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Karnataka Dharwad Court August 2015 Judgments

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Aug 12 2015

Yallappa M. Mudukappanavar and Others Vs. Prakash

Court: Karnataka Dharwad

Decided on: Aug-12-2015

1. The defendants 1 and 3 have called in question the order dated 07-11-2013 passed by the I Additional Civil Judge (Senior Division), Hubli, in O.S.No.232 of 2010, allowing I.A.No. XI filed by the plaintiff under Order 18 Rule 3-A of the Code of Civil Procedure. 2. I have heard the arguments of the learned Counsel appearing for the petitioners. Notice to be issued to the respondent is dispensed with. 3. It is seen from the records that, earlier, the plaintiff had filed an application seeking permission of the Court to permit him to be examined through power of attorney holder. But the said application was rejected and in fact, the plaintiff came up before this Court in Writ Petition No. 76216 of 2013 wherein this Court by order dated 05-04-2013 observed that the petitioner would be satisfied, if, he is allowed to examine Mahadev G. Agali, as his witness, though not as his power of attorney. Further observed that there is no bar in law in examining such witness in a suit. Therefore, it...


Aug 12 2015

Yamanappa Vs. Karnataka Vikas Grameen Bank, Rep. by its Manager S.G. S ...

Court: Karnataka Dharwad

Decided on: Aug-12-2015

(Prayer: This RSA is filed under Section 100 of CPC., against the Judgment and Decree dated 17.03.2011 passed in R.A. No. 35/2009 on the file of the Senior Civil Judge BADAMI, dismissing the appeal, filed against the judgment dated 24.06.2009 and the decree passed in O.S. No. 225/1999 on the file of the Civil Judge (JUNIOR DIVISION) and J.M.F.C., BADAMI, decreeing the suit filed for recovery of money.) 1. This is an unsuccessful defendant's second appeal against the judgment and decree dated 17.03.2011 made in R A No.35/2009 on the file of the Senior Civil Judge, Badami, confirming the judgment and decree dated 24.06.2009 made in O.S No. 225/1999 on the file of the Civil Judge (Jr.Dn.) and JMFC, Badami, decreeing the suit for recovery of money. 2. For the sake of convenience the parties herein are referred to as per their ranking before the Trial Court. 3. The respondent-plaintiff filed O.S.No.225/1999 against the present appellant-defendant for recovery of Rs. 20,355/- along with inte...


Aug 12 2015

Prema and Another Vs. The State of Karnataka by the Secretary, Health ...

Court: Karnataka Dharwad

Decided on: Aug-12-2015

(Prayer: This WP is filed under Article 226 of the Constitution of India praying to direct the respondents to execute and implement the order passed by this Hon'ble Court in Writ Petition No. 26349/2004 on 18.12.2008 (Annexure-A) to extend the Retiral and Family Pension benefits at par with the Government Servants as per the Karnataka Civil Services rules to the petitioner with effect from 01.09.2007 with arrears of Pension from 01.09.2007 till the date of disposal of the petition and continue to pay the family pension to the petitioner after the death of the deceased. 1. The petitioners are before this Court seeking direction to the Government to consider their applications for pensionary benefits and other benefits as accorded to them by this Court in Writ Petition No. 26349 of 2004 vide order dated 18th December 2008 and a further direction to the Government to extend the retiral and family pension and also pensionary benefits on par with the Government servants as per the Karnataka...


Aug 12 2015

Yamanappa S/O Vittappa Maharajanavar Vs. Karnataka Vikas Grameen Bank

Court: Karnataka Dharwad

Decided on: Aug-12-2015

R1IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE12H DAY OF AUGUST2015B E F O R E THE HON' BLE MR. JUSTICE B. VEERAPPA RSA No.5510/2011 (RECOVERY OF MONEY) BETWEEN: YAMANAPPA S/O VITTAPPA MAHARAJANAVAR BUT IN THE CASE CALLED AS MUTTAPPA AGE42YEARS, OCC AGRL. R/O KATAGERI, TQ BADAMI DIST. BAGALKOT PIN CODE56110 ... APPELLANT (BY SRI B.V. SOMAPUR, ADVOCATE) AND: KARNATAKA VIKAS GRAMEEN BANK BRANCH KATAGERI REP BY ITS MANAGER S.G. SANGONDIMATH R/O KATAGERI TQ BADAMI DIST BAGALKOT PIN CODE-561109. RESPONDENT2THIS RSA IS FILED UNDER SECTION100OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED1703.2011 PASSED IN R.A. No.35/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE BADAMI, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT DATED2406.2009 AND THE DECREE PASSED IN O.S. No.225/1999 ON THE FILE OF THE CIVIL JUDGE (JUNIOR DIVISION) AND J.M.F.C., BADAMI, DECREEING THE SUIT FILED FOR RECOVERY OF MONEY. THIS RSA COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: JUDGMENT This is...


Aug 10 2015

Nagappa Vs. Neelavva and Others

Court: Karnataka Dharwad

Decided on: Aug-10-2015

(Prayer: This RSA is filed U/S. 100 of CPC, against the Judgment and Decree dtd: 23-02-2010 passed in R.A. NO. 190/2009 on the file of the Fast Track Court-II, Dharwad, dismissing the appeal, filed against the Judgment dtd: 21-12-2001 and the decree passed in O.S. No. 652/1999 on the file of the Principal Civil Judge (Jr. Dn.) Hubli, dismissed the suit filed for specific performance of contract, declaration and injunction.) 1. This is a plaintiff's regular second appeal, against the judgment and decree dated 23.02.2010 made in R.A. No. 190/2009 on the file of the Fast Track Court-II, Dhrawad, sitting at Hubballi, confirming the judgment and decree of the trial court dated 21.12.2001 made in O.S.No. 652/1999, on the file of the Principal Civil Judge (Jr.Dn.), Hubballi, dismissing the suit for specific performance, with costs of defendant Nos. 3 to 8. 2. The plaintiff/appellant filed O.S. No. 652/1999 for specific performance of contract contending that the 1st defendant being the absolu...


Aug 10 2015

Sri. Ningappa S/O Gurusiddappa Indi, Vs. Smt. Neelavva W/O Shivappa Ch ...

Court: Karnataka Dharwad

Decided on: Aug-10-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10T H DAY OF AUGUST, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA REGULAR SECOND APPEAL No.5763 OF2010[SP]. BETWEEN: SRI. NAGAPPA S/O GURUSIDDAPPA INDI, AGE:70. YEARS, OCC: AGRICULTURE, R/O KATANUR, TQ. HUBLI-582501. DIST. DHARWAD. (By Sri. HANUMANTHAREDDY SAHUKAR ADV.) ... APPELLANT AND:1. 2. 3.4. 5. SMT. NEELAVVA W/O SHIVAPPA CHEBBI @ HONAKUNTI, SINCE DEAD, RESPONDENT NO.2 IS TREATED AS LR OF RESPONDENT No.1, VCO DTD.19.3.15. SMT. YELALVVA W/O SIDDAPPA VIJAPUR, SMT. GOURAVVA W/O SIDDAPPA HONAKUNTI, SRI. MAHADEVAPPA S/O SIDDAPPA HONAKUNTI, SRI. BASAPPA S/O SIDDAPPA HONAKUNTI, :2. :6. SRI. SHEKHAPPA S/O SIDDAPPA HONAKUNTI, 7. KUM. AKKAVVA D/O SIDDAPPA HONAKUNTI, 8. SRI. MANJUNATH S/O SIDDAPPA HONAKUNTI, ALL ARE MAJOR, OCC: AGRICULTURE, R/O KATNUR, TQ. HUBLI, DIST. DHARWAD-582501. ... RESPONDENTS (By SRI.A.S.PATIL ADV. FOR R3 TO R8; R1 "DECEASED"; R2SERVED) THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE JUDGEMENT & DECREE...


Aug 10 2015

Income Tax Officer Vs. m/s.madeeha Enterprises

Court: Karnataka Dharwad

Decided on: Aug-10-2015

1 R IN THE HIGH COUR T OF KARNA TAKA DHARWAD BENCH DATED TH IS THE10T H DAY OF AUGUST2015PRESEN T THE HONOURABLE MR .JUS TICE ANAND BYRAREDDY AND THE HONOURABLE MRS .JUS TICE S.SUJA THA WRI T APPEAL NO .10000 6/20 14 ( T-I T) C/W. WRI T APPEAL NO .10000 2/20 14 ( T-I T) WRI T APPEAL NO .10000 7/20 14 ( T-I T) WRI T APPEAL NO .10000 8/20 14 ( T-I T) WRI T APPEAL NO .10000 9/20 14 ( T-I T) WRI T APPEAL NO .10001 0/20 14 ( T-I T) In Writ Appeal No.100006/2014 BETWEEN:1. 2. 3.4. Income Tax Officer, Ward-2, Bellary, Aayakar Bhavan, Staff Road, Fort, Bellary-583102. Deputy Commissioner of Income Tax, Circle-1, Bellary, Aayakar Bhavan, Staff Road, Fort, Bellary-583102. Commissioner of Income Tax- Gulbarga, Aayakar Bhavan, Sadam Road, Gulbarga-585105. Assistant Commissioner of Income Tax Central Circle-2, Belgaum, 2 5.6. Sharadha Building, Saraf Colony, Khanapur road, Tilakwadi, Belgaum-590006. Deputy Commissioner of Income Tax Central Circle, Belgaum, Sharadha Building, Saraf Colony, Khanapur...


Aug 10 2015

Iramma W/O Maharudrayya Naregal, Vs. Chandrashekrayya @ Shekarayya S/O ...

Court: Karnataka Dharwad

Decided on: Aug-10-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10T H DAY OF AUGUST, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA R.S.A. No.5828/2011 BETWEEN1 2.3.4. IRAMMA W/O MAHARUDRAYYA NAREGAL, AGE:35. YEARS, OCC: AGRICULTURIST, R/O ABBIGERI VILLAGE, TQ. RON56110, DIST. GADAG CHANNAMMA D/O MAHARUDRAYYA NAREGAL, AGE:15. YEARS, OCC. R/O ABBIGERI VILLAGE, TQ. RON56110, DIST. GADAG, REKHA D/O MAHARUDRAYYA NAREGAL, AGE:13. YEARS, OCC. R/O ABBIGERI VILLAGE, TQ. RON56110, DIST. GADAG, (APPELLANTS2AND3BEING MINOR ARE REP. BY THEIR MINOR GUARDIAN APPELLANT No.1) VEERAYYA S/O ISHAYYA NAREGAL, AGE:47. YEARS, OCC: DRIVER, R/O ABBIGERI VILLAGE, NOW AT GANGAVATHI59201, DIST. KOPPAL. ... APPELLANTS (BY SRI. V.G.KATTIMANI, ADV. FOR SRI. B V SOMAPUR, ADV.) :2. : AND1 2. CHANDRASHEKRAYYA @ SHEKARAYYA S/O SHIVAYYA NAREGAL AGE:62. YEARS, OCC: AGRICULTURE, R/O ABBIGERI VILLAGE, TQ. RON, DIST. GADAG SHIVAPUTRAPPA S/O SHIVAYYA NAREGAL, AGE:60. YEARS, OCC: AGRICULTURE, R/O ABBIGERI VILLAGE, TQ. RON, D...


Aug 10 2015

Nagayya S/O Chandrashekhar Kadadevar, Vs. The State of Karnataka,

Court: Karnataka Dharwad

Decided on: Aug-10-2015

- 1 - R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10H DAY OF AUGUST, 2015 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI WRIT PETITION No.102268/2015 (GM-RES) BETWEEN: Nagayya, S/o. Chandrashekhar Kadadevar Age:32. years, Occ: Police Sub-Inspector R/o. Rannebennur Rural Police Station Rannebennur. Petitioner (By Sriyuths K. L. Patil & S. S. Beturmath, Advocates) AND:1. The State of Karnataka Through Secretary, Home Department Vidhan Soudha, Bangalore.2. The Karnataka Human Rights Commission Rep. by Secretary M. S. Building, Dr. B. R. Ambedkar Road Bangalore 560 001 3. M. Sandeep Muniswamy Age: Major, Occ: Not Known R/o. No.14, Daneshwar Nagar - 2 - Gopanakoppa Near St. Johns Polytechnic Hubli. (By Sri M. Kumar, AGA for R1; Sri H. R. Kambiyavar, Advocate for R2; Sri Jhankumar Kalangi, Advocate for R3) --- ... Respondents This writ petition is filed under Articles 226 and 227 of the Constitution Of India praying to quash the impugned order dated 27.01.2014 passed in...


Aug 07 2015

V. Ambarish Rao Vs. The Deputy General Manager and Another

Court: Karnataka Dharwad

Decided on: Aug-07-2015

1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondents. 2. The present petition is filed in the following background.- The petitioner is said to have joined the services of respondent-Bank in the year 1969 as a Clerk. He was promoted from time to time and his services were appreciated throughout the decades. He had served the respondent-Bank at several places within and outside the State of Karnataka. He was, however, placed under suspension by an order dated 8-4-2006 on certain allegation, which according the petitioner are false. There was no warrant to keep the petitioner under suspension. However, a charge-sheet was said to have been issued on 1-6-1967 alleging that he had failed to follow various guidelines while providing certain discounts and that in giving discounts to cheques he had exceeded his powers; that while granting loans he has exceeded his powers and had permitted persons to open accounts without proper identification and that they...


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