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Karnataka Dharwad Court December 2014 Judgments

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Dec 19 2014

M/S G M Divate Vs. The Regional Transport Officer and Taxation

Court: Karnataka Dharwad

Decided on: Dec-19-2014

R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE19h DAY OF DECEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.881/2006 (T-MVT) PETITIONER Between: M/s G.M.Divate, Mulian Oni, Hubli 580 028 Dharwad District (Represented by its Partner Shri Gopalakrishna M Divate Aged 42 years). (By Shri V.P.Kulkarni, Advocate) And:1. The Regional Transport Officer Taxation Authority, Belgaum.2. The Deputy Commissioner for Transport, Belgaum Division, Belgaum.3. Raju Basavantha Rao Bhosale, S/o Basanvantrao Bhosale, 2 #4837/A, 1st Main, 2nd cross, Sadashivanagar, Belgaum 560 590 001.4. M/s Yamakanamardi Urban Co-operative Credit Society Limited, Yamakanamardi 591 246, Hukkeri Taluk, Belgaum District. .. Respondents (By Smt. K.Vidyavathi, Additional Government Advocate for Respondent Nos.2 and3) This Writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 12.11.2004 by R1 Regional Transport Officer and ...


Dec 18 2014

Asgarali Vs. Reshma

Court: Karnataka Dharwad

Decided on: Dec-18-2014

(Prayer: This appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 21.03.2013 passed in R.A. No.14/2011 on the file of the Senior Civil Judge, Hukkeri, dismissing the appeal filed against the judgment and decree dated 14.01.2011 and the decree passed in O.S. No.48/2009 on the file of the Civil Judge and JMFC, Hukkeri, decreeing the suit filed for restitution of conjugal rights.) Oral Judgment: H.G. Ramesh, J. 1. The question raised in this appeal is, whether a muslim wife is entitled to seek restitution of conjugal rights? 2. This second appeal is by the defendant-husband. The trial Court decreed the suit filed by the respondent-wife for restitution of conjugal rights. The said decree of restitution of conjugal rights is affirmed by the first Appellate Court by dismissing the husband's appeal. Being aggrieved, the husband has filed this appeal. The parties to the suit are muslims. 3. I have heard learned counsel appearing for the parties and ...


Dec 18 2014

Asgarali S/O Khawajamainuddin Buddebhai Vs. Reshma D/O Shabudin Gadamp ...

Court: Karnataka Dharwad

Decided on: Dec-18-2014

:1. : RSA No.5526/2013 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE18h DAY OF DECEMBER2014BEFORE THE HONBLE MR.JUSTICE H.G.RAMESH Regular Second Appeal No.5526/2013 Between: Shri. Asgarali, S/O Khawajamainuddin Buddebhai, Age:33. Years, Occ: Service, R/O: Bailhongal, Taluk: Bailhongal, Dist: Belgaum, Now Residing At Plot No.23, Vivakanand Nagar, Taluk: Gokak, Dist: Belgaum-591307. Appellant (By Sri. Santosh B.Rawoot, Advocate) A n d : Smt. Reshma, D/O Shabudin Gadampalli, calling herself as Smt. Reshma W/O Asgarali Buddebhai, Age:32. Years, Occ: Household Work, R/O: Gandhi Nagar, Near Peer Panna, Hukkeri, Tal: Hukkeri, Dist: Belgaum-591307. Respondent (By Smt. S.P.Patil, Advocate for caveator/respondent) This appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 21.03.2013 passed in R.A. No.14/2011 on the file of the Senior Civil Judge, Hukkeri, dismissing the appeal filed against the judgment and decree dated 14.01.2011 and the...


Dec 16 2014

Shivappa Fakirappa Badavannavar Vs. Manjunath and Others

Court: Karnataka Dharwad

Decided on: Dec-16-2014

(Prayer: This W.A. is filed U/S.4 of the Karnataka High Court Act, Praying that the Order Dated 20.10.2014, passed by the Learned Single Judge, In W.P. No. 102919/2014, May Kindly Be Set Aside, By Allowing This Writ Appeal.) 1. The order dated 20.10.2014 in W.P.No. 102919/2014 and connected matters is called in question in this appeal. 2. The short question to be decided in this appeal is as to whether examination-in-chief by way of affidavit shall be permitted, in the Election Petition arising out of election of Corporator/ Councilor of Municipal Corporation ? 3. By the impugned order, the learned Single Judge has held that there is no bar for the Court below to permit the submission of affidavit instead of recording of examination- in-chief by the Court. 4. Sri Nataraj, learned Senior Advocate appearing on behalf of the appellant, drawing the attention of the Court to another judgment of this Court passed by learned Single Judge in Election Petition No.07/2008 decided on 12.01.2011, ...


Dec 16 2014

Shivappa Fakirappa Badavannavar Vs. Manjunath S/O Basappa Badakuri,

Court: Karnataka Dharwad

Decided on: Dec-16-2014

R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE16H DAY OF DECEMBER, 2014 PRESENT THE HONBLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR AND THE HONBLE MR.JUSTICE K.N.PHANEENDRA WRIT APPEAL No.100945/2014 (LB-ELE) BETWEEN: SHIVAPPA FAKIRAPPA BADAVANNAVAR AGE:54. YEARS, OCC: AGRICULTURE & BUSINESS, R/O: MYAGERI ONI, DHARWAD, DIST: DHARWAD. ... APPELLANT (BY SRI. K.M.NATARAJ, SR. COUNSEL FOR SRI. J S SHETTY, ADVS.) AND1 MANJUNATH S/O BASAPPA BADAKURI, AGE:32. YEARS, OCC: AGRICULTURE, R/O TALAWAR ONI, NAVALUR, DIST: DHARWAD.2. MANJUNATH S/O VISHNU VERNEKAR AGE: MAJOR, OCC: BUSINESS, R/O JANATA PLOT, NAVALUR, DHARWAD.3.4. PARASURAM S/O LAXMAN MANE, AGE :45. YEARS, OCC: BUSINESS, R/O NAVALUR CHAWANI, NAVALUR, TQ: & DIST: DHARWAD. BASAVARAJ S/O KAREPPA CHIKKANNAVAR, AGE:42. YEARS, OCC: AGRICULTURE, :2. :5. 6. R/O KURUBAR ONI, RAYAPUR, TQ & DIST: DHARWAD. THE RETURNING OFFICER, WARD No.21, HUBLI DHARWAD MUNICIPAL CORPORATION, ELECTION2013 OFFICE OF THE HDMC, DHARWAD. THE STATE OF KARNATA...


Dec 15 2014

Guthemma Kom Fakira Chalvadi Vs. Bhangarya Bista Naik Dasan and Others

Court: Karnataka Dharwad

Decided on: Dec-15-2014

(Prayer: This Writ petition is filed under Articles 226 and227of the Constitution of India praying to quash the order dated 19.9.2005 vide Annexure -J and order dated 3.11.2004 vide Annexure-E and to allow the above writ petition.) 1. The facts of the case are as follows: 2. It is stated that land bearing survey no.232, measuring about 8 acres ana 19 guntas of Kanthraji village, Sirsi Taluk, North Kannada District was granted to the petitioner's late husband, Fakira Basavanna Chalavadi, on 20.4.1959. He is said to have belonged to a Scheduled caste. The grant was said to be coupled with a condition that it shall not be alienated or sub-divided, in perpetuity. The grant was free of cost. It transpires that Chalavadi died as on 8.12.2002. The petitioner is said to have sought for transfer of the property in her favour after the death of her husband. It is then that she was made aware that her husband and she had executed a sale deed in respect of the property in favour of the first respo...


Dec 15 2014

Smt Guthemma Kom Fakira Chalvadi Vs. Sri Bhangarya Bista Naik Dasan

Court: Karnataka Dharwad

Decided on: Dec-15-2014

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE15H DAY OF DECEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.24411/2005 (SC/ST) Between: Smt.Guthemma Kom Fakira Chalvadi Aged about 70 years, Residing at Kanthragi, Sirsi, N.K. (By Shri S.G.Kadadakatti, Advocate) And:1. Shri Bhangarya Bista Naik Dasan, Aged about 59 years, Residing at Gudnapur, Sirsi, N.K. PETITIONER2 The Deputy Commissioner, Uttara Kannada, Karwar District.3. The Assistant Commissioner, Sirsi Division, Sirsi, N.K. RESPONDENTS (By Shri R.G.Hegde, Advocate for Respondent no.3, 2 Smt. K.Vidyavathi, Additional Government Advocate for Respondent Nos.2 and3) This Writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 19.9.2005 vide Annexure J and order dated 3.11.2004 vide Annexure-E and to allow the above writ petition. This Writ Petition having been heard and reserved on 4.12.2014 and coming on for Pronouncement of Orders...


Dec 12 2014

m/s.chalukya Motors Private Limited Vs. State of Karnataka

Court: Karnataka Dharwad

Decided on: Dec-12-2014

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE12h DAY OF DECEMBER2014BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION Nos.106507 106509 OF2014(MV) BETWEEN: M/S.Chalukya Motors Private Limited Kustangi Building, Hubli Road, Gadag Represented By Its Managing Director Sri Rudranna Goneppa Gulaguli (By Smt. V.Vidya and K Raghavendra Rao, Advocate) PETITIONER AND:1. State Of Karnataka The Department Of Transport M S Building, Bangalore Represented By Its Principal Secretary 2. The Commissioner For Transport Multistoried Building, 5th Floor, Ambedkar Veedhi, Bangalore 2 3. The Regional Transport Authority Gadag, Represented By Its Secretary 4. The Regional Transport Officer Office of the RTO, Gadag 5. The Deputy Commissioner Gadag Cum Chairman Of Road Transport Authority Gadag (By Smt. K.Vidyavathi, Additional Government Advocate for Respondent) RESPONDENTS --- These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India quashing the...


Dec 09 2014

Shiva Kumar Vs. Karnataka State Agricultural Marketing Board and Other ...

Court: Karnataka Dharwad

Decided on: Dec-09-2014

(Prayer: This Writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the Respondent nos. 1 and 2 to permit the petitioner to attend the meeting to be held on 03.07,13 and also all future meetings of the R1 board.) 1. Heard the learned counsel for the parties. 2. The petition is considered for final disposal given the circumstances of the case. 3. The facts, as stated in the petition, are that, the petitioner is said to be a member of the Mundargi Agricultural Produce Marketing Committee, having been elected as such at the elections to such membership, held on 11.5.2011. The total membership of the Committee is said to be 17 and the term of the Committee is said to be for a period of 5 years. The President of the Committee is elected from amongst the members of the Committee for a term of 20 months. The petitioner is said to have been elected as the President, on 11.5.2011 and the 20 month term had come to an end on 10.1.2013. Under the Scheme o...


Dec 09 2014

Shiva Kumar Vs. Karnataka State Agricultural Marketing Board

Court: Karnataka Dharwad

Decided on: Dec-09-2014

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE09H DAY OF DECEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.27851 OF2013(APMC) Between: Shiva Kumar S/o Siddanagowda Patil Age:43. years, R/o. Kalakeri, District: Gadag. President Agricultural Produce Market Committee, Mundargi. Petitioner. (By Sri. F.V.Patil, Advocate) And:1. Karnataka State Agricultural Marketing Board, No.16, 2nd Rajbhavan Road, Bangalore 560001 By its Managing Director 2. Karnataka State Agricultural Marketing Board, No.16, 2nd Rajbhavan Road, Bangalore 560001 By its Chief General Manager 2 3. The State of Karnataka Represented by its Principal Secretary Department of Marketing/Co-Operation M.S. Building, Dr. Ambedkar Veedhi, Bangalore. Respondents (By Sri.A.C. Balaraj for Respondent Nos. 1 and 2, Sri. C.V.Angadi for Respondent No.1, Smt. K.Vidyavathi, Additional Government Advocate for Respondent No.3 ) --- This Writ petition is filed under Articles 226 and 227 of th...


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