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Karnataka Dharwad Court July 2015 Judgments

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Jul 30 2015

Shivananda B. Nagur and Others Vs. State of Karnataka, rep. by its Sec ...

Court: Karnataka Dharwad

Decided on: Jul-30-2015

(Prayer: These Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash Annex.E dated 03.12.2010 in Application No.1437 to 1442/2010 passed by the Karnataka Administrative Tribunal and allow the Application No.1442/2010 filed by the petitioners by granting the relief sought in the Application No.1442/2010 before the Karnataka Administrative Tribunal and etc.) P.S. Dinesh Kumar, J. 1. Petitioners are unsuccessful applicants before the Karnataka Administrative Tribunal (hereinafter referred to as Tribunal', for short) and calling in question the order of the Tribunal dated 03.12.2010 in Applications No.1437 to 1442/2010, dismissing their applications. 2. Gravamen of petitionerscase is that they are Assistant Primary School Teachers appointed on various dates and working in various schools and they are aggrieved by the notification No.DPAR 59 SRE 2002, Bangalore, dated 24.06.2003, whereby the qualification for Teachers has been amended. Petitioners have...


Jul 30 2015

Aruna and Others Vs. Madhukar Bapusaheb Lengade and Others

Court: Karnataka Dharwad

Decided on: Jul-30-2015

(Prayer: RFA filed under Sec. 96 r/w Order 41 Rule 1 of CPC, 1908, against the Judgment and decree dated 30.10.2010 passed in O.S.249/1996 on the file of the II Addl. Senior Civil Judge, Belgaum, partly decreeing the suit filed for partition and separate possession, declaration. RFA is filed under order 41 Rule 1 r/w section 96 of CPC, against the Judgment and decree dated 30.10.2010 passed in O.S.No.95/1991 on the file of the II Addl. Senior Civil Judge, Belgaum, partly decreeing the suit filed for partition an separate possession.) P.S. Dinesh Kumar, J. 1. In both appeals, appellants are aggrieved by the common judgment and decrees dated 30.10.2010, in O.S.Nos.95/1991 and 249/1996, on the file of the II Additional Senior Civil Judge, Belgaum, decreeing both suits in part. Both cases pertain to family properties belonging to Lengade family Belagavi. Hence, they are heard and disposed of by this common judgment. 2. The genealogical tree of the family is as follows: CHART ? 3. Plaintiff...


Jul 30 2015

Aruna W/O Sudhir Lengade Vs. Madhukar Bapusaheb Lengade

Court: Karnataka Dharwad

Decided on: Jul-30-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH ON THE30H DAY OF JULY, 2015 BEFORE THE HONBLE MR.JUSTICE RAVI MALIMATH AND THE HONBLE MR.JUSTICE P.S. DINESH KUMAR R.F.A.NO.4100/2012 C/W30112011 IN RFA NO4100OF2012BETWEEN1 ARUNA W/O SUDHIR LENGADE AGE:55. YEARS, OCC: HOUSEHOLD WORK R/O. 23, KHANAPUR ROAD TILAKWADI, BELGAUM-590 006 2. MAITHILI D/O. SUDHIR LENGADE AGE:33. YEARS, OCC: HOUSEHOLD WORK R/O. 23, KHANAPUR ROAD TILAKWADI, BELGAUM-590 006 3. AISHWARYA D/O. SUDHIR LENGADE AGE:30. YEARS, OCC: HOUSEHOLD WORK R/O. 23, KHANAPUR ROAD, TILAKWADI, BELGAUM-590 006 ... APPELLANTS (BY SRI M G NAGANURI, ADVOCATE) AND1 MADHUKAR BAPUSAHEB LENGADE AGE:70. YEARS SINCE DECEASED BY HIS LRs. 1A) 1(B) 1(C) 1(D) 2.3. 4.5.6. :2. : SMT.SUNITHA W/O MADHUKAR LENGADE AGE:64. YEARS, OCC: HOUSEHOLD R/O23 KHANAPUR ROAD BELGAUM-590 006 SMT.SANJANA W/O RAHUL MIRAJKAR AGE:43. YEARS, OCC: HOUSEHOLD R/O LENGADE BUILDING, CLUB ROAD BELGAUM-560 001 SHRI MAHAVEER MADHUKAR LENGADE AGE:40. YEARS, OCC: BUSINESS R/...


Jul 30 2015

Shivananda B Nagur Vs. State of Karnataka

Court: Karnataka Dharwad

Decided on: Jul-30-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH ON THE30H DAY OF JULY, 2015 BEFORE THE HONBLE MR.JUSTICE RAVI MALIMATH AND THE HONBLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.2772/2011 & WRIT PETITION NOs.69822-69826/2012 (S-KAT) BETWEEN1 2.3.4. SHIVANANDA B NAGUR, OCC/O ASST. PRIMARY, AGED34YEARS, R/O G HULIKATTI, TQ: KALAGATAGI, DIST-DHARWAD. RAMANAGOUDA PATIL S/O SHIVANAGOUDA, AGED ABOUT41YEARS, OCC-ASSISTANT PRIMARY SCHOOL TEACHER, GOVT. HIGHER PRIMARY SCHOOL, AT MUGAD JP, TQ & DIST. DHARWAD, SMT. LILAVATI S ITAGI, AGED ABOUT33YEARS, OCC-ASSISTANT PRIMARY SCHOOL TEACHER , GOVT. HIGHER PRIMARY SCHOOL, AT BYAHATTI, TQ : HUBLI. DIST. DHARWAD. SMT.LAXMI L SATALURI. AGED ABOUT31YEARS, OCC-ASSISTANT PRIMARY SCHOOL TEACHER, :2. : GOVT. HIGHER PRIMARY SCHOOL, AT ALNAVAR TQ & DIST. DHARWAD., 5. SHIVAPPA VIBHUTI S/O YALLAPPA, AGED ABOUT31YEARS, OCC-ASSISTANT PRIMARY SCHOOL TEACHER, LOWER PRIMARY SCHOOL, AT HEBBALLI, TQ & DIST. DHARWAD.6. MAHESH BAJENTRI S/O CHANABASAPPA, AGED ABOUT3...


Jul 29 2015

The Commissioner of Income Tax and Another Vs. M/s. Maruthi Subray Pat ...

Court: Karnataka Dharwad

Decided on: Jul-29-2015

(Prayer: This ITA is filed u/s.260 a of the Income-Tax Act, 1961 against Order dtd:25/11/2009 passed in I.T.A.No.86/PNJ/2009 on the file of the Income Tax Appellate Tribunal, Panaji Bench, Panaji, partly allowing the appeal and confirm the order passed by the Deputy Commissioner of Income Tax, Belgaum for the assessment year 2005-06.) G. Narendar, J. 1. This appeal is preferred under the provisions of Section 260A of ITA Act, 1961, arising out of the order dated 25.11.2009 passed by the Income Tax Appellate Tribunal, Panaji Bench, Panaji in ITA No.86/PNJ/2009, praying that the Hon'ble Court may be pleased to: I) Formulate the substantial questions of law and further has stated hereinafter; II) Allow the appeal and set aside the orders passed by the ITAT, Panaji Bench in ITA No.86/PNJ/2009, dated 25.11.2009, whereby the order of the appellate Commissioner dated 30.03.2009 confirming the order of the assessing officer was set aside and confirm the assessment of the assessing authority fo...


Jul 28 2015

Shrikant Vs. Subhas and Others

Court: Karnataka Dharwad

Decided on: Jul-28-2015

(Prayer: This Writ petition is filed under Articles 226 and 227 of the Constitution of India, Praying to set aside the order dated 05/06/2015 of the court of the PRL. Senior Civil Judge, Ranebennur passed on I.A.No.5 in R.A.81/2012 vide Annexure-G and allow the application I.A.No.5. 1. The petitioner-plaintiff/appellant filed the above writ petition against the order date 05.06.2015 dismissing his application I.A. No. V filed under Order XVIII Rule 18 of the Code of Civil Procedure, 1908 (for short the CPC'). 2. The plaintiff/petitioner filed O.S. No.146/2009 for declaration of title in respect of suit schedule Aproperty and consequential relief of mandatory injunction against the defendant to hand over the vacant possession of the suit schedule properties by removing the illegal construction, contending that the plaintiff is the absolute owner and in possession of the suit schedule properties, purchased under the registered sale deed dated 13.04.2005 for valuable consideration and the...


Jul 28 2015

Shrikant S/O Dharmajappa Chavan Vs. Subhas S/O Ramanna Pawar,

Court: Karnataka Dharwad

Decided on: Jul-28-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE28T H DAY OF JULY, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA WRIT PETITION No.107205 OF2015[GM-CPC]. BETWEEN: SHRIKANT S/O DHARMAJAPPA CHAVAN AGE:53 YEARS, OCC:GOVT. EMPLOYEE, R/O: KOTE KAKOLARA ONI, RANEBENNUR, DIST: HAVERI. ... PETITIONER (By Sri. N P VIVEKMEHTA ADV.) AND: SUBHAS S/O RAMANNA PAWAR, SINCE DECEASED BY HIS LRS1 MAINAVATI W/O.SUBHAS PAWAR AGE:53. YEARS, OCC: HOUSEHOLD WORK2 RAGHU S/O.SUBHAS PAWAR AGE:33. YEARS, OCC: AGRI., 3. RENUKA D/O.SUBHAS PAWAR AGE:31. YEARS, OCC: HOUSE HOLD WORK4 PADAMA D/O.SUBHAS PAWAR AGE:29. YEARS, OCC: HOUSEHOLD WORK :2. : ALL ARE R/O.KOTE KAKOLARA ONI RANEBENNUR, DIST: HAVERI. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED0506.2015 OF THE COURT OF THE PRL.SENIOR CIVIL JUDGE, RANEBENNUR PASSED ON I.A.NO.5 IN R.A.81/2012 VIDE ANNEXURE-G AND ALLOW THE APPLICATION I.A.NO.5. THIS WRIT PETITION C...


Jul 23 2015

Kamalawwa Parasappa Kadalagi and Another Vs. Basavanni Ramappa Mallann ...

Court: Karnataka Dharwad

Decided on: Jul-23-2015

(Prayer: This MFA is filed U/s. 173 (1) of MV Act, against the judgment and award dated 28.10.2006 passed in MVC No. 1001/2004 on the file of the Civil Judge (Sr.Dn) and Member Addl. MACT, Hukkeri, dismissed the petition as not maintainable.) 1. Heard the learned counsel for the parties. 2. The first appellant and the third respondent herein claim to be the wives of the deceased and his L.Rs. Both of them along with their respective children are said to have preferred independent claim petition in respect of the same accident i.e., MVC Nos.512 / 2004 and 10001/2004. 3. The case of claimants is that the deceased Parasappa Appayya Kadalagi met with an accident on 02.02.2004, while travelling in the offending vehicle bearing Registration No. KA “ 23 /6411 from Managutti to Daddi on payment of fare. It is alleged that due to rash and negligent driving of the offending vehicle by its driver, the vehicle turned turtle and the deceased Parasappa suffered grievous injuries and died as a ...


Jul 23 2015

National Insurance Co. Ltd. and Others Vs. D. Imamsab and Others

Court: Karnataka Dharwad

Decided on: Jul-23-2015

1. The Appellant-National Insurance Company filed these Appeals challenging the Judgment and Order dated 31.07.2007 passed in WCA 317/2004 and 367/2007 by the Labour Officer and Commissioner for Workmen Compensation, Sub-Division, Bellary (hereinafter referred to as the WCC for short). 2. Since the common order passed by the WCC is challenged in these Appeals, both the Appeals are clubbed together the disposed of by this common Judgment. 3. The 1st Respondent in these Appeals are the Claimants. The Claimant in MFA No. 13271/2007 was working as a Driver and Claimant in MFA No. 13272/2007 was working as a Loader in a Lorry bearing registration No.KA-35-B-7863 belonging to the 2nd Respondent in these Appeals. The Claimants filed the Claim petition contending that, on 22.08.2004, on the instructions of the Owner of the Lorry, after unloading the mines, when they were proceeding towards Hospet, due to the rash and negligent driving of the Tata Mobile vehicle bearing Registration No. KA-02-N...


Jul 23 2015

Kamalawwa Parasappa Kadalagi Vs. Basavanni Ramappa Mallannavar

Court: Karnataka Dharwad

Decided on: Jul-23-2015

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE23D DAY OF JULY2015BEFORE THE HONBLE MR. JUSTICE G. NARENDAR MFA No.15681/2007 (MV) BETWEEN1 2. KAMALAWWA PARASAPPA KADALAGI Age 46 YEARS KUM LAGAMAVVA D/O PARASAPA KADALAGI AGE22YEARS R/O MANAGUTTI, HUKKERI BELGAUM ... APPELLANTS (BY SRI.T.M.NADAF, ADVOCATE) AND1 BASAVANNI RAMAPPA MALLANNAVAR R/O MANAGUTTI, HUKKERI, BELGAUM2 3. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO LTD DIVISIONAL OFFICE, 5TH FLOOR SHAMBAG CHAMBERS KIRLOSKAR ROAD, BELGAUM SMT LAXMIBAI W/O PARASAPPA KADALGI, AGE35YEARS24. BASAVANNI S/O PARASAPPA KADALGI, AGE19YEARS5 APPAYYA S/O PARASAPPA KADALGI, AGE16YEARS APPELLANT NOS.3 TO5ALL R/O MANAGUTTI, HUKKERI BELGAUM R3 TO R5 ARE DELETED AS PER ORDER DATED0804.2013 ... RESPONDENTS (BY SRI.R.B.PASAPPAGOL, ADVOCATE FOR R1; SRI.S.S.JOSHI, ADVOCATE R2) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED2810.2006 PASSED IN MVC NO.1001/2004 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND M...


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