Karnataka Dharwad Court November 2016 Judgments
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Yallappa Vs. The Returning Officer (President and Vice-President Elect ...
Court: Karnataka Dharwad
Decided on: Nov-29-2016
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned Notice Dated: 22.11.2016 issued by the 1st Respondent as per Annexure-A and direct the 1st Respondent to conduct the elections of Malali Gram Panchayat for the post of President and Vice-President by issuing fresh Calendar of events and permitting the Petitioner to submit the nomination to the post of President.) 1. The petitioner is before this Court being aggrieved by the impugned election meeting notice bearing No.GraPamChu Vahi: 551:2016-17 dated 22.11.2016 calling for reconvening of the adjourned meeting which was proposed as a continuation of the meeting that was called for on 21.11.2016 whereby the calendar of events for the election of the Adhyaksha and Upadhyaksha of the Malali Grama panchayath was set in motion. 2. Heard the learned counsel for the petitioner, learned counsel for respondent No1-Returning Officer and the learned AGA for respondents 2 to 5....
Sanjeevareddy Vs. Mruthyunjaya and Others
Court: Karnataka Dharwad
Decided on: Nov-28-2016
(Prayer: This Criminal Appeal is filed under Section 372 of Criminal Procedure Code seeking to set aside the Judgment of acquittal of Respondents, Dated 14.06.2006 passed in Sessions Case No.59 of 2002 by the Learned District and Sessions Judge, Haveri and to convict and Sentence them.) 1. The case of the prosecution is that on 19th January 2002, the accused and the deceased had quarreled in respect of the land. That a life threat was given by accused No.1 to the deceased. On the same night, the deceased had gone to Kerekoppa village to attend Vemana Jayanti function. When he returned to Marol village after midnight along with PW-23 on a motorcycle, the accused with a common object of committing his murder, caused severe injuries to PWs-1 to 3 and also assaulted the deceased. The deceased and the injured were shifted to the hospital, wherein the deceased succumbed to the injures. 2. Based on the same, a case was registered against ten accused for the offences punishable under Sections ...
shri.aditya Vs. shri.vasudev
Court: Karnataka Dharwad
Decided on: Nov-24-2016
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE24H DAY OF NOVEMBER, 2016 BEFORE THE HONBLE MRS. JUSTICE S.SUJATHA R.S.A.No.100698/2016 (VAC. POSSN. & MES. PRO.) BETWEEN: SHRI.ADITYA A/F LATE SATYAPRASAD MISHRA, AGE:28. YEARS, OCC: BUSINESS, R/O:188. A, LINE BAZAR, DHARWAD-580001. ... APPELLANT (BY SRI.MURUGENDRA TUBAKE AND SRI NAVEEN R.MELINAMENI, ADV.) AND:1. SHRI.VASUDEV S/O RAMACHANDRA PUJAR, AGE:48. YEARS, OCC: BUSINESS, R/O: OPPOSITE RAJANI APARTMENT, SANMATI NAGAR, DHARWAD-580002.2. SHRI.MUKESH S/O HARIJIVANDAS PATADIA, AGE:53. YEARS, OCC: BUSINESS, R/O: ADARSHA NAGAR, HUBBALLI, DIST: DHARWAD-580023. ... RESPONDENTS (BY SRI.GANGADHAR J.M. AND SRI PRAVEEN TARIKAR, ADV. FOR C/R1 AND R2) THIS RSA IS FILED U/SEC.100 R/W ORDER42RULE1OF CPC, 1908, AGAINST THE JUDGEMENT & DECREE DTD:29.04.2016 PASSED IN R.A.NO.187/2015 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD:28.05.2012, PASSED...
The Commissioner of Income Tax and Another Vs. The Nagarbail Salt-Owne ...
Court: Karnataka Dharwad
Decided on: Nov-19-2016
This ITA Is Filed U/S.260 A of the Income-Tax Act,1961, Praying to formulate the Substantial Question of Law as stated and allow the Appeal and set aside the Orders Passed by the INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI, in ITA NO.252/PNJ/2014. Dtd: 23.01.2015 for the Assessment Year 2006-07 and confirm the Order Passed by the INCOME TAX OFFICER, WARD-2, Santeri Krujapa Building, Habbuwada Karwar. P.S. Dinesh Kumar J. 1. Revenue, aggrieved by the order passed by the Income Tax Appellate Tribunal, Panaji Bench, Panaji ( ITAT for short) in ITA No.252/PNJ/2014 dated 23.1.2015 for the assessment year 2006-07 has presented this appeal raising certain questions of law. This Court after hearing the learned Standing Counsel for the Income Tax Department and Counsel for the respondent assessee vide order dated 2.11.2016 framed following question of law: Whether the respondent Society assessed to tax on its income as person as defined under Section 2(31) of Income Tax Act, 196...
United India Insurance Co. Ltd., rep. by its Divisional Manager S.K. C ...
Court: Karnataka Dharwad
Decided on: Nov-18-2016
(Prayer: This MFA is filed u/s 30(1) of the W.C. Act against the order dated 23-1-2008 on the file of the Workmen s Compensation Commissioner, Sub-Division-I, Bellary in CWC:WCA:CR:No.152/2003.) 1. The United India Insurance Company Limited has filed this appeal challenging the judgment and order dated 23-01-2008 made in CWC:WCA:CR:NO.152/2003 passed by the Labour Officer and Commissioner for Workmen s Compensation, sub-Division-1, Bellary (hereinafter referred to as the WCC for short) fastening the liability on the appellant to compensate the claimant. 2. The main contention of the appellant is that as on the date of accident, the driver of the passenger auto rickshaw was not holding the valid and effective driving license to drive the passenger auto, on the other hand, he was holding the Learners License and he cannot drive the passenger auto along with the passenger. Hence, the order passed by the WCC fastening the liability on the appellant-Insurance Company is contrary to law. ...
Ningavva Vs. Basappa Sanganabasappa Meti and Others
Court: Karnataka Dharwad
Decided on: Nov-16-2016
(Prayer: This MFA is filed u/s 30(1) of W.C. Act against the Judgment and Order dated 27/12/2007 passed in WCA/F-24/2001 on the file of the Labour Officer and Commissioner for Workmen Compensation, Bagalkot, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. Appellants are the claimants. Being aggrieved by the judgment and order dated 27.12.2007 passed by the Labour Officer and Commissioner for Workmens Compensation, Bagalkot (hereinafter referred to as the WCC for short) in WCA/F Nos.22/2001, 23/2001, 24/2004 and 26/2001 respectively, fastening the liability on respondent Nos.1 and 3 to compensate the claimants by exonerating the Insurance Company, they have filed these appeals and also seeking enhancement of compensation. 2. The common judgment and order passed by the WCC has been challenged in all these appeals. Hence, all the appeals are clubbed together and disposed of by this common judgment. 3. The claimants in WCA/F No.22/2001 ar...
Shilabai Vasant Magadum and Others Vs. Peermohammad Ahmedsab Mahasuri ...
Court: Karnataka Dharwad
Decided on: Nov-16-2016
(Prayer: This MFA is filed under section 30(1) of the Workmen s Compensation Act against the order dated 30.05.2008 passed in WCA/SR-91/2007 on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub Division No.2, Belgaum, Partly allowing the compensation and seeking enhancement of compensation.) 1. These appeals are filed by the claimants and also the insurance company challenging the legality and correctness of the judgment and order dated 30th May 2008 made in WCA:SR-91/2007 passed by the Labour Officer and Commissioner for Workmen s Compensation, Sub Division-II, Belagavi (hereinafter referred to as WCC for short). 2. For the sake of convenience and better understanding of the case, the parties are referred to as per their rankings before the WCC. 3. The claimants filed the claim petition contending that the husband of claimant No. 1 and father of claimant Nos. 2 to 4 viz., Vasant Magadum was working as a driller in the tractor No.RSE-7763 belonging to resp...
Aruna W/O Sudhir Lengade Vs. Madhukar Bapusaheb Lengade
Court: Karnataka Dharwad
Decided on: Nov-14-2016
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH ON THE30H DAY OF JULY, 2015 BEFORE THE HONBLE MR.JUSTICE RAVI MALIMATH AND THE HONBLE MR.JUSTICE P.S. DINESH KUMAR R.F.A.NO.4100/2012 C/W30112011 IN RFA NO4100OF2012BETWEEN1 ARUNA W/O SUDHIR LENGADE AGE:55. YEARS, OCC: HOUSEHOLD WORK R/O. 23, KHANAPUR ROAD TILAKWADI, BELGAUM-590 006 2. MAITHILI D/O. SUDHIR LENGADE AGE:33. YEARS, OCC: HOUSEHOLD WORK R/O. 23, KHANAPUR ROAD TILAKWADI, BELGAUM-590 006 3. AISHWARYA D/O. SUDHIR LENGADE AGE:30. YEARS, OCC: HOUSEHOLD WORK R/O. 23, KHANAPUR ROAD, TILAKWADI, BELGAUM-590 006 ... APPELLANTS (BY SRI M G NAGANURI, ADVOCATE) AND1 MADHUKAR BAPUSAHEB LENGADE AGE:70. YEARS SINCE DECEASED BY HIS LRs. 1A) 1(B) 1(C) 1(D) 2.3. 4.5.6. :2. : SMT.SUNITHA W/O MADHUKAR LENGADE AGE:64. YEARS, OCC: HOUSEHOLD R/O23 KHANAPUR ROAD BELGAUM-590 006 SMT.SANJANA W/O RAHUL MIRAJKAR AGE:43. YEARS, OCC: HOUSEHOLD R/O LENGADE BUILDING, CLUB ROAD BELGAUM-560 001 SHRI MAHAVEER MADHUKAR LENGADE AGE:40. YEARS, OCC: BUSINESS R/...
Basavaraj Vs. Shivappa and Others
Court: Karnataka Dharwad
Decided on: Nov-10-2016
(Prayer: This regular second appeal is filed under section 100 of CPC against the judgment and decree dated 02.07.2010 passed in R.A. no.55 of 2006 on the file of the addl. civil judge (sr. dn.) haveri, dismissing the appeal, filed against the judgement dated 10.04.2006 and the decree passed in o.s. no. 150 of 1995 on the file of the civil judge (Jr. Dn.) and Jmfc, at haveri, partly decreed the suit filed for specific performance of contract.) 1. Aggrieved by the concurrent findings recorded by both the Courts below in partly decreeing the suit of the plaintiff and directing the defendant to pay the earnest money of Rs.2,500/- at 6% per annum, the plaintiff has filed this appeal. 2. Parties are referred to as per their rank in the Trial Court. 3. The case of the plaintiff is that the suit property belongs to the defendant. On 25.06.1973 defendant executed a registered sale agreement by receiving an earnest money of Rs.2,500/- out of the total sale consideration of Rs.9,200/-. Plaintiff...
Iliyas and Others Vs. Dinkar Pandurang Bhate and Others
Court: Karnataka Dharwad
Decided on: Nov-10-2016
(Prayer: This regular second appeal is filed under section 100 of CPC against the judgment and decree dated 24.01.2015 passed in R.A. No.313 of 2009 on the file of the presiding officer, fast track court - III belgaum, allowing the appeal and setting aside the judgment and decree dated 29.10.2005 passed in O.S. No.627 of 2003 on the file of the III additional civil judge (JR. DR), belgaum, dismissing the suit filed for possession and mesne profits.) 1. The case of the plaintiff is that the suit property is a commercial shop measuring 11 X29 and 3. 8X18 total measuring 44 square meters situated in Belgaum. It was leased by her mother in favour of the defendant. The defendant was paying a monthly rent of Rs.250/-. In view of the amendment of the Karnataka Rent Act, the property in question was beyond the jurisdiction of the Karnataka Rent Control Act. Hence, in order to seek possession, the lease was terminated and the instant suit was tiled seeking for possession and mesne profits. 2....