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Karnataka Court March 2017 Judgments

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Mar 13 2017

Chikkamadaiah Vs. Ningamma and Others

Court: Karnataka

Decided on: Mar-13-2017

The present writ petition is filed by the first plaintiff against the order dated 6-2-2016 dismissing I.A. No. VII, filed by the plaintiffs under Order 23, Rule 1 (3)(a) r/w. Section 151 of Code of Civil Procedure in O.S. No. 56/2014 on the file of the I Additional Civil Judge and JMFC., Malavalli. 2. The plaintiffs filed a suit in O.S. No. 56/2014 for partition and separate possession in the suit schedule properties contending that the suit schedule properties are joint family properties of the plaintiffs and defendant; plaintiffs and the defendant are the members of the joint family and there was no partition in the family, etc. The defendant filed her written statement denying the entire plaint averments and contended that no cause of action arose at the time of filing of the suit. She further contended that the suit for partition is not maintainable and some of the properties are not included in the plaint schedule and therefore suit is to be dismissed, etc. 3. When the matter was ...


Mar 13 2017

H.V. Kavitha and Others Vs. E. Kakaivani and Another

Court: Karnataka

Decided on: Mar-13-2017

(Prayer: These Writ Petitions are filed under Article 227 of the Constitution of India praying to set aside the order dated 2.12.2016 passed on IA Nos.10 and 11 in MVC No.1511/2013 on the file of the Senior Civil Judge at Maddur at Annexure-F, etc.) 1. Learned counsel for the petitioners has filed a memo seeking dispensation of notice to respondent No.1. Considering that the respondent No.1 is placed exparte before the Tribunal, the prayer for dispensation is granted. Since the matter lies in the narrow compass, the petition is taken up and disposed of by this order. 2. The petitioners are before this Court assailing the order dated 2.12.2016 passed on IA Nos.10 and 11 in MVC No.1511/2013 on the file of the Senior Civil Judge, Maddur as at Annexure-F to the petition. 3. The petitioners herein are the claimants in MVC No.1511/2013. In the said proceedings the Insurance Company has denied the existence of policy in respect of the vehicle which met with an accident. The petitioners conten...


Mar 13 2017

M/s. Obulapuram Mining Company Pvt. Ltd., Represented by its Director ...

Court: Karnataka

Decided on: Mar-13-2017

(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the ECIR Dated 22.9.2010 at Annexure-B passed by R-1, Provisional Attachment Order Dated 4.12.2012 at Annexure-G passed by R-1 and Complaint U/S. 5[5] of the Act at Annexure-D Dated 17.12.2012 filed by R-1 and proceedings under PMLA, 2002 against the Petitioner. and etc. This Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the ECIR at Annexure-C passed by R-1; Complaint u/s 5(5) of the Act at Annexure-E filed by R-1; Provisional Attachment Order No. 8/2012 dated 04.12.2012 at Annexure-B passed by R-1 and proceedings under PMLA 2002 against the petitioner, and etc. These Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash Original Complaint No. 293/2014 Dated 11.04.2014 at Annexure-C and Provisional Attachment Order No. 7/2014 Dated 28.03.2014 at Annexure-B and proceedings under PMLA, 2002 against ...


Mar 13 2017

M K R Poultry Farm And Vs. Tinna Agro Industries Limited

Court: Karnataka Dharwad

Decided on: Mar-13-2017

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE13H DAY OF MARCH, 2017 R PRESENT THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY AND THE HONOURABLE MR.JUSTICE K.SOMASHEKAR REGULAR FIRST APPEAL No.4094/2013 (RECOVERY OF MONEY) Between: M K R Poultry Farm and M Krishna Reddy and thers Poultry Farm, Bhimanur Road, Ginigera, District: Koppal, Represented by its owner M Krishna Reddy son of M. Venkata Reddy, Age:52. Years. (By Shri.Harsh Desai, Advocate) And: Appellant 1. M/s.Tinna Agro Industries Limited, Presently known as Adm Agro Industries Dharwad Private Limited, Having registered office at 81, Defence Colony, New Delhi, Factory Unit, Plot Nos. 260, 262, 45 & 45A, Belur Industrieal Area, Dharwad, Represented by its Director-Praveen Kumar S.P. :2. :2. M/s.Anji Reddy Poultry Farm, Situated at Bhimanur Road, Ginigera, Koppal, Represented by its owner-M. Anji Reddy.3. M/s.Padmavathi Poultry Farm, Bhimanur Road, Ginigera, Koppal, Represented by its owner- Padmavathi Reddy. Res...


Mar 13 2017

M/S Obulapuram Mining Company Pvt Ltd Vs. Joint Director

Court: Karnataka

Decided on: Mar-13-2017

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 13th day of March, 2017 PRESENT: THE HONBLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HONBLE MR JUSTICE BUDIHAL R B Writ Petition No.5962 of 2016 (GM-MM-C); Writ Petition No.11442 of 2016 (GM-MM-C); and Writ Petition Nos. 11440-11441 of 2016 (GM-MM-C) In Writ Petition No.5962 of 2016 BETWEEN: M/S OBULAPURAM MINING COMPANY PVT LTD NO.6(4), RAGHAVACHARI ROAD BELLARY, KARNATAKA-583101 REPRESENTED BY ITS DIRECTOR ... PETITIONER [By Sri Sudhir Nandrajog, Senior Advocate a/w Sri Mayank Jain, Advocate *& Sri Lakshminarayana N, Advocate) AND:1. JOINT DIRECTOR DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA BANGALORE-560001 2. UNION OF INDIA MINISTRY OF FINANCE THROUGH DIRECTOR ENFORCEMENT DIRECTORATE LOK NAYAK BHAWAN * Corrected vide court order dated March 22, 2017 2 7TH FLOOR, KHAN MARKET NEW DELHI-110001 3. MINISTRY OF MINES GOVERNMENT OF INDIA THROUGH SECRETARY (MINES) SHASTRI BHAWAN DR RAJENDRA PRASAD ROAD NEW DELHI-110001...


Mar 13 2017

Aishwarya M Vs. The State of Karnataka

Court: Karnataka

Decided on: Mar-13-2017

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF MARCH2017PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE N.K.SUDHINDRARAO WRIT PETITION NO.5818/2017(EDN-MED-ADM) BETWEEN: AISHWARYA M AGED ABOUT20YEARS, D/O MURALI SA I YEAR BDS, SHARAVATHI DENTAL COLLEGE ALKOLA, TH ROAD, SHIVAMOGGA-577 205. (BY SRI.AJOY KUMAR PATIL, ADVOCATE) AND:1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE SERVICES (MEDICAL EDUCATION), VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. ...PETITIONER22. COMED-K CONSORTIUM OF MEDICAL, ENGINEERING & DENTAL COLLEGES OF KARNATAKA, #132, 2ND FLOOR, 11TH MAIN, 17TH CROSS, MALLESHWARAM, BENGALURU-560 055 REPRESENTED BY IT SECRETARY.3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES4H T BLOCK, JAYANAGAR, BENGALURU-560 041 REPRESENTED BY ITS REGISTRAR4 SHARAVATHI DENTAL COLLEGE & HOSPITAL ALKOLA, TH ROAD, SHIVAMOGGA-577 205 REPRESENTED BY ITS PRINCIPAL ...RESPONDENTS (BY MS.NILOUFER AKBA...


Mar 10 2017

Timmappa Vs. The State of Karnataka, Through Yaragera P.S.

Court: Karnataka Kalaburagi

Decided on: Mar-10-2017

(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C. praying to set aside the impugned Judgment of conviction and order of sentence dated 20.10.2015 passed in SC No.68/2015 by the II Addl. Dist. and Sessions Judge at Raichur by allowing this appeal and also prayed to acquit the appellant/accused of the charges leveled against him.) 1. This appeal is preferred by the accused assailing the judgment of conviction dated 20.10.2016 passed by II Additional District and Sessions Judge, Raichur in SC No.68/2015 whereunder accused was convicted for the offences punishable under Sec. 448, 376 and 506 of IPC. 2. The case of the prosecution in brief as per the complaint are that on 5.12.2014 at about 1:00 PM when the victim was bringing the headload of firewood and keeping the same by the side of tin cattle shed in Sy.No.333/Ee at Wadwatti village went inside for drinking water, at that time accused appellant came from behind by trespassing into the said cattle shed, hugged the v...


Mar 10 2017

Kunji Beary Vs. Khatijamma

Court: Karnataka

Decided on: Mar-10-2017

(Prayer: This M.F.A. is filed under Section 173(1) of M.V.Act against the Judgment and Award Dated 14.12.2009 passed in MVC No.722/1999 on the file of Member, Mact, Puttur, Dakshina Kannada, awarding a Compensation of Rs.2,42,000/- with Interest @ 6% P.A. from the date of Petition till Deposit.) 1. This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Puttur [the 'Tribunal', for short] in MVC No.722/1999. 2. Briefly stated the facts are: That the widow of the deceased B.P. Moidu filed the claim petition before the Tribunal seeking compensation for the death of said B.P. Moidu in the motor vehicle accident which occurred on 19.3.1998 alleging negligence on the driver of the jeep bearing registration No.CNX-1583 [offending vehicle]. It was contended that the deceased was travelling in the offending vehicle from Kadaba to Gandithadka along with goods, namely, tiles. Due to the impact of the accident, the jeep fell down upon the deceased with ...


Mar 10 2017

Sree Gajanana Motor Transport Company Limited, Rep. by its Executive D ...

Court: Karnataka

Decided on: Mar-10-2017

(Prayer: These Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the Order passed by R-1 in Sub 2, 3, 4, 5/11-12 Dated 24.02.2012 in rejecting 4 Applications on the Routes Lakshmeshwar to Hanagal and back and Mangalore to Laxmeshwar, Laxmeshwar to Hanagal and back and Mangalore to Lakshmeshwar and back vide Annx-E and etc.) 1. The petitioner has sought for the following reliefs: i) "Quash the order passed by 1st respondent in Sub.Nos.2, 3, 4, 5/11-12 dated 24.02.2012 in rejecting 4 applications on the routes Lakshmeshwar to Hanagal and back and Mangalore to Laxmeshwar, Laxmeshwar to Hanagal and back and Mangalore to Lakshmeshwar and back vide Annexure-E. ii) Quash the orders passed by tribunal in Appeal No.378 to 381/2012 dated 28.01.2013 dismissing the appeals vide Annexure-K. iii) Allow the writ petitions and grant the permits as prayed for in the applications in view of the various judgments referred by the petitioners vide Annexure-A, B, C...


Mar 10 2017

The Divisional Manager, M/s. National Insurance Co. Ltd., Represented ...

Court: Karnataka

Decided on: Mar-10-2017

(Prayer: This MFA is filed u/s 30(1) of W.C. Act against the Judgment Dated 13.12.2010 passed in WC.No.234/2007 on the file of the Labour Officer and Commissioner for Workmen Compensation, Davanagere District, Davanagere, awarding a Compensation of Rs.1,61,514/- with Interest @ 12% P.A.) 1. The National Insurance Company Limited has filed this appeal challenging the legality and correctness of the judgment and order dated 13.12.2010 passed in WC.No.234/2007 by the Labour Officer and Commissioner for Workmen Compensation, Davanagere District, Davanagere, (for short `Commissioner for Workmen Compensation') fastening liability on them to compensate the claimant. 2. The 1st respondent herein filed a claim petition interalia contending that he was working as a Hamali in a tempo bearing Registration No.KA-27/6148 belonged to the 2nd respondent herein for last six months. On 7.1.2007, as per instructions of the owner of the vehicle, after loading cotton bales at Attikatte, the claimant was pr...


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