Karnataka Court July 2016 Judgments
Smt Ayesha Begum Vs. Saradarulla Khan
Court: Karnataka
Decided on: Jul-28-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL M.F.A.No.9119/2008 BETWEEN:1. 2. SMT.AYESHA BEGUM, W/O LATE RAHAMATHULLA, AGED ABOUT32YEARS, SULTHANA BEGUM D/O LATE RAHAMATHULLA, AGED ABOUT11YEARS, MINOR, REP BY HER MOTHER-CUM- NATURAL GUARDIAN- APPELLATE NO.1, BOTH ARE R/AT DEVARAPALLI VILLAGE, BETHAMANGALA POST, BANGARPET TALUK, KOLAR DISTRICT. ... APPELLANTS (By Smt. SUGUNA R.REDDY, ADV.) AND:1. SARADARULLA KHAN, S/O ZAILABUDDIN KHAN, MAJOR IN AGE, R/AT KEELUKOTE LAYOUT EXTENSION, KOLAR CITY. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., BAGLUR MANSION, BIG BAZAAR, KOLAR CITY. GULNAZ, W/O RAHAMATHULLA, AGED ABOUT27YEARS, 2.3. 4.5. 2 TASMIYA, D/O RAHAMATHULLA, AGED ABOUT9YEARS, JULEKHA BEE, D/O LATE SABULAL, AGED ABOUT67YEARS RESPS.3 TO5ARE R/AT NEW TOWN, BETHAMANGALA, KOLAR DIST. ... RESPONDENTS (By Sri D.VIJAY KUMAR, ADV. FOR R2; R3, 4 & 5 SERVED & UNREPRESENTED; NOTICE TO R1- HELD SUFFICIENT) THIS MF...
Tag this Judgment!The Workman of Mandya, National Paper Mills and Others Vs. The Union o ...
Court: Karnataka
Decided on: Jul-27-2016
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the reply dt.5.2.2007 marked at Annex-E as the same is arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution and etc.) 1. All the petitioners were employees of Mandya National Paper Mills (for short MNPM ). It was a company incorporated under the provisions of the Companies Act. It suffered huge loss. In order to extend certain benefits to employees working therein, Central Government issued official memorandum dated 05.05.2000 vide Annexure-B. This was a voluntary retirement scheme applicable to all sick units. The said scheme was by way of an amendment to the earlier scheme dated 05.10.1988. The Government had kept in mind interest of both employees and the need to enable public sector enterprises to rationalize their surplus manpower. 2. Relevant clause in the said scheme (Annexure-B) for the purpose of this case is clause (5). It states that for...
Tag this Judgment!The Workman of Mandya National Paper Mills Vs. The Union of India
Court: Karnataka
Decided on: Jul-27-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE27H DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.No.15448/2008 (S-R) & W.P.Nos.16153-59/2008 (S-R) BETWEEN1 THE WORKMAN OF MANDYA NATIONAL PAPER MILLS, REP BY THE SECRETARY OF NATIONAL PAPER MILLS WORKMEN UNION, ASHOKPURAM, MYSORE.2. M/s MANDYA NATIONAL PAPER MILLS OFFICERS GUILD, REP BY ITS GENERAL SECRETARY, NO.22, 3RD MAIN, YADAVAGIRI, MYSORE570020.3. M/s MANDYA NATIONAL PAPER MILLS STAFF UNION, REP BY ITS SECRETARY, NO.576, MIG-I, HUDCO, HEBBAL III STAGE, METAGALLI POST, MYSORE570016.4. Mr. PRAKSH S/O N.K.HANUMANTHEGOWDA AGED ABOUT49YEARS, NO.22, 3RD MAIN, YADAVAGIRI MYSORE570020.5. Mr. P.K.KYATHAIAH, S/O KYATHAIAH, AGED ABOUT56YERAS, R/AT KONNANAHALLI POST, 2 PANAKANAHALLI MANDYA TALUK, MANDYA DISTRICT571403 6. Mr.P.RAJASHEKAR S/O PAPAIAH AGED ABOUT48YEARS, SHARADA NILAYA NO.202, 9TH CROSS, GOKULAM3D STAGE, MYSORE570002.7. Mr M.LOKESH S/O LATE A.M. MALLAIAH DOORNO.169, PETE VOKKALIGARA STREET, MALAVALLI57...
Tag this Judgment!G. Nagabhushana and Others Vs. The State of Karnataka, rep. by its Sec ...
Court: Karnataka
Decided on: Jul-26-2016
(Prayer: These Writ Petitions filed under Articles 226 and 227 of the Constitution of India, praying to call for the records relating to, concerning and connected with the impugned Notification dated 31.10.2011 and the Order dated 7.2.2013 vide Annexure-A and B respectively, for the respective respondents, peruse the same and declare and strike down as ultra vires rules 4[i] and 4[ii] the Karnataka Municipal Corporations [absorption of Assistant Engineers/Junior Engineers appointed on deputation basis in the BBMP [Special] Rules, 2011 vide Annexure-A and the reduction and re-fixation of the emoluments as contained in Annexure-B as ultra vires and violative inter-alia of Articles, 14, 16[1] and 21 of the Constitution of India, read with Section 421 of the Karnataka Municipal Corporation Act, 1976, and etc.) 1. Petitioners are employees of the Karnataka State Construction Corporation, a Government of Karnataka undertaking. They were initially employed on daily wages basis and later on re...
Tag this Judgment!Gurubai and Another Vs. The Govt. of Karnataka and Others
Court: Karnataka Kalaburagi
Decided on: Jul-26-2016
(Prayer: This CRP is filed under Section 115 of CPC, praying to allow by setting impugned order dated 15.04.2015 passed in O.S.No.71/2012 by the senior Civil Judge, Aland and consequently allow I.A.No. V and VI and also recall the order of dismissal as abated.) 1. This is plaintiff s revision petition against the order dated 15.04.2015 on I.A.Nos. V and VI made in O.S.No.71/2012, on the file of Civil Judge (Jr.Dn.) at Aland, dismissing the applications under Section 5 of the Limitation Act and under Order 22 Rule 3 of Code of Civil Procedure filed by the plaintiffs. 2. The plaintiff had filed O.S.No.71/2012 against the defendants/respondents for declaration of title in respect of suit schedule property bearing Sy.No.219/1, measuring 28 acres 34 guntas, situated at Aland, Kalaburgi district and also for permanent injunction from putting any new construction over ABCD red colour portion shown in the plaint s sketch which is part and parcel of the suit property as mentioned in Schedule A ...
Tag this Judgment!sri.g.nagabhushana Vs. The State of Karnataka
Court: Karnataka
Decided on: Jul-26-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.Nos.12050-53/2013 (S-RES) W.P.Nos.12055-58/2013 (S-RES) & BETWEEN1 SRI.G.NAGABHUSHANA, AGED ABOUT47YEARS, S/O K.R.GIRIYAPPA, ASSISTANT ENGINEER, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE560001. SRI R.BENAKESHA, AGED ABOUT45YEARS, S/O RAMAPAP H., ASSISTANT ENGINEER, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE560001. SRI S. VISHWANATH, AGED ABOUT51YEARS S/O SANNAPPA, ASSISTANT ENGINEER, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE560001. SRI H.RAVINDRANATH , AGED ABOUT42YEARS, S/O V HANUMANTHA RAO, ASSISTANT ENGINEER BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE560001. SRI H.M.THIMAPPA, AGED ABOUT48YEARS, S/O H.RANGAPPA, 2.3. 4.5. 6.7.8. 2 JUNIOR ENGINEER, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE560001. SRI K.G.SUNDARESH, AGED ABOUT45YEARS, S/O K G GURAPPA GOWDA, JUNIOR ENGINEER, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE560001. SRI B.RAMESHA,...
Tag this Judgment!Gurubai W/O Shivasharanappa Malipatil and Anr Vs. The Govt. Of Karnata ...
Court: Karnataka Kalaburagi
Decided on: Jul-26-2016
1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE26H DAY OF JULY, 2016 BEFORE THE HONBLE MR. JUSTICE B.VEERAPPA CIVIL REVISION PETITION No.200015/2015 BETWEEN: Gurubai W/o Shivasharanappa Malipatil Since deceased by LR. (Plaintiff before the trial court) 1. Parvathibai W/o Shankarao Deshmukh Age:55. years, Occ: Agriculture & Household R/o Nirgudi Village, Tq: Aland Dist: Kalaburagi 585 302. (By Sri Ashok S. Kinagi, Advocate) ... Petitioner AND:1. 2. The Govt. of Karnataka Through Deputy Commissioner Kalaburagi, being District Representative of the Govt. 585 102. The Govt. Primary School Through Head Master representing the School, R/o Aland, Dist: Kalaburagi Kannada & Urdu Medium 585 302 2 3. The Deputy Director of Public Instructions Kalaburagi, representing the Education Department, Kalaburagi 585 102. ... Respondents (By Sri A. Syed Habeeb, AGA) This CRP is filed under Section 115 of CPC, praying to allow by setting impugned order dated 15.04.2015 passed in O.S. ...
Tag this Judgment!B. Govindraj Hegde Vs. State of Karnataka, Department of Finance and E ...
Court: Karnataka
Decided on: Jul-22-2016
(Prayer: Writ Petition is filed under Art.226/227 of the Constitution praying to quash the Karnataka Excise (Sale of Indian and Foreign Liquors) (Amendment) Rules, 2014 in Notification dated 9.6.2014, issued and published by the 1st respondent in Gazette Extraordinary dated 9.6.2014 Annexure C by declaring the same as illegal and arbitrary and consequently unconstitutional.) 1. The present writ petition lays a challenge to the vires and validity of new sub-rule (7-D) in Rule 3 of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 providing for grant of excise license to persons belonging to Scheduled Castes and Scheduled Tribes owning a hotel and boarding house, in a new category of licenses known as CL - 7D, relaxing the requirement of R 3 and 8 for them by allowing such persons belonging to SC/ST category to have a hotel and boarding house including liquor vending therein with only half of the capacity of number of bedrooms than the one required by other category of...
Tag this Judgment!MA I Kovoor @ Anna Kovoor Vs. Thomas Ipe Kovoor (Jr.) and Others
Court: Karnataka
Decided on: Jul-22-2016
(Prayer: Probate C P is filed under Part IX, Chapter IV, S. 278 r/w S. 219 of the Indian Succession Act, 1925 praying to grant letters of administration to the petitioner to the estate of the deceased Elizebeth Ipe Kovoor, as she is a legal heir and one of the next of kin of the deceased Elizebeth, having effect throughout the Union of India, together with her costs, counsel s feel and such further or other relief.) Dr. Vineet Kothori J. 1. The present petition has been filed by the petitioner Ms M A I Kovoor and Anna Kovoor ( Anna for short) under S.278 r/w S.219 of the Indian Succession Act, 1925 seeking a Letter of Administration under the said provisions in respect of estate of her deceased sister Elizebeth Ipe Kovoor who died on 7.7.2011 at Sahaya Holistic Integrative Hospital, Bangalore, and according to the petitioner, she died intestate leaving her property in Bangalore and Mumbai. 2. The said petition was filed by the petitioner Anna on 13.8.2014 after the earlier petition fil...
Tag this Judgment!J.R. Srinivasa Vs. Sree Gururaja Enterprises P. Ltd.,
Court: Karnataka
Decided on: Jul-22-2016
(Prayer: Company Petition is filed under S.433(e) of the Indian Companies Act, 1956 praying to order winding up of the respondent company; appointment of an official liquidator to take charge of the respondent company and its assets, etc.) 1. This winding up petition has been filed by Mr. J R Srinivasa, an ex-Director of the respondent company Sri Gururaja Enterprises Pvt. Ltd seeking winding up of the respondent company on account of the alleged failure to pay interest at 24% p.a. on the admitted liability of Rs.75.50 lakhs due by the respondent company to the petitioner, against the loan advanced by the petitioner to the respondent company. 2. The case set up by the petitioner in the present petition is that the petitioner Director advanced a sum of Rs.1,41,00,000/- to the respondent company to square up the outstanding dues of Andhra Bank which had initiated action against the respondent company under the Securitization and Reconstruction of Financial Assets and Enforcement of Secur...
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