Karnataka Dharwad Court March 2017 Judgments
Praveen Etta Vs. Savithri Etta
Court: Karnataka Dharwad
Decided on: Mar-31-2017
(Prayer: This MFA is filed under Section 19(1) of the Family Courts Act, against the Judgment and Decree Dated 15.12.2015 passed in Matrimonial Case No.68/2015 on the file of the Principal Judge, Family Court, at Ballari, allowing the Petition filed under Section 9 of Hindu Marriage Act.) 1. The appellant has filed this appeal under Section 19(1) of The Family Courts Act, 1984, challenging the judgment and decree passed by the Principal Judge, Family Court at Ballari dated 15.12.2015 in Matrimonial Case No.68/2015 decreeing the suit and ordering for restitution of conjugal rights in favour of the respondent herein. 2. In his memorandum of appeal, the appellant has taken the contention that the judgment and decree under appeal is opposed to law and facts and evidence on record and the learned Judge has passed the judgment without application of judicious mind and in the process, he has failed to note the scope of Section 9 of Hindu Marriage Act, 1955 (for brevity henceforth called as 't...
Tag this Judgment!Ramesh Vs. Karnataka Institute of Medical Sciences, Rep by its Directo ...
Court: Karnataka Dharwad
Decided on: Mar-31-2017
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the Order Dated 07.08.2015 passed by the Learned Single Judge in WP No.63973/2009 and direct the Respondent No.1 to select the Petitioner for the post of Junior Lab Technician in place of 3rd Respondent by allowing this Writ Appeal in the ends of Justice and Equity.) 1. This writ appeal has been filed by Sri.Ramesh, son of Shivanandappa Haller, aggrieved by the dismissal of his Writ Petition No.63973/2009 by the learned Single Judge on 07.08.2015. 2. The appellant had challenged the selection for the post of 'Junior Lab Technician' by the respondent - Karnataka Institute of Medical Sciences, Vidyanagar, Hubli ('KIMS' for short), for which, advertisement Annexure-A was issued by the respondent-KIMS on 02.09.2008 for 35 posts of 'Junior Lab Technicians'. The criteria for the said post prescribed in the advertisement was as under: "General merit 33 years, SC/ST/Cat.I 38 years and...
Tag this Judgment!The Senior Vice-President M/s. Hindalco Industries Limited, Belgaum Wo ...
Court: Karnataka Dharwad
Decided on: Mar-23-2017
Dr. Vineet Kothari, J. 1. This writ petition has been filed by the employer-M/s. Hindalco Industries Limited, Belgaum, through its Senior Vice-President, against the workman-Sri K.V. Shetty, S/o. Vasu Shetty, aggrieved by the award of the Additional Labour Court, Hubballi, in KID No. 99 of 2010, dated 21st February, 2012, deciding the issue of date of birth of the workman-Sri K.V. Shetty in favour of the workman and against the employer and directed reinstatement of the workman with the benefit of full back wages and continuity of service, setting aside the alleged premature retirement of the workman with effect from 1st September, 2010. The Management was further directed to pay the costs of Rs. 10,000/- to the workman. 2. The controversy giving rise to the present writ petition is as under: The workman Sri K.V. Shetty was initially appointed on 18th September, 1980 temporarily and was discharged on 6th December, 1980. He was again employed temporarily from 15th November, 1981 till 31...
Tag this Judgment!M/S J K Cement Works Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Mar-23-2017
R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE23d DAY OF MARCH2017PRESENT THE HONBLE DR. JUSTICE VINEET KOTHARI AND THE HONBLE DR. JUSTICE H. B. PRABHAKARA SASTRY SALES TAX REVISION PETITION No.100001 OF2014Connected with SALES TAX REVISION PETITION No.100002 OF2014SALES TAX REVISION PETITION No.100003 OF2014BETWEEN: M/S J.K. CEMENT WORKS, No.529/1, SAI NAGAR, MUDDAPUR-587122, UNIT: J K CEMENT LTD., TQ: MUDHOL, DIST: BAGALKOT (REPTD. BY ITS UNIT HEAD ANTRIKSHA KUMAR JAIN) (By SRI. V.R.DESAI, SRI.ATUL K ALUR, SRI.N.P.VIVEK MEHTA & SMT.J.TEJAVATHI, ADVOCATES) ... PETITIONER [COMMON]. 2 / 39 Date of Order:23. 03.2017 STRP Nos.100001, 100002, 100003 of 2017 M/s.J.K. Cement Works, Bagalkot Vs. The State of Karnataka AND: THE STATE OF KARNATAKA REPTD. BY THE COMMISSIONER OF COMMERCIAL TAXES ( KARNATAKA) VANIJYA TERIGE KARYALAYA GANDHINAGAR, BANGALORE-560009. ... RESPONDENT [COMMON]. (By Sri.M.KUMAR, ADDL. GOVT ADV.) STRP No.100001 OF2014IS FILED U/SEC.65(1) OF THE KARNATAKA VA...
Tag this Judgment!The Senior Vice President, Vs. K v Shetty S/O. Vasu Shetty
Court: Karnataka Dharwad
Decided on: Mar-23-2017
R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE23d DAY OF MARCH2017BEFORE THE HONBLE DR. JUSTICE VINEET KOTHARI WRIT PETITION No.64218 OF2012(L-RES) BETWEEN: THE SENIOR VICE PRESIDENT, M/S. HINDALCO INDUSTRIES LTD., BELGAUM WORKS, BELGAUM-590010. (By Sri SUNDARASWAMY & RAMDAS ADVs.) ... PETITIONER AND: K V SHETTY S/O. VASU SHETTY AGE:59. YEARS10MONTHS, R/AT: QUARTERS NO.J125 HINDALCO COLONY, NEHRU NAGAR, BELGAUM-590010. (By Sri.S.L.MATTI ADV.) ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD OF ADDITIONAL LABOUR COURT, HUBLI, DATED2102/2012 IN KID No.99/2010 (ANNEXURE-M) AND HOLD THAT THE PETITIONER IS JUSTIFIED IN SUPERANNUATING RESPONDENT FROM SERVICE W.E.F. 01/09/2010. 2/32 Date of Order:23. 03.2017 WP No.64218/2012 Hindalco Industries Ltd., Belgaum, Through its Senior Vice President Vs. Sri.K.V.Shetty Belgaum THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP ON17H MARCH2017AND THE SAME HAVIN...
Tag this Judgment!State of Karnataka Represented by Police Inspector Garg Police Station ...
Court: Karnataka Dharwad
Decided on: Mar-20-2017
Anand Byrareddy and K. Somashekar, JJ. 1. Heard the learned Counsel for the appellant and the learned Additional State Public Prosecutor on behalf of the State. 2. The appeal is filed against the judgment of the Trial Court in Sessions Case No. 148/2010 on the file of the II Addl. District and Sessions Judge, Dharwad, whereby the Trial Court has acquitted the accused for an offence punishable under sections 323 and 376 of the Indian Penal Code (Hereinafter referred to as 'the I.P.C', for brevity) and also for an offence punishable under section 376 read with 511 of I.P.C., while it has convicted the accused to simple imprisonment for a period of two months and to pay a fine of Rs. 500/- in respect of the offence punishable under section 354 of the I.P.C. 3. The facts of the case as stated by the prosecution are as follows; The complainant-Irabasappa had stated that his daughter Iravva, though married had been deserted by her husband and she was residing along with him. That she had tak...
Tag this Judgment!State of Karnataka Vs. Rajesab S/O. Mahaboobsab Mulla
Court: Karnataka Dharwad
Decided on: Mar-20-2017
:1. : IN THE HIGH COURT OF KARNATAKA R DHARWAD BENCH DATED THIS THE20H DAY OF MARCH, 2017 PRESENT THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY AND THE HONOURABLE MR.JUSTICE K.SOMASHEKAR CRIMINAL APPEAL NO.100049/2014 Between: State of Karnataka Represented by Police Inspector Garag Police Station, Dharwad Taluk & District. (By Shri. V.M.Banakar, Addl. SPP) And: Rajesab S/o: Mahaboobsab Mulla, Aged about:40. Years, R/o: Kurubagatti, Now R/o: Harobelavadi, Taluk & District: Dharwad (By Shri. V.G.Bhat, Advocate) Appellant Respondent :2. : This appeal is filed under Section 378 (1) & (3) of Cr.P.C. seeking to grant leave to appeal against the judgment and order of acquittal dated 31.07.2013 passed by the II Addl. District and Sessions Judge, Dharwad, in S.C.No.148/2010, for the offences P/U/S376r/w 511 of IPC and be set aside the judgment the respondent/accused for the offences P/U/S376r/w 511 of IPC. and order of convict acquittal and This appeal coming on for Final Hearing this day, Anand...
Tag this Judgment!Dundappa Vs. Subhash Bhimagouda Patil and Others
Court: Karnataka Dharwad
Decided on: Mar-16-2017
(This MSA is filed under Section 43 Rule 1(u) of CPC, against the judgment and decree dated 29.09.2012 passed in R.A.No. 11/2012 on the file of the Senior Civil Judge, Hukkeri, allowing the appeal filed against the judgment and decree dated 15.12.2011 passed in O.S.No.57/2009, on the file of the Civil Judge, Sankeshwar, decreeing the suit filed for partition.) 1. Being aggrieved by the Judgment and decree passed by the learned Senior Civil Judge, Hukkeri, in R.A.No. 11/2012 on 29.09.2012, allowing the regular appeal and thereby setting aside the Judgment and Decree passed in O.S.No.57/2009, dated 15.12.2011 and remanding the matter to the Trial Court for its fresh disposal in accordance with law, the appellant has filed this Miscellaneous Second Appeal. 2. In response to the notice, the respondent Nos.1 to 3 are being represented by their counsel. The respondent Nos.4 and 5 are served, but they have remained absent. 3. The lower court records were called for and the same are placed bef...
Tag this Judgment!Bharamappa Mukappa Hosamani Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Mar-16-2017
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE16H DAY OF MARCH, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY WRIT PETITION NO.109697 OF2015(S-R) BETWEEN BHARAMAPPA MUKAPPA HOSAMANI S/O MUKAPPA HOSAMANI. RETIRED AND COMMERCE COLLEGE IIKAL, R/O : RENUKAMBA NILAYA, N.H.13, NEAR J.B.HOSPITAL, ILKAI-587125 BAGALKOT DISTRICT (By SHRI B.B. BAJENTRI AND G K HIREGOUDAR, ADVOCATES) ... PETITIONER AND1 2. THE STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU-01 THE COMMISSIONER OF COLLEGIATE EDUCATION SESHADRI ROAD, BENGALURU-01 2 3.4. 5.6. 7.8. JOINT DIRECTOR OF COLLEGIATE EDUCATION DHARWAD, DHARWAD DISTRICT THE ADDITIONAL DIRECTOR GENERAL OF POLICE DIRECTOR OF CIVIL RIGHTS ENFORCEMENT CELL, PALACE ROAD, BENGALURU-560001 SUPERINTENDENT OF POLICE CIVIL RIGHTS ENFORCEMENT CELL BELAGAVI. THE ACCOUNTANT GENERAL ( A & E) KARNATAKA CIRCLE PALACE ROAD, BENGALURU-560 001 THE PRINCIPAL SVM ARTS SCIENCE AND COMMERCE COLLEGE, ILKAL, HUNGUND TALUK, BAGALK...
Tag this Judgment!Ramangouda Vs. The Commissioner-Cum-Appellate Authority For Food And C ...
Court: Karnataka Dharwad
Decided on: Mar-15-2017
L. Narayana Swamy, J. 1. Learned Counsel for the petitioner submits that the petitioner is running a Fair Price Shop at Hirehadagali Village, Ballari Taluk since 1993, for which licence was issued by the Government. Without having committed any illegality, a case has been registered in Crime No. 9 of 2014 by Moka Police for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. In view of the registration of the case against the petitioner, the respondents have cancelled the licence without providing any opportunity to him. He further submits that in the similar case, one Iramma was illegally transporting 3.5 quintals of rice in bullock cart and case was registered against the said person, who is the owner of the Fair Price Shop and initially licence was suspended by the second respondent and thereafter she was warned and also levied fine of Rs. 25,000/-, whereas in the present case also criminal case has been registered. Hence, the action of the respond...
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