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Karnataka Dharwad Court June 2016 Judgments

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Jun 17 2016

Manohar Mallappa Sooranagi Vs. The Secretary, Department of Health and ...

Court: Karnataka Dharwad

Decided on: Jun-17-2016

(Prayer: This WP is filed under Articles 226 and 227 of the Constitution of India praying to quash the enquiry proceedings pending against the petitioner in Enquiry Case No. mujaaa/jako/8/08-09 on the file of respondent No. 3 dated 15.06.2010 as per Annexure-H by issue of writ in the Nature of Certiorari or any other writ or directions as the case may be and restrain respondent No. 3 from proceeding to hold enquiry pursuant to the Order of Respondent No. 2 dated 08.11.2005 in No. DPG(1)/A/20/05-06, against the petitioner.) H.G. Ramesh, J. (Oral): 1. In this writ petition, the petitioner is challenging the official communication dated 15.06.2010 (Annexure-H) issued to him by respondent No.3 Chief Vigilance Officer (Vigilance Cell), Health and Family Welfare Directorate, Bangalore, in response to the petitioner s letter dated 10.06.2010. The aforesaid impugned communication states that the departmental inquiry initiated against the petitioner will continue as per the articles of charge a...


Jun 17 2016

Manohar Mallappa Sooranagi Vs. The Secretary

Court: Karnataka Dharwad

Decided on: Jun-17-2016

-1- WP NO.64674 OF2010. IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE17h DAY OF JUNE2016 BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH W.P.NO.64674 OF2010(S-DE) BETWEEN MANOHAR MALLAPPA SOORANAGI, S/O MALLAPPA, AGED ABOUT60YEARS, RTD. MEDICAL OFFICER, R/O: ANNAPOORNA NIVASA, 13TH CROSS, NIRMALA NAGAR, DHARWAD. (BY SRI V.S.KALASURMATH, ADVOCATE) ...PETITIONER AND1 2.3. THE SECRETARY DEPT., OF HEALTH AND FAMILY WELFARE, GOVT., OF KARNATAKA, VIKASA SOUDHA, BANGALORE. THE COMMISSIONER DEPT., OF HEALTH & FAMILY WELFARE, GOVT., OF KARNATAKA, ANAND RAO CIRCLE, BANGALORE - 560 009 THE CHIEF VIGILANCE OFFICER, (VIGILANCE CELL) OFFICE OF THE HEALTH & FAMILY WELFARE DIRECTORATE, ANAND RAO CIRCLE, BANGALORE - 560 009 (BY SMT. K.VIDYAVATHI, ADDL. GOVT. ADVOCATE FOR R1-R3 ) ... RESPONDENTS -2- WP NO.64674 OF2010. THIS WP IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENQUIRY PROCEEDINGS PENDING AGAINST THE PETITIONER IN ENQUIRY CASE NO.mujaaa/jako/8/08-09 ...


Jun 16 2016

The Divisional Controller, NWKRTC, Belgaum represented by its Managing ...

Court: Karnataka Dharwad

Decided on: Jun-16-2016

(Prayer: This MFA filed under section-173 (1) of the Motor Vehicle Act, against the judgment and award dated 29.12.2009 passed in MVC. No. 1216/2008 on the file of the Member, MACT, Belgaum, awarding the compensation of Rs. 3,56,676/- with interest at the rate of 6% per annum from the date of petition and shall deposit the amount within 30 days from the date of award.) 1. Though the appeal is listed for admission, with consent of learned counsel on both sides, the same is heard for final disposal. This appeal is by the insurer, challenging the Judgment and Award dated 29.12.2009 passed in MVC. No. 1216/2008 on the file of the Member, MACT, Belgaum, passed in a claim petition filed U/S. 163-A of the M.V. Act. 2. Briefly stated, the claim petition was filed by the mother of the deceased Raghavendra, contending that on 13.02.2008 at about 12-40 p.m., the deceased was riding his motorcycle bearing No. CTS. 9498 on Hilkal dam Hatageri road near Sultanpur cross with his mother-claimant herei...


Jun 16 2016

The Divisional Controller Vs. Gangavva W/O: Chandrakant Talawar

Court: Karnataka Dharwad

Decided on: Jun-16-2016

IN THE HIGH COURT OF KARNATAKA R DHARWAD BENCH DATED THIS THE16h DAY OF JUNE, 2016 BEFORE THE HONBLE MRS. JUSTICE RATHNAKALA M.F.A. No.22286/2010 (MV) BETWEEN: The Divisional Contoller, NWKRTC., Belgaum, Rep. By its Managing Director, NWKRTC. Central Office, Gokul Road Hubli. Appellant (By Smt. Shashikala L. Desai, Advocate) AND: Gangavva, W/o. Chandrakant Talawar, Age:46. years, Occ: Vegetable and Mile Vendor, R/o. Hullur, Taluk: Hukkeri, District: Belgaum. ( By Sri. Sanjay S. Katageri, Advocate) Respondent 2 MFA. No.22286/2010 (MV) This MFA filed under section-173 (1) of the Motor Vehicle Act, against the judgment and award dated 29.12.2009 passed in MVC. No.1216/2008 on the file of the Member, MACT, Belgaum, awarding the compensation of Rs.3,56,676/- with interest at the rate of 6% per annum from the date of petition and shall deposit the amount within 30 days from the date of award. This MFA coming on for admission, this day, the Court delivered the following: JUDGMENT Though the...


Jun 15 2016

Pushpa Vs. The State of Karnataka and Others

Court: Karnataka Dharwad

Decided on: Jun-15-2016

(Prayer: This Criminal Revision Petition is filed under Section 397 R/w Sec.401 of Cr.P.C. praying to call for records in Criminal Appeal No.162/2014 on the file of Prl. District and Sessions Judge, Belgaum and set aside the order dated 17.03.2015 made in Criminal Appeal No.162/2014 passed by the District and Sessions Judge, Belgaum as the same being not sustainable in law.) 1. The petitioner had filed Crl.Misc.No.20/2012 by invoking the provisions of PWDV Act, 2005 (for short, the Act ). The JMFC II at Belgaum, allowed the petition in part and directed the respondent No.2 herein i.e., husband of the petitioner to pay maintenance of Rs.6,000/- p.m. and Rs.25,000/- as compensation and damages to the petitioner. The reliefs sought against the other respondents was rejected. 2. Feeling aggrieved, the petitioner filed an appeal under S.29 of the Act. There being delay of 78 days, I.A.1 was filed under S.5 of the Limitation Act for condonation of the delay in filing the appeal. Statement of...


Jun 15 2016

Pushpa W/O Yeshwant Patil, Vs. The State of Karnataka,

Court: Karnataka Dharwad

Decided on: Jun-15-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE15T H DAY OF JUNE, 2016 R BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL REVISION PETITION NO.100100/2015 BETW EEN: SMT. PUSHPA W /O. YESHW ANT PATIL, AGE ABO UT22YEARS, OCC:HOUSEHOLD, R/O. C/O. RAMACHANDRA HUVAPPA KUGAJI, NANDIHAL LI VILL AGE, TQ & DIST: BELAGAVI (BY SRI RAMACHANDRA A. MALI, ADV.) .PETITIONER AND:1. THE STATE OF KARNATAKA, REP. BY HIGH COURT SPP, HIGH COURT OF KARNATAKA DHARW AD BENCH, DHARW AD.2. SRI. YESHW ANT S/O. TUKARAM PATIL, AGE:30. YEARS, OCC: DEFENCE SERVICE R/O. KUNDAL VILL AGE, TQ:KHANAPUR, DIST:BEL AGAVI.3. SRI.TUKARAM S/O. YESHW ANT PATIL, AGE:61 YEARS, OCC: AGRICULTURE, R/O. KUNDAL VILL AGE, TQ:KHANAPUR, DIST:BEL AGAVI.4. SMT. JIJABAI S/O. YESHW ANT PATIL, AGE:56. YEARS, OCC: HOUSEHOL D, R/O. KUNDAL VILL AGE, TQ:KHANAPUR, DIST:BELGAVI. (BY SRI RAJ A RAGHAVENDRA NAI K, HCGP FO R R1; SRI. H.M. DHARIGOND, ADV. FOR R2 TO R4) .RESPONDENTS :2. : THIS CRIMINAL R EVISION PETITION IS FI ...


Jun 14 2016

The New India Assurance Company Limited Vs. Maruti and Another

Court: Karnataka Dharwad

Decided on: Jun-14-2016

(Prayer: This MFA is filed u/Sec. 30(1) of the Workmen's Compensation Act, 1923 against the Judgment and Order dated 19.01.2011 passed in KAPAKA/SR-42/2010 on the file of the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-I, Belgaum, awarding compensation of Rs.1,69,394-00 with interest at the rate of 7.5% p.a. from 15.04.2010 till 19.01.2011 and with interest at the rate of 12% p.a. from 19.01.2011 till its deposit.) 1. This appeal is listed for admission and at the request of the learned counsel appearing on behalf of the parties, it is taken up for final disposal. 2. The parties are referred to by their nomenclature before the Commissioner for Workmen's Compensation. 3. The brief facts of the case are that the claimant has made a claim for compensation in respect of a calamity that occurred way back in 2009. The claimant, who is the 1st respondent herein has preferred a petition under Section 22 of the Workmen's Compensation Act [henceforth referred to as "...


Jun 10 2016

Virupakshappa Vs. Sharanappa and Others

Court: Karnataka Dharwad

Decided on: Jun-10-2016

(Prayer: This RSA is filed u/s.100 of CPC to set aside the judgment and decree dated 06.11.2009 passed in R.A. No.145/2002 by the Civil Judge (SR.DN.) and CJM, Gadag and set aside the judgment and decree dated 03.10.2002 passed in O.S. No.65/2000 by the III Addl. Civil Judge (JR. DN.), Gadag.) 1. The appellant filed O.S. No.65/2000 in the Court of III Addl. Civil Judge (Jr. Dn.) at Gadag to pass a decree of declaration and injunction by adverse possession against the respondents. The defendants filed written statement and contested the suit. The Trial Judge raised six issues. Plaintiff got examined himself as PW-1 and examined two witnesses as PWs 2 and 3 and marked 17 documents as Exs.P1 to P17. Defendant No.1 got himself examined as DW-1 and two witnesses were examined as DWs 2 and 3 and a document was marked as Ex.D1. The Trial Judge on appreciation of the evidence brought on record, answered issue No.1 i.e., the plaintiff having proved that the deceased Rudrappa executed agreement ...


Jun 10 2016

Virupakshappa S/O Fakirappa Vs. Sharanappa S/O Ningappa Angadi

Court: Karnataka Dharwad

Decided on: Jun-10-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10T H DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.5181/2010 ... APPELLANT BETWEEN: VIRUPAKSHAPPA S/O FAKIRAPPA ADIYAVAR, AGE:58. YEARS, OCC: AGRICULTURE R/O HOSUR TQ: DIST: GADAG-584231 (BY SRI HANUMANTHAREDDY SAHUKAR, ADV.) AND:1. 2. SHARANAPPA S/O NINGAPPA ANGADI, AGE:55. YEARS, OCC: AGRICULTURE R/O GADAG-584231. SRI. MALLAPPA S/O NINGAPPA ANGADI AGE:53. YEARS, OCC: AGRICULTURE R/O GADAG, TQ : DIST: GADAG-584231 :2. :3. SRI. ULAVAPPA S/O NINGAPPA ANGADI AGE:51. YEARS, OCC: AGRICULTURE R/O GADAG, TQ : DIST: GADAG-584231 4. SRI FAKIRAPPA S/O TIPPANNA ANGADI SINCE DECEASED, BY LRS:4. . FAKIRAPPA @ MUTHAPPA S/O. LATE FAKKIRAPPA ANGADI, (DEAD) 4B. SRI. ISWARA S/O. LATE FAKKIRAPPA ANGADI, AGE:43. YEARS, OCC:AGRICULTURE, R/O. YARIBUDIHAL, TQ:KUNDGOL, DIST:DHARWAD. 4C. SMT. NEELAVVA W/O. SINAPPA BANKAKPUR AGE:40. YEARS, OCC:AGRICULTURE, R/O. SORATUR, TQ& DIST: GADAG. 4D. SMT. AN...


Jun 09 2016

Annappa Vs. Laxmi Devi Devar Temple and Nulichandayya Devasthan Commit ...

Court: Karnataka Dharwad

Decided on: Jun-09-2016

(Prayer: This RSA is filed U/Sec.100 of CPC., 1908, against the judgement and decree dtd:19-06-2010 passed in R.A.No.21/2007 on the file of the Presiding Officer, Fast Track Court, Jamkhandi, dismissing the appeal by confirming the judgment and decree dtd:26-02-2007 passed in O.S.No.13/1998 on the file of the Civil Judge (JR.DN) Banahatti, and etc.) 1. Appellant was the plaintiff and the respondents were the defendants in O.S.No.13/1988 on the file of the Civil Judge (Jr.Dn), Banahatti. The suit was filed to pass a decree of declaration of title and permanent injunction against the defendants in respect of the suit schedule property bearing Municipal No.2524 (Old No.2024), shown as 'ABCD' portion in the suit map and situated at Terdal village, Jamakhandi taluk, Bagalkot District. The case of the plaintiff is that his ancestors were owners of the suit land and that he is in possession and enjoyment of the same and the vendors of defendants 1 to 6 denied his right, title and interest and...


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