Karnataka Court August 2014 Judgments
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K. Subramanyam Sastry Vs. The Union Of India and Others
Court: Karnataka
Decided on: Aug-05-2014
(Prayer: This Writ Petition Is Filed Under Article 226 Of The Constituion Of India Praying To Direct Respondent No.2 To Register Regular Case/First Information Report Against The Offender M/S. Beml Ltd., Vrs. Natarajan, M/S.Champion Textiles Limited, Board Of Directors And Shareholders Of M/S.Champion Textiles Ltd., Bangalore and Etc.,) D.H.Waghela, CJ Oral Order: 1. This petition is filed as a public interest litigation with a prayer to direct respondent No.2 to probe into the illegally exported iron-ore in collusion with mining mafia to the tune of Rs.118 crores by one Mr.V.R.S.Natarajan, CMD of M/s.BEML Limited, Bangalore and others, in the financial year 2007-2008, through M/s.BEML Limited, Bangalore, without any authority under law and valid legal papers. It is further stated in the petition itself that the petitioner is a shareholder of M/s.BEML Limited, incorporated under the Companies Act, 1956 and the Hon'ble President of India holding more than 54% of equity shares of that Co...
Mr. K Subramanyam Sastry Vs. The Union of India
Court: Karnataka
Decided on: Aug-05-2014
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE5H DAY OF AUGUST2014PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE R AND THE HON'BLE MR.JUSTICE ASHOK B. HINCHIGERI WRIT PETITION NO.33756/2011 (GM-RES-PIL) BETWEEN MR. K. SUBRAMANYAM SASTRY, S/O SHRI K. PATINJALI SASTRY, AGED ABOUT33YEARS, R/AT NO.45/1/146, K.P.ROAD, ONGALE-523001, PRAKASAM DISTRICT-AP, CAMP AT: BANGALORE. ... PETITIONER (BY SRI K S PERIYA SWAMY, ADV., FOR M/S.SOCIO LEGAL CLINIC, ADVS.,) AND1 THE UNION OF INDIA, THROUGH ITS SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, NORTH BLOCK NEW DELHI-110001.2. THE CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, NO.36, BELLARY ROAD, GANGANAGAR BANGALORE-560032. REP BY ITS DEPUTY INSPECTOR GENERAL OF POLICE & HEAD OF BRANCH CBI-ACB SAMPANGI RAM NAGAR, BANGALORE 560 027 REP BY ITS: PAID CHAIRMAN & MANAGING DIRECTOR VRS. NATARAJAN. [PAID: CHAIRMAN & MANAGING DIRECTOR]. M/S. BEML LIMITED, SAMPANGI RAM NAGAR, BANGALORE 560 027. 2 [PAID: DIREC...
Amsoft Information Services (India) (P.) Ltd. Vs. Deputy Commissioner ...
Court: Karnataka
Decided on: Aug-04-2014
N. Kumar, J. 1. This appeal is preferred by the assessee challenging the order passed by the Tribunal. 2. The appeal was admitted on 10.07.2008, to consider the following substantial questions of law: "(1) Whether the power of the Commissioner of Income Tax Appeals to enhance encompasses on an issue which does not arise of the proceedings of the order and which power is in the domain of the Commissioner of Income Tax administration under section 263 of the Income Tax Act, 1961 ? (2) Whether the Tribunal was justified in confirming the order of the first appellate authority in holding that the delivery of software has to be reduced for the purpose of export turnover in terms of explanation 2(iv) of section 10A (8) of the Income Tax Act, 1961 ?" 3. Learned Counsel for the parties submits that one more substantial question of law arise for consideration is as under: "Whether under Section 10A of the Income Tax Act, the amount of communication expenses relating to delivery of software shou...
A.R. Education Trust, Mysore Vs. State Of Karnataka and Others
Court: Karnataka
Decided on: Aug-02-2014
(Prayer: This Writ Petition Is Filed Under Article 226 Of The Constitution Of India With A Prayer To Declare That The Action Of The Respondents Of The Right Of Children To Free and Compulsory Education Act 2009 On The Boarding School Established and Run By The Petitioner I.E., Mysore Public School, Heggada Devana Kote Road, Mysore As Without Jurisdiction Of The True Copy Of The Same Is Produced and Marked As Ann-H And Etc.) 1. Petitioner is before this Court seeking for a declaration that the action of the respondents to enforce the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (`the RTE Act' for short) on Boarding school established and run by the petitioner, namely, Mysore Public School, Heggada Devana Kote Road, Mysore is without jurisdiction. The petitioner is also seeking that the respondents be restrained from enforcing the provisions of the RTE Act against the petitioner school. 2. Petitioner contends that it is a trust and is running a residenti...
Raghavan and Another Vs. State Of Karnataka and Others
Court: Karnataka
Decided on: Aug-02-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Impugned Order Dt.12.4.2013 Issued By R-2 Whereby The Agricultural Lands Of The Petitioner Have Been Sought To Be Acquired For The Purpose Of Forming Wet-Well And Water Purification System, Vide Annx-A. This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash Notification Dtd. 12.4.2013 Issued By The R-2 Whereby The Agricultural Lands Belonging To Petitioner Sought To Be Acquired For The Purpose Of Forming Drainage And Water Purification System Within The Jurisdiction Of Ullala Town Municipality Vide Annx-A.) 1. The petitioners in both these petitions are before this Court assailing the notification dated 12.04.2013 issued by the second respondent. The petitioners are also seeking that the respondents be directed to drop the acquisition proceedings in respect of the land belonging to the petitioners. 2. The petitioner in W.P.No.59...
M/s National Insurance Company Limited, Through its Divisional Manager ...
Court: Karnataka Gulbarga
Decided on: Aug-02-2014
(Prayer: This Miscellaneous First Appeal is filed under Section 173 (1) of Motor Vehicles Act, 1988 against the Judgement and Award dated 24.01.2009 passed in MVC No. 336/2008 on the file of the II Additional Civil Judge (Senior Division) and Motor Accident Claims Tribunal, Gulbarga, awarding compensation of Rs. 5,11,000/- with interest at 6% p.a.) 1. The appellant is an insurance company, which has been saddled with the liability to pay compensation in favour of the legal representatives of a deceased victim cf a motor accident. The deceased was said to be driving a mini lorry and the vehicle insured by the appellant was said to be a TATA tempo 407, which was treated as the offending vehicle and the driver of which was said to be responsible for the accident. The claim petition was said to nave been resisted by the appellant, inter- alia, on the ground that ihe driver of the insured vehicle did not possess a valid driving licence at the time of the accident and therefore, as that was ...
A.R. Education Trust, Mysore Vs. State Of Karnataka and Others
Court: Karnataka
Decided on: Aug-02-2014
(Prayer: This Writ Petition Is Filed Under Article 226 Of The Constitution Of India With A Prayer To Declare That The Action Of The Respondents Of The Right Of Children To Free and Compulsory Education Act 2009 On The Boarding School Established and Run By The Petitioner I.E., Mysore Public School, Heggada Devana Kote Road, Mysore As Without Jurisdiction Of The True Copy Of The Same Is Produced and Marked As Ann-H And Etc.) 1. Petitioner is before this Court seeking for a declaration that the action of the respondents to enforce the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (`the RTE Act' for short) on Boarding school established and run by the petitioner, namely, Mysore Public School, Heggada Devana Kote Road, Mysore is without jurisdiction. The petitioner is also seeking that the respondents be restrained from enforcing the provisions of the RTE Act against the petitioner school. 2. Petitioner contends that it is a trust and is running a residenti...
Dr. L. Rajeshwari Vs. The Director Employees' State Insurance Corporat ...
Court: Karnataka
Decided on: Aug-02-2014
(Prayer: This Wp Filed Under Articles 226 and 227 Of Constitution Of India Praying To Call For The Records Pertaining To The Selection Process Relating To The Post Of Professor In Dentistry Pursuant To The Advertisement Dated 12.12.2012 And Corrigendum Dated 27.12.2012 And Etc.,) 1. The case of the petitioner is that the respondent - ESI Corporation issued an advertisement on 12.12.2012 for recruitment of teaching faculty for ESIC PGIMSR and Medical College, Rajajinagar, Bangalore for the post of Professor, Associate Professor and Assistant Professor on regular basis by direct recruitment. The applications were invited through Online. The number of posts advertised were 10 for Professor, 6 for Associate Professor and 24 for Assistant Professor. For the post of Professor, out of 10 posts, 8 posts were unreserved, nil for SC, 1 post for ST, 1 post for OBC. Sofar as the post of ST is concerned, the same is shown as backlog vacancy. With a partial modification of the advertisement, the num...
G. Manjunath and Another Vs. The Secretary, Karnataka Golf Association ...
Court: Karnataka
Decided on: Aug-02-2014
(Prayer: This W.P. Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Impugned Order Passed By The R3, In Case No.Ina.Rp.1/06-07 Dt.21.1.12, Vide Ann- F, and Consequently Hold The Petition, Pending Before The R3 As Not Maintanable.) 1. This writ petition raises a short but interesting question regarding the maintainability of a revision petition before the Regional Commissioner under Section 27A of the Karnataka (Personal and Miscellaneous) Inams Abolition Act, 1954 (hereinafter, referred to as "the Act": for the sake of brevity). 2. The petitioners have assailed order dated 21/01/2013 in Case No.INA.RP.01/2006-07 (Annexure "F") passed by the third respondent - Regional Commissioner, Bangalore Division, Bangalore. By that order, the Regional Commissioner has held that the revision filed under Section 27A of the Act, is maintainable. Thus, the bone of contention between the parties in this writ petition is with regard to the maintainability of the revi...
Puttalingamma and Another Vs. The State Of Karnataka and Others
Court: Karnataka
Decided on: Aug-02-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India With A Prayer To Quash The General Award Dated 20.12.2013 Passed By The Respondent Under Section 11 Of The Land Acquisition Act, 1894 Which Is Produced At Annexure C And Etc.) 1. The petitioner is before this Court assailing the general award dated 20.12.2013 impugned at Annexure-C to the petition. The petitioner is also seeking for issue of directions to the respondents to consider the case of the petitioner in terms of Section 29(2) of the Karnataka Industrial Area Development Board Act (for short, KIADB Act), and pass appropriate consent award. 2. This petition lies in a narrow compass, only on the issue relating to the payment of compensation to the petitioner and the acquisition perse is not under challenge. The details of the lands acquired from the petitioner in Bahujanahalli Village, Kora Hobli, Tumkur District, is also not in dispute. 3. The case of the petitioner is that since there w...
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