Karnataka Court April 2016 Judgments
K.S. Sowmya Vs. M.L. Chandrashekar
Court: Karnataka
Decided on: Apr-26-2016
(Prayer: This Misc. First Appeal is filed under Section 28 of Hindu Marriage Act, 1955, against the Judgment and Decree Dated 4.9.2014 passed in M.C. No.26/2009 on the file of the Principal Senior Civil Judge, Mandya, allowing the Petition filed under Section 13 (1) (ia) (ib) of Hindu Marriage Act. 1. The appellant is aggrieved by the decree of divorce granted by Prl. Senior Civil Judge, Mandya on his file in MC No.26/2009, whereby her marriage with the respondent/husband is dissolved. 2. Briefly stated, the husband filed a petition under Section 13(1) (ia) (ib) of the Hindu Marriage Act (for short, 'the Act'), for divorce on the ground of cruelty and desertion. His case was, the parties were married on 22.02.2004 at Maddur, as per custom prevailing in their Vokkaliga Community. The marriage was consummated and a male child was born from the wedlock which died immediately after two days of birth. The husband is not a Graduate and wife is a Post-graduate. Taking this aspect of the matte...
Tag this Judgment!Justice Subhash B. Adi Vs. The Secretary, Karnataka Legislative Assemb ...
Court: Karnataka
Decided on: Apr-26-2016
(Prayer: These writ appeals are filed under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in W.P. No. 58103/2015 dated 2.3.2016.) 1. These writ appeals are preferred against the order passed by the learned Single Judge on 2nd of March, 2016 in W.P.No.58103/2015 dismissing the writ petition preferred by the appellant as not maintainable and consequently dismissing five interlocutory applications which were listed before him on that day. 2. The appellant is presently the incumbent Upa-Lokayukta in the State of Karnataka. His case is after a span of over 20 years of law practice, he was appointed as a Judge of the Karnataka High Court in the year 2006. He was appointed as Upa-Lokayukta in the year 2013 under the provisions of the Karnataka Lokayukta Act, 1984 (for short hereinafter referred as the Act ) and he continues to hold the said office since then. 3. It is his further case that a notice of motion signed by 78 members of the Karnataka Legislative ...
Tag this Judgment!Karnataka Industrial Areas Development Board, A Government of Karnatak ...
Court: Karnataka
Decided on: Apr-26-2016
(Prayer: This RFA filed under Sec. 96 r/w. Order 41 Rule 1 of CPC., against the judgment and decree dtd: 12.12.2012 passed in O.S. No. 88/2010 on the file of the Principal Senior Civil Judge and CJM, Dharwad, decreeing the suit filed for declaration, permanent injunction and mandatory injunction.) 1. This appeal by the defendants, a State owned, Industrial Area Development Board, is directed against the judgment and decree dated 12.12.2012, in O.S. No. 88/2010, on the file of Principal Senior Civil Judge and CJM, Dharwad decreeing the suit. 2. Heard Shri Basavaraj V. Sabarad with Smt. Sharmila M. Patil, learned Counsel for the appellants and Shri Udaya Holla, learned Senior Counsel for Shri B.D. Hedge, advocate for respondent No.2. 3. Plaintiffs-Respondents brought the instant suit against the Defendants-Appellants for a judgment and decree: i) to declare that the letter No. IADB/14573/15127/06-07 dated 5.3.2007, issued on 15.3.2007 by the second appellant as non-est and invalid in law...
Tag this Judgment!B.V. Premkumar Vs. State of Karnataka, by Karnataka Lok Ayuktha Police ...
Court: Karnataka
Decided on: Apr-26-2016
(Prayer: This criminal petition is filed under section 482 Cr.P.C. praying to quash the order dt.5.8.2014 passed by the learned II Addl. Dist. and S.J., Tumakuru in Spl.C.C. No. 396/2014 (Cr.No.9/2013) thereby taking cognizance against the petitioner and ordering to register a case and issuance of summons, without mentioning the offence u/s.7, 13(l)(d) r/w. sec.13(2) of PC Act, 1988.) The petitioner has filed this petition praying to quash the order dated 5.8.2014 passed by the learned II Addl. District and Sessions Judge, Tumakuru, in Spl.C.C.No.396/2014 taking cognizance and directing to register a case and issue summons to the petitioner. 2. Briefly stated the facts are: On 31.7.2013, the complainant i.e., the second respondent along with one R.Laksmikanth has approached the Police Inspector Karnataka Lokayuktha Police, Tumakuru, regarding demanding of illegal gratification by the petitioner. On that day, the Inspector of Police has handed over voice recorder to the complainant i.e....
Tag this Judgment!Karnataka Industrial Areas Development Board Vs. M/S Navodaya Industri ...
Court: Karnataka Dharwad
Decided on: Apr-26-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE26h DAY OF APRIL2016PRESENT THE HONBLE MR.JUSTICE H.BILLAPPA AND R THE HONBLE MR.JUSTICE P.S.DINESH KUMAR R.F.A.NO.4166/2013 (DEC/INJ) BETWEEN1 2.3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD A GOVERNMENT OF KARNATAKA UNDERTAKING BY ITS EX-OFFICIO CHAIRMAN, VIKAS SOUDHA, Dr. AMBEDKAR VEEDHI, BANGALORE-560 001 THE CHIEF EXECUTIVE OFFICER AND CHIEF EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD143, 2ND FLOOR, RASHTROTTHANA PARISHATH BUILDINGS, NRUPATHUNGA ROAD, BANGALORE-560 002 THE DEVELOPMENT OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, ZONAL OFFICE, LAKKAMANHALLY INDUSTRIAL AREA, DHARWAD-580 004 ... APPELLANTS (BY SMT. SHARMILA M. PATIL & SRI BASAVARAJ V. SABARAD, ADVS.,) :2. : AND1 M/S NAVODAYA INDUSTRIAL AND HOUSING DEVELOPERS A PARTNERSHIP FIRM, STALL NO.2, STATION ROAD, DHARWAD-580 001 R/BY ITS PARTNER C.B.YALIGAR2 CHANNABASAPPA S/O BASAVANNEPPA YALIGAR AGED76YEARS, OCC: BUSINESS, R/O.NO.34,...
Tag this Judgment!Smt K S Sowmya Vs. Sri M L Chandrashekar
Court: Karnataka
Decided on: Apr-26-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF APRIL2016PRESENT THE HONBLE MR.JUSTICE N.K. PATIL AND THE HONBLE MRS.JUSTICE RATHNAKALA M.F.A. No.7100 OF2014MC) APPELLANT BETWEEN: SMT. K.S.SOWMYA AGED ABOUT36YEARS W/O CHANDRASHEKAR D/O SRI SUDHESHKUMAR KADALUR VILLAGE MANDYA TALUK MANDYA 571 433. (BY SRI K.J.KAMATH FOR M/S KAMATH AND KAMATH) AND: SRI M.L.CHANDRASHEKAR AGED ABOUT46YEARS S/O T.L.LINGEGOWDA THAVREGERE, GUTHALU COLONY POST MANDYA 571 401. (BY SRI N.S.SANJAY GOWDA, ADV.) THIS MISC. FIRST APPEAL IS FILED UNDER SECTION28OF HINDU MARRIAGE ACT, 1955, AGAINST THE JUDGMENT AND DECREE DATED49.2014 PASSED IN M.C. NO.26/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MANDYA, ALLOWING THE PETITION FILED UNDER SECTION13(1) (ia) (ib) OF HINDU MARRIAGE ACT. RESPONDENT2THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR1304/2016 AND COMING ON FOR JUDGMENT ON PRONOUNCEMENT OF JUDGMENT THIS DAY, RATHNAKALA J., DELIVERED THE FOLLOWING:- JUDGMENT The appellant is a...
Tag this Judgment!Justice Subhash B Adi Vs. The Secretary
Court: Karnataka
Decided on: Apr-26-2016
R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF APRIL2016PRESENT THE HONBLE MR. JUSTICE N.KUMAR AND THE HONBLE MR. JUSTICE B.VEERAPPA WRIT APPEAL Nos.599 600/2016 (GMRES) BETWEEN : Justice Subhash B. Adi, S/o Late Shri Bashetty Adi, Age 64 years, R/at:94. A, 9th Cross, 10th Main, R.M.V.Extension, Sadashivanagar, Bangalore-560 080. ...APPELLANT (By Sri B.V.Acharya, Senior Counsel, a/w Sri Ashok B Patil, Adv.) AND :1. 2. The Secretary, Karnataka Legislative Assembly, Vidhana Soudha, Bangalore 560 233. The State of Karnataka, Represented by its Secretary, Department of Public Administrative 2 Reforms, Vidhana Soudha, Bangalore 560 233. RESPONDENTS (By Sri Madhusudhan R Naik, Advocate General, a/w Sri D.Nagaraj, AGA) . . . . These writ appeals are filed under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in W.P. No.58103/2015 dated 2.3.2016. this day, N.Kumar J., delivered the following: These writ appeals coming on for prelimina...
Tag this Judgment!Yohanan Bamnolkar and Another Vs. The State of Karnataka and Another
Court: Karnataka
Decided on: Apr-25-2016
(Prayer: This Criminal Petition is filed U/s.482 Cr.P.C praying to quash the entire proceedings in Cr.No.195/2015 on the file of the Additional Civil Judge and JMFC, Devanahalli and direct the Respondent No.1 Police to return the petitioner passport. 1. The petitioner who is accused in crime No.195/2015 of Bengaluru International Airport Police Station has filed this petition praying to quash the proceedings in Crime No.195/2015 of Bengaluru International Airport Police Station. 2. On 21.12.2015, the petitioner and his wife were travelling from Bengaluru to Mumbai. They came to Kempe Gowda International Air Port, Bengaluru to board the flight at about 4.00 p.m. At that time, the 2nd respondent found four live bullets in the makeup pouch/bag of the petitioner s wife. The 2nd respondent lodged a complaint with the Bengaluru International Airport Police Station. A case in Crime No.195/2015 has been registered against the petitioner for the offence punishable under Section 25(1B)(a)(b) of ...
Tag this Judgment!N. Vijendra Rao Vs. Vasudeva Pal and Others
Court: Karnataka
Decided on: Apr-25-2016
(Prayer: RSA Filed u/s 100 CPC against the Judgment and Decree Dated: 21.4.2006 passed in RA.No 692/2004 (RA.No.138/1999) on the file of the Presiding Officer and District and Sessions Judge, Fast Track Court-I, D.K., Mangalore, allowing the appeal and setting aside the Judgment and Decree Dated: 16.9.1999 passed in OS.No. 276/1994 on the file of the Prl.Civil Judge (JR.DN.), Mangalore, D.K.) 1. This appeal filed under Section 100, C.P.C. is directed against the divergent judgment passed in a regular appeal in RA.138/99 which was pending on the file of Senior Civil Judge at Mangaluru, Dakshina Kannada District. 2. The appellant herein is the sole plaintiff of an original suit in O.S.276/94. Respondents herein are the defendants in the said suit. Parties will be referred to as plaintiff and defendants 1 to 4 as per their ranking before the trial court. Defendants 2 to 4 are the sons of the 1st defendant. 3. A suit had been filed for the reliefs of declaration that the plaintiff has abso...
Tag this Judgment!Rosaline Siromani and Others Vs. Fathima Bi and Others
Court: Karnataka
Decided on: Apr-25-2016
S.N. Satyanarayana, J. 1. Defendants 4, 6, 22, 41, 42, 44, 45, 48, 50, 54 to 58 in OS. No. 10469/1988 on the file of XXVIII Additional City; Civil Judge, Bengaluru, have come up in this revision petition impugning the order dated 4.3.2015 in rejecting the un-numbered application filed under Order 7, Rule 11 (b) of CPC filed on 6.1.2015. 2. Admittedly, the suit in OS. No. 10469/1988 was initially filed for the relief of permanent injunction. It is stated that said suit was subsequently converted from a suit for permanent injunction to that of declaration of title and other consequential relief. The property involved is said to be converted land, wherein constructions have come up. In that view of the matter, the defendants have taken a specific defence in the written statement at the first instance that the suit is not properly valued. That the suit which was instituted for the relief of permanent injunction on payment of Court fee of Rs. 100/- cannot be continued with the same and in v...
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