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Karnataka Court April 2017 Judgments

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Apr 13 2017

Seetharam and Others Vs. The State of Karnataka, rep. by its Secretary ...

Court: Karnataka

Decided on: Apr-13-2017

(Prayer: These Writ Appeals are filed u/s 4 of the Karnataka High Court Act, 1961, praying to set aside the order passed in Writ Petition Nos. 16858 and 9942-9949 of 2014 dated 25/2/2014. This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order passed in the Writ Petition No. 22445 of 2004 dated 25/2/2014.) Subhro Kamal Mukherjee, C.J. 1. The Hon ble Single Judge dismissed a batch of writ petitions by a common judgment and order dated February 25, 2014, primarily, on the ground of delay and laches. In all those writ petitions, the writ petitioners claimed themselves to be the owners of various pieces of land, which had been the subject matter of acquisition by the State Government for the benefit of the Bengaluru City Co-operative Housing Society Limited (hereinafter referred to as the Society in short). 2. The writ petitioners challenged the acquisition proceedings, inter alia, on the grounds that the said acquisition was not fo...


Apr 13 2017

The Divisional Manager Vs. Kumar Shivanand

Court: Karnataka Dharwad

Decided on: Apr-13-2017

Date of Judgment 13.04.2017 MFA No.21560/2009 C/w. MFA No.20762/2009 The Divisional Manager, The National Insurance Co. Ltd., Vs. Kumar Shivanand S/o. Netaji Mohite and Another 1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE13H DAY OF APRIL2017R BEFORE THE HONBLE DR. JUSTICE H. B. PRABHAKARA SASTRY M.F.A.NO.21560/2009 (MV) C/W. M.F.A.NO.20762/2009 (MV) IN MFA NO.21560/2009 BETWEEN: THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, SUJATA TALKIES COMPLEX NEAR OLD BUS STAND, P. B. ROAD, HUBLI (BY SRI. RAJASHEKHAR S. ARANI, ADVOCATE) ... APPELLANT AND:1. KUMAR SHIVANAND, S/O. NETAJI MOHITE AGE:9. YEARS, OCC: STUDENT R/O. POST:NIGADI, TQ. & DIST. DHARWAD REP. BY HIS NATURAL GUARDIAN FATHER NETAJI, S/O. TANAJI MOHITE AGE:43. YEARS, OCC: BUSINESS R/O. NIGADI, TQ. & DIST. DHARWAD Date of Judgment 13.04.2017 MFA No.21560/2009 C/w. MFA No.20762/2009 The Divisional Manager, The National Insurance Co. Ltd., Vs. Kumar Shivanand S/o. Netaji Mohite and Another ...


Apr 13 2017

Smt Sathyamma Vs. Smt Kempamma

Court: Karnataka

Decided on: Apr-13-2017

1 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE13H DAY OF APRIL, 2017 BEFORE THE HONBLE MR.JUSTICE K. N. PHANEENDRA R.S.A No.432/2013 (P-INJ) BETWEEN SMT. SATHYAMMA, W/O RAMACHANDRA, AGED ABOUT37YEARS, R/A KOLUR VILLAGE, MALUR HOBLI, CHANNAPATNA TALUK, RAMANAGARA DIST 571 112. ... APPELLANT (BY SRI.NITISH K.N.,ADV.FOR SRI. K.V.NARASIMHAN, ADV.) AND SMT. KEMPAMMA, W/O LATE SIDDEGOWDA, AGED ABOUT78YEARS, R/A KOLUR VILLAGE, MALUR HOBLI, CHANNAPATNA TALUK, RAMANAGARA DIST 571 112. ... RESPONDENT (BY SRI. K.H. RAMU, ADV. FOR C/R [CP NO.11/2013].) THIS RSA IS FILED U/S100OF CPC AGAINST THE JUDGEMENT & DECREE DTD312.2012 PASSED IN R.A.NO.75/2012 ON THE FILE OF SENIOR CIVIL2JUDGE AND JMFC, CHANNAPATNA, RAMANAGARA DISTRICT, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD214.2011 PASSED IN OS.NO.100/2007 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.), CHANNAPATNA. THIS RSA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT This court at th...


Apr 13 2017

1 (I) Seetharam Vs. The State of Karnataka

Court: Karnataka

Decided on: Apr-13-2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 13th day of April, 2017 PRESENT: THE HONBLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HONBLE MR JUSTICE BUDIHAL R B Writ Appeal Nos. 818-849 of 2014 (LA-RES) Writ Appeal No.958 of 2014 (LA-RES) C/w In Writ Appeal Nos. 818-849 of 2014 BETWEEN1 (i) SEETHARAM S/O LATE BACHAPPA AGED ABOUT38YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE56006 (ii) SHEKAR SON OF LATE BACHAPPA AGED ABOUT35YEARS RESIDENT OF VAJARAHALLY THALAGHATTAURA POST BENGALURU-560 062. (iii) AMMAYAMMA W/O LATE ERA SWAMY AGED ABOUT55YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE56006 2.3. 4.5. 6.7. 2 SMT. LAKSHMAMMA W/O LATE G.M. KRISHNAPPA AGED ABOUT60YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE56006 BOMMAIAH S/O LATE SAREKKAPPA AGED ABOUT60YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE56006 (i) NAGESHAPPA S/O LATE CHIKKASWAMY AGED ABOUT58YEARS (ii) CHANDRASHEKAR S/O LATE CHIKKASWAMY AGED ABOUT87YEARS BOTH ARE R/A VAJARAHALLY THALAG...


Apr 13 2017

Dr (Ms) Rachana Kishore Ubrangala Vs. st.john S National Academy

Court: Karnataka

Decided on: Apr-13-2017

1 WP No.11076/2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF APRIL2017PRESENT R THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NO.11076/2017 (EDN-MED-ADM) ... PETITIONER BETWEEN: Dr.(Ms.) RACHANA KISHORE UBRANGALA D/O DR. KISHORE KUMAR UBRANGALA AGED ABOUT23YEARS RESIDING AT THRIPTHI 15-13-693/4, SHIVABHAGH, KADRI MANGALURU 575 002 (BY SRI SRIDHAR PRABHU, ADVOCATE) AND:1. 2. 3.4. ST. JOHNS NATIONAL ACADEMY OF HEALTH SCIENCES ST. JOHNS MEDICAL COLLEGE ADMISSIONS OFFICE SARJAPUR ROAD, BENGALURU 560 034 REPRESENTED BY ITS REGISTRAR MEDICAL COUNCIL OF INDIA POCKET-14, SECTOR-8 DWARKA PHASE-1, NEW DELHI 110 077 REPRESENTED BY ITS REGISTRAR KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU 560 012 REPRESENTED BY ITS EXECUTIVE DIRECTOR STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT2WP No.11076/2017 (MEDICAL EDUCATION) M.S.BUILDING, BENGALURU 560 001 (REPRESENTED BY THE PRINC...


Apr 12 2017

N. Sunilkumar Vs. B.R. Nagaraju and Others

Court: Karnataka

Decided on: Apr-12-2017

1. Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 7-5-2011 made in MVC No.78/2009 passed by the Senior Civil Judge, Nanjanagudu (hereinafter referred to as ' the trial Court' for short) filed this appeal seeking enhancement of compensation. 2. The appellant filed a claim petition contending that on 28-7-2008, while he was proceeding in a KSRTC bus bearing Registration No. KA-09/F-3899 from Chamarajanagar to Nanjanagudu, near Chinnadagudi Village at about 10.30 a.m., the driver of a lorry bearing Registration No. KA-20/3578 drove the same in a rash and negligent manner and dashed against the KSRTC bus. Due to that, the claimant who was an inmate of the bus sustained grievous injuries all over the body. Immediately after the accident, he was shifted to Government Hospital at Nanjanagudu, thereafter he took treatment in K.R. Hospital at Mysuru and also at JSS hospital at Mysuru. In the accident, the claimant has sust...


Apr 12 2017

M/s. GVR Infra Projects Limited, Rep. by its Assistant Vice President ...

Court: Karnataka

Decided on: Apr-12-2017

(Prayer: This Petition is filed under Article 226 of the Constitution of India, with a prayer to quash the Impugned Letter Dtd.04.01.2017 vide Annex-A issued by the R-3 to the petitioner thereby terminating the agreement and direct the Appropriate Authority for initiation of an enquiry into the Gross Acts of Omission and Commission on the part of the R-1 to 3 in playing fraud upon the petitioner.) 1. The petitioner is before this Court claiming to be aggrieved by the letter dated 04.01.2017 (Annexure-A) issued by the respondent No.3 terminating the agreement entered into between the parties. The petitioner is seeking that enquiry be initiated into the gross acts of omission and commission on the part of respondents No.1 to 3 in playing fraud upon the petitioner. 2. The petitioner having participated in the tender process for the work of strengthening from KM 216.00 (Gulagalale) to KM 237.00 (Maranahalli) and providing rigid pavement from KM 250.620 (Kempuhole) to KM 263.00 (Addahole) (...


Apr 12 2017

Dr. Andani Gowda Professor of Agronomy Agricultural College, Bangalore ...

Court: Karnataka

Decided on: Apr-12-2017

(Prayer: This Petition is filed under Articles 226 and 227 of the constitution of India, praying to direct the respondents to continue the service of the petitioner till he attains the age of 65 years; quash the order/letter dated 25.10.2012 passed by 3rd respondent vide Annexure-E as arbitrary, violative of Articles 14, 16 and 21 of the constitution of India etc.) 1. The petitioner, a Professor of Agronomy in the University of Agricultural Sciences, Bengaluru 560 065, filed this writ petition to quash the communication dated 25.10.2012 as at Annexure-E issued by the 3rd respondent, in so far as it relates to him and for issuing of a writ in the nature of mandamus against the respondents to continue him in service until the attaining of the superannuation age of 65 years. 2. By issuing Annexure-E, the 3rd respondent notified that the petitioner would retire from service on 31.05.2013, with the attaining of the superannuation age of 62 years. The petitioner claims that he having opted...


Apr 12 2017

Soniya Sunil Mule and Others Vs. Vishnukanth Narasappa Jamadar and Ano ...

Court: Karnataka Kalaburagi

Decided on: Apr-12-2017

B. Veerappa, J. 1. Though the matter is listed for admission, with the consent of learned counsel appearing for both the parties, it is taken up for final disposal. 2. The claimants who are the wife, parents, brother and sister of the deceased have filed the present appeal for enhancement of compensation against the judgment and award 13-8-2015 made in MVC No. 552/2012 on the file of II Addl. District and Sessions Court and Addl. MACT. Bidar, sitting at Basavakalyan (hereinafter referred to as 'Tribunal' for short), awarding compensation of Rs.8,99,000/- with interest at 7% per annum from the date of petition till realization. 3. It is the case of claimants before the Tribunal that on 25-5-2013 at about 11.30 a.m., deceased Sunil was proceeding to his shop situated at Bhalki on his motorcycle bearing No.MH-14/AC-6759. When he reached near Dadgi village on Bhalki-Basavakalyan road, a lorry bearing No.KA-39/4467 came from back side in a rash and negligent manner, dashed against him and c...


Apr 12 2017

sir.basetti S/O Mallappa Chimmalagi, Vs. The Mamber Secretary And

Court: Karnataka Dharwad

Decided on: Apr-12-2017

:1. : R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS12H DAY OF APRIL, 2017 BEFORE HON' BLE MR. JUSTICE B.SREENIVASE GOWDA WP NO10190 OF2017(GM-RES) BETWEEN1 SRI.BASETTI S/O MALLAPPA CHIMMALAGI, AGE-32 YEARS, OCC-STUDENT R/AT: NEAR RAILWAY STATION ROAD BEHIND VASTRAD HOUSE BAGALKOT-587101 ... PETITIONER (By Sri. SHIVANAGOL VEERABHADRA, ADVOCATE) AND1 THE MEMBER SECRETARY AND CHIEF EXECUTIVE OFFICER COMMITTEE FOR APPOINTMENT OF PERSONNEL, BAGALKOT DISTRICT CO-OPERATIVE BANK LTD. BAGALKOT58710. (By Sri. R D DESAI & Sri. MANJUNATH KARIGANNAVAR, ADVOCATES) ... RESPONDENT :2. : THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION BEARING, NO: ADALITA/SIBBANDI/NEMAKATI/4510/2016, BAGALKOT, DATED:16.12.2016, PRODUCED AT ANNEXURE-F ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING ORDER Heard Sri. Shivanagol Veerabhadra, the learned counsel for the petitioner and Sri. R....


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