Karnataka Kalaburagi Court December 2015 Judgments
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K. Janardhan Reddy Vs. B.R. Basutkar, Sole Arbitrator and Another
Court: Karnataka Kalaburagi
Decided on: Dec-18-2015
(Prayer: This MFA is filed under Section 39(1) of the Arbitration and Conciliation Act 1940, praying to set aside the order dated 27.9.2008 passed by the Learned Civil Judge (Sr.Dn.) Shorapur in Arbitration case No.6/2004 and be pleased to allow the application filed by the Arbitrator under Section 14(2) of the Act, in the interest of justice and equity.) 1. Both the appeals- MFA 30072/2009 and 30073 of 2009 are taken up for consideration together as they involve the same parties and arise out of the same contract and the claimant has been unseated by the orders in Arbitration Case No.6/2004 and No.7/2004. Both the appeals have been decided on the singular issue of limitation and the award has been set aside on the sole ground of limitation i.e. the first appellate Court has been pleased to hold that the Arbitrator has misconducted himself by entertaining time barred claims and awarding compensation/damages for the alleged losses suffered by the claimant who is the appellant before thi...
Jitendra Prasad Vs. Dalbir Singh Kataria and Others
Court: Karnataka Kalaburagi
Decided on: Dec-04-2015
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set “aside the order dated 21.07.2015 in W.P. No: 203303/2015 passed by the Learned Single Judge and allow the writ petition as prayed for, in the interest of Justice and Equity.) 1. The appellant is before this Court assailing the Order dated 21.07.2015 passed in W.P. No. 203303/2015. 2. The appellant was before the learned single Judge, assailing the notice dated 06.02.2012 and communication dated 08.11.2013 in C.C. No. 245/2011 issued to the Commanding Officer of the respondent herein. The Order dated 23.02.2015 in CC.No.245/2011 was also assailed in the said petition. 3. The appellant is a retired Sergent from the Indian Air Force [ IAF for short]. The 1st respondent is a serving Warrant Officer in the IAF Station at Bidar, but presently serving at Gujarat. Due to certain altercation between the appellant and the 1st respondent, the appellant herein lodged a Private Complaint No. 9/...
Jitendra Prasad S/O: Sinhasan Prasad Vs. Dalbir Singh Kataria S/O Darb ...
Court: Karnataka Kalaburagi
Decided on: Dec-04-2015
1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE04H DAY OF DECEMBER2015PRESENT: THE HONBLE MR. JUSTICE A.S.BOPANNA AND THE HONBLE MR. JUSTICE G.NARENDAR W.A. No.200198/2015 [GM-RES]. BETWEEN: JITENDRA PRASAD S/O: SINHASAN PRASAD AGE:38. YEARS, OCC:RETD. SERGENT, INDIAN AIR FORCE, C/O:VISHWANATH GADA #19-5-383/1, SHIV NAGAR NORTH BIDAR-585401 ... APPELLANT (BY SRI. SACHIN M. MAHAJAN, ADV.) AND:1. DALBIR SINGH KATARIA S/O DARBARA SINGH KATARIA AGE:52. YEARS, OCC:WARRANT OFFICER-692560-S RELIEVED FROM AIR FORCE STATION, BIDAR ON0109.2010 PRESENTLY POSTED AT AIR FORCE STATION BHUJ, KACHCHH, GUJARAT-370430.2. THE AIR COMMODORE AIR FORCE COMMANDING, AIR FORCE STATION, BIDAR-585401.3. THE UNION OF INDIA BY ITS SECRETARY MINISTRY OF DEFENCE, 2 SOUTH BLOCK, NEW DELHI-110011. ... RESPONDENTS (BY SRI. J.K.BUKKA, ASGI FOR R2 & R3 . SRI. MOHD. VIKHRUDDIN ADV. FOR R1) * * * THIS WRIT APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET-ASIDE THE ORDER DATED...
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