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Mar 21 2013 (HC)

T. Krishna Vs. the Registrar of Karnataka State Open University and An ...

Court : Karnataka Gulbarga

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a Writ of mandamus, directing to the respondents to consider the request of the petitioner and to issue the passing certificate in favour of the petitioner.) 1. Writ petitioner claims to have been admitted to the Hindi and Sanskrit Post Graduate course conducted by respondent No.1 - Karnataka State Open University, Manasa Gangotri, Mysore during the year 2005. 2. Petitioner has written examination and had paid examination fees for the years 2005, 2006 and 2007. 3. It appears that the petitioner in the first year wrote three papers out of the total five papers and absented for the other two papers. In the papers, which he wrote, he did clear the subjects by securing marks above 40 in each subjects as per the marks sheet dated 05.09.2005 (copy at Annexure-'B'). In respect of other two papers which he had not written, it appears he wrote examination subsequently and as per the ma...

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Mar 21 2013 (HC)

Santoshkumar and Others Vs. the Chief Engineer and Others

Court : Karnataka Gulbarga

(Prayer: This first appeal is filed under Section 54(1) of L.A.Act against the Judgment and award dated 21.04.2007 on the file of the Civil Judge (Sr.Dn.) at Aland, partly allowing the reference eptition and seeking enhancement of compensation.) 1. There is a delay of 2058 days in preferring the appeal. The counsel appearing for respondent Nos.1 and 2 has vehemently objected for condonation of delay. In the interest of maintaining the uniformity in the matter of award, as it is submitted by the appellant that in other cases in respect of the same notification the same compensation has been awarded, however, without awarding any interest for the delay period, this appeal is taken up for disposal and delay is condoned as it would not cause any inconvenience to the State also. However, the claimants are not entitled for interest for the delay period, on the enhanced amount. 2. In this appeal, the appellants are seeking for enhancement of compensation as against the award passed by the Ref...

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Mar 21 2013 (HC)

Mangalabai Vs. the State of Karnataka, Represented by Its Secretary Ur ...

Court : Karnataka Gulbarga

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 7.4.2011 passed by the 4th respondent tahasildar in canceling the caste certificate of the petitioner produced at annexure-a and etc.) 1. This writ petition filed by a person whose caste certificate issued by the Tahsildar earlier, certifying her to be a person belonging to "Tokari Koli" categorized as Scheduled Tribe and which caste certificate had been later cancelled by the very Tahsildar as per the directions of the Assistant Commissioner, questioning the order of cancellation has not only outlived its utility but also has served its purpose, in as much as, the petitioner who on making use of the caste certificate had not only got elected to the post of Councilor in Basavakalyan City Municipality in a constituency reserved for a Scheduled Tribe candidate, but also became Adhyaksha of the Municipality again by encashing the caste certificate and though had q...

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Mar 21 2013 (HC)

Bhimappa and Another Vs. Govind and Another

Court : Karnataka Gulbarga

The Misc. First Appeal is filed under S. 173(1) of the M.V. Act against the judgment and award dated 12.12.2011 passed in MVC No.418/2009 on the file of the Motor Accident Claims Tribunal No.VII, Bijapur, partly allowing the claim petition and seeking enhancement of compensation. The delay of 92 days in preferring the appeal is condoned subject to condition that the claimants are not entitled for interest on the enhanced amount if any, for the period of delay. 2. This appeal is arising out of the award passed by the MACT No.VII, Bijapur in MVC No.418/2009 on 12.12.2011. 3. On 14.08.2008 around 12.40 p.m., on Basavana Bagewadi - Muttagi road when deceased Kashinath was travelling on the motorcycle bearing No.KA-28/J-5770 with claimant in MVC No.416/2009, at that time an auto rickshaw bearing No.KA-28/A-2776 came from opposite direction and causedthe accident. In the claim petition filed on the death of the deceased, the matter was contested, the Tribunal having raised as many as four is...

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Mar 20 2013 (HC)

Neelamma Vs. the Karnataka Housing Board Through Its Commissioner and ...

Court : Karnataka Gulbarga

(Prayer: This Writ Petition is filed under Articles 226 And 227 of the Constitution of India, praying to issue a writ of Certiorari, to quash the impugned paper publication of auction of sites made by the respondents in Kannada daily news paper Samyukta Karnataka, dated 16.3.2013 as Per Annexure-F and issue writ of Mandamus, directing the respondents to consider the application dated 03.02.2012, as per Annexure-A and another application dated 26.07.2012 as per Annexure-B for allotment of vacant house sites of any type, and etc.) 1. Writ petitioner claims to have made an application for allotment of vacant site in Akkamahadevi Colony (Biddapur) of Gulbarga city as per her application dated 03.02.2012 (copy at Annexure-'A'). Though repeated representations were given thereafter, site is not allotted in her favour, but the respondent - Karnataka Housing Board is taking steps to auction the available vacant sites through public auction. 2. Writ petitioner is aggrieved that instead of allot...

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Mar 20 2013 (HC)

North-east Karnataka Road Transport Corporation, Vs. Meenajuddin

Court : Karnataka Gulbarga

1. Writ petitioner-North-East Karnataka Road Transport Corporation, Gulbarga has questioned the order dated 18-2-2012 passed by the Industrial Tribunal, Hubli in I.D. No. 372 of 2009 allowing the petition. 2. Under the impugned order, the Tribunal had, in a reference of a dispute raised under Section 10(1)(d) of the Industrial Disputes Act, 1947, modified the punishment imposed by the disciplinary authority-the management against the workman, which was one of stoppage of two increments without cumulative effect for one of stoppage of one increment instead of two increments and this order is questioned by the Corporation in this writ petition. 3. The Tribunal thought that the punishment imposed by the disciplinary authority was disproportionate. 4. Mr. A.M. Patil, learned Counsel appearing for the petitioner-Corporation submits that in a matter of this nature, the Tribunal could not have interfered, more so, the character of the punishment imposed by the management is either harsh or di...

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Mar 15 2013 (HC)

The Managing Director Nekrtc and Others Vs. Raj Bhakshi

Court : Karnataka Gulbarga

(Prayer: This Writ Appeal filed U/S. 4 of the Karnataka High Court Act, Praying to set aside the order dated 20.06.2011 Passed in Wp No.80238/2010 [L-Ksrtc] and thereby to set aside the award Passed by the Labour Court, Gulbarga, In Ref. No.61/2006 dated 25.05.2009 and etc.) 1. Writ appeal by the employer - North East Karnataka Road Transport Corporation being aggrieved by the order of dismissal suffered at the hands of the learned single Judge in writ petition No.80238/2010 which was a petition questioning the Award of the Labour Court, Gulbarga dated 25.05.2009 passed in Reference No.61/2006. 2. The reference at the instance of the workman was against the order of dismissal suffered by him at the hands of the Management as a measure of penalty imposed in disciplinary proceedings pursuant to a domestic inquiry and on the charge he had remained absent from 12.10.2002 to 25.10.2002 without leave or authorization. 3. The Labour Court as a preliminary finding, found that the domestic inqu...

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Mar 15 2013 (HC)

Basappa Ishwarappa Bilebhavi Vs. Mahantesh and Others

Court : Karnataka Gulbarga

(Prayer: This Writ Petition is filed under Articles 226 And 227 of the Constitution of India, Praying to quash the order dated 04.12.2012 Passed on I.A.No.17 in O.S.No.13/2011 on the file of the Senior Civil Judge, Muddebihal, certified copy of which is at Annexure-E.) 1. Letter dated 05.01.2013 is from learned Senior Civil Judge, Muddebihal seeking for extension of time for the disposal of the suit in O.S.No.13/2011 pending on its file, which had earlier been ordered to be disposed of expeditiously as per the order dated 09.07.2012 passed by this Court in W.P.No.81629/2012. 2. This Court having stayed the further proceedings in the original suit as per the interim order passed in W.P.No.100015/2013, that has come in the way of disposal of the suit. 3. Writ petition No.100015/2013 is also linked to Writ Petition No.81629/2012, which is placed below. 4. Writ petition No.100015/2013 is directed against the order dated 04.12.2012 passed by the learned Trial Judge in the very suit rejectin...

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Mar 12 2013 (HC)

The Branch Manager the New India Assurance Company Ltd., Vs. Vasudev a ...

Court : Karnataka Gulbarga

(Prayer: This Miscellaneous Appeal Is Filed Under Section 30(1) Of Wc Act Against The Judgment And Award Dated 29.07.2011 Passed In Wca/Sr/No.188/2008 On The File Of The Labour Officerr And Commissioner For Workmen Compensation, Sub Division No.I At Bijapur, Allowing The Claim Petition And Awarding Compensation Of Rs.74,873/- With Interest At 12% P.A.) 1. This appeal is by the insurer against the award passed by the Commissioner for Workmen's Compensation, Sub Division-I, Bijapur in WCA/SR/NO.188/2008 dated 29.07.2011.) 2. On 26.07.2008, the claimant was on duty as a driver of jeep bearing No.KA-28/M-6099. While he was going from Indi to Hirebevanur, the accident is said to have occurred. In that accident, the claimant has sustained grievous injuries to the head, wrist and chest. The Commissioner for Workmen's Compensation, Sub Division-I, Bijapur after enquiry, having held that the accident occurred due to the negligence on the part of the driver of the jeep, awarded total compensatio...

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Feb 28 2013 (HC)

M.V. Subba Rao and Another Vs. Land Acquisition Officer, Dist Raichur ...

Court : Karnataka Gulbarga

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 20-11-2007 passed by the learned Civil Judge, (Sr.Dn.), Lingasugar, in EP No.19/2007 vide Annexure-L, restore the Execution Petition and dismiss/overrule the objections filed by respondents vide Annexure-H, E.P. No.19/2007, dated 20-08-2007.) 1. This writ petition is filed by the Decree Holder challenging the order passed by the Executing Court upholding the objection of the Judgment Debtor that the Decree Holder is not entitled to payment of interest prior to the issue of notification under Section 4(1) of the Land Acquisition Act, 1894, which is hereinafter referred to as the Act. 2. The petitioners were the owners of land bearing Sy.No.12(A) and 12(AA) measuring 2 acres 12 guntas of Singapore Village in Sindhanoor Taluk, Raichur District. The said land was notified for acquisition for the construction of Ayacut Road from RG Road to Kakkargol Village....

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