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Feb 24 2020 (HC)

Sri. H H Jyotendra Sinhji Vikramsinhji Vs. Amit Roy

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE24H DAY OF FEBRUARY, 2020 R BEFORE THE HONBLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.52330 OF2019(GM-CPC)BETWEEN : ... PETITIONER SRI. H.H.JYOTENDRA SINHJI VIKRAMSINHJI AGED APPROX76YEARS, S/O LATE VIKRAMSINHJI R/AT GONDAL PALACE GONDAL, GUJARAT360311 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER GIRISH RAMNIKLAL BARBHAYA AGED ABOUT62YEARS, S/O LATE RAMANIK LAL BARBHAYA R/AT NO.1, JAYAMAHAL PALACE HOTEL JAYAMAHAL ROAD, BENGALURU560046. (BY SRI. GOWRISHANKAR.C, ADVOCATE) AND: AMIT ROY S/O LATE ASHIT ROY AGED ABOUT43YEARS, RESIDING AT F-702, MANTRI ESPANA APARTMENTS, BELLANDUR OUTER RING ROAD, BELLANDUR, MARATHAHALLI BENGALURU560103. (BY SRI. VITTAL B.R., ADVOCATE)... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE227OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.15.10.2019 IN IA NO.58 AND59PASSED BY THE COURT OF XXXI ADDITIONAL CITY CIVIL COURT (CCH14 BENGALURU VIDE ANNEXURE-K CONSEQUENTLY ALLOW THIS W...

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Feb 20 2020 (HC)

Aziz Pasha Vs. The Assistant Commissioner

Court : Karnataka

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF FEBRUARY2020PRESENT THE HONBLE MR. JUSTICE ALOK ARADHE AND THE HONBLE MR. JUSTICE RAVI V.HOSMANI M.F.A. NO.1010 OF2014C/W M.F.A.NO.2050/2014 (LAC) AZIZ PASHA SINCE DEAD BY LRS. M.F.A. NO.1010 OF2014BETWEEN :1. d) a) b) c) NOOR PASHA S/O LATE AZIZ PASHA AGED37YEARS. AHAMMED PASHA S/O LATE AZIZ PASHA AGED35YEARS. BIBI AYESHA D/O LATE AZIZ PASHA AGED28YEARS. BIBI SARA D/O LATE AZIZ PASHA AGED27YEARS. ABDUL RAKHEEB AHAMMED S/O LATE ABDUL AZIZ SAAB AGED46YEARS. e) IMRAN PASHA S/O LATE AZIZ PASHA AGED25YEARS. SHAKEELA KALEEM W/O LATE KALEEM PASHA AGED59YEARS.2. 3.4. MOHAMMED MUYEEDULLA S/O LATE REHMAN SHARIF AGED41YEARS.5. MALIK PASHA6 NAVEED PASHA W/O LATE ANWAR PASHA AGED30YEARS. S/O LATE MOHAMOOD PASHA AGED31YEARS. 2 ALL ARE R/AT. BEHIND NEW KSRTC STATION B.M. ROAD, HUNSUR-571105. 2 TO6ARE R/AT. HOUSE NO.1611 BAZAAR ROAD, HUNSUR TOWN-571105.... APPELLANTS (By Sri. PADMANABHA V. MAHALE, SENIOR COUNSEL FOR Sri. H.H. KALA...

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Feb 20 2020 (HC)

Smt. Sharada Vs. sri.d.selvam

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF FEBRUARY2020BEFORE THE HONBLE MR.JUSTICE N.S.SANJAY GOWDA M.F.A NO.65 OF2017C/W M.F.A NO.1984 OF2017IN M.F.A.NO.65/2017 SMT.SHARADA, W/O LATE CHIKKARAMAIAH @ CHIKKARAMU, AGE:40. YEARS, OCC:HOUSE WIFE, R/AT2179, GEDDALAHALLI, BENGALURU560094.BETWEEN : 1.2. SRI.MOHAN KUMAR C @ MOHAN, S/O LATE CHIKKARAMAIAH @ CHIKKARAMU, AGE25YEARS, OCC: ELECTRICIAN, BOTH ARE R/AT NO.399, ULLAL UPANAGAR, 6TH CROSS, NEW BUS STAND, BENGALURU56 (BY SRI.SURESH M.LATHUR, ADVOCATE) APPELLANTS2SRI.D.SELVAM, S/O LATE DHAMALINGAM, SINCE DECEASED REPRESENTED BY HIS LRS SMT.VIJAYA, W/O SELVAM D., NO.396/A, 9TH MAIN ROAD, VIJAYANAGAR, BENGALURU40 THE REGIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., NO.9/2, MAHALAKSHMI COMPLEX, M.G.ROAD, II FLOOR, OPP. AJANTHA HOTEL, BENGALURU560001. RESPONDENTS AND: 1.2. (BY SRI.C.N.SATYANARAYANA SHASTRI, ADVOCATE FOR R1; SRI.K.POORNABODHA RAO, ADVOCATE FOR R2) THIS M.F.A. IS FILED UNDER SECTION1731) OF MV ACT AGAI...

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Feb 20 2020 (SC)

Shri Partap Singh (Since Dead) Thr His Lrs. . Vs. Shiv Ram (Since Dead ...

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1511 OF2020(ARISING OUT OF SLP (CIVIL) No.725 OF2017 SHRI PARTAP SINGH (DEAD) THROUGH LRS. & ORS. .....APPELLANT(S) VERSUS SHIV RAM (DEAD) THROUGH LRS. .....RESPONDENT(S) JUDGMENT HEMANT GUPTA, J.1. 2. The present appeal is directed against an order passed by the High Court of Himachal Pradesh on 19th September 2016 whereby the defendant's second appeal was allowed and the suit for a permanent injunction, mandatory injunction and rendition of accounts was dismissed. The suit was filed by plaintiff No.1 claiming himself to be the owner of land measuring 53 Bighas 11 Biswas and plaintiff No.2 claiming herself to be the owner of land measuring 12 Bighas 16 Biswas. The plaintiff No.1 claimed to be ex-ruler of an erstwhile princely state of Dhami and that had been getting his property managed through 1 various persons. The assertion of the plaintiffs is that the defendant was appointed as a Manager to look...

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Feb 20 2020 (SC)

md.younus Ali Tarafdar Vs. The State of West Bengal

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 119 of 2010 Md. Younus Ali Tarafdar .... Appellant(s) The State of West Bengal Versus .Respondent(s) JUDGMENT L. NAGESWARA RAO, J.The present Criminal Appeal arises from the 1. judgment of the High Court of Calcutta by which the conviction of the Appellant under Section 302 read with Section 34 and Section 201 read with Section 34 of the Indian Penal Code (hereinafter referred to as the IPC) was affirmed.2. On 20.03.1984, a phone call was received from Bhaskar Gupta, PW6by Rajarhat Police Station that a dead body was found in a well inside the garden. The Investigating Officer PW20 reached the place of [1]. occurrence at 6.05 p.m. and saw a body floating in the well. The dead body could not be taken out as it was dark by then. A First Information Report was registered and the sketch map of place of incident was prepared. The body was brought out of the well the next day. PW18Dr. Santosh Kuma...

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Feb 19 2020 (HC)

The General Manager Vs. H C Jayaprakash

Court : Karnataka

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE19H DAY OF FEBRUARY, 2020 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M.I.ARUN WRIT APPEAL No.267 OF2017L-RES)BETWEEN : THE GENERAL MANAGER VIJAYA BANK HEAD OFFICE, NO.4M.G. ROAD BENGALURU560001 NOW REPRESENTED BY SENIOR MANAGER... APPELLANT (BY SRI.PRADEEP S. SAWKAR, ADVOCATE) AND: H.C. JAYAPRAKASH SON OF LATE H.C.M. GIRI RAO AGED ABOUT64YEARS RESIDING AT GIRIDHAMA NO.239/1, SHARANAPPA LAYOUT TIPTUR527201... RESPONDENT (BY SRI.K.B. NARAYANA SWAMY, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT PRAYING TO2SET ASIDE THE ORDER DATED0311.2016 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.12961 OF2015L-RES) AND CONSEQUENTLY DISMISS THE WRIT PETITION WITH COSTS. THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED ON2001.2020 FOR JUDGMENT AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, M.I.ARUN J., DELIVERED THE FOLLOWING: JUDGMENT Aggrieved by the order dated 03.11....

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Feb 19 2020 (HC)

Sri Ansar Ali Vs. Sri Shaheed Shaik

Court : Karnataka

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF FEBRUARY2020BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.3296 OF2014(MV-I)BETWEEN : SRI ANSAR ALI, S/O MOHAMMED HUSSAIN, AGED ABOUT40YEARS, OC: MECHANIC, R/O. NO.403, 6TH CROSS, GANGONAHALLI, MEKKA MASZID ROAD, BANGALORE-560 039. ...APPELLANT (BY SRI SURESH M LATUR, ADVOCATE) AND:1. SRI SHAHEED SHAIK, S/O MEHABOOB SHAEB, R/O BHARATHI ENGINEERING WORKS, CIVIL BUS STAND, M.C. ROAD, MANDYA-571 401.2. THE REGIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, UNITY BUILDING, MISSION ROAD, BANGALORE-560 027. RESPONDENTS (BY SRI E.D.SANMATHI, ADVOCATE FOR R2, NOTICE TO R1 DISPENSED) 2 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION1731) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28. 10.2013 PASSED IN MVC NO.653/2010 ON THE FILE OF THE XII ADDL. SMALL CAUSES JUDGE AND MEMBER, MACT, BANGALORE (SCCH-8), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. DA...

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Feb 19 2020 (SC)

Sanjeev Kapoor Vs. Chandana Kapoor

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.286 OF2020(ARISING OUT OF SLP(CRL.)NO.1041 OF2020 SANJEEV KAPOOR CHANDANA KAPOOR & ORS. ... APPELLANT VERSUS ... RESPONDENTS JUDGMENT ASHOK BHUSHAN, J.This appeal has been filed against the judgment of the High Court of Punjab and Haryana at Chandigarh dated 05.11.2019 in CRM-M-4663 of 2019 filed by the appellant for setting aside the order dated 05.01.2019 passed by the Addl. Principal Judge, Family Court, Faridabad. The High Court dismissed the petition filed under Section 482 Cr.P.C. by the appellant.2. Brief facts of the case necessary for deciding this appeal are: The appellant was married to respondent No.1 on 04.11.1998. On 17.08.199 a daughter was born and on 2 18.07.2005 a son was born out of their wedlock. An application under Section 125 Cr.P.C. was filed by respondent No.1 on 09.07.2013 against her husband claiming maintenance for respondent No.1 as well as respondent Nos.2 and 3,...

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Feb 19 2020 (SC)

M/S. Ananda Social and Educational Trust Vs. The Commissioner of Incom ...

Court : Supreme Court of India

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).5437-5438/2012 M/S. ANANDA SOCIAL AND EDUCATIONAL TRUST ..APPELLANT(S) THE COMMISSIONER OF INCOME TAX & ANR. ..RESPONDENT(S) VERSUS WITH CIVIL APPEAL NO.4702/2014 CIVIL APPEAL NO.1727/2020 (@SLP(C) NO.25761/2015) ORDER CIVIL APPEAL NO(S).5437-5438/2012 We have heard learned counsel appearing for the parties and perused the impugned Judgment(s) and Order(s) passed by the High Court of Karnataka. In our considered view, the reasons assigned by the High Court in passing the impugned judgment(s) and order(s) need no interference as the same are in consonance with law. Accordingly, there is no merit in these appeals and they are dismissed. 2 CIVIL APPEAL NO.4702/2014 This appeal has been preferred by the appellant - Director of Income Tax against the impugned judgment and order passed by the Delhi High Court holding that a newly registered Trust is entitled for registration under section 12AA of the I...

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Feb 19 2020 (SC)

Suresh Chand and Anr. Vs. Suresh Chander (D) Thr. Lrs.

Court : Supreme Court of India

Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 482 of 2020 (Arising out of SLP(C) No 11551 of 2011) Suresh Chand and Anr Versus .... Appellants Suresh Chander (D) Thr LRs and Ors .... Respondents JUDGMENT Dr Dhananjaya Y Chandrachud, J12 Leave granted. This appeal arises from a judgment and order of the High Court of Judicature of Rajasthan at Jaipur in a second appeal under Section 100 of the Code of Civil Procedure 1908. 3 The issue in the present appeal is whether a right of pre-emption was available to Beni Prasad who is alleged to be a joint owner in possession of the disputed courtyard. This has arisen in the context of the Rajasthan Pre-emption Act 19661. Briefly stated, 1 the Act 1 the facts which have given rise to the present appeal are thus: A suit2 for pre-emption was instituted by Beni Prasad in the Court of the Civil Judge, Senior Division, Badi, District Dholpur in Rajasthan. Beni Prasad died during the pendency of the proceedings a...

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