Karnataka Dharwad Court June 2015 Judgments
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The Section Officer, O and M Division, HESCOM Athani Taluk, Belgaum Di ...
Court: Karnataka Dharwad
Decided on: Jun-11-2015
1. This appeal is filed by the defendants in Original Suit No.15 of 2011 against the order dated 8-11-2013 on the file of the Senior Civil Judge, Athani. Parties are referred to as per the ranking in the Court below. 2. The facts leading to this case are, on 4-3-2010 at about 8.00 p.m., the plaintiff was electrocuted by coming in direct contact with the electric wire which was hanging from LT line pole. As a result, plaintiff suffered grievous burn injuries and was treated as an inpatient from 5-3-2010 to 21-4-2010 and again from 8-11-2011 to 10-11-2011, his right hand was amputated at the above elbow level and several surgeries were conducted to cover up the burn injuries. At the time of incident, plaintiff was aged 30 years and was doing coolie work. O.S.No.20 of 2015 was filed by the plaintiff originally claiming damages of Rs.12,00,000/- with 18% interest subsequently amended to Rs.30,00,000/- from the date of incident till its realisation, alleging negligence on the part of appell...
Bharatitya Adima Jatti Vs. Sanjeevappa
Court: Karnataka Dharwad
Decided on: Jun-10-2015
(Prayer: This CRP is filed U/S.115 of CPC., praying to (a) set aside the order dated: 20.04.2015 passed by the learned Prl. Civil Judge and 1st Addl. JMFC, Renebennur on IA NO. 14 in OS No. 298/2013 filed by the petitioner and dismiss the suit for want of Jurisdiction and (b) Consequently allow the Application filed by the Petitioner under IA No.14 in OS No.298/2013 filed by the Petitioner for dismissal of the suit for want of jurisdiction. 1. The petitioner/defendant filed the above Civil Revision Petition challenging the order dated 20.04.2015 on I.A. No.14 in O.S. No. 298/2013, dismissing the application as not maintainable, holding that the Court has got jurisdiction to entertain and try the suit filed by the plaintiff in the present from. 2. The respondent/plaintiff filed O.S.No.298/2013 for declaration and permanent injunction in respect of the suit schedule properties, contending that he is the owner, in possession of the suit properties in question, based on a registered sale d...
Bharatiya Adima Jatti Sevaka Sangh (Regd.), Vs. Sanjeevappa S/O Mallap ...
Court: Karnataka Dharwad
Decided on: Jun-10-2015
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10T H DAY OF JUNE, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA CIVIL REVISION PETITION No.100040 OF2015BETWEEN: BHARATIYA ADIMA JATTI SEVAKA SANGH (REGD.), BEARING REG. NO.52/1986-87 (B.A.J.S.S.) C/O SRI DURGA MATHA INDEPENDENT P.U. COLLEGE, REP. BY ITS CHAIRMAN, RUDRAPPA S/O MANAPPA LAMANI, AGE:55 YEARS, OCC:SOCIAL WORK AND AGRICULTURE, AT: KAVALETTU, POST: KUMARPATTANAM, TQ: RANEBENNUR, DIST: HAVERI. ... PETITIONER (By Sri. K L PATIL ADV.) AND: SANJEEVAPPA S/O MALLAPPA KUNDAPUR, AGE:60 YEARS, OCC:BUSINESS, R/O: KODIYAL-HOSPET, POST: KUMARPATTANAM, TQ: RANEBENNUR, DIST: HAVERI. (By Sri. V P KULKARNI ADV.) ... RESPONDENT :2. : THIS CRP IS FILED U/S.115 OF CPC., PRAYING TO (a) SET ASIDE THE ORDER DATED:20.04.2015 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND1T ADDL. JMFC, RANEBENNUR ON IA NO.14 IN OS NO.298/2013 FILED BY THE PETITIONER AND DISMISS THE SUIT FOR WANT (b) CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIO...
Sharanappa Shivappa Alur and Others Vs. Shivappa Bharamappa Alur and O ...
Court: Karnataka Dharwad
Decided on: Jun-09-2015
1. Plaintiff in O.S.No.34 of 1997 filed a suit for specific performance against Shivappa and his mother Shivakka with regard to the suit property mentioned therein. Shivappa's sons, daughter and wife filed O.S.No.100 of 1997 against Shivappa and Shivakka, who are defendants in O.S.No.34 of 1997 and Kotrappa for partition and separate possession with regard to the suit properties mentioned therein. Both the suits were clubbed together. 2. O.S.No.100 of 1997 namely, the suit for partition and separate possession was dismissed. Aggrieved by the same, the plaintiffs have filed the instant appeal. The parties are referred to as per their rank in the Trial Court in O.S.No.100 of 1997. 3. Suit schedule property in O.S.No.34 of 1997 is the first item of suit schedule property in O.S.No.100 of 1997. The case of the plaintiffs is that plaintiffs 1 to 4 who are minors are under the care and custody of their mother Smt. Renuka-plaintiff 5. Father of the plaintiffs 1 to 4 and husband of plaintiff 5...
Kasturevva Vs. Jayashree
Court: Karnataka Dharwad
Decided on: Jun-09-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned compromise decree passed by the learned Civil Judge (Jr.Dn) Ramdurga in O.S.No. 81/2004 dated 28/02/2006 and 06/03/2006 vide Annexure-B and the suit be restored on its file for hearing on merits. 1. The petitioner/plaintiff has filed the above writ petition for quashing of the impugned compromise judgment and decree dated 28.02.2006 and 6.3.2006 made in O.S. No.81/2004 on the file of Civil Judge (Jr.Dn.), Ramdurga, and for restoration of the suit on its file mainly on the ground that the impugned compromise judgment and decree of the Court below is improper and illegal and the said compromise decree obtained by the defendant is a fraudulent act committed by son-in-law of the petitioner, who is the cousin brother of respondent. 2. The facts of the case are as under: The plaintiff/petitioner filed a suit for declaration and permanent injunction against the defendant...
Kasturevva W/O Hemappa Basureddy Vs. Jayashree W/O Late Basavareddy Ba ...
Court: Karnataka Dharwad
Decided on: Jun-09-2015
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE09h DAY OF JUNE, 2015 BEFORE THE HONBLE MR. JUSTICE B. VEERAPPA W.P. NO.109988/2014 (GM-CPC) BETWEEN KASTUREVVA W/O HEMAPPA BASUREDDY AGE:65. YEARS, OCC: HOUSEHOLD & AGRICULTURE, R/O: MULLUR, TQ: RAMDURG, DIST: BELGAUM. ... PETITIONER (BY SRI. B V SOMAPUR, ADV.,) AND SMT.JAYASHREE W/O LATE BASAVAREDDY BASUREDDY NOW AFTER HER REMARRIAGE HER NAME IS SMT. JAYASHREE W/O BASAVAREDDY DEVAREDDY, AGE ABOUT30YEARS, OCC: HOUSEHOLD, R/O: PADESUR, TQ: NAVALGUND. ... RESPONDENT ... THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED COMPROMISE DECREE PASSED BY THE LEARNED CIVIL JUDGE (JR.DN) RAMDURGA IN O.S.No.81/2004 DATED :2. :28. 02/2006 AND0603/2006 VIDE ANNEXURE-B AND THE SUIT BE RESTORED ON ITS FILE FOR HEARING ON MERITS. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner/plaintiff has filed the above writ ...
Shantappa @ Shantakumar Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Jun-08-2015
1. Heard the learned Counsel for the petitioner and also the learned HCGP for the State. 2. The original complainant is the father of the victim one Shekargouda. The case of the complainant is that a week before the alleged incident that the victim and his friend were proceeding to the college, the accused is said to have teased the victim and the village elders had advised him not to carry on in the same vein. It is alleged that, enraged by this the accused is said to have sexually assaulted the deceased who is aged about 16 years. 3. It is stated that on 01.02.2015 at about 3:00 p.m., the deceased was returning home after giving dried cloths to her uncle, the accused came on his motorcycle, followed her, held her by her hand and has dragged her into the shed and committed rape and when the victim screamed the villagers who were nearby gathered around the shed and on seeing the people the accused is said to have run away from the place. The jurisdictional police registered a case in C...
Siddappa S/O Laxmibai Madigar @ Dodawad Vs. Tangewwa Nagappa Hosur
Court: Karnataka Dharwad
Decided on: Jun-08-2015
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE08T H DAY OF JUNE, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA WRIT PETITION No.104485 OF2014[GM-CPC]. BETWEEN: SIDDAPPA S/O LAXMIBAI MADIGAR @ DODAWAD, SINCE DECEASED R/BY HIS LRS1 KUSHAVVA @ KUSUMA W/O. SIDDAPPA MADIGAR@ DODAWAD AGE:36. YEARS, OCC: HOUSEHOLD WORK R/O. SANKONATTI-591304, TQ: ATHANI DIST: BELGAUM2 SHREEDHAR S/O. SIDDAPPA MADIGAR @ DODDAWAD AGE:17. YEARS, OCC: STUDENT, MINOR R/BY HIS MOTHER-PETITIONER NO.1: KUSHAVVA @ KUSUMA W/O. SIDDAPPA MADIGAR@ DODAWAD AGE:36. YEARS, OCC: HOUSEHOLD WORK R/O. SANKONATTI-591304, TQ: ATHANI DIST: BELGAUM3 RAMAPPA S/O. SIDDAPPA MADIGAR @ DODDAWAD AGE:15. YEARS, OCC: AGRICULTURE, MINOR R/BY HIS MOTHER KUSHAVVA @ KUSUMA W/O. SIDDAPPA MADIGAR@ DODAWAD AGE:36. YEARS, :2. : OCC: HOUSEHOLD WORK R/O. SANKONATTI-591304, TQ: ATHANI DIST: BELGAUM4 YALLAPPA @ YALLALING S/O. SIDDAPPA MADIGAR @ DODDAWAD AGE:13. YEARS, OCC:STUDENT, MINOR R/BY HIS MOTHER KUSHAVVA @ KUSUMA W/O. SIDDAPPA ...
Gundappa @ Ramappa and Others Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Jun-05-2015
(Prayer: This criminal petition is filed u/s 438 of Cr.P.C. seeking to enlarge the Petitioners No.1 to 7 on bail in the event of their arrest in Kerur P.S. Crime No.10/2015 registered by the kerur police for the alleged offences punishable u/s 143, 147, 148, 447, 323, 324, 353, 355, 427, 379, 504 r/w sec 149 of IPC.) 1. Heard the learned counsel for the petitioners and learned Additional State Public Prosecutor. 2. The complainant is the Chief Officer of Kerur Town Panchayat. It is alleged that the petitioners herein, who are excavating silt from the town lake and in the process had damaged and destroyed the fencing that had been put up around the lake and that the excavation of the soil was without the required permission. It is alleged that the soil and silt have been transported by a truck bearing No.KA 49 1927 and a tractor bearing Reg. No. KA 29 4868, a tipper bearing Reg. No. KA 28 B 5751 and a JCB bearing Reg. No.KA 24 M 1738 were also been used for the said purpose It is furthe...
Shivaputrappa and Others Vs. The Management of M/s. Vivada Chemicals ( ...
Court: Karnataka Dharwad
Decided on: Jun-04-2015
(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India praying to set aside the award dt. 12.7.2005 passed by the industrial tribunal in I.D.No.151/2001 vide annex.F.) 1. The petitioners and others were under the employment of the respondent. Respondent Company was closed with effect from 15.02.1997. No notice was given to them or to the Union. On a claim being set up by the Union, a Reference was made to the Labour Court under Section 10 (1) (c) of the Industrial Disputes Act, (for short 'the Act'). The Reference was as to 'whether the employees were justified in demanding their reinstatement who have been terminated by the Management by illegally closing the industrial unit?' If not, 'whether their demand is justified in the implementation of the Voluntary Retirement Scheme (for short 'VRS') as per Clause 5 of the Settlement dated 14.02.1996?'. If not, 'whether their demand to work in the sister concern could be granted or not?'. By the impugned aw...
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