Karnataka Dharwad Court January 2015 Judgments
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Veeresh Vs. Viraktamath Chikkerur
Court: Karnataka Dharwad
Decided on: Jan-08-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order Dated 29.04.2014 Passed By The Civil Judge And Jmfc, Hirekerur, On I.A.No.I, In O.S.No.266/2011, Vide Annexure-E.) 1. The petitioner herein is the defendant in O.S.No.266/2011. 2. The suit is filed by the respondent herein seeking for a judgment and decree for recovery of possession of the suit schedule property and for the damages to be determined and awarded to the plaintiff. 3. The plaintiff therein contends that the defendant is the tenant in respect of the suit schedule property. The defendant has filed a detailed written statement disputing the contentions put forth in the plaint. Apart from the other contentions, the defendant has also disputed the jural relationship of the landlord and the tenant between the plaintiff and the defendant. It is the case of the defendant that the plaintiff who has been removed by the Trust is not entitled to maintain the suit. It...
Basawwa and Others Vs. State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Jan-08-2015
1. Heard Sri H.M. Dharigond, learned Advocate appearing for petitioners and Sri Ravi V. Hosmani, learned Additional Government Advocate appearing for respondents and perused case papers. 2. Petitioners are questioning the order dated 20-11-1980 passed by the Land Tribunal, Badami Annexure-H whereunder land bearing Sy.No.3/1B measuring 3 acres 17 guntas situated at Sulla Village, Badami Taluk has been granted in favour of third respondent by issuance of occupancy rights in his favour. 3. It is the contention of Sri Dharigond, learned Advocate appearing for petitioners that petitioners are daughters of deceased Sri Nimbanna who was the original owner of the said land and he had acquired said property under partition under partition which incurred in the year 1938 pursuant to which, Revenue records came to be mutated in the name of deceased Sri Nimbanna. It is contended that third respondent who is also an adopted son of deceased Sri Mahagundappa Kulkarni, another branch of deceased Sri ...
Ningappa Durgappa Madar Vs. The State Of Karnataka By Its Secretary To ...
Court: Karnataka Dharwad
Decided on: Jan-08-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Direct The 2nd Respondent To Allot The Land Bearing Sy.No. 18/B Measuring 2 Acres Of Old Gurlhosur Village In Favour Of The Petitioner As Per The Request Vide Form No.1 At Annexure- Dated:02/06/2011.) 1. Heard Sri Laxman T Mantagani, learned Advocate appearing for petitioner and Sri Ravi V Hosrnani, learned Additional Government Advocate appearing for respondents. 2. Grievance of the petitioner is, Gurlhosur village has been submerged in Malaprabha project and villagers of said village have been rehabilitated at Ramapur site at Saundatti and land bearing Sy. No. 18/B situated at said Gurlhosur village measuring 2 acres had been earlier reserved for burial ground and after shifting of said village to Ramapur, burial ground had lost its characteristic and as such, same having been left unused and as such it was being cultivated by father of petitioner by investing huge amounts for mor...
Prism Enterprises a Partnership Firm Vs. Standard Engineering a Partne ...
Court: Karnataka Dharwad
Decided on: Jan-07-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Order Dated 22/01/2011 On I.A.No.2 In O.S.No.342/2009 On The File Of First Additional Civil Judge, Junior Division, Belgaum In Allowing The Application U/O.3 Rule.2 R/W. Sec. 151 Of Cpc., Produced As Per Annexure-A.) 1. Heard the arguments of Shri R.M.Kulkarni, learned counsel appearing for the petitioner and Shri Shreevatsa Hegde, learned counsel appearing for the respondent - plaintiff. Perused the impugned order. 2. Respondent - plaintiff had instituted a suit for ejectment of the petitioner - defendant from the suii: schedule premises on various grounds. Plaint came to be presented by one of the partners of the plaintiff firm and defendant on service of suit summons, appeared, filed written statement and contested the matter. When matter was set said down for evidence, plaintiff has filed an application under Order 3 Rules 1 and 2 read with Section 151 CPC seeking perm...
Dhiraj Vs. Naina
Court: Karnataka Dharwad
Decided on: Jan-06-2015
(Prayer: This Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order Dated 31.10.2013 Passed On I.A.No.II In M.C.No.114/2013 On The File Of The Hon'ble Judge Family Court, Belgaum.) 1. The marriage of the petitioner with the respondent was solemnized on 07.05.2009. On account of incompatibility, they are living away from each other. The petitioner has instituted M.C.No.114/2013 against the respondent, under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 in the family Court at Belgaum to pass a decree of divorce. The case has been contested by the respondent by filing statement of objections. I.A.II was filed under Section 24 of the Hindu Marriage Act, 1955. Despite the objections being filed vide Annexure-D, an order having been passed, allowing the application in part and directed the petitioner to pay interim maintenance at Rs.4,000/- p.m. from the date of I.A.II was filed, apart from payment of Rs.5,000/- towards litigation...
National Insurance Company Limited, Hubli and Others Vs. Gangadhar and ...
Court: Karnataka Dharwad
Decided on: Jan-05-2015
(Prayer: This Miscellaneous First Appeal filed under Section 30(1) of Workmens Compensation Act, 1923, against the judgment and order dated 27.11.2008 passed in WCA/NF-12/2008 on the file of the Labour Officer and Commissioner for Workmens Compensation, sub-division-II, Hubli, awarding compensation of Rs. 1,85,951/- along with interest at the rate of 12% P.A. This Miscellaneous First Appeal filed under Section 173(1) of Motor Vehicle Act, 1988, against the judgment and award dated 16.4.2009 passed in MVC No. 75/2008 on the file of the VI-MACT, Kudligi, awarding the compensation of Rs. 3,81,000/- with interest at the rate of 8% P.A., from the date of petition till the date of deposit. This Miscellaneous First Appeal filed under Section 173(1) of Motor Vehicle Act, 1988, against the judgment and award dated 16.1.2010 passed in MVC No. 64/2009 on the file of the Civil Judge (Sr.Dn.) cum-Member, MACT-VI, Kudligi, awarding the compensation of Rs.1,68,800/- with interest at the rate of 8% P...
s.v. Patil S/O. Vittal Patil Vs. The Commissioner
Court: Karnataka Dharwad
Decided on: Jan-05-2015
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE5T H DAY OF JANUARY, 2015 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.75045 OF2013[GM-PDS]. BETWEEN SRI. S.V. PATIL S/O. VITTAL PATIL AGED ABOUT:42. YEARS, OCC: BUSINESS R/O. KUDREMANI TALUK, DIST: BELGAUM. (BY SRI: SUNIL S DESAI, ADV.) ... PETITIONER AND1 THE COMMISSIONER & APPELLATE AUTHORITY OF FOOD & CIVIL SUPPLIES & DEPT. OF COUNSUMER AFFAIRS,CUNNINGHAM ROAD, BANGALORE2 THE DEPUTY COMMISSIONER (FOOD) BELGAUM :2. :3. JAI HANUMAN YUVAK SANGHA, SHOP NO.107, REPRESENTED BY ITS PRESIDENT ARJUN S/O NAGAPPA PANNALAKAR, AGE:60. YEARS, OCC: BUSINESS/AGRICULTURE, R/O MARUTI GALLI, KUDREMANI, TQ: & DIST: BELGAUM. AMENDED AS PER COURT ORDER DATED:19. 08.2013 (BY SMT: K. VIDYAVATI, AGA. FOR R-1 & R-2; SRI: R.M. KULKARNI, ADV. FOR R-3) ... RESPONDENTS2804.2012 THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF SUSPENSION2N D DATED RESPONDENT AS PER ANNE...
National Insurance Co Ltd Vs. Gangadhar S/O Basavanneppa Akki
Court: Karnataka Dharwad
Decided on: Jan-05-2015
1 R IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH, DHARWAD DATED THIS THE05H DAY OF JANUARY2015BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY MISCELLANEOUS FIRST APPEAL No.21080 OF2009CONNECTED WITH MISCELLANEOUS FIRST APPEAL No.22392 OF2009MISCELLANEOUS FIRST APPEAL No.22002 OF2010MISCELLANEOUS FIRST APPEAL No.23825 OF2009MISCELLANEOUS FIRST APPEAL No.23824 OF2009MISCELLANEOUS FIRST APPEAL No.20299 OF2010MISCELLANEOUS FIRST APPEAL No.20907 OF2010MISCELLANEOUS FIRST APPEAL No.23011 OF2009MISCELLANEOUS FIRST APPEAL No.23012 OF2009IN M.F.A.No.21080 OF2009BETWEEN: National Insurance Company Limited, Divisional Office, Sujata Complex, Near Bus Stand, P.B.Road, Hubli. (By Shri. S.K.Kayakamath, Advocate) APPELLANT2AND:1. 2. Sri. Gangadhar, Son of Basavanneppa Akki, Age:22. years, Occupation: Driver now Nil, Resident of Post: Umachagi, Taluk: Hubli, District: Dharwad. Shri. Bheemappa, Son of Ramappa Agasimani, Occupation: owner of Tata Mini Goods Truck bearing No.KA-29.3996, Resident of...
Mugutsab and Others Vs. Khansab
Court: Karnataka Dharwad
Decided on: Jan-02-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order Dated 19/09/2014 On I.A.No.3 In O.S.No.41/2012 Passed By The Civil Judge And Jmfc, Bailhongal Sitfing At Kittur As Per Annexure-F Herein And Consequently By Dismissing The Said I.A.No.3 Filed Under Order 6 Rule 17 Of Cpc By The Respondent Herien.) 1. The petitioners are the plaintiffs in O.S.No.41/2012. In a suit filed by the plaintiffs seeking declaration of ownership in respect of the suit schedule property, the defendant filed an application in I.A.No.III under Order VI Rule 17 of the Code of Civil Procedure seeking amendment to the written statement filed in the said suit. The Court below by the order impugned dated 19/09/2014, has allowed the application. The plaintiffs claiming to be aggrieved are before this Court. 2. Heard the learned counsel for the parties and perused the order passed by the Court below and also perused the written statement and the nature o...
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