Karnataka Court January 2012 Judgments
Sandesh Kumar, Udupi District Vs. L. Jawahar Nazareth, Mangalore and A ...
Court: Karnataka
Decided on: Jan-06-2012
(Prayer: This MFA is filed u/s 173(1) of MV Act, against the Judgment and Award dated: 06/09/2008 passed in MVC No.800/2007 on the file of the Principal Civil Judge (Sr.Dn.) and Member, Additional Motor Accident Claims Tribunal, Udupi, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. This appeal by the claimant is directed against the common judgment and award dated 6th September 2008, passed in MVC No.800/2007, by the Principal Civil Judge (Sr.Dn.) and Member, Additional Motor Accident Claims Tribunal, Udupi, (for short, ‘Tribunal’) for enhancement of compensation on the ground that, the compensation of `5,86,000/- with interest @8% p.a. awarded in favour of the claimant as against his claim of `15,00,000/-, is inadequate. 2. The appellant claims to be aged about 22 years, an MBA Graduate and hale and healthy prior to the date of accident. That the occurrence of accident at about 2.45 P.M. on 26-02-2007 near Kadiyali Auto ric...
Tag this Judgment!New India Assurance Co., Ltd., Rep. by Sr. Divnl. Manager Vs. David. T ...
Court: Karnataka
Decided on: Jan-06-2012
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 22nd September 2008 passed in MVC No.7105/2007 on the file of the XVI Addl.Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore (SCCH – 14), awarding a compensation of 2,85,000/- with interest at 6% p.a. from the date of petition till realisation.) 1. This appeal by the Insurer is directed against the impugned and award dated 22nd September 2008, passed in MVC No. 7105/2007, by the XVI Addl. Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal, Metropolitan Area, Bangalore (SCCH-14), (for short, ‘Tribunal’ ), for reduction of compensation on the ground that, the compensation of Rs.2,85,000/- awarded in favour of the claimant as against his claim for Rs.04.00 Lakhs, is excessive, on the higher side and is liable to be reduced. 2. The facts in brief are that, claimant is the husband of the deceased late Kamalamma. They file...
Tag this Judgment!Gouli Mahadevappa Vs. Income-tax Officer and Another
Court: Karnataka Dharwad
Decided on: Jan-06-2012
(Prayer: This ITA is filed under Section 260-A of the Income Tax Act, 1961, against the order dated 16.07.2010 passed in ITA No.586/Bang/2009 on the file Income Tax Appellate Tribunal, B Bench, Bangalore, dismissing the appeal filed by an assessee.) 1. The appellant-assessee sold a house plot in RMV II Stage, Bangalore, for Rs.20,00,000/- under registered sale deed dated 05.06.2004. The Assessing Authority found that the registration value of the property fixed under the Karnataka Stamp Act is Rs.36,00,000/-. The assessee, however, had reinvested Rs.24,00,000/- for construction of residential house at Gangavathi and sought exemption from the payment of capital gain tax under Section 54F of the Income Tax Act (for short the IT Act). 2. The Assessing Authority found that under Section 50C of the IT Act, the value of the property is Rs.36,00,000/-. The cost price of site paid by the assessee at Rs.1,93,506/- was deducted and the net income chargeable to tax under Capital Gains was assesse...
Tag this Judgment!Puttaswamachari, Son of. Late Cheluvachari and ors. Vs. the Mysore Urb ...
Court: Karnataka
Decided on: Jan-05-2012
1. Land bearing Sy. Ncs. 114/1 measuring 11 guntas and 114/2 measuring 2 acres and 30 guntas, situated at Basavanahalii Village of Mysore Taluk and District was notifed for the Vijayanagar IV Stage scheme by the 1st respondent on 23.12.1991, by issue of notification under 3.17(1) of the Karnataka Urban Development Authorities Act (for short, 'the Act'). The said Notification was published in the Karnataka Gazette on 02.01.1992. 3rd respondent issued final Notification under S.19(l) of the Act on 10.12.1992, which was published ^n the Karnataka Gazette on 31.12.1992. The Award was passed on 18.07.1994. The petitioners along with others questioned the said Notifications in W.P.Nos.15648-650/1995. The prayer for quashing of the Notifications was rejected, as per the order dated 04.03.1998. 2. This writ petition was filed on 28.08.2003, to declare that the acquisition proceedings initiated by the respondents pursuant to the said Notifications as having lapsed in so far as the lands of the ...
Tag this Judgment!The Commissioner of Income Tax and Another Vs. M/S Infosys Technologie ...
Court: Karnataka
Decided on: Jan-04-2012
(Prayer: This I.T.A. is filed U/s.260-A of I.T.Act, 1961 arising out of order dated 02-06-2005 passed in ITA No.228/Bang/2001 for the assessment year 1996-1997, praying to formulate the substantial questions of law, allow the appeal and set aside the orders passed by the ITAT, in ITA No.228/Bang/2001 dated 02-06-2005 and confirm the orders passed by the deputy commissioner of Income Tax special Range-6, Bangalore and etc.,) RE: ITA NOs.3098 and 3160 OF 2005 1. These two appeals by the revenue are in respect of the very assessee for the two assessment years viz. assessment year 1995-96 and 1996-97 seeking for our answer in respect of the following common questions:- “1. Whether the Tribunal was correct in holding that the commissioner exercising Jurisdiction under Section 263 of the Act by holding that the Assessing Officer should rework the credit in respect of Canadian and Thailand Tax claimed under Double Taxation Avoidance Agreement (DTAA) without specifying the error in the o...
Tag this Judgment!P. Gadeppa and Others Vs. the State of Karnataka Rep. by Its Secretary ...
Court: Karnataka Dharwad
Decided on: Jan-04-2012
Abdul Nazeer, J 1. The main question for consideration in these writ petitions is whether a Director of a primary Co-operative Society, who represents the said society in a Federal Society ceases to be a member of the Federal Society when he ceases to be the Director of the Co-operative Society which he represents? 2. Brief facts of the case are as under: P. Gadeppa, the petition in W.P.No.62612/2010 is a primary member of Bellary District Central Co-operative Wholesale Stores, Bellary. He was also the elected Director of the said society. He was in the committee of BDCC Bank as a delegate of BDCC Wholesale Stores. He was defeated in the election held to the committee of BDCC Wholesale Stores on 20.3.2010. T.M. Chandrashekariah, the petitioner in W.P.No.62613/2010 is a primary member of Kududarahalu Vyavasaya Seva Sahakara Sangha Niyamitha. He was elected as the Director of the said society. He had come to the TAPCMS Ltd., Siraguppa, as a representative of Kududarahalu VSSSN, Siraguppa...
Tag this Judgment!B.G. Eshwarappa Vs. State of Karnataka by Its Secretary Department of ...
Court: Karnataka
Decided on: Jan-04-2012
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order of State Government dated 17.08.2005 vide Annexure-C and etc.,) VikramajitSen, C.J (Oral) 1. In this writ petition, the petitioner has assailed the order made by the Central Government in exercise of its power under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 r/w Rule 54 of the Mineral Concession Rules, 1960, rejecting the petitioner’s revision petition filed against the order of the State Government dated 17.8.2005 declining to consider petitioner’s prayer for grant of prospective licence filed by application dated 10.1.1990. 2. We have heard learned counsel for the parties in great detail. 3. The grievance of the Petitioner is that the application for grant of a Prospecting Licence applied by his mother on 10.01.1990 has not been allowed by the Respondents. The factual matrix, succinctly stated, is that a large tract of la...
Tag this Judgment!Guru Rao and Another Vs. the State of Karnataka, by Its Secretary to D ...
Court: Karnataka Dharwad
Decided on: Jan-04-2012
Abdul Nazeer, J 1. The short question for consideration in these writ petitions is whether the Land Acquisition Officer, Koppal, the second respondent herein is justified in deducting 10% of the interest awarded under Sections 28 and 34 of the Land Acquisition Act, 1894 (for short `the Act) towards deduction of tax at source though the lands acquired were agricultural lands. 2. The petitioners were the owners of agricultural lands at Arekeri Village, Yelburga Taluk, Koppal District. The said lands were acquired by the State Government for Hirehalla Irrigation Project. The second respondent made an award under Section 11 of the Act determining the compensation. Not being satisfied with the quantum of compensation, the petitioners sought reference under Section 18 of the Act. The Reference Court enhanced the compensation. The petitioners filed appeal before this Court under Section 54 of the Act seeking further enhancement of the compensation. 3. It is an admitted fact this Court awarded...
Tag this Judgment!P. Gadeppa and Others Vs. the State of Karnataka Rep by Its Secretary ...
Court: Karnataka Dharwad
Decided on: Jan-04-2012
Abdul Nazeer, J 1. The main question for consideration in these writ petitions is whether a Director of a primary Co-operative Society, who represents the said society in a Federal Society ceases to be a member of the Federal Society when he ceases to be the Director of the Co-operative Society which he represents? 2. Brief facts of the case are as under: P. Gadeppa, the petition in W.P.No.62612/2010 is a primary member of Bellary District Central Co-operative Wholesale Stores, Bellary. He was also the elected Director of the said society. He was in the committee of BDCC Bank as a delegate of BDCC Wholesale Stores. He was defeated in the election held to the committee of BDCC Wholesale Stores on 20.3.2010. T.M. Chandrashekariah, the petitioner in W.P.No.62613/2010 is a primary member of Kududarahalu Vyavasaya Seva Sahakara Sangha Niyamitha. He was elected as the Director of the said society. He had come to the TAPCMS Ltd., Siraguppa, as a representative of Kududarahalu VSSSN, Siraguppa...
Tag this Judgment!T. Nagappa, Mysore Vs. the State of Karnataka, Rep. by Its Chief Secre ...
Court: Karnataka
Decided on: Jan-03-2012
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying to, quash the Notification dated 23.6.2009 vide Annexure-D, passed by the first Respondent in so far as it relates to the petitioner and etc.) 1. Heard the learned Counsel for the petitioner and the learned Government Pleader. 2. The petitioner had joined the Karnataka State Judicial Service as a Munsiff of 18.2.1987. He was promoted by selection to the post of Civil Judge (Senior Division) in the year 1997 and as a District and Sessions Judge on an ad-hoc basis during the year 2003. He had served at various places in the State of Karnataka. When he was working as a District and Sessions Judge at Karwar, where he was posted in March 2009, by an order dated 15.5.2009, the judicial work entrusted to the petitioner was withdrawn. The petitioner made two representations to the second respondent, after he found that his name was recommended for compulsory retirement. However, by a Notification dated ...
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