Karnataka Court July 2014 Judgments
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Moin Basha Kurnooli and Others Vs. The State of Karnataka, Represented ...
Court: Karnataka Dharwad
Decided on: Jul-25-2014
(Prayer: This Criminal Petition is filed Under Section 482 Of Cr.P.C. praying this Hon'ble Court be pleased to set aside the Order Dated 12.04.2010 the stage Registering the Criminal Case and also Order Summoning the petitioner before the court in the instant case for the alleged offence punishable under Section 78(3) of Karnataka Police Act, 1963 in C.C. No. 365/2010 on the file Of II Additional Civil Judge (Jr. Dvn.) and J.M.F.C., Bellary and to Quash the criminal proceedings instituted against the petitioner. This Criminal Petition is filed Under Section 482 Of Cr.P.C. seeking to quash the FIR Dated 30.12.2011 Registered in Cr.No.378/2011 by the cowl bazar police station, bellary and subsequent criminal proceedings in C.C.No.259/2012 on the file of the II-Addl. Civil Judge and Jmfc Court, Bellary, against the petitioner.) 1. All the above said 43 Criminal Petitions are clubbed and taken up together for the purpose of convenience and to avoid repetition of facts and legal implication...
Commissioner of Income-tax, Central Circle Vs. Jayesh S. Mehta
Court: Karnataka
Decided on: Jul-25-2014
N. Kumar, J. 1. These two appeals are preferred by the Revenue challenging the order dated 17-12-2007 passed by the Income Tax Appellate Tribunal, Bangalore Bench 'B' (hereinafter referred to as 'the Tribunal' for short) wherein the Tribunal held that it is reasonable to estimate the gross profit in the range of 2% taking the average of subsequent three years. 2. The assessees are Jayesh S Mehta and Shanthilal O Mehta. Sri.Jayesh S Mehta is in individual and M/s.Shanthilal O Mehta is a partnership firm doing the business of sale of Copra and Coconuts. In the course of search, certain bank accounts were found. Sri.Jayesh Mehta admitted in course of search that the amounts deposited in those bank accounts represented the part of sale proceeds that was not offered to tax in the returns of income filed by him and the firm M/s.Shanthilal O Mehta. Further in the course of search itself, Sri.Jayesh Mehta offered Rs.62,27,305/- as undisclosed income earned from unaccounted trade in Copra. He a...
Hussainappa and Others Vs. The State of Karnataka
Court: Karnataka Gulbarga
Decided on: Jul-25-2014
(Prayer: This Criminal Appeal is filed under Section 374 (2) of the Code of Criminal Procedure, 1973 praying to set aside the judgment of conviction and order of sentence passed by the Learned Fast Track Court-III at Gulbarga in S.C. No.283/2005 dated 28.06.2007, which is at Annexure (A, in view of the reasons as stated above in the interest of justice and equity.) 1. We have heard the learned counsel for the appellants and the learned Additional State Public Prosecutor and have perused the record. 2. It was the case of the prosecution that on the intervening night of 5th and 6th August 2005, the Complainant,Channabasappa, of Najirapura, Yadgir taluk, Gulbarga District and his grandson had camped on their field to water their paddy crop during the night. The complainant's wife, Maliamma, was said to be alone at home. It is said that the accused, the appellants herein, with a common intention to commit theft, had trespassed in to the house of the complainant, and after having gained ent...
Commissioner of Income-tax, Bangalore Vs. Relq Software (P.) Ltd.
Court: Karnataka
Decided on: Jul-25-2014
N. Kumar, J. 1. This appeal is directed against the order dated 16-05-2008 passed by the Income Tax Appellate Tribunal, Bangalore Bench 'A' (hereinafter referred to as 'the Tribunal' for short) in ITA No.767(Bang)/2007 wherein the Tribunal has partly allowed the appeal filed by the assessee. 2. The appeal was admitted to consider the following substantial questions of law: "1. Whether the Tribunal was correct in holding that carried forward business loss are unabsorbed deprecation of non STPI units cannot be set off against income of the STRI unit for the purpose of computation of deduction u/s. 10A of the Act? 2. Whether the Tribunal was correct in holding that the amount of Rs.4,86,63,187/- paid to engineers on site for technical services should be added to the export turnover when computing deduction u/s. 10A of the Act? 3. Whether the Tribunal was correct in holding that a sum of Rs. 17,73,906/- communication charges incurred for technical services rendered was directed to be added...
Moin Basha Kurnooli Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Jul-25-2014
R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE25h TH DAY OF JULY, 2014 BEFORE: THE HONBLE MR. JUSTICE K.N. PHANEENDRA CRL. P. No.100319/2014 C/W. CRL. P. No.100326/2014, CRL. P. No.100335/2014, CRL. P. No.100336/2014, CRL. P. No.100353/2014, CRL. P. No.100357/2014, CRL. P. No.100358/2014, CRL. P. No.100377/2014, CRL. P. No.100380/2014, CRL. P. No.100404/2014, CRL. P. No.100405/2014, CRL. P. No.100423/2014, CRL. P. No.100454/2014, CRL. P. No.100480/2014, CRL. P. No.100481/2014, CRL. P. No.100482/2014, CRL. P. No.100483/2014, CRL. P. No.100484/2014, CRL. P. No.100485/2014, CRL. P. No.100500/2014, CRL. P. No.100507/2014, CRL. P. No.100510/2014, CRL. P. No.100511/2014, CRL. P. No.100530/2014, CRL. P. No.100531/2014, CRL. P. No.100532/2014, CRL. P. No.100533/2014, CRL. P. No.100536/2014, CRL. P. No.100567/2014, CRL. P. No.100568/2014, CRL. P. No.100443/2014, CRL. P. No.100444/2014, CRL. P. No.100445/2014, CRL. P. No.100446/2014, CRL. P. No.100447/2014, CRL. P. No.100448/2014...
B.R. Neelakantappa Vs. G.H. Srinivasa and Another
Court: Karnataka
Decided on: Jul-24-2014
(Prayer: This Election Petition Presented U/S 81 Of The Representation Of People Act, 1951 R/W Rule 4 Of The Election Procedure Rules, Karnataka 1967 By One Sri B R Neelakantappa, Petitioner Candidate Challenging The Election Of The Respondent Nos.1 and 2 To The Karnataka Legislature From No.126, Tarikere Legislative Assembly Constituency, General Elections Held In The Year 2013 And Etc. I.A. No. 1/2013 Is Filed Under Order Vii Rule 11(A) Cpc Read With Section 151 Of Cpc, 1908 By Respondent No. 1 With A Prayer To Reject The Election Petition. I.A. No. 4/2013 Is Filed Under Order Vii Rule 11(A) Cpc Read With Section 151 Of Cpc, 1908 By Respondent No. 1 With A Prayer To Reject The Election Petition. I.A. No. 1/2014 Is Filed Under Order Vi Rule 16 Cpc Read With Section 151 Of Cpc, 1908, By Respondent No. 1 With A Prayer To Reject The Election Petition.) The petitioner who has secured 415 votes in the 126-Tarikere Legislative Assembly Constituency which consists of 1,59,863 electors of whi...
M/s. Shyamaraju and Company (India) Pvt. Ltd. Vs. The Managing Directo ...
Court: Karnataka Dharwad
Decided on: Jul-24-2014
(Prayer: This Writ Petition is filed under Article 226 r/w 227 of the Constitution of India, praying to quash the order dated 13.8.2013 passed on I.A-3 in O S No. 130/2013 on the file of Addl. Civil Judge and JMFC, Hungund, at Annexure-K.) 1. The petitioner, who is plaintiff in OS No 130/2013 on the file of Civil Judge at Hungund, is before this Court, challenging the order dated 13.8.2013 passed on I.A-III filed in the above said Suit, at Annexure-K. 2. Brief facts of the case leading to the filing of the Writ Petition may be stated as under: The petitioner/plaintiff has filed a suit against the respondents for the following reliefs: (i) to declare that the termination of contract by order dated 26.04.2012 is null and void and not binding on the plaintiff and direct the 3rd defendant to return the amount encashed for mobilization advance bank guarantee and performance guarantees on submission of fresh Bank guarantees; (ii) to issue an order of mandatory injunction directing the def...
The Union Of India, Represented By Its General Manager and Others Vs. ...
Court: Karnataka Dharwad
Decided on: Jul-23-2014
(Prayer: This Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order Dated:31/01/2013 Passed In O.A.No.856/2012 On The File Of The Central Administrative Tribunal Bangalore Bench, Bangalore (Produced Vide Annexure-A) And Etc.,) 1. This writ petition is directed against the order dated 31.01.2013 made in O.A.No.856/2012 on the file of Central Administrative Tribunal at Bangalore. 2. Learned counsel for the petitioners/South Western Railways submits that as the respondent has scored below 60%, he was not eligible for empanelment and selection to the post 'Staff and Welfare Inspector Grade-III', but the Central Administrative Tribunal erred in holding that the respondent is entitled for 4 marks and he is entitled for selection to the post of 'Staff and Welfare Inspector Grade- III'. 3. Learned counsel for the respondent submits that there is an error in totaling the marks; and also entitled for awarding marks on account of wrong/ambiguous ques...
Mallikarjun and Another Vs. The State of Karnataka by its Additional S ...
Court: Karnataka Gulbarga
Decided on: Jul-23-2014
(Prayer: This Writ Petition is filed Under Articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari, quashing the order dated 01.03.2014 in (Language) and the order dated 11.04.2014 bearing No.H.D.141 SST 2014 passed by the 2nd and 1st respondent respectively, produced as Annexures-A and E respectively and set free Teek Raj from illegal detention at Raichur District Prison immediately.) 1. Parents of Teek Raj have filed this petition seeking a writ of habeas corpus alleging that on false allegations, due to political rivalry and also on account of instigation of persons who were inimical to their son, Teek Raj has been illegally detained by the respondents. 2. The Deputy Commissioner and District Magistrate, Raichur, has passed the detention order dated 01.03.2014 exercising his power under the provisions of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug- offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slub...
M/s. Rajeshwari Metallurgicals Pvt. Ltd. Vs. Indian Bank
Court: Karnataka
Decided on: Jul-23-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution Of India Praying To Set Aside The Order Dtd. 12.9.2013 In R.A. No.44/2009 (Annex-W) Passed By The Debt Recovery Appellate Tribunal At Chennai And Allow The Said Appeal.) 1. In these writ petitions, the petitioners are challenging the order dtd. 12.09.2013 (Annexure-W) passed by the Debts Recovery Appellate Tribunal, Chennai (the DRAT), dismissing their appeal in R.A.No.44/2009 by confirming the order dtd. 17.08.2007 (Annexure-U) of the Debts Recovery Tribunal, Bangalore (the DRT) in the application in O.A.No.393/2002. 2. The DRT by its order dtd. 17.08.2007 (Annexure-U) allowed the Application of the respondent-Bank in O.A. No.393/2002 by directing the petitioners herein to pay jointly and severally Rs.1,31,14,131/- (One crore thirtyone lakhs fourteen thousand one hundred thirtyone) with interest thereon at 16% p.a. with quarterly rests from the date of the application till the date of payment. Being...
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