Karnataka Court June 2014 Judgments
Shridhar Manjayya Gunaga Vs. Karnataka Housing Board
Court: Karnataka Dharwad
Decided on: Jun-30-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Direct The Respondent To Consider The Representation Dated 4th Mar 2014, At Annexure- C, Given By The Petitioner To The Respondent To Allot House Bearing No. Lig 34, Located In Khb Colony, Habbuwada, Karwar, To The Petitioner.) 1. Petitioner claims to be an occupant of house bearing No.LIG 34, KHB Colony, Habbuwada, Karwar. His grievance in this writ petition is, that a representation submitted on 04.03.2014 vide Annexure - C, has not been considered. The petitioner alleges arbitrariness on account of inaction. 2. Shri P.V.Gunjal, learned Advocate placed reliance an order dated 21.08.2013 passed in W.P. Nos.80083-87/2013 and connected cases and submitted, that this petition may be disposed of accordingly. 3. Smt, Sharmiia M. Patil, learned advocate for the respondent submitted that in case a decision has not been taken on the representation submitted by the petitioner, seeking allotm...
Tag this Judgment!Govindrao and Another Vs. The State of Karnataka and Others
Court: Karnataka Gulbarga
Decided on: Jun-30-2014
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue a writ or order or direction in the nature of prohibition, prohibiting the respondents No.2 to 4 from illegally demolishing the properties bearing Municipal No.30-338, 30-339, situated at Court Road, Biradar Colony, Basavakalyan which are owed by the petitioner No.1 and 2 respectively, without adopting the due process of law.) 1. It is submitted at the Bar that in similar matters wherein action of respondents 2 to 4 in illegally attempting to demolish the properties situated in Court Road, Basavakalyan had been challenged, this Court has permitted the petitioners therein to file objections along with relevant documents before the 4th respondent - Commissioner, City Municipal Council, Basavakalyan within two weeks and appear before him on a particular date and that the Commissioner shall hear the petitioners therein and consider their objections and thereafter, pass a conside...
Tag this Judgment!Gulbarga Electricity Supply Company Limited Vs. Union of India and Oth ...
Court: Karnataka
Decided on: Jun-30-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying To Quash Notification Dated 24.02.2012 Issued By The R-2 As Being Ultra Vires The Provisions Of The Electricity Act 2003 Vide Ann-B.) (Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying To Quash Notification Dated 24.02.2012 Issued By The 2nd Respondent As Being Ultra Vires The Provisions Of The Electricity Act 2003 Vide Annexure-E.) 1. Since common questions of fact and that of law arise for decision making, with the consent of the learned counsel, petitions are clubbed together, heard finally and disposed of by this order. 2. The common grievance of the petitioner is that the Appellate Tribunal for Electricity directed the filing of an application to condone the delay in filing the review petition, in view of Rule 13 of the Appellate Tribunal for Electricity (Procedure, Form, Fee and Record of Proceedings) Rules, 2007, for short 'Rules' enablin...
Tag this Judgment!Dr. S. Krishnamurthy, IPS (Retd.) Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Jun-30-2014
(Prayer: This Crl.P. is filed u/Section 482 Cr.P.C praying to quash the FIR No.95/2012 dated: 27.12.2012 and the Order dated 05.11,2613 in Cr. No.95/2012 pending on the file of the XXIII Addl. City Civil and S.D., Bangalore.) 1. The petitioner has challenged the Order dated 05.11.2013 passed by the learned Special Judge, taking cognizance for the offence punishable under Sections 13(1)(c)(d)(ii) r/w. 13(2) of the Prevention of Corruption Act [hereinafter referred to as "the Act" for short] against him and for quashing the FIR in Crime No.95/2012 dated 27c12.2012. 2. The facts relevant for the purpose of this petition are as under: The petitioner is a retired civil servant in the Indian Police Service, Karnataka Cadre and retired on 30.04.2003. The 2rd respondent, who is also a retired civil servant in the Indian Police Service, Karnataka Cadre filed a complaint to the Station House Officer/Officer-in-charge-Lokayukta Police Station against the petitioner for the offence under Sections ...
Tag this Judgment!D. Abdullah and Others Vs. Syed Abdul Jabbar
Court: Karnataka Dharwad
Decided on: Jun-30-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order Dtd.21.03.2014 On Ia-1 In Mc No.21 Of 2011 Passed By The Court Of The Iii Additional Civil Judge (Jr.Dn) At Bellary As Per Annexure-E, And Reject Ia-1.) 1. Miscellaneous Case No.3/2011 was filed on 30.04.2011, in the Vacation Court at Bellary, to set aside the decree passed on 25.07.2008 in O.S. No.390/2008. Along with the said petition, LA. No.1 was filed under Section 5 of Limitation Act, to condone the delay in presenting the petition. The petitioner herein filed statement of objections and opposed I.A. No.2, by filing a counter. The Court below having allowed I.A. No.1 and condoned the delay, as per order dated 21.03.2014, feeling aggrieved, this writ petition was filed. 2. Beard the learned counsel on both sides and perused the writ petition record. 3. The Trial Court has committed a material error and irregularity in deciding I.A. No.1, without recording the evi...
Tag this Judgment!Sureshchandra Vs. The Commissioner, Municipal Corporation, Gulbarga an ...
Court: Karnataka Gulbarga
Decided on: Jun-30-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ or order or direction writ in the nature of certiorari quashing the impugned order dated 31.07.2012 passed by the 1st respondent vide Annexure-J.) 1. Challenge in this writ petition is to the order dated 31.07.2012 passed by the Commissioner for Gulbarga City Corporation produced at Annexure-J. 2. As per impugned order, entries in the Municipal Khata in respect of property bearing Sy.No. 1-1294/ 1 and to the surrounding property has been ordered to be entered in the name of the 2nd respondent-Mohanchandra. Petitioner is the son of the 2nd respondent. 3. It is the case of petitioner that property belongs to him as the same has been bequeathed in his favour by a registered Will executed by his grandfather and therefore, it was rightly entered in his name in the Municipal records, but without notice to the petitioner and without providing him any opportunity of being heard,...
Tag this Judgment!Mohammed Ashraf Vs. Tabbasum
Court: Karnataka Dharwad
Decided on: Jun-30-2014
(Prayer: This R.F.A. is filed u/s. 96 of CPC against the Judgment and Decree dated 14.06.2005 passed in O.S.No. 113/98 on the file of the II Addl. Civil Judge (SR.DN.), Belgaum, partly decreeing the suit for partition and separate possession and etc.) 1. Plaintiff of O.S.No. 113/98 which was pending on the file of the court of II Addl. Civil Judge (Jr.Dn.), Belgaum, is before this Court by filing an appeal u/S. 96 of CPC. Suit filed by him for the relief of partition and separate possession of an immovable urban property bearing CTS No. 340 measuring in all 138.79 sqmts in the city of Belgaum, has been decreed in part granting 4/9th share only to the plaintiff and 2/9th share + 1/3 share to defendant no.1-Tabassum. It is this judgment and decree which is called in question on various grounds as raised in the appeal memorandum amongst other grounds. 2. Appellant is the plaintiff is the said suit. First respondent is the first defendant and remaining respondents herein are the defendant ...
Tag this Judgment!Ushadevi Shrishail Dhari Vs. The Karnataka Industrial Area Development ...
Court: Karnataka Gulbarga
Decided on: Jun-30-2014
(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India praying for a direction or order in the nature of certiorari by quashing Annexure-E - letter bearing No.KIADB/BGM/515/2012-13 dated 07.06.2012 issued by respondent No.3.) 1. Learned Additional Government Advocate takes notice for respondent No.4. 2. Annexure-E - Communication dated 07.06.2012 addressed to the petitioner by the 3rd respondent - Development Officer, KIADB, Belgaum, informing her that Demand Draft for a sum of ?25,000/- received by the respondent - KIADB on 16.03.2012 could not be accepted towards the cost of allotment of industrial plot bearing No.59, of Mahalabahagyat Industrial Area, Bijapur and therefore, the allotment made to her stood cancelled for non-payment of balance amount within the stipulated time, has been called in question in this writ petition. 3. It is the case of the petitioner that she was allotted an industrial plot on 15.09.2011. She had paid initial deposit of Rs...
Tag this Judgment!Bhimrao Vs. Special Land Acquisition Officer and Another
Court: Karnataka Gulbarga
Decided on: Jun-30-2014
(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of certiorari, quashing the order of I Addl. Civil Judge (Sr.Dn.) at Gulbarga dated 27.11.2010 in Execution Petition No.60/2002 vide Annexure-K consequently accept the Memo of Calculation filed by the petitioners dated 10.11.2010 vide Annexure-F and etc.) 1. Order passed by the Executing Court on 27.11.2010 on the Memo of Calculation filed by the decree holders - petitioners herein is called in question in this writ petition. 2. The land of the petitioners having been acquired, an award was passed by the Special Land Acquisition Officer (for short, 'the SLAO'). On reference, the Civil Court has enhanced the compensation as per the judgment and award passed in LAC No.591/1994, as modified in M.F.A.No.1402/1997 and the Cross Objection filed by the claimants. Petitioners filed Execution Petition in EP.No.60/2002. They calculated the WP.83674/2011 market value and the compensatio...
Tag this Judgment!The Government of Karnataka, Represented by Deputy Commissioner and Ot ...
Court: Karnataka Dharwad
Decided on: Jun-30-2014
(Prayer: This Appeal Is Filed Under Section 100 Of Cpc Against The Judgment And Decree Dated 05.12.2007 Passed In R.A.No.68/2007 On The File Of The Prl. Civil Judge (Sr.Dn.), Jamkhandi Dismissing The Appeal And Confirming The Judgment And Decree Dated 21.07.2007 Passed In O.S.No.48/2007 On The File Of The Civil Judge (Jr.Dn.), Banahatti, Partly Decreeing The Suit Filed For Declaration And Mandatory Injunction) 1. Heard the learned Government Advocate who appears for the appellants. Respondent No.1 served and unrepresented. Respondent No.2 are the school authorities. The present appeal is filed under Section 100 of CPC challenging the concurrent findings granted against the defendants in O.S.No.48/2007, which was pending on the file of the Civil Judge (Jr.Dn.), Banahatti and the affirmation of the same by the first appellate Court in R.A.No.68/2007. Appellants are defendants No.l to 5 in the said suit. respondent No. 1 is the plaintiff in the said suit. Respondent No.2 is defendant No.6...
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