Karnataka Dharwad Court March 2014 Judgments
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Samuel Vs. the Deputy Commissioner and the District Election Officer a ...
Court: Karnataka Dharwad
Decided on: Mar-28-2014
(Prayer: This WP Is Filed Under Articles 226 and 227 Of The Constitution of India Praying To Quash The Impugned Order At Annexure-C Dated 21.03.2014 Passed By The Respondent No.2.) 1. Heard the learned advocates appearing for the parties. 2. Being aggrieved by the prayer rejecting the request of the petitioner to retain the firearm and same being ordered to be deposited with the jurisdictional police on account of the ensuing Loksabha Elections- 2014 being held by impugned order dated 21.03.2014, petitioner is before this Court. 3. It is the contention of Mr.G.N.Narasammanavar, learned counsel appearing for the petitioner that there is non-consideration of the representation submitted by the petitioner in proper perspective by respondent No.1 and when there is a life threat to the petitioner, he has to retain his firearm and if he surrenders the same he would be defenceless. He submits by a cryptic order,, respondent No.1 could not have rejected the petitioner's prayer. Hence, he prays...
irappa and Another Vs. Gouravva and Others
Court: Karnataka Dharwad
Decided on: Mar-25-2014
(Prayer: This Appeal Is filed Under Section 100 Of CPC Against The -Judgment And Decree Dated 20.10.2009 Passed In R.A.No.23/2006 On The File Of The Presiding Officer, Fast Track Court, Bailhongal, Dismissing The Appeal, Against The Judgment And Decree Dated 29.05.2006, Passed In O.S.No.39/2003, On The File Of The Prl.Civil Judge Vjr.Dn.), Bailhongal, Decreeing The Suit Filed For Declaration And Injunction.) 1. Defendants 3 and 4 of an original suit bearing O.S.No.39/2003, which was pending on the file of the Court of Principal Civil Judge (Jr.Dn.), Bailhongal, Belgaum District are before this Court by filing an appeal under Section 100 of CPC. Respondents 1 and 2 herein are the plaintiffs in the said suit. Respondent No.3 is defendant No.2 in the said suit. Since suit against defendant No.1, Chief Manager Pension Dept., State Bank of Mysore, Head Office at Bangalore, had been dismissed in the trial Court, no appeal has been filed against it. Parties will be referred to as plaintiffs a...
Mahesha Vs. the State of Karnataka by Its Spp
Court: Karnataka Dharwad
Decided on: Mar-21-2014
(Prayer: This Criminal Appeal Is Filed U/S.374(2) Of Cr.Pc Seeking To Set Aside The Judgment Of Conviction And Order Of Sentence Dated 12/16.10.2012 Passed By The Spl. Judge, Bellary, In Spl. Case No.80/2011 And Acquit Him Of All The Charges. This Criminal Appeal Having Been Heard And Reserved For Judgment On 9.1.2014) 1. The Deputy Superintendent of Police, Kudligi Sub- Division, Bellary District, has laid a charge sheet against the accused for the offence punishable under Section 376 of IPC and also u/s.3(1)(X)(XI) and 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. The accused was arrested on 4.9.2011 on the date of the incident itself and since then, he has been in Judicial Custody. After committal proceedings, the Sessions Judge held the trial and held the accused guilty for the above said offences and sentenced him to undergo Rigorous imprisonment for a period of ten years and to pay a fine Rs.50,000/- and in default to undergo Simple imp...
Prabhakar and Others Vs. K. Manjunath Irkal and Others
Court: Karnataka Dharwad
Decided on: Mar-19-2014
(Prayer: This Criminal Petition Is Filed Under Section 482 Of Code Of Criminal Procedure, Praying To Allow This Petition And Quash The Order Dated 27.11.2013 Passed In C.C. No. 285v 2013 By The Learned Prl. Civil Judge and J.M.F.C., Hubli Thereby Taking Cognizance For The Offences Punishable Under Sections 120(B), 204, 420, 465, 468, 471 R/W 34 Of I.P.C. As Against The Petitioners Who Are Accused Nos.5 And 6 Are Concerned.) (Prayer: This Criminal Petition Is Filed Under Section 482 Of Code Of Criminal Procedure, Praying To Allow This Petition And Quash The Order Dated 27.11.2013 Passed In C.C. No. 28^4/2013 By The Learned Prl. Civil Judge and J.M.F.C., Hubli Thereby Taking Cognizance For The Offences Punishable Under Sections 120(B), 204, 420, 465, 468, 471 R/W 34 Of I.P.C. As Against The Petitioners Who Are Accused Nos.1, 2, 3, 4 And 7 Are Concerned.) 1. The petitioners in Crl.P. No.8207/2013 were arrayed as Accused Nos. 1 to 4 and 7 respectively wherein the petitioners in Crl.P. No, ...
Vasudev and Others Vs. Tukaram Bhimappa Naik and Others
Court: Karnataka Dharwad
Decided on: Mar-17-2014
(Prayer: Rsa Filed U/S. 100 Of Cpc Against The Judgement and Decree Dtd. 27.7.04 Passed In R.A.No.26/99 On The File Of The Civil Judge (Sr. Dn.), Gokak, Allowing The Appeal And Setting Aside The Judgement And Decree Dtd 6.3.99 Passed In Os.No. 196/90 On The File Of The Addl. Civil Judge (Jr. Dn.), Raibag.) 1. Respondents herein were defendants in an original suit bearing O.S. 196/1990, which was pending on the file of Addl. Civil Judge (Jr.Dn.), Raibag. Appellants were plaintiffs in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking before the trial Court. 2. Plaintiffs 1 and 2 were minors at the time of filing suit. One Yellappa is the father of plaintiff Nos. 1 and 2 and husband of plaintiff No.3. Suit schedule properties measuring 1.14 acres in Sy.No.l9/lA/lB/3 and 5 guntas in Sy.No. 19/1A/1B./4 of Khanagal Village, Raibag were the ancestral property of plaintiffs and Yellappa. The said Yellappa sold these properties in favour of three membe...
Raju and Others Vs. Baburao and Others
Court: Karnataka Dharwad
Decided on: Mar-10-2014
(Prayer: This Appeal Is Filed Under Section 100 Of Cpc Against The Judgment Dated 28.08.2009 Passed In R.A.No.61/2007 On The File Of The Presiding Officer, Fast Track Court-I, Chikodi, Dismissing The Appeal, Filed Against The Judgment Dated 29.09.2007 And The Decree Passed In O.S.No. 185/2005 On The File Of The Prl. Civil Judge (Jr.Dn.) and Jmfc, Chikodi, Dismissing The Suit Filed For Perpectual Injunction.) 1. Plaintiffs are before this Court as they are aggrieved by the dismissal of their suit filed for the relief of permanent injunction in O.S.No. 185/2005, which was pending on the file of the Court of Principal Civil Judge (Jr.Dn.), and JMFC, Chikodi and the affirmation of the same in regular appeal filed under Section 96 of CPC in R.A.No.61/2007, which was pending on the file of the FTC-I, Chikodi. Dated 28.08.2009. Respondents herein were the defendants in the said suit. Parties will be referred to as plaintiffs and defendants as per the their ranking given in the trial Court. 2....
Lingaraja Vs. Dyamangouda Ayyangouda Patil and Another
Court: Karnataka Dharwad
Decided on: Mar-07-2014
(Prayer: This Miscellaneous First Appeal Is Filed Under Section 173(1) Of The Motor Vehicles Act, 1988, Against The Judgment And Award Dated 26.8.2006, Passed In Mvc No. 21/2003, 3y The Civil Judge (Sr.Dn) And Addl. Mact, Gadag, Partly Allowing The Claim Petition For Compensation And Seeking Enhancement Of Compensation, Etc.,.) 1. This appeal is by the claimant challenging the judgment and award passed by the Tribunal regarding quantum and liability. 2. Learned counsel for the claimant submits, although the claimant in his claim petition as well as in his evidence has specifically contended that the offending vehicle was insured with the 2nd respondent and the policy was in force as on the date of accident, the insurer of the offending vehicle without verifying as to whether the offending vehicle was insured with them or not simply denied the case of the claimant contending that the offending vehicle was not insured with them, however their liability is subject to proof of accident and...
G. Vasanthachar Vs. State of Karnataka
Court: Karnataka Dharwad
Decided on: Mar-04-2014
(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C. Seeking To Examine The Records In Order To Satisfy The Correctness, Legality And Propriety Of Finding And Order Passed In Rejecting The Application Filed U/S. 239 Of Cr.P.C. By The Petitioner And Allow The Applications Filed U/S. 239 Of Cr.P.C. By The Petitioner In C.C.No.266/2002 And C.C.No.267/2002 On The File Of The Civil Judge and Jmfc Court, Byadgi And Discharging The Petitioner For The Alleged Offences Punishable U/S. 406, 409, 465, 468, 471, 477a Of Ipc And In Turn Rejecting The Order Passed By The Trial Court And Revision Court.) 1. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent - State. Perused the records. 2. This petition is filed for quashing of the orders passed by Civil Judge and J.M.F.C. Court, Byadgi in C.C. Nos.266/2002 and 267/2002 dated 25.08.2010 against this petitioner for che offences punishable under Sections 409, 465, 466, 471 and 477 of the Indian...
Doddawa @ Lalita Vs. Chandrashekhar Kadappa Naganuri
Court: Karnataka Dharwad
Decided on: Mar-04-2014
(Prayer: This Miscellaneous First Appeal Is Filed Under Section 28 Of The Hindu Marriage Act, 1955, Praying To Set Aside The Judgement And Decree Dated 30.09.2011, Passed In M.C. No.28/2010, By The Senior Civil Judge, Hukkeri, Allowing The Petition Filed Under Section 13(IA) (IB) Of Hindu Marriage Act 1976, Etc.,.) 1. The appellant is before this Court assailing the judgment dated 30.9.201 1, passed in M.C.No.28/20 10, by the Senior Civil Judge, Hukkeri. 2. The fact that the appellant and the respondent are wife and husband respectively and that their marriage was solemnized on 24.3.1986 is not in dispute. Due to certain differences between them, the respondent herein has filed a petition in M.C.No.28/2010 under Section 13(ia) and (ib) of the Hindu Marriage Act, 1955, seeking dissolution of marriage. The Court below, by the impugned judgment has allowed the petition and ordered the dissolution of the marriage between the petitioner and the respondent. The appellant is therefore before ...
Ningappa and Others Vs. Shankar and Others
Court: Karnataka Dharwad
Decided on: Mar-04-2014
(Prayer: This Appeal Is Filed Under Section 100 Of Cpc Against The Judgment And Decree Dtd. 12.7.02 Passed In Ra No. 102/89 On The File Of The Prl. District Judge, Dharwad, Dismissing The Appeal And Confirming The Judgment And Decree Dated. 31.3.80 Passed In O.S.No.46/76 On The File Of The Prl. Civil Judge and Jmfc, Dharwad.) 1. This is an appeal by the defendants of an original suit bearing O.S.No.46 / 1976, which was pending on the file of the Court of Civil Judge (Jr.Dn.), Dharwad. 2. Appellants were the defendants in the said suit. Deceased respondent-Shankar was the only plaintiff in the said case. Parties will be referred to as plaintiff and defendants as per their ranking given in the trial Court. 3. Claiming himself to be the son of the deceased 1st defendant - Kallappa through his second wife Venkavva, plaintiff had filed a suit for the relief of partition and separate possession claiming 1 /5th share in all the schedule properties. According to the plaintiff, 1st defendant Ka...
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