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Karnataka Court April 2016 Judgments

Apr 23 2016

The New India Assurance co.ltd Vs. Durgappa

Court: Karnataka

Decided on: Apr-23-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF APRIL2016PRESENT THE HONBLE MR. JUSTICE N.K. PATIL AND THE HONBLE MRS. JUSTICE RATHNAKALA MISC. FIRST APPEAL NO.1188/2015 (MV) C/W MISC. FIRST APPEAL NO.6473/2014 (MV) MISC. FIRST APPEAL NO.5874/2014 (MV) M.F.A. NO.1188/2015 (MV) BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., NO.2-B, UNITY BUILDING ANNEXE, MISSION ROAD, BANGALORE 560 027. REPRESENTED BY ITS: THE REGIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., TP HUB NO.9, MAHALAXMI CHAMBERS, M.G.ROAD, BANGALORE 560 001. (BY SRI P.B.RAJU, ADV.) AND:1. APPELLANT DURGAPPA S/O BESTAPPA AGED28YEARS2 3.4.5. 2 R/AT C/O K.SRINIVASALU NO.2154, 8TH MAIN, 1ST STAGE, II BLOCK, HBR LAYOUT, KALYANAGARA, BANGALORE 43. PERMANENTLY RESIDING AT NO.E-38, SHANTAPUR, E-2 TO E-247, SHAPUR YADAGIRI, GULBARGA DISTRICT 585 244. S.MANJUNATH S/O SELVARAJU, MAJOR VENU SAI NILAYA II CROSS, SRINAGARA, TUMKUR 2. THE MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., 10003-E-8, RICCO INDUSTRIAL AREA...

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Apr 23 2016

Angadi Srinivas, Dead by Lrs Vs. M. Girija

Court: Karnataka

Decided on: Apr-23-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF APRIL, 2016 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.1773/2015 BETWEEN:1. ANGADI SRINIVAS DEAD BY L.Rs. 1(a) B.S. NAGARATHNAMMA W/O. ANGADI SRINIVAS, AGED66YEARS, OCC: HOUSE WIFE. 1(b) KRISHNAMURTHY S/O. ANGADI SRINIVAS, AGED ABOUT34YEARS, OCC: BUSINESS. 1(c) S. THAYAMMA W/O. RUDRAYYA, AGED ABOUT30YEARS, OCC: HOUSE WIFE. APPELLANT NOS.1(a) to (c) ARE R/O. CHANNASANDRA VILLAGE, GORAVANAHALLI POST, MADDUR TALUK, MANDYA DISTRICT -571 428. 2 1(d) S. PADMANABH S/O. ANGADI SRINIVAS, MAJOR NO.326, GAYATHRI NILAYA, 2ND MAIN, 1ST CROSS, NEW BDA LAYOUT, GIRINAGAR, BENGALURU - 560 085. ... APPELLANTS (BY SMT. ARCHANA MURTHY P., ADV.) AND: M. GIRIJA W/O. S.SUNDAR, AGED ABOUT45YEARS, HOUSE WIFE, R/O. MEGALADODDIBEEDI, MADDUR TOWN - 571 428. (BY SRI D.S. HOSMATH, ADV. ) ...RESPONDENT THIS RSA IS FILED UNDER S.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED1510.2011 PASSED IN R.A.NO.51/2008 O...

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Apr 23 2016

Siddu @ Siddeshwar S/O Bhagwanrao Mane Vs. The State Through Hulsoor p ...

Court: Karnataka Kalaburagi

Decided on: Apr-23-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE23D DAY OF APRIL, 2016 BEFORE THE HONBLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.200464/2015 BETWEEN SIDDU @ SIDDESHWAR, S/O. BHAGWANRAO MANE, AGE:20. YEARS, (IN FACT PETITIONER IS AGED18YEARS), OCC: STUDENT IN PUC II YEAR, R/O. MEHKAR, BHALKI TALUK, BIDAR DISTRICT. (PRESENTLY IN JUDICIAL CUSTODY) (BY SRI. SANJAY A. PATIL, ADVOCATE) AND ... PETITIONER THE STATE, THROUGH HULSOOR P.S., REP. BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, KALABURAGI. ... RESPONDENT (BY SRI. MAQBOOL AHMED, HCGP) THIS CRL. PETITION IS FILED U/S. 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDER2SESSIONS DATED2204.2015 PASSED BY THE PRINCIPAL DISTRICT AND (HOLDING CONCURRENT CHARGE OF ADDL. SESSIONS JUDGE, BIDAR), IN SPECIAL CASE NO.4/2015 WHILE PASSING ORDER UNDER SECTION34OF POCSO ACT. BIDAR JUDGE AT THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON1003.2016, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT ...

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Apr 22 2016

Pramada Vs. Vijaykumar

Court: Karnataka

Decided on: Apr-22-2016

(Prayer: This M.F.A. is filed under Section 19 (1) of the Family Courts Act and Section 28 of the Hindu Marriage Act, against the judgment and decree dated 13.09.2012 passed in M.C. No.665/2009 on the file of the V Additional Principal Judge, Family Court, Bangalore, allowing the petition filed U/s 13 (1) (ia) of the Hindu Marriage Act, for Divorce.) 1. The appellant/wife is aggrieved by the judgment and decree passed by the V Additional Principal Judge, Family Court, Bangalore, dated 13.9.2012 on his file in M.C.No.665/2009 whereby her marriage with the respondent/husband is dissolved by decree of divorce. 2. Succinctly stated, the respondent/husband filed a petition for divorce against the appellant herein on the ground of cruelty. His case was, the parties were married on 12.6.2006 as per Hindu rites. He is working in a private Company. He got a job to the wife at Hinduja Processing and Finishing Unit, which is the sister concern of the Company where he was working. After joining se...

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Apr 22 2016

Sharath Rukmangada and Another Vs. Cauvery Papers Limited (In Liqn), R ...

Court: Karnataka

Decided on: Apr-22-2016

(Prayer: These Company Applications are filed under Rule 6 r/w Rule 9 of the Company (Court) Rules, 1959, praying to set aside the Judgment Dated 22.12.2003 passed by the Hon'ble Debts Recovery Tribunal in O.A.No. 872/1999 at Annexure - C as non-est in the Eye of Law, and etc.) Common Order: 1. These applications are filed by the applicants under Rule 6 read with Rule 9 of the Company (Court) Rules, 1959. 2. C.A.No.54/2016 is filed by the applicants praying the Court to set-aside the judgment dated 22.12.2003 passed by the Debts Recovery Tribunal in O.A.872/1999, which is produced at Annexure-C, and also to set-aside the orders dated 27.05.2015 and 24.06.2015 passed by respondent No.2 in DCP No.3096 of O.A.No.872/1999 produced at Annexure-F, as they are non-est, illegal and arbitrary. 3. C.A.55/2016 is filed by the applicants to stay the execution/recovery proceedings in DCP No.3096 of O.A.No.872/1999 pending before the respondent No.2. 4. Looking to averments made in both these applic...

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Apr 22 2016

Veerappa and Another Vs. The District Registration Authority and Distr ...

Court: Karnataka Dharwad

Decided on: Apr-22-2016

(Prayer: These WPS are filed under Articles 226 and 227 of the Constitution of India praying to set aside the impugned order dated 19.09.2011 passed by respondent No. 1 as per Annexure-A etc.) Oral: 1. In these writ petitions, the petitioners are challenging the order dated 19 09.2011 (Annexure-A) and the notice dated 04.10.2011 (Annexure-B), whereby, the petitioners are held to be not qualified to practise medicine, and hence, their medical clinics are ordered to be closed. 2. I have heard learned counsel for the parties and perused the record. It is stated that the petitioners are qualified to practise Electro Homeopathy system of medicine, and in support thereof, learned counsel for the petitioners referred to the two certificates, both dated 12.05.2004 at Annexures-C and D, issued to the petitioners by the Directorate of Indian Systems of Medicine and Homeopathy, Bangalore, two other certificates at Annexures-E and F, a letter dated 14.02.2011 of the Deputy Secretary, Government of...

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Apr 22 2016

Surekha Deepak Shintre Vs. State of Karnataka, Bengaluru and Others

Court: Karnataka Dharwad

Decided on: Apr-22-2016

(Prayer: This W.P.(H.C.) is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of the Habeas-corpus directing the Respondents No.1 to 4 to take steps to produce DeepalShivajiShintre, Husband of Petitioner before this Hon ble court and thereafter he be set at liberty by setting aside the detention order dated 04.02.2016 bearing No.DC/POL/G-ACT/CR/03/2015-2016 by deputy Commissioner and District Magistrate Belagavi.) H.G. Ramesh, J. (Oral): 1. In this writ petition, the petitioner, who is the wife of the detenu by name Deepak ShivajiShintre (aged 44 years), is challenging the following three order of detention: (i) order dated 04.02.2016 (Annexure-A) passed by the Deputy Commissioner and District Magistrate, Belagavi, in exercise of the power under Section 3(1) and 3(2) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates A...

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Apr 22 2016

Dr. Rajeshwari Vs. The State of Karnataka By West. Police Station, Rai ...

Court: Karnataka

Decided on: Apr-22-2016

(This Criminal Petition is filed under Section 432 of Cr.P.C., praying to set aside and quash the order dated 19.08.2013 passed by Prl. II JMFC at Raichur in FIR No.669/2010. Consequently, the Hon'ble Court be pleased to quash the order confirmed by the Prl. Sessions Judge at Raichur dated 17.10.2015 in Crl.Rev. Petition No.87/2013.) ORDER The present petition is filed seeking quashing of the order passed by the JMFC-II, Raichur, in FIR No.669/2010 in taking cognizance for the offence under Section 304(A) of IPC and directing to register a Criminal Case against the petitioner and issuance of process thereon and also the order passed by the learned Sessions Judge in Criminal Revision Petition No.87/2013 dated 17.10.2015 in confirming the order passed by the learned Magistrate in FIR No.669/2010 dated 19.08.2013. 2. It is seen from the records that, one Khaja Anwaruddin has lodged a report before the West Police Station, Raichur, alleging offence under Section 304(A) of IPC on the ground...

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Apr 22 2016

S.C. Nekar Vs. The State of Karnataka, Department of Health and Family ...

Court: Karnataka Dharwad

Decided on: Apr-22-2016

(Prayer: This WP filed under Articles 226 and 227 of the Constitution of India praying to declare the proviso to Section 3 of the Karnataka Private Medical Establishment Act of 2007, vide Annexure-A as unconstitutional and quash the order dated 19.09.2011 passed by the second respondent vide Annexure-B.) Oral: 1. In this writ petition, the petitioner is challenging the notice dated 19.9.2011 (Annexure-B) issued by respondent No.3 wherein the petitioner has been held to be not qualified to practice medicine, and hence, he is directed to close his medical clinic. 2. The petitioner has also challenged the constitutional validity of the proviso to Section 3 of the Karnataka Private Medical Establishments Act, 2007. 3. This writ petition is almost similar to W.P.Nos.67132- 67133/2011 which is dismissed today by this Court. 4. Learned counsel appearing for the petitioner submitted that the proviso to Section 3 of the Karnataka Private Medical Establishments Act is unconstitutional as it is c...

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Apr 22 2016

smt.surekha Deepak Shintre Vs. State of Karnataka,

Court: Karnataka Dharwad

Decided on: Apr-22-2016

-1- W.P. (H.C.) No.100005/2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE22D DAY OF APRIL2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE G.NARENDAR W.P. (H.C.) No.100005/2016 R BETWEEN : SMT.SUREKHA DEEPAK SHINTRE AGE:38. YEARS, OCC: HOUSE WIFE, R/O. GORAKSHA MAL, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI. (BY SRI M. B. GUNDAWADE, ADVOCATE) AND :1. 2. 3.4. STATE OF KARNATAKA, BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-1. SUPERINTENDENT OF POLICE, BELAGAVI, DIST: BELAGAVI. DEPUTY SUPERINTENDENT OF POLICE GOKAK SUB-DIVISION, GOKAK, DIST: BELAGAVI. THE CIRCLE POLICE INSPECTOR, SANKESHWAR POLICE STATION, SANKESHWAR, TALUK: HUKKERI, DIST: BELAGAVI. ... PETITIONER ... RESPONDENTS (BY SRI C.S. PATIL, GOVERNMENT ADVOCATE) -2- W.P. (H.C.) No.100005/2016 THIS W.P.(H.C.) IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF THE HABEAS-CORPUS DIRECTING THE RESPO...

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