Karnataka Court August 2007 Judgments
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Pandurang Jivajirao Manglekar S/O. Jivajirao Manglekar (Since Deceased ...
Court: Karnataka
Decided on: Aug-02-2007
Reported in: ILR2007(3)KAR3602; 2008(1)KarLJ366; 2007(6)AIRKarR147
ORDERMohan Shantanagoudar, J.1. The petitioner i.e., late Pandurang claiming to be the tenant over the property bearing Sy.No. 204/2 measuring 6 acres 20 guntas situated at Gokak Village, filed application in Form No. 7 for grant of occupancy rights. Respondents 3 to 8 are the land owners. By the order dated 30.12.1977 the Tribunal granted occupancy rights in favour of the petitioner. The said order was questioned before this Court in writ petition after about 10 years and ultimately in view of change in law the matter stood transferred to the Land Reforms Appellate Authority, Chikodi for disposal and the same was numbered as RA/182/88:87-88. During the pendency of the matter before the appellate authority, the Land Reforms Act was again amended and the appellate authorities were abolished. Hence, the appeal again was transferred to this Court and renumbered as WP.No. 20311/1993. This Court remanded the matter back to the Tribunal by allowing the writ petition and directed the Tribunal...
Commissioner of Customs Vs. I2 Technologies Software Pvt. Ltd.
Court: Karnataka
Decided on: Aug-02-2007
Reported in: 2008(128)ECC245; 2008(154)LC245(Karnataka); 2007(217)ELT176(Kar); 2008(3)AIRKarR166(DB)
Arali Nagaraj, J.1. This appeal is filed by the Commissioner of Customs, Bangalore, under Section 130(1) of the Customs Act, 1962 (hereinafter referred to as 'the Act') questioning the correctness of the order dated 23.8.2005 passed by the Customs, Excise and Service Tax, Appellate Tribunal, South Zone, Bangalore (hereinafter referred to as '(he Tribunal') in Appeal No. C. 379/2004 (Final Order No. 1468/2005) setting aside the order in Original dated 7.7.2004 passed by the appellant (Commissioner of Customs, Bangalore) holding that the respondent Company is not liable to pay excise duly under Section 72(1)(b), interest under Section 61(2)(i) and penalty under Section 112(a) of the Customs Act (hereinafter referred to as the Act') which were levied and imposed by him.2. The brief facts of the case are as under:a) The respondent Company has been a licensed S.T.P. unit at Bangalore engaged itself in development and export of software. Ever since its establishment it has been importing cap...
S.G.R. Technical and Educational Society Rep. by Its Chairman, Smt. Sh ...
Court: Karnataka
Decided on: Aug-01-2007
Reported in: ILR2007KAR3570; 2008(1)KarLJ642; 2007(6)AIRKarR318
ORDERN. Kumar, J.1. The petitioner SGR Technical and Educational Society has preferred this writ petition seeking a writ of certiorari for quashing the resolution dated 3.10.2002 of the 2nd respondent and directing the respondent to cancel the lease agreement dated 18.3.2006 executed in favour of 3rd respondent and for a direction to consider the application of the petitioner far allotment of the civic amenity site.2. 2nd respondent - Bangalore Development Authority issued a paper publication inviting applications for the allotment of Civic Amenity Sites to an extent of 1819 sq.mtrs at RMV II Block, Bangalore. Petitioner made an application for allotment of the above Civic Amenity site and also deposited a sum of Rs. 2,17,007/- by way of demand draft towards initial deposit. Incidentally, it, has to be mentioned that the said Civic Amenity site in the notification was reserved for setting up a nursing home. Petitioner's grievance is that in the meeting held on 3.10.2002 by the Civic Am...
Smt. Sweety E.M. W/O Sri Sunil Kumar K.B. Vs. Sri Sunil Kumar K.B. S/O ...
Court: Karnataka
Decided on: Aug-01-2007
Reported in: AIR2008Kant1; ILR2007KAR3837; 2007(6)KarLJ244
ORDERAjit J. Gunjal, J.1. Even though this matter is listed for preliminary hearing, with consent it is taken up for final disposal.This petition is filed questioning the order passed by the Principal Family Court Judge in MC No. 508/2007 dismissing the application filed jointly by both the petitioner and respondent under Section 14(1) of the Hindu Marriage Act (for short 'the Act') seeking exemption in filing the consent petition under Section 13B of the Act within one year of the marriage.2. Smt Sweety E.M. w/o Sri Sunil Kumar K.B. and Sri Sunil Kumar K.B. filed a petition under Section 13-B of the Act r/w Section 7 of the Family Court's Act 1984 seeking dissolution of their marriage by mutual consent. Since the petition was filed prior to the expiry of one year from the date of the marriage i.e., 31-10-2006, both the petitioner and respondents filed an application under Section 14(1) of the Act to exempt passage of one year for filing the mutual consent petition. The learned Judge r...
Ajaya Swami S/O. Chennabasavaya Vs. the State by Mangalore South Polic ...
Court: Karnataka
Decided on: Aug-01-2007
Reported in: ILR2007KAR5209; 2008(3)KarLJ351
V.G. Sabhahit, J.1. This appeal by the Accused in S.C. No. 110/2002 on the file of the II Addl. Sessions Judge, Dakshina Kannada. Mangalore, is directed against the judgment of conviction and sentence dated 06.11.2003, wherein the appellant-accused has been found guilty of having committed the offence punishable under Section 302 IPC, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo simple imprisonment for six months.The essential facts of the case leading up to this appeal with reference to the rank of the parties before the trial Court ore as follows:2. It is the case of the prosecution that accused-Maya Swamy and Babu, the deceased, PWs. 2, 3, 5 to 9 had come to Mangalore for doing coolie work and they were staying in a semi constructed building coiled Trinity building. They were going for coolie work to different places. Babu was working as bar bender. Accused was working as a coolie in the construction wo...
Prof. M.S. Padmarajaiah and ors. Vs. the Commissioner, Bangalore Mahan ...
Court: Karnataka
Decided on: Aug-01-2007
Reported in: 2007(6)AIRKarR1
V. Jagannathan, J.1. The petition under Section 92(1) of the CPC seeking leave of the Court to institute a suit under Section 92 of the CPC came to be dismissed by the trial Court and hence the petitioners are before this Court in this appeal.2. The facts in brief are to the effect that late Mothikane Padmanabhaiah constituted a Trust by the trust deed dated 9.7.1921 as Mothikhane Thimmappaiah Jain Vidyarthi Nilaya, for the benefit of Jain students and as per the trust deed, the property which is mentioned therein comprised of a hostel, was to be made use of for the purpose of providing hostel facility to the Jain students and also for helping the Jain students to carry on their education and it was the desire of the settler that in order to perpetuate the memory of late Thimmappaiah, the trust property be run in the name of late Thimmappaiah Jain Vidyarthi Nilaye and the vacant portion of the Trust property shall be made use of in whatever manner the trustee deems fit, but the revenue...
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