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Karnataka Court July 2016 Judgments

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Jul 12 2016

Smt. Nagamma Vs. The State of Karnataka

Court: Karnataka

Decided on: Jul-12-2016

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 12th day of July, 2016 Before THE HONBLE DR. JUSTICE VINEET KOTHARI Writ Petition Nos.47983-984/2015 (LB, RES) Between SMT. NAGAMMA W/O LATE BYLAPPA AGED100YEARS R/AT NO.3769/1, KSRTC LAY OUT RAYANNAGAR, NELAMANGALA TOWN NELAMANGALA TALUK BANGALORE RURAL DISTRICT 562 132. PETITIONER (BY SRI. T. SESHAGIRI RAO, ADV.) And 1.2. THE STATE OF KARNATAKA DEPARTMENT OF MUNICIPAL ADMINISTRATION REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BANGALORE 560 001 THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT PODIUM BLOCK VISHWESHVARAIAH TOWER DR. AMBEDKAR ROAD BANGALORE 560 001 Date of Order 12.07.2016 in WP Nos.47983-47984/2015 2 Smt. Nagamma Vs State of Karnataka & Others THE CHIEF OFFICER MUNICIPAL OFFICE NELAMANGALA TOWN NELAMANGALA 562 132 SRI. POOJAPPA S/O LATE NAGAIAH AGED ABOUT59YEARS R/AT JAYANAGARA NELAMANGALA TOWN BANGALORE RURAL DISTRICT 562 132 3.4. RESPONDENTS (BY SRI. V. SREENIDHI, AGA FOR R1 & R2; SRI. S. MAHESH, ADV. ...


Jul 12 2016

The Manager Vs. Rudrappa

Court: Karnataka

Decided on: Jul-12-2016

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE12H DAY OF JULY, 2016 BEFORE THE HONBLE MRS JUSTICE S SUJATHA M.F.A No.10037/2011(MV) C/w M.F.A No.9154/2012(MV) MFA No.10037/2011 BETWEEN: THE MANAGER M/S ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., MAYURA COMPLEX2D FLOOR, DOUBLE ROAD BELLARY-583101. REP. BY ITS MANAGER M/S ICICI LOMBARD GENERAL INSURANCE CO. LTD., SVR COMPLEX No.89, 2ND FLOOR HOSUR MAIN ROAD BANGALORE-68. .APPELLANT (BY SRI.H.N.KESHAVA PRASHANTH., ADVOCATE) AND:1. RUDRAPPA S/O GURAPPA AGED ABOUT42YEARS22.3. SMT.KAMALAMMA W/O GURAPPA AGED ABOUT40YEARS BOTH ARE AGRICULTURIST R/A BEDARASHIVANAKERE VILLAGE CHITRADURGA TALUK. D.MALLIKARJUNIAH S/O CHANNAVERAIAH MAJOR, OWNER OF THE LORRY BEARING NO KA-17-A-6478 R/O JAGALUR TOWN DAVANAGERE DIST REP. BY HIS P.A.HOLDER SHAFIULLA S/O K.H.KABUL HUSSAIN36YEARS, 3RD CROSS, BEHIND PARK VIDYA NAGARA CHITRADURGA. .RESPONDENTS (BY SMT.SPOORTHY HEGDE.N., ADVOCATE FOR R1 AND R2; NOTICE TO R3 DISPENSED WITH V/O DATED2408.2015)...


Jul 12 2016

Bajaj Allianz General Insurance Co Ltd Vs. Shivaji Dattu Nikam

Court: Karnataka

Decided on: Jul-12-2016

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE12H DAY OF JULY, 2016 BEFORE THE HONBLE MRS JUSTICE S SUJATHA M.F.A No.4466/2012(MV) .APPELLANT BETWEEN: BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., GROUND FLOOR, TBR TOWER, I CROSS NEW MISSION ROAD ADJACENT TO JAIN COLLEGE BANGALORE-560 027. (BY SRI.A.N. KRISHNASWAMY, ADVOCATE) AND:1. 2. SMT. SUNITA SHIVAJI NIKAM W/O SHIVAJI DATTU NIKAM NOW AGED ABOUT48YEARS BOTH R/O RAVINDRA NIVAS OPP: LET COLLEGE, GOKAK BELGAUM DISTRICT PIN-591 307 SHIVAJI DATTU NIKAM S/O GOPAL NIKAM NOW AGED ABOUT57YEARS3 ASWATH KUMAR S/O RAMACHANDRA, MAJOR R/O AT STREET, NEAR OLD LIC OFFICE2SRIRANGAPATNA TALUK MANDYA DISTRICT. NOW AGED ABOUT27YEARS R/O BOOPANA HALLI VILLAGE H D KOTE TALUK, MYSORE DISTRICT4 MANJU, S/O LATE MANJE GOWDA5 MEER AZMATH S/O FARAZUDDIN, MAJOR R/O CHIMANAHALLI, CHIKKANURU H D KOTE TALUK, MYSORE DISTRICT. .RESPONDENTS (BY SRI. ANANTHARAM.C., ADVOCATE FOR A&N ADVOCATES & ASSOCIATES FOR R1 AND R2, SRI. VEERABHADRA SWAMY H.P., ADVOCATE ...


Jul 11 2016

Obamma and Others Vs. Boraiah and Others

Court: Karnataka

Decided on: Jul-11-2016

(Prayer: This RSA is filed U/s. 100 of CPC against the judgement and decree dated 26.08.2013 passed in R.A. No. 7/2013 on the file of Senior Civil Judge, Challakere, dismissing the appeal and confirming against the Judgment and decree dated 05.12.2012 passed in FDP No. 1/2009 on the file of Principal Civil Judge, Challakere, allowing the petition filed under order 21 Rule 18 R/W Section 54 of CPC.) 1. This appeal is filed by the judgment debtor against the judgment and decree dated 26.8.2013 made in R.A. No. 7/2013 on the file of Senior Civil Judge, Challakere, confirming the final decree proceedings dated 5.12.2012 made in F.D.P. No. 1/2009 on the file of Principal Civil Judge, Challakere, allowing the petition directing the office to draw final decree in pursuance of the preliminary decree in terms of the Commissioner s sketch. 2. The respondents who are the plaintiffs in O.S. No. 248/1975 filed a suit for partition and separate possession of half share. The suit came to be decreed, ...


Jul 11 2016

Mohmmad Yunus and Another Vs. Mahasaheb @ Gorima

Court: Karnataka Dharwad

Decided on: Jul-11-2016

(Prayer: This Criminal Revision Petition is filed under S.397 r/w 401 of Cr.P.C. seeking to exercise the Revisional powers under Section 397 of Cr.P.C. and call for the records in Crl. Appeal No.149/2014 and examine the legality, correctness or otherwise the maintainability of the orders dated 09.10.2015 and set aside the same by confirming the orders passed on I.A. No.II in Crl. Misc. No.153/2014 on the file of Additional Civil Judge and JMFC, Raibag by allowing this petition.) 1. Assailing the legality of the Judgment dated 09.10.2015 passed in Crl.A.No.149/2014 by the VII Addl. Dist. and Sessions Judge, Belagavi, sitting at Chikodi, allowing the appeal and thereby , setting aside the order impugned therein, with a direction to handover the minor child Tazin to the custody of the respondent mother, this petition was filed. 2. Marriage of the 1st petitioner and the respondent was solemnized on 17.10.2010. Out of the wedlock, a female child, named Tazin was born on 25.05.2012 and is in...


Jul 11 2016

The State of Karnataka and Another Vs. Shivanad B Magadum and Others

Court: Karnataka

Decided on: Jul-11-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for records from the Karnataka Administrative Tribunal, Bengaluru and etc.) 1. The present petition is directed against the order dated 20.01.2015 passed by the Karnataka Administrative Tribunal, (hereinafter referred to as the Tribunal for the sake of brevity), whereby the Tribunal for the reasons recorded in the order has allowed the application and the impugned show cause notices and the charges memos are quashed with the liberty to initiate fresh proceedings against the delinquent officials in accordance with Rule 14-A of The Karnataka Civil Services (Classification, Control And Appeal), Rules, 1957 (hereinafter referred to as the CCA Rules for short). 2. We have heard Mr. D. Nagaraj, learned AGA appearing for the petitioners and Prof. Ravivarma Kumar, Senior Counsel with Sri J. Prashant, learned Counsel appearing for the respondents. 3. The contention raised on behalf of th...


Jul 11 2016

Praveen Basavanneppa Shivalli Vs. The State of Karnataka, Dharwad and ...

Court: Karnataka Dharwad

Decided on: Jul-11-2016

(Prayer: This Writ petition is filed under Articles 226 and 227 of the constitution of India praying to quash the charge sheet dated: 15.07.2015 filed by the 2nd Respondent/Sub Inspector of Police, Gokul Road, Police Station, Hubballi, vide Annexure-H and etc.) 1. The petitioner, a Non Resident Indian, married Smt. Savita, daughter of the 3rd respondent, on 25.04.2008. Out of the wedlock, a son Master Ishaan was born, on 21.11.2011, in the United States of America. The petitioner, his wife and the child came to Bengaluru on 06.02.2013. The petitioner alone returned to USA. Later, when the child was sought to be taken to USA by the petitioner, through his parents, Smt. Savita filed G and W No.5/2013 in the Family Court, Hubli. A memo having been filed that Smt. Savita got custody of the child with the police help, the petition was disposed of as withdrawn. Smt. Savita filed G and W No.13/2013 in the Family Court, Hubli, seeking declaration that she is the legal and total guardian of Mas...


Jul 11 2016

Praveen Basavanneppa Shivalli, Vs. The State of Karnataka,

Court: Karnataka Dharwad

Decided on: Jul-11-2016

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE11H DAY OF JULY, 2016 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.102248/2016 (GM-RES) BETWEEN: PRAVEEN BASAVANNEPPA SHIVALLI, AGE:33. YEARS, OCC. MECHANICAL ENGINEER, 5799, SOUTH LAND DRIVE, APT. NO.4205, MOBILE A1-36693, UNITES STATES OF AMERICA (USA), NOW RESIDING AT SAROVAR NAGAR, (D.N.KOPPA), HOUSE NO.11, MATRU KRUPA, II CROSS, KELAGERI ROAD, DHARWAD58000. (BY SRI. F V PATIL, & SRI. NANDISH PATIL, ADVS.) ... PETITIONER AND1 THE STATE OF KARNATAKA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.2. THE SUB INSPECTOR OF POLICE, GOKUL ROAD POLICE STATION, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD. 2 3. SUBHASHCHANDRA VEERBHADRAPPA ELI, R/O. HASTINAPUR, KESHWAPUR, HUBBALLI, TA. HUBBALLI, DIST: DHARWAD. (BY SHRI PRAVEEN K. UPPAR, HCGP, FOR R1 & R2; SHRI V M SHEELVANT, ADV. FOR R3) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF IN...


Jul 11 2016

Smt Obamma Vs. Sri Boraiah

Court: Karnataka

Decided on: Jul-11-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE11H DAY OF JULY2016BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA R.S.A.NO.1595 OF2013BETWEEN:1. SMT. OBAMMA W/O LATE BORAIAH AGED ABOUT51YEARS.2. 3.4.5. SRI. BORAIAH S/O LATE BORAIAH AGED ABOUT38YEARS. SRI. CHANNAIAH S/O LATE BORAIAH AGED ABOUT33YEARS SRI. THIPPAIAH S/O LATE BORAIAH AGED ABOUT31YEARS. ALL ARE AGRICULTURISTS RESIDENTS OF BUDNAHATTY VILLAGE KASABA HOBLI CHALLAKERE TALUK -577 522. CHITRADURGA DISTRICT. SMT. THIPPAMMA D/O CHANNAIAH W/O CHITTAIAH AGED ABOUT51YEARS R/O BAGERAHATTY CHALLAKERE TALUK-577 522 CHITRADURGA DISTRICT. 2 SMT. OBAMMA D/O CHANNAIAH AGED ABOUT49YEARS R/O CHIKKAMMANAHALLY VILLAGE, KASABA HOBLI CHALLAKERE TALUK CHITRADURGA DISTRICT-577 522. SMT. BORAMMA D/O CHANNAIAH AGED ABOUT45YEARS. SRI. BADABORAIAH S/O CHANNAIAH AGED ABOUT40YEARS6 7.8. RESPONDENTS7AND8RESIDENT OF BUDANAHATTY VILLAGE KASABA HOBLI CHALLAKERE TALUK -577 522 CHITRADURGA DISTRICT. ... APPELLANTS (BY SRI.B.M.SIDDAPPA, ADVOCATE) AND:...


Jul 11 2016

The State of Karnataka Vs. Sri Shivanand B Magadum

Court: Karnataka

Decided on: Jul-11-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE11H DAY OF JULY2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE B.SREENIVASE GOWDA WRIT PETITION NO.55904 OF2015(S-KAT) BETWEEN:1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF TRANSPORT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560001.2. COMMISSIONER FOR TRANSPORT M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560001. ...PETITIONERS (BY SRI.D.NAGARAJ, AGA) AND:1. SRI SHIVANAND B MAGADUM S/O BASAVARAJ MAGADUM, AGED ABOUT53YEARS, WORKING AS SENIOR MOTOR2VEHICLE INSPECTOR, OFFICE OF THE REGIONAL TRANSPORT OFFICER, BIDAR DISTRICT, BIDAR-585401. SRI NITHYANAND G HITHALAMAKKI S/O G.HITHALAMAKKI, WORKING AS SENIOR MOTOR VEHICLE INSPECTOR, OFFICE OF THE ASSISTANT REGIONAL TRANSPORT OFFICER, HONNAVAR, UTTARA KANNADA DISTRICT-581334. SRI M R BELAGALLAPPA S/O RAMALINGAPPA, AGED ABOUT55YEARS, WORKING AS SENIOR MOTOR VEHICLE INSPECTOR, OFFICE OF THE REGIONAL TRANSPORT OFFICER, BIDAR DISTRICT, BIDAR-...


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