Karnataka Court March 2014 Judgments
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Doddawa @ Lalita Vs. Chandrashekhar Kadappa Naganuri
Court: Karnataka Dharwad
Decided on: Mar-04-2014
(Prayer: This Miscellaneous First Appeal Is Filed Under Section 28 Of The Hindu Marriage Act, 1955, Praying To Set Aside The Judgement And Decree Dated 30.09.2011, Passed In M.C. No.28/2010, By The Senior Civil Judge, Hukkeri, Allowing The Petition Filed Under Section 13(IA) (IB) Of Hindu Marriage Act 1976, Etc.,.) 1. The appellant is before this Court assailing the judgment dated 30.9.201 1, passed in M.C.No.28/20 10, by the Senior Civil Judge, Hukkeri. 2. The fact that the appellant and the respondent are wife and husband respectively and that their marriage was solemnized on 24.3.1986 is not in dispute. Due to certain differences between them, the respondent herein has filed a petition in M.C.No.28/2010 under Section 13(ia) and (ib) of the Hindu Marriage Act, 1955, seeking dissolution of marriage. The Court below, by the impugned judgment has allowed the petition and ordered the dissolution of the marriage between the petitioner and the respondent. The appellant is therefore before ...
Ningappa and Others Vs. Shankar and Others
Court: Karnataka Dharwad
Decided on: Mar-04-2014
(Prayer: This Appeal Is Filed Under Section 100 Of Cpc Against The Judgment And Decree Dtd. 12.7.02 Passed In Ra No. 102/89 On The File Of The Prl. District Judge, Dharwad, Dismissing The Appeal And Confirming The Judgment And Decree Dated. 31.3.80 Passed In O.S.No.46/76 On The File Of The Prl. Civil Judge and Jmfc, Dharwad.) 1. This is an appeal by the defendants of an original suit bearing O.S.No.46 / 1976, which was pending on the file of the Court of Civil Judge (Jr.Dn.), Dharwad. 2. Appellants were the defendants in the said suit. Deceased respondent-Shankar was the only plaintiff in the said case. Parties will be referred to as plaintiff and defendants as per their ranking given in the trial Court. 3. Claiming himself to be the son of the deceased 1st defendant - Kallappa through his second wife Venkavva, plaintiff had filed a suit for the relief of partition and separate possession claiming 1 /5th share in all the schedule properties. According to the plaintiff, 1st defendant Ka...
State of Karnataka Vs. B.G. Raghu and Others
Court: Karnataka
Decided on: Mar-03-2014
(Prayer: This Appeal Is Filed Under Section 378(1) and (3) Cr.P.C., Praying To Grant Leave To File An Appeal Against The Judgment Dated 26.09.2009, Passed In S.C.No. 114/2002, On The File Of X Additional City Civil And Sessions Judge At Bangalore, Acquitting Respondents/Accused Nos.1, 3, 4 and 6 Of Offences Punishable Under Sections 498-A R/W 109, 313 R/W 34 Ipc And Also Of Offences Punishable Under Sections 3 and 4 Of Dowry Prohibition Act R/W 34 Ipc.) 1. The respondents (hereinafter referred as 'accused 1,3, 4 and 6') were tried along with accused 2 and 5 for offences punishable under sections 498A r/w 109, 313 r/w 34 IPC and also for offences punishable under sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short, 'the D.P.Act'). Accused 2 and 5 died during pendency of trial. The case against accused 2 and 5 abated. The learned trial Judge has acquitted accused 1, 3, 4 and 6. Therefore, State has filed this appeal. 2. I have heard Sri B.Visweswaraiah; learned HCGP for State....
M. Raju and Another Vs. Y.C. Hemaraj and Others
Court: Karnataka
Decided on: Mar-03-2014
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 14/08/2009 passed in MVC No.3903/2007 on the file of the XIII Additional Small Cause Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-15), partly allowing the claim petition for compensation and seeking enhancement of compensation.) (Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 14/08/2009 passed in MVC No.3903/2007 on the file of the XIII Additional Small Cause Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-15), awarding a compensation of Rs. 2,21,000/- with interest at 6% p.a. from the date of petition till realization This Misc. Cvl. is filed under Section 151 of CPC, praying to permit the respondents to withdraw the amount deposited by the appellant, in the interest of justice and equity.) 1. These two appeals respectively by the injured claimant and the Insurer are directed against...
Gram Panchayat Hebbal Vs. Hasimasab Mohammadsab Mirjt and Another
Court: Karnataka Dharwad
Decided on: Mar-03-2014
(Prayer: Rsa Filed U/S. 100 Cpc., Against The Judgement' and Decree Dtd: 13-07-2009 Passed In R.A.No.66/2008 On The File Of The Addl. Civil Judge (Sr.Dn) Gadag; Sitting At Laxmeshwar, Dismissing The Appeal, Filed Against The Judgment Dtd:31-07-2008 And The Decree Passed In O.S.No. 19/2007 On The File Of The Civil Judge(Jr.Dn) and Jmfc., At Laxmeshwar, Dismissing The Suit Filed For Mandatory Injunction.) 1. The present appeal is filed under Section 100 of CPC challenging the concurrent findings of the trial Court bearing O.S. 19/2007 pending on the file of Civil Judge (Jr.Dn.) and JMFC at Laxmeshwar and confirmation of the same by the Civil Judge (Sr.Dn.) Gadag sitting at Laxmeshwar in R.A.66/2008. 2. The appellants herein were plaintiffs and respondents were defendants in the suit. Parties will be referred to as per their ranking before the trial Court. 3. Suit filed for relief of permanent injunction has been dismissed. The suit schedule property is described in the schedule appended ...
Doraiswamy and Others Vs. State of Karnataka by Its Secretary and Othe ...
Court: Karnataka
Decided on: Mar-03-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 And 227 Of The Constitution Of India To Declare That The Acquisition Notification Issued Under Section 17 Of The Bda Act Dated 17.11.1988 Published In The Karnataka Gazette Vide Ann-A And Final Notification Dated 17.9.1997 Published In The Karnataka Gazette Vide Ann-B In Respect Of The Petitioners' Land Bearing Sy.No.6/3 Measuring An Extent Of 1 Acre 19 Guntas Situated At Raghuvanahalli Vilalge, Uttarahalli Hobli, Bangalore South Taluk, Bangalore Has Lapsed In So Far As The Petitioners Land Is Concerned.) 1. Heard Shri. Madhusudhaii. R. Naik, the learned Senior Advocate appearing for the counsel for the petitioners and the learned counsel for the Bangalore Development Authority. 2. The petitions coming on for preliminary hearing ("B" Group) are considered for final disposal. 3. The brief facts are as follows:- The petitioners claim that late Puttaswamachar was the absolute owner in possession and enjoyment of the land bearing S...
M. Raju and Another Vs. Y.C. Hemaraj and Others
Court: Karnataka
Decided on: Mar-03-2014
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 14/08/2009 passed in MVC No.3903/2007 on the file of the XIII Additional Small Cause Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-15), partly allowing the claim petition for compensation and seeking enhancement of compensation.) (Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 14/08/2009 passed in MVC No.3903/2007 on the file of the XIII Additional Small Cause Judge, Member, Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-15), awarding a compensation of Rs. 2,21,000/- with interest at 6% p.a. from the date of petition till realization This Misc. Cvl. is filed under Section 151 of CPC, praying to permit the respondents to withdraw the amount deposited by the appellant, in the interest of justice and equity.) 1. These two appeals respectively by the injured claimant and the Insurer are directed against...
Hanamanth Shingadeppa Gadded and Another Vs. Rudrappa Krishnappa Gadde ...
Court: Karnataka Dharwad
Decided on: Mar-03-2014
(Prayer: Rsa Filed U/S. 100 Of Cpc Against The Judgement % Decree Dtd:23/7/2009 Passed In R.A.No: 145/2008 On The File Of The Fast Track Court, .Jamakhandi, Dismissing The Appeal, Filed Against The Judgement And Decree Dtd: 3/4/2008 Passed In O.Sino:324/2004 On The File Of The Adl. Civil Judge (Sr.Dn), Jamakhandi, Dismissing The Suit Filed For Partition and Injunction.) 1. The present appeal is filed under Section 100 of CPC challenging the concurrent findings of the trial Court bearing O.S.324/2004 pending on the file of Addl. Civil Judge, (Sr.Dn.) Jamkhandi, sitting at Mudhol and confirmation of the same by the District and Sessions Judge, Fast Track Court, Jamkhandi in R.A. 145/2008. 2. The said suit had been filed for relief of partition and separate possession in respect of land measuring 14.27 acres in Survey No. 126. The appellants herein were plaintiffs and respondents were defendants in the suit. 3. According to the plaintiffs, one Huliya was the propositus and he had two sons...
M. Channaraje Urs and Others Vs. State of Karnataka Rep. by Its Secret ...
Court: Karnataka
Decided on: Mar-03-2014
(Prayer: This Appeal Is Filed Under Section 4 Of The Karnataka High Court Act, 1961 Praying To Set Aside The Order Passed In The Writ Petition No. 14086/2001 Dated 18.02.2003 Cf Sufficient Appeal In Time And ETC.,) (Prayer: This Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Quash The Order Dated 30.08.2005 Passed By The R1 Bearing No. Na. Aa. Ei. 264 Mai. Aa. Pra. 2005 As Per Annexure - L And ETC.,) 1. The legality and correctness of the order passed by a learned Single Judge in WP Nos. 30059-61 of 2001 connected with WP No 14086 of 2001 dated 18-2-2003 is called in question in WA No 3598 of 2003. 2. The appellants are the owners of agricultural lands in all measuring 32 acres 11 guntas comprised in Sy Nos 152A, 153, 54/A, 157/A and 158 of Nachanahalli village, Mysore taluk, eacn survey numbers are measuring different extents. For the formation of a residential layout by the second respondent - Mysore Urban Development Authority [MUDA, for short]...
Putta Vs. C.K. Nagaraju and Others
Court: Karnataka
Decided on: Mar-03-2014
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 07/09/2006 passed in MVC No.59/2003 on the file of the Civil Judge (Sr.Dn), Motor Accident Claims Tribunal, Maddur, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimant is directed against the judgment and award dated 7th September 2006, passed in MVC No.59/2003, by the Civil Judge (Sr.Dn), Motor Accident Claims Tribunal, Maddur, (for short, 'Tribunal') for enhancement of compensation on the ground that, the compensation of Rs.1,00,000/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs.15,00,000/-, is inadequate. 2. The appellant claims to be aged about 28 years and a businessman, earning a sum of Rs.250/- to Rs.350/- per day and hale and healthy prior to the date of accident. That the occurrence of accident at about 6:00 P.M, on 02-01-2003, when the appellant was standing in the Hanakere circ...
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