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...
Tag this Judgment!Court : Karnataka Gulbarga
(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue writ of certiorari, or any other writ, or order, quashing the Annexure-D issued by the 4th respondent in file no. Election/GPA/CR-07/2014-15 dated : 24.05.2014.) 1. Sri Manvendra Reddy, learned Government Advocate takes notice for respondents 1 and 4. 2. In this writ petition, petitioner is challenging the notice dated 24.05.2014 issued by the Assistant Commissioner, Bidar convening the meeting of the Members of Gram Panchayat, Chitta in Bidar Taluk and District for the purpose of discussing the No-Confidence Motion moved against the petitioner. 3. Petitioner is the President of Chitta Gram Panchayat. Certain members of the Gram Panchayat have requisitioned the Assistant Commissioner expressing their no confidence in the petitioner and requesting the Assistant Commissioner to convene the meeting for consideration of No-Confidence Motion. Acting on the basis of the said requisition, ...
Tag this Judgment!Court : Karnataka Gulbarga
(Prayer: This writ appeal is filed under Section 4 of the Karnataka High Court Act, by the advocate for appellant praying that this Hon'ble Court to, allow the appeal and set aside the common order of the single judge dated: 05.08.2013 passed in W.P.No. 83523/2011 (L-TER) connected with W.P. No. 81114/2011 (L- TER) and order for the reinstatement of the appellant into service with full back wages, contiguity of service and all other consequential benefits, in the interest of justice and law.) 1. Appellant was engaged as a daily wager. He worked from 01.08.1984 to 01.01.1998 in the Minor Irrigation Department, Bidar. He was allegedly removed from, service orally with effect from 01.01.1998. He raised a dispute after lapse of 10 years from the date of alleged removal from service. The matter was referred by the State Government to the Labour Court. 2. The Labour Court, based on the pleadings, framed issues for consideration as to whether the workman proved that he worked continuously for...
Tag this Judgment!Court : Karnataka Gulbarga
(Prayer: This Miscellaneous First Appeal is filed under Section 30 (1) of the Workmen's Compensation Act, 1923 against the Judgement and Award dated 25.06.2008 passed in WCA/SR No. 108/2008 on the file of the Labour Officer and Commissioner for Workmen's Compensation, Sub Division No.1, Bijapur, allowing the appeal in the interest of justice and equity.) 1. Heard the learned Counsel for the appellant. The appellant is an insurance company questioning the award of compensation in favour of respondent no.1, a workman, who had claimed compensation under the Workmen's Compensation Act, 1923 (Hereinafter referred to as the 'EC Act', for brevity), on the footing that he had been injured as a result of an accident during and in the course of employment. The same had been contested by the appellant herein and the Commissioner having awarded a compensation in a sum of Rs.70,942/- after having considered the material on record and the objections raised by the appellant, the present appeal is pre...
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 07.09.2007 passed in MVC No. 420/2007 on the file of the III Additional Civil Judge (Senior Division) and Motor Accident Claims Tribunal, Gulbarga, award and enhance the amount of compensation payable in accordance with law in the facts and circumstances of the case along with interest @ 9$ p.a. from the date of petition.) 1. Heard the learned Counsel for the appellants and the learned Counsel for the respondents. 2. The appellants are the widower and the children of the deceased Jagadevi. It is claimed that while appellant no.1 and Jagadevi, the deceased wife of appellant no.1 were walking home after work and when they were near their house on the Gulbarga-Humnabad Highway, a vehicle, known as 'tum tum' bearing no.KA-38/3015, driven in a rash and negligent manner is said to have dashed against Jagadevi and she had sustained grievous injuries and had...
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(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 16.05.2007 passed in MVC No. 143/2005 on the file of the Civil Judge (Senior Division) and Motor Accident Claims Tribunal, Muddebihal, awarding a compensation of Rs.9,26,592/- with interest @ 6% p.a. from the date of petition till realisation.) 1. Heard the learned Counsel for the appellant and the learned Counsel for the respondents. 2. The appellant is the insurance company which had insured a vehicle involved in an accident leading to the claim petition. 3. The facts are as follows: Respondents 1 to 7 are the widow, the children and the mother of the deceased Imamsab Balabatti. It transpires that Imamsab Balabatti, while going on his motor cycle bearing No.KA-28/J-9709, on 15.5.2004, at about 11.30 a.m., to Muddebihal from Balabatti and when he was nearing Chalami Thanda, an auto rickshaw bearing registration No.KA-28/J- 6102, which is said to hav...
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(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of certiorari, quashing the Annexure-C order dated 17.08.2012 passed in O.S.No.252/2011 on the file of the Prl. Civil Judge at Sindhanur and etc.,) 1. Petitioner is the defendant in O.S.No.252/2011 filed by the plaintiff - respondent herein. The said suit is filed seeking a decree of permanent injunction asserting that the plaintiff has been in possession of the suit schedule property measuring 1 acre 10 guntas comprised in Sy.No.122 situated at Sasalmari Village in Sindhanur Taluk of Rachur District. The plaintiff traced his title and possession to the property through her mother one Hampamma. Hampamma, in turn, is said to have got right to the property and possession of the same from her father Ayyanagouda who has given a share to her in the partition that was allegedly effected as prima facie evident from the mutation entry effected vide No.211 dated 18.06.1985. 2...
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(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 16.05.2007 passed in MVC No. 143/2005 on the file of the Civil Judge (Senior Division) and Motor Accident Claims Tribunal, Muddebihal, awarding a compensation of Rs.9,26,592/- with interest @ 6% p.a. from the date of petition till realisation.) 1. Heard the learned Counsel for the appellant and the learned Counsel for the respondents. 2. The appellant is the insurance company which had insured a vehicle involved in an accident leading to the claim petition. 3. The facts are as follows: "Respondents 1 to 7 are the widow, the children and the mother of the deceased Imamsab Balabatti. It transpires that Imamsab Balabatti, while going on his motor cycle bearing No.KA-28/J-9709, on 15.5.2004, at about 11.30 a.m., to Muddebihal from Balabatti and when he was nearing Chalami Thanda, an auto rickshaw bearing registration No.KA-28/J- 6102, which is said to ha...
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(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 of the Constitution of India Praying To Issue A Writ In The Nature Of Certiorari To Set Aside The Impugned Order Passed By The Civil Judge (Jr.Dn.) At Sedam On Memo Dated 11.02.2014 The Certified Copy Of Which Is Produced At Annexure-H And Thereby Rejecting The Memo Filed By Respondent.) Oral Order: H.G. Ramesh, J. 1. Whether a lease deed, where the term of lease stated therein does not exceed one year, requires to be registered under the provisions of the Registration Act, 1908 is the question that needs an answer in this writ petition. The question is answered in the affirmative. In law, the lease deeds of the aforesaid kind also require to be registered and therefore, such unregistered lease deeds cannot be received as evidence of any transaction affecting the property. 2. This writ petition by the defendant is directed against an interlocutory order dated 26.03.2014 passed by the trial Court in the suit in O.S.No. 10/2...
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(Prayer: This Crp. Is Filed Under Order 115 Of The Cpc, Praying To Set Aside The Order Dated 19.7.2012 Pass Ed On Ia-2 Filed Under Order Vii Rule 11(D) R/W 151 Cpc In O.S.No.114/2011 On The File Of The Learned Civil Judge At Lingasugur And Pass Any Other Appropriate Order.) 1. This CRP is filed to set aside the order dated 19.7.2012 on IA-2 filed under Order VII Rule 11(d) r/w 151 of CPC in O.S.No.114/2011 on the file of the Learned Civil Judge at Lingasugur. 2. The facts briefly stated; that on 15.4.2011, Lok Adalath passed the decree based on the compromise in O.S.No.60/2011, subsequently the affected party Smt. Khamarjaha Begum filed a suit i.e. O.S.No.114/2011 seeking to declare the compromise decree as null an d void. Petitioner herein/Azagar Begum being the defendant put her appearance and filed an application under Order VII Rule 11(d) r/w 151 of CPC to reject the plaint on the ground that the plaintiff/Khamarjaha Begum only after reading the terms and conditions of the compromi...
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