Karnataka Court June 2016 Judgments
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K.V. Shivakumar and Others Vs. National Institute of Mental Health and ...
Court: Karnataka
Decided on: Jun-06-2016
(Prayer: This RFA is filed under Section 96 of CPC against the Judgment and Decree dated 24.01.2008 passed in O.S.No.9155/2004 on the file of the IX Addl. City Civil and Sessions Judge, Bangalore, CCH.No.10, partly decreeing the suit for declaration and possession.) N. Kumar, J. 1. This Regular First Appeal is preferred by defendant Nos.22 to 24, 26, 27, 30 to 39 challenging the judgment and decree passed by the trial Court on 24.01.2008 in O.S. No.9155/2004, decreeing the suit of the plaintiff, declaring that the plaintiff is the absolute owner of the B schedule property and directing defendant Nos.22 to 39 to deliver the possession of the suit schedule property to the plaintiff. 2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit. 3. The subject matter of the suit is part and parcel of the land with power house, generator room and watchman shed in Sy.Nos.2/2, 2/3, 2/4 and 2/5 forming composite blocks measuring 1 acre 25 guntas, ...
C.S. Chandra Shekar Vs. C.S. Amaravathi and Others
Court: Karnataka
Decided on: Jun-06-2016
(Prayer: Writ Petitions are filed under Art.226 of the Constitution praying to quash the order dated 15.10.2013 annexure A by the Deputy Commissioner, etc.) 1. Petitioner is aggrieved by the endorsement/order passed by the Deputy Commissioner- Annexure A dated 15.10.2013 in exercise of powers under S.306 of the Karnataka Municipalities Act, 1964. 2. The petitioner has submitted in the writ petition that the learned Deputy Commissioner could not have postponed the decision on his appeal/representation in respect of Sy.No.11-173/1A now numbered as 2098/11-173A measuring 40 x 40 ft. to await the decision of the civil suit filed by the plaintiff petitioner numbered as OS 28/2013- Smt K V Pushpalatha and Anr Vs Smt C S Amaravathi and Ors which is pending in the court of District Judge, Chickballapur. 3. Sri G Balakrishna Shastry, learned counsel for the petitioner urged that the relief of permanent injunction claimed in the said civil suit against the defendants is in respect of other porti...
State of Karnataka, Department of Transport, M.S. Building, Bengaluru, ...
Court: Karnataka Dharwad
Decided on: Jun-06-2016
(Prayer: These Appeals are filed under Section 4 of the Karnataka High Court Act, 1961, praying to call for the records, set aside the impugned order dated 12.12.2014 passed by the learned Single Judge in W.P. Nos. 106507-106509/2014.) H.G. Ramesh, J. (Oral): 1. These appeals by the State are directed against the order dated December 12, 2014 passed by a learned single Judge of this Court in W.P. Nos. 106507-106509/2014. By the impugned order, the learned single Judge has held that the Regional Transport Authority s decision dated 13.09.2013 prohibiting grant of contract carriage permits in Gadag district to all newly registered three wheelers having a rear overhang exceeding 450 mm is illegal as the power to impose such a prohibition cannot be traced to any provision of law. 2. We asked the Additional Government Advocate appearing for the appellants to trace the power of Regional Transport Authority to impose the aforesaid prohibition to any provision of law. The AGA referred to claus...
State of Karnataka Vs. m/s.chalukya Motors Private Limited
Court: Karnataka Dharwad
Decided on: Jun-06-2016
-:1. :- W.A. NO.100401/2015 & W.A. NOS.100532-100533/2015 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE6h DAY OF JUNE2016 PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA WRIT APPEAL NO.100401/2015 & WRIT APPEAL NOS.100532-100533/2015 (MV) BETWEEN1 STATE OF KARNATAKA, DEPARTMENT OF TRANSPORT, M.S. BUILDING, BENGALURU, REPRESENTED BY ITS PRINCIPAL SECRETARY.2. THE COMMISSIONER FOR TRANSPORT, 5TH FLOOR, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU.3. THE REGIONAL TRANSPORT AUTHORITY, GADAG, REPRESENTED BY ITS SECRETARY.4. THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE RTO, GADAG.5. THE DEPUTY COMMISSIONER GADAG CUM CHAIRMAN OF ROAD TRANSPORT AUTHORITY, GADAG. APPELLANTS (BY SMT. K.VIDYAVATHI, ADDL. GOVERNMENT ADVOCATE) -:2. :- W.A. NO.100401/2015 & W.A. NOS.100532-100533/2015 AND: M/S CHALUKYA MOTORS PVT. LTD., KUSTANGI BUILDING, HUBLI ROAD, GADAG, REPRESENTED BY ITS MANAGING DIRECTOR, SRI RUDRANNA GONEPPA GULAGULI. RESPONDENT (BY MS. V.VIDYA IYE...
K v Shivakumar Vs. National Institute of Mental Health and Neuro
Court: Karnataka
Decided on: Jun-06-2016
R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6H DAY OF JUNE2016PRESENT THE HONBLE MR. JUSTICE N.KUMAR THE HONBLE MRS.JUSTICE S. SUJATHA AND R.F.A.No.337/2008 K.V.SHIVAKUMAR S/O K.VISWANATHAIAH SETTY AGE:56 YEARS R/AT NO.3, CHURCH STREET BASAVANAGUDI BANGALORE 560 004. BETWEEN :1. 2.3. M/S.ARCHANA COMPLEX SMT.S.GAYATHRI W/O K.V.SHIVAKUMAR AGE:48. YEARS R/AT NO.3, CHURCH STREET BASAVANAGUDI BANGALORE 560 004. REP. BY ITS MANAGING DIRECTOR SRI K.V.SHIVAKUMAR R/AT NO.3, CHURCH STREET BASAVANAGUDI BANGALORE 560 004. SMT.S.SUNITHA W/O B.M.SUNIL AGE: MAJOR, R/AT NO.91 RAILWAY PARALLEL ROAD KUMARA PARK WEST4 - 2 - BANGALORE 560 020. B.M.SUNIL S/O LATE B.P.MAHABALA AGE: MAJOR, R/AT NO.91 RLY PARALLEL ROAD KUMARA PARK WEST BANGALORE 560 020. B.M.SUHAS S/O LATE B.P.MAHABALA AGE: MAJOR, R/AT NO.91 RLY PARALLEL ROAD KUMARA PARK WEST BANGALORE 560 020.5. 6.7. 8.9.10. R.SHEKHAR SMT.B.M.SUVARNA W/O LATE B.P.MAHABALA AGE: MAJOR, R/AT NO.91 RLY PARALLEL ROAD KUMARA PARK WEST BANGALO...
Vayogeppa @ Shivagondappa and Others Vs. Somashekar and Another
Court: Karnataka Kalaburagi
Decided on: Jun-03-2016
(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed on I.A.No.2 and I.A.No.5 dated 24.02.2016 by the learned Principal Senior Civil Judge, Vijayapur, in R.A.No.45/2007, the certified copy is at Annexure-'F' and etc.) 1. The petitioners are aggrieved by the order dated 24.02.2016, passed by the learned Principal Senior Civil Judge, Vijayapur, whereby the learned Judge has allowed the applications filed under Order XLI Rule 27 of CPC by the respondent/plaintiff for adducing additional evidence. 2. Briefly facts of the case are that Somashekar, the respondent, had instituted a civil suit namely, O.S.No.160/1983, against Mr. Shivayogeppa for specific performance of contract dated 14.02.1980 in respect of the land bearing RS No.652/1A, admeasuring 2 acres 5 guntas, situated in the village Mahalabagayat, Vijayapur. Since Mr. Shivayogeppa, the defendant, did not appear before the learned trial court, the learned trial co...
Anantha Padmanabha Bhat Vs. Commissioner of Commercial Taxes in Karnat ...
Court: Karnataka
Decided on: Jun-03-2016
(Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India praying to quash Annexure-E the orders dated 17.10.2015 passed in proceedings for the Financial Year 2010-11 in CAS No. 204628841 and also the order vide Annexure-F dated 20.10.2015 passed in proceedings for the Financial year 2011-12 in CAS No. 281630232.) 1. The petitioner is aggrieved by the notice issued by the respondent Commissioner of Commercial Tax Officer, (Audit) 3.3, DVO-3, Bangalore, seeking to re-assess the petitioner and pass re-assessment order denying him the benefit of Composition Scheme enacted under Section 15(1) of the Karnataka Value Added Tax Act, 2003. 2. The petitioner admittedly runs a restaurant serving vegetarian food in Bangalore and opted to pay tax at the composite concessional rate of 4% under Composition Scheme as enacted under Section 15(1) of the Act with effect from 1.4.2015. The impugned re-assessment notice Annexure-A dated 15.6.2015 and consequent order passed vi...
Choudavva and Others Vs. Marappa and Others
Court: Karnataka Dharwad
Decided on: Jun-03-2016
(Prayers: This MFA is filed U/S. 30(1) of the W.C. Act, 1926, against the Judgment and Order dated 28-04-2009, passed in W.C.A/F. 33/2007, on the file of the Labour Officer and Commissioner for Workmen s Compensation, Haveri District, Haveri, partly allowing the claim petition for Compensation and Seeking Enhancement of Compensation. This MFA is filed U/S. 30(1)(A), of the Workmen Compensation Act, against the Judgment and Order dated: 28-04-2009, passed in W.C.A/F.No. 32/2007, on the file of the Labour Officer and Commissioner for Workmen s Compensation Haveri, District Haveri, awarding the Compensation of Rs. 3,76,740/- along with interest at the rate of 12% P.A. from the date of petition till its Deposit.) 1. Though these appeals are listed for admission, by consent of both the parties, it is taken up for final adjudication after hearing the both sides. 2. Insurance company has filed M.F.A. Nos. 22781/2009, 22782/2009 and 22783/2009 and on the other hand, claimants have filed M.F.A....
Sri. Anantha Padmanabha Bhat Vs. Commissioner Of
Court: Karnataka
Decided on: Jun-03-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE3D DAY OF JUNE, 2016 BEFORE THE HON'BLE DR. JUSTICE VINEET KOTHARI WRIT PETITION Nos.54356-54357/2015(T-RES) WRIT PETITION Nos.57006-57027/2015 AND BETWEEN: Sri.Anantha Padmanabha Bhat, S/o Late S.Ramachandra Bhat, Aged about 67 years, Proprietor, M/s. SLV Corner, No.79/4, Vanivilas Road, Basavanagudi, Bengaluru-560 004. PETITIONER (By Sri. D.R.Ravishankar, Advocate) AND:1. 2. Commissioner of Commercial Taxes in Karnataka Vanijya Terige Karyalaya, 1st Main, Gandhinagar, Bengaluru-560 009. Commercial Tax Officer (Audit) 3.3, DVO-3, 2nd Floor, BMTC Bus Stand, Shanthinagar, Bengaluru-560 027. (By Sri. T.K.Vedamurthy, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE226OF THE CONSTITUTIION OF INDIA PRAYING TO QUASH ANNEXURE-E THE ORDERS DATED1710.2015 PASSED IN RESPONDENTS2PROCEEDINGS FOR THE FINANCIAL YEAR201011 IN CAS NO.204628841 AND ALSO THE ORDERS VIDE ANNEXURE-F DATED2010.2015 PASSED IN PROCEEDINGS FOR THE FINANCIAL YEAR20...
Choudavva Vs. Marappa
Court: Karnataka Dharwad
Decided on: Jun-03-2016
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE03D DAY OF JUNE, 2016 BEFORE THE HONBLE MRS. JUSTICE RATHNAKALA M.F.A. No.23412/2009 C/W M.F.A.Nos.23413/2009, 23414/2009, 22781/2009, 22782/2009 & 22783/2009 (MV) IN MFA NO23412OF2009BETWEEN :1. CHOUDAVVA W/O THIRKAPPA NINGAMMANAVARA @ HONNAMMAHAVARA, AGE44YEARS, 2. MANJAPPA S/O THIRAKAPA NINGAMMANAVARA @ HONNAAMMANAVARA, AGE :24. YEARS, 3. MARIYAPPA S/O THIRAKAPA NINGAMMANAVARA @ HONNAAMMANAVARA, AGE:22. YEARS, 4. HONNAPPA S/O THIRAKAPA NINGAMMANAVARA @ HONNAAMMANAVARA, AGE:20. YEARS, 5. GANGAMALAVVA D/O THIRAKAPA NINGAMMANAVARA2@ HONNAAMMANAVARA, AGE:17. YEARS, 6. GUDAPPA S/O THIRAKAPA NINGAMMANAVARA @ HONNAAMMANAVARA, AGE:15. YEARS, 7. MARUTHI S/O THIRAKAPA NINGAMMANAVARA @ HONNAAMMANAVARA, AGE:14. YEARS, APPELLANTS NO.5 TO7ARE MINORS REP. BY APPELLANT NO.1-MOTHER ALL ARE R/AT KAJJARI, TQ: RANEBENNURA, HAVERI DIST. (BY SRI LOKESH MALAVALLI, ADV.) ..... APPELLANTS AND :1. MARAPPA S/O VENKATAPPA, AGE: MAJOR, OCC: BUSINES,...
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