Karnataka Dharwad Court August 2015 Judgments
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M/S Kumaraswamy Mineral Exports Vs. The Commercial Manager South Weste ...
Court: Karnataka Dharwad
Decided on: Aug-20-2015
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE20H DAY OF AUGUST, 2015 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY WRIT PETITION No.4076 OF2008(GM-RES) BETWEEN1 M/S KUMARASWAMY MINERAL EXPORTS BY SHANTESH GUREDDI PARTNER NO.87, S.V. COLONY NEAR KUMARASWAMY TEMPLE CLUB ROAD, BALLARI-583 104 2. NECC ROADWAYS BY NEERAJ CHOUDHARY PROPRIETOR NO.718-A, 15TH WARD ASSESSMENT NO.736 SRI. VENKATESHWARA TEMPLE AMARAVATHI, HOSPET-583 201 (By SHRI HARSH DESAI, ADVOCATE) AND1 THE COMMERCIAL MANAGER, SOUTH WESTERN RAILWAY YESHWANTHPUR RAILWAY STATION SANDUR, BALLARI. ... PETITIONERS. 2 2.3. THE CHIEF COMMERCIAL MANAGER SOUTH WESTERN RAILWAY HUBLI. THE WESTERN RAILWAY, GANDHIDHAM RAILWAY STATION, GANDHIDHAM-370 201, GUJARAT, BY ITS CHIEF GOODS SUPERVISOR. (By SHRI S R HEGDE, ADVOCATE FOR R1-R3, R3 IMPLEADED AS PER ORDER DATED2101.2013) ... RESPONDENTS. THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND R2 TO RELESE THE IRON...
s.s Muchandi Hiremutt Vs. State and Karnataka
Court: Karnataka Dharwad
Decided on: Aug-20-2015
1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE20H DAY OF AUGUST, 2015 BEFORE: THE HONBLE MR. JUSTICE K.N. PHANEENDRA WRIT PETITION NO.22384/1992 (KLRA) BETWEEN: SURYAKANT SHIVALINGAPPA MUCHANDI HIREMUTT R/O. BENCHINAMARDI, TQ:GOKAK, DIST: BELGAUM. PETITIONER (BY SRI H.M. DHARIGOND AND SRI B.M. SIDDAPPA, ADVS.) AND:1. THE STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-1 2. THE LAND TRIBUNAL GOKAK BY ITS SECRETARY, BELGAUM DISTRICT. 2 3. NAGAPPA BASAPPA GIDDANNAVAR R/O. BENCHINAMARDI, TQ: GOKAK BY HIS LRS:3. . SUVARNA W/O. NAGAPPA GIDDANNAVAR. 3B. SHIVALEELA3. BASAVARAJ3. IRAWWA3. KAMALAVVA3, 3D AND3 ARE D/O. AND3 IS S/O. LATE NAGAPPA GIDDANNAVAR R/O. BENCHINAMARDI, TQ: GOKAK. DIST: BELGAUM ERAPPA BASAPPA GIDDANNAVAR R/O. BENCHINAMARDI, TQ: GOKAK, RAMACHANDRA HANMANT PATIL ANNAPPA HANMANT PATIL LAXMAN HANMANT PATIL4 5.6.7. R5 TO R7 ARE R/O. HUBLI DHARWAD ROAD, DHARWAD. 3 8. CHANNAPPA BASAPPA GIDDANNAVAR R/O. BENCHINMARDI, TQ: GOKAK, ...
Hanumawwa and Others Vs. The Chief Secretary, Government Of Karnataka, ...
Court: Karnataka Dharwad
Decided on: Aug-19-2015
(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents no.3 to 6 to defer the partial award passed by the respondent no.5 dated 31.12.2013 vide Annexure-B and direct the respondents no.3 to 6 to determine the amount of compensation in its entirety under the preliminary notification 28.09.2011 vide Annexure-A as per Section 24 of the Act 2013'.) 1. The petitionersgrievance is that the compensation is not being given to them as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 2. The facts of the case in brief are that 387 houses/structures/plots in Anapakatti village are acquired for rehabilitating the persons being affected by the submergence under the backwater of Narayanpur Reservoir, vide preliminary notification, dated 01.10.2011 (Annexure-A) and the final notification, dated 06.06.2012. The sixth respondent Special Land Acquisiti...
Hanumawwa W/O Mallappa Timmapur, Vs. The Chief Secretary,
Court: Karnataka Dharwad
Decided on: Aug-19-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH Dated this the 19th day of August 2015 Before THE HONBLE MR.JUSTICE ASHOK B.HINCHIGERI Writ Petition Nos.104681-104721/2015 (LA-RES) Between:1. i) Smt. Hanumawwa W/o Mallappa Timmapur Hadimani, Age:50. Years, Occ: Agriculture, ii) Vittal S/o Mallappa Timmapur, Age:25. Years, Occ: Agriculture, 2. Mangalappa S/o Erappa Bijjur, Age:55. Years, Occ: Agriculture, 3. Mangalappa S/o Dyavappa Bijjur, Age:36. Years, Occ: Agriculture, 4. Mallappa S/o Basalingappa Bijjur, Age:64. Years, Occ: Agriculture, 5. Ningappa S/o Hanamappa Mangaladgudd, Age:55. Years, Occ: Agriculture, 6. Hanamappa S/o Dyavappa Pujari, Age:56. Years, Occ: Agriculture, :2. :7. Devaraj S/o Sabanna Jaggal, Age:34. Years, Occ: Agriculture, 8. Ramappa S/o Basappa Begar, Age:36. Years, Occ: Agriculture, 9. Kenchawwa W/o Basappa Madar, Age:38. Years, Occ: Agriculture, 10. Smt. Sangawwa W/o Mahadevappa Bijjur, Age:45. Years, Occ: Agriculture, 11. Yamanagouda @ Yamanappagouda S/o ...
K. Prahlad Achari and Others Vs. State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Aug-14-2015
1. In these writ petitions the petitioners have sought for a prayer for: (i) issue of a writ in the nature of certiorari and quash the impugned endorsement dated 25-8-2012 bearing No. KaVlHam/Kusa/17(9-10)/2012-13/50 issued by respondent 3 vide Annexure-A; (ii) issue writ of mandamus directing the respondents to consider the representation submitted by the petitioners dated 8-6-2012 and give effect of promotion to the next higher cadre of the Junior Assistants/Assistants from the date they were posted to work as Junior Assistants/Assistants, i.e., 13-6-2003, and to grant all consequential benefits vide Annexure-W; and (iii) issue writ of mandamus, direction or declaration or pass such other orders, as the Court deems fit under the facts and circumstances of the case, to meet the interest of justice and equity. 2. It is contended before this Court by the petitionersCounsel that in view of the promotions given to the petitioners as prayed by them to the post of Junior Assistants from the...
The Management of North-East Karnataka Road Transport Corporation, Bel ...
Court: Karnataka Dharwad
Decided on: Aug-14-2015
1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent. 2. It transpires that the respondent was a job trainee and had unauthorisedly remained absent from 10-10-1998 till 6-1-1999 without any valid reason. There is no leave application submitted and no prior permission obtained from the management. In this regard, a report was submitted by the Depot Manager, Bellary to the Divisional Controller and a charge-sheet having been issued, it was indicated that there was an earlier history of unauthorised absence, where he was imposed with a minor penalty. Inspire of receipt of notice, he had not filed any reply and a domestic inquiry followed. The respondent did not choose to cross-examine the management witness nor did he lead any evidence. On a report by the Inquiry Officer that the charges were proved, the Disciplinary Authority had passed an order after taking necessary procedural steps removing him from service. 3. The respondent having raised a dispu...
Giramalla and Others Vs. Mahadevi and Others
Court: Karnataka Dharwad
Decided on: Aug-14-2015
(Prayer: This RSA filed U/s.100 of CPC, against the judgment and decree dtd:12.09.2014 passed in R.A.No.22/2011 on the file of the senior Civil Judge and JMFC., Raibag, dismissing the appeal and confirming the appeal, filed against the judgment and decree dtd:11.08.2011 and the decree passed in O.S.No.98/2000 on the file of the additional Civil Judge and JMFC Raibag, decreeing the suit filed for declaration and partition.) 1. By consent of both the learned Counsel for the parties, the matter is taken up for final hearing. 2. This appeal is filed by defendant No.7 against the judgment and decree dated 12.09.2014 in R.A.No.22/2011 on the file of the learned Senior Civil Judge and JMFC, Raibag, confirming the judgment and decree dated 11.08.2001 made in O.S.No.98/2000, on the file of the Addl.Civil Judge and JMFC, Raibag, decreeing the suit for partition and separate possession. 3. Respondents 1 to 3 filed the suit for partition and declaration to declare that the sale deed dated 20.05.19...
Giramalla S/O Basappa Kumbar Vs. Mahadevi W/O Neelappa Kumbar
Court: Karnataka Dharwad
Decided on: Aug-14-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE14H DAY OF AUGUST, 2015 BEFORE THE HONBLE MR. JUSTICE B. VEERAPPA RSA NO.100906/2014 (DEC) BETWEEN1 GIRAMALLA S/O BASAPPA KUMBAR SINCE DECEASED BY HIS LRS. PARVATI W/O GIRAMALLA KUMBAR AGE:84. YEARS, OCC: HOUSEHOLD WORK, R/O. RAIBAG, TQ: RAIBAG, DIST: BELGAUM-591317 2. BASAPPA GIRAMALLA KUMBAR AGE:68. YEARS, OCC: AGRICULTURE, R/O. SAI NAGAR RAIBAG, TQ: RAIBAG, DIST: BELGAUM- 591317 3. ASHOK GIRAMALLAPPA KUMBAR AGE:53. YEARS, OCC: AGRICULTURE, R/O. RAIBAG, TQ: RAIBAG, DIST: BELGAUM-591317 4. SURESH GIRAMALLA KUMBAR AGE:33. YEARS, OCC: AGRICULTURE, R/O. RAIBAG, TQ: RAIBAG, DIST: BELGAUM-591317 5. TAYAWWA PRABHAKAR KUMBAR AGE:64. YEARS, OCC: HOUSEHOLD WORK, :2. : R/O. DATTAWAD, TQ: SHIROL, DIST: KOLHAPUR6 SHIVAKKA ANNAPPA KUMBAR AGE:58. YEARS, OCC: HOUSEHOLD WORK, R/O. SHIRAGUR, TQ: RAIBAG,, DIST: BELGAUM- 591317 7. MALATI @ SARUJA BASAVARAJ KUMBAR @ AMATE AGE:34. YEARS, OCC: HOUSEHOLD WORK, R/O. AT/PO: HEAD LAND SADA, Y.S...
K. Sharada Bhat and Others Vs. State and Another
Court: Karnataka Dharwad
Decided on: Aug-13-2015
The petitioners have called into question the second respondent's order dated 16-5-2010 (Annexure-S) and the order dated 6-4-2008 (Annexure-T) passed by the District Judge, Uttara Kannada in Misc. Appeal Nos. 3 and 4 of 2000. The District Judge confirms the second respondent's order to vacate the premises in question within 45 days. 2. Sri R.Y. Itagi, the learned Counsel for the petitioners submits that the Competent Authority's order is passed in violation of the principles of natural justice. He submits that the petitioners were not even given clear two weekstime to resist the eviction proceedings. The notice dated 24-4-2000 is received by the petitioners around 30-4-2000 and that the order of eviction is passed on 16-5-2000. He complains of lack of opportunities. 3. He submits that the lease agreements, dated 13-3-1967 and 27-10-1993 are subsisting. There is no termination of the lease at all. He submits that there is no clause in the said two lease agreements to the effect that if ...
General Secretary, Hindustan Latex Limited, Employees Association, Huk ...
Court: Karnataka Dharwad
Decided on: Aug-13-2015
1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent. 2. The petitioner is a registered trade union and seeks to espouse the cause of its members, who claimed to be workmen under the respondent. The respondent is a Government company. The petitioner claims that in the charter of demand, it had raised a demand in respect of 18 workmen, who were appointed as trainees or apprentices, but required to carry out permanent nature of work and were hence claiming permanent status and to be treated as permanent employees under the provisions of the Certified Standing Orders. They had been appointed as such since the year 1995. The respondent immediately had terminated the services of 18 workmen without following the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as the ID Act', for brevity), which amounted to unfair labour practice and illegal retrenchment and accordingly an industrial dispute was raised before the Conciliation Offi...
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