Karnataka Dharwad Court June 2016 Judgments
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Subadhramma Vs. Mullangi Narayanamma
Court: Karnataka Dharwad
Decided on: Jun-09-2016
(Prayer: This RSA filed U/Sec. 100 of CPC against the judgment and decree dated 08.07.2013 passed in R.A. No. 79/2012 on the file of the I Addl. Senior Civil Judge at Bellary, dismissing the appeal by confirming the judgment and decree dated 18.09.2012 passed in O.S. No. 226/2011 on the file of the I Addl. Civil Judge Bellary, partly decreeing the suit filed for the declaration and consequential Relief of Permanent Injunction.) 1. The defendant No. 3 in O.S. 226/2011 on the file of the I Addl. Civil Judge, Bellary and the appellant in R.A. 79/2012 on the file of the I Addl. Senior Civil Judge, Bellary, filed this second appeal under S.100 CPC to set aside the Judgments and Decrees passed therein. The suit, which was contested, was decreed in part with costs and the plaintiffs were declared as the joint owners of the suit schedule property and were held entitled to get compensation from defendant No. 2. Assailing the decree passed by the Trial Court, an appeal under S.96 CPC was filed a...
Yalagouda @ Neelagouda, By LRs. and Others Vs. Laxman Rama Pujari
Court: Karnataka Dharwad
Decided on: Jun-09-2016
(Prayer: This RSA is filed U/s. 100 of CPC., against the judgment and decree dtd:18-01-2010 passed in R.A.No.929/2009 on the file of the Fast Track Court I and Addl. Sessions Judge, Belgaum, allowing the appeal, filed against the judgment dtd:02-09-2003 and the decree passed in O.S.No.202/1999 on the file of the Addl. Civil Judge (JR. DN.), Raibag, dismissing the suit filed for permanent and mandatory injunction.) 1. This second appeal under S.100 CPC is by the defendants in O.S. No.202/1999 on the file of the Addl. Civil Judge (Jr. Dn.) Raibag and the respondents in R.A. No.929/2009 on the file of Fast Track Court - I and Addl. Sessions Judge, Belgaum. 2. Suit was instituted to pass decree of permanent and mandatory injunctions against the defendants. Written statement having been filed, the issues were raised. Trial having taken place, considering the rival contentions and after appreciation of the record, the suit was dismissed with compensatory cost by the Trial Court. 3. The unsuc...
smt.subadhramma w/o.late Mullangi Doddalingappa Vs. Mullangi Narayanam ...
Court: Karnataka Dharwad
Decided on: Jun-09-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE9T H DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.5670/2013 BETWEEN SMT.SUBADHRAMMA W/O.LATE MULLANGI DODDALINGAPPA, AGE:68. YEARS, OCC: AGRICULTURIST, R/O. VENIVEERAPURA VILLAGE, TQ & DIST: BELALRY-583 102. (BY SRI.R.M.KULKARNI, & SMT. HEMALEKHA K.S., ADVS.) AND1 MULLANGI NARAYANAMMA W/O. LATE M.DODDABASAPPA, AGE:74. YEARS, OCC: AGRICULTURE, R/O.VENIVEERAPURA VILLAGE, TQ & DIST: BELLARY-583 102. ... APPELLANT :2. :2. MULLANGI SATYANARAYANA S/O.LATE M.DODDABASAPPA, AGE:47. YEARS, OCC: AGRICULTURE, R/O. VENIVEERAPURA VILLAGE, TQ & DIST: BELLARY-583 102.3.4. THE DEPUTY COMMISSIONER, BELLARY - 583 102. THE SPECIAL LAND ACQUISITION, OFFICER/A.C., KIADB LAKKAMMANNA HALI INDUSTRIAL AREA, P.B. ROAD, DHARWAD. PRESENTLY OFFICE AT BELLARY, A.C.OFFICE-583 102. (BY GODE NAGARAJ, ADV. FOR C/R1 & R2) ... RESPONDENTS THIS RSA FILED U/SEC. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED08...
M/s. H. Bhurmal and Brothers and Another Vs. Basavant Dharmappa Pujari ...
Court: Karnataka Dharwad
Decided on: Jun-08-2016
(Prayer: This RSA is filed u/Sec. 100 of CPC, against the Judgment and decree dated 29.10.2005 passed in R.A. No. 26/2003 on the file of the II Addl. District Judge at Belgaum, dismissing the Appeal and confirming the judgment and decree dated 17.03.2003 passed in O.S. NO. 232/1998 on the file of the I Addl. Civil Judge (Sr.Dn) Belgaum.) 1. Defendants in O.S. No. 232/1998 on the file of the I Addl. Senior Civil Judge at Belgaum are the appellants. The respondent had instituted the suit on 23.09.1998 to pass a decree for recovery of Rs. 72,000/- with interest and costs. Written statement was filed and suit was contested. Eight issues were raised for trial. Plaintiff got examined himself as PW-1 and marked 8 documents as Exs. P1 to P8. Defendant No. 2 got himself examined as DW-1 and marked 4 documents as Exs. D1 to D4. The suit was decreed on 17.03.2003 for a sum of Rs. 15,297/- by way of damages for the period from 23.09.1995 till 01.01.1997 i.e., being the loss caused to the plaintiff...
M/S H Bhurmal and Brothers Vs. Basavant Dharmappa Pujari @ Kudachi
Court: Karnataka Dharwad
Decided on: Jun-08-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE8T H DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.149/2006 BETWEEN:1. M/S H. Bhurmal & Brothers A registered partnership firm, By its Partner Hastimal Bhurmal Porwal, Age:56. years, 790, Ravivar Peth, Belgaum-590001 2. Hastimal Bhurmal Porwal Age:56. years, Occ: Business, 790, Ravivar Peth, Belgaum-590001. (By Shri R.M. Kulkarni, Adv.) ..Appellants :2. : AND : Basavant Dharmappa Pujari @ Kudachi, Age:40. Years, Occ: Medical Practitioner R/o. Basti Galli, Basawan Kudachi, Dist: Belgaum - 590001 Respondent (By Shri Ravi S. Balikai, Adv.) ********* THIS RSA IS FILED U/SEC. 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED2910.2005 PASSED IN R.A.NO.26/2003 ON THE FILE OF THE II ADDL. DISTRICT JUDGE AT BELGAUM, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED1703.2003 PASSED IN O.S.No.232/1998 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR.DN) BELGAUM. THIS APPEAL ...
Yellappa Veerappa Maddikar Vs. State of Karnataka and Others
Court: Karnataka Dharwad
Decided on: Jun-07-2016
(Prayer: This Writ Petition is filed Under Article 226 of the Constitution of India praying to set aside the Order dated:17.12.2015, passed by the Hon ble Karnataka Administrative Tribunal, Bengaluru in Application No.1561/2012 at Annexure-A and allow the Application as prayed for.) H.G. Ramesh, J. (Oral): 1. Whether non-filing of charge sheet by police against a government servant, on completion of investigation, precludes holding of a disciplinary inquiry against him on the same allegation of demanding a bribe made against him in the complaint to the police? This is the question that requires to be determined in this writ petition. 2. Correctness of the order dated 17.12.2015 passed by the Karnataka Administrative Tribunal dismissing the petitioner s Application No.1561/2012 is questioned in this writ petition. The said application was filed by the petitioner to set aside the report dated 31.10.2011 submitted by the Upa-Lokayukta to the State Government under Section 12(3) of the Kar...
Ajitkumar M. Panchaksharayya Vs. Sadanand and Others
Court: Karnataka Dharwad
Decided on: Jun-07-2016
(Prayer: This M.F.A. filed under Section 173(1) of M.V. Act, 1988, against the Judgment and award dated 11.08.2011 passed in M.V.C. No. 31/2008 on the file of the Presiding Officer, Fast Track Court, Sirsi, at Sirsi, dismissing the petition filed under Section 166 of M.V. Act.) H.G. Ramesh, J. (Oral): 1. This appeal is directed against the judgment and award dated 11.08.2011 passed by the Fast Track Court, Sirsi ( the Tribunal for short), dismissing the appellant s claim petition in M.V.C. No. 31/2008 as false, fabricated and collusive. The claim was filed for grant of compensation for the injuries suffered by him in a motor vehicle accident alleged to have occurred on 12.09.2007. 2. We have heard learned counsel appearing for the appellant, perused the impugned judgment, the record of the Tribunal and the certificate of insurance of the appellant s own motorcycle bearing registration No. KA-31/J-6999 produced as additional evidence along with I.A. No. 2/2012. I.A. No. 2/2012 is filed ...
Sri. Yellappa Veerappa Maddikar S/O Veerappa Vs. State of Karnataka
Court: Karnataka Dharwad
Decided on: Jun-07-2016
-1- W.P.No.100805/2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE7H DAY OF JUNE2016 PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA W.P.No.100805/2016 (S-KAT) BETWEEN: SRI. YELLAPPA VEERAPPA MADDIKAR, S/O VEERAPPA MADDIKAR, AGED ABOUT58YEARS, COMMERCIAL TAX OFFICER, COMMERCIAL TAX DEPARTMENT, BELAGAVI DIVISION, DIST:BELAGAVI. (BY SRI G K HIREGOUDAR, ADV.) AND : ... PETITIONER1 2.3. STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT (COMMERCIAL TAX-II) VIDHANA SOUDHA, BENGALURU-560001. THE COMMISSIONER, COMMERCIAL TAX DEPARTMENT, GOVERNMENT OF KARNATAKA, GANDHINAGAR, BENGALURU-560009. THE KARNATAK UPA-LOKAYUKTA, REP BY ITS REGISTRAR, DR.AMBEDKAR VEEDHI, BENGALURU-560001.-.2- W.P.No.100805/2016 4. THE ADDITIONAL REGISTRAR OF ENQUIRIES-8, THE KARNATAKA LOKAYUKTA, DR.AMBEDKAR VEEDHI, BENGALURU-560001. (BY SMT. K. VIDYAVATHI, AGA FOR R1 & R2; SMT. NIRMALA S. SUTTAGATTIMATH, ADV. FOR R-3 & R-4) ... RESPONDENTS THIS WRIT PE...
Ajitkumar M. Panchaksharayya Vs. Sadanand S/O. Seetaram Hegde
Court: Karnataka Dharwad
Decided on: Jun-07-2016
-1- M.F.A.No.21070/2012 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE7H DAY OF JUNE2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA M.F.A.No.21070/2012 (MV) BETWEEN : AJITKUMAR M. PANCHAKSHARAYYA, AGE:54. YEARS, OCC: NIL, R/O. VINAYAK COLONY, SIRSI, DIST: UTTAR KANNADA. (BY SRI SHRIHARSH A.NEELOPANT, ADVOCATE) ... APPELLANT AND :1. 2.3. SADANAND S/O. SEETARAM HEGDE, AGE: MAJOR, OCC: OWNER OF MOTOR CYCLE BEARING REG. NO.KA-31/K-9958, R/O. ARSIKERE, POST: BARUR, TQ: SIRSI, DIST: UTTAR KANNADA THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, S.S. COMPLEX, 1ST FLOOR, (CHURCH/OPP MULA RANGAPPA PETROL BUNK) B.A. ROAD, SHIMOGA. RAJSHEKAR S/O. MURUGEPPA, AGE: MAJOR, OCC: RIDER OF MOTOR CYCLE BEARING REG. NO.KA-31/K-9958 (RESPONDENTS SERVED) ... RESPONDENTS -2- M.F.A.No.21070/2012 THIS M.F.A. FILED UNDER SECTION1731) OF M.V. ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED1108.2011 PASSED IN M.V.C.NO.31/2008 ON THE FILE OF THE PRESIDING OFFICER, ...
State of Karnataka, Department of Transport, M.S. Building, Bengaluru, ...
Court: Karnataka Dharwad
Decided on: Jun-06-2016
(Prayer: These Appeals are filed under Section 4 of the Karnataka High Court Act, 1961, praying to call for the records, set aside the impugned order dated 12.12.2014 passed by the learned Single Judge in W.P. Nos. 106507-106509/2014.) H.G. Ramesh, J. (Oral): 1. These appeals by the State are directed against the order dated December 12, 2014 passed by a learned single Judge of this Court in W.P. Nos. 106507-106509/2014. By the impugned order, the learned single Judge has held that the Regional Transport Authority s decision dated 13.09.2013 prohibiting grant of contract carriage permits in Gadag district to all newly registered three wheelers having a rear overhang exceeding 450 mm is illegal as the power to impose such a prohibition cannot be traced to any provision of law. 2. We asked the Additional Government Advocate appearing for the appellants to trace the power of Regional Transport Authority to impose the aforesaid prohibition to any provision of law. The AGA referred to claus...
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