Karnataka Court October 2014 Judgments
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D. Jagadesha and Others Vs. A.L. Ramachandra and Others
Court: Karnataka
Decided on: Oct-14-2014
(Prayer: RFA Filed U/Sec.96 Of CPC, Against The Judgment And Decree Dated: 03.11.2010 Passed In O.S.91/2004 On The File Of The Ii-Addl. Senior Civil Judge, Shivamogga, Decreeing The Suit For The Partition And Separate Possession And Permanent Injunction.) 1. This appeal filed by the defendants 1 to 3 under Section 96 of CPC is directed against the judgment and decree passed on 03.11.2010 in O.S.No.91/2004 pending on the file of the II Addl. Senior Civil Judge at Shimoga. Suit filed by the plaintiffs-respondents herein for partition and separate possession has been decreed as prayed for. Several grounds have been urged in the appeal memo. Parties will be referred to as plaintiffs 1 to 14 and defendants 1 to 3 as per their ranking in the Trial Court. 2. Facts leading to the filing of the suit for partition and separate possession of two items of immovable properties and machines as described in schedule 'C' of the plaint are as follows: One person by name A.N.Loganatha Mudaliar had four ...
M. Srinivas Vs. The State Of Karnataka, By Lokayukta Police and Anothe ...
Court: Karnataka
Decided on: Oct-14-2014
(Prayer: This Crl.P Is Filed U/S 482 Of Cr.P.C Praying To Quash The Private Complaint In P.C.R. No. 17/2012 Filed By The Complainant/Respondent No.2 Registered On The File Of The Xxiii Addl. City Civil 8s Spl. Judge Under Prevention Of Corruption Act, Bangalore Urban District, Bangalore. Etc.) 1. This petition is filed seeking quashing of the Private Complaint registered in PCR No. 17/2012 lodged by the second respondent herein and consequent referring of the matter u/s. 156(3) of Cr.PC for investigation and registration of Crime No.37/2012 by Lokayuktha Police, for the offences punishable under Section 13( 1) (b) (d) (I) (II) (III) (e) and 13(2) of the Prevention of Corruption Act, 1988 and also u/s. 120B, 420, 465, 468 of the IPC. 2. The brief factual matrix as could be seen from the records are that: The second respondent herein lodged a Private Complaint against die petitioner herein and others claiming himself to be a social worker running an organization by name 'Nagarika Hakku H...
The Divisional Controller, Hubli Vs. Nelhal Sharnappa and Another
Court: Karnataka Gulbarga
Decided on: Oct-14-2014
(Prayer: This MFA is filed under Section 173(1) of the M.V. Act, praying to allow the appeal and consequently to set aside the Judgment and Award dated 26.05.2008 passed by the learned Addl. MACT at Raichur in MVC No.178/2005.) 1. The appellant has challenged the quantum of compensation granted to the 1st respondent for the injuries sustained in the motor vehicle accident. 2. The facts reveal that on 28.02.2005, the 1st respondent herein, a District Judge, was proceeding in the bus bearing reg. No.KA-25/F-1681 and at 00.30 hours, the driver lost the control over the vehicle and the bus turtled. As a result, the 1st respondent herein suffered fracture of the left arm and he took treatment at Bangalore and in different other hospitals. There was permanent disability and therefore, a claim was made for compensation towards loss of income, medical expenses, pain, suffering mental agony, etc. The injured was examined as P.W.1 and the doctor, who assessed the disability is examined as P.W.2....
S. Nagaraj Vs. K. Nanda Kumar
Court: Karnataka
Decided on: Oct-14-2014
(Prayer: This Criminal Appeal filed of the code of Criminal Procedure, 1973, by the advocate for the appellant praying to set aside the order dated 18.11.2008 passed by the IX Additional Chief Metropolitan Magistrate, Bangalore City, in C.C.No.20237/2000 - acquitting the respondent/accused for the offence punishable under Section 500 of IPC.) 1. The appellant herein was the complainant before the court below. It was the case of the appellant that he had borrowed a sum of Rs.50,000/- from the accused, in order to secure the due repayment of the same, he is said to have executed a document dated 7.12.1997, styled as a Memorandum of Undertaking, agreeing to pay Rs.5,000/- every month to discharge the debt. It was claimed that the appellant repaid the entire amount and on payment of the last instalment, had demanded that the document executed by him be returned, as per the notice marked as Exhibit P-2. The accused is said to have replied as per Exhibit P-3. In response to which, the appell...
M.V. Prema Chandra and Another Vs. Sarojamma and Others
Court: Karnataka
Decided on: Oct-14-2014
(Prayer: RFA Filed U/Sec.96, R/W, O-41, Rule-1 Of Cpc, Against The Judgment And Decree Dated:14.08.2012 Passed In O.S.87/2010 On The File Of The Senior Civil Judge, Madikeri, Decreeing The Suit For Specific Performance.) 1. Being aggrieved by the rejection of their prayer to grant the relief of specific performance, the plaintiffs of an original suit bearing O.S.No.87/2010 which was pending on the file of the Court of Senior Civil Judge, Madikere, have filed this appeal under Section 96 of CPC. Respondents are the defendants in the said suit. 2. Facts leading to the filing of this appeal are as follows: Defendants are the absolute owners in possession of 6.55 acre in Sy.No.81 of Bychanahalli Village of Somwarpet Taluk, Kodagu District. The defendant No.1 is the mother of remaining defendants and wife of one late B.V.Yogananda. The said Yogananda and the defendants, according to the plaintiffs, had agreed to sell 6.11 acres in out of total extent of 6.55 acres in Sy.No.81 to the plainti...
H. Srinivasa and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Oct-14-2014
1. These Petitions though listed for preliminary hearing, with the consent of the learned Counsel for the parties are finally heard and disposed of by this Order. 2. Petitioners are teachers appointed to serve in the Grace Public. School managed by Grace Education Trust (R), Bommanakatte, Bhadravathi taluk, Shimoga District, established during the year 1987-1988 and extended recognition by Order dated 3.2.1996 to commence a Primary School with Kannada as the medium of instruction, Annexure-A. Petitioners claim to have been appointed against clear vacancies to sanctioned posts after following due process or recruitment and selection and reported to duty on 24.10.2008, 23.10.2008, 30.10.2008 and 30.10.2008, respectively. Their appointments were approved by the 4thRespondent-Deputy Director, however without aid by Order dated 4.9.2010 Annexure-B. The Employer M/s. Grace Education Trust is said to have made a representation to the State to approve the appointment of the Petitioners as teac...
S. Madhu and Others Vs. State
Court: Karnataka
Decided on: Oct-14-2014
(Prayer: This Crl.P Is Filed Under Section 482 Of The Criminal Procedure Code Praying To Quash The Order Dated 11.04.2014 On The File Of V Addl. District And Sessions Judge, Devanahalli, In S.C. No.285/2012 And To Pass Any Appropriate Orders In The Facts And Circumstances Of The Case, In The Interest Of Justice And Equity.) 1. The present petition is filed seeking setting aside of the order passed by the learned V Addl. District and Sessions Judge, Bangalore Rural District (sitting at Devanahalli) in S.C. No.285/2012 dated 11.04.2014 in rejecting the application filed by accused Nos.1 to 3 in the said case under Section 311 of the Criminal Procedure Code. 2. I have heard the learned counsel for petitioners as also the learned High Court Government Pleader in this regard. 3. The order of the trial Court discloses that accused Nos.1 to 5 were chargesheeted for the offence punishable under Section 395 of the Indian Penal Code. On 30.09.2013, the evidence before the trial Court started and...
Black Pearl Hotels (P.) Ltd. Vs. Deputy Commissioner of Income-tax, Ci ...
Court: Karnataka
Decided on: Oct-14-2014
1. The assessee has preferred this appeal against the concurrent finding recorded by the three authorities that the income derived from the premises constitutes 'income from house property' and not from business' as contended by the assessee. 2. The assessee is a private limited company incorporated under the Companies Act, 1956 having its registered office at Bangalore. The object of the assessee is carrying on business and running and operating hotels, retail stores etc. in India. The assessee was running a hotel in Brigade Road, Bangalore in the premises taken on lease. The said business was closed. The assessee was using the lease. hold building for various purposes like giving the hall on rent, taking franchise business etc. With effect from 30-07-2000, the assessee had given the premises to M/s Kids Kemp to run their franchise business for three years under the brand name Toy Kemp". The said arrangement was terminated on 31.07.2001. The assessee had offered the income during the ...
Commissioner of Income-tax, Mangalore Vs. Syndicate Bank Syndicate Hou ...
Court: Karnataka
Decided on: Oct-14-2014
N. Kumar, J. 1. The Revenue has preferred this appeal challenging the order passed by the Tribunal which has affirmed the order passed by the Appellate Commissioner holding that the issue of provision for doubtful debts is directly covered by the decision of the Income Tax Appellate Tribunal, Bangalore as well as the provision for losses cannot be added back to the book profit under Section 115JA of the Income Tax Act, 1961 (for short hereinafter referred to as 'the Act'). 2. The assessee is carrying on business in banking. In respect of the assessment year 1999-2000 the assessee filed the return of income computing its total income under the regular provisions of the Act as well as under Section 115JA of the Act. The assessee had claimed deduction under the provision for bad and doubtful debts of Rs.8,73,11,283/- and provision for loss of assets of Rs.1,20,00,000/-. The Assessing Authority held that the provision for doubtful and bad debts is not an ascertained liability and it is onl...
Gurupadaswamy Vs. M. Partha
Court: Karnataka
Decided on: Oct-14-2014
(Prayer: This Criminal Revision Petition is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, praying to set aside the judgment, conviction and sentence dated 7.2.2012 passed by the III Additional I Civil Judge and Judicial Magistrate First Class, Mysore in C.C.No.1912/2008 convicting the petitioner herein under Section 138 of N.I.Act and also order of the appellate Court dated 30.5.2014 passed by the Prl. District and Sessions Judge, Mysore in Crl.A.No.44/2012 and acquit the petitioner by allowing the revision petition.) 1. The petitioner was the accused in a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as the 'NI Act', for brevity). 2. It was alleged that the petitioner herein had obtained a hand loan of Rs.1.50 lakh from the respondent as on 10.12.2007. It is stated that he had issued a cheque for the said amount, in due repayment thereof, vide cheque dated 10.2.2008. The cheque is...
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