Karnataka Court March 2011 Judgments
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M/S Icon Trading and Marketing. Vs. Additional Commissioner of Commerc ...
Court: Karnataka
Decided on: Mar-11-2011
1. On interception of the goods vehicle hearing No.GJ 3 W 7965 on the way to Doddanekkundi. Bangalore at Madanayakanahaili by the respondent and on obtaining the documents relating to the goods loaded in the vehicle from the driver of the vehicle, on verification they were found to be not genuine. Accordingly, alleging modus operandi in transporting the goods without payment of tax and also alleging that by obtaining fake documents, the ceramic tiles were being transported from Gujarat to Bangalore, after preliminary enquiry, after giving notice to the petitioner to reply, the impugned order imposing a penalty of Rs.8,05,565/- came to be passed against which, petitioner is before this Court seeking to quash the impugned order of imposition of penalty, on the ground that, there is non-compliance of natural justice and also due opportunity has not been given to explain the documents.2. Heard.3. The respondent-authority, apart from verifying the documents produced by the driver of the veh...
Smt Banijan W/O Late Kareem Khan. Vs. Karnataka State Road Transport C ...
Court: Karnataka
Decided on: Mar-11-2011
1. Petitioner has sought for to quash the order of the 2nd respondent-Appellate Tribunal in Revision Petition Nos. 17/2007, 18/2007, 126/2007 and 1.27/2007 dated 5.4.2007 at Annexure 'N' and for such other relief.2. According to the petitioner, she was operating the vehicle with a permit even prior to the BTS scheme came into force during 31.05.2007 and on such remand of the matter regarding the variation and overlapping, the RTA, Bangalore Rural has renewed the permit of the petitioner which was challenged by the 2nd respondent before the Appellate Tribunal. The Appellate Tribunal has set aside the renewal granted to the petitioner on 05.04.2007 as per Annexure 'N1 on the ground that it comes under the BTS scheme.3. Heard.4. It is the argument of the learned Counsel for the petitioner that, she is operating the vehicle in question under the permit granted to her even prior to BTS scheme came into force, as such, she has to be treated as a saved operator as per the decision rendered in...
Sri MuniyappA. S/O Late YellappA. Vs. R.Sheenappa MoolyA. S/O Guruva M ...
Court: Karnataka
Decided on: Mar-11-2011
1. Claimant in MVC 238/2003 on the file of First Additional Civil Judge (Sr.Dn.) Bangalore Rural is the Appellant in this appeal.2. Case of the claimant-appellant is that on 13.12.2002 he was standing near main gate of MVR gases. The said company is situated on Sarjapnr Attibele road, then the lorry with empty gas cylinders bearing registration No.KA-19/B 6474 while entering into the main gate of MVR Gases, the Toyota Qualis bearing registration No.KA-04/Z-2174 has dashed against it, resulted in qualis hitting die petitioner. It resulted in injuries. For the pain, sufferings and agony petitioner chums a sum of 79,45.000/ as compensation.3. Insurance Company-Respondent No.2 has filed objections, call upon the petitioner to prove the impact. Further contend that the claim is exaggerated and that if the driver of Qualis was not at fault, the company is not liable. Further, plead that there is a factor of contributory negligence. So pray for dismissal of the application.4. Respondent No.3 ...
Beeraiah - Since Dead by Lr Sri Ramakrishnaiah. Vs. Jainabi, and ors.
Court: Karnataka
Decided on: Mar-11-2011
1. The secona appeal is by the plaintiff challenging the order of the Civil Judge (Sr.Dvn). Arsikere reversing the decree of the trial court holding that the defendants are in continuous possession, however having examined the document as to title. According to the plaintiff, it is based on Ex.Pl ~ rent agreement said to have been executed by one Abdul Shukkursab and since 1940, the document stands in the name of the vendor of the plaintiff's father. However, according to the defendants, there is a grant in favour of Abdul Shukkursab way back in the year 1938. The son of the plaintiff was a Municipal Officer at Banawara and there, he made manipulation. As such, although the lower appellate court looked into some of the documents, it has not formed an opinion as to exactly whether the documents confer title on the plaintiff or the defendants. Throughout there is said to be a sale deed executed way back in the year 1973 in favour of the plaintiff and also khandayam is paid.2. According t...
Sri H C Byregowda, S/O Late ChikannA. Vs. Director General of Income T ...
Court: Karnataka
Decided on: Mar-11-2011
1. Petitioner is assailing the order of .m porition of interest by die Director General of Income Tax, Bangalore on the ground that, without considering the application of the petitioner to waive the interest as per S.234 A , B and C of the Income Tax Act for assessment years 2000-01 10 2006-07 and also imposing interest for the said years staling that advance tax has not beer, paid for the particular period, is bad and has also sought for quashing the: same and. for issuance of a writ of certiorari to juash the order dated 16.3.2009 annexure I. passed under S.119 (2)(a) of the Income Tax Act and for a direction to the 2nd respondent to consider the amount seized and the deposit made by the petitioner in computing the interest charged under S.234 A, 234 B and 234 C of the Act.2. As per the date of events, there was a search conducted on the premises of the petitioner on 29.3.2006. According to the respondents,within one month from the date of search conducted, petitioner ought to have ...
P.R.Ramesh, S/O Late P.Rudramurthv, and ors. Vs. the State of Karnatak ...
Court: Karnataka
Decided on: Mar-11-2011
1. The instant writ petition has been preferred by three petitioners, P.R.Ramesh, M.Ramachandrappa and T.Prabhakar. It is a petition filed in public interest. Petitioner nos. 1 and 2 are former Mayors of the Bangalore Mahanagara Palike (hereinafter referred to as the BMP). The BMP has now been renamed as the Bruhat Bangalore Mahanagara Palike (hereinafter referred to as the BBMP). The erstwhile BMP had jurisdiction over an area of 227 sq.kms., whereas, the BBMP covers an area of about 800 sq.kms. The BMMP now includes 7 additional city Municipal Councils, 1 town Municipal Council, and 1 11 villages surrounding Bangalore city, which were not included in the BMP. The third petitioner is a former Chairman of the Karnataka State Road Transport Corporation. All the three petitioners are permanent residents of the city of Bangalore. All of them own immovable properties in the city, and are tax payers.2. Through the instant writ petition, the petitioners seek to highlight, that the BBMP is no...
P.R. Ramesh and Others Vs. the State of Karnataka and Others
Court: Karnataka
Decided on: Mar-11-2011
(Prayer: These Writ Petitions are filed under Articles 226 of the Constitution of India praying to quash the notification dated 23.09.2009 issued by R-2 as at Annexure-A, quash the notification dated 01.10.2009 issued by R-2 as at Annexure-B, quash the notification dated 01.20.2009 issued by R-2 as at Annexure-C, etc.) J.S. Khehar, C.J. 1. The instant writ petition has been preferred by three petitioners, P.R.Ramesh, M.Ramachandrappa and T.Prabhakar. It is a petition filed in public interest. Petitioner nos.1 and 2 are former Mayors of the Bangalore Mahanagara Palike (hereinafter referred to as the BMP). The BMP has now been renamed as the Bruhat Bangalore Mahanagara Palike (hereinafter referred to as the BBMP). The erstwhile BMP had jurisdiction over an area of 227 sq.kms., whereas, the BBMP covers an area of about 800 sq.kms. The BMMP now includes 7 additional city Municipal Councils, 1 town Municipal Council, and 111 villages surrounding Bangalore city, which were not included in th...
Gangabyraiah S/O Chunchaiah. Vs.Madanayakanahalli P.S. Bangalore.
Court: Karnataka
Decided on: Mar-10-2011
1. The petitioner is involved in creation false and fictitious documents and forging the signature of the Government officials and issuing title deeds to the persons in respect of sites in survey No. 80. 159 of Kadabagere village, survey No. 25 of Bylakonenahalli village, on a complaint filed by the Panchayat Development officers. During the interrogation accused No. 2 produced some documents i.e., Hakku patra and also the name of the petitioner. It is in these circumstances the petitioner apprehends and arrest for the offence punishable under Sections 468. 420 read with 34 of IPC.2. The petitioner submits that he is innocent and has not committed any crime. He is ready and willing to co-operate the investigation and in the circumstances has sought for anticipatory bail.3. I have heard the learned Counsel for the petitioner and also the learned HCGP.4. As could be seen from the allegation in the complaint the name of the petitioner is not revealed further more it is in the interrogatio...
Smt C a Jayalakshmi W/O Sri K M Lokesh. Vs. Sri K M Lokesh,s/O Sri S M ...
Court: Karnataka
Decided on: Mar-10-2011
1. Wife and daughter are in revision against the order dated 9.4.2010 in Crl.Misc. 106/08 on the file of Judge, Family Court, Davanagere.2. The petition is posted for admission after notice to the respondent who is represented by learned counsel Sri Pavanchandra Shetty.3. Heard Sri Madhsudan Rao for the petitioners and Sri Pavancharidia Shetty for the respondent.4. Not in dispute is the fact that respondent is the husband of the 1st petitioner and genetic father of the 2 petitioner. Petitioners filed a petition under Section 125, C.P.C. seeking an order to direct him to pay Rs. 5,000/- p.m. each as maintenance on specific grounds of harassment, cruelty, neglect and also that he had taken a second woman and indulged in extra marital affairs-Respondent resisted the proceedings, but did not dispute the relationship between the parties. He alleged he had neglected the petitioners nor had deprived them of life 1 sustenance. Claiming to be a dutiful husband and loving father, he sought dismi...
Jayalakshmi D/O Appu Achari. Vs. Harish Poojari S/O Sheena Poojari, an ...
Court: Karnataka
Decided on: Mar-10-2011
1. Though this matter is listed for admission, with consent of learned counsels for respective parties, it is taken up for final disposal.2. This appeal by the claimant is directed against the Judgment and Award dated 1.1.2009 passed in MVC No. 1356 of 2007 by the Prl. Civil Judge, [Sr. Dn.,1 & Addl. MACT, Udupi, seeking for enhancement of compensation in respect of the injuries sustained in a motor accident.3. The appellant - claimant filed claim petition before the Tribunal claiming compensation against the respondents in respect of the bodily injuries which she sustained in a motor accident that took place on 24,9,2007 at about. 6.45 pm near Havenje situated on the road running in between Kollalgiri to Perdur while she was travelling in the Bus bearing No.KA-20-A-88 driven by first respondent and owned by the second respondent and insured with third respondent at the relevant point of time. In the impugned accident, she sustained grievous injuries which comprised of disc protrusion ...
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