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Karnataka Court February 2014 Judgments

Feb 28 2014

S.R. Patil and Others Vs. the Director of Agriculture Produce Marketin ...

Court: Karnataka Gulbarga

Decided on: Feb-28-2014

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to issue writ of mandamus, directing respondents No.l to 4 to allot shops at Chadechan APMC yard in terms of Annexure- E.) 1. Learned Government Pleader is directed to take notice for Respondents 1 and 2. Sri Mallikarjun Basareddy, learned Advocate takes notice for Respondents 3 and 4. Heard. The grievance of the petitioner is that respondents 1 to 4 are not allotting shops formed in APMC Yard at Chadachan, though the sites were allocated in their names vide Annexure-'E'. 2. The records reveal that the Agriculture Produce Marketing Committee, Indi issued a notification as per Annexure-'A' dated 18.05.2013 for allotting certain shops formed in APMC yard Chadachan. Petitioners also filed applications seeking allotment. It seems the APMC, Indi has selected the petitioners as per the resolution Annexure-'E' dated 04.07.2013 for allotment of shops. According to the petitioners they have ...

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Feb 28 2014

M/S. Balanoor Plantations and Industries Ltd. and Others Vs. State of ...

Court: Karnataka

Decided on: Feb-28-2014

(Prayer: These Writ Appeals Filed U/S 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In The Writ Petition No.5739/11 and 18322-332/11 C/W 5740-42/11 and 18286-318/11 Dated 16/08/2012.) (Prayer: This Writ Appeal Filed U/S 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In The Writ Petition No. 16015/11 and 23815-825/11, 25518/11 and 43584-593/11 Dated 16/08/2012.) (Prayer: This Writ Appeal Filed U/S 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In The Writ Petition No.16162/11 and 41091-101/11 Dated 16/08/2012.) Diiip B. Bhosale, J. 1. In these writ appeals, a short, yet important question of law, that falls for our consideration is whether the appellants-assessees, who are engaged in growing of tea/coffee plants and so also in manufacturing of tea/coffee as marketable commodity are entitled to take tax credit of inputs such as fertilizers, chemicals, pesticides, agricultural implements etc., used in the process ...

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Feb 28 2014

Commissioner of Income Tax-iii Revenue Buildings and Another Vs. M/S. ...

Court: Karnataka

Decided on: Feb-28-2014

(Prayer: This Ita Is Filed Under Sec.260-A Of Income Tax Act 1961, Arising Out Of Order Dated 30/04/2013 Passed In Ita N0.931/Bang/2012, For The Assessment Year 2008-09, Praying This Hon'ble Court To: I. Formulate The Substantial Questions Of Law Stated Therein, Ii. Set Aside The Order Passed By The Itat, A' Bench, Bangalore In Ita N0.931/E5ang/2012 Dated 30/04/2013, As Sought For In This Appeal.) (Prayer: This Ita Is Filed Under Sec.260-A Of I.T. Act, 1961, Arising Out Of Order. Dated 30/04/2013 Passed In Ita N0.930/Bang/2012, For The Assessment Year 2007-08, Praying This Hon'ble Court To: I Formulate The Substantial Questions Of' Law Stated Therein, Ii. Set Aside The Appellate Order Dated 30/04/2013 Passed By The Itat, 'A Bench, Bangalore, In Appeal Proceedings Ita N0.930/Bang/2012, As Sought For In This Appeal.) (Prayer: This Ita Is Filed Under Sec.260-A Of Income Tax Act 1961, Arising Out Of Order Dated 30/04/20 J 3 Passed In Ita No.263/Bang/2012, For The Assessment Year 2006-07, P...

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Feb 26 2014

G.N. Manjunath and Others Vs. State by Women Police Station and Anothe ...

Court: Karnataka

Decided on: Feb-26-2014

(Prayer: This Petition Is Filed U/S.482 Cr.P.C Praying To Quash The Fir Bearing No.119/13 Dated:7.9.13 Filed By The Women Police Shimoga In Fir No.119/13, Pending On The File Of The Jmfc-Ii Court, Shimoga By Allowing This Petition.) 1. Accused 1 to 4 in Crime No.119/2013 registered with Women's Police Station at Shimoga, within the jurisdiction of JMFC-II, Shimoga, have come up in this petition seeking quashing of FIR registered in the aforesaid crime number on 7.9.2013. 2. In this proceedings, first petitioner is the husband of complainant-second respondent, petitioners 2 and 3 are his parents, petitioner No.4 is his sister. Subsequent to the marriage between first petitioner and second respondent, second respondent has filed complaint on 7.9.2013 against petitioners, who are accused 1 to 4 therein for offences punishable under Sections 498-A, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. It is stated that subsequent to complaint was registered with first resp...

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Feb 26 2014

Kamalakshi and Another Vs. the Deputy Commissioner and Others

Court: Karnataka

Decided on: Feb-26-2014

(Prayer: These Writ Petitions Are Filed Under Article 226 of the Constitution of India Praying To Quash The Order Dtd.8.8.2013 Issued By The R3 Vide Annex-E And Etc.) (Prayer: This Writ Petition Is Filed Under Article 226 of the Constitution of India Praying To Issue A Writ Or Mandamus To The R1 To Consider The Application Filed By The Petitioner At Ann-B, Dt- 21.9.10 Pursuance To The Notification Dt.26.8.10, Issued By The Rl, Produced At Ann-A, In Terms Of The Report Submitted By The Thasildar, Chamarajanagar Tq. Chamrajanagar Dist. Dt. 13.2.2011 Produced At Ann-C 8and Ci Without Reference To The Circular Dt.8.8.13, Issued By The R2 At Ann-F.) 1. The petitioner in W.P.No.54653/2013 is before this Court seeking for issue of mandamus to direct the first respondent to consider the application filed by the petitioner dated 21.09.2010 pursuant to the notification dated 26.08.2010. The petitioner is also assailing the circular dated 08.08.2013 impugned at Annexure-F to the petition. The pet...

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Feb 26 2014

B.M. Janardhan Vs. Inspector General of Stamps and Commissioner for Re ...

Court: Karnataka

Decided on: Feb-26-2014

(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 24.01.2014 vide Annexure-A, passed by the respondent-authority.) 1. The petitioner being a Sub Registrar was posted and was working in the office of the Sub Registrar, Tavarekere, Bangalore South Taluk since, May 2012. Lokayukta Police, on 21.12.2012, registered a case in Crime No.3/2013 against the Sub-Registrar, Tavarekere and others, for the offences punishable under Ss.7, 8, 13(l)(d) read with S.13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act0- On 22.02.2013, Lokayukta Police conducted a raid upon the office of the petitioner and having searched the petitioner in person and the premises, found unaccounted money of ?60,000/- in all, which was seized under a panchanama. The petitioner was arrested and the bail application filed having been allowed by the District and Sessions Judge, Ramanagara, was released on bail, on fulfilling the c...

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Feb 26 2014

The Siruguppa Recreation and Free Reading Room Vs. the State of Karnat ...

Court: Karnataka Dharwad

Decided on: Feb-26-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 of the Constitution of India, Praying To Direct The Respondents Herein Not To Insist Upon The Petitioner To Secure License For Playing Skill Games Like Chess, Carrom And Rummy And Not To Insist To Comply With Government Order Dated: 12.09.2013, Issued By Respondent No.L (Vide Annexure:B) And May Further Be Pleased To Direct The Respondents To Not To Interfere With The Recreational Activities Carried By The Petitioner's Association.) 1. Petitioner is seeking for a direction to respondents not to insist upon the petitioner to obtain license for playing game of skill like chess, carrom and rummy conducted in the petitioner -- club for these activities. 2. Petitioner's claim to be Recreation Clubs wherein members of the Club are permitted to play games of recreation such as rummy, carrom, chess etc. It is their contention that when no unlawful activity is being carried on in the premises of the Clubs, respondents are insisting...

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Feb 26 2014

S.P. Vikram Vs. the Passport Officer

Court: Karnataka

Decided on: Feb-26-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 of the Constitution of India Praying To Direct The Respondent To Correct The Date Of Birth Of The Petitioner As 01.07.1989 In His Passport As Per Icse Marks Card Vide AnnexurE - 'A'. 1. The petitioner is before this Court seeking for issue of mandamus to direct the respondent to correct the date of birth of the petitioner as "01.07.1989" in the passport issued to the petitioner. 2. The petitioner has been issued with a passport and a copy of the same is produced at Annexure - 'B'. The date of birth of the petitioner is indicated as 14.02.1989. The petitioner contends that an error has crept in since the correct date of birth of the petitioner is "01.07.1989". The petitioner is relying on the statement of marks of the Council for the Indian School Certificate Examinations, New Delhi wherein the date of birth is indicated as "01.07.1989". A Birth Certificate is also relied on to the same effect. The petitioner, on having not...

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Feb 26 2014

K.B. Lokesh and Others Vs. the State of Karnataka Represented by Its P ...

Court: Karnataka

Decided on: Feb-26-2014

(Prayer: These Petitions Are Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Direct The Respondents To Pay The Revision Of Licence Fee To The Petitioners In Accordance With The Revision Of Licence Fee Made By The Government As Per The G.O, Dated 24.1.2005 And 12.8.2008 Vide Annexures-B and C Respectively And Direct The Respondents To Consider The Representations Of The Petitioners Dated 28.6.2011 And 10.09.2012 And Further Direct The Respondents To Assign The Correct Licence Fee Based On The Representations And To Pay The Scales Of Pay In View Of The Norms Fixed At Annexure-A.) (Prayer: These Petitions Are Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Direct The Respondents To Pay The Revision Of Licence Fee To The Petitioners In Accordance With The Revision Of Licence Fee Made By The Government As Per The Government Orders Dated 24.1.2005 And 12.8.2008 Vide Annexures-B and C Respectively And Direct The Respondents To Consider The ...

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Feb 26 2014

Whaddon Estate 'B' Vs. the Assistant Provident Fund and Others

Court: Karnataka

Decided on: Feb-26-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 of Constitution of India Praying To Call Fop. Records From The Respondents and Quash The (I) Order Dt. 4.7.2005 Vide Ann-A Issued By The R1 and (Ii) Order Dtd, 1.10.2010 Passed By The Employees Provident Fund Appellate Tribunal, New Delhi, The R2 In Appeal No. Ata 714(6) 05 Dt. 1.10.10 Vide Ann-F Notice Dt. 31.1.2011, Vide Ann-G Passed By The R3; Etc.) 1. Petitioner aggrieved by the order dated 4-7-2005, Annexure-A, of the Asst Provident Funds Commissioner determining damages of Rs. 12,24,368/- under Sec.l4-B and Rs. 1,19,157/- as interest under Sec.7Q of the Act, filed appeal registered as ATA 714(6)2005 before the EPF Appellate Tribunal, New Delhi, which when dismissed by order dated 1st October, 2010, Annexure- F, has presented this petition. 2. Learned counsel for the petitioner submits that this petition is restricted to one of challenge over determination of damages under Sec. 14-B of the Employees' Provident Funds a...

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