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Karnataka Kalaburagi Court September 2015 Judgments

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Sep 30 2015

Roshan Kirana Merchant, Gunj Bhalki, represented by Proprietor MD. Niz ...

Court: Karnataka Kalaburagi

Decided on: Sep-30-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ in the Nature of Certiorari or any other appropriate Writ or order or Direction, directing the respondents, quashing tender for supply of Food Materials for Pre-metric and Post Metric Hostels/Ashrama Schools, coming under Social Welfare/ Backward Classes/ Tribal Welfare Departments for Bidar division only vide tender reference No. DSWOB/ACCT./CR-19/Food Tender/2015-16 dated 08.07.2015 in the interest of justice vide Annexure-D.) H.G. Ramesh, J. (Oral): 1. In this writ petition, petitioner is challenging the tender notification dated 08.07.2015 bearing Ref. No. dswob/acct./cr-19/food tender/2015-16. 2. I have heard learned counsel for the petitioner and learned Government Advocate for the respondents and perused the record. 3. Learned counsel for the petitioner submitted that the impugned tender notification is contrary to Rule 17(1)(b) of the Karnataka Transparency in Pu...


Sep 30 2015

Roshan Kiran Merchant, Vs. State of Karnataka and Ors

Court: Karnataka Kalaburagi

Decided on: Sep-30-2015

W.P.No.204190/2015 - 1 - IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE30H DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.204190/2015 (GM-TEN) R BETWEEN: ROSHAN KIRANA MERCHANT GUNJ BHALKI, DIST. BIDAR REPRESENTED BY PROPRIETOR MD. NIZAMUDDIN MULLA S/O S.P. MULLA AGED ABOUT52YEARS OCC: BUSINESS R/O LECTURER COLONY ROAD NEAR MADINA MASJID, BHALKI DIST. BIDAR 585 328 ... PETITIONER (BY SRI AVINASH A. UPLAONKAR, ADVOCATE) AND:1. 2.3. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF SOCIAL WELFARE VIDHANA SOUDHA BANGALORE 560 001 THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO BACKWARD CLASSES WELFARE DEPARTMENT M.S. BUILDING BANGALORE 560 001 THE DEPUTY COMMISSIONER (REVENUE), BIDAR DIST. BIDAR 585 328 W.P.No.204190/2015 - 2 - 4. THE DISTRICT SOCIAL WELFARE OFFICER SOCIAL WELFARE DEPARTMENT, BIDAR DIST. BIDAR 585 328 ... RESPONDENTS (BY SRI P. VILAS KUMAR, GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES2...


Sep 29 2015

Sri Laxmi Vidhya Vardaka Sanga Kannolli, represented by its President ...

Court: Karnataka Kalaburagi

Decided on: Sep-29-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a Writ of Certiorari and to quash the impugned notice dated 31.08.2015 issued by the respondent in No. JINOKAVI/SANGHA/1/2015-16, produced at Annexure “R.) H.G. Ramesh, J. (Oral): 1. What are the requirements of a notice in public law? As this question has already been answered by this Court in Sinha S.N. vs. The State of Kar. (ILR 2012 KAR 448), validity of the notice impugned in this writ petition will have to be examined in the light of the said decision. 2. By consent of learned counsel on both sides, the petition is heard on merits and is being disposed of by this order. In this writ petition, petitioner-society is challenging the notice dated 31.08.2015 issued by the District Registrar of Societies, Vijayapura, under Rule 8 of the Karnataka Societies Registration Rules, 1961. The notice states that the working of the society is contrary to law and that the informati...


Sep 29 2015

Sri. Laxmi Vidhya Vardaka Sanga Vs. The District Registrar

Court: Karnataka Kalaburagi

Decided on: Sep-29-2015

- 1 - W.P.No.205101/2015 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE29H DAY OF SEPTEMBER2015BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.205101/2015 (GM-KSR) R BETWEEN: SRI LAXMI VIDHYA VARDAKA SANGA KANNOLLI, TQ. SINDGI DIST: VIJAYAPUR 586 101 REPRESENTED BY ITS PRESIDENT SRI SIDDANAGOUDA S/O RUDRAGOUDA PATIL (BY SRI I.R. BIRADAR, ADVOCATE) AND: THE DISTRICT REGISTRAR OF SOCIETIES, VIJAYAPUR DIST: VIJAYAPUR 586 101 (BY SRI A SYED HABEEB, AGA) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND TO QUASH THE IMPUGNED NOTICE DATED3108.2015 ISSUED BY THE RESPONDENT IN NO.JINOKAVI/SANGHA/1/2015-16, PRODUCED AT ANNEXURE-R. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 2 - W.P.No.205101/2015 ORDER H.G.RAMESH, J.(Oral): What are the requirements of a notice in public law?. As this question has already ...


Sep 28 2015

Gundappa Vs. Sha Motilal

Court: Karnataka Kalaburagi

Decided on: Sep-28-2015

(Prayer: This civil revision petition is filed under Section 115 of CPC, against the order dated 04.09.2013 passed in civil misc. no.21/2013 on the file of the III Addl.Dist.Judge at Bijapur. Wherein the petition was dismissed as not maintainable and the memo filed by counsel for respondent dated 8.7.2013 on maintability is accepted.) 1. Heard the learned counsel for the parties. 2. Petitioner was the sole defendant in an original suit in O.S.111/06, a suit which was pending before the senior Civil Judge, Muddebihal, Bijapur. The said suit had been filed by the respondent herein for the recovery of Rs.1,48,500/-. The said suit was dismissed exparte as against which a regular appeal was filed by the plaintiff in R.A.148/08 before the District Court, Bijapur. In the said appeal, notice to this petitioner was dispensed with on the ground that he had been placed exparte before the trial court in terms of Order XLI Rule 14, C.P.C (Karnataka Amendment). 3. The said appeal, R.A.148/08 was dec...


Sep 22 2015

Tirupathi Vs. The State of Karnataka reptd. by its Principal Secretary ...

Court: Karnataka Kalaburagi

Decided on: Sep-22-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of certiorari in nature of Quashing the impugned notification dated 24.06.2015 bearing No.Kandaya/Sibbandi-1/41/2015-16 issued by the Respondent No.2 vide Annexure-A and also be pleased to quash the verification list dated nil issued by the Respondent No.2 vide Annexure-D and Etc.) H.G. Ramesh, J. Oral: 1. In this writ petition, petitioner is seeking for quashing of recruitment notification dated 24.06.2015 issued by the Deputy Commissioner, Government of Karnataka, Raichur, inviting applications for the post of Village Accountants. The grievance of the petitioner is that, reservation is not given to candidates belonging to Hyderabad-Karnataka Area. 2. On being asked by this Court as to whether the petitioner has a statutory remedy under Section 15 of the Administrative Tribunals Act, 1985 ( ˜the Act') as against the recruitment notification impugned herein, counse...


Sep 10 2015

Chanabasappa and Others Vs. The State of Karnataka and Others

Court: Karnataka Kalaburagi

Decided on: Sep-10-2015

(Prayer: This Crl.A. is filed u/s.374 (2) of Cr.P.C by the advocate for the appellants praying that this Hon'ble court may be pleased to, set aside the judgement and order of conviction dated 30.09.2010 passed by the III Addl. Sessions Judge at Bijapur in Sessions Case No. 28/2009, thereby convicting the Appellants / Accused No. 1 and 6 for the offence p/u/s 324 and 326 r/w Sec. 149 of IPC and the Appellants / Accused No. 1 and 6 are sentenced to undergo for a period of six months and to pay fine of Rs. 5,000/- each. in default, they shall undergo further is for a period of one month for the offence p/u/s 326 r/w sec. 149 of IPC further the appellants / accused no. 1 to 6 are sentenced to undergo for a period of three months and to pay fine of Rs. 1,000/- each. in default they shall undergo further is for a period of fifteen days for the offence p/u/s 324 of IPC r/w Sec. 149 of IPC. This Crl.A. is filed u/s. 372 of Cr.P.C by the advocate for appellant praying that this Hon'ble court to...


Sep 08 2015

Purushotham and Another Vs. State by Sindhanur Police, Karnataka

Court: Karnataka Kalaburagi

Decided on: Sep-08-2015

(Prayer: This Crl.A. filed u/s.374(2) Cr.P.C by the Adv., for the appellants praying that this Hon'ble Court may be pleased to set aside the Order dated:3.5.14 passed by the Addl. S.J., Raichur in S.C.No.118/10 “ convicting the appellants/accused for the offence P/U/S 364-A, 302 and 201 r/w 34 of IPC. And the appellants/accused are sentenced to undergo imprisonment for life for the offence committed by them P/U/S 364-A of IPC. And the appellants/accused are sentenced to undergo imprisonment for life for the offence committed by them P/U/S 302 of IPC. And the appellants/accused are sentenced to undergo R.I. for 7 years and to pay fine of Rs.10,000/- each, for the offence P/U/S 201 of IPC. in default of pay the fine, they shall sentenced to undergo S.I. for 6 months sentences 1 to 3 shall run consecutively.) A.V. Chandrashekara J. 1. Appellants herein were accused in a criminal case in S.C.118/10 which was pending on the file of Additional Sessions Judge, Raichur. Both of them have...


Sep 03 2015

Sardar and Others Vs. The State through Hallikhed Police Station

Court: Karnataka Kalaburagi

Decided on: Sep-03-2015

(Prayer: This Criminal Appeal is filed under Section 374 (2) Cr.P.C. by the Advocate for the Appellant praying that this Hon'ble Court may be pleased to set aside the order dated: 18.4.2015 and sentence dated 22.4.2015, passed by the Prl. Dist. and Sessions Judge, Bidar, in Spl. Case (NDPS) No. 17/2012 - convicting the Appellant/Accused No. 1 to 4 for the offences P/U/S 20(B)(II)(B) of NDPS Act, 1985 R/W Sec. 34 of IPC.) 1. Appellants are accused in a special case in Spl. Case No. 17/2012 which was pending on the file of Special Judge, Bidar. They have been convicted for the offences punishable under Sections 20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 34, I.P.C. They have been sentenced to undergo RI for a period of 10 years each and to pay a fine of Rs. 1,00,000/- each, vide considered judgment of conviction and sentence dated 18.4.2015 and 22.4.2015 respectively. They are in judicial custody. 2. The present appeal filed under Section 37...


Sep 03 2015

Sardar Vs. State of Karnataka

Court: Karnataka Kalaburagi

Decided on: Sep-03-2015

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE3D DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA CRIMINAL APPEAL NO.579/2015 BETWEEN:1. SARDAR S/O HATIRAM JADHAV NOW AGED28YEARS, OCC: COOLIE R/O ERAKPALLI THANDA, TQ. NARAYANKHED DIST. MEDAK (AP) 2. GYANESHWAR S/O BABURAO NOW AGED29YEARS, OCC: COOLIE R/O GOTAKA THANDA TQ. LOHA DIST. NANDED MAHARASHTRA STATE3 DEVIDAS S/O BALAJI CHAVAN NOW AGED38YEARS OCC: COOLIE R/O CHONDI THANDA TQ. LOHA DIST. NANDED, MAHARASHTRA STATE4 VIJAYKUMAR S/O BAPURAO CHAVAN NOW AGED28YEARS, OCC: COOLIE R/O CHONDI THANDA TQ. LOHA DIST. NANDED, MAHARASHTRA STATE (BY SRI. ANIL KUMAR NAVADI, ADV.) ... APPELLANTS2AND: THE STATE THROUGH HALLIKHED POLICE STATION TQ. HUMNABAD DIST. BIDAR. (BY SRI. P.S. PATIL, HCGP) ... RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION3742) CR.P.C BY THE ADV. FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:18.4.2015 AND SENTENCE DATED224.2015,...


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