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Karnataka Kalaburagi Court August 2016 Judgments

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Aug 24 2016

Alla Saheb Vs. The State of Karnataka, Bengaluru and Others

Court: Karnataka Kalaburagi

Decided on: Aug-24-2016

(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order of transfer vide ( Kannadam )dated 18.08.2016 passed by respondent No.1 in so far as posting the respondent No.5 in the place of petitioner.) 1. The petitioner-Alla Saheb S/o Hussain Saheb Doddamani, aged 57 years, presently working as Executive Engineer, District Urban Development Cell, Urban Development Administrative, Vijaypur, has filed this writ petition in this Court on 23.08.2016 with the following prayers: (1) Wherefore, it is most respectfully prayed that the Hon ble Court may be pleased to issue the Writ of Certiorari for quashing the order of Transfer vide ( Kannadam ) dated 18.08.2016 passed by respondent No.1 is so far as posting the respondent No.5 in the place of petitioner, in interest of justice which is at Annexure-A; (2) Order for any other reliefs as deems feet. 2. Mr. P. Vilaskumar Marthand Rao, learned counsel for the petitioner has vehemently submit...


Aug 24 2016

Alla Saheb S/O Hussain Saheb Doddamani Vs. The State of Karnataka and ...

Court: Karnataka Kalaburagi

Decided on: Aug-24-2016

1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH R DATED THIS THE24H DAY OF AUGUST2016BEFORE THE HONBLE Dr. JUSTICE VINEET KOTHARI WRIT PETITION No.204024/2016 (S-TR) Between: Alla Saheb S/o Hussain Saheb Doddamani Age:57. years, Occ: Executive Engineer District Urban Development Cell Urban Development Administration Vijayapur 586 101 (By Sri P. Vilaskumar Marthand Rao, Advocate) Petitioner And:1. 2.3. The State of Karnataka Through its Principal Secretary Department of Urban Development Vikas Soudha, Dr. B.R. Ambedkar Veedhi Bangaluru 01 The Director/Commissioner Municipal Administration 9th Floor, Vishveshwaraya Tower Dr. B.R. Ambedkar Veedhi Bangaluru 01 The Deputy Commissioner Vijayapur 586 101 Date of order:24. 08.2016 WP20402/2016 Alla Saheb Vs The State of Karnataka and others 2 4.5. The Project Director District Urban Development Cell Vijayapur 586 101 Sharanappa C. Oni Executive Engineer District Urban Development Cell Belgavi 577 450 (By Smt. Archana P. Tiwari, AGA fo...


Aug 20 2016

Gangadhar and Others Vs. Somashekhar and Others

Court: Karnataka Kalaburagi

Decided on: Aug-20-2016

(Prayer: This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 5.12.2011 passed in O.S.No.88/2007 on the file of the I Additional Senior Civil Judge at Bijapur, partly decreeing the suit of the plaintiff.) Anand Byrareddy, J. 1. These appeals are heard and disposed of by this common judgment as the appeals arise out of the same suit. 2. The appeal in RFA 6001/2012 is filed by the plaintiffs. The facts as asserted by the plaintiffs was that the suit properties were their joint family properties. It was claimed that land bearing survey no.794/1+2+3 of Sarwad village, described at Item no.4 of the suit Schedule- A, was ancestral property and the remaining items of land were purchased overtime in the name of the father of the fourth defendant and the father of the plaintiffs, Mahalingappa, who was no more. The genealogical tree of the family is as under: GENEALOGY ( CHART ) = Respondent No.8/defendant No.11 stranger ...


Aug 19 2016

Revanappa Vs. Gangappa

Court: Karnataka Kalaburagi

Decided on: Aug-19-2016

(Prayer: This Regular Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated: 07.04.2011 passed in R.A. No.44/2008 on the file of the Senior Civil Judge at Basavakalyan (Camp at Humnbad), dismissing the appeal and confirming the judgment and decree dated 15.10.2008 passed in O.S. No.26/2006 on the file of the Additional Civil Judge (Jr.Dn.,) and JMFC at Humnabad.) 1. This appeal is preferred; by the appellant/ defendant being aggrieved by the judgment and decree dated 7.4.2011 passed by the Senior Civil Judge, Basavakalyan, camp at Humnabad dismissing R.A. No.44/2008 and confirming the judgment and decree dated 15.10.2008 passed by the Additional Civil Judge (Jr.Dn), Humnabad in O.S.No.26/2006. 2. Heard the arguments of learned counsel for the appellant/defendant and also the learned counsel appearing for the Respondent/plaintiff on admission. 3. Learned counsel for the appellant taken this Court to the judgment and decree passed by the C...


Aug 18 2016

State of Karnataka through Adrash Nagar Police Station, Bijapur Vs. Sa ...

Court: Karnataka Kalaburagi

Decided on: Aug-18-2016

(Prayer: This Criminal Appeal is filed under Section 378(1) and (3) of Cr.P.C. by the advocate for appellant/the Addl. SPP for the State praying to grant leave to file an appeal against the judgment and order of acquittal dated 09.07.2010 passed in Criminal Appeal No.30/2008 on the file of the Fast Track Court-I/II at Bijapur, acquitting the accused/respondent for the offences P/U/S 337, 338 304-A of IPC.) 1. The judgment and order of acquittal dated 9th July 2010 passed by the FTC-I/II Bijapur in Criminal Appeal No. 30/2008 is called in question in this appeal preferred by the State. 2. The facts of the case that the complaint was lodged by PW 1 one Mr. Yatawari Shahani alleging that himself and other persons went nearby the shop of Sairaj Marbles in order to load the marble stones in the vehicle. As per the complaint averments the incident took place on 30.3.2006 when they all loading the marble stones in the 407 vehicle bearing No. KA-29- 6177 at about 10.30 a.m. It is the allegatio...


Aug 17 2016

Prof.P.G. Pandhrapurkar and Others Vs. The Union of India, through its ...

Court: Karnataka Kalaburagi

Decided on: Aug-17-2016

(Prayer: The writ petitions are filed under Art. 226/227 of the Constitution of India praying to declare that petitioners 1 to 3 are entitled to be paid as per the pay scales as recommended by the UGC with effect from 01.01.1986, etc.) 1. Both the learned counsel at the Bar submit that the controversy in the present case is covered by the decision of a co-ordinate Bench of this Court in WP 46899/2002 and connected matter decided on 10.11.2010 in which the co-ordinate Bench has held as under: 7. The Petition has been contested by respondent no.4, the Director of Collegiate Education, to contend that the lecturers working in Government First Grade Colleges, Private Aided Degree Colleges and Private aided Law colleges were drawing the State pay scale of Rs. 1900-3650 till 31.12.1985. The Government by its order dated 30.03.1990 had revised the pay of lecturers granting them UGC pay scales of Rs.2200-4000 with effect from 1.1.1986. The same were not extended to lectures working in the priv...


Aug 17 2016

Andhra Pradesh Tourist Development Corporation, Hyderabad Vs. The Assi ...

Court: Karnataka Kalaburagi

Decided on: Aug-17-2016

(Prayer: The writ petitions are filed under Art. 226/227 of the Constitution of India praying to quash the orders of the 2nd respondent passed in appeal No.29/2007 c/w appeals No.3 to 28/2007 - Annexure-D in which the order of the 1st respondent in Annexure-C1 to C26 is merged.) 1. The Andhra Pradesh Tourist Development Corporation (APTDC, for short) has approached this Court by way of the present writ petition aggrieved by the orders passed by the respondent taxation authorities of the Transport Department of the State of Karnataka and for quashing of the order passed by the 2nd respondent Deputy Commissioner for Transports dismissing its appeal No.29/2007 vide order dated 15.10.2009 and the impugned assessment orders passed by the Assistant Commissioner and refusing to grant the exemption from payment of tax under the provisions of the Karnataka Motor Vehicles Taxation Act, 1957 despite exemption Notification dated 22.3.1994. 2. The petitioner APTDC claimed such exemption from paymen...


Aug 17 2016

Andhra Pradesh Tourist Development Corporation Vs. The Assistant Regio ...

Court: Karnataka Kalaburagi

Decided on: Aug-17-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE17h DAY OF AUGUST2016BEFORE THE HONBLE Dr JUSTICE VINEET KOTHARI Writ Petitions 83491/ 2009 & 80313-80338/2010 (T -MVT) Between Andhra Pradesh Tourist Development Corporation, (Andhra Pradesh State- Government Undertaking), Tourism House, 3-53891, Hymayathanagar, Hyderabad 500 029 Reptd. by its Managing Director (By Mr Amresh S Roja & S V Krishnaswamy, Advocates) Petitioner And 1.2. The Assistant Regional- Transport Officer Humnabad Check Post Humnabad, Bidar District. The Deputy Commissioner For Transports, Gulbarga Division, Gulbarga. (By Mr Syed Habeeb, AGA for R1 & R2) Respondents The writ petitions are filed under Art. 226/227 of the Constitution of India praying to quash the orders of the 2nd respondent passed in appeal No.29/2007 c/w appeals No.3 to 28/2007 - Annexure-D in which the order of the 1st respondent in Annexure-C1 to C26 is merged. Date of order:17. 8.2016 WP834912009 & 80313-80338/2010 A P Tourist Dev...


Aug 11 2016

Shanubai and Others Vs. S.K. Mahaboob Basha and Another

Court: Karnataka Kalaburagi

Decided on: Aug-11-2016

(Prayer: This MFA filed under Section 173 (1) of MV Act, praying to call for records, to modify the judgment and award dated 05.09.2015 passed in MVC No. 1329/2014 on the file of the Court of Principal Senior Civil Judge and Motor Accident claims Tribunal No. V Vijaypur at Vijaypur and allow this appeal by enhancing the compensation amount by Rs. 9,75,000/- only and etc.) 1. This is claimants' appeal for enhancement compensation against the judgment and award dated 05th September 2015 made in MVC No.1329/2014 on the file of the Prl. Senior Civil Judge and MACT-V, Vijayapura, ('MACT' for short) awarding compensation of Rs.9,20,000/- with interest at 9% per annum from the date of petition till realization. 2. It is the case of the claimants before the MACT that on 17.05.2014 at about 8.15 pm near Kumbar Vasti, on Tikota to Babanagar Road, when the deceased was on the way to his agricultural land at Babanagar on his motor cycle bearing registration No.KA-29/E-23, the driver of the goods p...


Aug 03 2016

Ramesh Vs. The Chairman Life Insurance Corporation of India Central Of ...

Court: Karnataka Kalaburagi

Decided on: Aug-03-2016

(This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to allow the appeal and set aside the order of learned single Judge, dated 05.07.2016 passed in W.P.No.205726/2016 and consequently allow the writ appeal filed by appellant and quash the transfer order of appellant vide No. PandIR/DESK-1/87/2015-16 dated 23.09.2015 passed by respondent No.2 which is at Annexure-A.) Dr. Vineet Kothari, J. 1. Mr. P. Vilaskumar Marthand Rao, Advocate for Appellant Mr. Uday P. Honguntikar, Advocate C/Respondent No.1 to 3. This Intra Court Appeal has been filed by the petitioner/ Ramesh Vaggan, who is working as Asst. Administrative Officer, in the respondent Life Insurance Corporation, aggrieved by the dismissal of his writ petition No.205726/2015, by the learned Single Judge of this Court on 05.07.2016. 2. The grievance brought by the petitioner before the learned Single Judge in the writ petition was his transfer from Raichur to Bangalore and the transfer order dated 23.09...



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