Karnataka Dharwad Court August 2015 Judgments
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Subhas Marutirao Yadav Vs. Savakka and Others
Court: Karnataka Dharwad
Decided on: Aug-31-2015
(Prayer: This RSA is filed under Section 100 of C.P.C. praying to set aside the order dated 11.2.2014 passed by the III ADDL. Senior Civil Judge, HUBLI, in R.A.No.124/13, and etc.) 1. Though the matter is listed for admission, by consent of the learned Counsel for the parties to the lis, the matter is taken up for final hearing. 2. This is the defendant's second appeal against the judgment and decree dated 11.2.2014 made in R. A. No.124/2013 on the file of the III Addl. Senior Civil Judge, Hubli, confirming the judgment and decree dated 28.3.2013 made in O.S.No.35/2007 on the file of the III Addl. Civil Judge and JMFC, Hubli, decreeing the suit in-part, declaring that the plaintiff is owner of property and directed the defendants to hand-over possession of the suit schedule property to the plaintiff within three months and refused to grant the relief of mesne profits. 3. The respondents/plaintiffs filed O.S.No.35/2007 for declaration of title and for possession of the suit property and...
Subhas Marutirao Yadav Vs. Savakka W/O. Yellappa Kanteppanvar
Court: Karnataka Dharwad
Decided on: Aug-31-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE31T DAY OF AUGUST, 2015 BEFORE THE HONBLE MR. JUSTICE B. VEERAPPA RSA NO.100123/2014 (DECLN. & POSSN) BETWEEN SUBHAS MARUTIRAO YADAV AGE:55. YEARS, OCC: AGRICULTURE R/O. MAVANUR VILLAGE TQ: HUBLI DIST: DHARWAD. ... APPELLANT (BY SRI. PRAKASH ANDANIMATH, ADV.) AND1 SAVAKKA W/O. YELLAPPA KANTEPPANVAR AGE:75. YEARS, OCC:HOUSEHOLD WORK R/O. CHALAVADI ONI KESHWAPUR, HUBLI-580 023.2. NINGAVVA W/O. RAMAPPA KADAMMAVAR AGE:65. YEARS, OCC:HOUSEHOLD WORK R/O. HOMBAL, TQ: GADAD.3. BASAVVA W/O. YELLAPPA KADAMNAVAR AGE ABOUT63YEARS, :2. : OCC: HOUSEHOLD WORK R/O. HOMBAL-582 204, TQ: GADAG.4. HANAMANTHAPPA S/O. RANGAPPA DODDAMANI AGE:55. YEARS, OCC: AGRICULTURE R/O. SHISWINAHALLI, TQ: NAVALGUND, DIST: DHARWAD. RESPONDENTS (BY SRI. SUNIL S DESAI, ADV. FOR C/R1-R4) THIS RSA IS FILED UNDER SECTION100OF C.P.C. PRAYING TO SET ASIDE THE ORDER DATED112.2014 PASSED BY THE III ADDL.SENIOR CIVIL JUDGE, HUBLI, IN R.A.NO.124/13, AND ETC. THIS RS...
Rajshekhar Vs. North-West Karnataka Road Transport Corporation, Belgau ...
Court: Karnataka Dharwad
Decided on: Aug-27-2015
1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent. 2. The petitioner was a bus conductor employed by the respondent-Corporation. The bus on which the petitioner was on duty, is said to have been intercepted by a checking squad and it was found that there were 15 passengers on the bus and the petitioner had collected fare from 8 of them but had not issued tickets to them. The petitioner was said to have been promptly issued with a charge memo and statements of the passengers is said to have been recorded. 3. Pursuant to the above, the management is said to have conducted a departmental enquiry and the charges having been found proved, the Disciplinary Authority had dismissed the petitioner from service. The added circumstance was that there was a history of 45 such instances in which the petitioner was found involved over a period of time. The petitioner had then filed a petition under Section 10(4-A) of the Industrial Disputes Act, 1947, before ...
Basanagouda Vs. The Assistant Commissioner and The Land Acquisition Of ...
Court: Karnataka Dharwad
Decided on: Aug-26-2015
Anand Byrareddy, J. - (1) The appellant is said to be the absolute owner of land bearing survey No. 266/3, measuring 24 guntas of Koppal. The same was notified for acquisition as per notification dated 29.3.2010, under Sec. 4(1) of the Land Acquisition Act, 1894, (hereinafter referred to as 'the LA Act', for brevity) for the purpose of construction of a 250 bed hospital. The Land Acquisition Officer (LAO) had passed an award on 4.2.2012 fixing the market value of the land at Rs. 2,88,000/ - per acre, on the basis of sale statistics. The appellant had filed a petition under Sec. 18(1) of the LA Act seeking enhancement of the market value at Rs. 1.50 crore per acre. The reference court had, while holding that the subject land had the potential of being developed as non -agricultural land, proceeded to assess the market value at Rs. 100/ - per sq.ft. and also deducted 60% of the same towards 'development charges' etc. It is that award which is under challenge in this appeal. (2) It is con...
Basabagouda S/O Bharamangouda Patil Vs. The Assistant Commissioner/
Court: Karnataka Dharwad
Decided on: Aug-26-2015
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE26H DAY OF AUGUST, 2015 PRESENT THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY AND THE HONOURABLE MRS.JUSTICE S.SUJATHA MISCELLANEOUS FIRST APPEAL No.25383 OF2012(LAC) Between: Basanagouda, S/o. Bharamangoud Patil, Aged about 65 years, Resident of Koppal, Taluk & District: Koppal. (By Shri Chandrashekar P. Patil, Advocate) Appellant. And:1. The Assistant Commissioner, The Land Acquisition Officer, Koppal, Taluk & District: Koppal.2. The District Surgeon, District Hospital, Koppal, Taluk & District Koppal. Respondents. (By Shri K.S. Patil, Government Pleader for Respondents 1 to2) 2 This Miscellaneous First Appeal is filed under Section 54 of the Land Acquisition Act, 1894 against the judgment and award dated 20.09.2012 passed in LAC No.38/2012 on the file of the Senior Civil Judge at Koppal, partly allowing the Reference Petition for compensation and seeking enhancement of compensation. This appeal coming on for hearing, havin...
K.S. Chaugule Vs. The Bijapur District Central Co-operative Bank Ltd., ...
Court: Karnataka Dharwad
Decided on: Aug-21-2015
(Prayer: This Civil Revision Petition is filed under Section 115 of the CPC against the Judgment dated 25.08.2009 passed in S.C. No. 43/1994 on the file of the Prl. Civil Judge (Sr. Dn.), Bijapur, decreeing the petition for recovery of money and etc.) 1. Present petition is filed calling in question the judgment and decree passed by the Principal Civil Judge (Sr. Dn.), Bijapur in S.C. No. 43/1994 dated 25.8.2009 in holding the defendant nos.1 and 2 jointly and severally liable to pay a sum of Rs.10,110/- along with interest at 18% p.a. from the date of the suit till the date of realisation to the plaintiff bank. 2. I have heard arguments and carefully perused the judgment of the trial Court and also the entire records of the trial Court. For the purpose of convenience I would like to retain the ranks of the parties as per their ranking before the trial Court. 3. The plaintiff-Bijapur D.C. CO. Bank Ltd., filed a suit for recovery of a sum of Rs.10,110/- along with interest at the rate o...
sri.k.s.chaugule Vs. The Bijapura District Central
Court: Karnataka Dharwad
Decided on: Aug-21-2015
1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE21T DAY OF AUGUST, 2015 BEFORE: THE HONBLE MR. JUSTICE K.N. PHANEENDRA BETWEEN: C.R.P. No.226/2009 (RES) - PETITIONER SRI K.S. CHAUGULE, AGED ABOUT65YEARS, JOINT REGISTRAR, SANTOSH BUILDING, BHAGYA NAGAR, TILAKWADI, BELGAUM-590 029. (BY SMT. HEMALEKHA K.S. ADVOCATE FOR SRI G. BALAKRISHNA SHASTRY, ADVOCATE) AND:1. THE BIJAPUR DISTRICT CENTRAL CO-OPERATIVE BANK LTD., STATION ROAD, BIJAPUR-586 101, BY ITS MANAGING DIRECTOR.2. SRI B.K. JOSHI, NOW DEAD BY LRS. 2A. 2B. PRABHAVATI W/O BAPURAO JOSHI, MAJOR, OCC.: HOUSEHOLD WORK, RESIDENT OF SHAHU NAGAR, BIJAPUR-586 101. RAJENDRA S/O BAPURAO JOSHI, MAJOR, OCC.: BUSINESS, RESIDENT OF SHAHU NAGAR, BIJAPUR-586 101.-. (NOTICES TO RESPONDENTS ARE SERVED) RESPONDENTS2THIS CIVIL REVISION PETITION IS FILED UNDER SECTION115OF THE CPC AGAINST THE JUDGMENT DATED2508.2009 PASSED IN S.C. No.43/1994 ON THE FILE OF THE PRL. CIVIL JUDGE (SR. DN.), BIJAPUR, DECREEING THE PETITION FOR RECOVERY OF MON...
Gulbarga Electricity Supply Company Limited (GESCOM) (Formerly known a ...
Court: Karnataka Dharwad
Decided on: Aug-20-2015
1. Heard the learned Counsel for the petitioner and the learned Counsel for for respondent. 2. The petitioners are the Gulbarga Electricity Supply Company (formerly the Karnataka Electricity Board') and seek to question the award in favour of the respondent herein. The respondent was engaged as a lineman on daily wage basis, for the first time in the year 1962. It is the claim of the petitioners that he was engaged on casual basis, whenever there was work available and there were as many as 7 casual workers who were working intermittently between 1972-1977. The 6 casual workers who had been disengaged used to approach the petitioners for casual work and they were being accommodated. The respondent did not seek any casual jobs after 1977. It is only thirteen years later that he had raised a dispute before the Conciliation Officer. The conciliation having failed, the Government had refused to make reference. 3. The said action was challenged by the respondent before this Court in a writ ...
M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...
Court: Karnataka Dharwad
Decided on: Aug-20-2015
(Prayer: The writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R1 and R2 to relese the iron ore transported from Yeshwanthnagar Railway to Gandhidham Railway station as per the Railway receipts bearing No.212000758. 212000768, 212000769 dispatched on 30.1.2008, 7.2.2008 and 8.2.2008 respectively to the consignee petitioner No.1., and etc.) 1. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 2. The present petition is filed in the following circumstances: The first petitioner is said to be an exporter of minerals, including iron ore, and the same was transported by road and rail. It was the practice for the petitioner to book railway rakes, well in advance, for the purpose of transportation of iron ore. The first petitioner was said to despatch iron ore through railway wagons from Yeshwanth Nagar Railway Station, Hospet. The second petitioner was the authorized transporter who transported iron o...
Suryakant Shivalingappa Muchandi Hiremutt Vs. The State of Karnataka, ...
Court: Karnataka Dharwad
Decided on: Aug-20-2015
(Prayer: The Writ Petition No.10042/1985 filed under Articles 226 and 227 of the Constitution of India praying to quash the Order at Annexure-A dated 30.6.1979 passed by R-2 Land Tribunal was numbered as RA No.20/1988 before the LRAA, Chikodi and again transferred and registered as present writ petition.) 1. In the year 1985, the petitioner has filed Writ Petition questioning the order passed by the Land Tribunal dated 30.6.1979 in No.LRA/GK/11/19/76-77. After constitution of the Land Reforms Appellate Authority, the same was transferred and a case was registered in LRA No.20/1988 before the Land Reforms Appellate Authority, Chikkodi. After abolition of the Land Reforms Appellate Authority, by virtue of filing of the Civil Petition before this Court, the said Writ Petition was reverted to this Court for consideration. 2. The petitioner has challenged the order of the Land Tribunal on the ground that the land bearing Survey No.54/1+2 situated at Hulikatti Village totally measuring 36 ac...
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