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Karnataka Dharwad Court February 2015 Judgments

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Feb 27 2015

Visvesvaraya Technological University, rep. by its Registrar Vs. The C ...

Court: Karnataka Dharwad

Decided on: Feb-27-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification bearing no.gs 11 TUM 2014 dated 19.12.2014 (Annexure-A) issued by respondent.) 1. Petitioner which is a University established under the provisions of The Visvesvaraya Technological University Act, 1994 (hereinafter referred to as Act for short) is calling in question notification dated 19.12.2014 Annexure-A issued by Governor of Karnataka and Chancellor of Universities in Karnataka in exercise of the powers conferred under Section 11(1) and (2) of the Act whereunder Sri. Justice Ajit J. Gunjal, Former Judge, High Court of Karnataka has been appointed as one man fact finding committee to enquire into the allegations made in the complaints which has been received by the Chancellor alleging irregularities and mismanagement at the petitioner-University (for short `VTU). 2. I have heard the arguments of Sri. D.N. Nanjunda Reddy, Learned Senior Counsel appearing on ...


Feb 27 2015

Vishvesvaraya Technological University Vs. The Chancellor

Court: Karnataka Dharwad

Decided on: Feb-27-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE27H DAY OF FEBRUARY, 2015 BEFORE THE HONBLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.60592 OF2014[S-RES]. BETWEEN: VISVESVARAYA TECHNOLOGICAL UNIVERSITY GNANA SANGAMA BELAGAAVI-590 018 REPRESENTED BY ITS REGISTRAR ..PETITIONER AND: THE CHANCELLOR VISVESVARAYA TECHNOLOGICAL UNIVERSITY RAJ BHAVAN BENGALURU 560 001 REPRESENTED BY UNDER SECRETARY TO GOVERNOR (UNIVERSITY) ..RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION BEARING NO.GS11TUM2014DATED1912.2014 (ANNEXURE-A) ISSUED BY RESPONDENT. :2. : THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Petitioner which is a University established under the provisions of The Visvesvaraya Technological University Act, 1994 (hereinafter referred to as `Act for short) is calling in question notification dated 19.1...


Feb 26 2015

Bengali Peer Dargah Karadga Karadga Village Vs. Usman Karim Mulla and ...

Court: Karnataka Dharwad

Decided on: Feb-26-2015

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying This Hon'ble Court To: Quash The Impugned Order Dated 28.07.2014 Passed In Kwt.Bij.Sr.No.03/2007 Vide Annexure-C.) 1. Challenge in this writ petition is to an order dated 28.07.2014 passed by the Karnataka Wakf Tribunal, Belgaum, (for short 'the Tribunal'), dismissing KWT.BIJ.SR.NO.3/2007. 2. Brief facts necessary for deciding of this petition are that the petitioner filed in the Tribunal, the suit, registered as No.KWT.BIJ.SR.NO.3/2007, to pass a decree of perpetual injunction against respondent No.1, from interfering with the peaceful possession and enjoyment of the property, being 6 acres 31 guntas of land, in RS No.2 of Karadaga Village, Chikkodi Taluk, Belgaum District. Written statement was filed by respondent No.1, contending that the suit is false, frivolous, vexatious and that the Tribunal has no jurisdiction to try the case, particularly, on account of the pendency of RSA Nos.1091...


Feb 26 2015

M/s. Nandi Engineering (Pvt.) Ltd. rep. by its Director D. Ravi Shanka ...

Court: Karnataka Dharwad

Decided on: Feb-26-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying this Honble Court to quash the notification dtd. 10/9/08 issued by 1st respondent produced at Annexure-S and direct the 1st respondent to issue notification u/s 28(4) of KIAD Act acquiring an extent of 4 acres 27 guntas in sy.no.121/1+2 of Gabbur village in Dharwad District and etc.) 1. The petitioner is a company registered under the Companies Act. A tender notification for formation of by-pass road and truck terminal having been issued, the petitioner submitted tender along with the project report. The single window agency accorded approval to the project of constructing truck terminal at Dharwad. An agreement dated 15.11.2000, was entered by the Karnataka Industrial Areas Development Board (for short the Board), for acquiring 30 acres 5 guntas of land to set up Truck Terminal at Dharwad. The Board having instructed on 06.03.2003, to deposit 40% of the acquisition cost for issuing notific...


Feb 26 2015

Bengali Peer Dargah Karadga Vs. Usman Karim Mulla

Court: Karnataka Dharwad

Decided on: Feb-26-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE26T H DAY OF FEBRUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.108325/ 2014 [GM-WAKF]. BETWEEN: BENGALI PEER DARGAH KARADGA KARADGA VILLAGE, TQ:CHIKODI, DIST: BELGAUM BY ITS MUTAWALLI MALANGSHA GURU GULZARSHA FAKEER AGE:49. YEARS, OCC: AGRICULTURE R/O. KARADGA VILLAGE TQ: CHIKODI, DIST: BELGAUM. (BY SRI SACHIN S MAGADUM, ADV.) ... PETITIONER AND:1. MR. USMAN KARIM MULLA AGE:52. YEARS, OCC: NIL R/O. KARADAGA-591246, TQ:CHIKODI DIST: BELGAUM2 CEO KARNATAKA STATE OF BOARD OF WAKF, CUNNINGHAM ROAD, BANGALORE 560 002. (BY SRI. M G NAGANURI, ADV. FOR C/R1 SRI SADIQ N. GOODWALA, ADV. FOR R2) ... RESPONDENTS :2. : THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF CONSTITUTION OF INDIA PRAYING THIS HONBLE COURT TO: QUASH THE IMPUGNED ORDER DATED2807.2014 PASSED IN KWT.BIJ.SR.NO.03/2007 VIDE ANNEXURE-C. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE ...


Feb 26 2015

M/S. Nandi Engineering (Pvt) Ltd. Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Feb-26-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE26T H DAY OF FEBRUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.67069/2009 [LA-KIADB]. BETWEEN: M/S. NANDI ENGINEERING (PVT) LTD. REGD. OFFICE AT NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF.M.G.ROAD, BANGALORE-560001, BRANCH OFFICE AT R.S.NO.118, HUBLI-DHARWAD BY-PASS GABBUR, HUBLI 28 R/B ITS DIRECTOR D. RAVI SHANKAR. (BY SRI. V.M. SHEELVANT, ADV.) ... PETITIONER AND1 THE STATE OF KARNATAKA R/B ITS SECRETARY TO GOVERNMENT, :2. : DEPARTMENT OF COMMERCE AND INDUSTRIES, DR.AMBEDKAR BEEDI, BANGALORE-560001.2. SPECIAL LAND ACQUISITION OFFICER, KIADB, HUBLI ROAD, DHARWAD3 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, R/B ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, BANGALORE4 BIMAL S/O KANTILAL MEHTA, AGE:43 YRS, OCC:BUSINESS, R/O HIREPET, HUBLI, DIST:DHARWAD. (BY SMT. K.VIDYAVATI, AGA FOR R1 & R2 SRI P.N. HATTI, ADV. FOR R3 SRI V.P. KULKARNI, ADV. FOR R4) ... RESPONDENTS THIS WRIT PETITION IS FI...


Feb 20 2015

Somashekar Chidanand Badiger and Another Vs. The Chief Executive Engin ...

Court: Karnataka Dharwad

Decided on: Feb-20-2015

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying This Hon'ble Court To: Issue A Writ Of Certiorari Or Any Other Writ Or Order Or Direction Modifying The Award Dted:07/05/2010 Passed By The Permanent Lok Adalat, Belgaum In O.P. No.29/2009 By Enhancing Compensation As Prayed I.E. Rs. 10,00,000/- With Interest At The Rate 18% P.A. The Certified Copy Of The Award Is Herewith Produced And Marked At Annexure-A.) 1. The parents, who lost their 13 year old son due 10 electrocution are in appeal, aggrieved by the inadequate compensation awarded by the permanent Lok Adalat (tor short 'Adalat'), Belgaum. 2. Appellants had filed O.P.No.29/2009, under Section 22(C)(I) of Legal Service Authorities Act, claiming compensation of Rs. 10,00,000/- from the respondents, for the death of their son Master Vinayak, due to electrocution. 3. The Adalat held that the petitioners son died on 16.09.2008, due to electrocution and awarded compensation, under the head,...


Feb 20 2015

Sri. Somashekar Chidanand Badiger, Vs. The Chief Executive Engineer,

Court: Karnataka Dharwad

Decided on: Feb-20-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE20T H DAY OF FEBRUARY2015BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.67159 OF2010[GM-RES]. BETWEEN:1. 2. SRI. SOMASHEKAR CHIDANAND BADIGER, AGE:40. YEARS, OCC: COOLIE, SMT. BHARATI W/O SOMASHEKAR BADIGER, AGE:36. YEARS, OCC: HOUSEHOLD WORK, BOTH PETITIONERS ARE R/O M. K. HUBLI, TQ. BAILHONGAL, DIST. BELGAUM. (BY SRI. VITTHAL S TELI, ADV.) ... PETITIONERS AND:1. 2.3. THE CHIEF EXECUTIVE ENGINEER, KPTCL/HESCOM, BAILHONGAL, BAILHONGAL, BELGAUM. THE ASSISTANT EXECUTIVE ENGINEER, KPTCL/HESCOM, BAILHONGAL, BELGAUM. THE SECION OFFICER, HESCOM, CHENNAMMA KITTUR, TQ. BAILHONGAL, DIST. BELGAUM. (BY SMT. SHARMILA M PATIL, ADV.) ... RESPONDENTS :2. : THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF CONSTITUTION OF INDIA PRAYING THIS HONBLE COURT TO: ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION MODIFYING THE AWARD DTED:07/05/2010 PASSED BY THE PERMANENT LOK ADALAT, BELGAUM IN O.P. NO...


Feb 19 2015

Puttalinganagouda @ Veeranagouda B Patil and Others Vs. The Union of I ...

Court: Karnataka Dharwad

Decided on: Feb-19-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc;) 1. The petitioners are seeking to challenge the constitutional validity of the 'Explanation' appended to Sub-section (5) of Section 6 of the Hindu Succession (Amendment) Act, 2005, (Act 39 of 2005), namely: "Explanation: For the purposes of this Section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court". The petitioners are also seeking a declaration that the amendment to Section 6 of the Hindu...


Feb 19 2015

Puttalinganagouda @ Veeranagouda B Patil Vs. The Union of India

Court: Karnataka Dharwad

Decided on: Feb-19-2015

1 IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH, DHARWAD DATED THIS THE19h DAY OF FEBRUARY2015BEFORE: THE HONBLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.83569 OF2013(GM-RES) BETWEEN:1. Puttalinganagouda @ Veeranagouda B Patil, Since deceased by his Legal Representatives 1A. Smt. Kanakavva, Wife of Late Puttalinganagouda @ Veeranagouda B Patil, Age:85. years, Occupation: House Wife and Agriculture, Resident of Servikeri Oni, Hangal, Taluk: Hangal, District: Haveri. Doddabasavanagouda V Patil, Age:55. years, Occupation: Agriculture, Resident of Servikeri Oni, Hangal, Taluk: Hangal, 2. 2 District: Haveri. PETITIONERS Fakkiragouda Veeranagouda B Patil Age:64. years, Occupation: Advocate and Agriculture, Resident of No.459, 2nd Cross, 4th Main, near Vidyagiri Police Station, Dharwad.-04. [cause title amended As per the Court order Dated:18. 8.2014].3. (By Shri. S.S.Nagananda, Senior Advocate and Shri. Vijayendra Bhimakkanavar, Advocate) AND:1. 2.3. Smt. Parvathamma B Muttalli, Age:6...


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