Karnataka Court March 2006 Judgments
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State by Magadi Road Police Vs. K.G. Shivashankar
Court: Karnataka
Decided on: Mar-13-2006
Reported in: 2006CriLJ2733; ILR2006KAR1665; 2006(2)KarLJ628
V. Jagannathan, J.1. This appeal by the State after grant of leave is directed against the judgment and order of acquittal passed by the learned Sessions Judge, acquitting the sole respondent-accused for the offence punishable under Section 302 of the Indian Penal Code, 1860 by his order dated 4-8-1999.2. The case of the prosecution in brief is as under:The deceased-Nagarathnamma was the wife of accused-respondent, Shivashankar and they were married 5 to 6 years prior to the incident in question. It is the prosecution case that the respondent-husband was harassing and ill-treating the deceased and there was a quarrel between the couple as the accused was not bringing the food articles to the house and he used to come late by coming drunk and the deceased was telling the accused that she would not send her son to the school, if the accused fails to provide money. It was the cause for the difference between the parties and the accused did not give money to the family and that he was beat...
Kendayya and ors. Vs. Deputy Commissioner and ors.
Court: Karnataka
Decided on: Mar-13-2006
Reported in: 2006(3)KarLJ101
ORDERN.K. Patil, J.1. Petitioners have questioned the legality and validity of the order dated 22-3-2004 in proceedings No. PTCL 68/2001-02, vide Annexure-C passed by the Respondent 1 and the order passed by the Respondent 2-Assistant Commissioner in No. PTCL 2/96-97, dated 30-6-2000 vide Annexure-B and further sought a declaration to declare that in view of the grant of occupancy under the Karnataka Land Reforms Act, 1961, after vesting of the lands with the State, the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the Act') are not applicable to the land in question and the orders of Respondents 1 and 2 are without authority or jurisdiction, have presented this writ petition.2. Petitioners claiming to be tenants of the land in Sy. No. 113 measuring 2 acres 20 guntas of Block No. 1 of Eachagare Village, Mandya Taluk, were cultivating the said land under the landowner one Sri Krishnegowda and they file...
Patrick Rebello S/O Anthony Rebello, Vs. Victor Rebello S/O Anthony Re ...
Court: Karnataka
Decided on: Mar-13-2006
Reported in: AIR2006Kant165; 2006(3)KarLJ637
Anand Byrareddy, J. 1. The petition of the appellants seeking probate of the Will of the father of appellant No. 1 having been converted into a suit, on contest, and having been dismissed on merits, the present appeal is filed.2. The facts are as follows :3. The appellants namely the widow, two sons and the daughter of the testator were the plaintiffs before the trial court, Three other sons of the testator were the defendants.The principal issue before the trial court was, whether the testator was of a sound disposing state of mind when the Will dated 15.6.1996 was executed.The widow of the testator,, aged 70 years and two others had tendered evidence on behalf of the plaintiffs. Defendant No. 3 was examined on behalf of the defendants.The testator was aged 85 years on the date of execution of the Will. From a reading of the judgment, fix' trial court has addressed itself to the suspicious circumstances alleged by the defendants and has accepted that the testator was physically and me...
Excise Commissioner and anr. Vs. Mysore Sales International Ltd. and o ...
Court: Karnataka
Decided on: Mar-13-2006
Reported in: [2006]286ITR136(KAR); [2006]286ITR136(Karn)
V. Gopala Gowda, J.1. The appellants Mysore Sales International Ltd. (hereinafter referred to as 'MSIL' in short) and the Mysore Sugar Co. Ltd. (hereinafter referred to as 'MSCL' in short) and the State Government represented by its Excise Commr., Karnataka, have filed these appeals questioning the correctness of the common order dt. 27th Oct., 2003 passed by the learned single Judge in Writ Petn. Nos. 6869/6874/2001, c/w WP Nos. 6967-6972/2001 reported as Mysore Sales International Ltd. v. Dy. CIT (2003) 185 CTR (Kar) 417. The first two appellants are aggrieved of the dismissal of their writ petitions by affirming the orders of assessment passed by the first respondent Dy. CIT (TDS-I). Insofar as the third appellant-Excise Commr. is concerned, he has filed the appeal seeking to set aside the impugned order passed in the writ petitions only insofar as the findings recorded on the circulars issued by him, urging various legal contentions and prayed to quash the orders of assessment pass...
Sanjeevamma HanumanThe Gowda Charitable Trust Vs. Director of Income T ...
Court: Karnataka
Decided on: Mar-13-2006
Reported in: ILR2006KAR4043; [2006]285ITR327(KAR); [2006]285ITR327(Karn)
N. Kumar, J.1. The appeal is admitted to consider the following substantial question of law:Whether the authorities were justified in denying registration to the petitioner under Section 12AA of the IT Act, 1961 on the ground that the activities of the assessee are purely commercial in nature?Heard the learned Counsel for the parties.2. The appellant claims to be a charitable trust established by a deed of trust dt. 1st March, 1997. The said deed of trust sets out the purpose and object for which the trust was created. The appellant-trust constructed a building which was completed in the year 2001. Thereafter, it applied for registration under Section 12A of the IT Act, 1961 (for short hereinafter referred to as 'the Act') to the IT authorities for registration as charitable trust to enable it to claim exemptions under the Act.2.1 In the impugned order dt. 24th June, 2002, the Director of IT (Exemption) rejected the request of the appellant on the ground that it is carrying on its acti...
Excise Commissioner and anr. Vs. Mysore Sales International Ltd. and o ...
Court: Karnataka
Decided on: Mar-13-2006
Reported in: (2006)203CTR(Kar)505
V. Gopala Gowda, J.The appellants Mysore Sales International Ltd. (hereinafter referred to as 'MSIL' in short) and the Mysore Sugar Co. Ltd. (hereinafter referred to as 'MSCL' in short) and the State Government represented by its Excise Commr., Karnataka, have filed these appeals questioning the correctness of the common order dated 27-10-2003 passed by the learned single Judge in Writ Petri. Nos. 6869/6874/2001, c/w WP Nos. 6967-6972/2001 (reported as Mysore Sales International Ltd. v. Dy. CIT (2003) 185 CTR (Kar) 417-Ed.). The first two appellants are aggrieved of the dismissal of their writ petitions by affirming the orders of assessment passed by the first respondent Dy. CIT (TDS-1). Insofar as the third appellant Excise Commr. is concerned, he has filed the appeal seeking to set aside the impugned order passed in the writ petitions only insofar as the findings recorded on the circulars issued by him, urging various legal contentions and prayed to quash the orders of assessment pas...
Mysore Sugar Co. Ltd. Vs. Dy. Cit (Tds)-i
Court: Karnataka
Decided on: Mar-13-2006
Reported in: [2006]154TAXMAN447(Kar)
The appellants Mysore Sales International Limited (hereinafter referred to as 'M.S.I.L) and The Mysore Sugar Company Limited (hereinafter referred to as 'M.S.C.L') and the State Government represented by its Excise Commissioner, Karnataka, have filed these Appeals questioning the correctness of the common order dated 27-10-2003 passed by the learned Single Judge in W.P. Nos. 6869-6874/2001, C/W W.P. Nos. 6967-6972/2001. The first two appellants are aggrieved of the dismissal of their writ petitions by affirming the orders of assessment passed by the first respondent-Deputy Commissioner of Income-tax (TDS-I). Insofar as the third appellant-Excise Commissioner is concerned, he has filed the appeal seeking to set aside the impugned order passed in the writ petitions only insofar as the findings recorded on the circulars issued by him, urging various legal contentions and prayed to quash the orders of assessment passed against the first two appellants for, the assessment years 1995-96 to 2...
Mr. Umraz Khan Vs. Mr. A. Jameel Ahmed S/O Late S.K. Ameer and State o ...
Court: Karnataka
Decided on: Mar-13-2006
Reported in: IV(2007)BC213; ILR2007KAR311; 2006(6)KarLJ154
K. Sreedhar Rao, J.1. The appellant-complainant prosecuted the respondent-accused for an offence under Section 138 N.I. Act. The fact of issuance of cheque EX.P-1 and its dishonour is validly proved by the complainant. A copy of the registered notice issued to the accused is marked at Ex.p-3. Ex. P-4 is the postal acknowledgement. Ex.P-5 is the postal receipt. The complainant has examined himself. The accused has admitted issuance of cheque but, disputes the issuance of notice as required under Section 138 N.I. Act. The trial court convicted the accused. The sessions judge in appeal acquitted the accused, on the ground that the registered notice issued is received by the family member as per the acknowledgement. Therefore, there is no valid service of notice on the accused.2. The Supreme Court in the case of V. Raja Kumari v. P. Subbarama Naidu and Anr. reported in AIR 2004 SCC 6344, has observed in Para 14 that:14. No doubt Section 138 of the Act does not require that the notice shoul...
Kashipathi and anr. Vs. Fakirgouda Huchappa Patil and ors.
Court: Karnataka
Decided on: Mar-13-2006
Reported in: 2006(4)KarLJ476
ORDERK. Ramanna, J1. This is a writ petition filed by petitioner Nos. 1 and 2 under Article 226 of the Constitution of India to quash the order dated 31-1-1995, passed in HRC No. 190/1994, on the file of the PrL Munsif, Bijapur vide Annexure-E.2. The brief facts of this case are that the petitioner Nos. 1 and 2 are brothers. They are running a joint family firm namely Kirana Merchant in the name and style of S.S. Swamy. Respondent Nos. 1 to 6 are the landlords of the petition schedule premises which is a non-residential building bearing CTS No. 898, situated in Ward No. III, Bijapur City and they are paying monthly rent of Rs. 30/- to the said premises in which they are running the business. They are paying the rent regularly and there is no arrears of rent as on today but the respondents have filed the petition under Section 21(1)(a) and (h) of the Karnataka Rent Control Act, 1961 (hereinafter referred as the K.R.C. Act') along with an application under Section 29(4) of the K.R.C. Act...
Vishwambar Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-13-2006
Reported in: 2006CriLJ3168
K. Sreedhar Rao, J.1. The deceased is one Vandana Bai, wife of the accused. The deceased committed suicide by consuming pesticide on 22-5-1988.2. The prosecution case discloses that the deceased was married to accused about six years prior to the incident and they were living at Bombay. It is said that the accused had developed illicit relationship with one Kesara Bai and she was staying along with the accused and deceased at Bombay. The said Kesara Bai is said to be the first wife of the younger brother of the accused, Dattatreya. P.W. 6 is the second wife of Dattatreya. The deceased was disgusted on account of the illicit relationship between the accused and Kesara Bai. Besides at the time of marriage, half thola of gold was assured to be given as dowry which was not paid even after several years, therefore the accused used to harass and ill-treat the deceased for not getting half thola of gold. Unable to bear the ill-treatment and the sight of illicit relationship, the deceased comm...
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