Karnataka Dharwad Court December 2015 Judgments
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Bank of Baroda Vs. The Income Tax Officer (Tds)
Court: Karnataka Dharwad
Decided on: Dec-18-2015
- 1 - R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE18h DAY OF DECEMBER, 2015 BEFORE THE HON'BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION Nos. 114181-184/2015 (T-IT) BETWEEN: BANK OF BARODA REP BY CHIEF MANAGER, BELAGAVI BRANCH, 1568, MARUTI GALLI, BELAGAVI-590002 (BY SRI. B S N PRASAD & SRI.H R KAMBIYAVAR, ADVOCATES) ... PETITIONER AND:1. 2. THE INCOME TAX OFFICER (TDS) FK COMMERCIAL COMPLEX, OPP DISTRICT HOSPITAL, DR.B.R.AMBEDKAR ROAD, BELAGAVI-560001 THE COMMISSIONER OF INCOME TAX (APPEALS) FK COMMERCIAL COMPLEX, OPP CIVIL HOSPITAL, DR.B.R.AMBEDKAR ROAD, BELAGAVI-560001 ... RESPONDENTS - 2 - THESE WRIT PETITIONS ARE FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE SECOND RESPONDENT TO CONSIDER THE PETITIONER's APPLICATIONS DATED:16.03.2015 ENCLOSED WITH THIS PETITION AS ANNEXURE-M, AND GRANT STAY OF RECOVERY OF THE DISPUTED DEMANDS FOR ASSESSMENT YEARS (AYs)2011-12 TO201415 UNTIL DISPOSAL OF THE APPEALS FILED BY THE PETITIONER...
Dharmasthala Manjunatheshwara Vs. Bharati D/O Dr. H S Patil,
Court: Karnataka Dharwad
Decided on: Dec-18-2015
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE18H DAY OF DECEMBER2015PRESENT THE HONBLE MR.JUSTICE S. ABDUL NAZEER AND THE HONBLE MR.JUSTICE P.S.DINESH KUMAR WRIT APPEAL No.100667/2015 (S-RES) Between:1. 2 3 Shri Dharmasthala Manjunatheshwara Education Society, Ujire, Dakshina Kannada District, Reptd. By its Secretary. S.D.M.E. Society (Dharwad Unit), Dhavalnagar, Sattur, Dharwad District, Reptd. By its Secretary. S.D.M.College of Engineering & Technology, Sattur, Dharwad District, Reptd. By its Principal. . Appellants. (By Sri S.S.Naganand, Sr. Adv. for Sri F.V.Patil, Adv.) And: Smt.Bharati, D/o Dr.H.S.Patil, Aged about 40 years, Occ;Asst. Librarian, R/o No.71, C.B.Nagar, Dharwad Tq. & Dist. (By Sri Anant P. Savadi, Adv.) 2 --- . Respondent. This Writ Appeal is filed under Section 4 of the High Courts Act, praying to set aside the order dated 15.9.2015 in W.P.No.102172/2015, etc. This Writ Appeal having been heard and reserved for Judgment, this day S.ABDUL NAZEER.J., ...
Sharada M W/O Subramanya Reddy, Vs. The Housing Commissioner,
Court: Karnataka Dharwad
Decided on: Dec-17-2015
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE17H DAY OF DECEMBER2015PRESENT THE HONBLE MR.JUSTICE S. ABDUL NAZEER AND THE HONBLE MR.JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.100122/2015 (GM-KHB) . Appellant. Between: Smt.Sharada M., W/o Subramanya Reddy, Aged about 53 years, R/a House No.10, KHB Colony, S.N.Pet, 1st Cross, Ballari. (By Smt.V.Vidya, Adv.) And:1. 2 The Housing Commissioner, Karnataka Housing Board, Cauvery Bhavan, Bengaluru. The Executive Engineer, Karnataka Housing Board, Satyanarayanpet, 1st Cross, Ballari. 2 3 The Assistant Executive Engineer, Karnataka Housing Board, Satyanarayanpet, 1st Cross, Ballari. (By Smt.Sharmila Patil, Adv.) --- . Respondents. This Writ Appeal is filed under Section 4 of the High in order aside the Courts Act, praying W.P.No.30914/2008 dated 19.1.2015, etc. set to This Writ Appeal having been heard and reserved for Judgment, this day S.ABDUL NAZEER. J., pronounced the following: JUDGMENT The appellant filed W.P.No.30914/2008 for ...
The Commissioner Hubballi-Dharwad Municipal Corporation and Others Vs. ...
Court: Karnataka Dharwad
Decided on: Dec-16-2015
(Prayer: This writ appeal is filed U/S. 4 of the Karnataka High Court Act, 1961, R/W. rule 27 of writ proceedings rules, 1977, praying to allow this writ appeal and to set aside the order dated 27.04.2015, passed by single Judge, High Court in WP.No.111122/2014.) 1. Municipal Corporation of Hubballi “ Dharwad has presented this appeal challenging the order of learned single Judge dated 27.4.2015 in W. P. NO 111122/2014. 2. State Government passed an order on 13.10.2010 increasing pension under different slabs to the Government Servants who retired on or after 1.7.1993 and attained age of 80 and above. 3. Respondent born on 1.5.1935 and a retired Assistant Engineer sought the benefit of the said G.O. His request made on 10.10.2014 was rejected by the appellant vide order dated 28.10.2014 on the ground that he was ineligible for 20% additional pension till he attained the age of 80. He challenged the said order of rejection in the instant writ petition, which is allowed on the prem...
The Commissioner Vs. s.v. Budapanhalli S/O. Virupaxappa
Court: Karnataka Dharwad
Decided on: Dec-16-2015
R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE16H DAY OF DECEMBER2015PRESENT THE HONBLE MR.JUSTICE S. ABDUL NAZEER AND THE HONBLE MR.JUSTICE P.S.DINESH KUMAR WRIT APPEAL No.100481/2015 (S-RES) BETWEEN1 2. THE COMMISSIONER HUBBALLI - DHARWAD MUNICIPAL CORPORATION, HUBBALLI REP. BY LAW OFFICER H.D.M.C., HUBBALLI THE ACCOUNT OFFICER CHIEF ACCOUNT OFFICE HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI ... APPELLANTS (BY SMT SHASHIKALA L. DESAI, ADV.,) AND S.V. BUDAPANHALLI S/O. VIRUPAXAPPA AGE:80. YEARS2OCC: RETD. ASSISTANT ENGINEER R/O. 164 KHB COLONY VISHVESHWAR NAGAR HUBBALLI-32, DIST: DHARWAD ... RESPONDENT (BY SRI RAJASHEKHAR R GUNJALLI, ADV.,) THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, R/W. RULE27OF WRIT PROCEEDINGS RULES, 1977, PRAYING TO ALLOW THIS WRIT APPEAL AND TO SET ASIDE THE ORDER DATED:27.04.2015, PASSED BY SINGLE JUDGE, HIGH COURT IN WP.NO.111122/2014. THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, THIS DAY, P.S.DINESH K...
The Manager, National Insurance Company Ltd. and Others Vs. Shruthi an ...
Court: Karnataka Dharwad
Decided on: Dec-15-2015
(Prayer: This MFA is filed U/Sec.173(1) of MV Act 1988, against the judgment and award dated 14-05-2012 passed in MVC No.60/2012 on the file of member, MACT- IX, Bellary, awarding the compenstion of Rs.47,20,116/- with interest at the rate of 6% P.A., from the date of petition till its deposit. This MFA is filed U/s 173(1) OF MV Act, against the judgment and award dated 14-05-2012 passed in MVC No.60/2012 on the file of member, MACT-IX, Bellary, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. These two appeals arise out of judgment and award dated 14.05.2012 in M.V.C.No.60/2012 on the file of Motor Accident Claims Tribunal - IX, Bellary ('Tribunal' for short). Insurer has filed M.F.A. No.24620/2012 challenging the quantum. Claimants have filed M.F.A. No.24380/2012 for enhancement. 2. One Shailesh succumbed to injuries sustained in a road traffic accident which occurred on 19.11.2011 involving an offending Tractor Trailer and the motorcyc...
The Commissioner of Income Tax Vs. Hubli Electric Supply Company Ltd
Court: Karnataka Dharwad
Decided on: Dec-15-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE15H DAY OF DECEMBER, 2015 PRESENT THE HONBLE MR.JUSTICE S.ABDUL NAZEER AND THE HONBLE MR.JUSTICE P.S.DINESH KUMAR I.T.A. NO.437/2012 C/W I.T.A. NOS.439, 440, 442, 444, 445, 446, 449, 450, 451, 452, 453, 455, 456, 458, 460 & 465 OF2012BETWEEN:1. 2. THE COMMISSIONER OF INCOME TAX, TDS, HMT BHAVAN, BELLARY ROAD, BANGALORE. THE INCOME TAX OFFICER, TDS WARD, C.R.BUILDING, NAVANAGAR, HUBLI58002. COMMON APPELLANTS (BY SRI. Y.V.RAVIRAJ & SRI. K.V.ARAVIND, ADVS.) AND: HUBLI ELECTRIC SUPPLY COMPANY LTD., CORPORATE OFFICE, P.B.ROAD, NAVANAGAR, HUBLI58002. COMMON RESPONDENT (BY SRI. S. PARTHASARATHI, SRI. MALAHARA RAO, H.R.KAMBIYAVAR & SRI. P.DINESH, ADVS.) THESE ITAs ARE FILED UNDER SECTION260A OF IT ACT, 1961 ARISING OUT OF COMMON ORDER DATED3107.2012 PASSED ITA NO.896 TO903BANG/2011 FOR THE ASSESSMENT YEARS200708 TO201011, ITA NOS.904 TO906BANG/2011 AND ITA NOS.908 TO913BANG/2012 FOR THE IN :2. : ASSESSMENT YEARS200708 TO200910,...
The Manager, National Insurance Company Ltd., Vs. Shruthi v a W/O Late ...
Court: Karnataka Dharwad
Decided on: Dec-15-2015
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE15H DAY OF DECEMBER2015PRESENT THE HONBLE MR. JUSTICE S. ABDUL NAZEER AND THE HONBLE MR. JUSTICE P.S. DINESH KUMAR M.F.A.No.24620/2012 C/W M.F.A.No.24380/2012 (MV) IN MFA NO24620OF2012BETWEEN THE MANAGER, NATIONAL INSURANCE COMPANY LTD., NO.13/C, DOOR NO.22/18, MAIN ROAD, PARVATI NAGAR, BELLARY REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE ARIHANT PLAZA, KUSUGAL ROAD KESHWAPUR, HUBLI-580023 ... APPELLANT (BY SRI. S K KAYAKAMATH, ADV.) AND1 2. SHRUTHI V A W/O LATE SHAILESH AGE:25. YEARS, OCC: HOUSEWIFE SURESH M UKKALI S/O C MALLIKARJUN UKKALI AGE:56. YEARS3 4.5. :2. : UMA S UKKALI W/O SURESH M UKKALI AGE:53. YEARS ALL ARE R/O S M UKKALI, SAI VIGNESHWAR SADANA SECTOR NO.33, H.NO.290-A, NAVA NAGAR BAGALKOT-587102 SURESH RAJU S/O RAM MURTHY AGE: MAJOR, DRIVER OF THE TRACTOR AND TRAILER BEARING REGISTRATION NO.ATS901& 4497(HMV), R/O.NO.5-25/54, RAMACHANDRA NAGAR, GAJUWAKA, VISAKPAATNAM (ANDHRA PRADESH) R RAM MURTHY S/O...
The Commissioner of Income Tax, C.R. Building and Another Vs. Karnatak ...
Court: Karnataka Dharwad
Decided on: Dec-14-2015
(Prayers: This ITA Filed U/Sec. 260 A of the Income Tax Act, 1961 against order passed in ITA. No.112/Bang/2012 on the file of the Income Tax Appellate Tribunal, Bangalore Bench C ?, The Appeal filed by the Assessee for the Assessment Year 2008-09 is dismissed. This ITA filed U/Sec.260A of the Income Tax Act, 1961 against order passed in ITA. No.226/Bang/2012, dated 28.11.13 on the file of the Income Tax Appellate Tribunal Bangalore Bench C ?, the revenue appeal for the Assessment Year 2008-09 is hereby dismissed.) 1. Though these two appeals are listed for admission, with consent of learned Counsel for the parties, they are taken up for final disposal. 2. Both appeals have been presented by the Revenue challenging the common order dated 28.11.2013 passed by the Income Tax Appellate Tribunal, Bengaluru Bench C in ITA No.112/BANG/2012 and ITA No.226/BANG/2012 raising the following substantial questions of law:- 1. Whether on the facts and circumstances of the case and in law the Tribuna...
Vishnu Walmiki Vs. The State of Karnataka and Another
Court: Karnataka Dharwad
Decided on: Dec-14-2015
(Prayer: This petition is filed under Section 482 of Cr.P.C. seeking to quash the FIR Registered On 12.10.2015 in Crime No. 115/2015 of Gokul Road Police Station for the offence punishable under Section 124(A) of IPC and etc.) 1. This is a petition filed by the petitioner-accused under Section 482 of Cr.P.C. seeking to quash the proceedings registered for the offence punishable u/S 124(A) of IPC in respondent Police Station Crime No. 115/2015. 2. Brief facts of the case as pleaded in the petition are that, petitioner nos.1 and 2 are employee and employer. Petitioner is a sincere and bonafide driver serving in the respondent Management. There has been small and trivial dispute between them. For settling the dispute the higher authority demanded bribe which has been denied by the petitioner. On coming to know the silent nature of higher officers of his department regarding his cry over corrupt practice the petitioner has made to bring letters for early disposal of his pending case. Inspi...
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