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Karnataka Court October 2014 Judgments

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Oct 07 2014

Subhashini Education Trust (A Public Charitable Trust) and Others Vs. ...

Court: Karnataka

Decided on: Oct-07-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying To Quash The Order Dt. 25.8.2004 In Eat.No. 10/93 By The Principal District Judge At Kolar Vide Ann-A.) 1. The Educational Institution and its Secretary have jointly preferred this petition, calling in question the order dated 25.8.2004 of the Principal District Judge, Kolar, for short 'Tribunal', in EAT No. 10/ 1993. 2. Respondent, when employed as a 'Lecturer' in the first petitioner/ Education Trust with effect from 1.8.1983, was instructed to hold the post of 'Principal', as incharge, from 1.10.1991 to 16.7.1992. The first petitioner in its Meeting held on 23.12.1992 resolved that the second petitioner/ Managing Trustee be the 'Disciplinary Authority', who, acting on the resolution dated 10.7.1992 of the first petitioner, issued a charge sheet, leveling six charges against the respondent. The reply dated 15.1.1993, when found not satisfactory led to the appointment of one M. Nagappa, Re...


Oct 07 2014

Mahadeva Vs. The State of Karnataka

Court: Karnataka

Decided on: Oct-07-2014

(Prayer: Crl.P Filed U/S. 439 Cr.P.C By The Advocate For The Petitioner Praying That This Hon'ble Court May Be Pleased To Enlarge The Petr. On Bail In Crime No.252/13 Of K.R.Pet Town P.S., K.R.Pet, Mandya, For The Offences P/U/S 302, 212, 324 R/W 34 Of Ipc.) 1. Present petition is filed under Section 439 of Cr.P.C. seeking regular bail by accused No.3-Mahadeva and a case came to be registered against five persons in Crime No.252/2013 on the file of K.R.Pet Police Station for the offences punishable under Sections 143, 147, 148, 302 IPC read with Section 149 of IPC. 2. The present petitioner is in judicial custody. Bail application filed by him before the jurisdictional Sessions Court at Srirangapatna, has been rejected by a considered order dated 02.06.2014 in Crl. Misc. No.5248/2014. Hence present petition is filed under Section 439 Cr.P.C. 3. Perused the petition papers. 4. Learned High Court Government Pleader has vehemently opposed the bail application on the ground that prima faci...


Oct 07 2014

Commissioner of Income-tax, Mangalore Vs. Manipal Finance Corporation ...

Court: Karnataka

Decided on: Oct-07-2014

N. Kumar, J. 1. As common questions of law are involved in both these appeals, they are taken up for consideration together and disposed of by this common order. 2. The substantial questions of law which arises for consideration in both the appeals are as under: (i) In ITA 795/2008/ "Whether the Tribunal was correct in holding that the sum of Rs. 1,78,12,000/-received by the assessee as fixed deposit during the earlier assessment year was written off during the current assessment year under a settlement resulted in cessation of a liability in the ordinary course of the business of the assessee resulting in income liable to tax?" (ii) In ITA 794/2008 "Whether the second Appellate Tribunal was right in holding that a sum of Rs.2,75,76,000/- received by the assessee as fixed deposit during the earlier assessment year was written off by forfeiture during the current assessment year under a settlement resulted in cessation of a liability in the ordinary course of the business of the assesse...


Oct 07 2014

Subhashini Education Trust (A Public Charitable Trust) and Others Vs. ...

Court: Karnataka

Decided on: Oct-07-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying To Quash The Order Dt. 25.8.2004 In Eat.No. 10/93 By The Principal District Judge At Kolar Vide Ann-A.) 1. The Educational Institution and its Secretary have jointly preferred this petition, calling in question the order dated 25.8.2004 of the Principal District Judge, Kolar, for short 'Tribunal', in EAT No. 10/ 1993. 2. Respondent, when employed as a 'Lecturer' in the first petitioner/ Education Trust with effect from 1.8.1983, was instructed to hold the post of 'Principal', as incharge, from 1.10.1991 to 16.7.1992. The first petitioner in its Meeting held on 23.12.1992 resolved that the second petitioner/ Managing Trustee be the 'Disciplinary Authority', who, acting on the resolution dated 10.7.1992 of the first petitioner, issued a charge sheet, leveling six charges against the respondent. The reply dated 15.1.1993, when found not satisfactory led to the appointment of one M. Nagappa, Re...


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