Scania Commercial Vehicles India Private Limited Vs. Government of Kar ...

Court: Karnataka

Decided on: Nov-10-2016

(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to call for the entire records pertaining to the case of the Petitioners and direct the R-3 to accept the bid of the petitioners as having been duly submitted on time and to consider the same in accordance with the terms and conditions of the tender dated 20.7.2016 vide Annex-B.) 1. The petitioner is before this Court seeking issue of mandamus to direct respondent No.3 to accept the bid of the petitioner as having been duly submitted on line and to consider the same in accordance with the terms and conditions of the tender. 2. The respondent No.3 issued the Request For Proposal (RFP) on 20.07.2016 for design, manufacture, supply and commission of AC bus as per the specifications indicated therein. The submission of bids was to be made on-line through the Karnataka Government e-procurement portal. The last date which was fixed therein was extended up to 25.08.2016 and the bids were to ...


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