Karnataka Dharwad Court February 2013 Judgments
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Hanamant Ganapati Kaluve Vs. Mrs. Drakshayini
Court: Karnataka Dharwad
Decided on: Feb-28-2013
(Prayer: This Rfa filed U/S. 96 of Cpc, against the Judgment and decree dtd:15.09.2012 passed in O.S.No.53/2012 on the file of the Prl. Senior Civil Judge at Athani, dismissing the suit filed for specific performance of contract.) 1. Though this appeal is listed for admission with the consent of the counsel on both sides, it is heard finally. 2. The plaintiff in O.S.No.53/2012 has filed this appeal, assailing the judgment and decree passed in O.S.No.53/2012. 3. It is the case of the plaintiff that the suit property is an agricultural land measuring 1 acre 9 guntas at Moje Athani in Sy.No.9/7D out of a larger extent of 8 acres 31 guntas. The defendant and her sons and daughters who are the owners of the suit property, had executed a registered agreement to sell in favour of defendant on 04/09/2010 before the Sub-registrar, Athani for the sale of the property. The defendant on account of legal necessity in order to discharge the bank debt, in December, 2010 negotiated with the plaintiff ...
Balappa and Others Vs. the Assistant Commissioner, and L.A.O. Koppal a ...
Court: Karnataka Dharwad
Decided on: Feb-28-2013
(Prayer: This Miscellaneous First Appeal Is Filed Under Section 54(1) Of The La Act Against The Judgment And Award Dated 10.08.2001 In Lac No.196/2000 On The File Of Senior Civil Judge, Koppal, Partly Allowing The Reference Petition For Compensation And Seeking Enahancemet Of Compensation.) 1. M.A. No.24/2001 filed in the District Court at Koppal was returned on the ground of want of pecuniary jurisdiction and for presentation before this Court. The said order was passed on 17.04.2006. However, the returned appeal memorandum was obtained only on 17.03.2012 and was presented in this Court on 19.03.2012, by paying further Court fee of Rs.15/- and with defects. 2. Heard the learned counsel on both sides. Accepting the cause shown, delay in filing this appeal is condoned, denying interest for the delay period on the enhanced award amount, if any, to the appellants, as and when and when the appeal is decided. I.A.No.01/2013 is allowed accordingly. 3. In view of Section 19 of the Karnataka C...
Gangawwa Rep. P.A. Holder, Ulavappa Vs. the Special Land Acquisition O ...
Court: Karnataka Dharwad
Decided on: Feb-28-2013
(Prayer: Respondents this miscellaneous first appeal is filed under Section 54(1) of the La Act against the Judgment and award dated 18-07-2011 passed in Lac.No.87/2010 on the file of Senior Civil Judge, Bailhongal, partly allowing the reference petition for compensation and seeking enahancement of compensation.) 1. Heard Shri K. Anand Kumar, learned advocate for the appellant and perused the appeal memorandum. 2. This appeal was filed on 14.08.2012 with defects, by paying nominal Court fee of Rs.15/- as against Rs.4,170/-, in terms of the valuation slip annexed to the appeal memorandum. DCF of Rs.4,170/- was paid on 18.02.2013. The appellant has sought enhancement of compensation at the rate of Rs.3,00,000/- per acre along with all statutory benefits. The land acquired was 32 guntas. Reference Court has awarded Rs.2,48,000/- per acre. Enhancement sought in this appeal is Rs.41,000/- per acre i.e., over and above the one awarded by the Reference Court. The total enhancement of compensa...
Chandrayya Vs. the Registrar, Karnataka University
Court: Karnataka Dharwad
Decided on: Feb-28-2013
(This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that his retirement on 01.06.2006 on the basis of the school entry vide Annexure: was premature and by holding his date of birth as in Annexure:'A' is correct as compared to entry in school certificate. Further, it is also prayed to hold that there is short of 17 months service and he was eligible to extend further 2 years under government policy and etc.) 1. Petitioner joined service of the respondent as a Junior Assistant on 28.03.1976, on the strength of having passed SSLC examination. While joining service, petitioner produced School Leaving Certificate, as at Annexure - R-1, wherein his date of birth has been entered as 01.06.1948. The petitioner having completed the age of superannuation - 58 years, the respondent issued Annexure - H, regarding retirement of the petitioner from service with effect from 31.05.2006. The respondent issued an office order dated 12.05.2006 as at Ann...
Mallamma and Another Vs. Dawalsab and Others
Court: Karnataka Dharwad
Decided on: Feb-27-2013
(Prayer: Mfa Filed U/S 173(1) Of Mv Act, against the Judgement and Award Dated 24.09.2007 Passed In Mvc No.08/2006 on the File of Civil Judge (Sr.Dn.) and Mact, Gangavathi, dismissing the Claim Petition for Compensation.) 1. The claimants being aggrieved by the dismissal of their claim petition have filed this appeal, assailing the judgment and award passed in MVC No.8/2006 dated 24.09.2007, by the MACT at Gangavathi. They have also sought for enhancement of compensation. 2. It is not in dispute that, on 06.07.2005, Yellamma who was returning along with Hanumantha from a temple after performing pooja, on the left side of Raichur- Gangavathi road at about 4.00 pm, succumbed to fatal injuries on account of vehicle bearing No.KA-35/MD-3333 belonging to the 2nd respondent, being driven in a rash and negligent manner. Yellamma's daughter and daughter-in- law filed the claim petition seeking compensation on account of the death of Yellamma. Though the Tribunal assessed the compensation to be...
Dharani and Another Vs. the State of Karnataka, by Khade Bazar Sub-dn ...
Court: Karnataka Dharwad
Decided on: Feb-27-2013
(This criminal appeal is filed u/s. 374 (2) of the Cr.P.C seeking to set aside judgment and order of conviction and sentence dated 10.08.2011 in Special Case No.40/2008 passed by the court of the special judge (Prl. Sessions Judge), Belgaum and acquit the Appellant for an offence p/u/s 21 and 8(c) of N.D.P.S Act. This criminal appeal is filed u/s 374(2) of Cr.P.C. Seeking to set aside the judgment and order of conviction dated 18.08.2011 passed in Spl. Case No.40/2008, by the Prl. Dist. Sessions and Spl. Judge, Belgaum, and acquit the appellant/accused of the offences with which he has been convicted and sentenced.) 1. These two appeals are arise out of the same judgment, hence both are taken up together for the purpose of disposal. The parties are referred according to their ranking before the trial Court. 2. These appeals are filed challenging the judgment dated 10.08.2011 passed by Court of the Special Judge (Prl. Sessions Judge), Belgaum, (hereinafter called as the trial Court) in ...
Ms. Seema Begaum Vs. State of Karnataka by Its Secy., Women and Child ...
Court: Karnataka Dharwad
Decided on: Feb-26-2013
Ashok B. Hinchigeri, J. 1. The petitioner has sought the relief of declaration that the provisions of the Prevention of Child Marriage Act, 2006 (P.C.M. Act for short) are not applicable to her. The petitioner belongs to Muslim community. She has attained puberty and she is now aged 16 years. 2. Sri Chandrashekar P.Patil, the Learned Counsel for the petitioner submits that a Mohammedan girl of 15 years, who has attained puberty, is competent to marry without the consent of her parents. He submits that the marriage of a Mohammedan minor girl, who has not attained the puberty, may be contracted by her guardian. He submits that when the petitioners personal law provides for the child marriages, the same cannot be taken away or diluted by the P.C.M. Act. 3. The Learned Counsel submits that the petitioners personal law would prevail over the other laws. In support of his submissions, he read out Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which is extracted herein ...
Smt. Bharati Vs. State of Karnataka, Rep. by the Prl. Secretary to the ...
Court: Karnataka Dharwad
Decided on: Feb-20-2013
(Prayer: This writ petition is filed under Articles 226 and 227 of Constitution of India praying to direct the respondents to appoint the petitioner in the cadre of First Division Assistant instead of Second Division Assistant as the respondents have now appointed the petitioner as a Second Division Assistant as per order dated 14.12.2000 vide Annexure-C.) The petitioner is a widow of one Sadanand Gundappa Gadad, who was working as a waterman in the office of the Town Municipal Council, Mudalagi, Taluk: Gokak and died in harness on 11.02.2000. Petitioner being a graduate, submitted an application for appointment on compassionate grounds. She was appointed as a Second Division Assistant on 14.12.2000. She accepted the said appointment without any demur. She, however, after more than a decade, submitted a representation dated 26.03.2011, to reconsider and appoint her as a First Division Assistant. Alleging inaction on the part of the respondents, this writ petition has been filed, to dir...
Divisional Manager Icici Lombardo General Insurance Co. Ltd., Hubli, N ...
Court: Karnataka Dharwad
Decided on: Feb-18-2013
(This MFA is filed u/s.30(1) of W.C. Act against the order dated 25.7.2007 passed in W.C.No.305/2005 on the file of the Labour Officer and Commissioner for Workmen's Compensation, Koppal District, Koppal.) The insurance company has filed this appeal, assailing the order dated 25.07.2007 passed by the Commissioner for Workmen's Compensation, Koppal, ("W.C.Commissioner" for short) in W.C.No.305/2005 on the point of liability. 2. It is not in dispute that the first respondent- claimant sustained injuries while he was performing his duties as a 'hamal' in respect of tractor-trailer bearing No.KA-37/T-8084 and 8085 on 23/06/2005. 3. It is the case of the first respondent-claimant that on 23/06/2005 while he was discharging his duties as a hamal/coolie in respect of the aforesaid tractor-trailer, while he was bringing a load of firewood to Koppal, when the said vehicle reached Chilavadagi Village, the driver of the tractor applied sudden brake to the tractor. As a result, the first responden...
The Branch Manager, United India Insurance Co. Ltd. Represented Throug ...
Court: Karnataka Dharwad
Decided on: Feb-11-2013
(Prayer: Tq and Dist: Bagalkot. ... Respondents This MFA is filed u/s 173(1) of the M.V. Act, 1988, praying to set aside the award dated 5.9.2012 made in MVC.534/2010 by the MACT-II, Bagalkot, and etc.) 1. Though this matter is listed for consideration of the application for condonation of delay, I have nevertheless heard the learned Counsel for appellant on merits. 2. The Insurance Company has filed this appeal assailing the judgment and award of the Tribunal (MACT- II), Bagalkot, dated 5.9.12 passed in MVC.534/2010 on the question of liability. 3. The relevant facts of the case are that, on 20.09.2009, one Laxman Arakeri was proceeding on his bicycle on Jamkhandi-Mudhol road, when at that time, a maxicab bearing Reg.No.KA.29/A.1902 was driven in a rash and negligent manner and dashed against Laxman. As a result he sustained injuries. He died on 30.03.2010. He was 46 years of age at the time of his death and was eking his livelihood as coolie. Contending that they had lost the bread-e...
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