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Karnataka Court March 2016 Judgments

Mar 28 2016

The Manager Vs. Rasheed Khan

Court: Karnataka

Decided on: Mar-28-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF MARCH2016BEFORE THE HONBLE MR. JUSTICE RAM MOHAN REDDY MISCELLANEOUS FIRST APPEAL NO.4468/2012 (MV) BETWEEN THE MANAGER, NATIONAL INSURANCE CO.LTD., S.S.COMPLEX, OPP: CHURCH, B.H.ROAD, SHIMOGA, REP. BY ITS REGIONAL MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, SUBHARAM COMPLEX, 44, M.G.ROAD, BANGALORE-560001. ... APPELLANT (By SRI A.N.KRISHNA SWAMY, ADVOCATE) AND1 RASHEED KHAN, S/O AZEEZ KHAN, AGED ABOUT53YEARS, OWENR OF PLASTIC INDUSTRY, R/O OLD MANDLI, N.T.ROAD, OPP: AMRUTHA RICE MILL, SHIMOGA.2. HABIBULLA KHAN, S/O AMANULLA KHAN, AGED ABOUT25YEARS, R/O K.R.PURAM, NEAR SAKOOR GARAGE, SHIMOGA. 2 3. FAIROZ KHAN, S/O NIYAMATHULLA KHAN, MAJOR, R/O100FEET ROAD, NEW MANDLI, SHIMOGA. ... RESPONDENTS (By SRI M.RAVINDRANATH, ADV. FOR R1; V/C/O DT.14.10.2015 NOTICE TO R2 & R3 THROUGH PAPER PUBLICATION IS ACCEPTED) THIS MFA FILED U/S1731) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED1711.2011 PASSED IN MVC No.568...

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Mar 28 2016

Sri B M Upendra Kumar S/O Sri B N Manjunatha Rao Vs. State of Karnatak ...

Court: Karnataka

Decided on: Mar-28-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF MARCH, 2016 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION Nos.37347-37349 OF2009(LR-RES) BETWEEN: Shri Udaya Holla, Senior Advocate for Shri S. PETITIONER Sri. B.M.Upendra Kumar, Son of Sri. B.N.Manjunatha Rao, Aged about 40 years, Agriculturist cum Cine Artist, No.7, 1st Cross VI Block, III Stage, Banashankari, Bangalore 560 085. (By Chandrashekar, Advocate for M/s. Holla and Holla) AND:1. 2. (By Smt. B.P.Radha, Government Pleader) State of Karnataka, Represented by its Tahsildar, Bangalore South Taluk, Bangalore. The Assistant Commissioner, Bangalore South Sub Division, Bangalore. RESPONDENTS. 2 These Writ Petitions filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 26th June 2009 passed by the Assistant Commissioner, Bangalore South Sub Division, Bangalore Respondent no.2 vide Annexure-J and the judgment/order dated 3.11.2009 passed in Appeal No.640...

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Mar 24 2016

Aishwaryaheights Infra Private Limited, Bangalore Vs. The State of Kar ...

Court: Karnataka

Decided on: Mar-24-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct respondent No.2 to consider the re-modified plan submitted on 28.7.2014 in terms of the existing building bye-laws as on the date of the application vide circular dated 23.11.2009 issued by the second respondent, etc.) 1. In this case, the petitioner has sought for a writ of mandamus directing the second respondent to consider the re-modified plan submitted on 28.7.2014 in terms of the existing building bye-laws as on the date of the application vide circular at Annexure D dated 23.11.2009 within a time frame. 2. The petitioner is a Private Limited Company registered under the Companies Act, 1956 having its registered office at Bangalore. It is contended that the petitioner took up construction of ultra modern shopping mall and multiplex with an estimated cost of Rs.203.58 crores to be met through project loan of Rs.95 crores and promoters contribution of Rs.63.54 crores. Pur...

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Mar 24 2016

R. Narayanaswamy Vs. A.V. Narayana Swamy

Court: Karnataka

Decided on: Mar-24-2016

(Prayer: This RSA is filed under S.100 of CPC., against the Judgment and Decree dated 28.8.2014 passed in R.A.No.44/2013 on the file of the Senior Civil Judge and JMFC, Chinthamani, dismissing the appeal and confirming the Judgment and Decree dated 16.3.2013 passed in OS.No.218/2009 on the file of the Additional Civil Judge and JMFC, Chinthamani.) 1. This appeal is by the defendant. The plaintiff respondent sued for specific performance of an agreement to sell the suit property. Demand made in the notice to receive the balance sale consideration amount and execute the sale deed having not been complied, suit was instituted, to pass decree for specific performance of the agreement to sell dated 31.07.2007. 2. The defendant filed written statement and raised several defences. 3. The Trial Court raised the following issues for trial: 1) Whether the plaintiff proves that the defendant has executed a Registered sale agreement dated 31.07.2007 in his favour for a sum of Rs.2,00,000/- in resp...

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Mar 24 2016

B.C. Ponnappa and Another Vs. Sunitha Biddappa and Others

Court: Karnataka

Decided on: Mar-24-2016

(Prayer: This RSA is filed u/s. 100 of CPC against the Judgment and Decree dtd 9.3.2012 passed in R.A.No.51/2008 on the file of Senior Civil Judge, Madikeri, dismissing the appeal and confirming the judgment and decree dtd 19.7.2008 passed in OS No.171/2000 on the file of Additional Civil Judge (Jr. Dn.), Madikeri.) 1. This appeal is directed against the judgment and decree dated 9.3.2012 in R.A.No.51/2008 on the file of Senior Civil Judge at Madikeri, dismissing the appeal while confirming the judgment and decree dated 19.7.2008 in O.S.No.171/2000 on the file of Addl. Civil Judge(Jr.Dn.) at Madikeri. The parties are referred to their respective ranks before the trial court. The appellants are referred as plaintiffs and the respondents as defendants during the course of the judgment. 2. The brief facts which gave rise to this appeal are as under:- One P.M. Muthanna was the original owner of the schedule property measuring 5.50 acres out of 19.33 acres in Sy.No.73/1 of Badaga village in...

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Mar 24 2016

United Precision Engineers Pvt. Ltd., Vs. Kiocl Ltd.

Court: Karnataka

Decided on: Mar-24-2016

(Prayer: W.P.No. 16693/2014 is filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the order dated 10.03.2014 passed by the VI Additional Civil and Session Judge, Bangalore in A.C.No. 2/2007 vide Ann-A and direct the lower court to send the impounded document to the Deputy Commissioner under Section 37(2) for further action in accordance with Law and call for records in A.C. 2007 pending on the files of VI Additional City Civil and Sessions Judge, Bangalore.W.P.No. 16694/2014 is filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the order dated 01.02.2014 passed by the VI Additional Civil and Session Judge, Bangalore in A.C. No. 2/2007 vide Ann-A and call for records in A.C. 2007 pending on the files of VI Additional City Civil and Sessions Judge, Bangalore.) 1. The petitioner is the same in both these petitions and the impugned orders also arise out of the same proceedings. In W.P.No. 16694/2014 the order dated 01.02...

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Mar 24 2016

M/s. Emta Coal Limited, Through its Constituted Attorney C.P. Somnath ...

Court: Karnataka

Decided on: Mar-24-2016

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the letter Dated 31.7.2014 (Annexure-A) and letter Dated 24.12.2014 (Annexure-B) as being Illegal, Baseless and Arbitrary and etc. These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the letter Dated 23.11.2013 (Annexure-A) and letter Dated 29.1.2014 (annexure-B) issued by the Respondent to the Petitioner No.1 notifying the deduction of a sum of Rs.90/MT on all bills payable as being Illegal, Arbitrary and non-est and etc) 1. Writ Petition Nos.2995 to 2996 of 2016 and Writ Petition Nos.2997 to 2998 of 2016 are taken up for consideration together as similar questions of facts and law are involved in both the matters. 2. By filing these writ petitions, the writ petitioners challenge the adverse decisions against them by the Karnataka Power Corporation Limited ('KPCL' in short) concerning procurement of coal for the thermal po...

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Mar 24 2016

Dr. D. Chandrashekar Vs. State of Karnataka, rep. by the Principal Sec ...

Court: Karnataka

Decided on: Mar-24-2016

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 23.06.2015 passed by the Hon ble Administrative Court in Application No.4627/2013 vide Annexure G and quash the order dated 20.7.2013 vide Annexure A3 passed by the respondent as the same is illegal, arbitrary and contrary to Rule 8, 9[2] [bb] and [f], 12A, 14, 15[2B] and [3], 28C of CCA rules r/w Karnataka Government [Transaction of Business] Rules 1977 and without the authority of law and etc.) Jayant Patel, J. 1. The present petition is directed against order dated 23.06.2015 passed by the Karnataka Administrative Tribunal (hereinafter referred to as the Tribunal for short), whereby for the reasons recorded in the order, the application has been dismissed. 2. We have heard Mr.Ashok Haranahalli, learned Senior Counsel appearing with Mr.P.N.Nanja Reddy, for the petitioner. 3. The first contention raised by the learned Counsel for the petitioner was that the Tri...

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Mar 24 2016

M/S Emta Coal Limited Vs. M/S Karnataka Power Corporation Limited

Court: Karnataka

Decided on: Mar-24-2016

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE24H DAY OF MARCH2016THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE PRESENT R AND THE HON'BLE MR.JUSTICE RAVI MALIMATH WRIT PETITION Nos.2995 to 2996 of 2016 (GM-MMS) WRIT PETITION Nos.2997 to 2998 of 2016 (GM-MMS) c/w In WRIT PETITION Nos.2995-2996 of 2016 BETWEEN1 M/S. EMTA COAL LIMITED5, NANDALAL BASU SARANI KOLKATA - 700 071 THROUGH ITS CONSTITUTED ATTORNEY MR. C.P. SOMNATH PANTH.2. M/S. KARNATAKA EMTA COAL MINES LIMITED A PUBLIC LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT FLAT No.104, MARIELLE APARTMENTS, NO.3, MAGRATH ROAD BENGALURU - 560 025 REPRESENTED BY ITS MANAGING DIRECTOR MR. UJJAL KUMAR UPADHAYA. (BY SRI SAJAN POOVAYYA, SR. ADVOCATE FOR MiSS NALINA MAYEGOWDA, ADVOCATE FOR M/S. POOVAYYA & COMPANY) AND M/S. KARNATAKA POWER CORPORATION LIMITED A PUBLIC LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT SHAKTHI BHAVAN No.82, RACE COURSE ROAD BENGALURU - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR (BY SRI A...

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Mar 24 2016

Sri R Narayanaswamy Vs. Sri a v Narayana Swamy

Court: Karnataka

Decided on: Mar-24-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE24H DAY OF MARCH, 2016 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.1886/2014 BETWEEN: SRI R. NARAYANASWAMY S/O ALAVATHA RAMAPPA, AGED ABOUT42YEARS, R/AT ANOORU VILLAGE, KASABA HOBLI, CHINTHAMANI TALUK, CHICKBALLAPURA DISTRICT 563 125. (BY SRI K.S. NARAYANASWAMY, ADV.) AND: SRI A.V. NARAYANA SWAMY S/O LATE VENKATAPPA, AGED ABOUT60YEARS, R/AT ANOORU VILLAGE, KASABA HOBLI, CHINTHAMANI TALUK, CHICKBALLAPURA DISTRICT 563 125. (BY SRI RAGHUNATH, ADV.) ... APPELLANT ... RESPONDENT2THIS RSA IS FILED UNDER S.100 OF CPC., AGAINST THE IN JUDGEMENT & DECREE DATED288.2014 PASSED R.A.NO.44/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, CHINTHAMANI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED163.2013 PASSED IN OS.NO.218/2009 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE & JMFC, CHINTHAMANI. COURT DELIVERED THE FOLLOWING: THIS RSA COMING ON FOR ADMISSION THIS DAY, THE JUDGMENT This ap...

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