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Karnataka Dharwad Court April 2016 Judgments

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Apr 29 2016

The Karnataka State Industrial and Infrastructure Development Corporat ...

Court: Karnataka Dharwad

Decided on: Apr-29-2016

(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set-aside the order dated 22nd April, 2014, passed by the learned Single Judge in Writ Petition No.41433/2010 (GM-RES), and further to reject the said writ petition.) G. Narendar, J. I.A.No.3/2014 filed for dispensation and I.A.Nos.1 and 2/2016 filed to produce certain documents in W.A.No.100780/2014 are allowed. I.A.No.2/2014 filed for dispensation in W.A.No.100802/2014 is allowed. 2. These appeals arise out of the common order rendered in W.P.No.41433/2010. In these intra-court appeals, the appellants are respondent Nos.1, 2 and 3 respectively in the writ petition. The writ petition was preferred by respondent No.1 herein praying for the following reliefs: i) The order dated 30.11.2010 passed by the respondent No.1 in No.MD/KSSIDC/2010-11/2056 vide Annexure-G. ii) Direct the respondent No.1 and 2 revive the One Time Settlement offer made on 06.09.2006 to the Petitioner Company and set...


Apr 29 2016

Shanta W/O Parappa Venkatapur Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Apr-29-2016

-1- W.A.Nos.100441-100456/2015 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE29h DAY OF APRIL, 2016 R PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE P.S.DINESH KUMAR W.As.No.100441-456/2015 (LA-KIADB) BETWEEN:1. 2. 3.4. 5.6.7. SMT.SHANTA W/O PARAPPA VENKATAPUR AGED ABOUT60YEARS, OCC: HOUSE WIFE R/O NARENDRA, TQ. & DIST. DHARWAD-05 SRI SURESH S/O MALLESHAPPA MARITAMMANAVAR AGED ABOUT40YEARS, OCC: AGRICULTURE R/O MUMMIGATTI, TQ. & DIST. DHARWAD-11 SRI NINGAPPA S/O MALLAPPA OMANNAVAR AGED ABOUT48YEARS, OCC:AGRICULTURE R/O MUMMIGATTI, TQ. & DIST. DHARWAD-11 SMT.BANDAVVA D/O MALLAPPA OMANNAVAR AGED ABOUT50YEARS, OCC:AGRICULTURE R/O MUMMIGATTI, TQ. & DIST. DHARWAD-11 SRI MAHAVEER S/O MALLAPPA OMANNAVAR AGED ABOUT45YEARS, OCC: AGRICULTURE R/O MUMMIGATTI, TQ. & DIST. DHARWAD-11 DADASAHEB S/O NANASAHEB DESAI AGED ABOUT45YEARS, OCC: AGRICULTURE R/O NARENDRA, TQ. & DIST. DHARWAD-05 SRI KALLAPPA S/O PAKKRAPPA GALI AGED ABOUT40YEARS, OCC: AGRICULTURE R/O MUMMIGATT...


Apr 29 2016

The Karnataka Vs. Rayaji Hospitals &

Court: Karnataka Dharwad

Decided on: Apr-29-2016

W.A. No.100780/2014 C/W W.A. No.100802/2014 -1- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE29H DAY OF APRIL2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MR. JUSTICE G.NARENDAR W.A. No.100780/2014 C/W W.A. No.100802/2014 (GM-RES) IN W.A. NO.100780/2014: BETWEEN1 2. THE KARNATAKA STATE INDUNSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, HEAD OFFICE: KHANIJA BHAVAN, NO.49, 4TH FLOOR, EAST WING, RACE COURSE ROAD, BANGALORE56000, (REP. BY ITS CHAIRMAN & MANAGING DIRECTOR) THE KARNATAKA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, ENKAY COMPLEX, HUBLI, (REP. BY ITS ASSISTANT GENERAL MANAGER) (BY SRI. VEERESH R BUDIHAL, ADV.) ... APPELLANTS AND1 RAYAJI HOSPITALS & RESEARCH INSTITUTE PVT. LTD., NO.96/A, HOSUR HOBLI, KARNATAKA58002 W.A. No.100780/2014 C/W W.A. No.100802/2014 -2- (REP. BY ITS DIRECTOR DR. G.R.RAYAJI) 2.3. INDORIA STEEL CORPORATION, NO.17, HOUSE OF LORD, ST. MARKS ROAD, BANGALORE, (REP. BY ITS PROPRIETOR, SRI Y.V.CH...


Apr 28 2016

Shivappa and Others Vs. The State of Karnataka, rep. by it Secretary a ...

Court: Karnataka Dharwad

Decided on: Apr-28-2016

(Prayers: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned 4(1) notification dated 29.12.2012 and 6(1) notification dated 17.03.2014 respectively issued by the respondent no.2 and 3 in so far as petitioner s land is concerned (Annexures-C and D). This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned 4(1) notification dated 16.02.2012 and 6(1) notification dated 27.06.2013 respectively issued by the respondent no.2 and 3 in so far as petitioner s land is concerned (Annexures-E and F). These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned 4(1) notification dated 29.12.2012 and 6(1) notification dated 17.03.2014 respectively issued by the respondent no.2 and 3 in so far as petitioner s land is concerned (Annexures-D and E). This Writ Petition is filed under Articles 226 and 227 of the Constitution of Ind...


Apr 28 2016

Shivappa S/O Shankrappa Vadagalla Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Apr-28-2016

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE28h DAY OF APRIL, 2016 B E F O R E THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.100395/2016 (LA-RES) C/W WRIT PETITION Nos. 100396/2016, 100398-100399/2016, 100400/2016,100401-100402/2016,100403/2016, 100404/2016,100405/2016, 100408/2016, 100409/2016, 100397/2016, 107653/2015 & 108183/2015, 107663/2015 & 108184-108185/2015, 107662/2015, 107652/2015 & 108071/2015, 109068/2015 & 109497-499/2015, 109069/2015, 109066/2015 & 109507-509/2015, 109067/2015, 109088/2015 (LA-RES) IN WP.No.100395/2016 BETWEEN: Shivappa, S/o Shankrappa Vadagalla, Age:40. years, Occ: Agriculture, R/o Kallihal, Tq & Dist: Haveri. (By Sri. S.M. Kalwad, Advocate) AND:1. The State of Karnataka, Department of Revenue, M.S. Building, Bengaluru, Rep. by its Secretary, 2. The Deputy Commissioner, Haveri, ... PETITIONER3 4.5. 2 The Special Land Acquisition Officer, Upper Tunga Project, Ranebennur. Tq: Ranebennur, Dist: Haveri. The Chief Administrative O...


Apr 26 2016

Karnataka Industrial Areas Development Board Vs. M/S Navodaya Industri ...

Court: Karnataka Dharwad

Decided on: Apr-26-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE26h DAY OF APRIL2016PRESENT THE HONBLE MR.JUSTICE H.BILLAPPA AND R THE HONBLE MR.JUSTICE P.S.DINESH KUMAR R.F.A.NO.4166/2013 (DEC/INJ) BETWEEN1 2.3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD A GOVERNMENT OF KARNATAKA UNDERTAKING BY ITS EX-OFFICIO CHAIRMAN, VIKAS SOUDHA, Dr. AMBEDKAR VEEDHI, BANGALORE-560 001 THE CHIEF EXECUTIVE OFFICER AND CHIEF EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD143, 2ND FLOOR, RASHTROTTHANA PARISHATH BUILDINGS, NRUPATHUNGA ROAD, BANGALORE-560 002 THE DEVELOPMENT OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, ZONAL OFFICE, LAKKAMANHALLY INDUSTRIAL AREA, DHARWAD-580 004 ... APPELLANTS (BY SMT. SHARMILA M. PATIL & SRI BASAVARAJ V. SABARAD, ADVS.,) :2. : AND1 M/S NAVODAYA INDUSTRIAL AND HOUSING DEVELOPERS A PARTNERSHIP FIRM, STALL NO.2, STATION ROAD, DHARWAD-580 001 R/BY ITS PARTNER C.B.YALIGAR2 CHANNABASAPPA S/O BASAVANNEPPA YALIGAR AGED76YEARS, OCC: BUSINESS, R/O.NO.34,...


Apr 23 2016

Moulali Vs. The Principal Secretary, Department of Education, Bengalur ...

Court: Karnataka Dharwad

Decided on: Apr-23-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned letter/endorsement Kashif/Prakadha/101 Anukampa/GES/3/13-14 8087 as per Annexure-E dated 13/01/2014 issued by respondent No.3 and to give direction to the respondents to make an appointment of the petitioner on compassionate grounds as a peon in the Institution of the respondents No.4 and 5.) 1. Petitioner is the son of one Mehaboobsab Buddesab Tonnikeri. The said Mehaboobsab was working as a peon in Sri Kumareshwar Arts and Commerce College, Hanagal, which is an aided institution. He died while in service on 31.12.2012 leaving behind his wife and children. Petitioner gave an application on 31.01.2013 to the respondent-institution requesting to give him appointment on compassionate ground. The management appears to have taken a decision in the meeting held on 21.08.2013 to appoint petitioner on compassionate ground and recommended the same to the respondent author...


Apr 22 2016

Veerappa and Another Vs. The District Registration Authority and Distr ...

Court: Karnataka Dharwad

Decided on: Apr-22-2016

(Prayer: These WPS are filed under Articles 226 and 227 of the Constitution of India praying to set aside the impugned order dated 19.09.2011 passed by respondent No. 1 as per Annexure-A etc.) Oral: 1. In these writ petitions, the petitioners are challenging the order dated 19 09.2011 (Annexure-A) and the notice dated 04.10.2011 (Annexure-B), whereby, the petitioners are held to be not qualified to practise medicine, and hence, their medical clinics are ordered to be closed. 2. I have heard learned counsel for the parties and perused the record. It is stated that the petitioners are qualified to practise Electro Homeopathy system of medicine, and in support thereof, learned counsel for the petitioners referred to the two certificates, both dated 12.05.2004 at Annexures-C and D, issued to the petitioners by the Directorate of Indian Systems of Medicine and Homeopathy, Bangalore, two other certificates at Annexures-E and F, a letter dated 14.02.2011 of the Deputy Secretary, Government of...


Apr 22 2016

Surekha Deepak Shintre Vs. State of Karnataka, Bengaluru and Others

Court: Karnataka Dharwad

Decided on: Apr-22-2016

(Prayer: This W.P.(H.C.) is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of the Habeas-corpus directing the Respondents No.1 to 4 to take steps to produce DeepalShivajiShintre, Husband of Petitioner before this Hon ble court and thereafter he be set at liberty by setting aside the detention order dated 04.02.2016 bearing No.DC/POL/G-ACT/CR/03/2015-2016 by deputy Commissioner and District Magistrate Belagavi.) H.G. Ramesh, J. (Oral): 1. In this writ petition, the petitioner, who is the wife of the detenu by name Deepak ShivajiShintre (aged 44 years), is challenging the following three order of detention: (i) order dated 04.02.2016 (Annexure-A) passed by the Deputy Commissioner and District Magistrate, Belagavi, in exercise of the power under Section 3(1) and 3(2) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates A...


Apr 22 2016

S.C. Nekar Vs. The State of Karnataka, Department of Health and Family ...

Court: Karnataka Dharwad

Decided on: Apr-22-2016

(Prayer: This WP filed under Articles 226 and 227 of the Constitution of India praying to declare the proviso to Section 3 of the Karnataka Private Medical Establishment Act of 2007, vide Annexure-A as unconstitutional and quash the order dated 19.09.2011 passed by the second respondent vide Annexure-B.) Oral: 1. In this writ petition, the petitioner is challenging the notice dated 19.9.2011 (Annexure-B) issued by respondent No.3 wherein the petitioner has been held to be not qualified to practice medicine, and hence, he is directed to close his medical clinic. 2. The petitioner has also challenged the constitutional validity of the proviso to Section 3 of the Karnataka Private Medical Establishments Act, 2007. 3. This writ petition is almost similar to W.P.Nos.67132- 67133/2011 which is dismissed today by this Court. 4. Learned counsel appearing for the petitioner submitted that the proviso to Section 3 of the Karnataka Private Medical Establishments Act is unconstitutional as it is c...


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