Karnataka Court March 2017 Judgments
Waheed Patel and Others Vs. The Chief Engineer, ID, IP Zone, Gulbarga ...
Court: Karnataka Kalaburagi
Decided on: Mar-27-2017
(Prayer: This MSA filed under Section 54 (2) of the Land Acquisition Act, against the judgment and decree dated 15.06.2011 passed in LACA No. 56/2010 on the file of IV Addl. District Judge, Gulbarga, dismissing the appeal filed against the judgment and award dated 09.09.2004 passed in LAC No.977/2001 on the file of the Prl. Civil Judge (Sr. Dn.), Gulbarga.) 1. The legal representatives of the claimant filed the present appeal against the judgment and award dated 15-06-2011 made in LACA No.56/2010 on the file of the IV Addl. District Judge, Gulbarga, dismissing the appeal on the ground of delay of 1944 days in filing the appeal. Facts of the case. 2. It is the case of the claimant that he is the owner of the land bearing Survey No.3/6 measuring 1 acre 3 guntas dry land situated at Belkota Taluka, Gulbarga District. The said land was submerged under Gandori Nala Project. The respondents issued preliminary notification under Section 4(1) of the Land Acquisition Act on 31.07.1997 and follo...
Tag this Judgment!Waheed Patel S/O Kasheem Patel Vs. The Chief Engineer Ors
Court: Karnataka Kalaburagi
Decided on: Mar-27-2017
1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE27H DAY OF MARCH, 2017 BEFORE THE HONBLE MR. JUSTICE B.VEERAPPA MSA No.614/2011 (LA) BETWEEN: Waheed Patel S/o Kasheem Patel, Since deceased by his LRs.1.2. Ishaq Miyan S/o Waheed Patel, Age:32. years, Occ: Agriculture, R/o Belkota village Tq. & Dist. Gulbarga. Nasreen Begum W/o Ishaq Miyan, Age:29. years, Occ: Household, R/o Belkota village Tq. & Dist. Gulbarga. (By Sri. A.M.Biradar, Advocate) AND:1. 2.3. The Chief Engineer, ID, IP Zone, Gulbarga. The Executive Engineer, KNNL, Gandori Nala Project, Division Mahagaon. Tq. & Dist. Gulbarga. The Special Land Acquisition Officer, MIP, Gulbarga. ... Appellants (By, Smt. Archana P. Tiwari, AGA for R1 & R3; By, Sri. Gourish S Khashampur, Advocate for R2) ... Respondents 2 This MSA filed under Section 54 (2) of the Land Acquisition Act, against the judgment and decree dated 15.06.2011 passed in LACA No.56/2010 on the file of IV Addl. District Judge, Gulbarga, dismissing the app...
Tag this Judgment!Revanna and Others Vs. The State of Karnataka by Shivamogga Rural Poli ...
Court: Karnataka
Decided on: Mar-24-2017
(Prayer: This Crl.RP is filed u/s.397 r/w. 401 Cr.P.C. praying to set aside the Order Dated 15.12.2016 passed by the III Addl. Sessions Judge, Shivamogga in S.C.No.205/2016 and discharge the Petitioners for the Alleged Offence. This Crl.RP is filed u/s.397 r/w 401 Cr.P.C praying to set aside the Order Dated 22.02.2017 passed on Application u/s 239 of Cr.P.C. r/w Sec.17 and 19 of Prevention of Corruption Act passed by the XXIII Additional City Civil and Sessions Judge, Special Judge, Bangalore Urban District, Bangalore in SPL.C.C.No.77/2007 and consequently allow the Application by discharging the Petitioner for the Alleged Offences P/U/S 13(1)(e) R/W 13(2) of P.C.Act.) 1. A common question of law whether a revision petition is maintainable against an order rejecting a prayer to discharge and framing of charges by the Trial Court in view of bar contained in Section 397(2) of the Code of Criminal Procedure, 1973 is involved in all these petitions. 2. Heard Shri B.V. Acharya, Shri P.S.Raj...
Tag this Judgment!Revanna Vs. The State of Karnataka By
Court: Karnataka
Decided on: Mar-24-2017
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 24th day of March, 2017 R BEFORE THE HONBLE MR.JUSTICE P.S.DINESH KUMAR Criminal Revision Petition No.57/2017 c/w Criminal Revision Petitions No.1257/2016, 153/2017, 160/2017, 178/2017, 199/2017, 8/2017, 9/2017, 185/2017, 228/2017, 10/2017, 244/2017, 290/2017 & 324/2017 In Criminal Revision Petition No.57/2017 : BETWEEN :1. REVANNA S/O.HANUMAPPA AGED ABOUT55YEARS OCC: POLICE OFFICER R/O.MACHENAHALLI VILLAGE SHIVAMOGGA TALUK AND DISTRICT - 577 201 2.3. SMT.INDRAMMA W/O.REVANNA AGED ABOUT49YEARS OCC: HOUSEHOLD WORK R/O.MACHENAHALLI VILLAGE SHIVAMOGGA TALUK AND DISTRICT- 577 201 RAVI S/O.MUKKAHARIYAPPA AGED ABOUT46YEARS OCC: POLICE CONSTABLE R/O.BHOVI COLONY1T CROSS, HOSAMANE ROAD BHADRAVATHI SHIVAMOGGA DISTRICT - 577 301 ... PETITIONERS (By Shri. RAVINDRA B. DESHPANDE, Adv.,) 2 AND : THE STATE OF KARNATAKA BY SHIVAMOGGA RURAL POLICE STATION SHIVAMOGGA DISTRICT - 577 201 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDIN...
Tag this Judgment!The Senior Vice-President M/s. Hindalco Industries Limited, Belgaum Wo ...
Court: Karnataka Dharwad
Decided on: Mar-23-2017
Dr. Vineet Kothari, J. 1. This writ petition has been filed by the employer-M/s. Hindalco Industries Limited, Belgaum, through its Senior Vice-President, against the workman-Sri K.V. Shetty, S/o. Vasu Shetty, aggrieved by the award of the Additional Labour Court, Hubballi, in KID No. 99 of 2010, dated 21st February, 2012, deciding the issue of date of birth of the workman-Sri K.V. Shetty in favour of the workman and against the employer and directed reinstatement of the workman with the benefit of full back wages and continuity of service, setting aside the alleged premature retirement of the workman with effect from 1st September, 2010. The Management was further directed to pay the costs of Rs. 10,000/- to the workman. 2. The controversy giving rise to the present writ petition is as under: The workman Sri K.V. Shetty was initially appointed on 18th September, 1980 temporarily and was discharged on 6th December, 1980. He was again employed temporarily from 15th November, 1981 till 31...
Tag this Judgment!Madireddy Vs. Chowdareddy and Others
Court: Karnataka
Decided on: Mar-23-2017
H.G. Ramesh, J. (Oral) 1. Who could be directed to pay the stamp duty and penalty under Section 34 of the Karnataka Stamp Act, 1957? This is the short question that calls for an answer in this case. 2. This writ petition is by defendant No. 3 and is directed against an interlocutory order dated 21.11.2013 passed by the Trial Court in the suit in O.S. No. 8 of 2010. By the impugned order, the Trial Court has directed defendants 1 and 3 to pay the deficit stamp duty and penalty on the agreement of sale dated 10-4-2006 as per Section 34 of the Karnataka Stamp Act, 1957. 3. I have heard the learned Counsel for the parties and perused the record Learned Counsel appearing for the petitioner submitted that defendants Nos. 1 and 3 did not tender the aforesaid agreement of sale dated 10-4-2006 to be admitted in evidence, and hence, the direction given to them by the Trial Court to pay the stamp duty and penalty is not warranted in law. The submission is rightly not disputed by the learned Couns...
Tag this Judgment!The Assistant Regional-Transport Officer, Humnabad and Another Vs. And ...
Court: Karnataka Kalaburagi
Decided on: Mar-23-2017
(Prayer: These Writ Appeals are filed under Section 4 of the Karnataka High Court Act, praying to allow these appeals and set aside the order dated 17.08.2016 passed in W.P.Nos.83491/2009 and 80313-80338/2010 (T-MVT) by the learned Single Judge of this Court.) Aravind Kumar, J. 1. This intra Court appeal is directed against the order dated 17.08.2016 passed in W.P.No.83491-80313-80338/2010 (T-MVT) whreunder learned Single Judge has allowed the writ petition and has quashed the impugned orders passed by Assistant Regional Transport officer dated 23.04.2007 Annexure-C1 to C26 and the order dated 15.10.2008 Annexure-D passed by Deputy Commissioner for Transports by concluding that petitioner Corporation is entitled to claim tax exemption in respect of its tourist vehicles by virtue of notification dated 22.03.1994. 2. Facts in brief which has led to the filing of these Writ Appeals are as under: Petitioner is a State Transport Development Corporation formed by the Andhra Pradesh State ...
Tag this Judgment!B.N. Srinivas Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Mar-23-2017
Raghvendra S. Chauhan, J. 1. The petitioner, Mr. B.N. Srinivas, has challenged the legality of the notification dated 13-3-2017, issued by the respondent No. 1, State of Karnataka, represented by its Secretary, Urban Development Department, and the Election Notice dated 15-3-2017, issued by the respondent No. 3 Assistant Commissioner, Chikkaballapura. The petitioner has also prayed that a direction should be issued to the respondents to first issue a fresh provisional notification, and only after hearing the public at large, to issue a final notification for reserving the post of President and Vice-President tor a particular reserved category. 2. The case revolves around the election of President and Vice-President of Town Municipal Council Bagepalli. The election to the said post has a rather checkered history, which is as under: After having won the election on 11.3.2013 from Ward No. 19, the petitioner is a Councilor of the said TMC. In order to hold election to the post of Presiden...
Tag this Judgment!P. Divakar Vs. M/s. Karnataka State Pollution, Represented by its Memb ...
Court: Karnataka
Decided on: Mar-23-2017
(Prayer: This Writ Appeal is filed under Section 4 of the High Court Act, praying to set aside the order passed in Writ Petition No.8974/2014 dated 26.11.2015.) 1. The appeal is barred by limitation. The delay is of 6 days. 2. By consent, the appeal is taken up for preliminary hearing. 3. This is an appeal against the judgment and order dated November 26, 2015, passed by the Hon'ble Single Judge in two writ petitions. 4. A search was conducted by the Lokayuktha in the office of the Karnataka State Pollution Control Board. In the course of the search, Rs. 3,00,000/- (Rupees three lakh) only, was allegedly recovered from the drawer of the table of this writ petitioner - appellant. A criminal case was initiated. The criminal case was quashed. The writ petitioner insisted that as the criminal case has been quashed, he has been entitled to be reinstated. The authorities have decided to initiate disciplinary proceeding. 5. The standard of proof of the criminal case and that of the disciplina...
Tag this Judgment!Madireddy Vs. Chowdareddy
Court: Karnataka
Decided on: Mar-23-2017
- 1 - WP No.56179/2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF MARCH2017BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.56179/2013 (GM-CPC) R ... PETITIONER BETWEEN: MADIREDDY S/O BAYAPPA AGED ABOUT37YEARS R/AT GUMMAVANDLAPALLI PATHAPALYA HOBLI BAGEPALLI TALUK 561 207 CHICKBALLAPUR DISTRICT (BY SRI DEEPAK.J, ADVOCATE FOR M/S. Y.R.SADASIVA REDDY AND ASSOCIATES, ADVOCATES) AND:1. 2. 3. LAKSHMIDEVAMMA W/O LATE ADINARAYANA REDDY AGED ABOUT64YEARS R/O KONDAREDDYPALLI PATHAPALYA HOBLI BAGEPALLI TALUK 561 207 CHICKABALLAPUR DISTRICT CHOWDAREDDY S/O LATE NARAYANAPPA AGED ABOUT37YEARS R/O GUMMAVANDLAPALLI PATHAPALYA HOBLI BAGEPALLI TALUK 561 207 CHICKABALLAPUR DISTRICT MANJUNATH REDDY S/O LATE ADINARAYANA REDDY AGED ABOUT25YEARS R/O KONDAREDDYPALLI PATHAPALYA HOBLI - 2 - WP No.56179/2013 ... RESPONDENTS BAGEPALLI TALUK 561 207 CHICKABALLAPUR DISTRICT (BY SRI G.BALAKRISHNA SHASTRY, ADVOCATE FOR R1; R2 SERVED; SRI SANTHOSH, ADVOCATE FOR R3) THIS WRIT PET...
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