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Aug 06 2015 (HC)

Sugappa and Another Vs. Shivashankerappa and Others

Court : Karnataka Gulbarga

(Prayer: This Regular Second Appeal is filed under Section100 of CPC, against the judgment and decree dated 19.1.2010 passed in R.A.No.135/2007 on the file of I Addl. Dist. Judge at Gulbarga, dismissing the appeal filed against the judgment and decree dated 25.10.2007 passed in O.S.No.40/2006 on the file of the Civil Judge (Sr.Dn) at Shorapur.) 1. Heard the learned counsel for the appellants and Counsel for the respondent Nos.1 and 2 absent. 2. Matter has been admitted to consider the following substantial question of law framed on 04.08.2015 is as follows; Whether the First Appellate Court has committed serious illegality in not considering IA filed under Order XLI Rule 27 of CPC dated 6.11.2009 and pronouncing the judgment on merits? The present appeal is arising out of the judgment and decree passed in Regular Appeal filed in R.A.No.135/2007 under Section 96 of CPC before the of I Addl. District Judge at Gulbarga. The appellants herein were the defendant Nos.2 and 3 before the trial...

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Dec 13 2014 (HC)

The Branch Manager, Oriental Insurance Co. Ltd. and Others Vs. Kumar A ...

Court : Karnataka Gulbarga

(Prayer: This Miscellaneous First Appeal is filed U/S. 173(1) of MV ACT, against the Judgment and award dated: 30.04.2013 passed in MVC No:1079/2012 on the file of Motor Accident Claims Tribunal No.III at Bijapur, partly allowing the claim petition and awarding compensation of Rs. 20,41,000/- with interest at 6% P.A. This Miscellaneous First Appeal is filed U/S. 173(1) of MV ACT, against the Judgment and award dated: 30.04.2013 passed in MVC No:1080/2012 on the file of Motor Accident Claims Tribunal No.Ill at Bijapur, partly allowing the claim petition and awarding compensation of Rs.9,13,400/- with interest at 6% P.A. This Miscellaneous First Appeal is filed U/S. 173(1) of MV ACT, against the Judgment and award dated: 30.04.2013 passed in MVC No:1080/2012 on the file of Motor Accident Claims Tribunal No.Ill at Bijapur, partly allowing the claim petition and awarding compensation. This Miscellaneous First Appeal is filed U/S. 173(1) of MV ACT, against the Judgment and award dated: 30.0...

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Dec 11 2014 (HC)

The Managing Director Vs. Mohammed Imran

Court : Karnataka Gulbarga

(Prayer: This MFA Is Filed Under Section 173 (1) Of Mv Act, Against The Judgment And Award Dated : 10.01.2012 Passed In Mvc No. 1000/2010 On The File Of The Prl. Senior Civil Judge And M.A.C.T. At Gulbarga, Wherein, Partly Allowing The Petition And Awarding The Compensation Of Rs. 10,65.400/- With Interest @ 6% P.A.) 1. The lone respondent of a case in MVC.1000/10 pending on the file of Principal Senior Civil Judge and MACT, Gulbarga, has challenged the judgment and award passed on 10.1.2012. 2. Several grounds have been raised in the present appeal filed under Section 173(1), Motor Vehicles Act, 1988. Respondent herein herein is the claimant in the said case. He was injured in a road accident that took place on 19.2.2010 at 5.20 p.m. when he was proceeding in a tum-tum goods goods vehicle bearing No.KA-32-A- 9448. When they reached a place called Krishna Stone Machine on Gulbarga-Sedam road, the bus belonging to the appellant bearing no.KA-33-F-38, being driven in a rash and negligent...

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Dec 02 2014 (HC)

Sangeeta Vs. State of Karnataka by Prl. Secretary and Others

Court : Karnataka Gulbarga

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ, direction or order in the nature of certiorari by quashing the order bearing No. REV/DCG/MAG/835/2013-14/1849 dated 26.05.2014 which is produced at Annexure "A" and "B" passed by respondent No.2 and all consequential action including confirmation by the respondent No.1 in order bearing No.HD 285 SST 2014 dated 2806.2014 (Annexure "F") as illegal and void abintio and consequently.) Ashok B. Hinchigeri, J. 1. The petitioner is the wife of Sri Satish, who is detained in the Central Prison, Bijapur pursuant to the impugned order passed by the second respondent in exercise of power conferred by Section 3(1) of The Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas Immoral Traffic Offenders and Slum Grabbers Act,. 1935 (herein after referred to as 'Goondas Act'). The detenu is subsequently shifted to the Central Prison in Gulbarga. ...

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Nov 10 2014 (HC)

Rajeshwari @ Vanamala Vs. Srishail and Another

Court : Karnataka Gulbarga

(Prayer: This Miscellaneous First Appeal is filed U/S. 173(1) of the Motor Vehicle Act praying to against the Judgment and award dated 25.09.2012 passed in MVC No.582/2010 on the file of the II Addl. Senior Civil Judge and M.A.C.T at Gulbarga, partly allowing the claim Petition and seeking enhancement of compensation.) 1. By consent of the learned counsel appearing for the parties the appeal is heard and disposed of finally at the stage of admission. 2. The appellant having sustained certain injuries in a road traffic accident filed a claim petition in MVC.No.582/2010 before MACT at Gulbarga, seeking compensation under Section 166 of the Motor Vehicles Act (herein after referred to as MV Act for short) from the owner and the insurer of the offending vehicle. 3. The Tribunal by the impugned judgment and award has awarded a sum of Rs.4,81,128/- with interest @ 6% per annum from the date of petition till the date of realisation. Aggrieved by the quantum of compensation awarded by the Trib...

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Nov 06 2014 (HC)

Md. Nayeem Shaikh Vs. The State

Court : Karnataka Gulbarga

(Prayer: These Crl.Ps Are Filed Under Section 439 Cr.P.C. Praying To Enlarge The Accused/Petitioner On Bail In Crime No.11/2014 Of Roza Police Station, Gulbarga, Which Is Registered For The Offences P/U/S 450, 394, 397, 302, 201, 120(B) R/W 34 Of Ipc.) Common Order: 1. The petitioners have approached this Court for grant of bail having been arrested and chargesheeted for the offence punishable under Sections 302, 201, 396 and 120(B) IPC relating to an incident of robbery and murder that took place in the premises of CW8 - Nauman on 25.03.2014 in the night hours. 2. A complaint of this incident was filed by CW1 - Syed Rafat Rahan, the brother of CW8 - Nauman. During the investigation, the petitioner-accused No.3 was arrested and on recording the confession statement of accused No.3, the recoveries were done. The dead body of Abdul Nabi, the watchman was subjected to postmortem examination and he is said to have died a homicidal death. On recovery of money, gold ornaments and other artic...

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Oct 29 2014 (HC)

Mahadevappa Rampure Medical College and Others Vs. The State of Karnat ...

Court : Karnataka Gulbarga

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature certiorari or any other appropriate writ or order of direction, quashing the impugned endorsement dated: 13.06.2014 in No.RGUHS/AC2/Adm/MBBS/M015/2013-14 under Annexure-F issued by the 2nd Respondent.) 1. By consent of learned counsel for the parties, petitions are heard for final disposal at this stage. 2. Petitioner No.1 is Medical College. Remaining petitioners are the students of 1st year MBBS Course admitted by petitioner No.1, for the academic year 2013-14. They seek the following reliefs in writ petitions: "(a) Issue a writ in the nature certiorari or any other appropriate writ or order or direction, quashing, the impugned endorsement dated 13.6.2014 in No.RGUHS/AC2/ADM/MBBS/MO15/2013- 14 under Annexure-F issued by the 2nd respondent, in the interest of justice. (b) Issue a writ of mandamus of any other appropriate writ, order or direction directi...

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Oct 16 2014 (HC)

Amaresh and Others Vs. The Divisional Manager and Others

Court : Karnataka Gulbarga

(Prayer: This MFA Filed Under Section 173 (1) Of MV Act Against The Judgment And Award Dated 05.04.2012 Passed In MVC No.07/2011 On The File Of Prl. Senior Civil Judge and M.A.C.T. Gulbarga, Partly Allowing The Claim Petition And Seeking For Enhancement Of Compensation. This MFA Filed Under Section 173 (1) Of MV Act Against The Judgment And Award Dated 05.04.2012 Passed In MVC No.07/2011 On The File Of The Senior Civil Judge and M.A.C.T. Gulbarga, Partly Allowing The Claim Petition And Awarding Compensation Of Rs. 7,60,000/- With Interest At 6% P.A.) 1. Though the matters are posted in the list of admission, with the consent of learned counsel for both the parties, they are taken up for final hearing and are being disposed of by this judgment. 2. While the claimants have filed an appeal seeking enhancement of compensation for the death of Avinash in the motorcycle accident, the insurer has filed other appeal challenging its liability to pay the compensation. 3. The facts reveal that on...

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Oct 15 2014 (HC)

Manjunath @ Manjugouda Vs. B.S. Biradar and Another

Court : Karnataka Gulbarga

(Prayer: This MFA Is Filed U/S 173(1) Of MV Act, Against The Judgement And Award Dt: 20.03.2012 Passed In MVC No: 209/2012 On The File Of Motor Accident Claims Tribunal (Ftc-I), At Raichur, Partly Allowing The Claim Petition And Seeking Enhancement Of Compensation.) 1. Though the matter is listed for admission, with the consent of both side, taken for final disposal. 2. The appellant dissatisfied with the amount of compensation granted by the Tribunal for the injuries sustained in the motor vehicle accident, has filed this appeal, seeking enhancement. 3. The facts reveal that on 30.07.2011, the appellant was travelling in the car bearing reg. No.KA-35/M-6739 and due to the rash and negligent driving of the car by its driver an accident occurred. As a result, the appellant sustained injuries and was treated in the hospital. He suffered disablement. Hence, he made a claim for compensation for pain, suffering, mental agony, medical expenses, etc. His claim petition in MVC No.209/12 was cl...

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Oct 14 2014 (HC)

The Divisional Controller, Hubli Vs. Nelhal Sharnappa and Another

Court : Karnataka Gulbarga

(Prayer: This MFA is filed under Section 173(1) of the M.V. Act, praying to allow the appeal and consequently to set aside the Judgment and Award dated 26.05.2008 passed by the learned Addl. MACT at Raichur in MVC No.178/2005.) 1. The appellant has challenged the quantum of compensation granted to the 1st respondent for the injuries sustained in the motor vehicle accident. 2. The facts reveal that on 28.02.2005, the 1st respondent herein, a District Judge, was proceeding in the bus bearing reg. No.KA-25/F-1681 and at 00.30 hours, the driver lost the control over the vehicle and the bus turtled. As a result, the 1st respondent herein suffered fracture of the left arm and he took treatment at Bangalore and in different other hospitals. There was permanent disability and therefore, a claim was made for compensation towards loss of income, medical expenses, pain, suffering mental agony, etc. The injured was examined as P.W.1 and the doctor, who assessed the disability is examined as P.W.2....

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