Karnataka Dharwad Court March 2011 Judgments

Hubli Electricity Supply Vs. State of Karnataka and Others

Court: Karnataka Dharwad

(Prayer: These Writ Petitions are filed under Article 226 and 227 of the constitution of India, praying to quash re-assessment notice dated 14.02.2011 passed by the 3rd respondent produced at annexure-F to this writ petition and etc.) 1. Writ petitions by M/s. Hubli Electricity Supply Company Limited [HESCOM], questioning the legality of the assessment orders passed by the assessing authority under the provisions of the Karnataka Value Added Tax Act, 2003 [for short ‘the Act’], determining the tax liability of the assessee for the periods from April 2005 to March 2007 and from April 2007 to March 2010 [Annexures -L and L1 to the writ petitions] in a sum of Rs.94,95,880/- and mulcting penalty of Rs.10,23,777/-. 2. Petitioner though has remedy of appeal in terms of section 62 of the Act, has nevertheless, chosen to by pass the statutory remedy and jump into the High court seeking the following reliefs: i) “Issue a writ of certiorari quashing re-assessment Notice N...

Veeranna and Others Vs. Smt. Gouramma and Another

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR2140

(Prayer: This appeal is filed under Section 100 of CPC., against the judgment and decree dated 07.07.2010 passed in R.A.NO.46/2009 on the file of the Principal Senior Civil Judge and Cum, Dharwad, allowing the appeal, filed against the judgment dated 09/06/2009 and the decree passed in O.S.NO.748/2008 on the file of the PRL.) 1. This second appeal u/s 100 of the Code of Civil Procedure is by the plaintiffs in O.S.No.748/2008 on the file of the Prl. Civil Judge (Jr.Dn.) and Prl. JMFC, Dharwad, a suit, for bare injunction to restrain the defendants 1 and 2 from interfering or disturbing the possession and enjoyment of the suit property, a printing press located at CTS No.272/2/MF measuring 109.16 sq. mtrs. at Subhash Road, Dharwad, a commercial area and the building itself being a part of commercial complex but the land on which the structure stood being in the ownership of the plaintiffs. The suit was contested by the defendants by filing the written statement. It was contended that the...

B. Ramappa and Others Vs. Smt. A. Gangamma and Others

Court: Karnataka Dharwad

Reported in: 2012(3)KantLJ295; 2012(2)KCCR1163

(Prayer: This Writ Petition is filed under Article 226 and 227 of the constitution of India, praying to quash the impugned orders passed by the Assistant Commissioner bearing No.KAM.Parabare:35/05-06 dated: 04/03//2009 (Annexure-F) and Deputy Commissioner order bearing No.SAM/KAM/Appeal/19/2009-10 dated: 26/04/2010 (Annexure-G).) 1. Purchasers of agricultural land granted to persons belonging to scheduled castes/tribes or depressed classes as were otherwise known prior to such persons being identified or classified as SC/ST under the provisions of Constitution of India, are a disgruntled and disillusioned lot and with the draconian provisions of The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [for short, the Act], loads the dice against such persons who only fight a losing battle before the authorities and tribunals and only possibility being to prolong the litigation as far as possible, so that the enjoyment of the purchased lan...

Sonutai @ Sonabai Vs. the Secretary, Government of India, New Delhi an ...

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR1872

(Prayer: THIS MISC SECOND APPEAL IS FILED UNDER SECTION XLIII R(1) (U) OF CPC AGAINST THE JUDGEMENT and DECREE DATED 12.04.2010 PASSED IN R.A.NO.04/2009 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE, BELGAUM, ALLOWING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DATED 26.09.2008 PASSED IN O.S.NO.115/2001. ON THE FILE OF THE CIVIL JUDGE DECLARATION AND FOR ISSUANCE OF DIRECTIONS TO DEFENDANT NO.3 AND 4 FOR PERMANENT INJUNCTION.) 1. These two miscellaneous appeals under Section 104 r/w Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 [CPC], are by the plaintiff in OS No.115 of 2001, on the file of Civil Judge (Sr. Dn.), Chikkodi, a person, who is the widow of late Tukaram Patil, who had served as a soldier in the Indian Army and who had passed away on 29-10-1996 and whereupon the plaintiff, who had been granted family pension initially by the accounts department of the defence services of government of India, but such pension had come to be cancelled as per the order dated ...

H.D. Shirnal Vs. State of Karnataka and Others

Court: Karnataka Dharwad

1. Misrepresentations, false affidavits, misleading submissions by the litigants and misleading submissions by their Lawyers to cling on to a post, more so, if it is a productive post for Government officials, who indulge in rampant corruption, is the order of the day. Court orders are elicited interim orders, suppressing the real position, misrepresenting something else and based on the subsequent order so obtained; all sorts of atrocities are committed by government and quasi Government officials. 2. In this rat race, to keep positions, which are productive for such officials, no effort is spared, no stone is left unturned and Courts and Court orders are used as a means to achieve such objectives, thereby even bringing disrepute to the judicial system, which ultimately results in the litigant public and the members of the society in general, loosing faith and confidence in the judiciary. 3. The writ petition is not any different from this state of affairs, which prevails in our socie...

Arati Shivaji Kamble and Others Vs. State of Karnataka and Others

Court: Karnataka Dharwad

(Prayer: These writ Petitions are filed under Article 226 and 227 of the constitution of India, praying to quash the order dated 28.10.2009, produced at Annexure-A, passed by 2nd respondent and order dated 28.10.2009, produced at Annexure-B passed by 2nd respondent as illegal and etc.) 1. These writ petitions by persons who claim to have been appointed as Anganawadi workers in terms of Annexure D1 to D7 and like orders issued in favour of the writ petitioners, before this Court, are all aggrieved that notwithstanding such appointment made in their favour, are now faced with the prospect of termination of their so called appointment in the wake of developments as per Annexure-A, communication from the Child Development Project Officer, Raibag, dated 09.10.2009 addressed to the Deputy Director, Department of Women and Child welfare at Belgaum, having been declined by the Deputy Director as per refusal of permission dated 28.10.2009 endorsed on the very communication apprising the Child D...

Rukminibai and Another Vs. Babu and Others

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR1994

(Prayer: This appeal is filed under 100 R/W Order 41 Rule 1 OF CPC against the judgment and decree dated 10/01/2005 passed in R. A. NO.117/99 on the file of The I Additional Civil Judge (SR. DN.), Belgaum, Dismissing the appeal filed against the order dated:08.03.99 passed in FDP NO.27/78 on the file of The II Additional Civil Judge (JR.DN.) Belgaum, allowing the petition for drawing of final decree.) 1. Second appeal by defendants 4 and 5 in a suit for partition which had came to be decreed by a preliminary decree apportioning the shares and during the course of the final decree proceedings for identification and distribution of the properties as per the shares, the 4th and 5th defendants having woken up a little late in the day, by challenging a report of the Commissioner who had been appointed by the Executing Court for dividing the properties in accordance with the respective shares of the members of the family by pointing out that one of the suit items namely residential property ...

Dattatraya Vs. Sadashiv and Others

Court: Karnataka Dharwad

(This Regular Second Appeal is filed under section 100 of CPC, against the judgment and decree dated: 10.10.2000 passed in R.A.No.60/99, on the file of the Prl. Civil Judge, Sr.Dn. Belgaum, dismissing the appeal and confirming the judgment and decree dated 28.02.1997 passed in O.S.No.137/92 by the IV Addl. Munsiff, Belgaum.) Second appeal by the plaintiff in OS No.137 of 1992, on the file of Civil Judge (Jr.Dn), Belgaum, who sued for partition and a share in the two items of suit schedule properties - 1) a piece of agricultural land measuring 1 acre 7 guntas situated at Uchagaon village, Belgaum taluk and district and 2) a house property bearing VPC No.416/2, Maruti Galli, Uchagaon - the plaintiff claiming 1/4th share along with the first defendant father, second defendant mother and third defendant brother, the other members of the family, and defendants 4 to 7 being children/legal heirs of one Shankarrao Desai, in whose favour had been executed a sale deed in respect of t...

V.G. Gokhale Vs. the Chief Engineer/Const./East, South Western Railway ...

Court: Karnataka Dharwad

Reported in: 2012(3)KCCR77(SN)

(Prayer: This petition is filed under Sec.11(6) of the Arbitration and Conciliation Act, 1996, praying to a fit person be selected as sole arbitrator for arbitrating the controversies/ disputes emerging from the agreement vide Annexure A1 and made his award, etc.) 1. A petition u/S 11 of the Arbitration and Conciliation Act, 1996 by a contractor who had undertaken to execute certain works in favour of the respondent Chief Engineer, South Central Railway, and his colleagues in the Railway Department in terms of an agreement dated 20.06.2008. 2. It appears the execution of the work by the contractor was not the satisfaction of the client and the Railways terminated the contract as per notice 05.02.2009 after the same was preceded by a 7 days notice issued on 24.01.2009 and a 48 hours notice issued on 03.02.2009. The contractor responded to the termination, disputing the same as per his communication dated 22.09.2009, copy produced at Annexure-R to the petition and also called upon the re...

Vijay Mallappa Muchandikar Vs. the Belgaum Urban Development and Anoth ...

Court: Karnataka Dharwad

(Prayer: This Writ Petition filed under Articles 226 and 227 of the constitution of India is praying to quash the impugned order dated 27.7.2005 issued by R1/Buda vide Annexure-K and direct the first respondent/Buda to execute lease-cum-sale agreement in favour of the petitioner in respect of the site No.896 of scheme No.40 measuring 50X80 fee and comply all other requirements and etc.) 1. The petitioner when allotted site bearing No.896 in BUDA scheme No.40 of Belgaum, measuring 50x80 ft. by respondent Belgaum Urban Development Authority, for short BUDA by letter dated 23/6/1998, Annexure ‘D’, indicating value as Rs.2,42,000/-, was called upon to pay Rs.60,500/- being 25% of the value within 15 days and the balance of Rs.1,56,500/- within 75 days thereafter excluding Rs.25,000/- paid as initial deposit. Petitioner paid Rs.60,500/- on 8/7/1998 and Rs.1,57,500/- on 8/9/1998. Despite the said payments duly acknowledged by the respondent, BUDA notice dated 27/7/2005, Annexure-...