Karnataka Court September 2014 Judgments
H. Basha Vs. The State
Court: Karnataka
Decided on: Sep-22-2014
(Prayer: This Crl.P Is Filed U/S.439 Cr.P.C By The Advocate For The Petitioner Praying That This Hon'ble Court May Be Pleased To Release The Petitioner On Bail In Crime No.37/14 Of Harapanahalli Police Station, Davanagere District For The Offence P/U/Sec 304(B) R/W 34 Of Ipc. The I Addl.District And Sj, Davanagere Has Dismissed The Bail Application In Crl.Misc.No.316/2014 On 1.4.2014.) 1. This is a petition filed by the petitioners - accused No.1 under Section 439 of Cr.P.C. seeking their release on bail of the offence punishable under Section 498A, 304B read with Sec. 34 of IPC, registered in the respondent - Police Station Crime No.37/2014. 2. Heard the arguments of the learned counsel appearing for the petitioner - accused No.1 and the learned Government Pleader for the respondent-State. 3. The learned counsel for the petitioner during the course of arguments submitted that looking to the averments made in the complaint there is mention that the petitioner and his mother told the Co...
Tag this Judgment!Doddegowda Since deceased by L.Rs. and Another Vs. The Deputy Commissi ...
Court: Karnataka
Decided on: Sep-22-2014
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dt.28.7.2014 passed by the R1 in case No.SC/ST 4/2011-12 vide Annexure- E and etc.) 1. Petitioners are calling in question the order dated 28.07.2014 passed by the Deputy Commissioner - respondent No.1 herein dismissing the appeal filed under Section 5-A of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, the Act) thereby confirming the order dated 10.06.2011 passed by the Assistant Commissioner, Shimoga Sub Division, Shimoga, directing resumption and restoration of land in favour of the grantee. Impugned orders are produced at Annexures-E and F. 2. Lease in respect of land bearing Sy.Wo.39/20 measuring 2 acres situated at Balemaranahalli Village, Ehadravathi Taluk, Shimoga District was granted in favour of the husband of the 3rd respondent by name Thimmabhovi temporarily for a period of five years on...
Tag this Judgment!Sri Doddegowda Vs. The Deputy Commissioner
Court: Karnataka
Decided on: Sep-22-2014
1 WP.39015/2014 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE22D DAY OF SEPTEMBER, 2014 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.No.39015/2014 (SC/ST) BETWEEN: Smt.Gangamma w/o late Doddegowda aged about 68 years Varadaraj s/o late Doddegowda aged about 50 years Doddegowda Since deceased by L.Rs.1. 2.3. 4.5. Gopala Krishna s/o late Doddegowda aged about 43 years Somashekar s/o late Doddegowda aged about 38 years Smt.Lakkamma w/o late Lakkegowda aged about 62 years (By Sri S.V.Prakash, Adv.) All are agriculturist and r/o Sultanmatti, Doddagoppenahalli village, Bhadravathi Taluk Shimoga District. PETITIONERS2WP.39015/2014 AND:1. The Deputy Commissioner Shimoga District, Shimoga.2. The Assistant Commissioner Shimoga Sub-Division Shimoga 3. Smt.Giddamma w/o late Thimmabhovi aged about 71 years r/o Balemaranahalli D.J.Halli Post Bhadravathi Taluk, Shimoga District. RESPONDENTS (By Sri D.Aswathappa, AGA for R1, 2, Sri P.N.Harish, Adv. for C/R3 ) This writ petition is filed ...
Tag this Judgment!M/s.Coromandel Sugars Ltd. Vs. The State of Karnataka and Others
Court: Karnataka
Decided on: Sep-19-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Call For Records And Quash Order Under Sec.12-A And 12-A (1-A) Of The Karnataka Sales Tax Act, 1957 Dt.5.8.2014 Vide Annx-A To The Writ Petition.) H.G. Ramesh, J. Oral Order: 1. Whether Cess is a tax? Cess means a tax, The word 'cess' is generally used when the levy is allocated for a particular purpose as the name of the cess indicates; For eg. health cess, education cess, road cess etc. 2. In this writ petition, the petitioner is challenging the order dated 05.08.2014 passed under Section 12-A of the Karnataka Sales Tax Act, 1957 ('the Act') levying road cess u/s 25-B(2), interest u/s 12B and penalty u/s 12A(1-A) of the Act. 3. I have heard the Counsel for the parties and perused the impugned order. The sole contention urged by the petitioner's counsel is that the impugned order is contrary to the exemption notification dated 20.03.2008 issued u/s 8A of the Act, wherein the Governm...
Tag this Judgment!B. Madesh Vs. The State of Karnataka, Represented By Its Principal Sec ...
Court: Karnataka
Decided on: Sep-19-2014
(Prayer: This Petition Is Filed Under Article 226 And 227 Of The Constitution Of The India Praying To Quash The Order Dated 10.9.2014 Passed By The Hon'ble Tribunal In Application In 7337/2014 Dated 10.9.2014 Vide Ann-E And Set Aside The Said Impugned Order And Also Direct The R-1 And R-2 To Allow The Petitioner To Continue In The Present Place Of Work As Deputy Commissioner Of Excise, Bangalore [West] With All Cosnequential Benefits Arising Thereto And Etc.) 1. Interim order dated 10.9.2014 passed by the Karnataka Administrative Tribunal, Bangalore (for short "KAT") in Application No.7337/2014 is called in question before this Court under Articles 226 and 227 of the Constitution of India. 2. The facts leading to filing of the application before the KAT under Section 19 of the Administrative Tribunals Act 1985 on 2.9.2014 are as follows: The writ petitioner was appointed as Deputy Superintendent of Excise and joined service on 4.5.2006. It is the case of the petitioner that later he wa...
Tag this Judgment!Srinivasa Minerals Trading Company Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Sep-19-2014
(Prayer: This Writ Petition filed under Articles-226 and 227 of the Constitution of India, to direct the Respondents to release the minerals, seized from stack yard of the petitioner under bills dated 02/04/2008 and 02/05/2008 as per Annexures-A and B which were permitted to be transported under permit dated 20/03/2008, 31/3/2008 and 24/04/2008 (Annexures- F1 to F3), subject to petitioner furnishing bank guarantee to the satisfaction of the 2nd respondent, for the value of the ore, which petitioner has sought to lift, under his representation dated. 26/09/2008 as per Annexure-H subject to such other conditions as may be deemed just and proper.) Cav Judgment: 1. The petitioner herein is a partner in the firm styled as Srinivasa Minerals Trading Company and has invoked Articles 226 and 227 for the prayer couched in the following terms: "(a) Issue a writ of mandamus or such other writ, directing respondents to release the minerals, seized from stack yard of the petitioner, which have been...
Tag this Judgment!C.S. Ramanath and Another Vs. State Of Karnataka Rep By The Secretary ...
Court: Karnataka
Decided on: Sep-19-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution Of India, Praying To Quash The Impugned Order Passed By The R-1 At Ann-L Dated 31.12.2013 And Etc.) 1. Petitioners are the retired employees of State Bank of Mysore. They were members of the State Bank of Mysore Employees Credit Co-operative Society - 3rd respondent herein. In these writ petitions, they are aggrieved by the order dated 4.11 2011 passed by the Registrar of Co-operative Societies according approval to the amendment of bye-law No.9(b), confirmed in appeal vide order dated 31.12.2013 passed by the 1st respondent while dismissing the appeal filed under Section 106 of the Karnataka Co-operative Societies Act (for short the Act'). 2. 3rd respondent - Society has been established for the purpose of extending to its members facilities for investment in savings from their income, affording credit facilities to the members and for carrying on such other objectives as are calculated to improve t...
Tag this Judgment!V.A. Chinnappa and Others Vs. Chinnappa and Others
Court: Karnataka
Decided on: Sep-19-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Order Dated 8.11.2010 At Annexure-C Passed By The 2nd Respondent Consequential Mutation At Annexure-C1 Effected By The Third Respondent Dated 1.2.2013 At Annexure-L, Passed By The 4th Respondent.) 1. Challenge in this Writ Petition is to the Order dated 01/02/2013 passed by the Deputy Commissioner, Davanagere District, dismissing the appeal filed by the petitioners under Section 5(A) of Karnataka SC and ST (Prohibition of Transfer of Certain Lands) Act, 1979, against the Order dated 08/11/2010 passed by the Assistant Commissioner. 2. The dispute pertains to 4 acres of land bearing Sy.No.32/9 situated in Nilogal Village, Channagiri Taluk of Davanagere District. Petitioner No.1 and respondent No.1 are closely related. The first respondent moved the Assistant Commissioner seeking cancellation of the alienation and for restoration of the land alleging that the land was sold in...
Tag this Judgment!J. Giri Vs. The State of Karnataka, Represented by its Principal Secre ...
Court: Karnataka
Decided on: Sep-19-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Quash The Order Of The Karnataka Administrative Tribunal Dt.10.9.14, As Per Ann-F. And To Direct The Respondents To Maintain Status Quo As On 10.9.14, Till The Disposal Of The Application No.7354/14 [S-Kat] And Etc.) 1. Interim order passed on10.09.2014 in Application No.7354/2014 by the Karnataka Administrative Tribunal, Bangalore has been called in question by the petitioner under Articles 226 and 227 of the Constitution of India before this Court. 2. On an application filed by Sri T.R.Jayasimha, the second respondent herein, the order of posting this petitioner vide order dated 01.09.2014 as Deputy Commissioner of Excise, Bangalore North, has been stayed and further order has been passed permitting Mr.Jayasimha the second respondent herein to be continued as Deputy Commissioner of Excise, Bangalore North. It is also made clear that if Sri Jayasimha has assumed charge of that post,...
Tag this Judgment!T. Jamuna and Others Vs. Thasildhar and Others
Court: Karnataka
Decided on: Sep-19-2014
(Prayer: These Writ Petitions Are Filed Under Articles 226 and 227 Of The Constitution Of India Praying To Quash The Order Dated 10.7.14 Passed By Respondent No.1 As Against The Petitioners, The Same Bearing NCR. Cr.47/2013-14, The Above Mentioned Order Is Herewith Produced As Annexure-E And Etc.) 1. These writ petitions are directed against the order of eviction dated 30.07.2014 (Annexure-E) passed by the Tahsildar, Bangalore South Taluk, insofar as it relates to the petitioners. 2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondents. 3. Learned counsel for the petitioners submits that several documents were submitted before the Tahsildar in support of the petitioners' claim but none of the said documents have been considered. The objections filed by the petitioners have also not been considered. Therefore, he contends that the order of eviction which is impugned in these writ petitions is unsustain...
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