Karnataka Kalaburagi Court February 2016 Judgments
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The Managing Director, B.M.T.C., Now through Chief Law Officer Vs. Dea ...
Court: Karnataka Kalaburagi
Decided on: Feb-29-2016
(Prayer: This appeal is filed u/s 173(1) of MV Act against the judgment and award dated 06.06.2015 passed in MVC No.4819/2012 on the file of the 2nd Additional Small Causes Judge and 28th ACMM, MACT, Bengaluru, awarding the compensation of Rs.25,000/- with interest at 6% p.a. from the date of petition till the deposit. This appeal is filed u/s 173(1) of MV Act against the judgment and award dated 06.06.2015 passed in MVC No.4819/2012 on the file of the II Additional Small Causes Judge and XXVIII ACMM, MACT, Bengaluru, awarding compensation of Rs.25,000/- since the petitioner herein is liable to pay of Rs.12,500/- with interest @ 6% p.a. from the date of petition till the deposit.) 1. Since common questions of law and that of fact arise for decision making, with the consent of the learned Counsel for the parties, appeals are clubbed together, finally heard and disposed of by this order. 2. MFA No.442/2016 is filed by the Managing Director of BMTC, Bengaluru Central Office along with I.A...
Kavita Raghunath Irama and Others Vs. Prabhu Maruthi Irame and Others
Court: Karnataka Kalaburagi
Decided on: Feb-29-2016
S. Sujatha, J. 1. Claimants/appellants are in appeal in MFA No. 30346/2010 against the judgment and award passed by the Motor Accident Claims Tribunal, Basavakalyan in MVC No. 83/2006. MFA Crob. No. 1007/2010 is filed by the claimants/cross-objectors in MFA No. 30828/2009 (MVC No. 71/2006 before the Motor Accident Claims Tribunal, Basavakalyan). 2. Facts of the case in brief are : The two claim petitions viz., MVC No. 71/2006 and 83/2006 were filed by the claimants under Section 166 of Motor Vehicles Act, 1988 (the 'Act for short) claiming compensation for the alleged death of driver and pillion rider of Bajaj CT 100 vehicle bearing Regn. No. KA-39/H-2653 involved in the road accident that occurred on 1/2-6-2006 on National Highway No. 9, within the limits of Traffic Police Station, Basavakalyan due to the rash and negligent driving of the lorry bearing Regn. No. HR-38/R-0766 which collided with the vehicle in which the deceased were travelling. The Tribunal after considering the evide...
Nagaraj Vs. Syed Kareem Babu and Another
Court: Karnataka Kalaburagi
Decided on: Feb-26-2016
(Prayer: These Criminal Petitions are filed u/s 482 of Cr.P.C., praying that this Hon ble Court may be pleased to call for the records of the Lower Court and examine the Order passed by the Vth Addl. Session Judge (spl) Court, Kalaburagi on dated: 16.6.2015 in S.C.No.59/2010 and S.C.No.58/2010 respectively and to make/pass such appropriate orders as may be necessary to cure the irregularities/illegalities and the abuse of the process of the lower court to meet the ends of justice and further the Lower Court may be directed to record evidence of the victim through video recording.) 1. Criminal Petition No.200710/2015 is preferred being aggrieved by the order dated 16.6.2015 rendered in S.C.NO.58/2010 on the application preferred by the present petitioner under the provisions of Sections 278(1) and (2) of Cr.P.C. and also under Section 327(2) of the Cr.P.C. 2. The petitioner is the defacto complainant and is none other than the father of the victim who is said to have been sexually assau...
Nagaraj S/O: Shivayya Kattimani Vs. Syed Kareem Babu S/O: Syed Budden
Court: Karnataka Kalaburagi
Decided on: Feb-26-2016
1 IN THE HIGH COURT OF KARNATAKA R KALABURAGI BENCH DATED THIS THE26H DAY OF FEBRUARY, 2016 BEFORE: THE HONBLE MR. JUSTICE G. NARENDAR CRIMINAL PETITION NO.200709/2015 CRIMINAL PETITION NO.200710/2015 C/W IN CRIMINAL PETITION NO.200709/2015 BETWEEN: NAGARAJ S/O SHIVAYYA KATTIMANI AGE:59. YEARS, OCC: LEGAL PROFESSION R/O H.NO.4-1115, OLD BHOVI GALLI SARAF BAZAR, KALABURAGI. PETITIONER (BY SRI. NAGARAJ .S. KATTIMANI, PARTY-IN-PERSON) AND:1. SYED KAREEM BABU S/O SYED BUDDEN AGE: MAJOR, OCC: SAMAJ SEVAK R/O775 9TH BLOCK28H MAIN JAYANAGAR BANGALORE NOW R/O NO.33, 1ST FLOOR PATEHA APARTMENT NEAR TRENITY HEART HOSPITAL BASAVAN GUDI, BANGALORE.2. STATE OF KARNATAKA THROUGH ITS SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA KALABURABI BENCH. RESPONDENTS2(BY SRI. AVINASH.A. UPLOANKAR-ADV FOR R1; SRI. P.S. PATIL-HCGP FOR R2) * * * IN CRIMINAL PETITION NO.200710/2015 BETWEEN: NAGARAJ S/O SHIVAYYA KATTIMANI AGE:59. YEARS, OCC: LEGAL PROFESSION R/O H.NO.4-1115, OLD BHOVI GALLI SARAF BAZAR, KALA...
Patil Dental College and Hospital Naubad and Others Vs. State of Karna ...
Court: Karnataka Kalaburagi
Decided on: Feb-24-2016
(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to call for the records from the respondents which ultimately resulted in not approving the admission of the petitioner 2 to 26 for the studies of BDS Course for the academic year 2013-14.) 1. There is no dispute that 40 seats in the stream of dental in the first petitioner educational institution were not filled up by COMED-K, in other words, seats meant to be filled up by the management. Those seats, were filled up by admitting 25 students. Petitioner Nos.2 to 26 eligible for admission to the said course and having done so the 1st petitioner-college made a representation to the third respondent-University for approval of the admissions which when not responded, has resulted in filing W.P.Nos.27974/2014 and connected matters, when a Division Bench by order dated 18.11.2014, read down Annexure-A therein as a show cause notice to which the petitioner college was permitted to filed de...
Surekha and Others Vs. Union of India
Court: Karnataka Kalaburagi
Decided on: Feb-22-2016
B. Manohar, J. 1. Appellants in this appeal are challenging the judgment and order dated 23-01-2009 passed in OA (II-U) 31/2008 by the Railway Claims Tribunal, Bangalore Bench, (hereinafter referred to as 'the Tribunal' for short) dismissing the claim petition filed by the appellants. 2. The appellants filed the claim petition contending that husband of the first claimant, father of claimants 2 and 3 Sri. Annarao Bhujarke was working as an Assistant Engineer, APMC, Gulbarga. On 2-7-2007, in order to go to Bangalore, the deceased was proceeding to board Train No. 2628 on Platform No. 1. There was heavy rush on the platform and also in the train. However, Annarao Bhujarke managed to board the train. Due to pushing and pulling of the passengers inside the compartment, he lost control and fell on the railway track. The train ran over the deceased, as a result of which the neck of deceased was separated from the body and other parts of body got crushed under the wheels. Immediately after th...
Abdulrajak and Others Vs. Abdul Rahiman and Another
Court: Karnataka Kalaburagi
Decided on: Feb-11-2016
(Prayer: These writ petitions filed under Articles 226 and 227 of the Constitution of India praying to issue order or writ or direction in the nature of certiorari quashing order on I.A's No.12 dated 01.08.2015 and I.A.No.13, 14 and 15 dated 07.11.2015 passed in O.S.No.54/2006, by the learned III Addl. Civil Judge, Vijayapura, vide Annexure's 'F' and 'N' and consequently allow the applications.) 1. Heard Sri Ashok S. Kinagi, learned Advocate appearing for petitioners/defendants. Respondents are served and unrepresented. Perused the records. 2. Defendants in O.S.No.54/2006 filed an application in I.A.No.12 under Order 8 Rule 1(3) of C.P.C. seeking permission to produce documents indicated in the list enclosed to said application. By order dated 01.08.2015 - Annexure-F, said application has been rejected on the ground that without prayer for reopening of the case, said application is not maintainable and also on the ground that it has been filed to drag on the proceedings. Thereafter, th...
Basamma Vs. The State of Karnataka, rep. by its Secretary and Others
Court: Karnataka Kalaburagi
Decided on: Feb-09-2016
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ, order or direction in nature of certiorari, quashing Annexure-D, viz., the notification dated 15.06.2015 bearing Ref.No.Kra:Chunavane:CR:38:2015-16, in so far as it pertains to the election of the President to the respondent No.4 Gram Panchayat which is found at Sl.No.9 in the said notification, etc.) 1. Petitioner on being elected as a member of the fourth respondent Gram Panchayat on 17.02.2013, successfully contested the election to the office of President of the said Gram Panchayat, on 07.06.2013. The State Government amended Section 46 of the Karnataka Panchayat Raj Act, 1993 (for short Act ) by Karnataka Panchayat Raj (Amendment) Act, 2015 which received assent of the Governor on 29.04.2015, brought into force at once by which the words thirty months was substituted by the words five years . Petitioner claiming to be entitled to the extended tenure of the offi...
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