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Karnataka Court December 2016 Judgments

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Dec 02 2016

Vaijanath and Ors Vs. Shankramma W/O Mahadappa Kaji & Ors

Court: Karnataka Kalaburagi

Decided on: Dec-02-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE2D DAY OF DECEMBER, 2016 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA MISCELLANEOUS SECOND APPEAL NO.825/2012 BETWEEN:1. 2.3. VAIJINATH S/O NAGSHETTY KAJI AGE:68. YEARS SHIVASHARANAPPA S/O NAGSHETTY KAJI AGE:73. YEARS REVANAPPA S/O NAGSHETTY KAJI AGE:78. YEARS ALL ARE R/O JANGALKOI VILLAGE TQ. AND DIST. BIDAR- 585 401 APPELLANTS (BY SRI SACHIN M. MAHAJAN, ADV.) AND:1. I) II) SHANKRAMMA W/O MAHADAPPA KAJI SINCE DECEASED BY LRS SHOBHA W/O BASAVARAJ AGE:50. YEARS SUGGAL DEVI W/O BABURAO AGE:46. YEARS2III) VIJAYALAXMI W/O SHIVASHARANAPPA AGE:43. YEARS IV) PADMAVATI W/O CHANDRAKANT AGE:40. YEARS V) SUNITA W/O BASAVRAJ AGE:38. YEARS VI) ANITA D/O MAHADAPPA KAJI AGE:32. YEARS2 JAGADISH S/O MAHADAPPA KAJI AGE:56. YEARS ALL ARE R/O JANGALKOL VILLAGE TQ. AND DIST. BIDAR- 585 401 RESPONDENTS (BY SRI M. ASHOK KUMAR, ADV. FOR R1 (I - IV) & R2) THIS MSA FILED U/O. 43 RULE (1)(u) R/W SEC. 154 OF CPC, AGAINST THE JUDGMENT ...


Dec 02 2016

Karnataka Power Transmission Corporation Ltd. Vs. M. Rajashekar

Court: Karnataka

Decided on: Dec-02-2016

MFA No.6526/2013 -1- IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE2D DAY OF DECEMBER2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE JOHN MICHAEL CUNHA MISCELLANEOUS FIRST APPEAL NO.6526/2013 (LAC) R BETWEEN: KARNATAKA POWER TRANSMISSION CORPORATION LTD. REPRESENTED BY EXECUTIVE ENGINEER (ELEC) TL & SS DIVISION, KPTCL MYSORE 570 021 ...APPELLANT M.RAJASHEKAR S/O M.C.MADAPPA R/AT NISARGA, 85TH K.M KANAKAPURA, MYSORE ROAD T.K.HALLI, HALAGURU HOBLI MALAVALLI TALUK MANDYA DISTRICT 571 401 (BY SRI AJITH ANAND SHETTY, ADVOCATE) AND:1. 2. 3. H.M.RAVISHANKAR S/O H.B.BASAVANNA R/AT MUTT ROAD HALAGUR, MALAVALLI TALUK MANDYA DISTRICT 571 401 H.M.MAHESH S/O LATE H.M.MALLIKARJUNAPPA R/AT MUTT ROAD, HALAGURU MFA No.6526/2013 -2- MALAVALLI TALUK MANDYA DISTRICT 571 401 THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER MYSORE SUB DIVISION MYSORE 570 021 4. (BY SRI C.M.JAGADEESH & SRI VEERABHADRA SWAMY, ADVOCATES FOR R1 TO R3; R4 IS SERVED & UNREPRESENTED...


Dec 01 2016

The Government of Karnataka represented by Deputy Commissioner and Oth ...

Court: Karnataka

Decided on: Dec-01-2016

(Prayer: This Regular Second Appeal is filed under Section 100 of CPC, against the judgment and decree dated 15.07.2013 passed in R.A.No.22/2009 on the file of the Senior Civil Judge and J.M.F.C. at Muddebihal, dismissing the appeal and confirming the judgment and decree dated 29.11.2008 passed in O.S.No.277/2001 on the file of the Civil Judge (Jr.Dn) at Muddebihal.) 1. The appellants are before this court assailing the concurrent judgments passed by the courts below. The suit of the plaintiff in O.S.No.277/2001 was partly allowed by the trial court through its judgment dated 29.11.2008 granting the monitory relief as against the relief of injunction that had been prayed in the suit. The defendants claiming to be aggrieved by the said order were before the lower appellate court in R.A.No.22/2009. The lower appellate court through its judgment dated 15.07.2013, on taking note of the conclusion reached by the trial court and on re-appreciating the material available before it, has concur...


Dec 01 2016

Nagaraju Vs. P.M. Yogesh and Another

Court: Karnataka

Decided on: Dec-01-2016

(Prayer: This MFA is filed u/s 173(1) of MV act against the judgment and award dated: 02.08.2010 passed in MVC No.2106/2009 on the file of the xi additional judge, member mact, court of small causes, bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. The claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 02-08-2010 made in MVC No.2106/2008 passed by the Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as the Tribunal for short) filed this appeal seeking enhancement of compensation. 2. The appellant herein filed a claim petition contending that on 21-12-2008 at about 9.45 p.m., while he was crossing the road on Bettahalasuru cross junction on NH-7, a motorcycle bearing Registration No.KA-53/J-0725 ridden by its rider in a rash and negligent manner dashed against the claimant. Due to that, he fell down and sustained grievous injuries all over the body. Immediat...


Dec 01 2016

Shamim Bano and Another Vs. Santosh and Others

Court: Karnataka Dharwad

Decided on: Dec-01-2016

(Prayer: This appeal is filled under Section 173(1) of the MV Act, 1988, against the judgment and award dated 25.03.2013, passed in MVC.No.1630/2011, on the file of II Addl. District Judge, Belgaum, partly allowing the claim petition for compensation and seeing enhancement of compensation.) S. Raghvendra Chauhan, J. 1. Aggrieved by the compensation awarded by the learned II Addl. District Judge, Belgaum, dated 25.03.2013, passed in MVC.No.1630/2011, and hoping for enhancement of the compensation, the appellants have approached this Court. By the impugned award, the learned Tribunal has granted a compensation of Rs.5,33,000/- along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 2. Briefly the facts of the case are that on 14.02.2011, Adil, son of the appellants, was riding a motorcycle and proceeding from Narayan Wadi, Taluk Karhad. At about 10.30 p.m., near Mohite colony on Wattar Retre Budruk, within the limits of Retre, a truck dumper, be...


Dec 01 2016

A.V. Shakuntala Vs. The Union of India, Represented by its Union Secre ...

Court: Karnataka

Decided on: Dec-01-2016

(Prayer: These Petitions are filed under Articles 226 and 227 F the Constitution of India, praying to quash the provision of Rule-8(1)(a) of the Minerals (other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016, to the extent of "not specified in the First Schedule to the Act" which is inconsistent to the amended provision of Sec.10A-(2)(C) of the Amendment Act of 2015 to the Mines and Minerals (Development and Regulation) Act, 1957, the extract of the said provision is produced as Annexure-AH, and etc. This Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to comply with Section 10A(2)(C) of the Mines and Minerals (Development and Regulation) Act 1957 and grant the mining lease over 35 Hectares in Sy no 166 at Aihole Village, Hungund Taluk, Bagalkot District for iron ore to the Petitioner, and etc This Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ in the ...


Dec 01 2016

Shamanna Vs. The State of Karnataka, by its Principal Secretary and Ot ...

Court: Karnataka

Decided on: Dec-01-2016

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying to review the order dated 22.04.2009 passed by this Court in W.P.No. 5702/2009 and to restore the W.P. No. 5702/2009, to quash the order dated 20.11.2010 passed by the respondent no.2, vide annexure-x, to quash the order passed by the respondent no.4 dated 14.12.2010 vide annexure-z and to direct the respondents 2 to 4 to restore the survey number of the land of the petitioner and respondent -6 bearing survey no. 180 of Beerasandra village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District.) 1. The Petitioner, who was not a party to the writ petition, has preferred the present writ petition, seeking to review the order dated 22.04.2009 passed by this Court in W.P.No. 5702/2009 (KLR-RES). Further, he is seeking for writ of certiorari to quash the order dated 20.11.2010 passed by the 2nd respondent the Deputy Commissioner, Bengaluru Rural District in case No. Tah.Ha.Deve.High Court. Nya.N...


Dec 01 2016

State of Karnataka, Represented by Circle Inspector Vs. Sangappa

Court: Karnataka Dharwad

Decided on: Dec-01-2016

(Prayer: This Criminal Appeal is filed under Section 378(3) of Code of Criminal Procedure seeking to set aside the Judgment and Order of acquittal Dated 31.12.2011 in S.C. No.5 of 2011 passed by the Sessions Judge, Bagalkot and further pleased to convict the accused for the offence punishable under Section 302 of Indian Penal Code.) Ravi Malimath, J. 1. The case of the prosecution in brief is as follows: P.W.1 is the complainant. He is residing along with his wife and children. The deceased is his daughter. The marriage of his daughter namely the deceased was performed with the accused about one year prior to the incident. About two months prior to the incident, the deceased came to his house and disclosed that her husband had assaulted her. That he was causing physical and mental torture on her. Therefore, she refused to go back to her husband s house. The complainant and others persuaded her to go to her husband s house. She declined to do so. On the previous day of the incident, the...


Dec 01 2016

Gurunathappa S/O Gurusangappa Angadi Vs. Subhash S/O Gurulingappagouda ...

Court: Karnataka Kalaburagi

Decided on: Dec-01-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE1T DAY OF DECEMBER, 2016 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.205848/2016 (GM-CPC) BETWEEN: GURUNATHAPPA S/O GURUSANGAPPA ANGADID AGE:58. YEARS, OCC: AGRICULTURE R/O AT POST KANAKAL TQ. B. BAGEWADI DIST. VIJAYAPOUR- 586 102 (BY SRI BAPUGOUDA SIDDAPPA, ADV.) PETITIONER AND: SUBHASH S/O GURULINGAPPAGOUDA BIRADAR AGE:52. YEARS, OCC: AGRICULTURE R/O B. BAGEWADI, TQ. B. BAGEWADI DIST. VIJAYPURA- 586 203 RESPONDENT THIS PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE VIDE AT ANNEXURE G ORDER ON I.A NO.II DATED2408.2016 PASSED ON O.S. NO.67/2013 ON THE FILE OF THE COURT OF CIVIL JDUGE MUDDEBIHAL AT MUDDEBIHAL. 2 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The respondent, as plaintiff, instituted O.S.67/2013 against the petitioner / defendant, in the Court o...


Dec 01 2016

Smt a v Shakuntala Vs. The Union of India

Court: Karnataka

Decided on: Dec-01-2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 1st day of December, 2016 R PRESENT: THE HONBLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HONBLE MR JUSTICE BUDIHAL R B Writ Petition Nos 36461-36463 of 2016 (GM-MM-S) Writ Petition No 42947 of 2016 (GM-MM-S) & & Writ Petition No 53285 of 2016 (GM-FOR) In Writ Petition Nos. 36461-36463 of 2016: BETWEEN: SMT A V SHAKUNTALA W/O VRUSHABHENDRA A H AGED ABOUT62YEARS OCC: BUSINESS R/O NEW NO68(OLD NO301B), #35 10TH MAIN ROAD, 36TH CROSS5H BLOCK, JAYANAGAR BANGALORE-560041 ... PETITIONER [By Sri Sajan Poovayya, Senior Advocate a/w Sri Gururaj Joshi, Advocate]. AND:1. THE UNION OF INDIA MINISTRY OF MINES REPRESENTED BY ITS2 3. 2 UNION SECRETARY TO MINES SHASTRI BHAVAN RAJENDRA PRASAD ROAD NEW DELHI-110001 THE STATE OF KARNATAKA REPRESENTED BY ITS PRI. SECRETARY COMMERCE AND INDUSTRIES DEPT. (MSME AND MINES) GOVERNMENT OF KARNATAKA VIKAS SOUDHA DR AMBEDKAR VEEDHI BANGALORE-560001 THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY KHANIJA...


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