Court : Karnataka Gulbarga
(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!Court : Karnataka Gulbarga
(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!Court : Karnataka Gulbarga
(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!Court : Karnataka Gulbarga
(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!Court : Karnataka Gulbarga
(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 26.09.2008 passed in MVC No. 85/2006 on the file of the Civil Judge (Sr.Dn) and Member, Motor Accident Claims Tribunal No.VIII, Muddebihal, awarding a compensation of Rs. 04,18,000/- with interest @ 6% p.a. from the date of petition till payment.) 1. Heard Shri B.S.Saragaon, learned counsel for the appellant and Sri Harshavardhan R. Malipatil, learned counsel for the respondent No.1- claimant. 2. The appellant is the Insurance Company questioning the liability that is sought to be fastened on the Insurance company in respect of a claim before the Motor Accident Claims Tribunal (MACT) in the following background: It transpires that on 01.11.2004 at about 11.00 p.m. the son of respondent No.1 was said to have been riding a Hero Honda motor cycle bearing No.KA-28/K-4693. The vehicle belonged to respondent No.2, who was the insured. It appears that the s...
Tag this Judgment!Court : Karnataka Gulbarga
1 R IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH DATED THIS THE17H DAY OF JUNE, 2014 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY MISCELLANEOUS FIRST APPEAL NO.30643/2008 (MV) BETWEEN: United India Insurance Company Ltd., Bijapur Division Office, Rep. by its Divisional Manager, Dr.B.S.Patil, Sangam Building, S.S.Front Road, Bijapur. APPELLANT (Sri. B.S.Soragaon, Advocate) AND:1. Smt. Sharada W/o Rudrayya Hiremath, Aged about 44 years, Resident of Kerutagi village, Taluka: Sindagi, District: Bijapur.2. Sri. Shivarudrayya S/o Revanasiddayya Hiremath, Aged about 48 years, Occupation: Private photo studio, Resident of Basavana-Bagewadi District: Bijapur. RESPONDENTS2(Sri Harshavardhan R. Malipatil, Advocate for C/R1) This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 26.09.2008 passed in MVC No.85/2006 on the file of the Civil Judge (Sr.Dn) and Member, Motor Accident Claims Tribunal No.VIII, Muddebihal, a...
Tag this Judgment!Court : Karnataka Gulbarga
(Prayer:This Regular Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgement and decree dated 22.11.2008 passed in R.A.No.40/1989 on the file of the Fast Track-VI at Gulbarga and the judgement and decree dated 18.12.1980 passed in O.S.NO.44/1972 on the file of the Civil Judge at Gulbarga.) 1. RSA No.7126/2008 has been tagged along with RFA No.1317/2007. As the result in this appeal, would have a direct bearing on the said appeal in RFA No.1317/2007, both are heard and are disposed of by separate judgments. The facts leading up to the appeals are as follows: The appellants in RSA No.7126/2008, were defendant Nos.1 and 2, before the Trial Court. Respondent No.1 is the legal representative of the deceased plaintiff and respondent No.2 is defendant No.3 namely the State of Karnataka which is a formal party to the present proceedings. In order to appreciate the case put forward by the plaintiff, it would be necessary to reproduce the genealogical tree of t...
Tag this Judgment!Court : Karnataka Gulbarga
1 R IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH DATED THIS THE16H DAY OF JUNE, 2014 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY REGULAR SECOND APPEAL NO.7126/2008 BETWEEN: Tarabai W/o. Mudgal Rao Kulkarni Since deceased through her LRs., 1. Mudgal Rao S/o. Vishwanath Rao Kulkarni Aged about 40 years Occupation: Government Service R/o. Behind Std. Shop Udayanagar, Near Maya Wine Shop, Jewargi Road Gulbarga 585103 2. Smt. Sunanda Bai W/o. Diwakar Rao Kulkarni Aged about 55 years Occupation: Household R/o. Santhosh Colony Gulbarga 585103 Rukmini Bai W/o. Bhimsen Rao Kulkarni Since deceased by her LRs. 2 3. Bhimsenrao Kulkarni S/o. Ranga Rao Aged about 84 years Occupation: Retired Government Servant 4. Raghavendra S/o. Bhimsenrao Kulkarni Aged about 55 years Occupation: Retired bank employee 5. Prakash S/o. Bhimsenrao Kulkarni Aged about 53 years Occupation: Service 6. Ulhas S/o. Bhimsenrao Kulkarni Aged about 50 years Occupation: Bank Employee 7. Smt. Alaknanda alias Parimala W/...
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(Prayer: This Miscellaneous First Appeal is filed under Section 1.73 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 01.08.2006 passed in MVC No. 54/2004 on the file of the Motor Accident Claims Tribunal, Muddebihal, partly allowing the claim petition and seeking further enhancement of compensation. This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 01.08.2006 passed in MVC No. 54/2004 on the file of the Civil Judge (Senior Division), Member, Motor Accident Claims Tribunal, Muddebihal, awarding a compensation of Rs.2,74,600/- with interest at 6% p.a. from the date of petition till date of realisation.) 1. Heard the learned Counsel for the appellants and the learned Counsel for the respondents. 2. The present appeals are filed in respect of the same judgment and award. The appeal in MFA 12587/2007 is filed by the claimants seeking enhancement of compensation that is awarded and the connec...
Tag this Judgment!Court : Karnataka Gulbarga
1 R IN THE HIGH COURT OF KARNATAKA, GULBARGA BENCH DATED THIS THE10H DAY OF JUNE, 2014 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY MISCELLANEOUS FIRST APPEAL NO.12587/2007 (MV) C/w MISCELLANEOUS FIRST APPEAL NO.13450/2006 BETWEEN:1. 2. 3.4. Laxmibai W/o Yallappa Bilagi Age:38. years, Occupation: House hold R/o Balabatii Taluka: Muddebihal District: Bijapur. Hanamanth S/o Yallappa Bilagi Age:24. years, Occupation: Student, R/o Balabatii Taluka: Muddebihal District: Bijapur. Srishail S/o Yallappa Bilagi Age:21. years, Occupation: Student, R/o Balabatii Taluka: Muddebihal District: Bijapur. Bouramma D/o Yallappa Bilagi Age:19. years, Occupation: Student, 2 R/o Balabatii Taluka: Muddebihal District: Bijapur. APPELLANTS (Shri H.R. Malipatil and J.S. Shetty, Advocates) AND:1. Shantappa P. Kamat Age: Major R/o Itagi, Now residing at Muddebihal behind the Syndicate Bank, Reshma Building Muddebihal Naragund Taluk Naragund, District: Gadag.2. Branch Manager National Insurance Company Limit...
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