Karnataka Court July 2011 Judgments

Thungabhadra Sugarcane and Banana Growers Association and Others Vs. t ...

Court: Karnataka Dharwad

(Prayer: This Writ Petition is filed under Article 226 and 227 of the Constitution of India praying to call for the records and quash the impugned order dated 26/11/2010, vide Annexure-A, issued by the First Respondent and also by issuing appropriate directions.) N. Kumar, J., 1. When all these writ petitions were listed before a learned single Judge of this Court, after hearing the parties the learned single Judge has passed an order on 25/2/2011. The relevant portion of which reads as under: As it involves interpretation of Clause 3, 3A and 6 of the Sugarcane Control Orders 1966, in the background of the observations made by the Honourable Supreme Court in the case of UP Co-operative Cane Unions Federation versus West UP Sugar Mills Association and others reported in AIR 2004 SC 3697 (Supra) and the observation made in SLP (C) 8194 - 8198/2010 dated 29/3/2010 (Annexure-R13), I am of the considered view that the said issue regarding interpretation of clause 3, 3A and 6 of the Sugar Co...

The Commissioner of Income-tax Karnataka (Central) Vs. Late Sri H.R. B ...

Court: Karnataka

Reported in: 2012(3)KCCR135(SN)

(Prayer: This ITA is filed under section 260-A of I.T.Act 1961, arising out of order dated 19.04.2005 passed in IT(SS)A No.139/Bang/2002 for the Block Assessment years 1988-89 to 1998-99, praying to formulate the substantial questions of law stated therein and set aside the appellate orders dated 19.04.2005 passed by the ITAT ‘B’ Bench, Bangalore in the respondent – assessee’s case, in appeal proceedings Nos. IT(SS)A. 139/Bang/2002 for the Block Assessment years 1988-89 to 1998-99 and grant such other relief as deemed fit.) 1. This appeal is by the revenue being aggrieved by the order of the Tribunal wherein the appeals filed by the assessee were party allowed and the appeals filed by the revenue were dismissed. 2. Late Sri H.R. Basavaraj was an assessee, Search and seizure were conducted under the provisions of Section 132 of the Income Tax Act at his residential premises and that of his associates. In the course of the search, receipts, agreements and other do...

The Commissioner of Income Tax, Bangalore and Another Vs. Indramma and ...

Court: Karnataka

(Prayer: This ITA is filed under Section 260-A of I.T. Act, 1961, arising out of order dated 11.07.2005 passed in ITA No.1238/Bang/2002 for the Assessment years 1995-96 praying to formulate the substantial questions of law stated therein and allow the appeal and set-aside the order passed by the ITAT in ITA No.1238/Bang/2002 dated 11.07.2005 confirming the order of the Appellate Commissioner and confirm the order passed by the Deputy Commissioner, Central Circle -2(1), Bangalore.)RAVI MALI MATH, J1. In all these appeals the assessees are beneficiaries of the trust. Returns are being filed by the Trustee as well as the beneficiaries. During the course of search it was found that the assessees were not declaring their beneficial interest received from the Trust, along with the other income for the year in which the return of income was filed. Accordingly, the assessing authority added the beneficial interest received by the assessees and recomputed the tax liability while initiating pena...

Shobha Surendar, Bangalore and Another Vs. C.R. Nagaraja Setty, Bangal ...

Court: Karnataka

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the impugned order dated 16.6.2011 passed by the XI Addl. City Civil Judge, Bangalore, in O.S.400/99 vide Annexure-A and etc.) 1. Defendant Nos.1 and 2 in O.S.No.400/1999 have filed this writ petition aggrieved by the dismissal of their application filed seeking amendment of the written statement. 2. Plaintiff-respondent No.1 has filed the suit in the year 1999 seeking a decree of specific performance of the agreement dated 29.05.1982 among other reliefs with an alternative relief of payment of money along with interest. 3. The petitioners herein have filed their written statement on 23.02.2006. After framing of issues, the matter was set down for trial. The plaintiff led his evidence. During the course of defendants’ evidence, defendant Nos.1 and 2 have come up with the present application on 30.05.2011 seeking amendment of the written statement. 4. By the proposed ...

Ms. Kirloskar Institute of Advanced Management Studies. Vs. the Offici ...

Court: Karnataka

ORDER 1. This company application is filed under Rules 6 and 9 of Companies (Court) Rules 1959 seeking permission of this Court to the applicant to create charge over the Case Hold rights of the property in favour of M/s. IC1CI Bank Limited. 2. The applicant is an educational society registered under the Societies Registration Act 1960. The main object of the applicant Society is to impart education to the needy in the Rural parts of the Karnataka .State. Besides imparting education, it is also providing consultancy and advisory service to the Government and Semi-Government undertakings such as P & T, KMF, Hatihara Municipali'v and etc. As per the Memorandum of Association of the' applicant-Society, all income, earnings moveable and immovable property of the society, howsoever derived shall be solely utilized and applied towards the promotion of its aims and objects as set forth m the Memorandum of Association. No par! of the income and property of the Society shall be paid or transfer...

Sri Chetan D.Kotian So. Devappa Babu Kotian and anr. Vs. Ms S.Manikya ...

Court: Karnataka

ORDER 1. This application is filed under Rule 9 of the Companies (Court) Rules 1959 by the Ex-Promoter Director of the first respondent M/s.Manikya Piastichem Private Limited which is under liquidation, seeking for reopening the auction conducted by this Court on 4-3-201 1 and to permit the second applicant to submit his offer for Rs.4.10 Crores before confirmation of sale of the assets of the first respondent-Company in liquidation. 2. In the application he has contended the Promoter Director of the first respondent company. He tendered his resignation to the post of Directorship on 9-5-2000 and he has transferred all his shares to the existing shareholders during November 2006. Immediately after his resignation, he informed the same to the State Bank of India, Commercial Branch, Saraswathipuram, Mysore requesting them to discharge him from the guarantee. The said issue is pending in O.S.No.790/20QS. 3. He claims that he was out of station for 25 days and during his absence, the prope...

Aziz @ Abdul Aziz, Mangalore Taluk and Another Vs. the State of Karnat ...

Court: Karnataka

Reported in: 2012(1)KantLJ146; 2011ILR(Kar)5074; 2012(3)KCCR1886

(Prayer: This CRL.A. is filed u/s 374(2) CR.P.C. by the Advocate for the Appellants/accused against the Judgment dt: 17.01.2004 passed by the I Addl. S.J., D.K., Mangalore, in S.C.No.76/99- convicting the Appellants-accused for the offence P/U/S. 397 of IPC and sentencing them to undergo R.I. for a period of seven years for the offence u/s 397 of IPC.) 1. This appeal is filed by the accused challenging the judgment dated 17.01.2004 passed by the First Additional Sessions Judge, D.K., Mangalore in S.C.No.76/1999 convicting the appellants for the offence punishable under Section 397 of IPC and sentencing them to undergo R.I. for a period of 7 years for the said offence. 2. The case of the prosecution is that on 18.07.1998 at about 13.30 hours in an isolated suburb place in Krishna Nagar to Kulaigudde, accused Nos.1 and 2 committed robbery of gold jewels and cash of Rs.12,800/- belonging to Ravindra Acharya and at the time of said dacoity, accused used the weapons namely a piece of stone ...

The Executive Engineer and Another Vs. Sri Zulfegar Ali

Court: Karnataka Gulbarga

All the petitions involve similar questions of fact and law. Hence, all the petitions are considered together for common disposal. In W.P.No.1855/2006, the respondent was working in the office of Executive Engineer, KPC WRD Division, Bidar as a watchman on daily wage basis from 03.10.1997 to 1.9.1998. The petitioner was terminated from service orally on 1.9.1998. The Government made reference on 21.11.2002. There was delay of 4 years and 2 months in making reference. The Labour Court passed an award on 17.5.2005 directing reinstatement with continuity of service from 1.9.1998. In W.P.No.9982/2007, the respondent was working as typist in the office of Asst. Director Horticulture, Raichur on daily wage basis during the period 1988-89. He was orally terminated from service on 31.10.1989. The Government made reference. There was delay of 11 years in making reference. The Labour Court passed an award on 29.11.2004 directing reinstatement without continuity of service without back-wages. In ...

M. Doddaiah and Others Vs. the State of Karnataka by Its Principal Sec ...

Court: Karnataka

(Prayer: This W.P. is filed praying to quash the resolution No.156/2003 dt. 12.9.2003, at Annexure passed by the Second respondent approving the layout plan submitted by the Vyalikaval house building Co.Op.Society limited-third respondent at Anx. J in so far as it relates to the property in sy.no. 77/3 measuring 3 acres, situated at nagawara village, kasaba hobli, bangalore north taluk, belonging to the petitioners wherein the second respondent has formed sites bearing nos. 802 and 803 reserved for apartment.) 1. In these writ petitions, the petitioners are essentially challenging the acquisition of lands for the benefit of the respondent-society by assailing the preliminary notification dated 22.12.1984/3.1.1985, published in the Karnataka Gazette on 4.1.1985 and final notification dated 21.2.1986, published in the gazette on 24.2.1986, issued by the State Government under Section 4(1) and 6(1) of the Land Acquisition Act, 1894, (hereinafter referred to as the ‘Act’). 2. I...

State of Karnataka Vs. Suresh, So. Late Muthamma

Court: Karnataka

1. The State of Karnataka through J.P. Nagar Police has filed this appeal under Section 378(1) and (3) of Cr.P.C. against the judgment of acquittal dated 29.03.2006 on the file of Principal City Civil and Sessions Judge, Bangalore, whereby the sole accused Suresh was acquitted for the offence punishable under Section 302 IPC. 2. The prosecution case in brief is as follows :- i) Deceased Sml. Jayamma was having a petty shop by the side of her residence on Pultenahalli Main Road. J.P. Nagar 7" Phase, Bangalore. On 11.10.2004 at about 7.30 F.M her neighbour, one Shanappa and his wife Smt. Renamma were quarrelling with each other. On hearing the noise, deceased Jayamma went there to see as to what was going on. As she did not return to the house, her son Dilip Kumar (Complainant) came out of the house and saw his mother scolding the accused as to why he was interfering in others matters and sent him away from that place. ii) On the same day, at about. 9.30 p.m. the accused came back and hi...