Karnataka Court August 2012 Judgments
Praveen Chandrashekhar Ganiger Vs. Adiveppa Sangappa Ganiger and Other ...
Court: Karnataka Dharwad
Decided on: Aug-24-2012
(Prayer: This appeal is filed under Order 43 rule 1(t) of CPC, 1908 against the orders on I.A.No.1 and II dated 29.07.2009 passed in Civil Misc. No.58/2009 on the file of the Fast Track Court-I, Chikodi, dismissing the IA I and II filed under Section 5 of the Limitation Act and under Section 151 of CPC.) This appeal is filed challenging the order dated 29.07.2009 dismissing I.A.Nos.1 and 2 and consequently, the petition filed under Order X Rule 9 of the Civil Procedure Code for setting aside order of dismissal of the appeal for non-prosecution also came to be dismissed. 2. The appellant and one Girimallappa and Shivaputrappa filed O.S.No.186/1992 claiming rights in respect of a well which, according to them, situate in the land bearing Sy.Nos.413/1 and 413/2 of Ainapur for declaration and injunction before the Civil Judge (Sr. Dn.), Athani. The defendants in the said suit had filed O.S.No.36/1986 claiming that they are the absolute owners of Sy.No.413/1 and the well exclusively falls w...
Tag this Judgment!Chandrashekar Vs. Revanasiddappa Danadamani and Another
Court: Karnataka Gulbarga
Decided on: Aug-23-2012
(Prayer: This MFA is filed U/S 173(1) of MV Act against the judgment and award dated 13-01-2010 passed in M.V.C.No.217/2008 on the file of Motor Accident Claims Tribunal No.VI Bijapur, partly allowing the claim petition and seeking enhancement of compensation.) 1. This appeal is directed against the judgment and award dated 13.01.2010 rendered by the Member, MACT-VI, Bijapur in MVC No.217/2008 whereby, the claim petition filed by the appellant-claimant has been partly allowed and the Tribunal has awarded a lumpsum compensation of Rs.70,000/- with interest @ 6% per annum from the date of petition till deposit of the amount. 2. The appellant-claimant met with an accident on 02.08.2006 when he was travelling in Tata Indica Car No.KA.25/B/B.1703 from Hubli to Gulbarga. The accident occurred on Bijapur - Gulbarga State Highway, while he was passing through Sindgi town. It is alleged that a driver of the car was driving it in a rash and negligent manner. The appellant claims that in the acci...
Tag this Judgment!Late Veerabhadrayya Chandrashekharayya Kadadevaramath Since Deceased b ...
Court: Karnataka Dharwad
Decided on: Aug-23-2012
(Prayer: This RSA is filed under Section 100 of CPC against the judgment and decree dated 27.02.2009 passed in R.A No.229/2002 on the file of the I Addl. Civil Judge (Sr.Dn.), Hubli allowing the appeal, filed against the judgment and decree dated 9.8.2002 passed in O.S No.272/1995 on the file of the Prl. Civil Judge (Jr.Dn.) Hubli, dismissing the suit filed for declaration and possessions and mense profit.) 1. This is the defendants' second appeal against the judgment and decree of the first appellate Court by which it set aside the judgment and decree of the trial Court and decreed the suit of the plaintiff as prayed for. 2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit. 3. The plaintiff Sri Siddeshwar is the adopted son of Kadayya. The subject matter of the suit is property bearing C.T.S. No. 2890, C.W. Ward No. 2, Hubli, Dharwad District, consisting of a house a open space which is surrounded by the properties which are more...
Tag this Judgment!Coastal Mines and Minerals, a Partnership Firms and Others Vs. State o ...
Court: Karnataka Dharwad
Decided on: Aug-23-2012
(Writ Petition Nos.64368-64375/2012 are filed under Articles 226 and 227 of the Constitution of India, quashing FIR 179/2012 Annexure-J filed by Respondent No.4 against the petitioners in Civil Lines, Police Station, Raipur, Chhattisgarh and also return all the books, documents and other materials belonging to the petitioners seized mentioned in Annexure-R.) 1. These petitions are heard and decided together since certain common issues arise. 2. In first of these petitions, petitioner no.1, M/s. Coastal Mines and Minerals (Hereinafter referred to as CMM, for brevity) is a registered partnership firm. Petitioner no.2, Prasanna V Ghotage (Hereinafter referred to as Ghotage, for brevity), is one of the partners of CMM. Petitioner no.3 has no connection with CMM. He is the General Manager of a proprietory concern, of which, Ghotage is the proprietor Petitioner no.4 claims that he is not at all associated either with Petitioner No.1 or 2. Petitioner no.5 is said to be the Export Manager of a...
Tag this Judgment!Ashok Vs. Pandurang and Others
Court: Karnataka Dharwad
Decided on: Aug-21-2012
DR. K. Bhakthavatsala, J. 1. In view of the order dated 31.5.2012 made in W PNo.67926/2011 by learned single judge, Honble Chief Justice by his special order dated 21.6.2012, has referred the following question to answer by this Larger Bench: Whether orders made under section 136(2) of the Karnataka Land Revenue Act, 1964 (in short, the Land Revenue Act) by the Assistant Commissioner in appeals preferred against the orders made under sub-section (4) or entry certified under sub-section (6) of section 129 of the Land Revenue Act, are subject to revision by Deputy Commissioner under sub-section(3) of section 136 of the Land Revenue Act? 2. Brief facts leading to the Reference may be stated as under: Petitioner filed the above Writ Petition under Articles 226 and 227 of the Constitution of India against the respondents, for quashing the order in No.RTS/AP/109/09-10 dated 23.5.2011 at Annexure-C on the file of respondent No.3/Assistant Commissioner, Chikodi, and order passed in No.RB/RTA/1...
Tag this Judgment!M.L Smt Seehta and ors. Vs. Krishna and ors.
Court: Karnataka
Decided on: Aug-17-2012
1. Learned Government Pleader is directed to take notice for respondents in W.P. Nos.16779-16785 of 2012.2. The Government by issuing an advertisement inviting the applications from the qualified candidates, has appointed these petitioners for the purpose of supervision of the Libraries established at various Grama Panchayats. These petitioners claim that they have been appointed as Library Supervisors and are working for several years. However, their services have not been regularized.3. The Government had issued a circular dated 02.01.2001 prescribing certain guidelines in the matter of appointing Library Supervisors on honorarium. Initially, these petitioners were paid Rs.300/- per month, which was increased to Rs.500/-, further, increased from: Rs.500/- to Rs.750/-; Rs.750/- to Rs.1,000/-; Rs.1,000/- to Rs.1,500/- and now, they are being paid Rs.2,500/- per month.4. Some of the petitioners claim to have been working for more than 10 years continuously and some of them for more than...
Tag this Judgment!Mujeeb Mehboob Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-17-2012
(CRL.P. FILED U/S 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.110/2011 & SPL.C.C.NO.172/2011 OF KALASIPALYAM P.S., BANGALORE CITY, FOR THE OFFENCE P/U/S 20(II)(C) OF N.D.P.S. ACT.)1. The petitioner, said to be A-4, seeks bail in respect of the offence alleged under sections 20(ii) of the NDPS Act.2. The case of the prosecution in short is that, the investigating officer in question conducted a raid on Room No.27 of Super Lodge, near Pradeep Theatre, Bangalore on 24.5.2011 at 11.10 a.m. and seized 1 Kg 195 gms of charas at the instance of A-4 i.e. the petitioner herein and from other accused 6 Kgs of charges were seized. The charge sheet was submitted after completion of the investigation and the petitioners request for bail was turned down by the trail court.2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondent-State.3. Learned counsel for the petitioner submits by pointing to the chemical analysis report, t...
Tag this Judgment!The Corporation of City of Gulbarga and Another Vs. the State of Karna ...
Court: Karnataka Gulbarga
Decided on: Aug-10-2012
(Prayer: This writ appeal filed u/s 4 of the Karnataka High Court Act, 1961, to set aside the order/Judgment dated 21/01/2010 in WRIT PETITION No.47623/2004 (LB-RES) and W P No.4104- 116/2005 (LB-RES) passed by the learned single Judge of this Hon'ble Court and allow this Writ Appeal and dismiss the Writ Petition with costs. This writ appeal filed u/s 4 of the Karnataka High Court Act, 1961, to set aside the order/Judgment dated 21/01/2010 in WRIT PETITION No.4104-116/2005 (LB-RES) passed by the learned single Judge of this Hon'ble Court and allow this Writ Appeal and dismiss the Writ Petition with costs. This writ appeal filed u/s 4 of the Karnataka High Court Act, 1961, to set aside the order/Judgment dated 21/01/2010 in WRIT PETITION No.4104-4116/2005 (LB-RES) passed by the learned single Judge of this Hon'ble Court and allow this Writ Appeal and dismiss the Writ Petitions with costs. This writ appeal filed u/s 4 of the Karnataka High Court Act, 1961, to set aside the order/Judgment...
Tag this Judgment!H.M. Srinivas. Vs. the Assistant Commissioner Doddaballapur Sub-divisi ...
Court: Karnataka
Decided on: Aug-09-2012
(This writ petition filed under Article 226 of the Constitution of India praying to direct R1 to initiate suo-motu proceedings of the petitioners representation dtd.11.07.2012 vide Annex-C under PTCL Act and pass any such order or orders as this court may deem fit and proper. In the circumstances of the case and thus render justice.)Oral:Heard the learned Counsel for the petitioner and the learned Additional Government Advocate for the respondents. In this writ petition, the petitioner is seeking for a direction to respondent no.1 Assistant Commissioner to consider his application dated 11.07.2012 (Annexure-C). Learned Counsel for the petitioner submits that the aforesaid application is given to the Assistant Commissioner for restoration of the land to the petitioner by invoking the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (the Act). He further submits that the petitioner does not belong to any of the Schedul...
Tag this Judgment!Shri Umesh. Vs. Vijaya Bank, Rep by Its Managing Director and ors.
Court: Karnataka
Decided on: Aug-09-2012
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, prays that this Honourable Court be pleased to call for records in W.P. No.38283/2002 and set aside the order of the learned Single Judge dated 13.08.2008 and dismiss the writ petition.)1. These appeals are filed by the Writ Petitioner as well his Employer - Vijaya Bank, challenging the order of the learned Single Judge dated 13th August 2008 passed in W.P. No.38283/2002.2. Heard the learned Counsel for the parties.3. The facts leading to these appeals are as hereunder :The appellant - Umesh joined the Vijaya Bank on 25.11.1965 as a Clerk. He was promoted to the Officer cadre in Junior Management Scale-I in the year 1974 and thereafter as to the Manager cadre in Middle Management Scale II and further he was promoted to the Senior Manager cadre in Middle Management Scale III. He was working as Branch Manager, Senior Manager, in-charge of the Bank's small Scale Industries at Bangalore from 22.05.1995. On ...
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