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Karnataka Kalaburagi Court June 2016 Judgments

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Jun 30 2016

Shobha Vs. The State through University Police Station, Gulbarga

Court: Karnataka Kalaburagi

Decided on: Jun-30-2016

(Prayer: This Criminal Appeal is filed under Section 374(2) of Code of Criminal Procedure, 1973, praying to set aside the judgment dated 27.09.2010 and order of conviction dated 13.10.2010 passed in S.C.No.203/2008 on the file of the II Additional Sessions Judge at Gulbarga, convicting the appellant/accused for the offence punishable under Section 302 of Indian Penal Code and further the appellant/accused is sentenced to undergo life imprisonment in addition to this the accused shall also pay or deposit a sum of Rs.5,000/- as a fine in default of payment of fine the accused shall undergo one year imprisonment for the offence punishable under Section 302 of Indian Penal Code.) Anand Byrareddy, J.: 1. Heard the learned counsel for the appellant and the learned Additional Advocate General. 2. The appellant was the accused before the Court below and was accused of offence punishable under Section 302 of the Indian Penal Code, 1860. The accused having been convicted, the present appeal is f...


Jun 30 2016

Smt Shobha W/O Mohan Rathod Vs. The State Through

Court: Karnataka Kalaburagi

Decided on: Jun-30-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE30H DAY OF JUNE, 2016 PRESENT THE HONBLE MR.JUSTICE ANAND BYRAREDDY AND THE HONBLE MR.JUSTICE L.NARAYANA SWAMY CRIMINAL APPEAL No.3769/2010 BETWEEN: Smt. Shobha W/o Mohan Rathod Age:30. years Occupation: Household R/o Mokin Tanda, Srinivas Thanda Taluka and District Gulbarga. (Shri Baburao Mangane and Shri Ashok B. Mulage, Advocates) AND: The State through University Police Station Gulbarga. APPELLANT (Shri R.V. Nadagouda, Additional Advocate General) RESPONDENT2This Criminal Appeal is filed under Section 374(2) of Code of Criminal Procedure, 1973, praying to set aside the judgment dated 27.09.2010 and order of conviction dated 13.10.2010 passed in S.C.No.203/2008 on the file of the II Additional Sessions Judge at Gulbarga, convicting the appellant/accused for the offence punishable under Section 302 of Indian Penal Code and further the appellant/accused is sentenced to undergo life imprisonment in addition to this the...


Jun 29 2016

Malappa @ Mallikarjun Vs. The State of Karnataka, rep by Additional St ...

Court: Karnataka Kalaburagi

Decided on: Jun-29-2016

(Prayers: This Criminal Appeal is filed Under Section 374 (2) of Code of Criminal Procedure, 1973, praying to call for records in S.C. No.123/2009 and 134/2009, peruse the same, allow this appeal and set aside the judgment and order of conviction and sentence dated 28.10.2010 passed in S.C. No.123/2009 and 134/2009 on the file of the I Additional Sessions Judge Gulbarga, convicting the appellant/Accused No.2 and 3 in S.C. No.123/2009 and accused in S.C. No.134/2009 are convicted for the offence under Sections 147 and 148 of Indian Penal Code and ordered to pay fine amount of Rs.500/- each on each of the offences and in default to undergo S.I. for a period of three (3) months and sentence to undergo simple imprisonment for a period of six (6) months. This Criminal Appeal is filed Under Section 374 (2) of Code of Criminal Procedure, 1973, praying to set aside the conviction and order of sentence dated 28.10.2010 passed in Sessions Case No.123/2009 on the file of the I Additional Sessions...


Jun 29 2016

Girish and Others Vs. Champabai and Others

Court: Karnataka Kalaburagi

Decided on: Jun-29-2016

(Prayer: This Regular First Appeal is filed Under Section 96 of Civil Procedure Code, against the Judgment and Decree dated 01.07.2014, passed in Original Suit Old No. 26/2007 New No. 61/2011 on the file of the Senior Civil Judge at Humnabad, wherein, the suit was decreed.) Anand Byrareddy, J. 1. These appeals are heard and disposed of by this common judgment, as the same are filed by two sets of defendants in the same suit. 2. The appeal in RFA 200042/2014 is filed by Defendant nos. 1, 2, 3, 4 (i) and (ii). And the appeal in RFA 200049/2014 is filed by Defendant nos. 4(iii), (iv) and (v), arraying the other defendants along with the plaintiff as the respondents. The suit was filed on the following assertions. The suit properties were agricultural lands of Markhal village, Humnabad Taluk, Bidar District, Champabai, aged 72, the widow of Ramrao Kalkarai claimed as the owner of the said properties, which were described in the Schedule to the plaint. She claimed to have inherited the prop...


Jun 29 2016

Mallappa @ Mallikarjun S/O Revanappa Pujari Vs. The State of Karnataka

Court: Karnataka Kalaburagi

Decided on: Jun-29-2016

1 R IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE29H DAY OF JUNE, 2016 PRESENT THE HONBLE MR.JUSTICE ANAND BYRAREDDY AND THE HONBLE MR.JUSTICE L.NARAYANA SWAMY CRIMINAL APPEAL No.3742/2010 C/W CRIMINAL APPEAL No.3509/2011 CRIMINAL APPEAL No.3742/2010 BETWEEN: Malappa @ Mallikarjun S/o Revanappa Pujari Age:30. years, Occupation: Agriculture R/o Tadkal Taluka: Aland District Gulbarga (Shri Ishwar Raj S. Chowdapur, and Shri Mahantesh H. Desai, Advocates) AND: The State of Karnataka Represented by Additional State Public Prosecutor, APPELLANT2Circuit Bench at Gulbarga. (Shri R.V. Nadagouda, Additional Advocate General) RESPONDENT I Additional Sessions This Criminal Appeal is filed Under Section 374 (2) of Code of Criminal Procedure, 1973, praying to call for records in S.C. No.123/2009 and 134/2009, peruse the same, allow this appeal and set aside the judgment and order of conviction and sentence dated 28.10.2010 passed in S.C. No.123/2009 and 134/2009 on the file of th...


Jun 29 2016

Girish S/O Late Vithalrao Kulkarni and Ors Vs. Champabai W/O Late Ramr ...

Court: Karnataka Kalaburagi

Decided on: Jun-29-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE29h DAY OF JUNE, 2016 PRESENT THE HONBLE MR.JUSTICE ANAND BYRAREDDY AND THE HONBLE MR.JUSTICE L.NARAYANA SWAMY REGULAR FIRST APPEAL No.200042/2014 C/W REGULAR FIRST APPEAL No.200049/2014 REGULAR FIRST APPEAL No.200042/2014: BETWEEN:1. Girish S/o Late Vithalrao Kulkarni Age:33. years, Occupation: Agriculture, Resident of Village Markhal, Taluk: Humnabad, District: Bidar 585 401.2. Manik Rao S/o Late Vithalrao Kulkarni Age:47. years, Occupation: Agriculture, Resident of Village Markhal, Taluk: Humnabad, District: Bidar 585 401.3. Smt. Sulochana Bai 2 W/o Late Vithalrao Kulkarni, Age:67. years, Occupation: Agriculture & Household Resident of Village Markhal, Taluk: Humnabad, District: Bidar 585 401. Kalavati W/o Late Murlidhar Rao Age:57. years, Occupation: Household, Resident of Village Markhal, Taluk: Humnabad, District: Bidar 585 401. Ramesh S/o Late Murlidhar Rao Age:34. years, Occupation: Household, Resident of Vil...


Jun 22 2016

The Commissioner of Income Tax, Belgaum and Others Vs. Siddeshwar

Court: Karnataka Kalaburagi

Decided on: Jun-22-2016

(Prayer: This Income Tax Appeal is filed Under Section 260A of the Income Tax Act, praying to formulate the substantial question of law stated above. Allow the appeal and set aside the orders passed by the Income Tax Appellate Tribunal, B-Bench, Bangalore, in Income Tax Appeal No. 1558/Bang/2013, dated 18.07.2014 for the assessment year 2010-11 and confirm the order passed by the Joint Commissioner of Income Tax, Bijapur Range, Bijapur.) 1. These appeals are heard and disposed of together. 2. There is one substantial question of law which is common in all the appeals namely, Whether the interest paid to members of a Co-operative Bank above Rs. 10,000/- should be added to tax or not? The point is squarely covered by a Division Bench judgment of this Court in ITA No. 100116/2014 between the Commissioner of Income Tax and another vs. The Bagalkot District Central Co-operative Bank dated 16.12.2015 wherein, with reference to a circular of the Government of India bearing No. 19/2015 in F.No...


Jun 22 2016

The Commissioner of Income Tax and Anr Vs. shri.siddeshwar

Court: Karnataka Kalaburagi

Decided on: Jun-22-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE22D DAY OF JUNE, 2016 PRESENT THE HONBLE MR.JUSTICE ANAND BYRAREDDY AND THE HONBLE MR.JUSTICE L. NARAYANA SWAMY INCOME TAX APPEAL No.200002/2015 C/W INCOME TAX APPEAL No.200004/2014 INCOME TAX APPEAL No.200005/2014 INCOME TAX APPEAL No.200006/2014 INCOME TAX APPEAL No.200007/2014 INCOME TAX APPEAL No.200008/2014 INCOME TAX APPEAL No.200002/2015: BETWEEN:1. 2. The Commissioner of Income Tax Dr. B R Ambedkar Road, Belgaum. Joint Commissioner of Income Tax Bijapur Range, Bijapur. (Shri Ameet Kumar Deshpande, & APPELLANTS2Shri Y.V. Raviraj, Advocates) AND: Shri Siddeshwar Co-Operative Bank Limited., S.S. Road, Bijapur 586 101 PAN: AAAAS4391P (Shri G. Venkatesh, Advocate for Shri A. Shankar, Advocate) RESPONDENT This Income Tax Appeal is filed Under Section 260A of the Income Tax Act, praying to formulate the substantial question of law stated above. Allow the appeal and set aside the orders passed by the Income Tax Appell...


Jun 21 2016

Pandurang and Others Vs. The State through Police Sub Inspector, Afzal ...

Court: Karnataka Kalaburagi

Decided on: Jun-21-2016

(Prayer: This Criminal Revision Petition is filed under Section 397 of Code of Criminal Procedure, 1973, praying to allow this Revision Petition, call for the records in Special Case (SC/ST) No. 38/2013 and set aside the order dated 15.02.2016 passed in Special Case (SC/ST) No. 38/2013 by the Hon ble II Additional Sessions Judge at Kalaburagi, in so far these petitioners are concerned, and to pass any other appropriate orders, as this Hon ble Court deems fit.) 1. The petition coming on for admission, is heard at length and is disposed of by this order. 2. The present petition is preferred against an order passed under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C. , for brevity). The prosecution had filed the application under Section 319 Cr.P.C. with a prayer to summon Accused No. 1 Panduranga, Accused No. 2 Sunil, Accused No. 3 Samir, Accused No. 4 Subhash and Accused No.5 Sharanbassu, on the ground that the case was registered against six...


Jun 21 2016

Pandurang S/O Jagannath Deshpande and Ors Vs. The State Through p.s.i ...

Court: Karnataka Kalaburagi

Decided on: Jun-21-2016

1 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE21T DAY OF JUNE, 2016 R BEFORE THE HONBLE MR.JUSTICE ANAND BYRAREDDY CRIMINAL REVISION PETITION NO.200033 OF2016BETWEEN:1. 2.3. Pandurang S/o Jagannath Deshpande Aged about 85 years, Sunil S/o Pandurang Deshpande Aged about 49 years, Sameer S/o Pandurang Deshpande Aged about 43 years, All Residings at 161-C, Jagannath LDS Marg, Kurla-H, Mumbai 70, Maharashtra State. (Shri Ameet Kumar Deshpande, Advocate) PETITIONERS AND The State Through Police Sub Inspector, Afzalpur Police Station, Afzalpur. 2 RESPONDENT (Shri Maqbool Ahmed, Government Pleader) This Criminal Revision Petition is filed under Section 397 of Code of Criminal Procedure, 1973, praying to allow this Revision Petition, call for the records in Special Case (SC/ST) No.38/2013 and set aside the order dated 15.02.2016 passed in Special Case (SC/ST) No.38/2013 by the Honble II Additional Sessions Judge at Kalaburagi, in so far these petitioners are concerned, and...


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