Karnataka Court November 2014 Judgments
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Director of Income-tax (Exemption), Bangalore Vs. Karnataka Industrial ...
Court: Karnataka
Decided on: Nov-07-2014
N. Kumar, J. 1. The Revenue has preferred this appeal challenging the order passed by the Tribunal which has set aside the order passed by the lower authorities cancelling the registration of the assessee as a Charitable Trust under Section 12A of the Income Tax Act, 1961 (for short hereinafter referred to as 'the Act'). 2. The assessee, Karnataka Industrial Area Development Board, (for short hereinafter referred to as 'KIADB') was granted registration under Section 12A of the Act vide order dated 20.6.1988 passed by the Commissioner of Income Tax (Exemption). A notice was issued to the assessee under Section 12AA(3) of the Act calling upon to show cause as to why the said registration should not be cancelled on the ground that case falls under first proviso to Section 2(15) of the Act. The assessee appeared, contested the matter. The authorities took note of the fact that the accounts for the year ended 31.3.2009 shows receipts by way of gain on disposal of land to the extent of Rs.18...
S. Shylesh and Another Kumar Vs. Radhamma and Another
Court: Karnataka
Decided on: Nov-07-2014
(Prayer: This RSA is filed under Section 100 of CPC against the judgment and decree dated 21.02.2006 passed in R.A..No.182/2000 on the file of the Prl. Civil Judge (Sr.Dn.) And CJM, Kolar, allowing the appeal and setting aside the judgment and decree dated 25.09.2000 passed in O.S.No.160/1995 on the file of the Addl. Civil judge (Jr.Dn.), Malur. This RSA is filed under Section 100 of CPC against the judgment and decree dated 21.02.2006 passed in R.A.No.184/2000 on the file of the Prl. Civil Judge (Sr.Dn.) and CJM, Kolar, allowing the appeal and setting aside the judgment and decree dated 25.09.2000 passed in O.S.No.130/95 on the file of the Addl. Civil Judge (Jr.Dn.), Malur.) 1. Both these appeals have arisen out of a common judgment passed by the learned Prl. Civil Judge (Sr.Dn.) and CJM, Kolar, in R.A.Nos.182/2000 and 184/2000 vide common judgment dated 21.02.2006. R.A.Nos.182/2000 and 184/2000 had arisen out of original suits bearing O.S.Nos.160/1995 and 130/1995 pending on the file...
Dr. Tej Shetty Vs. A.A. Suresh Kumar
Court: Karnataka
Decided on: Nov-07-2014
(Prayer: This Petition Is Filed Under Section 18 Of Small Causes Court Act Against The Judgment And Decree Dated 31.8.2004 Passed In S.C.No.1998/2002 On The File Of The Chief Judge, Court Of Small Causes, Bangalore, Scch No.1, Decreeing The Suit For Recovery Of The Vacant Possession Of The Schedule Premises From The Petitioner Herein.) 1. This is a tenant's revision petition challenging the judgment and decree passed by Chief Judge, Small Causes Court, Bangalore dated 31.08.2014 in S.C.No.1998/2002. 2. I have heard the arguments of Sri S.Shaker Shetty, learned Advocate appearing for petitioner - tenant and Sri Sharath S Gowda, learned Advocate appearing for respondent - landlord. Perused the records. 3. It is the contention of Sri Shaker Shetty, learned Advocate appearing for petitioner that suit in question is not maintainable on the following grounds: (1) Court fee paid is not sufficient and as required under Section 29 of Karnataka Court Fees and Suits Valuation Act, 1958; (2) Petit...
G. Suresh Vs. Syndicate Bank
Court: Karnataka
Decided on: Nov-07-2014
(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition No.16190/2006 dated 05.09.2011.) 1. Aggrieved by the order dated 05.09.2011, passed by the learned Single Judge in W.P.No.16190/2006 dismissing the writ petition, the writ petitioner has filed the present appeal. 2. The case of the petitioner / appellant is that he joined the service of the respondent-bank in the year 1983 and was confirmed thereafter. He was promoted to various posts. He was working as the Branch Manager in Tekkalakote. Thereafter, he was transferred to Bellary Branch. While serving at the Bellary Branch, he was called upon to answer certain allegations regarding irregularities during his functioning at Tekkalakote. He submitted his reply. The same was not accepted. An enquiry was ordered. The Inquiring Officer held that the charges were proved. 3. The Disciplinary Authority issued a second show-cause notice. The same was replie...
The VSSN Mathigatta Co-operative Society Vs. M.L. Shivalingappa
Court: Karnataka
Decided on: Nov-06-2014
(Prayer: This Criminal Appeal filed under Section 378(4) of the code of Criminal Procedure, 1973, by the advocate for the appellant praying to set aside the order dated 10.4.2012 passed by the Additional Civil Judge and JMFC., Chikkanayakanahalli in C.C.No.79/2005 - acquitting the respondent/accused for the offence punishable under Section 109(9) and (10) of Karnataka Co-operative Societies Act, 1959.) 1. A.1/2012 is allowed for the reasons stated. Special leave to appeal is granted. There is a delay of 12 days in filing the appeal. The same is condoned for the reasons stated. The respondent is represented. Hence, the appeal itself is considered on merits, having regard to the limited grounds on which the appeal is filed. 2. The appeal in its form, is misconceived. In that, the case of the appellant is that he is authorised to represent one V.S.S.N. Mathigatta Co-operative Society Limited, Tumkur. The complaint is on behalf of the Society. It is apparently by inadvertence that the comp...
The South Indian Sugar Mills Association (Karnataka) and Others Vs. Go ...
Court: Karnataka
Decided on: Nov-06-2014
(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the proceedings dated 10.11.2013 vide Annexure-A issued by R-2 and notification dated 23.11.2013 vide Annexure-A1 of the R-2 and etc. This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the records and quashing Government notification dated 23.11.2013 vide Annexure-G. These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 23.11.2013 passed by the R2 vide Annexure-A and the R2 Board proceedings/meeting dated 10.11.2013 vide Annexure-B fixing the price for sugarcane and hereby seeking direction to direct the R2 to fix the price of the sugarcane afresh considering the recovery of sugar from sugarcane and income from the by products of the sugarcane received by the R3. This writ petition is filed under Articles 226 and 227 of the Constitution of India prayi...
Md. Nayeem Shaikh Vs. The State
Court: Karnataka Gulbarga
Decided on: Nov-06-2014
(Prayer: These Crl.Ps Are Filed Under Section 439 Cr.P.C. Praying To Enlarge The Accused/Petitioner On Bail In Crime No.11/2014 Of Roza Police Station, Gulbarga, Which Is Registered For The Offences P/U/S 450, 394, 397, 302, 201, 120(B) R/W 34 Of Ipc.) Common Order: 1. The petitioners have approached this Court for grant of bail having been arrested and chargesheeted for the offence punishable under Sections 302, 201, 396 and 120(B) IPC relating to an incident of robbery and murder that took place in the premises of CW8 - Nauman on 25.03.2014 in the night hours. 2. A complaint of this incident was filed by CW1 - Syed Rafat Rahan, the brother of CW8 - Nauman. During the investigation, the petitioner-accused No.3 was arrested and on recording the confession statement of accused No.3, the recoveries were done. The dead body of Abdul Nabi, the watchman was subjected to postmortem examination and he is said to have died a homicidal death. On recovery of money, gold ornaments and other artic...
N. Meghashyam and Another Vs. Sanjeevani Walvekar and Another
Court: Karnataka
Decided on: Nov-06-2014
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 08.10.2013 on I.A.No.4 in M.C.No.4500/2012 passed by the Principal Judge, Family Court, Bangalore vide Annexure-E. This petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent to pay Rs. 35,000/- as monthly maintenance and Rs. 25,000/- towards litigation expenses by modifying the impugned order dated 08.10.2013 in I.A.4/2012 passed by the learned Prl. Judge, Family Court, Bangalore in M.C.No.4500/2012 vide Annexure-E.) 1. The parties are estranged couple. Their marriage was solemnized on 30.11.2008. Petitioner - husband, filed M.C.No.4500/2012, for divorce, under Section 13(1)(ia) of Hindu Marriage Act, 1955 (for short 'the Act'), in the Family Court, Bengaluru. The case has been contested by the respondent - wife, by filing counter. I.A.No.4 filed by the respondent, under Section 24 of the Act, despite objections ...
Rayappa Gowda Vs. Additional Registrar Of Co-Operative Societies and A ...
Court: Karnataka
Decided on: Nov-06-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Quash The Order Passed By The Karnataka Appellate Tribunal, Bangalore Dt.26th February 2014 In Appeal No.76/2013 As Per Annx-P.) 1. Petitioner was an employee of the Karnataka Road Transport Corporation Employees Credit Co-operative Societies Limited - 2nd respondent herein. On the allegations that he illegally substituted the names of two sureties for the loan availed by one Rehman Shariff in the place of two sureties who had earlier signed as such, a disciplinary enquiry was ordered to be initiated by issuing a charge sheet. In this regard, a resolution was passed by the Board of Directors of the 2nd respondent - Society authorizing the Vice President of the Society to issue the charge sheet. The Vice President issued the charge sheet on 23.05.2005. Petitioner replied denying the charges. An enquiry officer was appointed by the Board of Directors. After holding an enquiry, the Enq...
Punuru Samana Vs. P.V. Niranjan Kumar Reddy
Court: Karnataka
Decided on: Nov-06-2014
(Prayer: This Writ Petition is filed Under Articles 226 and 227 of the Constitution of india, praying to Quash the impugned order Vide Annexure-D dated 05.09.2013 passed by the 1st Addl. Principal Family Judge, Bangalore in Crl.Misc.No.358/2008 and etc.) 1. This petition is directed against an order dated 05.09.2013 passed on I.A.No.4 in Crl.Misc.No.358/2008 of the 1st Additional Prl. Judge, Family Court, Bengaluru. 2. Brief facts relevant for the disposal of this writ petition are as follows: The parties are estranged couple. Petitioner instituted Crl.Misc.No.358/2008, under S.125 of the Cr.P.C., in the Family Court, Bengaluru to direct the respondent to pay maintenance from 07.07.2008 at Rs. 2,50,000/- per month. The case has been contested by the respondent. An application filed to direct the respondent for payment of interim maintenance was allowed on 10.02.2011. The case is at the stage of trial. I.A.No.4 was filed, invoking S.91 of the Cr.P.C., to direct the respondent to furnish...
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