Karnataka Court October 2014 Judgments
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M/S Tata Elxsi Limited Vs. The Assistant Commissioner
Court: Karnataka
Decided on: Oct-20-2014
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE20H DAY OF OCTOBER2014PRESENT THE HONBLE MR.JUSTICE N.KUMAR AND THE HONBLE MR.JUSTICE B.MANOHAR INCOME TAX APPEAL NO.411/2008 BETWEEN: M/s.Tata Elxsi Limited, ITPL Road, Whitefiled, Bangalore 560 048 Ramadas Kamath K, Corporate Manager Finance. Appellant (By Sri.Chythanya K.K, Advocate) AND: The Assistant Commissioner of Income Tax, Circle 12(3), Bangalore. Respondent (By Sri.Jeevan J.Neeralgi, Advocate) This ITA is filed under Section 260-A of I.T. Act, arising out of Order dated 31.12.2007 passed in ITA.No.57/BNG/2005 for the assessment year 2001-2002 praying to formulate the substantial question of law therein and to allow the appeal and set aside the order passed by the ITAT Bangalore in ITA.No.57/BNG/2005 dated 31.12.2007.-. 2 - This appeal coming on for Hearing this day, N.Kumar J., delivered the following: JUDGMENT The assessee has preferred this appeal challenging the order passed by the Tribunal holding that the asses...
M/s. J.S.W. Steel Ltd. Vs. The State Of Karnataka and Others
Court: Karnataka
Decided on: Oct-17-2014
(Prayer: This Review Petition Is Filed Under Section 114 Read With Order 47 Rule 1 Of CPC And Article 226 Of The Constitution Of India, Praying This, The Advocate For The Petitioner Has Filed The Above Review Petition Under Order 47 Rule 1 Of CPC, Praying This Hon'ble Court To Review The Order Dated 13/04/2012 Passed In W.P.No.17945/2007, On The File Of The Hon'ble High Court Of Karnataka, Bangalore.) C.A.V. Judgment: 1. This review petition is filed against order dated 13/04/2012 passed in W.P.No.17945/2007. By that order, the writ petition was dismissed on preliminary objections raised by third respondent. More specifically, the writ petition was dismissed on the ground of locus standi of the petitioner to maintain it, secondly, on the ground of delay and laches in filing the petition and thirdly, on suppression of material facts. 2. Being aggrieved by that order, petitioner had filed Special Leave Petition.No.31398/2012 (SLP) before the Hon'ble Supreme Court. The SLP was withdrawn w...
Francis J- Lopez Vs. Prima Violet Fernandes
Court: Karnataka
Decided on: Oct-17-2014
(Prayer: This Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Call For The Records And Quash The Order Dated 01.07.2014 Made In Crl.M.C.No.53/2013 Passed By The Family Court At D.K., Mangalore, Vide Annexure-A.) 1. This writ petition is directed against an order dated 01.07.2014 passed by the Prl. judge, Family Court, D.K., Mangalore in CrLM.C.Mo.53/2013, overruling the objection raised by the petitioner that it has no jurisdiction to entertain and try the case. 2. The petitioner and the respondent are estranged couple. Their marriage was solemnized on 13.06.2010. Alleging desertion etc., the petitioner served a notice dated 14.10.2013 on the respondent. Crl.M.C,No.53/2013 was filed on 12.11.2013 by the respondent, in the Family Court, D.K., Mangalore under S.125 of Criminal Procedure Code (for short 'the Code'). The petitioner filed statement of objections on 03.02.2014. In view of the pleading of the petitioner that the Family Court, D.K., Mangal...
Prakash Chand P. Ostwal Vs. L. Srinivas
Court: Karnataka
Decided on: Oct-17-2014
(Prayer: This Misc. First Appeal Is Filed Under Section 37 (1) (A) Of Arbitration And Conciliation Act Of 1996, Against The Order Dated:11.01.2012 Passed On A.A.No.13/2011 On The File Of The 6th Additional City Civil And Sessions Judge, Bangalore City, Allowing The Petition Filed Under Section 9 Of The Arbitration And Conciliation Act.) 1. This appeal is filed against the order dated 11.1.2012 passed in A.A.No.13/2011 passed by the VI Addl.City Civil and Sessions Judge, Bangalore City. 2. For the sake of convenience, the parties will be referred to as per their ranking in the trial court. 3. Facts unrevealed are: The petitioner had filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (for short hereinafter referred to as 'the Act') seeking for a restraint order against the respondent from alienating the petition schedule property pending disposal of the arbitral proceedings. 4. In the petition it was alleged that, the respondent being the owner of the petition...
H.P. Suryanarayanachari Vs. Karnataka Lokayukta and Others
Court: Karnataka
Decided on: Oct-17-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of Constitution Of India Praying To Grant Interim Order To Stay All Proceedings In Pursuance Of The Order At Ann-C The Order By The R1 Dt.22.04.2014, Etc.) 1. The order passed by the Karnataka Lokayuktha dated 22.4.2014 on the complaint of the third respondent herein is under challenge in this Writ Petition, whereby the note put up by the office of the Lokayuktha is endorsed as approved by the Lokayuktha. 2. A complaint came to be lodged by third respondent/a private individual on 11.7.2013 before the Karnataka Lokayuktha against the Joint Commissioner, B.B.M.P., Mahadevapura, Bangalore. The allegations in the complaint read that, the owner of Sy.No.179/2 i.e., the petitioner herein has blocked the pathway, which leads to the complainant's lands in Sy.Nos.180 and 182/1A and by encroaching the cart pathway, he is putting up construction. The construction has caused hardship to the public and also the owners of the abutting ...
Shehzad Afzal Khan Vs. State of Karnataka
Court: Karnataka
Decided on: Oct-17-2014
(Prayer: This Crl.P Is Filed U/S.438 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 The Event Of His Arrest In Crime No.7/14 Of Mysore Lokayuktha P.S., Mysore, For The Offencs P/U/S 13(1)(C)(D)(Ii) And (Iii) Of The Prevention Of Corruption Act, R/W Sec. 420 Of Ipc.) 1. This petition is filed by the petitioner/accused No.9 under Section 438 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 13(1)(c)(d)(ii) and (iii) of the prevention of Corruption Act, 1988 and Section 420 of IPC, registered in respondent - police station Crime No.7/2014. 2. Heard the arguments of the learned Senior counsel appearing for the petitioner/accused No.9 and also the learned High Court Government Pleader appearing for the respondent-State. 3. The brief facts of the case as pleaded, that complainant has stated that Mr.Javaraju of Mysore and Mr.Shehzad Khan i.e., petitioner, have filed complaints about the i...
Mohammed Aleemulla Vs. The State Of Karnataka
Court: Karnataka
Decided on: Oct-17-2014
(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.91/14 Of Banashankari P.S., Bangalore City, For The Offences P/U/S 120(B), 143, 147, 148, 149, 302 Of Ipc And Etc.) 1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail in respect of a case registered against the petitioner in Cr.No.91/2014 by Banashankari Police Statuib, Bangalore, for the offences punishable under Sections 143, 147, 148, 149, 201, 302 of IPC. 2. Bail application filed on behalf of the petitioner has already been dismissed by the Fast Tract II, Bangalore City on 25.7.2014 in Crl.Misc.No.3698/2014. 3. The petitioner is in judicial custody from 3.4.2014 on which day he was taken into custody by the Police. The main allegation against the petitioner is that he had joined accused No.1-Thoparaju in murdering his friend Kumar @ Appu at 3.45 p.m. on 23.3.2014 in the house of accused No.1. It is a...
Mr Francis J Lopez Vs. Mrs Prima Violet Fernandes
Court: Karnataka
Decided on: Oct-17-2014
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE17H DAY OF OCTOBER, 2014 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.44844/2014 (GM-FC) BETWEEN: Mr. FRANCIS J.LOPEZ S/O Mr. JOSEPH LOPEZ, AGED ABOUT31YEARS, R/AT NO.601, EMERALD HEIGHTS, F.V. HOMES SECTOR15 PLOT14TO17 RAIGARH KALAMBOLI, NAVI MUMBAI 410 218. (BY SRI M. VISHWAJITH RAI, ADV.) AND: Mrs. PRIMA VIOLET FERNANDES W/O Mr. FRANCIS J.LOPEZ, AGED ABOUT28YEARS, R/AT NO.402, DIARA RESIDENCY, NEAR ST. DOMINICS CHURCH, St. ANTONY COLONY, ASHOKNAGAR, URWA, MANGALORE - 6. ... PETITIONER ... RESPONDENT2THIS PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND QUASH THE ORDER DATED0107.2014 MADE IN CRL.M.C.NO.53/2013 PASSED BY THE FAMILY COURT AT D.K., MANGALORE, VIDE ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This writ petition is directed against an order dated 01.07.2014 passed b...
Amaresh and Others Vs. The Divisional Manager and Others
Court: Karnataka Gulbarga
Decided on: Oct-16-2014
(Prayer: This MFA Filed Under Section 173 (1) Of MV Act Against The Judgment And Award Dated 05.04.2012 Passed In MVC No.07/2011 On The File Of Prl. Senior Civil Judge and M.A.C.T. Gulbarga, Partly Allowing The Claim Petition And Seeking For Enhancement Of Compensation. This MFA Filed Under Section 173 (1) Of MV Act Against The Judgment And Award Dated 05.04.2012 Passed In MVC No.07/2011 On The File Of The Senior Civil Judge and M.A.C.T. Gulbarga, Partly Allowing The Claim Petition And Awarding Compensation Of Rs. 7,60,000/- With Interest At 6% P.A.) 1. Though the matters are posted in the list of admission, with the consent of learned counsel for both the parties, they are taken up for final hearing and are being disposed of by this judgment. 2. While the claimants have filed an appeal seeking enhancement of compensation for the death of Avinash in the motorcycle accident, the insurer has filed other appeal challenging its liability to pay the compensation. 3. The facts reveal that on...
Hemanth @ M.S. Balasubramanya Vs. State Of Karnataka
Court: Karnataka
Decided on: Oct-16-2014
(Prayer: This Criminal Petition Is Filed Under Section 438 Of Cr.P.C. Praying To Enlarge The Petitioner On Bail In The Event Of His Arrest In Crime No.80/14 Of Jnanabharathi P.S., Bangalore City, For The Offences P/U/S 376, 420 Of Ipc And U/S 3(I) (X) Of Sc/St (Poa) Act, 1989.) 1. This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail in respect of Cr.No.80/14 registered by Jnanabharathi Police, Bangalore, for offences punishable under Sections 376, 420 of IPC and Section 3 (1) (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. Bail application filed by the petitioner before the II Additional City Civil and Sessions Judge, Bangalore has been rejected vide order dated 22-09-2014. Hence, petitioner is before this Court 3. Learned HCGP has vehemently opposed the anticipatory bail application on the ground that prima-facie case is forthcoming about the alleged offence of rape and complainant being abused with regard to her caste. Hen...
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