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Karnataka Kalaburagi Court April 2017 Judgments

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Apr 13 2017

Veerashetty and Another Vs. Suresh

Court: Karnataka Kalaburagi

Decided on: Apr-13-2017

(Prayer: This RPFC filed under Section 19 (4) of the Family Courts Act, praying to call for records and set aside the judgment and order dated 9.2.2017 passed by the District Judge, Family Court, Kalaburagi, in Crl. Misc.No.90/2015.) 1. Parties are referred to as per their ranking before the Family Court. 2. It is most unfortunate that the educated sons i.e., lecturer and driver have filed the present revision petition against the order dated 09.02.2017 made in Crl.Misc.No.90/2015 on the file of the District Judge, Family Court, Kalaburagi allowing the petition filed by the respondent petitioner, who is the father of the present petitioners-respondents, directing to pay maintenance of Rs.5,000/- per month by respondent No.1 and Rs.2,500/- per month by respondent No.2 from the date of the petition. 3. The present respondent, who is the father of the petitioners aged about 67 years filed a claim petition under Section 125 of the Criminal Procedure Code before the Family Court against h...


Apr 12 2017

Soniya Sunil Mule and Others Vs. Vishnukanth Narasappa Jamadar and Ano ...

Court: Karnataka Kalaburagi

Decided on: Apr-12-2017

B. Veerappa, J. 1. Though the matter is listed for admission, with the consent of learned counsel appearing for both the parties, it is taken up for final disposal. 2. The claimants who are the wife, parents, brother and sister of the deceased have filed the present appeal for enhancement of compensation against the judgment and award 13-8-2015 made in MVC No. 552/2012 on the file of II Addl. District and Sessions Court and Addl. MACT. Bidar, sitting at Basavakalyan (hereinafter referred to as 'Tribunal' for short), awarding compensation of Rs.8,99,000/- with interest at 7% per annum from the date of petition till realization. 3. It is the case of claimants before the Tribunal that on 25-5-2013 at about 11.30 a.m., deceased Sunil was proceeding to his shop situated at Bhalki on his motorcycle bearing No.MH-14/AC-6759. When he reached near Dadgi village on Bhalki-Basavakalyan road, a lorry bearing No.KA-39/4467 came from back side in a rash and negligent manner, dashed against him and c...


Apr 06 2017

Siddamma and Others Vs. Mahendra and Another

Court: Karnataka Kalaburagi

Decided on: Apr-06-2017

(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicle Act, against the judgment and award dated 31.01.2013 passed in MVC No.5/2011 on the file of MACT No.V, Bijapur, partly allowing the claim petition and seeking enhancement of compensation.) B. Veerappa, J. 1. Though this appeal is listed for admission, with the consent of learned counsel for both the parties, the matter is taken up for final disposal. 2. The claimants who are the wife, children and mother of deceased have filed the present appeal for enhancement of compensation, against the judgment and award doted 31.01.2013 made in MVC No.5/2011 on the file of the Member, MACT-V, Bijapur, awarding compensation of Rs.17,68,000/- with interest at 6% per annum from the date of petition till deposit. 3. It is the case of the claimants that on 26.04.2010, when the deceased and another were proceeding on a motor cycle bearing registration No.MH-13/X-1443 towards Solapur from Barshi and reached near Kole...


Apr 05 2017

The State through Aland Police Station Represented by Addl. State Publ ...

Court: Karnataka Kalaburagi

Decided on: Apr-05-2017

(Prayer: This Criminal Appeal is filed under Section 378(1) and (3) of Cr.P.C. praying to grant leave to appeal against the Judgment and Order of Acquittal Dated 08.02.2011 passed by the II Additional Sessional Judge at Gulbarga in Special Case No.240/2010, thereby acquitting the respondents-accused for the offence punishable under Sections 143, 148, 504, 324, 336 read with Section 149 of IPC and also Section 3(1) (x) of SC/ST (PA) Act, 1989. This appeal having been heard, reserved for judgment and coming on for pronouncement of judgment this day, the Court delivered the following:- 1. This appeal is preferred by the State by assailing the judgment dated 08.02.2011 passed by the II Addl. Additional Sessions Judge, Gulbarga in S.C.No.240/2010 for having acquitted the accused No.1 to 21 for the offence punishable under Sections 143, 148, 504, 336, 506 read with Section 149 of Indian Penal Code and also under Section 3(1)(x) of SC/ST (PA) Act, 1989. 2. The case of the prosecution in brief...


Apr 05 2017

Gangamathasthra Meenugarara Sahakara Sangha, (Regd.,), Represented by ...

Court: Karnataka Kalaburagi

Decided on: Apr-05-2017

(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 mandamus and direct the respondents to consider the application filed by the petitioner for registration of the lease, the copy of which is at Annexure-E and etc.) 1. It is unfortunate that the petitioner Gangamathasthra Meenugarara Sahakara Sangah is before this Court for a writ of mandamus directing the respondents to consider the application filed by the petitioner for registration of the lease as per Annexure E. 2. It is the case of the petitioner that the petitioner Society is registered under the Societies Registration Act with the sole object of carrying on the business in fisheries. There is a huge lake (Kere) known and called as Rajesh Kere spread over about almost 100 hectares of land in Merched village of Raichur Taluka. The said lake was formed prior to the independence. The Government of Karnataka in order to harness the fisheries all ...


Apr 05 2017

Balbheem Vs. Sudhip and Another

Court: Karnataka Kalaburagi

Decided on: Apr-05-2017

(Prayer: This Miscellaneous First Appeal is filed under Section 173(1) of M.V. Act against the judgment and award dated 02.09.2014 passed in M.V.C.No.1007/2013 on the file of III Addl. Senior Civil Judge and MACT, Gulbarga, partly allowing the claim petition and seeking enhancement of compensation.) B. Veerappa, J. 1. Though the matter is listed for admission, with the consent of learned advocates appearing for both the parties, this appeal is taken up for final disposal. 2. Appellant-petitioner herein filed the present appeal for enhancement of compensation against judgment and award passed MVC No.10007/2013 dated 02.09.2014 on the file of III Addl. Senior Civil Judge and MACT at Gulbarga awarding compensation of Rs.2,47,986/- with 6% interest from the date of claim petition till realization. 3. It is the case of appellant-petitioner that on 06.04.2013 at about 5.15 p.m. when the appellant-petitioner after completion of his meson work at Kesaratagi village was proceeding to Gulbarga b...


Apr 05 2017

Laxmi and Others Vs. Maruthi and Another

Court: Karnataka Kalaburagi

Decided on: Apr-05-2017

(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act 1988, praying to call for records and allow the appeal and enhance the compensation as claimed in the claim petition by modifying the Judgment and Award dated 30.7.2014 passed in M.V.C.No.357/2013 by the Addl. Senior Civil Judge and Addl. MACT-II, Bidar.) B. Veerappa, J. 1. By consent the learned counsel appearing for both the parties, this appeal is taken up for final disposal. 2. The unfortunate appellants are before this court seeking enhancement of compensation against the judgment and award dated 30.7.2014 made in MVC No.357/2013 on the file of the Prl. Senior Civil Judge and CJM and MACT-II, Bidar awarding compensation of Rs.9,68,000/- with interest at 6% p.a. from the date of petition till the date of realization. 3. The 1st appellant is the wife, appellants No.2 to 5 are the children and appellant No.6 is the mother of the deceased Sidram @ Sidramappa contending that on 25 11.2012 at a...


Apr 05 2017

Narayan and Others Vs. M/s. Sundaram Pvt. Ltd., and Another

Court: Karnataka Kalaburagi

Decided on: Apr-05-2017

(Prayer: This Miscellaneous First Appeal is filed under Section 173(1) of Motor Vehicle Act, praying to enhance the compensation amount payable to the appellant by suitably modifying the judgment and award dated 28.06.2014 passed by the learned Member, MACT and FTC, Bijapur, in MVC No.578/2010.) B. Veerappa, J. 1. Claimants who are father, mother and younger brother of the deceased are before this court for enhancement of compensation against the Judgment and Award dated 28.06.2014 made in MVC.No.578/2010 on the file of Member of Motor Accident Claims Tribunal and Fast Track Court, Vijayapur awarding compensation of Rs.10,05,000/- with 6% interest per annum from the date of the petition till realization. 2. It is the case of the claimants before Tribunal that on 30.03.2010 deceased Kiran Narayan Pawar and the injured were travelling in Motor Cycle bearing Reg.No.MH-13/AP-9468 at about 02.15 P.M. from Sholapur to Pandhrapur and near Kamati village, a Container bearing Reg.No.TN-01/AD-31...


Apr 04 2017

Zahoor Khan and Another Vs. The Principal Secretary to Urban Developme ...

Court: Karnataka Kalaburagi

Decided on: Apr-04-2017

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue writ of certiorari quashing impugned order dated 10.03.2017 in No. KANNADA 2016-17 issued by the respondent No.2 for conducting the elections to T.M.C. Wadi (Jn.) as per Annexure-F, etc.) 1. The petitioners who claim to be voters of Ward No.23 of Wadi (Jn.), Chittapur taluk, Kalaburagi district are before this Court for a writ of certiorari to quash the impugned order dated 10.03.2017 in No. KANNADA 2016/17 issued by the second respondent as per Annexure-F appointing the Election Officer, Assistant Election Officer, MCC Team and Accounts Officer for conducting elections to the Town Municipal Council (for short TMC ), Wadi (Jn.) and also for a writ of mandamus directing the respondents to consider their representations dated 17.12.2016 as per Annexure-C dated 13.03.2017 as per Annexure-G.I. FACTS OF THE CASE 2. It is the case of the petitioners that the first respondent ...


Apr 03 2017

Sharnappa Vs. The State of Karnataka

Court: Karnataka Kalaburagi

Decided on: Apr-03-2017

(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C praying to call for records in S.C.No.225/2008 for perusal and allow this appeal by setting aside the judgment and order of conviction and sentence dated 25.2.2011 and 1.3.2011 respectively passed by the II Addl. Sessions Judge, Gulbarga and consequently acquit the appellant of the charge leveled against him). 1. This appeal is preferred by the accused No.1/appellant assailing judgment of conviction dated 25.2.2011 passed by II Additional Sessions Judge, Gulbarga in SC No.225/2008 where under accused No.1 was convicted for the offences punishable under Sec.498-A and 306 of IPC and accused No.2 and 3 were acquitted of the charges leveled against them. 2. The case of the prosecution in brief as per the complaint are that, about 13 years back the younger sister of the complainant Smt. Devaki was given in marriage to the accused No.1-Sharanappa. Thereafter, they have begotten four children. It is further alleged that at ...


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