Karnataka Dharwad Court January 2015 Judgments
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Ganesh Vilas Near Kittur and Another Vs. Samuel Baburao Dhawale and Ot ...
Court: Karnataka Dharwad
Decided on: Jan-20-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Impugned Order On Ia.No.1 In Ep.No. 123/2013 Dtd. 10.10.2013 At Annexure-F On The File Of Principal Sr.Civil Judge, Hubli.) 1. The unsuccessful judgment debtors in Execution Petition No. 123/2013 are calling in question order passed on I.A. No.1, whereunder application filed by them under Order 21 Rule 29 read with Section 151 CPC to set aside the execution of the decree passed in O.S. No.89/1999 dated 15.11.2000 till the disposal of the suit O.S. No.351/2013 said to be pending before the III Additional Civil Judge, Hubli has been rejected. 2. Though writ petition is listed for orders for non-compliance of office objections, this Court has examined as to whether further time should be granted to comply -with the office objections or not and for this limited purpose merits of the case is examined. Impugned order is dated 10.10.2013 writ petition has been filed on 29.11.201...
Mahantesh Goudappa Wali Vs. Laxmi @ Gangamma
Court: Karnataka Dharwad
Decided on: Jan-20-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying This Hon'ble Court To: Quash The Impugned Ordr Vide Annexure-J Dated 07.10.2013 Allowing I.A.No.1 In M.C.No.55/2012 Pending On The File Of The Learned I/C. Principal Civil Judge (Sr.Dn), Gokak.) 1. Marriage of the parties was solemnised on 17.03.2009 and a male child was born on 12.08.2010. On account of lack of compatibility between the spouses, a complaint filed by the petitioner against respondent in Ankalgi Police Station in Crime No.41/2012 for offences punishable under Sections 448, 406 and 498 IPC was registered on 12.06.2012. 2. M.C.No.55/2012 was filed by the petitioner in the Court of Principal Civii Judge, Gokak, to pass a decree of divorce and for dissolution of marriage. Police having conducted the investigation and filed the charge sheet, cognizance was taken and C.C.No.1195/2012 was registered on the file of Principal Civil Judge (Jr.Dn) and JMFC, Gokak. Respondent having fil...
Basaveshwar Vs. The State Of Karnataka, Represented By Its Under Secre ...
Court: Karnataka Dharwad
Decided on: Jan-13-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying To Quash The Award Dated 13.10.2014 Passed By Respondent No.3 Herein In Favour Of The Respondents Nos.4 and 5 Herein, As Per Annexure-E Herein And Etc.) 1. The petitioner having purchased property under a sale deed dated 18.12.2012 from respondent No.4, filed this writ petition to quash the award dated 13.10.2014 passed b/ respondent No.3 and for a mandamus against respondent Nos.1 to 3, to pass an award in his favour in respect of the acquired land to an extent of 3 acres of 35 guntas and 25 guntas of pot Kharab in Sy.No.67/4 of Walaki village, Chikkodi Taluk, Belgavi District. 2. The facts and circumstances giving raise to this writ petition are as under: A notification under Section 4(1) of the Land Acquisition Act, 1894, was issued on 21.04.2011, proposing to acquire amongst other lands, land bearing Sy.No.67/4, measuring 8 acres situated at Walaki village, Chikkodi Taluka, belonging to...
Basaveshwar S/O Ramachandra Mane, Vs. The State of Karnataka, Represen ...
Court: Karnataka Dharwad
Decided on: Jan-13-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE13t h DAY OF JANUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.100480 OF2015[LA-RES]. BETWEEN: BASAVESHWAR S/O RAMACHANDRA MANE, AGE:53. YEARS, OCC: AGRICULTURIST, R/O. EXAMBA, TQ: CHIKKODI, DIST: BELGAUM, PIN CODE:59124. (BY SRI.SANJAY S KATAGERI, ADV.,) AND ... PETITIONER1 THE STATE OF KARNATAKA, REPRESENTED BY IT S UNDER SECRETARY, DEPARTMENT OF REVENUE, (LAND ACQUISITION1&3) VIDHANA SOUDHA, BANGALORE PIN CODE:56000. 2. THE DEPUTY COMMISSIONER, BELGAUM BELGAUM DISTRICT, BELGAUM PIN CODE:59000. 3. THE LAND ACQUISITION OFFFICER/ THE ASST.COMMISSIONER, CHIKKODI SUB-DIVISION, CHIKKODI, TQ: CHIKKODI, DIST: BELGAUM PIN CODE:59120. 4. BHEERAPPA S/O MAYAPPA DONE AGE:38. YEARS, OCC: AGRICULTURIST, :2. : R/O. WALAKI, TQ: CHIKKODI, DIST: BELGAUM5 BALU S/O RAMA DONE AGE:40. YEARS, OCC: AGRICULTURIST, R/O. WALAKI, TQ: CHIKKODI, DIST: BELGAUM ... RESPONDENTS (BY SMT. K.VIDYAVATI, AGA FOR RESPONDENTS1to3...
Timanna Vs. The Deputy Registrar Of Co-Operative Society and Others
Court: Karnataka Dharwad
Decided on: Jan-12-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India Praying To Quash The Impugned Order Dated:03/10/2012, Passed By The 1st Respondent Vide Annexure-A And Order Dated: 17/03/2012 Issued By The 2nd Respondent Vide Annexure-B. And To Direct The Respondents No.1 To 5 To Permit The Petitioner To Take Part In The Election Process Including Contesting The Election Shcedule To Be Held On 01/09/2013, Vide Annexure-C.) 1. This writ petition was preferred against the orders passed by respondent Nos.1 and 2, on 03.10.2012 and 17.03.2012 vide Annexures-A and B respectively and for grant of consequential reliefs. 2. The question for consideration is, whether respondent No.1 was justified in dismissing the appeal filed against the order passed by respondent No.2, disqualifying the petitioner's membership of the 5th respondent-Society, in exercise of the power under Section 29-C(8)(b) of the Karnataka Co-operative Societies Act, 1959 (for short 'the Act'). 3. ...
Rajendra S/O Sarjerao Deshpande Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Jan-12-2015
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE12t h DAY OF JANUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.11042/2007(LB-RES) BETWEEN: RAJENDRA S/O. SARJERAO DESHPANDE, AGED ABOUT48YEARS, R/O. NO.13/RS216/1+2A, LIC OFFICE EXTENSION, GOKAK FALLS ROAD, GOKAK, DIST: BELGAUM. (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADV.,) PETITIONER AND:1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT M.S.BUILDING, BANGALORE.2. THE COMMISSIONER BELGAUM URBAN DEVELOPMENT AUTHORITY, BELGAUM. ... RESPONDENTS (BY SMT. K. VIDYAVATI, AGA FOR R1, SRI. M.A.HULYAL, ADV., FOR R2 ) THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF CONSTITUTION OF INDIA :2. : PRAYING THIS HONBLE COURT TO CALL FOR THE RECORDS PERTAINING TO RODER DATED81.2007 VIDE ANNEXURE-D ON THE FILE OF THE R2 AND SET ASIDE THE ORDER AS PER ANNEXURE-D AND THE REGISTERED DOCUMENT DATED2301.2007 CANCELLING THE LEASE-CUM-SALE AGREEMENT AS PER ANNEXURE-F AND FURTHER DIREC...
Ashok Mahadev Potdar Vs. The Deputy Commissioner and Others
Court: Karnataka Dharwad
Decided on: Jan-09-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Order Dated 05.06.2014 Passed By The Respondent No.1 In Bgm.Mun/Apl/Cr/104/2011- 12 Annexure-H, And Etc.) 1. This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To: Quash The Order Dated:28/06/2012 Passed By The Respondent No.1 Vide Annexure-E, And Etc.) 1. Building permission granted on 15.4.2011 by respondent No.2 to respondentNo.3 for undertaking construction on the property bearing CTS No.2398 of Hukkeri, was questioned by the petitioner before respondent-1, by filing a revision petition, under Section 322 of the Karnataka Municipalities Act, 1964. An ad interim order of stay was passed and the same was extended. However, by an order dated 28.06.12, (extracted infra) without assigning any reason, was vacated. The said order was assailed in W.P.65460/12 and the impugned order therein was stayed on 19.10.12. Respondent No.1 having...
Ashok Mahadev Potdar Vs. The Deputy Commissioner
Court: Karnataka Dharwad
Decided on: Jan-09-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE09T H DAY OF JANUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA W.P.No.107586/14 C/W W.P.No.65460/12 [LB-RES]. IN WP.107586/14: BETWEEN: SHRI. ASHOK MAHADEV POTDAR AGE:64. YEARS, OCC: BUSINESS & AGRICULTURE, R/O. BELGAUM ROAD, HUKKERI, DIST: BELGAUM. ... PETITIONER (BY SRI. G B NAIK & SMT P G NAIK, ADVS.) AND1 2.3. THE DEPUTY COMMISSIONER BELGAUM. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL HUKKERI. SHRI.DAUD MOHAMAMDGOUS BAGAWAN AGE:52. YEARS, OCC: BUSINESS R/O. BELGAUM ROAD, HUKKERI, DIST: BELGAUM. ... RESPONDENTS (BY SACHIN S MAGADUM, ADV. FOR C/R3, SMT.K. VIDYAVATHI, AGA FOR R.1) :2. : THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED0506.2014 PASSED BY THE RESPONDENT NO.1 IN BGM.MUN/APL/CR/104/2011- 12 ANNEXURE-H, AND ETC. IN W.P.NO.65460/2012 BETWEEN SHRI ASHOK MAHADEV POTDAR AGE:64. YEARS, OCC: BUSINESS R/O. BELGAUM ROAD, HUKKERI, DIST: BELGAU...
Hemalata Vs. Mohan
Court: Karnataka Dharwad
Decided on: Jan-08-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying This Hon'ble Court To Modify The Impugned Order Dated: 17/07/2013, Passed By The Family Court Judge At Dharwad, On I.A.No.1 In M.Cno. 19/2013 (Annexure-D) And Consequently Be Pleased Enchance The Maintenance Amount From Rs. 15,000/- To Rs.50,000/- Per Month, Payable To Enhance The Litigation Expenses Form Rs.25,000/- To Rs.50,000/-.) 1. Marriage of the petitioner and the respondent was solemnised on 30.04.2007 and was registered on 15.11.2007. The petitioner was employed prior to the marriage. After the marriage, she has left the job. On account of incompatibility, the spouses having withdrawn from each other, after issuing of a notice, respondent filed MC No.19/2013, in the Family Court, Dharwad. The petitioner, having entered appearance, filed an application under Section 24 of the Hindu Marriage Act and the same was allowed in part on 17.07.2013, The respondent was directed to pay penden...
The SELCO Solar Light Pvt Ltd. and Another Vs. Ramesh
Court: Karnataka Dharwad
Decided on: Jan-08-2015
(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of Constitution Of India Praying This Hon'ble Court To Set Aside/Quash The Order Dated:05/06/2013 Passed By The District Consumer Disputes Redressal Forum At Belgaum, In Ep.No.31/2012, Vide Annexure-N, And All Further Proceedings Pursuant Thereto. 1. Sri.Veeresh R Budihal, learned advocate for the petitioners, sought permission to withdraw these writ petitions, with liberty being reserved to the petitioners, to approach the Karnataka State Consumer Disputes Redressal Commission, by way of an appeal, as against the impugned order of the District Consumer Forum, ny invoking Section 27- A(a) of the Consumer Protection Act, 1956. 2. This submission was made on account of the resistance offered to this writ petition by Sri.Mrutynjay Tata Bangi, who submitted that this petition is not maintainable on account of availability of statutory remedy of appeal, both on facts and on law. Sri.Mrutynjay Tata Bangi submitted that the st...
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