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Karnataka Dharwad Court January 2016 Judgments

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Jan 27 2016

Sri Riyaz Ahmad Ismail Saab Vs. Sri Romao S/O. Manuel Fernandes

Court: Karnataka Dharwad

Decided on: Jan-27-2016

R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE27T H DAY OF JANUARY2016BEFORE THE HONBLE MR. JUSTICE B.S. PATIL WRIT PETITION NO.109209 OF2015[GM-CPC]. BETWEEN1 RIYAZ AHMAD ISMAIL SAAB SIRSI AGED52YEARS, OCC: AGRICULTURE R/O. NEHRU NAGAR AND BACHAGAV TQ: SIRSI DIST:NORTH KANARA2 MAMTAZ W/O. RIYAZ AHMAD AGE:39. YEARS, OCC: HOUSEHOLD WORK R/O. NEHRU NAGAR AND BACHAGAV SIRI, DIST: NORTH KANARA (BY SRI ANANT HEGDE & SRI VISHWANATH HEGDE, ADVOCATES) ... PETITIONERS AND1 ROMAO S/O. MANUEL FERNANDES AGE:68. YEARS, OCC: BUSINESS R/O. MARIGUDI ROAD, SIRSI DIST: NORTH KANAR :2. :2. SAMSON S/O. JOHN DSOUZA AGE:52. YEARS, OCC: BUSINESS R/O. GREEN STREET KARWAR DIST: NORTH KANARA3 MONTE LUIS FERNANDES AGE:66. YEARS, OCC: BUSINESS R/O. NELLEKERI, KUMTA DIST: NORTH KANARA4 NAZEER AHMED S/O. MOHAMMED ALI CHOUTI AGE:69. YEARS, OCC: AGRICULTURE R/O. BACHAGAV NOW R/O. AT SHIVAJI CHOWK SIRSI, DIST: NORTH KANARA (BY SRI A P HEGDE & SRI VIJAY MALALI, ADVOCATES FOR R1 TO R3; R4-SERVED) ... RESP...


Jan 27 2016

Pawadi Rewappa Pidai by His Lrs and Others Vs. Ningappa Rewappa Mali

Court: Karnataka Dharwad

Decided on: Jan-27-2016

1 R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE27H DAY OF JANUARY, 2016 BEFORE THE HONBLE MRS. JUSTICE B.V. NAGARATHNA R.S.A. NO.5366/2012(SP) BETWEEN:1. PAWADI REWAPPA PIDAI BY HIS LRS AND OTHERS1) NINGAPPA PAWADI PIDAI, AGE:54. OCC: AGRIL., R/O KATAKABHAVI, TQ. RAIBAG & DIST: BELGAUM PIN:591. 329 1B) VITTAL PAWADI PIDAI AGE:31. OCC: AGRIL., R/O KATAKABHAVI TQ: RAIBAG & DIST: BELGAUM PIN:591. 329 1C) SANJU PAWADI PIDAI AGE:29. OCC: AGRIL., R/O KATAKABHAVI, TQ. RAIBAG, DIST: BELGAUM, PIN:591. 329 1D) MAHADEV PAWADI PIDAI AGE:28. OCC: AGRIL., R/O KATAKABHAVI, TQ. RAIBAG, DIST: BELGAUM, PIN:591. 329 1E) ASHOK PAWADI PIDAI AGE:26. OCC: AGRIL., R/O KATAKABHAVI, TQ. RAIBAG, DIST: BELGAUM, PIN:591. 329 2 1F) GANGAWWA W/O VITTAL ALAVANDI AGE:24. OCC: AGRIL., R/O KABBUR TQ: CHIKODI NOW RESIDING AT KATAKABHAVI TQ: RAIBAG & DIST: BELGAUM PIN:591. 329 1G) NINGAWWA W/O PAWADI PIDAI AGE:58. OCC: AGRIL., R/O KATAKABHAVI, TQ: RAIBAG DIST: BELGAUM PIN:591. 329 .. APPELLANTS (By Sri. S...


Jan 25 2016

Khajbabu Sheik Vs. National Mining Development

Court: Karnataka Dharwad

Decided on: Jan-25-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH Dated this the 25th day of January 2016 Before THE HONBLE MR.JUSTICE B.S.PATIL Writ Petition No.105840/2015 C/w W.P. No.105836, 105841, 105842 & 105843 of 2015 (S-DIS) In W.P. No.105840/2015 Between Khajbabu Sheik, Son of Sri Amarpasha, Aged about 34 years, Junior Officer (Mines), Donimalai Iron Ore Mines, Donimalai Township, Sandur Taluk, Ballari District, Karnataka-583118. Petitioner (By Sri K.Sreedhar Associates & Sri H.M.Dharigond, Advocates) A n d 1. National Mining Development Corporation Ltd., Represented by its Assistant General Manager (Personnel), Donimalai Iron Ore Mines, Donimalai Township, Sandur Taluk, Ballari District, Karnataka-583118.2. Joint General Manager (Personnel), National Mineral Development Corporation, Donimalai Iron Ore Mines, :2. : Donimalai Township, Sandur Taluk, Ballari District, Karnataka-583118. ...Respondents (By Sri K.Raghavacharyulu for Sri Vijay M.Malali, Advocate) This writ petition is filed unde...


Jan 13 2016

Sunil S/O. Gopal Shetty Vs. M/S. Hotel Arpan

Court: Karnataka Dharwad

Decided on: Jan-13-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH Dated this the 13th day of January 2016 Before THE HONBLE MR.JUSTICE B.S.PATIL Writ Petition No.109654/2014 (GM-CPC) Between:1. Shri Sunil, S/o Gopal Shetty, Age:48. years, Occ: Business, R/o: House No.140, Champa Building Outhouse, Mangalwar Peth, Tilakwadi, Belgaum-590006.2. Shri Sudhir, S/o Gopal Shetty, Age:41. years, Occ: Business, R/o: House No.214, Chatrapati Road, 2nd Railway Gate, Tilakwadi, Belgaum-590006.3. Shri Kiran, S/o Gopal Shetty, Age:39. years, Occ: Business, R/o: House No.214, Chatrapati Road, 2nd Railway Gate, Tilakwadi, Belgaum-590006.4. Smt. Ratna, W/o Gopal Shetty, Age:70. years, Occ: Household, R/o: House No.214, Chatrapati Road, 2nd Railway Gate, Tilakwadi, Belgaum-590006.5. Miss Sarita, D/o Gopal Shetty, Age:43. years, Occ: Nil, R/o: House No.214, :2. : Chatrapati Road, 2nd Railway Gate, Tilakwadi, Belgaum-590006. Petitioners (By Sri M.G.Naganuri & Kum. Rekha Patil, Advocates) A n d :1. M/s. Hotel Arpan, 193/...


Jan 08 2016

S. Sameeulla Vs. The Tahasildar, Hospet and Another

Court: Karnataka Dharwad

Decided on: Jan-08-2016

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated:13.11.2015, Passed by the Tahasildar/Respondent No.1 vide Annexure-A and quash the impugned order dated:18.12.2015, passed by the assistant Commissioner/Respondent No.2, vide Annexure-B and Etc.) 1. The petitioner filed the above writ petition seeking for writ of certiorari to quash the impugned order dated 13.11.2015, passed by the 1st respondent and the impugned endorsement dated 18.12.2015 issued by the 2nd respondent, and also for writ of mandamus directing the 1st respondent to allow Form Nos.6 and 7 and make necessary correction by adding the name of petitioner in Venkatapur Part (Division) 156 by deleting his name from Kamalapur village Part (Division) 123, in the interest of justice. 2. It is the case of the petitioner that, he is the permanent resident of Venkatapur Camp in Part (Division) 156 situated in Hospet Taluk, Ballari District. In view...


Jan 08 2016

Shri. Riyazahmed Abdulsattar Nagarchi Vs. Kumari Shipa D/O Shehanaz 2 ...

Court: Karnataka Dharwad

Decided on: Jan-08-2016

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE08H DAY OF JANUARY, 2016 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA WRIT PETITION NO.114645/2015 (GM-FC) BETWEEN SHRI. RIYAZAHMED ABDULSATTAR NAGARCHI AGE:34 YEARS, OCC:PVT. SERVICE R/O:H.NO:19/8, GOKAK FALLS TQ:GOKAK, DSIT:BELAGAVI ... PETITIONER (BY SRI. G B NAIK & SMT P G NAIK, ADVS.) AND1 KUMARI SHIPA D/O SHEHANAZ @ TABASSUM NAGARCHI AGE:MINOR, OCC:NIL SINCE MINOR REP BY NATURAL GUARDIAN MOTHER RESP NO.2- SHEHANAZ @ TABASSUM W/O RIYAZAHMED NAGARCHI2 SMT.SHEHNAZ @ TABASSUM W/O RIYAZAHMED NAGARCHI AGE:30 YEARS, OCC:PVT. SERVICE R/O:H.NO:3010, RAMDEV GALLI, RAVIWAR PETH, GOKAK ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE :2. : THE ORDER DATED2111.2015 AT ANNEXURE-E PASSED BY THE JUDG, FAMILY COURT, BELAGAVI REJECTING IA.NO.10 IN OS.NO.20/2012 AND I.A.NO.10 BE KINDLY ALLOWED. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MAD...


Jan 07 2016

G. Gopal Krishna S/O Venkoba Rao, Vs. K. Basheer S/O Hussain Sab,

Court: Karnataka Dharwad

Decided on: Jan-07-2016

1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE07H DAY OF JANUARY, 2016 BEFORE THE HONBLE MRS. JUSTICE B.V. NAGARATHNA R R.S.A. NO.5752/2010 BETWEEN: G. Gopal Krishna, S/o. Venkoba Rao, Aged 42 years, R/o. Main Road, Kampli, Hospet Tq. Bellary District. (By M/s. Sri. Satish M.S. & Santosh M.S., Advs.) ... Appellant AND K. Basheer, S/o. Hussain Sab, Aged 52 years, Agriculturist, R/o.Ramasagara Village, Hospet Tq. Bellary District. (By Sri. Hanumantha Reddy Sahukar, Adv.) ... Respondent This RSA filed U/S.100 OF CPC, against the judgement & decree dtd:25/02/2010 passed in R.A.NO.71/2007 on the file of the Addl. Civil Judge (Sr.Dn.) at Hospet, allowing the appeal, filed against the judgment dtd:20/07/2007 and the decree passed in O.S.NO.205/2005 on the file of the Addl. Civil Judge, 2 (Jr.Dn.) & JMFC, Hospet, dismissing the suit filed for permanent injunction. This RSA coming on for admission this day, the court delivered the following: JUDGMENT Though this appeal is listed...


Jan 06 2016

Oriental Insurance Co. Ltd. Hubli, R/by its Regional Manager Vs. Mahad ...

Court: Karnataka Dharwad

Decided on: Jan-06-2016

(This MFA is filed under Section 173(1) of the MV Act, against the judgment and award dated 17.06.2014 passed in M.V.C.No. 875/2013 on the file of the I Addl. Senior Civil Judge and Addl. MACT, Bengaum, awarding the compensation of Rs.33,15,500/ with interest at the rate of 9% P.A. from the date of petition till the date of realisation.) This is an Insurance appeal against the judgment and award dated 17.06.2014 made in M.V.C.No. 875/2013 on the file of the I Addl. Senior Civil Judge and Addl. MACT, Belgaum, awarding compensation of Rs.33,15,500/ to the respondents “ parents of the deceased. The facts of the case are: 2. It is the case of the respondents before the Tribunal that son of the claimants in M.V.C.NO. 875/2013 namely Sham Mahadev Yallurkar was riding his motor cycle from Udyambag towards Desur on Belgaum-Khanpur road. When he came near the sport of the accident near Desur cross, from opposite side an autorickshaw bearing No.KA-22/A-2238 came in a rash and negligent man...


Jan 06 2016

Oriental Insurance Co. Ltd., Vs. Mahadev Genu Yellurkar

Court: Karnataka Dharwad

Decided on: Jan-06-2016

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE06H DAY OF JANUARY, 2016 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA M.F.A. NO.102237/2014 (MV) BETWEEN ORIENTAL INSURANCE CO. LTD., D O OFFICE, II FLOOR, MADIWALE ARCADE, CLUB ROAD, BELGAUM RPTED. THROUGH ITS ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE SUMANGALA COMPLEX, II FLOOR, LAMINGTON ROAD, HUBLI R/BY ITS REGIONAL MANAGER ... APPELLANT (BY SMT. PREETI SHASHANK, ADV.) AND1 MAHADEV GENU YELLURKAR AGE:59. YEARS, OCC: AGRICULTURE R/O. BHAVAKESHWARI GALLI, SULAGE (YALLUR) TQ & DIST: BELGAUM2 3. SAVITRI MAHADEV YALLURKAR AGE:53. YEARS. OCC: HOUSEHOLD WORK R/O. BHAVAKESHWARI GALLI, SULAGE (YALLUR) TQ & DIST: BELGAUM BANDU BABU CHOUGULE AGE: MAJOR, OCC: RICKSHAW OWNER R/O. H No.126, TANAJI GALLI, ALATAGA. :2. : (OWNER OF AUTORICKSHAW KA-22/A-2238) ... RESPONDENTS (BY SRI. B M PATIL, ADV. FOR R1 & R2, NOTICE TO R3 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION1731) OF THE MV ACT, AGAINST THE JUDGMENT AND AWARD DATED1706.201...


Jan 05 2016

Sarojini Ramappa Dhavali and Another Vs. Sri Parashuram Durgappa Ankal ...

Court: Karnataka Dharwad

Decided on: Jan-05-2016

(This MFA is filed u/s. 173(1) of the M.V. Act, against the judgment and award dtd:30.07.2013, passed in MVC No.2503/2012 on the file of the VI Addl. Dist. and Sessions Judge, Belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation.) This Miscellaneous First Appeal is filed by the parents of the deceased-Ravindra for enhancement against the judgment and award dated 30.07.2013 made in MVC No. 2503/2012 on the file of the VI Additional District and Sessions Judge, Belagavi awarding Rs.2,82,000/-together with costs and interest at 7% per annum from the date of petition till realisation of the entire amount. 2. The claimants are the parents of the deceased-Ravindra, who on 10.10.2009 at about 23.30 hours when proceeding on motor cycle bearing No.KA- 22/X-3473 on Gokul Road near bus stand Hubli in a moderate speed, met with an accident due to rash and negligent driving by the driver of an unknown auto rickshaw. Thereby the deceased sustained inj...


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