Karnataka Dharwad Court August 2015 Judgments
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J.I. Havaldar Vs. State Bank of India, represented Chief General Manag ...
Court: Karnataka Dharwad
Decided on: Aug-07-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash order dtd: 24.08.2007 (Under Annexure-G to the WP) passed by the disciplinary authority and order dated 10.06.2008 passed by the appellate authority and etc.,) 1. The learned counsel for the petitioner remains absent. Heard the learned counsel for the respondents. 2. The petitioner is said to have joined the services of the State Bank of India in the year 1977 as a Clerk-cum-Cashier and he was said to have been promoted as an Officer in Junior Management Grade Scale “ 1 in the year 1986 and was further promoted as an Officer in Middle Management Grade Scale “ II in the year 2001. It is claimed that he had blemishless record of service for over 30 years. He was said to have been posted and working as the Deputy Manager (Cash) cum System Administrator at Hirekerur branch of the bank from October 2005. He was a joint key holder. On noticing that there was shortage of ...
Rajashekharappa Vs. State of Karnataka, by its Principal Secretary and ...
Court: Karnataka Dharwad
Decided on: Aug-06-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash order dated: 27.07.2009 passed by Respondent No. 2 vide Annexure “ D and direct the Respondent No. 3 not to insist insofar as it relates to petitioner to file Form No. III by way of Affidavit for granting permission.) 1. The petitioner has filed the application for the sanctioning of building plans. As the respondent No. 3 is insisting for filing an affidavit in form No. III as a pre-condition for the grant of approval for the building plan, this petition is instituted. 2. Sri Sadiq N. Goodwala, learned counsel for the petitioner submits that the affidavit in Form No. III is not prescribed by the Karnataka Municipal Corporation Act, 1976 ( ˜the KMC Act', for short) or the building bye-laws framed thereunder. He submits that this position has been clarified by the Deputy Director, Town Planning, vide his order, dated 23.06.2009 (Annexure “ G). 3. Sri G. I. Gac...
Veena Vs. State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Aug-05-2015
1. Heard the learned Counsel for the petitioner and the learned Government Advocate. 2. The petitioner is said to be the wife of one Sri Rajnikant Bijawad son of Sri Kashappa Bijawad who is the detenue in the present case. The petitioner and her husband are permanent residents of Veerapur Oni, settlement, near T.K. Habib Mill, Hubballi. The detenue is residing with his father, two younger brothers, two wives; one is petitioner and another is Smt. Bhuvaneshwari and they have two male children. It is the case of the respondents that the detenue started real estate business and he was indulging in criminal activities since the year 2000 and he was involved in cases of attempt to murder, rioting, assault, extortion of money, criminal intimidation and threatening innocent people and witnesses etc. It was further alleged that he was involved in five cases namely Cri.No.199 of 2010 registered in Hubballi Town Police Station for the offences punishable under Section 302 amongst other provision...
Farooka Begaum Vs. The Assistant Registrar of Co-operative Societies, ...
Court: Karnataka Dharwad
Decided on: Aug-05-2015
1. The petitioner has called into question the first respondent's order dated 3-3-2011 (Annexure-B), attaching the properties in question in exercise of the power conferred by the Section 103 of the Karnataka Co-operative Societies Act, 1959. She has also challenged the order dated 8-2-2013 (Annexure-C) passed by the Karnataka Appellate Tribunal ( ˜KATfor short) confirming the said order. 2. Sri A.S. Patil, learned Counsel for the petitioner submits that the first respondent-Assistant Registrar of Co-operative Society has attached the properties belonging to the petitioner and that too without putting her on notice. He submits that she was not even a party to the dispute between the respondents 2 and 3. 3. Sri A.S. Patil submits that resorting to the attachment of the property without even initiating the surcharge proceedings is bad in law. He submits that the petitioner is not at all liable to make good the amounts alleged to have been misappropriated by her husband ( ˜the...
Ramappa Vs. State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Aug-04-2015
1. The petitioner has called into question the preliminary notification dated 08-11-2006 and the final notification, dated 14-03-2007 (Annexures-G and L respectively) acquiring the petitioner's land measuring 3 acres 20 guntas for providing burial ground to the people of Basava Hanchinal. 2. Sri Mahantesh Patil, the learned Counsel for the petitioner submits that the acquisition of the land in question would have the effect of depriving the petitioner of his solitary source of livelihood. He submits that the land in question is a fertile agricultural land. He submits that there is already a burial ground just 2 kms. Away from the petitioner's land. He submits that the whole exercise of acquiring the land is at the instance of the 3rd respondent MLA. 3. Sri Ravi V. Hosmani, the learned Additional Government Advocate appearing for the respondents 1 and 2 submits that the statement that the petitioner has no other land is not correct. In addition to the land in question, the petitioner ow...
Rama and Another Vs. Life Insurance Corporation of India by its Manage ...
Court: Karnataka Dharwad
Decided on: Aug-04-2015
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated: 07/04/2012, passed by the First Respondent, the copy of which has been produced herewith at Annexures-A and B and also the orders dated: 16/05/2012 passed by the Second Respondent, the copies of which have been produced herewith and marked as Annexures “ C and D, etc.,) 1. These petitions are filed before this court seeking the relief of a writ of certiorari by quashing the order dated 07.04.2012 passed by the 1st respondent and also the orders dated 16.05.2012 passed by the 2nd respondent, and for consequential direction to the respondents to continue the services of the petitioners in the post of Assistant and to pay all the consequential benefits in favour of the petitioners by regularizing their services by considering the representations dated 10.05.2012 of the petitioners and any such other reliefs which the court deems fit in the circumstances o...
Kichadi Sanjeevappa and Others Vs. State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Aug-03-2015
1. The petitioners have called question the preliminary notification dated 16-9-2011 acquiring 118.5 acres of land situated in several survey numbers of Halekota Village. Tekalakote Hobli, Siraguppa Taluk, Ballari District for constructing the water storage tank and the final notification dated 5-9-2012 in respect of the said lands. 2. Sri Gode Nagaraj, learned Counsel for the petitioners submits that the petitioners are the poor agriculturists. If the lands in question are acquired, it would have the effect of depriving their solitary source of livelihood. He submits that the lands are fertile and irrigated. He submits that they are not suitable for the public purpose in question. He submits that the adjacent Government lands ought to have been utilised for the purpose of constructing the water storage tank. He further submits that based on the objections of some unconnected persons, Section 5-A enquiry is completed. The objections filed by the petitioners are not considered. He submi...
M. Prakash and Another Vs. Allam Gurubasavaraj and Others
Court: Karnataka Dharwad
Decided on: Aug-03-2015
(Prayer: This Criminal Contempt of Court Case is filed under Section 15 of the Contempt of Courts Act, 1971, praying to initiate the Contempt proceedings against the accused/respondents 1 to 5 and take action against them in accordance with the provisions of Contempt of Courts Act, etc.) 1. Heard the learned counsel for the complainants. 2. One Dr. Mallikarjunaiah, was said to be a member of the complainants family had filed a suit for partition and separate possession against the complainants and his father and other members of the joint family. During the pendency of the said suit O.S. No. 105/1977, on the file of Civil Judge (Sr. Dn.), Bellary, it transpires that insolvency petitions in I.C. Nos. 4 and 5 of 1997 were filed against two of the members of the joint family, respectively. The Official Receiver is said to have been in possession of the joint family properties and was therefore impleaded as one of the defendants in O.S. No. 105/1977. During the pendency of the partition su...
M Prakash Vs. Allam Gurubasavaraj
Court: Karnataka Dharwad
Decided on: Aug-03-2015
1 R IN THE HIGH COUR T OF KARNA TAKA DHARWAD BENCH DATED TH IS THE3R D DAY OF AUGUST2015 PRESEN T THE HONOURABLE MR .JUS TICE ANAND BYRAREDDY AND THE HONOURABLE MRS .JUS TICE S.SUJA THA C R IM I N AL C O N TEM P T O F C O U R T C AS E N O .1 0 0 0 0 1 / 2 0 1 4 BETWEEN:1. 2. Shri M.Prakash S/o .G.M.Veerappaiah Aged about 49 years, R/o. Gandhinagar, Bellary. Shri G.M.Mahesh S/o.G.M.Veerappaiah Aged about 47 years, R/o. Gandhinagar, Bellary. Complainants (By Shri Dinesh M. Kulkarni, Advocate.) A N D:1. Shri Allam Gurubasavaraj S/o.Allam Karibasappa Aged about 64 years, President, Veerashaiva Vidyavardhaka Sangha, Allam Sumangalamma Road, Gandhinagar 1 s t Cross, Bellary-583103.2. Shri K.M.Maheshwara Swamy S/o.M.Basalingappa 2 Aged about 59 years, Vice President, Veerashaiva Vidyavardhaka Sangha, Allam Sumangalamma Road, Gandhinagar 1 s t Cross, Bellary-583103. Shri H.M.Gurusidda Swamy S/o.H.M.Veereshaiah Aged about 58 years, Secretary, Veerashaiva Vidyavardhaka Sangha, Allam Sumangalamma...
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