Karnataka Court February 2017 Judgments
L. Nanjunda Murthy and Another Vs. S. Suresh Reddy and Others
Court: Karnataka
Decided on: Feb-10-2017
(Prayer: This Miscellaneous First Appeal is filed under Order 43 Rule 1(j) of CPC., against the Order DT.21.01.2016 passed on I.A.No.4 in EX.No.3242/2014 on the file of the XXXI Additional City Civil and Sessions Judge, Bangalore, dismissing I.A.No.4 filed U/O XX1 Rule 90 r/w Sec.151 of CPC.) 1. The appellants have called in question the order dated 21.1.2016 passed in Execution No.3242/2014 on IA No.IV filed under Order XXI Rule 90 read with Section 151 of CPC passed by XXXI Addl. City Civil and Sessions Judge (CCH-14), Bengaluru City, and consequently to set aside the sale held on 11.09.2015 at the spot and the Court sale dated 28.9.2015. 2. The brief factual matrix of the case are that: The plaintiff (respondent No.1 herein) has filed a suit in OS No.6181/2011 for recovery of a sum of Rs.93,82,742-76. The plaintiff - decree holder sued out execution for recovery of the said amount in Execution No.3242/2014. The said Execution Petition was contested by the judgment debtor. After foll...
Tag this Judgment!Shri Hussain S/O Imamsab Hebballi Vs. Shri Imtiyankhan S/O Anwarkhan P ...
Court: Karnataka Dharwad
Decided on: Feb-10-2017
1 R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD DATED THIS THE10H DAY OF FEBRUARY, 2017 BEFORE HON' BLE MR. JUSTICE SREENIVAS HARISH KUMAR MFA NO20130OF2009(MV) BETWEEN: SHRI HUSSAIN S/O IMAMSAB HEBBALLI, SINCE DECEASED BY HIS LR, SMT. MODINBEE W/O. HUSSAINSAB HEBBALLI, AGE:62. YEARS, OCC: HOUSEHOLD WORK, R/O. BOMBAY CHAWAL, DANDELI581325. ... APPELLANT (BY SRI. N P VIVEKMEHTA, ADV) AND:1. 2. SHRI IMTIYANKHAN S/O ANWARKHAN PHATAN, AGE MAJOR, OWNER OF TRUCK KA257476, C/O SHANTKUMAR S BANGARI, OPP. NAREGAL PETROLE PUMP, DANDELI58132, (UTTAR KANNADA) THE NEW INDIA INSURANCE CO, BRANCH SHRIPRASAD BUILDING, HIGH CHURCH ROAD, KARWAR. ... RESPONDENTS (BY SRI RAVI G SABHAHIT, ADV FOR R-2) (NOTICE TO R-1 HELD SUFFICIENT) 2 THE AND JUDGMENT THIS MFA IS FILED U/S1731) OF MV ACT AWARD AGAINST DATED:23/09/2008 PASSED IN MVC NO.92/2005 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SIRSI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPE...
Tag this Judgment!Sri. L. Nanjunda Murthy Vs. Sri. S. Suresh Reddy
Court: Karnataka
Decided on: Feb-10-2017
IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE10H DAY OF FEBRUARY, 2017 :BEFORE: THE HONBLE MR.JUSTICE K.N. PHANEENDRA M.F.A. No.1968/2016 (CPC) BETWEEN:1. SRI. L. NANJUNDA MURTHY, S/O MR. K. LINGAIAH, AGED ABOUT43YEARS, NO.1123, 2ND CROSS, 10TH MAIN, RAGHAVENDRA BLOCK, SRINAGAR, BANGALORE - 560 050.2. SRI. L. NAGARAJ, S/O MR. K. LINGAIAH, AGED ABOUT40YEARS, NO.1123, 2ND CROSS, 10TH MAIN, RAGHAVENDRA BLOCK, SRINAGAR, BANGALORE - 560 050. APPELLANTS (BY SRI. T. SESHAGIRI RAO, ADVOCATE) AND:1. SRI. S. SURESH REDDY, S/O. A. SRINIVASA REDDY, AGED ABOUT40YEARS, 278/1, ANKANNA REDDY ROAD, DODDABANASWADI, BANGALORE - 560 043.2. SRI. K. GANESH, S/O K. V. KESHAVA MURTHY, AGED ABOUT38YEARS, 2 RESIDING AT NO.33, ASHWATHKATTE MAIN ROAD, KASTHURIBA NAGAR, MYSORE ROAD, BANGALORE - 560 026.3. SRI. T. N. HARISH KUMAR, S/O. NARASIMHAIAH, AGED ABOUT38YEARS, R/AT NO.1122, 10TH MAIN, 2ND CROSS, RAGHAVENDRA BLOCK, SRINAGARA, BANGALORE - 560 050. ... RESPONDENTS Deleted as per Order dtd. 16.08.2...
Tag this Judgment!Mahiboobbi W/O. Noorsab Dhalayat Vs. Govind M. Haripalle
Court: Karnataka Dharwad
Decided on: Feb-09-2017
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE9H DAY OF FEBRUARY2017PRESENT THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY AND THE HONOURABLE MR.JUSTICE K.SOMASHEKAR REGULAR FIRST APPEAL No.4169 OF2012(PARTITION AND SEPARATE POSSESSION) BETWEEN1 Smt. Mahiboobbi W/o Noorsab Dhalayat Age:46. years, Occupation: Petty Business, Resident of Katakar Oni, Bagalkot ... APPELLANT (By Sri S.B.Hebballi, Advocate for Sri Prabhakar A Kulkarni and Sri Ganesh Raibagi) :2. : AND1 Govind M Haripalle Age:25. years, Occupation: Agriculture.2. Shobha W/o Hanamant Koujalagi Age:22. years, Occupation: Agriculture. Since deceased by her LRs. 2(A) Vithal S/o Hanamanth Koujalagi, Age:12. years, Occupation: Student. 2(B) Jyoti D/o Hanamanth Koujalagi Age:10. years, Occupation: Student. 2(C) Pundalik S/o Hanamanth Koujalagi, Age:6. years, Occupation: Student. All are resident of Nekar Colony, Haripalle, Bilagi, Tqluk: Bilagi, District: Bagalkot. Since minor represented by their next friend.3. Su...
Tag this Judgment!The Commissioner of Central Excise Vs. M/S Datasol Innovative Labs
Court: Karnataka
Decided on: Feb-08-2017
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE8H DAY OF FEBRUARY2017PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE A N VENUGOPALA GOWDA CENTRAL EXCISE APPEAL NO.26/2016 BETWEEN: THE COMMISSIONER OF CENTRAL EXCISE BENGALURU-V COMMISSIONERATE, TTMC-BMTC BUILDING, 5TH FLOOR, DOMLUR, OLD AIRPORT ROAD, BENGALURU - 560 071. PRESENTLY RESIDING AT THE ABOVE ADDRESS (BY SRI.K V ARAVIND, ADVOCATE) AND: M/S DATASOL INNOVATIVE LABS No.793, GROUND AND FIRST FLOOR, DATASOL HOUSE, 17TH CROSS, VYALIKAVAL HBCS LAYOUT, VEERANNA PALYA, ARABIC COLLEGE POST, NAGAWARA, BENGALURU - 560 045. (BY SRI.CHERIAN PUNNOOSE, ADVOCATE) ...APPELLANT ...RESPONDENT2THIS APPEAL IS FILED UNDER SEC.35G OF THE CENTRAL EXCISE ACT, ARISING OUT OF ORDER DATED:08/01/2015 PASSED IN FINAL ORDER NO.20078/2015 BY THE CESTAT, SOUTH ZONAL BENCH, BENGALURU PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW FRAMED ABOVE AND DECIDE THE SUBSTANTIAL QUESTIONS OF LAW IN FAVOUR OF THE APPELLANT IN THE...
Tag this Judgment!Soni Nihal Dinesh Bhai Vs. Sri. Sandeep Patel
Court: Karnataka
Decided on: Feb-08-2017
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE8H DAY OF FEBRUARY2017BEFORE THE HONBLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.9463 OF2016BETWEEN:1. 2.2. SONI NIHAL DINESH BHAI S/O. SONI DINESH BHAI, AGED ABOUT21YEARS, SMT. SMITHA RUDANI W/O. SONI NIHAL DINESH BHAI, AGED ABOUT19YEARS, PRESENTLY BOTH ARE R/AT MANINAGAR, NAKATHRANA TALUK, KUTCH DISTRICT, GUJARATH-370 615. ... PETITIONERS (By Sri: NAGARAJ DAMODAR, ADVOCATE) AND1 SRI. SANDEEP PATEL S/O. KESHAVALAL, AGED ABOUT29YEARS, "NUTAN NILAYA", DWARAKA PLAZA, NELAMANGALA TOWN, NELAMANGALA -562 123. THE STATE OF KARNATAKA BY NELAMANGALA TOWN POLICE, BANGALORE-560 001, REPT BY ITS STATE PUBLIC PROSECUTOR. 2 ... RESPONDENTS (By Sri: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R2) SRI: SHIVANANDA D.S., ADVOCATE FOR R1 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS LAUNCHED AGAINST THE ACCUSED I.E. THE PETR. NO.1 HEREIN IN SPL.C.NO.104/2016 REGISTERED BY THE RESPONDENT NO.2 POLICE U/S366A),376 O...
Tag this Judgment!IAE International Aero Engines AG, Represented herein by its Attorney, ...
Court: Karnataka
Decided on: Feb-07-2017
(Prayers: This Company Petition is filed under Section 439(1)(b) r/w Sections 433(e), 433(f), 434 and 450 of the Companies Act, 1956, praying to order that the Respondent Company be wound up under Section 433 of the Companies Act, 1956, pass such interim and other orders as deemed necessary to preserve and protect the assets of the Respondent - Company and that of the petitioner and etc., This Company Petition is filed under Section 433(e), 434 and 439 of the Companies Act, 1956, praying to pass an order winding up of the above named Respondent, United Breweries (Holdings) Limited, under the provisions of the Companies Act, 1956 on the ground of its inability to pay debts and pass such other or further order(s)/direction(s) as this Hon'ble Court may deem just and proper in the facts and circumstances of this case. This Company Petition is filed under Section 433(e), 434 and 439 of the Companies Act, 1956, praying to pass an order of winding up of the above named Respondent, United Br...
Tag this Judgment!K.L. Agarwal Vs. M/s. Paramount Solutions, Rep. by Managing Partner Ba ...
Court: Karnataka
Decided on: Feb-07-2017
(Prayer: This Criminal Revision Petition is filed under Section 397 CR.P.C praying to set aside the judgment dated 17.09.2010 passed by the P.O., FTC-VII, Bangalore in Crl.A.No.1192/2007 and judgment of conviction dated 21.09.2007 passed by the XXII ACMM and XXIV ASCJ, Bangalore in C.C.NO.14589/2003 and acquit the petitioner.) 1. This revision petition is preferred challenging the judgment and order dated 21.9.2007 passed by the XXII ACMM Court, Bengaluru city in C.C.No.14589/2003 and also the judgment and order dated 17.9.2010 passed by the City Fast Track (Sessions) Judge, Bengaluru city in Crl.A.No.1192/2007. By its judgment and order, the trial Court has convicted the accused for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him with a fine amount of Rs.14,50,000/- in default, to undergo simple imprisonment for a period of 24 months. When the accused challenged the said order before the first appellate Court, the appellate Court also after...
Tag this Judgment!Shekhappa Mallappa Jambagi and Others Vs. State of Karnataka, by Deput ...
Court: Karnataka Dharwad
Decided on: Feb-07-2017
(Prayer: This Criminal Appeal is filed U/S 374(2) Cr.P.C by the Advocate for the Appellants seeking to call for the records of the Court below and allow this Appeal by setting aside the Judgment and Order Date 30.09.2009 passed by the Special (District) Judge Bagalkot in Spl.Case No.43/2009 and acquit the Appellants.) 1. The appellants, who are aggrieved by the judgment dated 30.09.2009 passed by the Special District and Sessions Judge (Special Judge), Bagalkot, in Spl. Case No.43/2009, have preferred this appeal challenging the above said judgment on various grounds. 2. Under the impugned judgment, the trial Court has convicted the appellants (hereinafter referred to as 'the accused') for the offences punishable under Sections 143, 147, 148, 341 and 324 r/w. 149 of IPC and sentenced them to undergo various punishments ranging from 15 days to 2 (two) years and also ordered to pay fine ranging from Rs.200/- to Rs.1,500/-. 3. The brief factual matrix of the case that emanate from the rec...
Tag this Judgment!Arvind Kumar Vs. Smt Shital Verma
Court: Karnataka
Decided on: Feb-07-2017
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF FEBRUARY, 2017 BEFORE THE HONBLE MR. JUSTICE A S BOPANNA WRIT PETITION No.18848/2016 (GM-FC) BETWEEN: ARVIND KUMAR, AGED ABOUT32YEARS, S/O LATE OM PRAKASH, R/O. No.35, TELECOM LAYOUT, HBR IV BLOCK, NAGAVARA, BANGALORE 560 045. (BY SRI. NAGARAJA REDDY D, ADV.) AND: SMT. SHITAL VERMA, AGED ABOUT36YEARS, W/O ARVIND KUMAR, R/A. No.75, GF, 3RD MAIN, AMAR JYOTI LAYOUT, CHOLANAGAR, BENGALURU 560 032. ... PETITIONER ... RESPONDENT (BY SMT. PRAMILA NESARGI, SR. COUNSEL FOR SMT. RAMA R. IYER, ADV.) THIS PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ORDER DTD. 2.1.2016 PASSED ON I.A. NO.2 IN M.C. No.2858/2013 BY THE HONBLE VI ADDITIONAL FAMILY JUDGE, AT BANGALORE VIDE ANNEX-A AND CONSEQUENTLY DISMISS THE APPLICATION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:2. ORDER The petitioner is before this Court assailing the order dated 02.01.2016 p...
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