Karnataka Court February 2013 Judgments
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M/S J.K. Industries Ltd., Rep. by Its Asst. Vice President (Commercial ...
Court: Karnataka
Decided on: Feb-26-2013
(This appeal is filed under Section 260A of the Income Tax Act, 1961 arising out of order dated 16.06.2006 passed in ITA No. 700/Bang/2003, for the assessment year 1998-99, praying to set aside the said order of the tribunal and etc.) 1. Appeal by an assessee under Section 260A of the Income Tax Act, 1961 [for short, the Act], relevant for the assessment year 1998-99, directed against the order 16-6- 2006 passed in ITA No 700/Bang/2003, passed by the income tax appellate tribunal, Bangalore Bench 'B'. 2. This court admitted the appeal to examine the following substantial questions of law: 1) Whether on the facts of the case the Tribunal was justified in law in holding that the benefit of deduction under section 80HHC of the Act can be availed by the assessee only on the total income as computed after setting off the unabsorbed depreciation of the earlier years? 2) Whether the method of computation of deduction under section 80HHC as approved by the Tribunal is valid in law on the facts...
Ms. Seema Begaum Vs. State of Karnataka by Its Secy., Women and Child ...
Court: Karnataka Dharwad
Decided on: Feb-26-2013
Ashok B. Hinchigeri, J. 1. The petitioner has sought the relief of declaration that the provisions of the Prevention of Child Marriage Act, 2006 (P.C.M. Act for short) are not applicable to her. The petitioner belongs to Muslim community. She has attained puberty and she is now aged 16 years. 2. Sri Chandrashekar P.Patil, the Learned Counsel for the petitioner submits that a Mohammedan girl of 15 years, who has attained puberty, is competent to marry without the consent of her parents. He submits that the marriage of a Mohammedan minor girl, who has not attained the puberty, may be contracted by her guardian. He submits that when the petitioners personal law provides for the child marriages, the same cannot be taken away or diluted by the P.C.M. Act. 3. The Learned Counsel submits that the petitioners personal law would prevail over the other laws. In support of his submissions, he read out Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which is extracted herein ...
Millennium Educational Trust, Rep. by Its Chairman R. Nanjunda Gowda V ...
Court: Karnataka
Decided on: Feb-22-2013
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India Draying to quash the impugned order vide Annexure-A dated 10.10.2011 issued by the Commissioner; direct the respondents to hand over the vacant 10 acres of land in survey No.7 and 8 of Shivanapura Village, Dasanapura Hobli, Bangalore North Taluk to the petitioner-Trust by virtue of lease deed dated 6.3.2004; and etc.) 1. Petitioner claiming as the Educational Trust, made an application for grant of land for its activities. The Deputy Commissioner, Bangalore, by its order dated 4th March 2004 has granted ten acres of land in Survey No.7 and 8 of Shivanapura Village, Dasanapura Hobli, Bangalore North Taluk. On the basis of the land so granted, lease deed was executed on 6th March 2004. The Tahsildar, Bangalore North was directed to hand over possession of the land as per Annexure-D dated 15th March 2004. Though it was directed to hand over the land to the petitioner, physical possession of the an...
Indian Oil Corporation Ltd. Vs. Karnataka Petroleum and Gas Workers Un ...
Court: Karnataka
Decided on: Feb-22-2013
(These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the 1st respondent, their Agents, supporters, associates, patrons, members and accomplices from holding any strike, agitation, Dharna, Gherao, picketing, slogan shouting, within a radius of 500 meters of all the three establishments of the petitioner situated in the Karnataka State as indicated in Annexures-A,B and C etc.) 1. Petitioner - Indian Oil Corporation Limited is a Government of India Undertaking. The main activity of the petitioner's company is supply and distribution of petroleum products including Liquefied Petroleum Gas ('LPG' for short). In Karnataka, bottling plants have been established by the petitioner - Corporation at Devanagonthi, Hosakote taluk, Bangalore Rural district; Shimoga and Belgaum. In the LPG bottling plants, cylinders are being filled, loaded into trucks and sent to Distributors located in various markets across the State. The distributors would unde...
Babu Vs. the State of Karnataka (Through Ratkal Police Station) Repres ...
Court: Karnataka Gulbarga
Decided on: Feb-22-2013
(Prayer: This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 by the advocate for the appellant praying to set aside the order of conviction and sentence in S.C.No.232/2008 on the file of the II Additional Sessions Judge, Gulbarga and acquit the appellant.) 1. Heard the learned Counsel for the appellant and the learned Government Pleader. 2. The accused is in appeal in the following circumstances:- The appellant was accused of offences punishable under Sections 498A and 306 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity). The complainant Sonabai was a resident of Hanumantwadi in Basavakalyan Taluk, Bidar District. She had two daughters, Laxmibai and Sangeeta. She had lost her husband about 12 years prior to the complaint. She had performed the marriage of her elder daughter Laxmi six years prior to the complaint. Lakshmi was married to the present appellant. It is claimed that the accused had looked after Lakshmi ...
Vinod Goel and Another Vs. State of Karnataka, by City Crime Branch Po ...
Court: Karnataka
Decided on: Feb-21-2013
(These Criminal Petitions are filed under Section 482 of the Cr.P.C., praying to quash the proceedings in C.C.No.23679/2011 on the file of the VII Additional Chief Metropolitan Magistrate, Bangalore.) 1) These two petitions are filed under Section 482 of Cr.P.C. seeking to quash the prosecution launched in C.C. No.23679/2011 on the file of the VII Additional C.M.M., Bangalore. 2) Vinod Goel- the petitioner in Criminal Petition No.3944/2012 is arraigned as Accused No.1, while Sameer Goel, petitioner in Criminal Petition No.4009/2012 is arraigned as Accused No.2 in the charge sheet filed by the Assistant Commissioner of Police, CCB, Special Enquiries, N.T. Pet, Bangalore City, for the offences punishable under Sections 465, 467, 468, 471, 420 r/w. 120(B) of IPC. 3) The facts leading to the presentation of these two petitions are as under:- The 2nd respondent in these two petitions by name Alsaa Petroleum and Shipping FZC having its registered office at RAS AL KHAIMAH, UAE, represented th...
The District Registrar D C Office Building Shimoga District and Anothe ...
Court: Karnataka
Decided on: Feb-21-2013
Dilip B. Bhosale, J. (Oral) Heard learned counsel for the parties. By consent, this appeal is heard for final disposal at the stage of admission. 2. Learned AGA submits that he has instructions to confine challenge to the observations made in the concluding paragraph 9 of the order dated 3.12.10 passed by the learned Single Judge while disposing of W.P.No.5068/09. Paragraph 9 reads thus: “While disposing of this writ petition in the aforesaid manner, the Registry is directed to mark a copy of this order to the Secretary, Revenue Department, who is directed to circulate this among all the District Registrars in the State with direction that they shall not indulge in fixing the market value of the property contrary to the notified Government Value and at no point of time the valuation that should be arrived at by them should be in excess of the notified Government value.” 3. After inviting our attention to the aforesaid observations, learned AGA submits that these observation...
G.V. Ananda and Others Vs. State of Karnataka, by Sub Rfo, Kodagu Dist ...
Court: Karnataka
Decided on: Feb-20-2013
(This criminal petition is filed under Section 439 of the Cr.P.C. with a prayer to enlarge the petitioners on bail in FOC No.48/12-13 and FIR No.774/12 of Sub RFO, Kodlipet sub range, Shanivarasanthe range, Kodagu, Madikeri, for the offences punishable under Section 104-A of the Karnataka Forest Act and Rules 144 and 145 and 165 of the Karnataka Forest Rules.) 1. Petitioners have been arraigned as accused Nos.2 to 6 in Forest Offence Case No.48/12-13 registered by RFO Kudlipet Sub Range, Shanivarasanthe Range, Kodagu District registered for the offences punishable under Sections 62, 71-A, 80, 104-A of Karnataka Forest Act, 1963 and Rules 144, 127-A r/w Rule 165 of Karnataka Forest Rules, 1969. 2. According to the case of the prosecution on 22.12.12 the Forest officials received credible information that Rose wood logs are being transported illrhslly in a lorry. Immediately the forest officials reached a place on the road leading from Uruguthi Village to Kudlipet and when they were wait...
Smt. Bharati Vs. State of Karnataka, Rep. by the Prl. Secretary to the ...
Court: Karnataka Dharwad
Decided on: Feb-20-2013
(Prayer: This writ petition is filed under Articles 226 and 227 of Constitution of India praying to direct the respondents to appoint the petitioner in the cadre of First Division Assistant instead of Second Division Assistant as the respondents have now appointed the petitioner as a Second Division Assistant as per order dated 14.12.2000 vide Annexure-C.) The petitioner is a widow of one Sadanand Gundappa Gadad, who was working as a waterman in the office of the Town Municipal Council, Mudalagi, Taluk: Gokak and died in harness on 11.02.2000. Petitioner being a graduate, submitted an application for appointment on compassionate grounds. She was appointed as a Second Division Assistant on 14.12.2000. She accepted the said appointment without any demur. She, however, after more than a decade, submitted a representation dated 26.03.2011, to reconsider and appoint her as a First Division Assistant. Alleging inaction on the part of the respondents, this writ petition has been filed, to dir...
State of Karnataka, by Senior Labour Inspector, Mysore Vs. S. Devoji R ...
Court: Karnataka
Decided on: Feb-19-2013
(This CRL.A. is filed under Section 377 CR.P.C. praying to enhance the sentence imposed by the JMFC-II court, Mysore, in C.C. NO.443/04 on 18.11.2005 convicting the respondent/accused for the offence punishable under Section 30 of the Karnataka Shops and Commercial Establishment Act, 1961 and sentencing him to pay fine of Rs.1000/- for the offence punishable under Section 30 of Karnataka Shops Establishment Act. In default, he shall undergo simple imprisonment for 3 months and further convicted him to sentenced to pay fine of Rs.225 of said act in default, he shall undergo simple imprisonment for one month.) 1. The State has challenged the inadequacy of sentence ordered by the learned Magistrate for the offence punishable under Section 30 of Karnataka Shops and Commercial Establishment Act, 1961 (hereinafter called as 'the Act' for short). 2. The facts reveal that respondent, the owner of shop was chargesheeted on the allegation that he had employed a child in his shop on the date when...
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