Karnataka Dharwad Court March 2016 Judgments
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Hemanagouda and Others Vs. The Land Acquisition Officer and Assistant ...
Court: Karnataka Dharwad
Decided on: Mar-29-2016
(Prayer: This CRP is filed under Section 115 of CPC 1908, against the order dated 01.08.2015 passed in LAC No. 230/2014 on the file of the Senior Civil Judge at Koppal, dismissing the petition filed U/S. 18(1) of Land Acquisition Act. 1. Office has raised objections regarding maintainability of these revision petitions under Section 115 of the Code of Civil Procedure. Hence, I have heard learned counsel for petitioners on the question of maintainability. 2. Order under challenge has been passed by the reference Court on reference made by the Land Acquisition Officer under Section 18(1) of the Land Acquisition Act of the claim made by the petitioners seeking enhancement of compensation. 3. The Land Acquisition Officer has passed an award dated 19.02.2010 in respect of several lands involved in these batch of revision petitions. The Land Acquisition Officer had fixed market value at Rs. 29,750/- per acre. The land owners/claimants filed applications under Section 18(1) seeking reference ...
Hemanagouda Vs. The Land Acquisition Officer
Court: Karnataka Dharwad
Decided on: Mar-29-2016
R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE29T H DAY OF MARCH2016BEFORE THE HONBLE MR. JUSTICE B.S. PATIL CRP NOs .10 007 7, 100 07 8, 100 079 , 1 001 02, 1000 71, 10 00 72, 10 007 3, 100 074, 1 00 075 , 1000 76, 10 00 82, 10 008 4, 100 085, 1 00 086 , 1000 87, 10 01 00, 10 010 1, 100 103 OF2015 , CRP No.100 064 /20 15 C/w . C RP Nos .10 00 69/ 201 5, 1000 70/ 20 15, AN D CR P N Os. 10 00 65, 10 006 6, 1000 67 & 1 00 068 OF2015 CRP NOs.100077/2015 BETWEEN HEMANAGOUDA S/O HANUMAGOUDA POLICE PATIL, AGE:30. YEARS, OCC: AGRICULTURE, R/O: BHIMANORE VILLAGE, TQ: DIST: KOPPAL. (BY SRI JAGADISH PATIL & SRI LINGRAJ MARADI, ADVOCATES) ... PETITIONER AND1 THE LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER, TQ & DIST: KOPPAL.2. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, :2. : KUSHTAGI, DIST: KOPPAL. ... RESPONDENTS THIS CRP IS FILED UNDER SECTION115OF CPC1908 AGAINST THE ORDER DATED0108.2015 PASSED IN LAC NO.230/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AT KOPPAL, DISM...
Bhaskar Industrial Development Limited Vs. South Western Railway Club ...
Court: Karnataka Dharwad
Decided on: Mar-21-2016
(Prayer: This MFA filed u/s. 37(1)(b) of Arbitration and Conciliation Act, 1996, against the order dated 29.08.2015 passed in A.S.No.1 of 2015 (Old No.148 of 2014) on the file of the Principal District and Sessions Judge at Dharwad, allowing IA No.II.) H.G. Ramesh, J. (Oral): 1. Whether Court has power under Section 34 of the Arbitration and Conciliation Act, 1996 to remit the matter to the arbitral tribunal after setting aside an arbitral award, is the question that requires determination in this appeal. The question is answered in the negative. 2. This appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 ('the Act' for short) is directed against an order dated 29.08.2015 passed by the Court of the Principal District Judge, Dharwad, in Arbitration Suit No.1/2015. The appellant herein was the plaintiff before the trial Court in the aforesaid suit. The aforesaid suit (Application) was filed under Section 34 of the Act against an arbitral award dtd. 06.01.2014. By ...
Bhaskar Industrial Development Limited Vs. South Western Railway
Court: Karnataka Dharwad
Decided on: Mar-21-2016
MFA No.103528 OF2015-1- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE21t DAY OF MARCH2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE G.NARENDAR MFA No.103528 OF2015 A & C) R BETWEEN : BHASKAR INDUSTRIAL DEVELOPMENT LIMITED11, CAMAC STREET, 3RD FLOOR KOLKATA-700016 REP BY ITS AUTHORIZED REPRESENTATIVE MR. M PRAHLADKA (By SRI K.G. RAGHAVAN, SR. ADVOCATE, SMT. GAYATRI BALU AND SRI SAMUDRA SARANGI, ADVS. FOR KHAITAN AND CO.) ... APPELLANT AND SOUTH WESTERN RAILWAY CLUB ROAD, KESHWAPUR HUBBALLI-580023 THROUGH THE PRINCIPAL CHIEF ENGINEER (By SMT. ANURADHA DESHPANDE, ADV.) ... RESPONDENT THIS MFA FILED U/S.37(1)(b) OF ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE ORDER DATED2908.2015 PASSED IN A.S.NO.1 OF2015(OLD NO.148 OF2014 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT DHARWAD, ALLOWING IA NO.II. THIS MFA COMING ON FOR ORDERS THIS DAY, H.G. RAMESH J., DELIVERED THE FOLLOWING: MFA No.103528 OF2015-2- H.G.RAMESH, J.(Oral): JUDGMENT1...
Sudhir Mohan Shetty Vs. Jyoti Devadas Varma
Court: Karnataka Dharwad
Decided on: Mar-18-2016
1. In this appeal, appellant-husband has challenged the judgment and order dated 27-11-2015, in M.C. 58/ 2013, dissolving his marriage solemnised with respondent wife on 10-12-2010. 2. Heard Shri Anant Hegde, learned counsel for the appellant and Shri Vijay M. Malali, learned counsel for the respondent. 3. Briefly stated the facts of the case are, marriage of appellant and respondent was solemnised on 10-12-2010 as per Hindu rights and customs. They lived together for a short spell of one month in Goa, where the appellant resides. Thereafter, according to respondent, family discord started surfacing. In the meanwhile, the respondent took up a job with Canara Bank. She also registered a private complaint against the appellant in the Court of the learned JMFC, Sirsi. Efforts made to reconcile the differences was of no avail. From and after November 2012, both appellant and respondent lived separately. Respondent filed the instant petition seeking divorce and dissolution of marriage durin...
Rajkumar Vs. The State of Karnataka, Bangalore and Others
Court: Karnataka Dharwad
Decided on: Mar-17-2016
(Prayer: These writ appeals are filed U/s.4 of the Karnataka High Court Act, praying to set aside the order dated 15.12.2014 passed in W.P.No.75263/2013 and W.P.Nos. 75278-280/2013 (KLR-CON) passed by the learned single judge of this Honourable Court and allow the writ petitions. H.G. Ramesh, J. (Oral): 1. These intra court appeals are directed against an order dated 15.12.2014 made by a learned Single Judge of this Court dismissing the appellant s writ petitions in W.P.Nos.75263 and 75278-280 of 2013. In the writ petitions, the appellant had challenged the endorsement dated 08.12.2011 (Annexure-F) issued by the Tahsildar, Bagalkot, rejecting his application dated 21.11.2011 (Annexure-E) filed under Section 95(2) of the Karnataka Land Revenue Act, 1964 ( the Act for short to the Deputy Commissioner, Bagalkot district, for grant of permission to divert his agricultural land measuring 4 acres 14 guntas for using it for residential purposes. 2. By consent of learned counsel on both sides,...
Mohammed Aziz Ahamedkhan Vs. The Deputy Commissioner, Koppal
Court: Karnataka Dharwad
Decided on: Mar-17-2016
C.C.C. No.100411/2015 -1- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE17H DAY OF MARCH2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE G.NARENDAR C.C.C. No.100411/2015 (CIVIL) R BETWEEN : MOHAMMED AZIZ AHAMEDKHAN S/O. AJMALKHAN AGE:52. YEARS, OCC: BUSINESS R/O. H No.6-1-9, HASAN ROAD DARGA ROAD, KOPPAL TQ & DIST: KOPPAL. (BY SRI P G MOGALI, ADVOCATE) AND : ... COMPLAINANT1 2. THE DEPUTY COMMISSIONER, KOPPAL TQ & DIST: KOPPAL, BY SRI R R JANNU. (A1 DELETED VIDE COURT ORDER DATED0802.2016) THE CITY MUNICIPAL COUNCIL, KOPPAL TQ & DIST: KOPPAL BY ITS COMMISSIONER, KOPPAL SMT.ASHWINI B.M. W/O. KOTRESH SHANBAG ASSISTANT COMMISSIONER CITY MUNICIPAL COUNCIL DAVANGERE, TQ.& DIST.DAVANGERE. ... ACCUSED (BY SRI R.K. KULKARNI, ADVOCATE FOR A2) THIS CONTEMPT PETITION IS FILED UNDER SECTIONS11AND12OF THE CONTEMPT OF COURTS ACT AND ARTICLE215OF THE CONSTITUTION OF INDIA, PRAYING TO, SUBJECT THE C.C.C. No.100411/2015 -2- ACCUSED FOR TRIAL FOR DISOBEYING THE ORDER...
Rajkumar S/O Anaveerappa Telsang, Vs. The State of Karnataka,
Court: Karnataka Dharwad
Decided on: Mar-17-2016
W.A. Nos.100403-100406 OF2015-1- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE17H DAY OF MARCH2016PRESENT R THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE P.S.DINESH KUMAR W.A. Nos.100403-100406 OF2015KLR-CON) ... APPELLANT BETWEEN : RAJKUMAR S/O ANAVEERAPPA TELSANG, AGE:50 YEARS, OCC:AGRICULTURE, R/O: NA SURVEY No.231, PLOT NO.3, NEAR LIONS SCHOOL, EXTENSION AREA, BAGALKOT. DIST: BAGALKOT. (By Sri S B HEBBALLI, ADV. ) AND1 2.3.4. THE STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT M.S.BUILDING, BANGALORE-1. THE DEPUTY COMMISSIONER, BAGALKOT, DIST: BAGALKOT. THE TAHSILDAR, BAGALKOT, DIST: BAGALKOT. MEMBER SECRETARY, TOWN PLANNING AUTHORITY, BAGALKOT. (BY SMT. K. VIDYAVATHI, AGA FOR R1 TO R3. SRI BASAVARAJ INDI FOR SRI. K.L. PATIL, ADV. FOR R4) ... RESPONDENTS W.A. Nos.100403-100406 OF2015-2- THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED1512.2014 PASSED IN W.P.NO.75263/2...
Manjunath Yamanappa Elemmi Vs. The State of Karnataka, Represented By ...
Court: Karnataka Dharwad
Decided on: Mar-16-2016
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notification dated: 04.03.2016 (Annexure-A), issued by the 1st Respondent, in so far as reservation made to the Post of President of City Municipal Councils, Bagalkote in favour of the BCA women concerned and etc.,) 1. The petitioner in this writ petition has sought for quashing the Notification dated 04.03.2016 issued by the 1st respondent insofar as reservation made to the post of President of City Municipal Council, Bagalkote, in favour of BCA-Women category is concerned. 2. In the writ petition, the petitioner has contended that he was elected as a member of the Bagalkote City Municipal Counsel to the 10th ward which was reserved for the BCA category during the election held in the year 2013. He was an aspirant to the post of President of the City Municipal Council, Bagalkote. The State Government following Section 42 (2-A) (a) of the Karnataka Municipalities Act, 1...
Eramma and Others Vs. K. Maremma and Others
Court: Karnataka Dharwad
Decided on: Mar-15-2016
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order passed by the 3rd respondent on I.A. No. Nil/2015 filed by respondents 1 and 2 on 10.09.2015 vide Annexure-G and etc.) 1. The petitioners in this writ petition have sought for quashing the order dated 10.09.2015 passed by the Assistant Commissioner allowing the application filed for Police protection. The main grievance of the petitioners in the writ petition is that the order passed by the Assistant Commissioner is contrary to law, no opportunity was given to the petitioners to substantiate their possession and the order is not a speaking order. 2. Learned counsel for respondent nos.1 and 2 contended that on the appeal filed by the respondent nos.1 and 2 under Section 136(2) of the Land Revenue Act, the Assistant Commissioner initially stayed the order. Inspite of that, the respondent in the appeal before the Assistant Commissioner is trying to interfere with the...
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