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Karnataka Gulbarga Court September 2011 Judgments

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Sep 14 2011

Raghunatharao Patil Vs. B. Basappa

Court: Karnataka Gulbarga

Decided on: Sep-14-2011

Shylendra Kumar, J 1. Contempt jurisdiction is essentially meant to uphold the majesty of law; the authority and the efficacy of the judicial system and may be incidental to ensure that the orders passed by this Court are not belittled and disregarded by persons against whom such orders are passed. 2. Mere non-compliance with an order passed by this Court by a person ipso facto will not give cause for initiating proceedings against the person in the contempt jurisdiction, unless, it is demonstrated that non-compliance or disregard of an order is deliberate and intentional and has the effect of bringing down the majesty or law and efficacy of the legal system. 3. Orders obtained by the individuals for furtherance of their private interest can only be in civil jurisdiction and through the process as recognized by the present legal system. 4. Writ jurisdiction is a constitutional jurisdiction conferred on the High Court by the Constitution essentially to keep under check, the other two or...


Sep 06 2011

Smt. Gurabasamma Vs. the Assistant Commissioner at Indi

Court: Karnataka Gulbarga

Decided on: Sep-06-2011

1. Petitioner in this petition has sought for a Writ of Certiorari, quashing the notice issued by respondent dated: 17th August 2011 bearing No. Chunavane/CR-17/11-12, vide Annexure-A. 2. It is the case of the petitioner that she has been duly elected as Adhyaksha of the Gabasavalagi Gram Panchayat, Indi Taluk, Gulbarga District, on 16th June 2010.Being Adhyaksha of the said Gram Panchayat, she has been taking all necessary steps to provide all the facilities to the public in general, who come within the jurisdiction of the said Gram Panchayat and has been discharging her duties effectively and sincerely. When it was noticed by her that some of the members have taken the benefits from the Gram Panchayat and drawing the amount in their names for the works executed and some of the members have even acquired disqualification under Section 12 of the Panchayat Raj Act, she has tried to stop them from doing so. In view of the same, some of the members who are inimical to her, have moved the ...


Sep 05 2011

Smt. Megha and Others Vs. the Deputy Commissioner and Another

Court: Karnataka Gulbarga

Decided on: Sep-05-2011

PATIL, J 1. Assailing the correctness or otherwise of the ‘No Confidence Motion’ notices moved against the Adhyaksha and Upadhyaksha, both dated 2nd September 2011 issued to petitioners 1 and 2, by second Respondent vide Annexures A and B, petitioners have presented this Writ Petition. 2. The facts brief are that, the first petitioner is the Adhyaksha, second petitioner is the Upadhyaksha and petitioners 3 to 6 are the members of the Town Municipal Council, Aland, Gulbarga District. They have called in question the impugned notices, issued to petitioners 1 and 2 , calling for Special General Body Meeting on 6th September 2011 at 11.00 a.m. for moving ‘No Confidence Motion’ against them. 3. I have heard Learned Counsel appearing for petitioners and perused the entire material available on file. 4. It is the specific contention of the Learned Counsel appearing for petitioners that, the impugned notices issued are contrary to the relevant provisions of the Karnatak...


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