Karnataka Court December 2014 Judgments
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Cognizant Technology Solutions India Pvt. Ltd. and Others Vs. State of ...
Court: Karnataka
Decided on: Dec-16-2014
(Prayer: This Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash By A Writ Of Certiorari Or Any Other Writ, Order Or Direction The Notice Dtd.24.11.2014 Bearing No.Sslr/Tnl/Misc/Misc: 663/2014-15 Issued By Respondent No.3 Vide Annexure E' As Illegal, Arbitrary and Unsustainable And Etc., These Petitions Are Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Issue A Writ In The Nature Of Mandamus Or Any Other Appropriate Writ, Order Or Direction Declaring That The Survey Done By Respondent No.3 Is Not In Accordance To Law And Highly Arbitrary And Illegal (In So Far As Petitioner Is Concerned) And Etc. W.P.No.57213/2014 Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Declare That Any Survey Carried Out By Respondent Nos.5 And 6 In Pursuance Of The Notice Bearing No.SSLR/Tnl.Misc/Misc: 663/2014-15 Dated 24.11.2014 Issued By The Respondent No.6 Vide Annexure-Z As Illegal And Quash The Same.) 1. Issues...
Shivappa Fakirappa Badavannavar Vs. Manjunath and Others
Court: Karnataka Dharwad
Decided on: Dec-16-2014
(Prayer: This W.A. is filed U/S.4 of the Karnataka High Court Act, Praying that the Order Dated 20.10.2014, passed by the Learned Single Judge, In W.P. No. 102919/2014, May Kindly Be Set Aside, By Allowing This Writ Appeal.) 1. The order dated 20.10.2014 in W.P.No. 102919/2014 and connected matters is called in question in this appeal. 2. The short question to be decided in this appeal is as to whether examination-in-chief by way of affidavit shall be permitted, in the Election Petition arising out of election of Corporator/ Councilor of Municipal Corporation ? 3. By the impugned order, the learned Single Judge has held that there is no bar for the Court below to permit the submission of affidavit instead of recording of examination- in-chief by the Court. 4. Sri Nataraj, learned Senior Advocate appearing on behalf of the appellant, drawing the attention of the Court to another judgment of this Court passed by learned Single Judge in Election Petition No.07/2008 decided on 12.01.2011, ...
Mohan Manghnani Vs. The Assistant Commissioner Bangalore and Others
Court: Karnataka
Decided on: Dec-16-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, Praying to quash order Dtd. 2.6.12 passed by the R5 bearing No.SC ST(A) 30/2007-08 Vide Annex-A.) 1. I.A.2/2013 is filed under Order I Rule 10(2) CPC by one Muniyakka to implead herself as additional respondent No.9. In the application, she has contended that she is the sister-in- law of respondent No.2 Kittappa, who is one of the legal representatives of the original grantee and therefore, she is a proper and necessary party to this proceeding. As Kittappa is already on record and as the impleading applicant is also heard in the matter, there is no impediment to allow the application. Hence, LA.2/2013 is allowed. Applicant - Muniyakka is permitted to come on record as additional respondent No.9. Petitioner to amend the cause title. 2. In this writ petition, petitioner is calling in question the order dated 02.06.2012 passed by the Deputy Commissioner, Bengaluru District, Bangalore, vide Annex...
Pushpa Shetty Vs. The Assistant Revenue Officer BBMP and Others
Court: Karnataka
Decided on: Dec-16-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of Constitution Of India Praying To Issue A Writ In The Nature Of Declaration That The Entire Proceedings Of The 1st Respondent Authority Commencing From The Registration Of Municipal Katha No.07 In The Name Of The 8th Respondent As Evidenced By Special Notice Dated 03/02/2010 As Per Annexure - A1 Including The Order Of Levying Property Tax Pertaining To The Alleged Landed Property Measuring 18.06 Guntas On Gunta Basis In Kaggadasafura Village, Hal Airport Ward Of Bbmp As More Fully Borne Out By Katha Certificate Dated 04/02/2010 Issued By The 1st Respondent In The Name Of The 8th Respondent As Per Annexure A2 And Also The Entry Of The 8th Respondents Name Found In The Property Register Of The 5th Respondent As Per Annexure A3 Dated 08/02/2010, Are Totally Against The Statutory Provision Contemplated Under Section - 114 Of The Karnataka Municipal Corporation Act, 1976 As Amended And Apparent Tenor Of The Property Regist...
Ashok Shekappa Mudakavi and Others Vs. Government of Karnataka, Repres ...
Court: Karnataka
Decided on: Dec-16-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order At Annexure-C Dated 02.11.2012, Issued/ Passed By The Committee Headed By R2.) D.H. Waghela, C.J. (Oral): 1. The petition is filed as public interest litigation against illegal operation of stone crusher units in and around village: Kolhar, Basavan Bagewadi Taluk, Vijavapura District. It is alleged that the stone crusher units were established and working in contravention of the provisions of Section 6 of the Karnataka Regulation of Stone Crushers Act, 2011 ('Act' for short). It is further alleged that, on account of declaration of certain areas as 'safer zones' under the said Act, some of the crusher units were claiming to be operating in safer zones although such zone was within a distance of 500 meters of Koihar village and 2.50 meters from the National Highway. The challenge to declaration of safer zones vide proceedings of District Level Stone Crushing Control Co...
Shivappa Fakirappa Badavannavar Vs. Manjunath S/O Basappa Badakuri,
Court: Karnataka Dharwad
Decided on: Dec-16-2014
R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE16H DAY OF DECEMBER, 2014 PRESENT THE HONBLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR AND THE HONBLE MR.JUSTICE K.N.PHANEENDRA WRIT APPEAL No.100945/2014 (LB-ELE) BETWEEN: SHIVAPPA FAKIRAPPA BADAVANNAVAR AGE:54. YEARS, OCC: AGRICULTURE & BUSINESS, R/O: MYAGERI ONI, DHARWAD, DIST: DHARWAD. ... APPELLANT (BY SRI. K.M.NATARAJ, SR. COUNSEL FOR SRI. J S SHETTY, ADVS.) AND1 MANJUNATH S/O BASAPPA BADAKURI, AGE:32. YEARS, OCC: AGRICULTURE, R/O TALAWAR ONI, NAVALUR, DIST: DHARWAD.2. MANJUNATH S/O VISHNU VERNEKAR AGE: MAJOR, OCC: BUSINESS, R/O JANATA PLOT, NAVALUR, DHARWAD.3.4. PARASURAM S/O LAXMAN MANE, AGE :45. YEARS, OCC: BUSINESS, R/O NAVALUR CHAWANI, NAVALUR, TQ: & DIST: DHARWAD. BASAVARAJ S/O KAREPPA CHIKKANNAVAR, AGE:42. YEARS, OCC: AGRICULTURE, :2. :5. 6. R/O KURUBAR ONI, RAYAPUR, TQ & DIST: DHARWAD. THE RETURNING OFFICER, WARD No.21, HUBLI DHARWAD MUNICIPAL CORPORATION, ELECTION2013 OFFICE OF THE HDMC, DHARWAD. THE STATE OF KARNATA...
Guthemma Kom Fakira Chalvadi Vs. Bhangarya Bista Naik Dasan and Others
Court: Karnataka Dharwad
Decided on: Dec-15-2014
(Prayer: This Writ petition is filed under Articles 226 and227of the Constitution of India praying to quash the order dated 19.9.2005 vide Annexure -J and order dated 3.11.2004 vide Annexure-E and to allow the above writ petition.) 1. The facts of the case are as follows: 2. It is stated that land bearing survey no.232, measuring about 8 acres ana 19 guntas of Kanthraji village, Sirsi Taluk, North Kannada District was granted to the petitioner's late husband, Fakira Basavanna Chalavadi, on 20.4.1959. He is said to have belonged to a Scheduled caste. The grant was said to be coupled with a condition that it shall not be alienated or sub-divided, in perpetuity. The grant was free of cost. It transpires that Chalavadi died as on 8.12.2002. The petitioner is said to have sought for transfer of the property in her favour after the death of her husband. It is then that she was made aware that her husband and she had executed a sale deed in respect of the property in favour of the first respo...
V.K. Mohammed Habebulla, rep. by his LRs and Others Vs. H.M. Venkatasw ...
Court: Karnataka
Decided on: Dec-15-2014
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 20.2.2004 by R2-Tribunal vide Ann-F.) 1. Petitioners are before this Court seeking quashing of order dated 20.2.2004 passed by respondent No.2 vide Annexure-'F' granting occupancy rights in respect of land bearing Sy.No.81/3 measuring 30 guntas and Sy.No.82/3 measuring 9 guntas of Hulimavu village, Begur Hobii, Bengaluru South Taluk in favour of respondent No.1. 2. Heard the learned counsel appearing for the parties. 3. It is the case of the petitioners that the properties in question were purchased by their father Mohammed Habebulla on 2.8.1971 from respondent No.1 and from that date, till his death, the petitioners' father used to cultivate the lands and was in actual possession of the same and after the death of their father, the petitioners are in occupation of the lands. 4. The first respondent filed an application in Form No.7 before the Land Tribunal for grant...
Smt Guthemma Kom Fakira Chalvadi Vs. Sri Bhangarya Bista Naik Dasan
Court: Karnataka Dharwad
Decided on: Dec-15-2014
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE15H DAY OF DECEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.24411/2005 (SC/ST) Between: Smt.Guthemma Kom Fakira Chalvadi Aged about 70 years, Residing at Kanthragi, Sirsi, N.K. (By Shri S.G.Kadadakatti, Advocate) And:1. Shri Bhangarya Bista Naik Dasan, Aged about 59 years, Residing at Gudnapur, Sirsi, N.K. PETITIONER2 The Deputy Commissioner, Uttara Kannada, Karwar District.3. The Assistant Commissioner, Sirsi Division, Sirsi, N.K. RESPONDENTS (By Shri R.G.Hegde, Advocate for Respondent no.3, 2 Smt. K.Vidyavathi, Additional Government Advocate for Respondent Nos.2 and3) This Writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 19.9.2005 vide Annexure J and order dated 3.11.2004 vide Annexure-E and to allow the above writ petition. This Writ Petition having been heard and reserved on 4.12.2014 and coming on for Pronouncement of Orders...
The Branch Manager, Oriental Insurance Co. Ltd. and Others Vs. Kumar A ...
Court: Karnataka Gulbarga
Decided on: Dec-13-2014
(Prayer: This Miscellaneous First Appeal is filed U/S. 173(1) of MV ACT, against the Judgment and award dated: 30.04.2013 passed in MVC No:1079/2012 on the file of Motor Accident Claims Tribunal No.III at Bijapur, partly allowing the claim petition and awarding compensation of Rs. 20,41,000/- with interest at 6% P.A. This Miscellaneous First Appeal is filed U/S. 173(1) of MV ACT, against the Judgment and award dated: 30.04.2013 passed in MVC No:1080/2012 on the file of Motor Accident Claims Tribunal No.Ill at Bijapur, partly allowing the claim petition and awarding compensation of Rs.9,13,400/- with interest at 6% P.A. This Miscellaneous First Appeal is filed U/S. 173(1) of MV ACT, against the Judgment and award dated: 30.04.2013 passed in MVC No:1080/2012 on the file of Motor Accident Claims Tribunal No.Ill at Bijapur, partly allowing the claim petition and awarding compensation. This Miscellaneous First Appeal is filed U/S. 173(1) of MV ACT, against the Judgment and award dated: 30.0...
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