Karnataka Court April 2017 Judgments
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H. Ananda Murthy Vs. Shreekantachar
Court: Karnataka
Decided on: Apr-05-2017
(Prayer: This Petition is filed under S.18 of the Karnataka small causes courts Act, against the order dated 27.10.2016 passed on I.A.No.6 S.C.No.889/2014 on the file of the VIII Addl. SCJ and XXXIII ACMM., Member, MACT, Bengaluru allowing the IA No.6 filed under Order 8 Rule 1-A r/w S.151 of CPC, seeking production of Mortgage deed dated 28.10.2005 entered into between the father of plaintiff and this defendant.) 1. This is plaintiff s Civil Revision Petition arising from a suit for ejectment. The suit was instituted for passing a decree of ejectment against the defendant to deliver possession of the plaint schedule premises. Suit is at the stage of trial. The defendant filed I.A.No.5 for recalling PW-2 for further cross-examination on the premise that there is need to produce an additional document to establish the defence. Application was rejected on the ground that the defendant had not stated in the written statement about the alleged mortgage. Assailing the said order a Civil Rev...
Gangamathasthra Meenugarara Sahakara Sangha, (Regd.,), Represented by ...
Court: Karnataka Kalaburagi
Decided on: Apr-05-2017
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of mandamus and direct the respondents to consider the application filed by the petitioner for registration of the lease, the copy of which is at Annexure-E and etc.) 1. It is unfortunate that the petitioner Gangamathasthra Meenugarara Sahakara Sangah is before this Court for a writ of mandamus directing the respondents to consider the application filed by the petitioner for registration of the lease as per Annexure E. 2. It is the case of the petitioner that the petitioner Society is registered under the Societies Registration Act with the sole object of carrying on the business in fisheries. There is a huge lake (Kere) known and called as Rajesh Kere spread over about almost 100 hectares of land in Merched village of Raichur Taluka. The said lake was formed prior to the independence. The Government of Karnataka in order to harness the fisheries all ...
Rathnamma Vs. Dyamanna
Court: Karnataka
Decided on: Apr-05-2017
(Prayer: This RSA is filed under Section 100 CPC., 1908 against the Order Dated 05.12.2016 passed in R.A.No.230/2016 on the file of the Senior Civil Judge and JMFC., Hosadurga, dismissing the appeal and confirming the Judgment and Decree Dated 08.01.2016 passed in O.S.No.325/2014 on the file of the Civil Judge and JMFC., Hosadurga. 1. Heard the learned counsel for the appellant with regard to the admission of the appeal. Perused the records. 2. For the purpose of easy understanding and convenience, the ranks of the parties, as per their ranks before the trial Court, is retained. 3. The plaintiff filed a suit for declaration and possession of suit schedule property and also for damages of Rs.500/- per month for occupation of the suit schedule property illegally by the defendants. It is the case of the plaintiff that the Government through Tahasildar, Hosadurga granted a site situated in Hosadurga under Ashraya Yojana in the year 1996-1997. According to the site granted, the khata was ma...
Balbheem Vs. Sudhip and Another
Court: Karnataka Kalaburagi
Decided on: Apr-05-2017
(Prayer: This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act against the judgment and award dated 02.09.2014 passed in M.V.C.No.1007/2013 on the file of III Addl. Senior Civil Judge and MACT, Gulbarga, partly allowing the claim petition and seeking enhancement of compensation.) B. Veerappa, J. 1. Though the matter is listed for admission, with the consent of learned advocates appearing for both the parties, this appeal is taken up for final disposal. 2. Appellant-petitioner herein filed the present appeal for enhancement of compensation against judgment and award passed MVC No.10007/2013 dated 02.09.2014 on the file of III Addl. Senior Civil Judge and MACT at Gulbarga awarding compensation of Rs.2,47,986/- with 6% interest from the date of claim petition till realization. 3. It is the case of appellant-petitioner that on 06.04.2013 at about 5.15 p.m. when the appellant-petitioner after completion of his meson work at Kesaratagi village was proceeding to Gulbarga b...
Laxmi and Others Vs. Maruthi and Another
Court: Karnataka Kalaburagi
Decided on: Apr-05-2017
(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act 1988, praying to call for records and allow the appeal and enhance the compensation as claimed in the claim petition by modifying the Judgment and Award dated 30.7.2014 passed in M.V.C.No.357/2013 by the Addl. Senior Civil Judge and Addl. MACT-II, Bidar.) B. Veerappa, J. 1. By consent the learned counsel appearing for both the parties, this appeal is taken up for final disposal. 2. The unfortunate appellants are before this court seeking enhancement of compensation against the judgment and award dated 30.7.2014 made in MVC No.357/2013 on the file of the Prl. Senior Civil Judge and CJM and MACT-II, Bidar awarding compensation of Rs.9,68,000/- with interest at 6% p.a. from the date of petition till the date of realization. 3. The 1st appellant is the wife, appellants No.2 to 5 are the children and appellant No.6 is the mother of the deceased Sidram @ Sidramappa contending that on 25 11.2012 at a...
Narayan and Others Vs. M/s. Sundaram Pvt. Ltd., and Another
Court: Karnataka Kalaburagi
Decided on: Apr-05-2017
(Prayer: This Miscellaneous First Appeal is filed under Section 173(1) of Motor Vehicle Act, praying to enhance the compensation amount payable to the appellant by suitably modifying the judgment and award dated 28.06.2014 passed by the learned Member, MACT and FTC, Bijapur, in MVC No.578/2010.) B. Veerappa, J. 1. Claimants who are father, mother and younger brother of the deceased are before this court for enhancement of compensation against the Judgment and Award dated 28.06.2014 made in MVC.No.578/2010 on the file of Member of Motor Accident Claims Tribunal and Fast Track Court, Vijayapur awarding compensation of Rs.10,05,000/- with 6% interest per annum from the date of the petition till realization. 2. It is the case of the claimants before Tribunal that on 30.03.2010 deceased Kiran Narayan Pawar and the injured were travelling in Motor Cycle bearing Reg.No.MH-13/AP-9468 at about 02.15 P.M. from Sholapur to Pandhrapur and near Kamati village, a Container bearing Reg.No.TN-01/AD-31...
Bhawna Vs. Pankaj Kumar
Court: Karnataka
Decided on: Apr-05-2017
(Prayer: This MFA is filed under Section 19(1) of Family Court Act against the judgment and decree dated 10.03.2015 passed in M.C.No.3509/2012 on the file of the I Additional Principal Judge, Family Court, Bengaluru, dismissing the petition filed under Section 13(1) (ia)(ib) of Hindu Marriage Act.) Ashok B. Hinchigeri, J. 1. This appeal is directed against the judgment and decree, dated 10.03.2015 passed by the Court of the I Additional Principal Judge, Family Court, Bengaluru in M.C.No.3509/2012. 2. The facts of the case in brief are that the marriage between the parties herein was solemnized on 31.10.1998 at Shiv Hari Milap Bhavan, Adarsh Nagar, Jaipur. Invoking Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, the appellant filed M.C.No.3509/2012 seeking the relief of the dissolution of her marriage with the respondent. The allegations of the appellant in a nutshell are that the respondent took full control of the bank accounts of the appellant. The amounts earned by her b...
Sri. H. Ananda Murthy Vs. Sri. Shreekantachar
Court: Karnataka
Decided on: Apr-05-2017
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE5H DAY OF APRIL, 2017 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA CIVIL REVISION PETITION NO.481/2016 BETWEEN: SRI H.ANANDA MURTHY S/O. SRI HUCHIRACHAR AGED ABOUT48YEARS, RESIDING AT NO.2/A, V.P.KATHA NO.377 HOUSE LIST NO.35/1 PID NO.41-99-2/A, GROUND FOOR, REVANNA SIDDESWARA NILAYA 2ND CROSS, AVALAHALLI GEF POST, MYSORE ROAD, BANGALORE - 560 026. (BY SRI K.P. ASOKUMAR, ADV.) AND: SRI SHREEKANTACHAR S/O. LATE SRI CHENNAPPACHAR AGED ABOUT67YEARS, RESIDING AT NO.35/1 NEW NO.2/A, REVANNA SIDDESWARA NILAYA 1ST FLOOR, 2ND CROSS, AVALAHALLI, ... PETITIONER2MYSORE ROAD BANGALORE - 560 026 (BY SRI R.B. SADASIVAPPA, ADV.) ... RESPONDENT THIS PETITION DATED2710.2016 IS FILED UNDER S.18 OF THE KARNATAKA SMALL CAUSES COURTS ACT, AGAINST THE ORDER I.A.NO.6 S.C.NO.889/2014 ON THE FILE OF THE VIII ADDL. SCJ AND XXXIII ACMM., MEMBER, MACT, BENGALURU ALLOWING THE IA NO.6 FILED UNDER ORDER8RULE1A R/W S.151 OF CPC, PRODUCTION OF MO...
K Ballarigowda Vs. Sarojamma
Court: Karnataka
Decided on: Apr-05-2017
1 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE5H DAY OF APRIL, 2017 BEFORE THE HONBLE MR.JUSTICE K. N. PHANEENDRA R.S.A No.102/2013 (DEC & INJ) BETWEEN K. BALLARIGOWDA, S/O BALLARIGOWDA, AGED ABOUT46YEARS, R/AT TADAGAVADI VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT. ... APPELLANT (BY SRI. K. N. MOHAN, ADVOCATE ) AND SAROJAMMA, W/O NANJUNDARADHYA, AGED ABOUT58YEARS, R/O TADAGAVADI VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT. ... RESPONDENT (BY SRI. V. SRINIVAS, ADVOCATE FOR C/R.) THIS RSA IS FILED U/S100OF CPC., AGAINST THE JUDGMENT AND DECREE DATED1210.2012 PASSED IN R.A.NO.59/2010 ON THE FILE OF THE PRINCIPAL CIVIL JMFC, SRIRANGAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED308.2010 PASSED IN O.S.NO.75/2006 ON THE FILE OF (SR.DN.) AND JUDGE2PRINCIPAL CIVIL SRIRANGAPATNA. JUDGE (JR.DN.) AND JMFC, THIS RSA COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT Heard the learned counsel f...
k.b. Vittal Rai Vs. The State Transport Authority
Court: Karnataka
Decided on: Apr-05-2017
R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE5H DAY OF APRIL, 2017 BEFORE THE HONBLE MRS.JUSTICE S.SUJATHA W.P.Nos.25243 25247/2015 c/w W.P.Nos.26263 26264/2015 (MV) IN W.P.Nos.25243 25247/2015: BETWEEN :1. K.B. VITTAL RAI S/O BHANDARI RAI, AGE56YEARS, VIJAYALAKSHMI NIVAS KADIRI KAMBLA, NEW ROAD, MANGALURU-575004 SRI NELSON PEREIRA S/O LATE D.M.G. PEREIRA AGE58YEARS, NO.25-14-863, FERROR COLONY, VALENCIA, MANGALURU-575002 Smt.E.PEREIRA W/O NELSON PEREIRA AGE52YEARS, NO.25-14-863, FERROR COLONY, VALENCIA, MANGALURU-575002 Smt.SHAILINI R. JAIN W/O RATHNAKAR JAIN, AGE48YEARS, UPASANA, KADRI TEMPLE ROAD, MANGALURU-575004 SRI GOPALA KRISHNA SHETTY S/O BHASKARA SHETTY, AGE58YEARS, VINAYADURGA NIVAS, 2.3. 4.5. THALAPADY, MANGALURU-575004 - 2 - ...PETITIONERS (BY SRI M.E.NAGESH, ADV.) THE STATE TRANSPORT AUTHORITY BMTC BUILDING, K.H. ROAD, BENGALURU-560027 BY ITS SECRETARY KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H. ROAD, SHANTHI NAGAR, BENGALURU-560027 BY MANAGING DIRECT...
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