Karnataka Dharwad Court September 2015 Judgments
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The North West Karnataka Road Transport Corporation Vs. Prema Banavi
Court: Karnataka Dharwad
Decided on: Sep-11-2015
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, 1950, praying to quash the order dated 1/10/2008 passed by the Presiding Principal Labour Court, Hubli, passed in Reference No. 48/04 the copy of which has been produced at Annexure-A and etc.,) 1. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 2. The petitioner is common in these petitions. These two petitions are considered and disposed of together, having regard to the similar facts and circumstances. 3. The petitioner is North West Karnataka Road Transport Corporation in Writ Petition No. 65521/2009. The respondent was a trainee driver and in this regard, a letter was issued to him on 11.11.2000. There were nine terms and conditions subject to which the respondent had to undergo training and it was also made clear that he does not get any right of an employee and his training may be terminated, if, there is any violation of the terms and conditions me...
The North West Karnataka Road Vs. Ganesh Nagappa Madiwal
Court: Karnataka Dharwad
Decided on: Sep-11-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE11H DAY OF SEPTEMBER, 2015 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY WRIT PETITION No.65521/2009 C/w WRIT PETITION No.65534/2009 (L-KSRTC) In Writ Petition No.65521/2009 Between The North West Karnataka Road Transport Corporation, Hubli Division, Hubli, By its Divisional Controller, Represented by its Chief Law Officer Smt. Prema Banavi. (By Shri.J S Shetty, Advocate) And Shri Ganesh Nagappa Madiwal Age Major, R/o Devarabole, Post: Lukkeri, Taluka Kumta, District:Uttara Kannada. (By Shri. Sathish M S, Advocate) ... Petitioner ... Respondent This petition is filed under Articles 226 and 227 of the Constitution of India, 1950, praying to quash the order dated 1/10/2008 passed by the Presiding Principle Labour Court, Hubli, :2. : passed in Reference No.48/04 the copy of which has been produced at Annexure-A and etc., In Writ Petition No.65534/2009 Between: North West Karnataka Road Transport Corporation, Haveri Divi...
Ramning Vs. Ganesh and Others
Court: Karnataka Dharwad
Decided on: Sep-10-2015
(Prayer: This RSA is filed u/s 100 of CPC, against the judgment and decree DTD: 18.11.2013 passed in R.A.No.179/2008 on the file of the senior Civil Judge, Khanapur, dismissing the appeal, filed against the judgment and decree DTD: 04.03.2005 and the decree passed in O.S. No.73/1999 on the file of the PRL Civil Judge (JR. DN.), Kahanapur, dismissing the suit filed for declaration and injunction.) 1. This is an unsuccessful plaintiff's regular second appeal against the judgment and decree dated 18.11.2013 made in R.A. No. 179/2008 on the file of the Senior Civil Judge, Khanapur, confirming the judgment and decree dated 04.03.2005 made in O.S. No. 73/1999 on the file of the principal Civil Judge (Jr.Dn.), Khanapur, dismissing the suit for declaration and injunction. 2. It is the case of the plaintiff that he is the son of 1st defendant. Defendant Nos.2 and 3 are strangers to the plaintiff and plaintiff belongs to Hindu community of Amate Village and defendent Nos.2 and 3 belongs to Musli...
Eknath Vs. Roopa
Court: Karnataka Dharwad
Decided on: Sep-10-2015
(Prayer: This petition is filed under Sec. 115 of CPC against the order dated 12/03/2015 passed in Civil Misc. No. 2/2013 on the file of the Judge Family Court, Belagavi, allowing the petition filed U/O 9 Rule 13 R/W Sec. 151 of CPC.) 1. The petitioner-husband has approached this Court calling in question the order passed by the Family Court, Belagavi, in Civil Misc. No.2 of 2013 dated 12/03/2015 wherein the Family Court has allowed the petition filed under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure by setting aside its earlier exparte judgment and decree dated 14/06/2012 passed in M.C. No. 58 of 2012. 2. Upon issuance of notice, the respondent has appeared through his counsel. 3. Sri. S.S. Yadrami, learned counsel for the petitioner strenuously contends before the Court that in view of Section 19 of the Family Courts Act, any order on facts or law passed by the Family Court is appealable and no other provision is made for invoking the provisions under the Co...
The New India Assurance Company Limited Represented by its Chairman an ...
Court: Karnataka Dharwad
Decided on: Sep-10-2015
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 30.03.2009 (Annexure-L) passed by the appellant Authority under the Payment of Gratuity Act, 1972, in Appeal No. 31 of 2007-B2 and consequently dismiss the appeal filed by the respondent.) 1. Heard the learned counsel for petitioner Shri pradeep Sawkar and the learned counsel appearing for respondent, Shri S.K.Hegde. 2. It is the case of the petitioner that the respondent was working as an Assistant Branch Manager at the Hubli branch-II in the petitioner company. During the year 1991 he is said to have committed certain irregularities in respect of which a charge sheet dated 01.12.2003 was issued to him. An enquiry was thereafter conducted in accordance with the General Insurance (Conduct Discipline and Appeal) Rules, 1975 (hereinafter referred to as 1975 Rules', for brevity), wherein he was found guilty of the charges. Thereafter, the competent authority by...
Ramning S/O. Ganesh Goankar Vs. Ganesh S/O. Mukund Goankar
Court: Karnataka Dharwad
Decided on: Sep-10-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10H DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA R.S.A. NO.100039/2014 BETWEEN RAMNING S/O. GANESH GOANKAR AGED ABOUT:52. YEARS, OCC: AGRICULTURE R/O. AMATE, TQ: KHANAPUR, DIST: BELGAUM59130 (BY SRI. M.ANTHONY R. RODRIGUES, ADV. FOR SRI. RAMACHANDRA A. MALI, ADV.) ... APPELLANT AND1 GANESH S/O. MUKUND GOANKAR (DIED IN THE MONTH OF MAY2007AND APPELLANT IS ONLY ADOPTED SON LR IS ON RECORD) 2. JAFARULLA HAMID MULLA AGE:24. YEARS, OCC: AGRICULTURE R/O.H No.33O/2, CHAVATIGALLI, MADHAVPUR, VADGAON, BELGAUM590012. MEHABOOB ABDUL HAJI AGE:43. YEARS, OCC: BUSINESS R/O. H No.330/2, CHAVATIGALLI MADHAVPUR, VADGAON, BELGAUM59001THIS RSA IS FILED U/S.100 OF CPC, AGAINST THE JUDGEMENT & DECREE DTD:18.11.2013 IN R.A.NO.179/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, PASSED ... RESPONDENTS :2. : KHANAPUR, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT AND DECREE DTD:04.03.2005 AND THE DECREE PASSED IN O.S. NO.73/19...
Kalagondadha Basavannappa Vs. State of Karnataka by Its Secy to the Go ...
Court: Karnataka Dharwad
Decided on: Sep-10-2015
1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE10h DAY OF SEPTEMBER, 2015 BEFORE: THE HONBLE MR. JUSTICE K.N. PHANEENDRA BETWEEN: W.P. No.29314/2002 (LR) 1.2. KALAGONDADHA BASAVANNAPPA, ADOPTED SON OF EERAPPA, AGE:38. YEARS, OCC.: AGRICULTURIST, R/O BATHIKOPPA, TQ: HIREKERUR, DIST.: HAVERI. BASAVANNEPPA SHIVAMURTHAPPA NANDIGAVI, DECEASED BY LRS. 2(A). SMT. ANNAPURNA W/O BASAVANNEPPA NADIGAVI, AGE:70. YEARS, OCC.: HOUSEHOLD WORK. 2(B). SHRI KARIYAPPA S/O BASAVANNEPPA NADIGAVI, AGE:48. YEARS, OCC.: AGRICULTURE, 2(C). SHRI JAYAPPA S/O BASAVANNEPPA NADIGAVI, AGE:46. YEARS, OCC.: AGRICULTURE. 2(D). SMT. GADIGEVVA W/O IRAPPE HALLER, AGE:42. YEARS, OCC.: HOUSEHOLD WORK. ALL ARE RESIDENT OF GUDDADA BEVIN HALLI, TQ: RANNEBENNUR, DIST.: HAVERI. (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR PETITIONER NO.1, SRI DINESH M. KULKARNI, ADVOCATE FOR PETITIONER NO.2(A-D) - PETITIONERS2AND:1. 2.3. STATE OF KARNATAKA BY ITS SECRETARY TO THE GOVT., REVENUE DEPARTMENT, VIDHANASOUDA, BANGALORE. ...
The New India Assurance Co. Ltd. Vs. sri.y.a.mulla
Court: Karnataka Dharwad
Decided on: Sep-10-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10H DAY OF SEPTEMBER, 2015 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY Writ Petition Nos. 65079-65080/2009 (S-R) Between: The New India Assurance Company Limited Represented by its Chairman and Managing Director, Registered Office New India Assurance Building, No.87, M.G. Road Fort, Mumbai 400001, Now represented by its Regional Manager. (By Shri Pradeep S. Sawkar, Advocate) And : Y.A. Mulla S/o. Abdul Latiff Mulla Aged about 63 years, R/o. H. No.211, D Block 2nd Floor, Suvidha Annexe, Keshwapur, Hubli-580023. Petitioner Respondent (By Shri S.K. Hegde, Advocate) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 30.03.2009 (Annexure-L) passed by the appellant Authority :2. : under the Payment of Gratuity Act, 1972, in Appeal No.31 of 2007-B2 and consequently dismiss the appeal filed by the respondent. These petitions coming on for hearing, thi...
Eknath S/O Pandurang Masti, Vs. Roopa W/O Eknath Masti,
Court: Karnataka Dharwad
Decided on: Sep-10-2015
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10h DAY OF SEPTEMBER2015R BEFORE THE HONBLE MR.JUSTICE K.N. PHANEENDRA CIVIL REVISION PETITION NO.100031 OF2015BETWEEN: EKNATH, S/O PANDURANG MASTI AGE33YEARS, OCC: HIGH SCHOOL TEACHER R/O PLOT NO.187, GURUPRASAD NAGAR, MANDOLLI ROAD, BELAGAVI. (BY SRI. S.S. YADRAMI, ADV.) ... PETITIONER AND: ROOPA, W/O EKNATH MASTI AGE27YRS, OCC: NIL, R/O C/O BASAPPA VITHAPPA HOSAKOTI PO MUDALAGI, TQ. GOKAK DIST. BELAGAVI. (BY SRI.PAVAN B. DODDATTI, ADV/) ... RESPONDENT THIS PETITION IS FILED UNDER SEC. 115 OF CPC AGAINST THE ORDER DATED1203/2015 PASSED IN CIVIL MISC.NO.2/2013 ON THE FILE OF THE JUDGE FAMILY COURT, BELAGAVI, ALOWING THE PETITION FILED U/O9RULE13R/W SEC. 151 OF CPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: :2. : ORDER The petitioner-husband has approached this Court calling in question the order passed by the Family Court, Belagavi, in Civil Misc. No.2 of 2013 dated 12/03/2015 wherein the...
Vasu Hanamantappa Devaraddi and Another Vs. The State of Karnataka, Re ...
Court: Karnataka Dharwad
Decided on: Sep-09-2015
(Prayer: This appeal is filed under Section 374(2) of Criminal Procedure Code seeking to set aside the conviction and sentence imposed by Presiding Officer, Fast Track Court, Saundatti in S.C.No.81/2001 by his judgment and sentence dated 07.12.2012 and 28.12.2012 respectively and acquit the appellants (Accused nos.1 and 5) of all the charges alleged against them. This appeal is filed under Section 374(2) of Criminal Procedure Code seeking to set aside the conviction and sentence imposed by Presiding Officer, Fast Track Court, Saundatti in S.C.No.81/2001 by his judgment and sentence dated 07.12.2012 and 28.12.2012 respectively and acquit the appellants (Accused nos.1 and 5) of all the charges alleged against them. This appeal is filed under Section 374(2) of Criminal Procedure Code seeking to set aside the conviction and sentence imposed by Presiding Officer, Fast Track Court, Saundatti in S.C.No.81/2001 by his judgment and sentence dated 07.12.2012 and 28.12.2012 respectively and acqui...
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