Karnataka Kalaburagi Court March 2017 Judgments
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The State of Karnataka, rep. by the Principal Secretary to Government, ...
Court: Karnataka Kalaburagi
Decided on: Mar-30-2017
(Prayer: This writ appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order of the Learned Single Judge dated: 22.03.2016 in W.P.No.200709/2016 (ELE).) B.V. Nagarathna, J. 1. Though these appeals are listed for admission, with the consent of learned counsel on both sides they are heard finally. 2. Writ Appeal No.200250/2016 is preferred by the State, while Writ Appeal No.200098/2016 is preferred by Smt. Mallamma W/o Mallanna respondent No.5 in Writ Petition No.200709/2016. 3. These appeals have been filed, assailing order dated 22.03.2016, passed by the learned Single Judge of this court. 4. Briefly stated, the facts are that, the writ petitioner had assailed notification dated 24.02.2016 (Annexure-C to the writ petition) under which inter alia, the Office of President of the Urban Local Body namely, Town Municipal Council, Jewargi has been reserved for BCB-Woman. The Office of Vice-President has been reserved for Scheduled Caste woman. The conten...
Bhagamma @ Bhagyashree Vs. Bhimraya
Court: Karnataka Kalaburagi
Decided on: Mar-30-2017
(Prayer: This RPFC is filed under Section 19(4) of the Family Courts Act, praying to set-aside the order passed by District Judge, Family Court, Kalaburagi in Crl.Misc.No.80/2014 dated 06.08.2016 and respondent may kindly be directed to pay maintenance of Rs.5,000/- per month to the petitioner.) 1. Though this revision petition is listed for admission, with the consent of learned counsel on both sides, it is heard finally. 2. The petitioner herein has filed this revision petition being aggrieved by the dismissal of Criminal Miscellaneous No.80/2014, by the Family Court at Gulbarga, by order dated 06.08.2016. The same was filed under Section 125 of Criminal Procedure Code 1973, (Cr.P.C.). 3. Briefly stated, the facts are that respondent herein is stated to be the father of the petitioner herein. According to the petitioner, the respondent was married to her mother Kallamma about 19 years ago. Out of the said wedlock the petitioner was born on 12.10.1997. That petitioner s parents are re...
Waheed Patel and Others Vs. The Chief Engineer, ID, IP Zone, Gulbarga ...
Court: Karnataka Kalaburagi
Decided on: Mar-27-2017
(Prayer: This MSA filed under Section 54 (2) of the Land Acquisition Act, against the judgment and decree dated 15.06.2011 passed in LACA No. 56/2010 on the file of IV Addl. District Judge, Gulbarga, dismissing the appeal filed against the judgment and award dated 09.09.2004 passed in LAC No.977/2001 on the file of the Prl. Civil Judge (Sr. Dn.), Gulbarga.) 1. The legal representatives of the claimant filed the present appeal against the judgment and award dated 15-06-2011 made in LACA No.56/2010 on the file of the IV Addl. District Judge, Gulbarga, dismissing the appeal on the ground of delay of 1944 days in filing the appeal. Facts of the case. 2. It is the case of the claimant that he is the owner of the land bearing Survey No.3/6 measuring 1 acre 3 guntas dry land situated at Belkota Taluka, Gulbarga District. The said land was submerged under Gandori Nala Project. The respondents issued preliminary notification under Section 4(1) of the Land Acquisition Act on 31.07.1997 and follo...
Waheed Patel S/O Kasheem Patel Vs. The Chief Engineer Ors
Court: Karnataka Kalaburagi
Decided on: Mar-27-2017
1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE27H DAY OF MARCH, 2017 BEFORE THE HONBLE MR. JUSTICE B.VEERAPPA MSA No.614/2011 (LA) BETWEEN: Waheed Patel S/o Kasheem Patel, Since deceased by his LRs.1.2. Ishaq Miyan S/o Waheed Patel, Age:32. years, Occ: Agriculture, R/o Belkota village Tq. & Dist. Gulbarga. Nasreen Begum W/o Ishaq Miyan, Age:29. years, Occ: Household, R/o Belkota village Tq. & Dist. Gulbarga. (By Sri. A.M.Biradar, Advocate) AND:1. 2.3. The Chief Engineer, ID, IP Zone, Gulbarga. The Executive Engineer, KNNL, Gandori Nala Project, Division Mahagaon. Tq. & Dist. Gulbarga. The Special Land Acquisition Officer, MIP, Gulbarga. ... Appellants (By, Smt. Archana P. Tiwari, AGA for R1 & R3; By, Sri. Gourish S Khashampur, Advocate for R2) ... Respondents 2 This MSA filed under Section 54 (2) of the Land Acquisition Act, against the judgment and decree dated 15.06.2011 passed in LACA No.56/2010 on the file of IV Addl. District Judge, Gulbarga, dismissing the app...
The Assistant Regional-Transport Officer, Humnabad and Another Vs. And ...
Court: Karnataka Kalaburagi
Decided on: Mar-23-2017
(Prayer: These Writ Appeals are filed under Section 4 of the Karnataka High Court Act, praying to allow these appeals and set aside the order dated 17.08.2016 passed in W.P.Nos.83491/2009 and 80313-80338/2010 (T-MVT) by the learned Single Judge of this Court.) Aravind Kumar, J. 1. This intra Court appeal is directed against the order dated 17.08.2016 passed in W.P.No.83491-80313-80338/2010 (T-MVT) whreunder learned Single Judge has allowed the writ petition and has quashed the impugned orders passed by Assistant Regional Transport officer dated 23.04.2007 Annexure-C1 to C26 and the order dated 15.10.2008 Annexure-D passed by Deputy Commissioner for Transports by concluding that petitioner Corporation is entitled to claim tax exemption in respect of its tourist vehicles by virtue of notification dated 22.03.1994. 2. Facts in brief which has led to the filing of these Writ Appeals are as under: Petitioner is a State Transport Development Corporation formed by the Andhra Pradesh State ...
Santosh and Others Vs. The State of Karnataka, Department of Commerce ...
Court: Karnataka Kalaburagi
Decided on: Mar-17-2017
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to issue a Writ of Certiorari quashing the impugned notifications Annexure-B Dated: 24.07.2012 issued u/s 3 (1) of KIADB Act in No.CI/239/SPQ/2012 and also notification Annexure-C u/s 28 (1) Dated:23.07.2012 in No.CI/239/SPQ/2012 and also the impugned notification Annexure-F Dated: 14.06.2013 in No.CI/279/SPQ/2013 issued u/s 28 (4) in so far as the Petitioners Lands are concerned and also the impugned resolutions Annexure-G and H passed by the 4th respondent and 2nd Respondent Dated: 31.10.2013 and 30.11.2013 and etc., These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to issue a Writ of Certiorari quashing the impugned notifications Annexure -C Dated: 23.07.2012 issued u/s 3 (1) of KIADB Act in No.CI/239/SPQ/2012 passed by the 2nd respondent and notification Annexure-D filed by 2nd respondent u/s 28 (1) Dated: 23.07.2012 in No.CI/239/SPQ...
Devappa and Others Vs. The State of Karnataka (Through Excise Jaalahal ...
Court: Karnataka Kalaburagi
Decided on: Mar-14-2017
(Prayer: This Criminal Petition is filed under Section 438 of Cr.P.C., praying to direct the respondent-Police to release the petitioners on bail in the event of their arrest in Crime No.127/2016 of Jaalahalli Police Station, which is registered for the offences punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and also for the offences punishable under Sections 147, 506, 509, 504, 447, 354 r/w Section 149 of IPC.) 1. This petition is filed by the petitioners/accused Nos.1 to 11 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.127/2016 of Jalhalli Police Station, Raichur, registered for the offences punishable under Sections 147, 506, 509, 504, 447, 354 r/w Section 149 of IPC and also for the offences punishable under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. 2. Brief facts leading to filing of the complaint are that, the complainant filed the complaint on 20.12.2016 alleging that the...
Timmappa Vs. The State of Karnataka, Through Yaragera P.S.
Court: Karnataka Kalaburagi
Decided on: Mar-10-2017
(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C. praying to set aside the impugned Judgment of conviction and order of sentence dated 20.10.2015 passed in SC No.68/2015 by the II Addl. Dist. and Sessions Judge at Raichur by allowing this appeal and also prayed to acquit the appellant/accused of the charges leveled against him.) 1. This appeal is preferred by the accused assailing the judgment of conviction dated 20.10.2016 passed by II Additional District and Sessions Judge, Raichur in SC No.68/2015 whereunder accused was convicted for the offences punishable under Sec. 448, 376 and 506 of IPC. 2. The case of the prosecution in brief as per the complaint are that on 5.12.2014 at about 1:00 PM when the victim was bringing the headload of firewood and keeping the same by the side of tin cattle shed in Sy.No.333/Ee at Wadwatti village went inside for drinking water, at that time accused appellant came from behind by trespassing into the said cattle shed, hugged the v...
Devappa and Others Vs. The State of Karnataka, Represented by SPP
Court: Karnataka Kalaburagi
Decided on: Mar-09-2017
(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C., praying to release the accused petitioner on bail in Crime No.273/2014 of Shahapur P.S. pending on the file of Sessions Judge at Yadgir in S.C.No.22/2015, which is registered for the offences P/U/Sec. 143, 147, 148, 504, 506, 302, R/W 149 of IPC.) 1. This petition is filed by the petitioners/accused Nos.3, 4 and 7 under Section 439 of Cr.P.C., seeking regular bail in Crime No.273/2014 of Shahapur Police Station, registered for the offences punishable under Sections 143, 147, 148, 504, 506, 302 r/w Section 149 of IPC. 2. Gist of the complaint lodged by one Mr. Subhash father of the victim was to the effect that his son deceased-Venkoba was married to one Smt. Rajeshwari, daughter of Lalayya Guttedar on 22.03.2014 and prior to his marriage he had a love affair with one Miss. Bhagyashree (CW.12) and complainant had assured members of CW.12's family that marriage of his son Venkoba (deceased) would be performed with CW....
Abdul Majeed and Others Vs. Chandrakanth and Others
Court: Karnataka Kalaburagi
Decided on: Mar-08-2017
1. Petitioners are before this Court aggrieved by the order of the Trial Court whereby their application filed under Section 37 read with 34 of the Karnataka Stamp Act, 1957 ('Act' for brevity) and Section 151 of CPC, for collecting the duty and penalty on an agreement of sale dated 2.4.2002 is rejected on the ground that unregistered agreement of sale is not admissible in evidence, hence, the question of collecting the stamp duty and penalty does not arise at all. 2. Sri. Apparao Sugoor, learned Counsel for the petitioners (plaintiffs) submits that the original plaintiff filed a suit for specific performance of the contract and for perpetual injunction against the defendant/respondent herein and at the same time, the respondent has also filed a suit for declaration and injunction against the plaintiff in O.S. No.77/2011. Both suits are dubbed and are tried together. The plaintiff since was well acquainted with the defendant entered into contract to purchase the suit property for a con...
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