Karnataka Court July 2016 Judgments
Puttamadamma Vs. The State of Karnataka
Court: Karnataka
Decided on: Jul-19-2016
(Prayer: This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of her arrest in CR.No.41/2016 of Kuderu Police Station, Chamarajanagara, for the offence P/U/S 379 of IPC and Sections 4(1), 4(1)(A), 21(1), 21(3) and 21(4) of M.M.R.D.Act and U/S 42 and 44 of K.M.M.C.R. Rules.) 1. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent - State. 2. It is not that anticipatory bail should not be granted in any case, but in exceptional cases, the Court can exercise judicious discretion with circumspection. The Court has to see the facts and circumstances of each case to come to the conclusion that whether such discretion can be exercised or not. In this regard, it is worth to note here the decision of the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in (2011) 1 SCC 694, wherein the Hon'ble Apex Court has observed in the following ...
Tag this Judgment!Shakuntala and Others Vs. Basavaraj and Others
Court: Karnataka Dharwad
Decided on: Jul-19-2016
(Prayer: This RFA filed under Section 96 OF C.P.C., against the judgment and decree dated 06.08.2012 passed in O.S.No.119/2008 on the file of the First Addl. Senior Civil Judge, Hubli, dismissing the suit filed for partition and separate possession.) H.G. Ramesh, J. (Oral): 1. This first appeal is by the plaintiffs and is directed against the judgment and decree dated 06.08.2012 passed by the Court of First Additional Senior Civil Judge, Hubli, dismissing their suit in O.S.No.119/2008 filed for partition of suit properties and for a declaration that the sale deed dated September 9, 2005 executed by their father (Defendant No.1) in favour of defendant No.4 in respect of the suit land measuring 3 acres 38 guntas was not binding on them. The only other suit property is a house property. The plaintiffs claimed 3/6th share in the suit properties stating that the suit properties were ancestral properties. 2. We have heard learned counsel appearing for the appellants, perused the impugned jud...
Tag this Judgment!United India Insurance Co. Ltd., Vs. M.S. Manjunath and Another
Court: Karnataka
Decided on: Jul-19-2016
(Prayer: This MFA is filed U/s 173(1) of MV Act against the judgment and award dated:13.8.2013 passed in MVC No.239/2011 on the file of the Senior Civil Judge, MACT, Belthangady, awarding a compensation of Rs.1,03,964/- with interest @ 6% P.A from the date of petition till payment.) 1. The United India Insurance Company Limited filed this appeal challenging the legality and correctness of the judgment and award dated 13-08-2013 made in MVC No.329/2011 passed by the Motor Accident Claims Tribunal, Belthangady (hereinafter referred to as 'the Tribunal' for short) disputing the occurrence of accident and awarding exorbitant compensation. 2. The first respondent herein filed a claim petition contending that on 24-08-2009, while he was proceeding in an ambassador car bearing Registration No.KA-19/4788 from Mangalore to Mudigere, along with two other co-passengers, due to the rash and negligent driving o the said ambassador car, it dashed against the rock situated at Charmadi Ghat, 11th Curv...
Tag this Judgment!Anusuya and Another Vs. Mallayya
Court: Karnataka Kalaburagi
Decided on: Jul-19-2016
(Prayer: This Regular Second appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 7-1-05 passed in R.A. No.158/04 on the file of the Addl. District Judge and Presiding officer Fast Track Court-III, Raichur, Dismissing the appeal and confirming the Judgment and Decree dated 28.06.02 passed in O.S. No.127/1994 on the file of the Civil Judge Junior Division, Lingasugur.) 1. Heard the learned Counsel for the appellants. The learned Counsel for the respondent remains absent. It is noticed that he was absent on previous occasions as well. And on the earlier occasion, the matter was adjourned only to enable Shri S.G.Math to produce certain additional documents. 2. The learned Counsel seeking to represent Shri S.G.Math, has now produced a certified copy of the sale deed executed in favour of appellant No.2, which is not an additional document, but a document which was already on record. Therefore, no useful purpose is served in adjourning the matter ...
Tag this Judgment!Government of India Vs. Dr Raghunath Sharma
Court: Karnataka
Decided on: Jul-19-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF JULY2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE B.SREENIVASE GOWDA WRIT PETITION NOS.35070-35071/2016 (S-CAT) BETWEEN1GOVERNMENT OF INDIA REPRESENTED BY THE UNDER SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, CHS DIVISION, NIRMAN BHAVAN, NEW DELHI-110 001 2.THE ADDITIONAL DIRECTOR CENTRAL GOVERNMENT HEALTH SCHEME3D FLOOR,"E" WING, KENDRIYA SADAN, KORAMANGALA, BANGALORE-560 034 (BY SMT.MANJULADEVI.R.KAMADALLI, ADVOCATE) ... PETITIONERS2AND1DR. RAGHUNATH SHARMA S/O K.R. NAGAPPA, AGE:60. YEARS WORKING AS MEDICAL SPECIALIST- GRADE-I, CGHS POLY CLINIC, 3RD FLOOR, GANESH TOWER, INFANTRY ROAD, BANGALORE-560 001 R/O141 4TH CROSS, 1ST PHASE, GIRI NAGAR, BANGALORE-560 085 2.DR. P B CHULAKI S/O BASAPPA CHULAKI AGE:60. YEARS WORKING AS ENT SPECIALIST-GRADE-I, CGHS POLY CLINIC, 3RD FLOOR, GANESH TOWER, INFANTRY ROAD, BANGALORE-560 001 R/O NO.310, "D"BLOCK, "PARAS MANE" APARTMENTS, VALAGEREHALLI...
Tag this Judgment!Shakuntala W/O. Mallikarjuna Balikai Vs. Basavaraj S/O. Basavanneppa S ...
Court: Karnataka Dharwad
Decided on: Jul-19-2016
-1- R.F.A. No.4212/2013 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE19H DAY OF JULY2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA R BETWEEN: R.F.A. No.4212/2013 1.2.3. SMT.SHAKUNTALA W/O. MALLIKARJUNA BALIKAI AGED ABOUT38YEARS OCC: HOUSEHOLD WORK R/O. SAHADEVA NAGAR HUBLI - 580 001 SMT.MANJULA W/O. MALLIKARJUNA BALIGAR AGED ABOUT32YEARS OCC: HOUSEHOLD WORK R/O. SHIVAJI NAGAR H NO5, OPP. MCL, HUBLI - 580 001 SMT.RAJESHWARI W/O. SURESH UPPIN AGED ABOUT30YEARS OCC: HOUSEHOLD WORK R/O. ANCHATAGERI TALUK HUBLI, HUBLI - 580 001 ... APPELLANTS (BY SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE) AND:1. BASAVARAJ S/O. BASAVANNEPPA SIRIGERI AGED ABOUT63YEARS -2- R.F.A. No.4212/2013 2.3. 4. OCC: PRIVATE SERVICE R/O. KRISHNAPUR ONI OLD HUBLI, HUBLI - 580 001 PARAWWA, W/O. BASAVARAJ SIRIGERI AGED ABOUT59YEARS OCC: HOUSEHOLD WORK R/O. KRISHNAPUR ONI OLD HUBLI, HUBLI - 580 001 SHRI BASAVANNEPPA S/O. BASAVARAJ SIRIGERI AGED ABOUT27YEARS OCC: STUDENT, R/O...
Tag this Judgment!Narasing Vs. The State of Karnataka, by its Secretary Department of Ed ...
Court: Karnataka Kalaburagi
Decided on: Jul-18-2016
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order of the Learned Single Judge dated 18.09.2014 passed by the Learned Single Judge in Writ Petition No.205377-78/2014 further be pleased to allow the writ petition.) Anand Byrareddy, J. 1. Heard the learned counsel for the appellant and the learned Government Advocate. 2. The appellant is before the court questioning the order of the learned Single Judge in the following circumstances:- The appellant was working as an Assistant Teacher in the sixth respondent institution, namely, Sathyaniketan Higher Secondary School, Bhalki, Bidar District. Prior to which, the appellant was working as a graduate Head Master at Panchasheela Primary School and it was an aided school and the post of the appellant was also a grant-in-aid post. Subsequently, Panchasheela Primary School was said to have been closed down. Therefore, the appellant and other teachers had approached this court seeking...
Tag this Judgment!Tulasi Motayya Vs. The Management of NWKRTC, Hubli
Court: Karnataka Dharwad
Decided on: Jul-18-2016
A.S. Bopanna, J. 1. The petitioner is before this Court assailing the award dated 19th May 2010 passed in Reference No. 4 of 2010 impugned at Annexure A to the petition. 2. The petitioner was working as a trainee driver in the respondent-Corporation. In respect of the charge of rash and negligent driving and causing the accident whereupon the death of two persons was caused by the petitioner, an enquiry was held and the petitioner was dismissed from service with effect from 13th March 2004. The petitioner raised a dispute, which was referred to the Presiding, Officer, Labour Court, Hubballi, in Reference No. 4 of 2010. The Labour Court by its award dated 19th May 2010 has rejected the Reference. The petitioner claiming to be aggrieved by the same is before this Court. 3. Learned counsel for the petitioner while assailing the award would contend that in the criminal proceedings initiated against the petitioner with regard, to the very same accident, he has been acquitted by the Criminal...
Tag this Judgment!Narasing Rao S/O Govind Rao Lashkare Vs. The State of Karnataka and Or ...
Court: Karnataka Kalaburagi
Decided on: Jul-18-2016
1 R IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE18H DAY OF JULY, 2016 PRESENT THE HONBLE MR.JUSTICE ANAND BYRAREDDY AND THE HONBLE MR.JUSTICE L.NARAYANA SWAMY WRIT APPEAL No.200529/2014 (S-RES) BETWEEN: Narasing S/o Govind Rao Lashkare Age:59. years, Occupation: Asst., Teacher Sathyanikethan Higher Secondary School Bahlki Taluka: Bhalki District: Bidar (Shri Deepak V. Barad, Advocate) AND:1. The State of Karnataka APPELLANT2By its Secretary Department of Education for Primary and Secondary M.S. Building Bengaluru- 560 001 The Additional Commissioner for Public Instructions Department Gulbarga- 585 102. The Director, Secondary Education Department Gulbarga- 585 102 The Deputy Director Of Public Instructions Bidar Bidar- 585 401. The Block Education Officer Bhalki Taluka Bhalki Bidar- 585 401 The Head Master Satyaniketan Higher Secondary School Bhalki Taluka Bhalki Bidar- 585 401 2.3. 4.5. 6. RESPONDENTS (Smt. Archana P. Tiwari, Additional Government Advocate for Res...
Tag this Judgment!Suma Vs. Radhakrishna Kekkunayya
Court: Karnataka Dharwad
Decided on: Jul-15-2016
(Prayer: This CP is filed under Section 24 of CPC praying to transfer M.C.No.43/2014 pending on the file of the Senior Civil Judge Court Karkala District Mangalore to the family court at Gadag.) 1. The petitioner is before this Court seeking that the case in M.C.No.43/2014 pending on the file of Senior Civil Judge, Karkala, Mangalore District be transferred to the Family Court at Gadag. 2. The petitioner is the wife of the respondent. Due to certain differences in their married life, they have been litigating with each other. The respondent has initiated a petition in M.C.No.43/2014 under Section 13(1)(ia) and (ib) of the Hindu Marriage Act seeking dissolution of their marriage. The petitioner contending that she would not be in a position to appear and defend the petition before the Court at Karkala is before this Court seeking that the same be withdrawn from the said Court and transfer the same to the Court at Gadag. 3. The respondent on being served has appeared and filed the object...
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