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Karnataka Dharwad Court July 2016 Judgments

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Jul 21 2016

Yogesh Desai and Others Vs. The State of Karnataka by Its Sub-Inspecto ...

Court: Karnataka Dharwad

Decided on: Jul-21-2016

(Prayer: This Criminal Petition is filed under S.482 of Cr.P.C. praying to quash the FIR and complaint, charge sheet vide Annexures B and C and also further proceedings in C.C.No.57/2015 pending before the Prl. Civil Judge and JMFC, Gangavathi Taluk, Koppal District.) 1. The petitioners, arraigned as the accused in C.C. No.57/2015, on the file of JMFC, Gangavati Taluk, Koppal District, filed this petition to quash the FIR, charge-sheet and entire proceedings of C.C.No.57/2015, on the file of JMFC, Gangavati. 2. A complaint dated 08.08.2014 having been filed by the respondent No.2, Smt. Anjail @ Geetanjali, wife of petitioner No.1, Gangavati Rural Police registered case in Crime No.222/2014 for the offences under Ss.498A, 506 read with S.34 of IPC against the petitioners and others and submitted FIR to the learned JMFC, Gangavati Taluk. After conducting the investigation, charge-sheet having been presented before the JMFC, Gangavati Taluk, against the petitioners, alleging commission of...


Jul 21 2016

Yogesh Desai S/O Manohar Desai Vs. The State of Karnataka By

Court: Karnataka Dharwad

Decided on: Jul-21-2016

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE21S T DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.100842/2015 BETWEEN:1. 2. Yogesh Desai S/o. Manohar Desai, Age:31. years, Occ: Advocate, R/o. Here-Jantkal, Gangavathi, District: Koppal, Now R/o. Hayath building, Trivine Road, Yeshwantpur, Bangalore 560 007. Raghavendra Desai, S/o. Manohar Desai, Age:33. years, Occ: Private Company, R/o. Here-Jantkal, Gangavathi, District: Koppal, Now R/o. Basaveshwar Nagar, Bangalore.3. Vinayak Desai, S/o. Manohar Desai, 2 Age 27 years, Occ: Agriculture, R/o. near Papathi temple, Here-Janthkal, Gangavati, District: Koppal 583 227.4. Smt. Banashankri bai @ Smt. Geeta, W/o. Manohar Desai, Age 62 years, Occ: Housewife, R/o. near Papathi Temple, Here-Janthkal, Gangavati, District: Koppal 583 227. (By Sri Ganapati M. Bhat, Adv.) ... PETITIONERS AND:1. The State of Karnataka by Its Sub-Inspector of Police, Gangavathi Rural P.S., Gangavathi, Represe...


Jul 20 2016

Shilpa Vs. S.R. Praveen

Court: Karnataka Dharwad

Decided on: Jul-20-2016

(Prayer: This appeal is filed under Section 19(1) of the Family Courts Act, 1984, against the judgment and decree dt.30.10.2014 passed in Matrimonial Case No.221/2013 on the file of the Principal Judge, Family Court, at Bellary, allowing the petition filed under Section 13 of the Hindu Marriage Act.) 1. The appellant/wife is aggrieved by the decree of divorce granted by the Principal Judge, Family Court, Bellary (for short 'the Family Court') on his file in Matrimonial Case No.221/2013 dated 30.10.2014 thereby dissolving her marriage with the respondent/husband. 2. Succinctly stated, the husband filed a petition for divorce before the Family Court under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act'), alleging that the parties were married as per their customs on 1.12.2011 at Bellary. At the relevant point of time, he was working as Software Engineer at Bangalore and wife had M.C.A. graduation. Marriage was consummated and wife joined him at his parents' house at Bella...


Jul 20 2016

Shilpa W/O Praveen S R D/O D M Shivakumar Sharma Vs. Praveen S R S/O S ...

Court: Karnataka Dharwad

Decided on: Jul-20-2016

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE20H DAY OF JULY2016PRESENT THE HONBLE MR.JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA MISC.FIRST APPEAL NO.103381/2014 (FC) BETWEEN: Smt.Shilpa W/o Praveen S.R. D/o D.M.Shivakumar Sharma 27 years, Presently at Door No.253 Ward No.1, N.S.Murthy Compound, Sandur Bellary District. (By Ms.V.Vidya Iyer, Adv.) AND: Praveen S.R. S/o S.P.Rameshwaraiah 32 years Software Engineer R/a Door No.505/A20h Ward, Moka Road Gandhinagar Bellary. (By Sri.S.S.Yadrami, Adv.) .. APPELLANT .. RESPONDENT2This appeal is filed under Section 19(1) of the Family judgment and decree Courts Act, 1984, against the dt.30.10.2014 passed in Matrimonial Case No.221/2013 on the file of the Principal Judge, Family Court, at Bellary, allowing the petition filed under Section 13 of the Hindu Marriage Act. This appeal having been heard and reserved for judgment on 12.7.2016 and coming on for Pronouncement of judgment this day, Rathnakala J., delivered...


Jul 19 2016

Shakuntala and Others Vs. Basavaraj and Others

Court: Karnataka Dharwad

Decided on: Jul-19-2016

(Prayer: This RFA filed under Section 96 OF C.P.C., against the judgment and decree dated 06.08.2012 passed in O.S.No.119/2008 on the file of the First Addl. Senior Civil Judge, Hubli, dismissing the suit filed for partition and separate possession.) H.G. Ramesh, J. (Oral): 1. This first appeal is by the plaintiffs and is directed against the judgment and decree dated 06.08.2012 passed by the Court of First Additional Senior Civil Judge, Hubli, dismissing their suit in O.S.No.119/2008 filed for partition of suit properties and for a declaration that the sale deed dated September 9, 2005 executed by their father (Defendant No.1) in favour of defendant No.4 in respect of the suit land measuring 3 acres 38 guntas was not binding on them. The only other suit property is a house property. The plaintiffs claimed 3/6th share in the suit properties stating that the suit properties were ancestral properties. 2. We have heard learned counsel appearing for the appellants, perused the impugned jud...


Jul 19 2016

Shakuntala W/O. Mallikarjuna Balikai Vs. Basavaraj S/O. Basavanneppa S ...

Court: Karnataka Dharwad

Decided on: Jul-19-2016

-1- R.F.A. No.4212/2013 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE19H DAY OF JULY2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA R BETWEEN: R.F.A. No.4212/2013 1.2.3. SMT.SHAKUNTALA W/O. MALLIKARJUNA BALIKAI AGED ABOUT38YEARS OCC: HOUSEHOLD WORK R/O. SAHADEVA NAGAR HUBLI - 580 001 SMT.MANJULA W/O. MALLIKARJUNA BALIGAR AGED ABOUT32YEARS OCC: HOUSEHOLD WORK R/O. SHIVAJI NAGAR H NO5, OPP. MCL, HUBLI - 580 001 SMT.RAJESHWARI W/O. SURESH UPPIN AGED ABOUT30YEARS OCC: HOUSEHOLD WORK R/O. ANCHATAGERI TALUK HUBLI, HUBLI - 580 001 ... APPELLANTS (BY SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE) AND:1. BASAVARAJ S/O. BASAVANNEPPA SIRIGERI AGED ABOUT63YEARS -2- R.F.A. No.4212/2013 2.3. 4. OCC: PRIVATE SERVICE R/O. KRISHNAPUR ONI OLD HUBLI, HUBLI - 580 001 PARAWWA, W/O. BASAVARAJ SIRIGERI AGED ABOUT59YEARS OCC: HOUSEHOLD WORK R/O. KRISHNAPUR ONI OLD HUBLI, HUBLI - 580 001 SHRI BASAVANNEPPA S/O. BASAVARAJ SIRIGERI AGED ABOUT27YEARS OCC: STUDENT, R/O...


Jul 18 2016

Tulasi Motayya Vs. The Management of NWKRTC, Hubli

Court: Karnataka Dharwad

Decided on: Jul-18-2016

A.S. Bopanna, J. 1. The petitioner is before this Court assailing the award dated 19th May 2010 passed in Reference No. 4 of 2010 impugned at Annexure A to the petition. 2. The petitioner was working as a trainee driver in the respondent-Corporation. In respect of the charge of rash and negligent driving and causing the accident whereupon the death of two persons was caused by the petitioner, an enquiry was held and the petitioner was dismissed from service with effect from 13th March 2004. The petitioner raised a dispute, which was referred to the Presiding, Officer, Labour Court, Hubballi, in Reference No. 4 of 2010. The Labour Court by its award dated 19th May 2010 has rejected the Reference. The petitioner claiming to be aggrieved by the same is before this Court. 3. Learned counsel for the petitioner while assailing the award would contend that in the criminal proceedings initiated against the petitioner with regard, to the very same accident, he has been acquitted by the Criminal...


Jul 15 2016

Suma Vs. Radhakrishna Kekkunayya

Court: Karnataka Dharwad

Decided on: Jul-15-2016

(Prayer: This CP is filed under Section 24 of CPC praying to transfer M.C.No.43/2014 pending on the file of the Senior Civil Judge Court Karkala District Mangalore to the family court at Gadag.) 1. The petitioner is before this Court seeking that the case in M.C.No.43/2014 pending on the file of Senior Civil Judge, Karkala, Mangalore District be transferred to the Family Court at Gadag. 2. The petitioner is the wife of the respondent. Due to certain differences in their married life, they have been litigating with each other. The respondent has initiated a petition in M.C.No.43/2014 under Section 13(1)(ia) and (ib) of the Hindu Marriage Act seeking dissolution of their marriage. The petitioner contending that she would not be in a position to appear and defend the petition before the Court at Karkala is before this Court seeking that the same be withdrawn from the said Court and transfer the same to the Court at Gadag. 3. The respondent on being served has appeared and filed the object...


Jul 14 2016

Ramarao @ Ajit and Another Vs. State of Karnataka, Department of Publi ...

Court: Karnataka Dharwad

Decided on: Jul-14-2016

(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the learned Single Judge s Order dated 03.11.2015 passed in WP.No.107954/2015 (LA-RES) and consequently allow WP.No.107954/2015.) H.G. Ramesh J.: 1. Whether the learned Single Judge is justified in rejecting the appellants writ petition on the ground of delay and laches in the absence of any explanation for the inordinate delay of more than one hundred and fifty years in raising the dispute, and in approaching the Court, is the question that requires to be considered in this intra Court appeal. The grievance of the appellants is, long back their land was used for construction of Government Guest house without due acquisition and payment of compensation, and hence, they are entitled for compensation. 2. This writ appeal is directed against the order dated 03.11.2015 passed by a learned Single Judge of this Court, whereby the learned Single Judge has rejected the appellants writ...


Jul 14 2016

Sri. Ramarao Alias Ajit S/O Krishnarao Desai Vs. State of Karnataka

Court: Karnataka Dharwad

Decided on: Jul-14-2016

-1- WA.No.100002/2016 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE14H DAY OF JULY2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA WRIT APPEAL No.100002/2016 (LA-RES) R BETWEEN :1. SRI RAMARAO ALIAS AJIT S/O KRISHNARAO DESAI AGED ABOUT49YEARS R/O.YARAGATTI TALUK SAUNDATTI DISTRICT BELAGAVI2 SRI SUJIT S/O KRISHNARAO DESAI AGED ABOUT42YEARS R/O YARAGATTI, TALUK SAUNDATTI DISTRICT BELGAUM BOTH ARE REPRESENTED BY THEIR GPA HOLDER BASANAGOUDA S/O BASANAGOUDA PATIL AGED ABOUT63YEARS R/O:SATTIGERI, TALUK SAUNDATTI DISTRICT BELAGAVI (BY SRI G.R.GURUMATH, ADVOCATE) ... APPELLANTS -2- WA.No.100002/2016 AND :1. 2. 3.4. STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS PORT AND INLAND, WATER, TRANSPORT1T FLOOR, VIKAS SOUDHA BENGALURU-560001 BY ITS PRINCIPAL SECRETARY THE EXECUTIVE ENGINEER PUBLIC WORK, PORT AND INLAND WATER, TRANSPORT DEPARTMENT DIVISION OFFICE KILLA BELAGAVI THE DEPUTY COMMISSIONER BELAGAVI DISTRICT BELAGAVI THE ASSISTANT COMMISSIONER...


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