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Karnataka Court April 2017 Judgments

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Apr 26 2017

Basappa Gachchi Vs. Rabkavi Banahatti City Municipal Council

Court: Karnataka Dharwad

Decided on: Apr-26-2017

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE26T H DAY OF APRIL, 2017 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.1142/2005 BETWEEN:1. Basappa Gachchi, Aged about 67 years, Occ:Business, R/o. 1588, Banagar Galli, Gokak, District:Belgaum 590 016. Since dead by L.Rs. 1(a) Smt. Mahadevi W/o. late Basappa Gachchi, Aged about 64 years, Occ:Household. 1(b) Virupaxi S/o. late Basappa Gachchi, Aged about 43 years, Occ: Business. 1(c) Udaya S/o. late Basappa Gachchi, Aged about 40 years, Occ: Business. 1(a) to (c) are R/o. No.1588, 2 Banagar Galli, Gokak, District : Belgaum. 1(d) Smt. Shaila W/o. Ravindra Murakhandi, Aged about 37 years, Occ: Household, R/o. Mudhol, District: Bijapur. 1(a) to 1(d) amended as per the Court Order dated 09.12.2009.2. 3.4. Shankar Rachappa Gachchi, Aged about 53 years, Occ: Business, Taluk: Gokak, District: Belgaum 590 016. Smt. Ratnawwa W/o. Mallikarjunappa Jothawar, Aged about 62 years, Occ: Household work, Taluk:...


Apr 26 2017

Narayan S Kurdekar Vs. Dawal Sab S/O Jani Sab Sathsanadi

Court: Karnataka Dharwad

Decided on: Apr-26-2017

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R ON THE26h DAY OF APRIL, 2017 BEFORE THE HONBLE MR.JUSTICE RAVI MALIMATH REGULAR SECOND APPEAL NO.617 OF2005BETWEEN NARAYAN S KURDEKAR S/O SOMAIAH KURDEKAR AGED ABOUT68YEARS, BUSINESSMAN, R/O NO.35 MANJUNATH NAGAR, GOKUL HUBLI (BY SRI. F. V. PATIL, ADV.) AND ... APPELLANT DAWAL SAB S/O JANI SAB SATHSANADI SINCE DECEASED BY LRS R1(a) SRI JANI SAB S/O DAWAL SAB, SATHSANADI, MAJOR, R/O. VIDYANAGAR, REP. BY GPA HOLDER SRI M.SATISHCHANDRA SETTY, S/O. LOKAIAH SHETTY, AGED ABOUT50YEARS, R/O. HOSSUR, VIDYANAGAR, HUBLI. R1(b) SMT. ASHABAI W/O. DAWALSAB SHETSANADI, AGE:45. YEARS, OCC. HOSEHOLD WORK, R/O. ASAR MOHALLA, OLD HUBLI. R1(c) WAZIRBI W/O. MOHAMMEDRAFIQ WADDI, :2. : AGE ABOUT27YEARS, OCC. HOUSEHOLD WORK, R/O. BHAIRIDEVARKOPPA, HUBLI TALUK, R1(d) SHAKILABANU D/O. DAWALSAB SHETSANADI, AGE ABOUT25YEARS, OCC. HOUSEHOLD WORK, R/O. ASAR MOHALLA, OLD HUBLI, HUBLI. R1(e) MOHAMMED JAFFER S/O. DAWALSAB SHETSANADI, AGE ABOUT21YEARS, OCC. R1(f) RIY...


Apr 26 2017

Sri B G Venkatesh Vs. The Additional Commissioner

Court: Karnataka

Decided on: Apr-26-2017

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF APRIL, 2017 BEFORE THE HONBLE MRS.JUSTICE S.SUJATHA W.P.No.10078/2016 [MV]. ... PETITIONER BETWEEN SRI B G VENKATESH S/O M P GANGAPPA, AGED64YEARS, SRI VENKATESHWARA MOTOR SERVICE, NO.9-A, RACE COURSE ROAD, BANGALORE-560001 (BY SRI S V KRISHNASWAMY, ADV.) AND1 THE ADDITIONAL COMMISSIONER FOR TRANSPORT AND THE SECRETARY, KARNATAKA STATE TRANSORT AUTHORITY BANGALORE TTMC BUILDING, KH ROAD, SHANTHINAGAR, BANGALORE-560027 SMT K J NIRMALA W/O K G DAYANANDA , MAJOR IN AGE, PROPRIETRIX S N MOTOR SERVICE, DODDABALLAPUR56120 BANGALORE RURAL DISTRICT2 ... RESPONDENTS (BY SRI P.J.RAJAGOPAL, SR. ADVOCATE FOR SRI A S PARASARA KUMAR, ADV. FOR C/R2 SRI VIJAYA KUMAR A PATIL, AGA FOR R1 SRI SUBASH REDDY, ADV. FOR R3) - 2 - THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE KSTAT, BANGALORE DT.14.1.2016 MADE IN R.P.NO.424/2015 (ANNX-D) AND THE ORDER OF THE R-1 DT.28.3.201...


Apr 25 2017

T.J. Abraham and Others Vs. The State of Karnataka, Represented by its ...

Court: Karnataka

Decided on: Apr-25-2017

(Prayer: The Application-IA-III of 2017 praying to recall the Order Dated April 3, 2017 in Writ Petition No.57366/2016 has been treated as Review Petition Vide Order Dated April 6, 2017.) P.S. Dinesh Kumar, J. 1. On April 3, 2017 this Court heard and disposed of writ petition No.57366 of 2016. Subsequently, an application, IA.III of 2017 was moved by the learned Counsel for the petitioners to recall the said order. When the application was taken up for hearing, Mr. K.G. Raghavan, learned senior counsel requested to treat the same as review petition and permit him to make submissions. Since, the writ petition was filed as a public interest litigation, we acceded to his request. 2. We have heard Mr. K.G.Raghavan, learned senior counsel for the petitioners and Mr. Madhusudhan R. Naik, learned advocate general for the respondent Nos.1 to 6 and Mr.D.N.Nanjunda Reddy, learned senior counsel for the respondent No.7. 3. Petitioners claiming to be public interest litigants are aggrieved by the ...


Apr 25 2017

K.G. Naveenkumar Vs. J.P. Shivakumar and Others

Court: Karnataka

Decided on: Apr-25-2017

1. The appellant has preferred this appeal challenging the correctness and legality of the judgment and award dated 3-1-2012 made in MVC No.1253/2010 passed by the MACT at Davanagere, (for short hereinafter referred to as 'the Tribunal') in dismissing the claim petition filed by the claimant. 2. The appellant filed the claim petition contending that on 15-10-2010, when he was proceeding on his Hero Honda Twister motorcycle bearing Regn.No.KA-17-TR-6677 after attending his cable operating work at Harihar-Harapanahalli Road near Kallahalli Cross, the rider of another motorcycle bearing Regn.No.KA-17-V-7875 came from Thelagi in a rash and negligent manner and dashed against his motorcycle. Due to the impact, claimant fell down and sustained injuries all over the body. Immediately after the accident, he was shifted to Govt. Hospital, Harapanahalli and thereafter he has taken treatment at Suchethana Hospital, Davanagere as inpatient from 19-10-2010 to 25-10-2010. Prior to the accident, he w...


Apr 25 2017

Rajeshwari Vidya Samsthe , Doddaballapur and Others Vs. The State of K ...

Court: Karnataka

Decided on: Apr-25-2017

(Prayer: These Writ Petitions Are filed under Articles 226 and 227 of The Constitution of India Praying To Declare That Requirement of Preferring of Fresh Application For Registration As Provided Under Rules 4(4) And 5(5) of The Karnataka Educational Institutions [Charge In The Governing Councul or Change In The Location of Private Educational Institutions) Rules 2006 As Arbitrary, Excessive And Unconstitutional.) S. Sujatha J. 1. The Petitioners have challenged the Constitutional validity of Rules 4[4] and 5[5] of the Karnataka Educational Institutions [Change in the Governing Council or Change in the location of Private Educational Institutions] Rules, 2006 ['Rules 2006', for short] inter alia, challenging the Circular dated 20.10.2010 [Annexure-T to the writ petitions] issued by the Respondent No.1 etc.,. 2. The first petitioner is the Management and the Petitioners 2 to 10 are the employees of the Management. That the representations submitted by the Management for extension of sal...


Apr 25 2017

M/S Basai Steels and Power Pvt Ltd., Vs. M/S Gobins India

Court: Karnataka Dharwad

Decided on: Apr-25-2017

Date of Judgment 25.04.2017 MFA No.101307/2015(AA) C/w. MFA Crob.100134/2015 M/s. Basai Steels Pvt. Ltd. Vs. M/s. Gobins India Engineering Pvt.Ltd. & Another 1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE25h DAY OF APRIL, 2017 R PRESENT THE HONBLE DR. JUSTICE VINEET KOTHARI AND THE HONBLE DR. JUSTICE H. B. PRABHAKARA SASTRY M.F.A. No.101307/2015 (AA) C/W. M.F.A.CROB. No.100134/2015 (AA) IN MFA NO.101307/2015 BETWEEN: M/S BASAI STEELS PVT. LTD., OFFICE AT DOOR NO.59, D/1, PARVATHI NAGAR3D MAIN ROAD, BALLARI PROJECT OFFICE/FACTORY AT PLOT NO.412 OPP. KGP FARMS, 3RD WARD, SIDIGINAMOLA VILLAGE, BALLARI, R/BY ITS DIRECTOR, SRI.PIYUSH, S/O GOPAL AGARWAL, AGE:32. YEARS, OCC: BUSINESS, (BY SRI. PADMANABHA MAHALE, SR. COUNEL FOR SRI.SRINAND A. PACHHAPURE, ADVOCATE) ... APPELLANT Date of Judgment 25.04.2017 MFA No.101307/2015(AA) C/w. MFA Crob.100134/2015 M/s. Basai Steels Pvt. Ltd. Vs. M/s. Gobins India Engineering Pvt.Ltd. & Another 2 AND:1. M/S GOBINS INDIA ENGINEERING PVT. LTD...


Apr 25 2017

Rajeshwari Vidya Samsthe Vs. The State of Karnataka

Court: Karnataka

Decided on: Apr-25-2017

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE25H DAY OF APRIL, 2017 BEFORE THE HONBLE MRS.JUSTICE S.SUJATHA W.P.Nos.55648 & 58296 58304/2016 (EDN GIA) BETWEEN :1. 2. 3.4. RAJESHWARI VIDYA SAMSTHE (R), KANASWADI, MADURAI HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT REP. BY ITS SECRETARY SRI ASHOK NARAGUND S/O SRI BASAPPA NARAGUND, AGED ABOUT47YEARS, HEAD MASTER SRI KRISHNA KANNADA MEDIUM HIGH SCHOOL, NO.214, 7TH CROSS, LAKSHMIDEVI NAGARA, BENGALURU-560096. SRI HONNESH S/O SRI KARIYAPPA, AGED ABOUT40YEARS, ASSISTANT MASTER, SRI KRISHNA KANNADA MEDIUM HIGH SCHOOL, NO.214, 7TH CROSS, LAKSHMIDEVI NAGARA, BENGALURU-560096. SRI RANGASWAMY N.N., S/O SRI NANJEGOWDA, AGED ABOUT40YEARS, ASSISTANT MASTER, SRI KRISHNA KANNADA MEDIUM HIGH SCHOOL, NO.214, 7TH CROSS, LAKSHMIDEVI NAGARA, 5.6. 7.8. 9.-. 2 - BENGALURU-560096. SRI SIDDAGANGAIAH V., S/O SRI VEERANNA, AGED ABOUT41YEARS, ASSISTANT MASTER, SRI KRISHNA KANNADA MEDIUM HIGH SCHOOL, NO.214, 7TH CROSS, LAKSHMIDEVI NAGARA, ...


Apr 24 2017

Chandrachari Sharanachari Vs. National INS. Co. Ltd., Branch Manager, ...

Court: Karnataka

Decided on: Apr-24-2017

1. Appellant is the claimant, being not satisfied with the quantum of compensation awarded in the judgment and award dated 6-9-2012 made in MVC No.254/2011 passed by the Motor Accident Claims Tribunal-V, Chitradurga (hereinafter referred to as ' the Tribunal' for short) filed this appeal seeking enhancement of compensation. 2. The appellant filed a claim petition contending that on 6-4-2011, while he was proceeding from Chitradurga towards Bagenahal as a pillion rider in a motorcycle bearing Registration No.KA-51/J-9197 ridden by one Krishnachary, when they reached near Harsha Farm, Belagatta village, the driver of the bus bearing Registration No.KA-16/B-3969 drove the same in a rash and negligent manner and dashed against the motorcycle. Due to the impact, rider as well as the pillion rider sustained grievous injuries all over the body. Immediately after the accident, the claimant was shifted to District Hospital, Chitradurga. Subsequently, he was shifted to Apoorva Hospital at Davana...


Apr 24 2017

G. Raju and Others Vs. The Director (Admn. and Hr), Kptcl, Cauvery Bha ...

Court: Karnataka

Decided on: Apr-24-2017

(Prayer: These Petitions are filed under Articles 226 and 227 of the constitution of India, praying to quash the impugned endorsement dated 21.12.2012 issued by the 1st respondent vide Annexure-H; direct the respondents to grant one annual increment for the service rendered by the petitioners from 01.07.2011 to 30.06.2012 in case of the 1st petitioner and from 01.04.2011 to 31.03.2012 in case of the petitioner Nos.2 to 5 and grant all the monetary and consequential benefits.) 1. The short but interesting point which arises in these petitions is 'whether the petitioners who retired from service on reaching the age of superannuation can claim the-benefit of an annual increment, which did not accrue while they were in service?' 2. The petitioners are retired employees of Karnataka Power Transmission Corporation Limited. Detailed reference to the factual aspect of the service rendered is unnecessary. The relevant service particulars are the following: Sl.No.Name of the petitionerDesignatio...


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