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Karnataka Court July 2017 Judgments

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Jul 21 2017

Lakshminarasamma and Another Vs. Ramanna and Others

Court: Karnataka

Decided on: Jul-21-2017

(This RFA under Section 96 of CPC., against the Decree dated 13.12.2016 passed in O.S.No.10/2014 on the file of the II Additional Senior Civil Judge and JMFC, Tumakuru., dismissing the suit for partition and separate possession. Cancellation of documents.) S. Sujatha, J. This appeal is directed against the Judgment and decree passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014. 2. For the sake of convenience, the parties are referred to as per their status/title in the trial Court. 3. Facts in brief are: The plaintiffs/appellants herein filed O.S.No.10/2014 for partition and separate possession against the defendants. The subject matter of the suit are the properties bearing: i). Sy.No.No.94/1 measuring 2 acres 14 guntas inclusive of 11 guntas of kharab assessed at Rs.1.87 paise, sisutated at Belgumba village, Kasaba Hobli, Tumkur Taluk. ii). 0.28.05 guntas assessed at Rs.4.68 paise acres 6 guntas at Belagumba village, Kasaba Hobli, Tumkur Taluk. 4. The...


Jul 21 2017

Smt Lakshminarasamma Vs. Sri Ramanna

Court: Karnataka

Decided on: Jul-21-2017

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF JULY2017PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MRS.JUSTICE S.SUJATHA R.F.A.No.502/2017 BETWEEN :1. 2. SMT.LAKSHMINARASAMMA W/O SRI SIDDAIAH D/O LATE RAMAIAH AGRICULTURIST, AGED ABOUT63YEARS R/AT BELAGUMBA THOTA KASABA HOBLI-581301 TUMKUR TALUK & DISTRICT. SMT.SIDDAGANGAMMA W/O SRI G.K.SIDDARAJU D/O LATE RAMAIAH AGED ABOUT53YEARS AGRICULTURIST, R/AT No.14/250, HANUMANTHANAGAR GUBBI TOWN 581301 TUMKUR DISTRICT. APPELLANTS (BY SRI.K.SUBBA RAO, SENIOR COUNSEL FOR SRI.SATHEESHA.K.N., ADVOCATE) AND:1. SRI.RAMANNA S/O LATE RAMAIAH AGED ABOUT65YEARS2SRI.LAKSHMANA S/O LATE RAMAIAH AGED ABOUT63YEARS SRI.RAMAKRISHNA S/O LATE RAMAIAH AGED ABOUT55YEARS SRI.MANJUNATHA S/O LATE RAMAIAH AGED ABOUT48YEARS RESPONDENTS1TO4ARE R/AT BELAGUMBA VILLAGE KASABA HOBLI POST BELAGUMBA 581301 TUMKUR TALUK & DISTRICT. SRI.MAHESH.G. S/O SRI.GOVINDARAJU AGED ABOUT29YEARS R/AT No.B-303, BRIGADE REGENCY17H CROSS, MALLESWARAM BE...


Jul 20 2017

United India Insurance Co., Ltd., Campo Towers, Mangalore, Rep. By Its ...

Court: Karnataka

Decided on: Jul-20-2017

(This MFA is filed under Section 173(1) of MV Act against the judgment and award Dated:29.09.2015 passed in MVC No.1639/2012 on the file of the III Additional Senior Civil Judge, MACT, Mangalore, D.K., awarding compensation of Rs.65,60,347/- with interest @ 6% p.a. from the Date of petition till realization.) K.S. Mudagal, J. This appeal arises out of the judgment and award passed by the III Addl. Sr. Civil Judge and MACT - VI, Mangalore, Dakshina Kannada in MVC No.1639/2012. By the impugned award, the Tribunal has awarded compensation of Rs.65,60,347/- to the claimants.2. Respondents 1 to 3 are the claimants/petitioners and respondent no.4 is the owner/first respondent and the appellant is the second respondent before the Tribunal. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the Tribunal.3. Claimant no.1 is the wife and claimant no.2 and 3 are the sons of deceased S T Devaraju. On 16.07.2012 at 6.30 AM when S T Devaraju was traveli...


Jul 20 2017

S.M. Nagaraju and Others Vs. The Advocates Associates (Regd.) Court Co ...

Court: Karnataka

Decided on: Jul-20-2017

(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to set aside the calender of events published by the R-3 / Election Officer of 29.6.2017 and the modified calender of events published on 01.07.2017 vide Annexure-X and Y or alternatively, direct the R-3 /Election Officer to hold the Election by treating the final members list prepared and published by the executive committee as per Annexure-M or the list prepared by the R-1 association as per Annexure-N.) The petitioners' grievance is that the election to the Executive Committee of Advocates' Association, Channapatna is being held on the basis of the list of members/voters prepared by the third respondent and not on the basis of the list of members/voters prepared by the Executive Committee of the said Association in accordance with its bye-laws. 2. Sri K.N. Puttegowda, the learned counsel for the petitioners submits that the petitioner No.1 is indeed the founder of the said Associa...


Jul 20 2017

Embassy One Vs. Sri Neil Kapoor

Court: Karnataka

Decided on: Jul-20-2017

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF JULY2017BEFORE THE HONBLE MRS.JUSTICE RATHNAKALA CRIMINAL REVISION PETITION NO.745/2017 BETWEEN: EMBASSY ONE DEVELOPERS PRIVATE LIMITED INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT: NO.150, FIRST FLOOR, EMBASSY POINT INFANTRY ROAD, BENGALURU 560 001 REP. BY ITS AUTHORIZED SIGNATORY MR.B.S.MOHAN S/O SHIVAIAH AGED ABOUT50YEARS NO.2253, 1 FLOOR, 22ND CROSS BSK2D STAGE BENGALURU 560 070. (BY SRI K.G.RAGHAVAN, SENIOR ADVOCATE A/W M/S MAHESH & CO., ADVS.) AND:1. PETITIONER SRI NEIL KAPOOR S/O MR.VINOD KUMAR KAPOOR AGED ABOUT39YEARS RESIDING AT M-26 GREATER KAILASH PART-2, NEW DELHI 110 048. SMT.PUNAM KAPOOR W/O MR.VINOD KUMAR KAPOOR AGED ABOUT63YEARS RESIDING AT10 EXECUTIVE DRIVE2 3.4.5. 2 GORMLEY, ONTARIO LOH160CANADA ALSO AT M-26 GREATER KAILASH PART-2 NEW DELHI 110 048. SRI RAKESH SHARMA S/O SRI YASH PAL SHARMA AGED ABOUT60YEARS RESIDING AT4391B5 & 6 VASANT KUNJ NEW DELHI 110 070. SRI VIVE...


Jul 20 2017

Shri Durgappa Vs. Nagamma

Court: Karnataka

Decided on: Jul-20-2017

R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE20H DAY OF JULY, 2017 :BEFORE: THE HONBLE MR.JUSTICE K.N. PHANEENDRA R.S.A. No.209/2013 (RES) BETWEEN: SHRI. DURGAPPA, SINCE DEAD REP. BY HIS LRS1A) KARIAMMA W/O LATE DURGAPPA, 1(B) DURGAPPA S/O LATE DURGAPPA, AGED ABOUT70YEARS, OCC: AGRICULTURE, R/O HOSAKUNDAVADA, TQ & DIST, DAVANGERE. AGED ABOUT55YEARS, OCC: AGRICULTURE, R/O HOSAKUNDAVADA, TQ & DIST, DAVANGERE. AGED ABOUT46YEARS, OCC: AGRICULTURE, R/O HOSAKUNDAVADA, TQ & DIST, DAVANGERE. AGED ABOUT53YEARS, OCC: AGRICULTURE, R/O HERITHOGALERI, TQ & DIST, DAVANAGERE. 1(C) HANUMAPPA W/O BASAPPA, 1(D) BASAPPA S/O LATE DURGAPPA, 1(E) MANJAMA W/O LINGAPPA, 1(F) RENUKAMMA W/O THIPPESHI, AGED ABOUT43YEARS, OCC: AGRICULTURE R/O SIRMAGUNDANAHALLI, TQ & DIST, DAVANGERE. 2 AGED ABOUT40YEARS, OCC: AGRICULTURE, R/O ICHAGATTA, TQ & DIST, DAVANGERE.-. APPELLANTS NAGAMMA, W/O LATE GURGAPPA, AGED MAJOR, OCC: HOUSEHOLD, R/O HASAKUNDAVA VILLAGE, DIST. DAVANAGERE. DEAD R-2,3(A-D), R-4 & 7 ARE LRS ...


Jul 19 2017

D. Jerome Jay Kumar Vs. D. Phillip

Court: Karnataka

Decided on: Jul-19-2017

(Prayer: This Criminal Revision petition is filed under Section 397 r/w 401 of Cr.P.C., praying to set aside the judgment dated 14.09.2015 passed in Crl.A.No.25001/2015 by the LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bangalore and judgment and sentence dated 10.12.2014 passed by the XIV A.C.M.M., Bangalore in C.C.No.35318/2010 convicting the petitioner and dismiss the complaint in C.C.No.35318/2010 on the file of XIV A.C.M.M., Bangalore.) The judgment of conviction and sentence recorded by the XIV Addl.CMM., Bangalore, in a proceedings under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for brevity) upheld by the lower appellate court is under attack in this revision petition. 2. Parties will be referred to as per their ranking before the Trial Court. 3. The complainant after issuance of statutory notice to the accused lodged a private complaint under Section 200 of the Cr.P.C. before the jurisdictional court alleging offence under Section 138 of ...


Jul 19 2017

R. Kiran Kumar Vs. State of Karnataka Department of Human Rights and J ...

Court: Karnataka

Decided on: Jul-19-2017

(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in W.P.No.49460 of 2016 dated 28.9.2016.) The writ petitioner is the appellant before us. 2. On December 30, 2014, he was appointed as a Peon in the City Civil Court on probation for two years. On July 14, 2016, during his probation period, he was discharged holding, inter alia, that he was not suitable to hold the post for which he was appointed. No stigma was imputed against him.3. Under Rule 6 of the Karnataka Civil Services (Probation) Rules, 1977, the appointing authority can discharge a probationer on account of his unsuitability for the service of the post.4. The writ petitioner could not establish that there was any mala fide or that the order was passed as a punitive measure.5. The Hon'ble Single Judge rightly dismissed the writ petition. We do not find any merit in the writ appeal.6. Therefore, the writ appeal stands dismissed.7. We are now informed by Mr....


Jul 19 2017

M P Gundappa Vs. State of Karnataka

Court: Karnataka

Decided on: Jul-19-2017

WP.11063/2014 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF JULY, 2017 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.No.11063/2014 (LA-BDA) BETWEEN M.P.GUNDAPPA, AGED ABOUT68YEARS, SON OF LATE PUTTASHAMAIAH, R/AT ANJANADRI, MALLATHAHALLI MAIN ROAD, BANGALORE-560056. ... PETITIONER (By Sri C.M.NAGABUSHANA, ADV.) AND1 STATE OF KARNATAKA, BY ITS SECRETRY, DEPARTMENT OF URBAN DEVELOPMENT, M S BUILDINGS, BANGALORE-560001. BANGALORE DEVELOPMENT AUTHORITY, K.P.WEST EXTENSION, BANGALORE-560020, REP. BY ITS COMMISSIONER. THE ADDITIONAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, K.P.WEST EXTENSION, BANGALORE-560020.2.3. ... RESPONDENTS (By *Sri VIJAYAKUMAR A.PATIL, AGA FOR R-1, Sri C.R.GOPALASWAMY, ADV. FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED VIDE PRLY. *Corrected vide Chamber Order dated 12.09.2017 WP.11063/2014 2 NOTIFICATION DT.19.1.1989 AT...


Jul 18 2017

Sri. Munibyrappa Vs. State of Karnataka

Court: Karnataka

Decided on: Jul-18-2017

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF JULY, 2017 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.Nos.32950-951/2015 c/w W.P.Nos.32917-933/2015, W.P.Nos.32934-949/2015 (LA-BDA) IN W.P.Nos.32950-951/2015: BETWEEN1 SRI. MUNIBYRAPPA S/O LATE MUNIYAPPA, R/AT ULLALU VILLAGE, YESHWANTHAPURA HOBLI, BAGALORE NORTH TALUK, BANGALORE560010. SRI BASAPPA AGED65YEARS, R/AT ULLALU VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE560010.2. ... PETITIONERS (By Sri Y.R.SADASHIVAREDDY, SR.COUNSEL FOR Sri N.CHANNAKRISHNAPPA, ADV.) AND1 STATE OF KARNATAKA REP BY ITS SECRETRAY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE56000. 2.3.4. 2 BANGALORE DEVELOPMENT AUTHORITY, REP BY ITS COMMISSIONER T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE56002. THE DEPUTY COMMISSIONER (LAND ACQUISITION) T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE56002. THE ADDITIONAL LAND ACQUISITION OFFICER T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE56002. ... RESPONDENTS (By Sri VIJAYAKUMAR A.PATIL, ...


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