Karnataka Dharwad Court July 2016 Judgments
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Mallawwa Vs. Chandrabai, By LRs. and Others
Court: Karnataka Dharwad
Decided on: Jul-13-2016
(Prayer: This RSA is filed under Section 100 of C.P.C. praying to Judgment and Decree dated 10.11.2014 passed in R.A. No. 194/2012 on the file of the VII Additional District and Sessions Judge, Belgaum at Chikodi, allowing the Appeal and setting aside the Judgment and Decree dated 04.08.2012 and the Decree passed in O.S.No.107/1998 on the file of the Principal senior Civil Judge Athani, partly decreeing the suit filed for partition and separate possession.) 1. This is plaintiff s appeal assailing the Judgment and Decree of First Appellate Court, allowing the appeal in part and setting aside the Judgment and Decree passed by the Trial Court and thereby, passing a modified decree for partition and separate possession. For convenience, the parties will also be referred to by their rank in the suit. 2. This case shocked the conscience of this Court about the perfunctory manner in which, Sri D.Y. Basapur, Judge of First Appellate Court has decided the appeal filed under S.96 read with Order...
Mallawwa W/O Dashrath Kamble, Vs. Chandrabai Mother Tarabai Kamble
Court: Karnataka Dharwad
Decided on: Jul-13-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE13T H DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.100824/2014(PAR & SP) BETWEEN: SMT.MALLAWWA W/O DASHRATH KAMBLE, AGE:65. YEARS, OCC: HOUSEHOLD, R/O. MOLWAD-591316, TALUKA: ATHANI, DIST: BELGAUM (BY SRI. M G NAGANURI, ADVOCATE) AND: ... APPELLANT1 SMT. CHANDRABAI MOTHER TARABAI KAMBLE SINCE DECEASED BY HER LRS R1 TO R3 R1A SHRI RAKESH S/O. YASHWANT KAMBLE, AGE:32 YEARS, OCC:AGRICULTURE, R/O. MOLWAD-591316 TALUKA:ATHANI, DIST:BELAGAVI. R1B SMT. MAHADEVI W/O. NINGAPPA KAMBLE AGE:32 YEARS, OCC:HOUSEHOLD WORK, R/O. NANDI KURALI-591339, TALUKA RAIBAG, DIST:BELAGAVI. :2. : R1C.SMT. SHRIDEVI W/O. CHIDANAND KAMBLE, AGE:26. YEARS, OCC:HOUSEHOLD, R/O. UMARANI-591222, TALUKA:CHIKODI, DIST:BELAGAVI. R1D SMT. PUJA W/O. MAHANTESH BANSODE, AGE:26. YEARS, OCC:HOUSEHOLD WORK, R/O. AJUR-591212, TALUKA :ATHANI, DIST:BELAGAVI2 3.4.5. SHRI. DURYODHAN MOTHER CHANDRABAI KAMBLE AGE:59. YEARS, OC...
Suleman Vs. Mustaq Ahmed and Others
Court: Karnataka Dharwad
Decided on: Jul-12-2016
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 24.06.2015 on IA No.V in O.S.No.1620/2011 on the file of 3rd Additional Civil Judge and JMFC, Belagavi, produced as per Annexure-A.) 1. The petitioner is defendant No.9 in Original Suit No.1620 of 2011. The suit is filed seeking partition and separate possession of the suit schedule properties. 2. The petitioner herein, who is defendant No.9, has filed the written statement and denied the claim as put forth in the suit. The Court below, based on the rival contentions has framed the issues on 20 t h January 2014. The petitioner herein thereafter filed an application under Order XIV Rule 5 read with Section 151 of the Code of Civil Procedure, 1908, seeking that additional issues be framed. The Court below on registering the same in IA No.V has by its order impugned herein dismissed the application. It is against the said order, the petitioner is before this Court....
Mohmmad Yunus and Another Vs. Mahasaheb @ Gorima
Court: Karnataka Dharwad
Decided on: Jul-11-2016
(Prayer: This Criminal Revision Petition is filed under S.397 r/w 401 of Cr.P.C. seeking to exercise the Revisional powers under Section 397 of Cr.P.C. and call for the records in Crl. Appeal No.149/2014 and examine the legality, correctness or otherwise the maintainability of the orders dated 09.10.2015 and set aside the same by confirming the orders passed on I.A. No.II in Crl. Misc. No.153/2014 on the file of Additional Civil Judge and JMFC, Raibag by allowing this petition.) 1. Assailing the legality of the Judgment dated 09.10.2015 passed in Crl.A.No.149/2014 by the VII Addl. Dist. and Sessions Judge, Belagavi, sitting at Chikodi, allowing the appeal and thereby , setting aside the order impugned therein, with a direction to handover the minor child Tazin to the custody of the respondent mother, this petition was filed. 2. Marriage of the 1st petitioner and the respondent was solemnized on 17.10.2010. Out of the wedlock, a female child, named Tazin was born on 25.05.2012 and is in...
Praveen Basavanneppa Shivalli Vs. The State of Karnataka, Dharwad and ...
Court: Karnataka Dharwad
Decided on: Jul-11-2016
(Prayer: This Writ petition is filed under Articles 226 and 227 of the constitution of India praying to quash the charge sheet dated: 15.07.2015 filed by the 2nd Respondent/Sub Inspector of Police, Gokul Road, Police Station, Hubballi, vide Annexure-H and etc.) 1. The petitioner, a Non Resident Indian, married Smt. Savita, daughter of the 3rd respondent, on 25.04.2008. Out of the wedlock, a son Master Ishaan was born, on 21.11.2011, in the United States of America. The petitioner, his wife and the child came to Bengaluru on 06.02.2013. The petitioner alone returned to USA. Later, when the child was sought to be taken to USA by the petitioner, through his parents, Smt. Savita filed G and W No.5/2013 in the Family Court, Hubli. A memo having been filed that Smt. Savita got custody of the child with the police help, the petition was disposed of as withdrawn. Smt. Savita filed G and W No.13/2013 in the Family Court, Hubli, seeking declaration that she is the legal and total guardian of Mas...
Praveen Basavanneppa Shivalli, Vs. The State of Karnataka,
Court: Karnataka Dharwad
Decided on: Jul-11-2016
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE11H DAY OF JULY, 2016 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.102248/2016 (GM-RES) BETWEEN: PRAVEEN BASAVANNEPPA SHIVALLI, AGE:33. YEARS, OCC. MECHANICAL ENGINEER, 5799, SOUTH LAND DRIVE, APT. NO.4205, MOBILE A1-36693, UNITES STATES OF AMERICA (USA), NOW RESIDING AT SAROVAR NAGAR, (D.N.KOPPA), HOUSE NO.11, MATRU KRUPA, II CROSS, KELAGERI ROAD, DHARWAD58000. (BY SRI. F V PATIL, & SRI. NANDISH PATIL, ADVS.) ... PETITIONER AND1 THE STATE OF KARNATAKA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.2. THE SUB INSPECTOR OF POLICE, GOKUL ROAD POLICE STATION, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD. 2 3. SUBHASHCHANDRA VEERBHADRAPPA ELI, R/O. HASTINAPUR, KESHWAPUR, HUBBALLI, TA. HUBBALLI, DIST: DHARWAD. (BY SHRI PRAVEEN K. UPPAR, HCGP, FOR R1 & R2; SHRI V M SHEELVANT, ADV. FOR R3) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF IN...
Mohmmad Yunus S/O Imam-Ali Mokashi Vs. Mahasaheb 2 Gorima W/O Mohmmad ...
Court: Karnataka Dharwad
Decided on: Jul-11-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE11T H DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL REVISION PETITION NO.100241/2015 BETWEEN:1. MOHMMAD YUNUS, S/O.IMAM-ALI MOKASHI, AGE:36. YEARS, R/O. KUDACHI, TQ:RAIBAG, DIST:BELAGAVI.2. BIBIJAN W/O. IMAM-ALI MOKASHI, AGE:56 YEARS, R/O. KUDACHI, TQ:RAIBAG, DIST:BELAGAVI. (BY SRI. I.D. JALAGUR, ADV.) .PETITIONERS :2. : AND : MAHASAHEB @ GORIMA W/O. MOHMMAD YUNUS MOKASHI, AGE:26. YEARS, R/O. KUDACHI, TQ:RAIBAG, DIST:BELGAVI. (BY SRI SANOTSH B. RAWOOT, ADV.) .RESPONDENT THIS CRIMINAL REVISION PETITION IS FILED UNDER S.397 R/W401OF CR.P.C. SEEKING TO EXERCISE THE REVISIONAL POWERS UNDER SECTION397OF CR.P.C. AND CALL FOR THE RECORDS IN CRL. APPEAL No.149/2014 AND EXAMINE THE LEGALITY, CORRECTNESS OR OTHERWISE THE MAINTAINBILITY OF THE ORDERS DATED0910.2015 AND SET ASIDE THE SAME BY CONFIRMING THE ORDERS PASSED ON I.A. No.II IN CRL. MISC. No.153/2014 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND J...
Ashok and Another Vs. The State of Karnataka, Dharwad
Court: Karnataka Dharwad
Decided on: Jul-08-2016
(Prayer: This Criminal Petition is filed U/S 438 of Cr.P.C. seeking to enlarge the petitioner on bail in the event of arrest in Cr.No.94/2016 Registered before the Town Police Station Gadag for the offences punishable under Sections 3 and 5 of immoral traffic prevention Act, 1956.) 1. The Addl. Dist. And Sessions Judge at Gadag, by an Order dated 27.05.2016 passed in Crl.Misc.No.89/2016, having dismissed the anticipatory bail petition filed, this petition was filed to enlarge the petitioners on anticipatory bail. 2. The facts and circumstances giving rise to this petition are, that the Gadag Town Police have registered a case in Crime No.94/2016 against the petitioners, for the offences punishable under Ss.3 and 5 of Immoral Traffic Prevention Act, 1956 (for short, the Act ), on the basis of a complaint lodged on 28.04.2016 by Mr. Nagaraj M. Madalli, CPI and Spl. Officer under the Act. It was stated in the complaint, that on 28.04.2016, at 4.00 p.m., when the complainant was in the Off...
Ashok S/O Yogendragouda, Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Jul-08-2016
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE8T H DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.100584/2016 BETWEEN:1. ASHOK S/O YOGENDRAGOUDA, AGE:34. YEARS, OCC: BUSINESS, R/O: HEGALATTI, TQ: THIRATAHALLI, DIST: SHIVAMOGA, NOW AT: LAXMI LODGE, NEAR MAHENDRAKAR CIRCLE, GADAG, TQ: & DIST: GADAG.2. NAVEEN S/O VISHNU NAIK, AGE:28. YEARS, OCC: BUSINESS, R/O: NEAR HOSUR VILLAGE, SIDDAPUR, TQ: SIDDAPUR, DIST: KARWAR, NOW AT: LAXMI LODGE, NEAR MAHENDRAKAR CIRCLE, GADAG, TQ: & DIST: GADAG. (BY SRI ANJANEYA M. ADV.) ... PETITIONERS :2. : AND THE STATE OF KARNATAKA BY GADAG TOWN POLICE HUBLI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. (BY SRI PRAVEEN K. UPPAR, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S438OF CR.P.C SEEKING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CR. No.94/2016 REGISTERED BEFORE THE TOWN POLICE STATION GADAG FOR THE OFFENCES PUNISHABLE UNDER SECTION...
Vithal Laxman Kambale Vs. The Deputy Commissioner, Belagavi and Others
Court: Karnataka Dharwad
Decided on: Jul-05-2016
(Prayer: This Regular Second Appeal is filed under Section 100 of CPC against the Judgment and decree dated 17.09.2014 passed in R.A. No. 141/2013 on the file of the II Addl. Sr. Civil Judge and CJM, Belgaum, dismissing the appeal for Default, etc, etc.) 1. Suit filed for passing of a decree of permanent injunction having been dismissed by the Trial Court, an appeal, under S.96 of CPC was filed by the plaintiff. The appeal having been dismissed for non-prosecution, this second appeal was filed. 2. Registry having sought clarification as to how the second appeal is maintainable, since the first appeal has been dismissed for default and an endorsement having been made on the scrutiny sheet by the learned advocate that the appeal under S.100 CPC is maintainable even if R.A. is dismissed by the First Appellate Court, to see the legality of the order in R.A. the case is listed for orders. 3. Perused the appeal memorandum. 4. The two substantial questions of law raised in this appeal memoran...
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