Karnataka Dharwad Court December 2016 Judgments
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smt.shashikala Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Dec-07-2016
1 R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE7H DAY OF DECEMBER2016BEFORE THE HONBLE MR. JUSTICE S.N. SATYANARAYANA CRIMINAL PETITION No.100756/2016 BETWEEN:1. 2. SMT.SHASHIKALA ANNASAHEB JOLLE, W/O SRI.ANNASAHEB JOLLE, AGE:47. YEARS, OCC: MLA OF NIPPANI, R/O: EXAMBA, CHIKODI TQ., BELAGAVI DIST. SMT.THARA @ THARA ANURADHA AGE:44. YEARS, OCC: MLC, R/O:"CHIGURU", 278, 15TH CROSS, 5TH PHASE, J.P. NAGAR, BENGALURU-560078. (BY SRI : J.BASAVARAJ, ADVOCATE) ... PETITIONERS AND THE STATE OF KARNATAKA (THROUGH SADALAGA PS) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD. ... RESPONDENT (BY SRI RAJA RAGHAVENDRA NAIK, HCGP) 2 THE PROCEEDINGS THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT REGISTERED AND IN C.C. NO.350/2015 (CR. NO.88/2014) ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, CHIKKODI AND ALSO SET ASIDE THE ORDERS PASSED BY THE I ADDL. CIVIL JUDG...
The Divisional Manager, The National Insurance Co. Ltd., Rep. by Deput ...
Court: Karnataka Dharwad
Decided on: Dec-06-2016
(Prayers: This MFA filed U/Sec. 173(1) of the Motor Vehicles Act, 1988, against the Judgment and award dated: 28.08.2014, passed in MVC.No.1937/2012, on the file of the 1st Additional Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Belgaum, awarding Compensation of Rs.6,73,000/- along with interest rate the rate of 6% P.A. from the date of petition till realization. This MFA Crob in MFA No.100380/2015 filed under Order XLI Rule 22 of CPC, 1908, against the Judgment and award dated 28.08.2014, passed in MVC No.1937/2012 on the file of the I Addl. Senior Civil Judge and Member, Additional Mact, Belagavi, partly allowing the claim petition for Compensation and seeking enhancement of Compensation.) 1. The Insurer is in appeal whereas the claimant has filed the cross-objection challenging the judgment and award dated 28.08.2014 passed by the 1st Addl. Senior Civil Judge and Addl. MACT, Belgaum in MVC No.1937/2012. 2. Heard the learned counsel for the parties and pe...
National Highways Authority of India Vs. Udaykumar S/O Basappa Neglur
Court: Karnataka Dharwad
Decided on: Dec-06-2016
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH Dated this the 6th day of December, 2016 R Present THE HONBLE MR. JUSTICE RAGHVENDRA S. CHAUHAN And THE HONBLE MR. JUSTICE SREENIVAS HARISH KUMAR W.A. Nos.31169-31180/2013 (GM-RES) Between: - Appellant National Highways Authority of India Project Implementation Unit, Sattur Colony, Vidyagiri, Dharwad, Represented by its Manager (TECH) and Competent Authority for Land Acquisition Sri Ch Ramanjva Rao of Dharwad. (By Sri Sachin S Magadum, Advocate) And:1. 2.3. Udaykumar s/o Basappa Neglur, Age:50. yrs, Occ.: Agriculture, R/o Kavalettu village, Tal.: Ranebennur & Others. Sri Shankar s/o Basappa Neglur, Age:50. yrs, Occ.: Agriculture, R/o Kavalettu village, Tal.: Ranebennur & Others. Hanumantappa Siddalingappa Kyatammannavar, Age:50. yrs, Occ.: Agriculture, R/o Kavalettu village, Tal.: Ranebennur & Others. 2 4.5. 6.7. 8.9. Basavaraj Channappa Negalur, Age: Major, Occ.: Agriculture, R/o Kavalettu village, Tal.: Ranebennur & Others. Mahadevappa s...
Somappa S/O. Mallappa @ Madivalappa Yakkundi, Vs. Imamsab S/O. Fakrusa ...
Court: Karnataka Dharwad
Decided on: Dec-05-2016
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE5H DAY OF DECEMBER, 2016 BEFORE THE HONBLE MRS. JUSTICE S.SUJATHA M.F.A NO.21854 OF2012c/w M.F.A. Nos.21203/2012, 21204/2012, 22595/2010 [MV]. IN MFA No.21854/2012: BETWEEN SOMAPPA S/O. MALLAPPA @ MADIVALAPPA YAKKUNDI, AGE:56. YEARS, OCC: AGRICULTURE, NOW NIL, R/O. KORAVINAKOPPA, TQ: BAILHONGAL, DIST: BELGAUM. ... APPELLANT (By SRI. HANAMANT R. LATUR, ADV.) AND1 2. IMAMSAB S/O. FAKRUSAB BALIKAYI AGE:61. YEARS, OCC: BUSINESS, R/O. VAKKUND, TQ: BAILHONGAL, DIST: BELGAUM. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL MANAGER, DIVISIONAL OFFICE, MARUTI GALLI, BELGAUM. ... RESPONDENTS ( RESPONDENTNO.1 DISPENSED BY SRI. N R KUPPELUR ADV. FOR R2) MFA FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DTD:29-12-2011 PASSED IN MVC NO.609/2010 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-I AND MEMBER, ADDL. MACT, BELGAUM, 2 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. ...
Basavaraj Rachappa Kajgar Vs. The State of Karnataka through Marihal P ...
Court: Karnataka Dharwad
Decided on: Dec-02-2016
(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C seeking to set aside the Judgment of Conviction and order of sentence Dated 16.12.2011, passed by the V-Addl Sessions Judge, Belgaum, in S.C. No.408 of 2009) K. Somashekar, J. 1. The case of the prosecution is that the P.W.1/Smt.Neelavva got married with the accused for about 7 years prior to the incident. Due to the wedlock, she begotten two children namely Master Arun, aged 5 years and Master Iranna, aged 3 years. They all were residing in the house of P.W.4/Jinnappa on rental basis. The accused who is cook by profession and was working at Bharatesh Polytechnic College Hostel for the livelihood of the family. P.W.1/Smt.Neelawa while in her native place Murkibavi was in love with Sri.Maniu of Nesargi Village, but she relinquished her friendship with him after she got marriage and led happy married life with the accused. Subsequently, after few days prior to the complaint, that the accused person who was ill treating...
Shivanand and Others Vs. The State of Karnataka represented by Assista ...
Court: Karnataka Dharwad
Decided on: Dec-02-2016
(Prayer: This Criminal revision petition is filed under section 397 read with section 401 of CR.P.C., seeking to allow this petition by setting aside order dated 03.09.2016 passed by the Sub divisional Magistrate, Jamakhandi subdivision, Jamakhandi, in MAG/CR/-135/2016-17 dated 03.09.2016, etc., This Criminal revision petition is filed under section 397 read with section 401 of CR.P.C., seeking to allow this petition by setting aside order dated 03.09.2016 passed by the Respondent No.1 Sub divisional Magistrate, Jamakhandi subdivision, Jamakhandi, in MAG/CR/-135/2016-17 dated 03.09.2016, etc.,) 1. Petitioners are residents of Mudhol town, Mudhol taluk in Bagalkot district. All the 9 petitioners have come up in these 9 petitions impugning the order dated 3.9.2016 passed in each case by the Assistant Commissioner of Jamakhandi, who is also Sub-Divisional Magistrate of Jamakhnadi who by his order dated 3.9.2016 has exterminated the petitioners from the District of Bagalkot for a period of...
State of Karnataka Vs. Huleppa and Others
Court: Karnataka Dharwad
Decided on: Dec-02-2016
(Prayer: This Criminal Appeal is filed under Section 378(1) and (3) of Code of Criminal Procedure seeking to set aside the Judgment and Order of acquittal Dated 06.01.2012 passed by the Fast Track Court-III, Hospet, in S.C.No.67 of 2011 and consequently convict the accused for the offence charged in the interest of justice.) Ravi Malimath, J. 1. The case of the prosecution is that on 15.07.2010, PW1 and PW2 were returning from Bandihalli village to Morab village on a motorcycle. PW2 was riding the motorcycle and PW1 was the pillion rider. At about 12 noon, on the rough road by the side of the water tank of their village, accused Nos. 1 to 3 stopped them on the road. They dragged PW2 from the motorcycle, assaulted him by means of stones over the left side of his head, caused bleeding injuries and assaulted on his leg and other parts of the body. PW1 ran away from the scene and informed his wife and children and also informed the brother of PW2 about the incident. Based on the said facts...
Shamim Bano and Another Vs. Santosh and Others
Court: Karnataka Dharwad
Decided on: Dec-01-2016
(Prayer: This appeal is filled under Section 173(1) of the MV Act, 1988, against the judgment and award dated 25.03.2013, passed in MVC.No.1630/2011, on the file of II Addl. District Judge, Belgaum, partly allowing the claim petition for compensation and seeing enhancement of compensation.) S. Raghvendra Chauhan, J. 1. Aggrieved by the compensation awarded by the learned II Addl. District Judge, Belgaum, dated 25.03.2013, passed in MVC.No.1630/2011, and hoping for enhancement of the compensation, the appellants have approached this Court. By the impugned award, the learned Tribunal has granted a compensation of Rs.5,33,000/- along with interest at the rate of 6% p.a. from the date of petition till the date of realization. 2. Briefly the facts of the case are that on 14.02.2011, Adil, son of the appellants, was riding a motorcycle and proceeding from Narayan Wadi, Taluk Karhad. At about 10.30 p.m., near Mohite colony on Wattar Retre Budruk, within the limits of Retre, a truck dumper, be...
State of Karnataka, Represented by Circle Inspector Vs. Sangappa
Court: Karnataka Dharwad
Decided on: Dec-01-2016
(Prayer: This Criminal Appeal is filed under Section 378(3) of Code of Criminal Procedure seeking to set aside the Judgment and Order of acquittal Dated 31.12.2011 in S.C. No.5 of 2011 passed by the Sessions Judge, Bagalkot and further pleased to convict the accused for the offence punishable under Section 302 of Indian Penal Code.) Ravi Malimath, J. 1. The case of the prosecution in brief is as follows: P.W.1 is the complainant. He is residing along with his wife and children. The deceased is his daughter. The marriage of his daughter namely the deceased was performed with the accused about one year prior to the incident. About two months prior to the incident, the deceased came to his house and disclosed that her husband had assaulted her. That he was causing physical and mental torture on her. Therefore, she refused to go back to her husband s house. The complainant and others persuaded her to go to her husband s house. She declined to do so. On the previous day of the incident, the...
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