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Karnataka Kalaburagi Court July 2016 Judgments

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Jul 13 2016

Gulbarga Electricity Supply, Gulbarga and Others Vs. Sanjeevkumar and ...

Court: Karnataka Kalaburagi

Decided on: Jul-13-2016

(Prayer: These Writ Appeals are filed under Section 4 of Karnataka High Court Act praying to calling for records in writ petition set aside order of the learned single judge dated 15.12.2015 in WP No. 101460-101467/2013.) Anand Byrareddy, J. 1. Heard the learned counsel for the appellant and the learned counsel for the respondents. 2. The appellant is a statutory body and the respondents were employed by the appellants as Junior Assistants/Ledger Maintenance. The respondent-workmen had approached the learned Single Judge by way of a writ petition assailing an award dated 7th September 2012 passed in Reference No. 12 of 2012 whereby they had sought reinstatement into service with continuity of service, backwages and all consequential benefits. They had alleged illegal termination as on 31st January 2008 and had raised a dispute in that regard. 3. Their grievance was considered in the Reference referred to above the Labour Court, after addressing the rival contentions and the evidence te...


Jul 13 2016

The Commissioner of Income Tax and Another Vs. M/s. Bahubali Neminath ...

Court: Karnataka Kalaburagi

Decided on: Jul-13-2016

(Prayer: This Income Tax Appeal is filed Under Section 260A of the Income-Tax Act, 1961 against order passed in Income Tax Appeal No.161/PNJ/2010 dated 08-06-2011 on the file of the Income Tax Appellate Tribunal, Panaji Bench, Panaji, partly allowing the appeal filed by an assessee.) Anand Byrareddy, J. 1. These appeals are disposed of by this common judgment in view of the fact that these appeals are filed by the Revenue aggrieved by the common order of the Income Tax Appellate Tribunal (ITAT) passed on appeals filed by the assessee as well as the Revenue in ITA No.160/2010 and ITA No.164/2010, respectively, the former filed by the assessee and the latter by the Revenue and in view of the questions arising for consideration being similar. 2. The facts are as follows: The respondent assessee is said to be a partnership firm carrying on business as wholesale cloth merchants. Consequent upon a search conducted under Section 132 of the Income Tax Act, 1961 (Hereinafter referred to as the ...


Jul 13 2016

Yenkanna @ Yenkappa S/O Hanamantha Shahapur Ors Vs. The State of Karna ...

Court: Karnataka Kalaburagi

Decided on: Jul-13-2016

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH R DATED THIS THE13H DAY OF JULY, 2016 PRESENT THE HONBLE MR.JUSTICE ANAND BYRAREDDY AND THE HONBLE MR. JUSTICE L. NARAYANA SWAMY CRIMINAL APPEAL No.3505/2011 C/W CRIMINAL APPEAL No.3508/2011 CRIMINAL APPEAL No.3503/2011 CRIMINAL APPEAL No.3505/2011: BETWEEN:1. 2. 3.4. Yenkanna @ Yenkappa S/o Hanamantha Shahapur, Age:66. years, Occupation: Agriculture, Chennabasappa @ Chennappa S/o Yenkanna @ Yenkappa Shahapur, Age:31. years, Occupation: Agriculture, Sharanappa S/o Yenkanna @ Yenkappa Shahapur, Age:30. years, Occupation: Agriculture, Eshappa @ Viswaradya S/o Yenkanna @ Yenkappa Shahapur, Age:43. years, Occupation: Agriculture, 2 5. Bheemanna @ Bheemaraya S/o Yenkanna @ Yenkappa Shahapur, Age:27. years, Occupation: Agriculture, 6. Mahantappa S/o Yenkanna @ Yenkappa Shahapur, Age:22. years, Occupation: Agriculture, 7.8. 9. Sanjunath @ Raghavendra S/o Eshappa Shahapur, Age:22. years, Occupation: Goundi, Resident of Nanduvinhalli, Now residing...


Jul 13 2016

Gulbarga Electricity Supply Company and Ors Vs. Sanjeev Kumar S/O Nara ...

Court: Karnataka Kalaburagi

Decided on: Jul-13-2016

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH R DATED THIS THE13H DAY OF JULY, 2016 PRESENT THE HONBLE MR. JUSTICE ANAND BYRAREDDY AND THE HONBLE MR.JUSTICE L. NARAYANA SWAMY WRIT APPEAL NOS.200007-200010 OF2016(L-RES) WRIT APPEAL NOS.200140-200143 OF2016AND Between:1. 2.3. Gulbarga Electricity Supply Company By its Managing Director, Station Road, Gulbarga 585 102. The Executive Engineer GESCOM, Raichur 584 101. The Asst. Executive Engineer GESCOM, Devadurga, Dist: Raichur 585 101. (By Shri Ravindra Reddy, Advocate) And:1. Sanjeevkumar S/o Narasingrao, Age:32. years, Appellants 2 2.3.4. R/o Gulbarga 585 101. Nagesh S/o Laxman, Age: Major R/o Plot No.75, at Post: Sindagi B., Tq.& Dist: Gulbarga 585 101. Jagdish S/o Shankar Itgundi, Age:37. years, R/o Post Sindagi B., Tq. & Dist. Gulbarga 585 101. Madivalappa S/o Gunderaya Hargi Age:35. years, R/o at Post Chincholi Tq: Afzalpur, Dist: Gulbarga 585 307.5. Shivakumar S/o Sidramayya Kumbar Age:39. years, R/o Gulbarga 585 101.6. V...


Jul 13 2016

The Commissioner of Income Tax Vs. M/S Bahubali Neminath Muttin

Court: Karnataka Kalaburagi

Decided on: Jul-13-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE13H DAY OF JULY, 2016 PRESENT THE HONBLE MR.JUSTICE ANAND BYRAREDDY AND THE HONBLE MR.JUSTICE RAGHVENDRA S. CHAUHAN INCOME TAX APPEAL No.5027/2011 C/W INCOME TAX APPEAL No.5028/2011 INCOME TAX APPEAL NO.5027/2011: BETWEEN:1. 2. The Commissioner of Income Tax Khemjibai Complex, Dr. Ambedakar Road, Belgaum. Deputy Commissioner of Income Tax Central Circle 1, Belgaum. (Shri Ameet Kumar Deshpande, Advocate) APPELLANTS AND: M/s. Bahubali Neminath Muttin Main Road at Post Chandachan 2 Taluk Indi, District Bijapur 586 205. RESPONDENT (Shri Ashok Kulkarni & Shri K.R. Prasad, Advocates) This Income Tax Appeal is filed Under Section 260A of the Income-Tax Act, 1961 against order passed in Income Tax Appeal No.161/PNJ/2010 dated 08-06-2011 on the file of the Income Tax Appellate Tribunal, Panaji Bench, Panaji, partly allowing the appeal filed by an assessee. INCOME TAX APPEAL NO.5028/2011: BETWEEN:1. The Commissioner of Income T...


Jul 05 2016

Additional Registrar General, High Court of Karnataka, Kalaburgi Vs. B ...

Court: Karnataka Kalaburagi

Decided on: Jul-05-2016

(Prayers: This Criminal Reference Case is filed under Section 366 of Code of Criminal Procedure for confirmation of death sentence awarded to accused 1) Basavaraj @ Basya 2) Palya 3) Yankappa 4) Ramesh @ Ramya by the judgment and order dated 3.10.2012 passed by the District and Sessions Judge Yadgir in S.C. No.48/2010. This Criminal Appeal is filed Under Section 374 (2) of Code of Criminal Procedure, 1973, praying to set aside the Judgment of conviction dated 03.10.2012 passed by the District and Sessions Judge Yadigir in S.C.No.48/2010, convicting the accused/appellant punishable under Sections 120-B, 396, 397 and 302 read with 34 of Indian Penal Code, 1860 and 201 read with 34 Indian Penal Code, 1860 and under Section 98 of Karnataka Police Act, 1963.) Anand Byrareddy, J. 1. The reference by the court below as well as the appeal preferred against the judgment of the court below are heard and considered together. 2. The case of the prosecution was that the Police Sub-Inspector, Saidap...


Jul 05 2016

The Additional Registrar General Vs. Basavaraj @ Basya & Ors

Court: Karnataka Kalaburagi

Decided on: Jul-05-2016

1 R IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE05h DAY OF JULY, 2016 PRESENT THE HONBLE MR.JUSTICE ANAND BYRAREDDY AND THE HONBLE MR.JUSTICE L.NARAYANA SWAMY CRIMINAL REFERENCE CASE NO.51/2012 C/W CRIMINAL APPEAL No.3687/2012 CRIMINAL REFERENCE CASE NO.51/2012 BETWEEN: Additional Registrar General, High Court of Karnataka, Kalaburgi. PETITIONER (Shri K.R. Keshavamurthy, Additional State Public Prosecutor, & Shri Prakash Yeli, Additional State Public Prosecutor) AND:1. Basavaraj @ Basya S/o Pulleppa Chigarikar, 2 Age:47. years, Resident of Janata Quarters, Gundagurti, Taluk: Devadurga, District: Raichur.2. Palya S/o Shankrappa Chigarikar Age:24. years, Resident of Devadurga, Now at Bandepalli, Taluk & District: Yadgir.3. Yankappa @ Yankya S/o Pulleppa Chigarikar Age:52. years, Resident of Gundagurti Taluk: Devadurga & District: Raichur.4. Ramesh @ Ramya S/o Suresh @ Bheema Chigarikar, Age:20. years, Resident of Gundagurti, Taluk: Devadurga, District: Raichur. (Shri ...


Jul 04 2016

Nagappa Vs. The State of Karnataka, rep. by Aditional SPP, Gulbarga

Court: Karnataka Kalaburagi

Decided on: Jul-04-2016

(Prayer: This Criminal Appeal is filed under Section 374(2) of the Cr.P.C. praying to set aside the judgment and order of conviction dated 03.11.2010 passed by the Fast Track Court-I/II at Bijapur in Sessions Case No.140/2008 convicting the appellant/accused for the offence punishable under Section 302 of Indian Penal Code; and etc.) Anand Byrareddy, J. 1. Heard the learned Counsel for the appellant and the learned Additional Advocate General. 2. The facts of the care are as follows: The appellant was the accused before the Court below in the following circumstances. The appellant was said to be in relationship with the complainant deceased Gandrabai. It transpires that the accused had seen Lalsab Mull visiting Gandrabai on 24th April 2008 at about 9.00 p.m. in Nimbal village and the accused was angry and suspected the complainant of having a relationship with Lalsab Mull. It further transpires that he had immediately visited the complainant and had picked-up a quarrel and accused her ...


Jul 04 2016

Nagappa S/O Balappa Bandiwaddar Vs. The State of Karnataka

Court: Karnataka Kalaburagi

Decided on: Jul-04-2016

R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE04H DAY OF JULY, 2016 PRESENT THE HONBLE MR. JUSTICE ANAND BYRAREDDY AND THE HONBLE MR. JUSTICE L. NARAYANA SWAMY CRIMINAL APPEAL NO.3770 OF2010Between: Nagappa S/o Balappa Bandiwaddar Age 57 years Occ: Agriculture R/o Nimbal (BK), Taluk: Indi District: Bijapur (by Shri Shivanand V. Pattanashetti, Advocate) Appellant And: The State of Karnataka Represented by Aditional SPP Circuit Bench Gulbarga (by Shri Nadagouda, AAG along with Shri Shivaputra S. Udbalkar, HCGP) Respondent This Criminal Appeal is filed under Section 374(2) of the Cr.P.C. praying to set aside the judgment and order of conviction 2 dated 03.11.2010 passed by the Fast Track Court-I/II at Bijapur in Sessions Case No.140/2008 convicting the appellant/accused for the offence punishable under Section 302 of Indian Penal Code; and etc. This Criminal Appeal coming on for final hearing, this day, ANAND BYRAREDDY J., delivered the following: JUDGMENT Heard the lear...


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