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Karnataka Court June 2015 Judgments

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Jun 04 2015

Mala @ Malawwa Vs. Irappa

Court: Karnataka Dharwad

Decided on: Jun-04-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE04T H DAY OF JUNE, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA CIVIL REVISION PETITION No.1096 OF2013BETWEEN:1. MALA @ MALAWWA W/O SUBHAS CHAVAN, AGE:44. YEARS, OCC: AGRICULTURE, R/O: ASTA, DIST: SANGALI, MAHARASHTRA.2. 3.4. RAYAWWA W/O MALLAPPA MALAGI, AGE:72. YEARS, OCC: AGRICULTURE, R/O: CHITRABANKOTI, TALUK: MUDHOL, DIST: BAGALKOT, NOW RESIDING AT1981D WARD, SHANIWAR PET, KOLHAPUR, MAHARASHTRA SHOBHA W/O BALU PATIL AGE:52. YEARS, OCC: HOUSEHOLD WORK R/O: CHITRABANKOTI, TALUK: MUDHOL, DIST: BAGALKOT, NOW RESIDING AT1981D WARD, SHANIWAR PET, KOLHAPUR, MAHARASHTRA SANJU S/O MALLAPPA MALAGI AGE:42. YEARS, OCC: SERVICE, R/O: CHITRABANKOTI, TALUK: MUDHOL, DIST: BAGALKOT, NOW RESIDING AT1981D WARD, SHANIWAR PET, :2. : KOLHAPUR, MAHARASHTRA5 SHEELA W/O GAJANAN SHINDE, AGE:47. YEARS, OCC: HOUSEHOLD R/O1981D WARD, SHANIWAR PET, KOLHAPUR, MAHARASHTRA ... PETITIONERS (By Sri. SANGRAM S KULKARNI ADV. AND SRI.VIVEK C.GRAMOPADHYA ...


Jun 03 2015

Santhosh Vs. The State of Karnataka and Others

Court: Karnataka Dharwad

Decided on: Jun-03-2015

(Prayer: This CRP is filed under Sec.115 of CPC, against the order dated 02.08.2014 passed in O.S. No.17/2013 on the file of the Principal Civil Judge Gokak, allowing the petition filed U/S.152 R/W Sec. 151 and 153 of CPC.) 1. The petitioner/plaintiff filed the above revision petition against the order dated 02.08.2014 made in O.S.No.17/2013 on the file of the Principal Civil Judge, Gokak, dismissing the application filed under Section 152 read with Section 151 and 153 of Code of Civil Procedure to correct the cause title of the judgment and decree. 2. It is the case of the petitioner that he had filed O.S.No.137/2011 against the respondents for declaration declaring that the case of the plaintiff is Hindu Naviinstead of Hindu Lingayat Naviand to direct the respondents/defendants to correct the entry regarding caste of the plaintiff in the school records as Hindu Naviinstead of Hindu Lingayat Navi'. 3. It is contended that the plaintiff is the permanent resident of Gokak and he has com...


Jun 03 2015

Giriyappa Vs. The State of Karnataka, Principal Secretary Food and Civ ...

Court: Karnataka Dharwad

Decided on: Jun-03-2015

(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 23.05 2015 passed by the respondent No.2 ”Annexure-E.) 1. Smt. K.Vidyavathi, learned Additional Government Advocate is directed to take notice on behalf of the respondents. 2. The petitioner, in this writ petition, has sought for quashing the order dated 23.05.2015 passed by the Deputy Commissioner (Food and Civil Supplies Department) suspending the authorisation given to him for distribution of food grains. 3. Shri Vitthal S.Teli, learned counsel appearing for the petitioner contended that before suspending the authorisation no opportunity of hearing was given since the show-cause notice as well as the suspension order are issued on the same day, and hence, the impugned order passed by the Deputy Commissioner cannot be sustained. ƒ 4. Learned Additional Government Advocate appearing for the respondents contended that suspending of the authorisation given ...


Jun 03 2015

Hanmanth Vs. The State of Karnataka, Through Police Sub-Inspector

Court: Karnataka Dharwad

Decided on: Jun-03-2015

(Prayer: This Criminal Petition is filed U/S 439 of Cr.P.C. seeking that the petitioner be ordered to be enlarged on regular bail, in Raibac Police Station Crime No.287/2014 of the offences punishable U/S 302 and 201 of the Indian Penal Code pending before the Civil Judge (JRD.) and JMFC Court, at Raibag.) 1. Petitioner is before this Court seeking bail in Crime No.287/2014 of Raibag Police Station registered for the offence punishable under Sections 302 and 201 of IPC. 2. The case of the prosecution is that the relationship between the deceased and the accused No.4 had soured due to business rivalry. It is stated that the deceased and accused No.4 are cousins and both of them competing in the vegetable trade and that the accused No.4 was suffering losses in his business because of the active involvement of the deceased in the cabbage trade which otherwise he was earning good profits. 3. It is further alleged that accused No.4 decided to do away with the life of the deceased and accord...


Jun 03 2015

S. Purushotham Vs. B.C. Radha

Court: Karnataka

Decided on: Jun-03-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dtd.28.4.2014 passed by the Hon'ble pre. judge, family court, at Bangalore in M.C.No.3866/2010 who has allowed the application numbered as I.A.No.10 filed by the respondent under Section 26 of Hindu Marriage Act, r/w Section 10 of Family Courts Act, seeking visitation rights of the minor son vide Annex-A and consequently dismiss the application filed by the respondent numbered as IA.No.10 vide Annex- L.) 1. The petitioner is before this Court assailing the order dated 28.04.2014 nassed on IA.No.10 in M.C.No.3866/2010. 2. The petitioner herein is the husband of the respondent. There is no dispute with regard to the relationship. 3. The petitioner has instituted a petition in M.C.No.5866/2010 seeking dissolution of their marriage. In the pending proceedings, the respondent herein has filed an application under Section 26 of the Hindu Marriage Act seeking interim custody...


Jun 03 2015

Harsha Sports Paradise (R), Kelagote Village, Chitradurga Taluk, Chitr ...

Court: Karnataka

Decided on: Jun-03-2015

1. These petitions were filed seeking quashing of the cases registered in various Police Station/s and also the charge-sheet/s submitted in some of the cases by various Police Station/s in the State of Karnataka, alleging commission of offence by the petitioners, punishable under Section 79 and 80 of Karnataka Police Act, 1963 (for short the Act'). Since the legal issue which arises for consideration is common, with the consent of learned Advocates appearing on both sides, these petitions are taken up together for hearing. Since question of law urged for consideration is common, these petitions are being disposed of by this common order. 2. The respondent-Police having registered case's against the petitioners, criminal cases for the offences punishable under Sections 79 and 80 of the Act and in some cases, charge-sheet/s having been submitted, cognizance was taken and summons having been issued, the individual petitioners, having appeared and got enlarged on bail, filed these petition...


Jun 03 2015

Santosh S/O Ravindra Munavalli Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Jun-03-2015

R :1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE03R D DAY OF JUNE, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA CIVIL REVISION PETITION No.100062 OF2014BETWEEN: SANTOSH S/O RAVINDRA MUNAVALLI AGE:28. YEARS, OCC: STUDENT R/O. GOKAK, DIST: BELAUM (By Sri.NAGARAJ J.APPANNAVAR, ADV. FOR Sri. LAXMAN T MANTAGANI ADV.) ... PETITIONER AND:1. 2. 3.4. THE STATE OF KARNATAKA R/BY DEPUTY COMMISSIONER BELGAUM THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION BELGAUM THE BLOCK EDUCATIN OFFICER SAUNDATTI THE HEAD MASTER GOVERNMENT KANNADA BOYS SCHOOL ASUNDI, TQ: SAUNDATTI5 THE PRINCIPAL S K COMP. PRE UNIVERSITY COLLEGE :2. : TQ: SAUNDATTI6 THE PRINCIPAL J S S ARTS, SCIENCE AND COMMERCE COLLEGE, GOKAK7 THE BLOCK EDUCATION OFFICER GOKAK (By Sri.RAVI V.HOSAMANI, AGA FOR R1-R4 & R7) ... RESPONDENTS THIS CRP IS FILED UNDER SEC.115 OF CPC, AGAINST THE ORDER DATED0208.2014 PASSED IN O.S. NO.17/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE GOKAK, ALLOWING THE PETITION FILED U/S.152 R/W SEC.151 AND...


Jun 02 2015

Kamalavva Vs. Siddappa

Court: Karnataka Dharwad

Decided on: Jun-02-2015

1. Aggrieved by the judgment and decree of the lower Court in dismissing the plaintiff's suit for partition, the plaintiff has filed this appeal. 2. The case of the plaintiff is that the suit schedule properties were owned by her father and the defendants. Defendants 1 and 2 are her brothers and defendants 3 and 4 are her sisters. Their father died intestate leaving behind the plaintiff, defendants and their mother, Smt. Bandamma. Their mother had filed a suit in O.S. No.76 of 2003 before the II Additional Civil judge (Senior Division), Hubli, seeking for partition and separate possession. During the pendency of the suit, she died. The plaintiff filed an application to transpose herself as a plaintiff. However, the suit came to be abated and was dismissed with liberty to file a fresh suit. Hence, the present suit. 3. The case of the plaintiff is that defendants 1and 2 namely her brothers are unnecessarily wasting the suit properties by creating a lease in favour of third parties by tak...


Jun 02 2015

Y. Bharath Reddy Vs. The Karnataka Industrial Area Development Board, ...

Court: Karnataka Dharwad

Decided on: Jun-02-2015

1. Petitioners in these writ petitions are questioning the allotment of Industrial Plots bearing Nos. 16 and 17 in Sy. Nos. 152/4, 157/1 in Sankalapura Industrial Area, Hospet Taluk, Bellary District as per the allotment letter dated 19-7-2006 and also the registered lease agreement dated 27-7-2006 executed by the second respondent in favour of the 4th respondent and also sought for writ of mandamus directing the respondents 1 to 3 to allot a suitable industrial plot to the petitioners. 2. In W.P. No. 18665 of 2006, the petitioner has contended that he is the Proprietor of M/s. Trinity Industries, which is registered as a Small Scale Industrial Unit. He would to establish an industry for the manufacture of conveyor component, elevator buckets, crusher component, conveyors, rubber goods. The petitioner has vast experience in the field and he made an application for allotment of 01 acre of land at Sankalapura Industrial Area, Hospet Taluk. 3. The petitioner in W.P. No. 3518 of 2008 is a ...


Jun 02 2015

The Divisional Manager, New India Assurance Company Limited, Belgaum V ...

Court: Karnataka Dharwad

Decided on: Jun-02-2015

1. The appellant-Insurance Company filed this appeal challenging the judgment and award dated 29-6-2012 passed in MVC No. 1687 of 2011 by the Presiding Officer, Fast Track Court IV, Belgaum. 2. The respondent herein filed the claim petition contending that, on 12-6-2008 while he was proceeding in Hero Honda Motorcycle bearing No. KA-22/S-422 towards his medical shop, near Sardar High School, an autorickshaw bearing Registration No. KA-22/A-6552 came from the hind side of the motorcycle and dashed against the said vehicle. Due to the impact, the rider of the motorbike sustained grievous injuries. Immediately after the accident, he was taken to Vijaya Hospital at Belagavi. He was inpatient in the hospital for a period of 15 days. In the claim petition, it was contended that the claimant owned a Medical Shop at Gondhali Galli, Belagavi. Due to the said accident, he was out of employment for a period of six months and sought for compensation of Rs. 10,00,000-. 3. The respondent entered app...



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