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Karnataka Court August 2014 Judgments

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Aug 11 2014

The Executive Engineer KPTCL and Another Vs. G.T. Ramareddy

Court: Karnataka

Decided on: Aug-11-2014

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 1.7.2013 passed in Misc.65/2012 vide Annexure-C on the file of the Addl.District and Sessions Judge, Chitradurga and etc.) 1. Order dated 01.07.2013 passed in Misc.No.65/2012 by the learned Additional District and Sessions Judge, Chitradurga, determining the compensation payable to the land owner - respondent herein for the damage sustained by him to the land and trees on account of 400 K.V. High Tension circuit electricity line drawn by the 1st petitioner - Karnataka Power Transmission Corporation Limited (for short, 'the KPTCL') is challenged in this writ petition by the KPTCL and its officials. 2. Facts leading to this case, stated in nutshell, are that the respondent is the owner of land bearing R.S.No.8/P1 situated at Bharamasagara Village, Challakere Taluk, Chitradurga District, measuring 8 acres 18 guntas. The KPTCL has drawn high tension electricity lin...


Aug 07 2014

State Of Karnataka, Represented By Its Commissioner Of Commercial Taxe ...

Court: Karnataka Dharwad

Decided on: Aug-07-2014

(Prayer: This Strp is filed U/Sec.65 of KVAT Act, 2003 read with section 153(1)(A) of the KVAT Rules, 2005, against the Order dated 04-01-2013 passed in STA No.134/2008 on the file of the Karnataka Appellate Tribunal, Bengaluru, allowing the appeal filed under the Provision of the Karnataka Value Added Tax Act, 2003 for the year 2005-06.) 1. This revision petition by the Revenue is filed invoking Section 65 of the Karnataka Value Added Tax Act, 2003 (for short 'KVAT Act, 2003'), read with Rule 153(1)(a) of the Karnataka Value Added Tax Rules, 2005 (for short 'KVAT Rules, 2005'), calling in question the order dated 4 t h January 2013 of the Karnataka Appellant Tribunal, Bangalore (for short 'KAT'), allowing S.T.A. No.134 of 2008 filed by the respondent/assessee in respect of the return for the assessment year 2005-06, under the KVAT Act, 2003. 2. Facts briefly stated are: (a) Respondent a registered partnership firm is a registered dealer under the provisions of the KVAT Act, 2003, enga...


Aug 07 2014

Karnataka Power Transmission Corporation Limited, By Its Managing and ...

Court: Karnataka

Decided on: Aug-07-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Quash The Order Dt.29.5.13, Passed In Misc.No.170/11, Vide Ann-B Of The Learned Addl. Dist. and Sessions Judge, Chitradurga.) 1. Order dated 29.05.2013 passed in Misc.No.170/2011 by the learned Additional District and Sessions Judge, Chitradurga, determining the compensation payable to the land owner - respondent herein for the damage sustained by him to the land and trees on account of 66 K.V. High Tension circuit electricity line drawn by the 1st petitioner - Karnataka Power Transmission Corporation Limited (for short, 'the KPTCL') is challenged in this writ petition by the KPTCL and its officials. 2. Facts leading to this case stated in nutshell are that the respondent is the owner of land bearing R.S.No.61 situated at Yelanadu Village, Hiriyur Taluk, Chitradurga District, measuring 1 acre 12 guntas. The KPTCL has drawn high tension electricity line over the land of the responden...


Aug 07 2014

G. Shambhavi Rao Vs. G. Jayalaxmi Rao and Others

Court: Karnataka

Decided on: Aug-07-2014

(Prayer: This RSA Is Filed Under Section 100 Order Xlii Rule 1 Of Cfc, Against The Judgment And Decree Dated 26.11.2009 Passed In R.A.No. 19/2002 On The File Of The I Additional District Judge, D.K., Mangalore, Partly Allowing The Appeal Against The Judgment And Decree Dated 25.02.2002 Passed In O.S.No.343/1986 On The File Of The Ii Addl. Civil Judge (Sr.Dn.), and C.J.M, Mangalore. This RSA Is Filed Under 100 Order Xlii Rule 1 Of CPC, Against The Judgment And Decree Dated 26.11.2009 Passed In R.A. No.3/2002 On The File Of The I Additional District Judge, D.K., Mangalore, Dismissing The Appeal Against The Judgment And Decree Dated 25.02.2002 Passed In O.S.No.343/1986 On The File Of The Ii Addl.Civil Judge (Sr.Dn.) and C.J.M, Mangalore.) 1. R.S.A.No.831/2010 is directed against the judgment and decree in R.A. No. 3/2002 dated 2G. 11.2009 on the file of the I Additional District Judge, D.K., Mangalore and R.S.A.No.832/2010 is directed against the judgment and decree in R.A.No. 19/2002 on ...


Aug 07 2014

National Insurance Co. Ltd. Vs. Sowmya and Another

Court: Karnataka

Decided on: Aug-07-2014

(Prayer: This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 06/01/2011 passed in MVC No.3884/2009 on the file of the XVI Additional Judge, Motor Accident Claims Tribunal, Bangalore City (SCCH-14), awarding a compensation of Rs.23,59,400/- with interest at 6% p.a. from the date of petition till realization.) 1. Though this appeal is posted for Admission, the same is taken up for final disposal, with the consent of the learned counsel appearing for both the parties. 2. This appeal by the Insurer is directed against the judgment and award dated 6th January 2011, passed in MVC No.3884/2009, by the XVI Additional Judge, Motor Accident Claims Tribunal, Bangalore City (SCCH-14), (for short, 'Tribunal'), seeking reduction of compensation, on the ground that, the compensation awarded by Tribunal on account of the death of deceased M.L. Meena Kumari, is excessive, exorbitant and disproportionate to the income of the deceased and hence, liable to be reduced substantially...


Aug 07 2014

State of Karnataka Vs. M/S c.r.gujar

Court: Karnataka Dharwad

Decided on: Aug-07-2014

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE07t h DAY OF AUGUST2014PRESENT THE HON'BLE MR. J USTICE RAM MOHAN REDDY THE HON'BLE MR. J USTICE B.MANOHAR AND SALES TAX REVISION PETITION No.1006 OF2013BETWEEN: STATE OF KARNATAKA, REPRESENTED BY ITS COMMISSIONER OF COMMERCIAL TAXES VANIJYA THERIGE KARYALAYA, GANDHINAGAR, BANGALORE-09. (BY SRI. C.S PATIL, GOVERNMENT ADVOCATE) ... PETITIONER AND: M/S C.R.GUJAR, ASHOK NAGAR, NIPPANI, BELGAUM DISTRICT. ... RESPONDENT (BY SRI. PRAMOD S YADAWAD & SRI. H.R KAMBIYAVAR, ADVOCATES) THIS STRP IS FILED U/SEC.65 OF KVAT ACT, 2003 READ WITH SECTION1531)(a) OF THE KVAT RULES, 2005, AGAINST THE ORDER DATED0401-2013 PASSED IN STA No.134/2008 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU, ALLOWING THE APPEAL FILED UNDER THE PROVISION OF THE :2. : KARNATAKA VALUE ADDED TAX ACT, 2003 FOR THE YEAR200506. This petition coming on for Admission this day, Ram Mohan Reddy, J.made the following: ORDER This revision petition by the R...


Aug 06 2014

The Executive Engineer KPTCL, Major and Another Vs. Doddakka

Court: Karnataka

Decided on: Aug-06-2014

(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Quash The Order Dt. 1.6.13, Passed In Misc.98/11, Vide Ann-A Of The Learned Addl. Dist. and Sessions Judge,Chitradurga And Etc.) 1. Order dated 01.06.2013 passed in Misc.No.98/2011 by the learned Additional District and Sessions Judge, Chitradurga, is challenged by the petitioners - authorities of the Karnataka Power Transmission Corporation Limited (for short, 'the KPTCL'). 2. Facts leading to the cose, stated in nutshell are that respondent is the owner of 5 acres 1 gunta of land bearing RS No. 156/1 situated at Babbur Village of Hiriyur Taluk in Chitradurga District. In order to transmit electricity, KPTCL has drawn 66/KV High Tension circuit line over the land of the respondent. During the course of drawing the circuit line, the authorities of the petitioner - Corporation have cut coconut trees standing in the said land. They have assessed compensation for the loss caused to the...


Aug 06 2014

H.R. Vishwanath Vs. Registrar General High Court Building and Others

Court: Karnataka

Decided on: Aug-06-2014

(Prayer: This Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Issue Writ Of Mandamus To The 1st Respondent- Registrar General Of The High Court Of Karnataka Not To Allow The 2nd Respondent For Making Any Arrangement For Celebration Of Hoisting Indian National Flag At The Premises Of The High Court Parallel To The Advocates' Association And Ensure Enough Solidarity, Unity And Integrity Of The Association By Stopping 2nd Respondent From Doing Irrelevant Imperious Act Which Leads To Imperil The 3rd Respondent - Association.) 1. This writ petition was filed asking for a mandamus against the Registrar General, High Court of Karnataka, not to allow Sri Ravivarma Kumar, Advocate General, High Court of Karnataka, 2nd respondent herein, hoisting Indian National Flag at the Office of Advocate General, High Court of Karnataka i.e., parallel to the Advocates' Association, Bangalore and to ensure enough solidarity, unity and integrity of the Advocates' Associat...


Aug 06 2014

h.r.vishwanath Vs. Registrar General

Court: Karnataka

Decided on: Aug-06-2014

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE6H DAY OF AUGUST, 2014 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.34427/2014 (GM-RES) BETWEEN: H.R.VISHWANATH S/O PATEL RUDREGOWDA, ADVOCATE, AGED ABOUT59YEARS, NO.92/10, 12TH "C" MAIN, 6TH BLOCK, RAJAJINAGAR, BANGALORE560010. ... PETITIONER (BY SRI H.R. VISHWANATH, PARTY-IN-PERSON) AND:1. REGISTRAR GENERAL HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BANGALORE 560 001. SRI RAVIVARMA KUMAR ADVOCATE GENERAL, HIGH COURT OF KARNATAKA, BANGALORE560001.2.3. 2 SUBBA REDDY, PRESIDENT, ADVOCATE ASSOCIATION, BANGALORE 560 001. (BY SRI SHASHIDHAR S. KARMADI, HCGP FOR R1 & R2) ... RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO THE1T RESPONDENT- REGISTRAR GENERAL OF THE HIGH COURT OF KARNATAKA NOT TO ALLOW THE2D RESPONDENT FOR CELEBRATION OF HOISTING INDIAN NATIONAL FLAG AT THE PREMISES OF THE HIGH COURT PARALLEL TO THE ADVOCAT...


Aug 06 2014

The Executive Engineer Vs. Doddakka

Court: Karnataka

Decided on: Aug-06-2014

1 WP.39979/2013 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE6H DAY OF AUGUST, 2014 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.No.39979/2013 (GM-KEB) BETWEEN1 THE EXECUTIVE ENGINEER KPTCL, MAJOR, WORKS DIVISION, KSRTC DEPOT ROAD, CHITRADURGA2 ASSISTANT EXECUTIVE ENGINEER MAJOR WORKS SUB-DIVISION, KPTCL (BESCOM) KSRTC DEPOT ROAD, CHITRADURGA. ... PETITIONERS (By Sri.B RUDRAGOWDA, ADV.) AND DODDAKKA W/O LATE RANGAPPA AGED ABOUT62YEARS AGRICULTURIST BABBU, HIRIYUR TALUK CHITRADURGA DISTRICT. ... RESPONDENT (By Sri.SPOORTHY HEGDE NAGARAJA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.1.6.13, PASSED IN MISC.98/11, VIDE ANN-A OF THE LEARNED ADDL. DIST. & SESSIONS JUDGE,CHITRADURGA AND ETC. 2 WP.39979/2013 THIS PETITION COMING ON FOR DICTATING ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER1 Order dated 01.06.2013 passed in Misc.No.98/2011 by the learned Additional District & Sessions Judge, Chitradurga...


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