Karnataka Court September 2014 Judgments
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M/S Shanthi Fortune(india) Ltd Vs. M/S Mukka Sea Foods Industries
Court: Karnataka
Decided on: Sep-10-2014
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE10H DAY OF SEPTEMBER, 2014 BEFORE THE HONBLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL REVISION PETITION No.231 OF2014CONNECTED WITH CRIMINAL REVISION PETITION No.232 OF2014CRIMINAL REVISION PETITION No.233 OF2014CRIMINAL REVISION PETITION No.234 OF2014CRIMINAL REVISION PETITION No.235 OF2014CRIMINAL REVISION PETITION No.236 OF2014CRIMINAL REVISION PETITION No.237 OF2014CRIMINAL REVISION PETITION No.238 OF2014CRIMINAL REVISION PETITION No.239 OF2014CRIMINAL REVISION PETITION No.240 OF2014CRIMINAL REVISION PETITION No.241 OF2014CRIMINAL REVISION PETITION No.242 OF20142 CRIMINAL REVISION PETITION No.243 OF2014CRIMINAL REVISION PETITION No.244 OF2014CRIMINAL REVISION PETITION No.245 OF2014CRIMINAL REVISION PETITION No.246 OF2014CRIMINAL REVISION PETITION No.247 OF2014CRIMINAL REVISION PETITION No.248 OF2014BETWEEN: Limited, a Private Limited Company, Represented by its Managing Director, R.Krishnamurthy, Address: Office at 38, Trichy...
The State of Karnataka Vs. Smt T Jayamma
Court: Karnataka
Decided on: Sep-10-2014
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE10H DAY OF SEPTEMBER2014R PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE ASHOK B. HINCHIGERI WRIT APPEAL NO.2292/2014 (GM-RES) BETWEEN1THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001 2.THE SECRETARY TO GOVERNMENT DEPARTMENT OF KANNADA AND CULTURE VIDHANA SOUDHA, BANGALORE-560 001 3.THE UNDER SECRETARY TO GOVERNMENT DEPARTMENT OF KANNADA AND CULTURE (ADMINISTRATIVE AND KANNADA SECTION) VIDHANA SOUDHA, BANGALORE-560 001 4.THE DIRECTOR OFFICE OF DIRECTORATE OF ARCHEOLOGY KARNATAKA EXHIBITION GROUND MYSORE-570010 5.THE ASSISTANT CURATOR AND ASSISTANT ARCHEOLOGIST O/O THE DIRECTORATE OF ARCHEOLOGY KARNATAKA EXHIBITION GROUND MYSORE-570 010 ... APPELLANTS (BY PROF. RAVIVARMA KUMAR, AG A/W SRI R DEVDAS, PRL.G.A. & SMT. SHWETA KRISHNAPPA, HCGP) 2 AND1SMT. T. JAYAMMA AGED ABOUT70YEARS W/O LATE M.H. THAMMAIAH R/AT DARJI ROAD SRIRANGAPATNA TOWN MANDYA DISTRICT-571 401 2.THE...
M/S Saptharushi Souharda Vs. Sri. Lakshman
Court: Karnataka
Decided on: Sep-10-2014
1 WP379832014 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE10H DAY OF SEPTEMBER, 2014 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL W.P.No.37983/2014 (CS-RES) BETWEEN1 M/S SAPTHARUSHI SOUHARDA CREDIT CO-OPERATIVE LIMITED REGISTERED OFFICE AT No.1488 PADMAMBA COMPELX M G ROAD, TUMKUR-572101 BY ITS CHIEF EXECUTIVE OFFICER SMT SAROJA RAMESH2 THE PRESIDENT M/S SAPTHARUSHI SOUHARDA CREDIT CO-OPERATIVE LIMITED REGISTERED OFFICE AT No.1488 PADMAMBA COMPLEX M G ROAD TUMKUR-572101 ... PETITIONERS (By Sri.K R ANANTHA MURTHY, ADV.) AND1 SRI. LAKSHMAN S/O LATE HONAPPA AGED ABOUT78YEARS R/AT # 1992/A, KAVERI, 6TH CROSS SOMESHWARAPURAM TUMKUR-572101 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE REGION2WP379832014 PAMPAMAHAKAVI ROAD CHAMARAJPET BANGALORE-560003. ... RESPONDENTS (By Sri.G CHANDRASEKHARAIAH, ADV. FOR C/R1 Smt.S.SUSHEELA, AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF APPEAL NO.151/14, O...
Commissioner of Income-tax, Karnataka (Central) Vs. Islamic Academy of ...
Court: Karnataka
Decided on: Sep-09-2014
1. The revenue has preferred this appeal against the order passed by the Commissioner of Income Tax cancelling registration. 2. The assessee was registered under section 12A of the Income Tax Act, 1961 by the CIT, Karnataka-III, Bangalore, vide certificate dated 4.6.1992. Recognition under section 80G was also granted to the assessee vide certificate dated 3.11.1992 by the CIT, Karnataka-III, Bangalore. The recognition granted under section 80G was valid from 19.10.1992 to 31.3.1994 and renewal of recognition under section 80G was granted vide certificate dated 1.3.2005. The renewal of recognition was valid from 15.6.2004 to 31.3.2006. Registration under section 12A and recognition under section 80G were withdrawn with effect from 1.4.1996. The reasons for such withdrawal are: (i) The institution has not maintained proper books of account. (ii) Donations received have been kept outside the books of account. (iii) The assessee has accounted only the fees fixed by the University. The ass...
Karnataka State Road Transport Corporation Vs. H.P. Sridhar
Court: Karnataka
Decided on: Sep-09-2014
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the award of the Industrial Tribunal, Bangalore, dated 22.8.2012 in I.D.No.248/2009, etc.) 1. This writ petition is directed against the award in I.D.No.248/2009 dated 22.8.2012 whereby the Tribunal has directed the petitioner-Corporation to reinstate the respondent- workman and provide him alternate job under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ('Act' for short). The Tribunal has denied backwages. 2. The respondent-workman has been working with the petitioner-Corporation as a Driver. On 22.8.2001, while he was discharging his duty as a driver, he suffered fracture of left leg on account of the disc of the wheel falling on his foot. He obtained a certificate from the District Surgeon, Madikeri, dated 20.11.2006, who certified that the respondent is unable to discharge his duties as a driver. A...
M/s. Alhind Tours and Travels Private Limited Vs. Hasan Addoor
Court: Karnataka
Decided on: Sep-09-2014
(Prayer: This Criminal Appeal filed under Section 378(4) of the code of Criminal Procedure, 1973, by the advocate for the appellant/accused praying to set aside the judgment and order dated 16.8.2012 passed by the Judicial Magistrate First Class, Court Hall No.5, Mangalore, D.K., in C.C.No.2647/2008 - acquitting the appellant/accused for the offence punishable under Section 138 of N.I Act.) 1. This appeal is filed by the complainant before the trial court and the proceedings instituted against the respondent was for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as the 'NI Act', for brevity). 2. The complainant was a private limited company, incorporated under the Companies Act, 1956. There was a resolution passed by the Board of Directors of the complainant company duly authorizing the appointment of its Assistant Sales Manager, one Ashley Danian Fernandez, as the Power of Attorney holder of the company, for the purpose of repr...
Sreenivasa Vs. Dr. B.R. Ambedkar Medical College, Bangalore
Court: Karnataka
Decided on: Sep-09-2014
(This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a Writ of Certiorari or any other order modifying the award Dtd. 25.2.2013 (Annex-C) passed by the Presiding Officer II Additional Labour Court, Bangalore In Application No.16/11 and Etc.) 1. The petitioner had been working in the establishment of the respondent/college as a driver. After his retirement on attaining the age of superannuation, he filed an application under Section 33(C)(2) of the Industrial Disputes Act, 1947, in I.D.No.16/11 before the II Addl. Labour Court, Bangalore, for payment of earned leave encashment for a period of 240 days with interest at 10% p.a. from the date of superannuation till the date of payment. 2. The Labour Court by its order dated 25.02.2013 has held that the petitioner is entitled for E.L. encashment for 90 days in a sum of Rs.29,370/- with interest at 10% p.a. from the date of his application till the date of realization. The respondent challen...
M,/S Alhind Tours and Travels Private Limited Vs. Sri Hasan Addoor
Court: Karnataka
Decided on: Sep-09-2014
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE09H DAY OF SEPTEMBER2014BEFORE THE HONBLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL APPEAL No.1048 of 2012 BETWEEN: M/s. Alhind Tours and Travels Private Limited, Represented by its Assistant Sales Manager and GPA Holder Sri Ashley Danian Fernandez, son of Mr. Joseph Fernandez, Aged 36 years, Resident of Jagannath Rao Joshi Soudha, Ground Floor, P.V.C.Circle, Kodialbail, Mangalore 575 003. (By Shri. Sachin B.S., Advocate) AND: Sri. Hasan Addoor, Major, Managing Director, Thaha International, Manpower Consultant, Door No.311, III Floor, APPELLANT2West Gate Terminus, Opposite: Unity Hospital, Highlands, Mangalore 575 001. (By Shri. J.I.Kittur, Advocate Advocate) RESPONDENT for Shri. S.P.Kulkarni, ***** This Criminal Appeal filed under Section 378(4) of the code of Criminal Procedure, 1973, by the advocate for the appellant/accused praying to set aside the judgment and order dated 16.8.2012 passed by the Judicial Magistrate First ...
H.S. Subramanya and Another Vs. H.S. Lakshmi and Others
Court: Karnataka
Decided on: Sep-08-2014
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 5.11.2011 in No GA.06/2011-12/212 on the file of the Maintenance Tribunal and Assistant Commissioner, Madikeri, Kodagu, etc.) 1. In these cases, the petitioners have called in question the validity of the order at Annexure 'G' in No.GA.06/2011-12/212 dated 5.11.2011 whereby the Maintenance Tribunal and the Assistant Commissioner, Madikeri, Kodagu, (for short 'the Tribunal') has directed the petitioners and the third respondent to pay maintenance of Rs.3,000/- per month to their mother, the first respondent under Section 9 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('Act' for short). 2. The first respondent is a widow, presently aged about 88 years. ii is her contention that her husband H.S.Srinivasa died on 2i 6.2002. Late H.S.Srinivasa had executed a Will dated 12.4.1994 bequeathing his properties in favour of his children. A pr...
M/s. Shantadurga Petro Chemicals Vardhe Comples Vs. State of Karnataka ...
Court: Karnataka Dharwad
Decided on: Sep-08-2014
(Prayer: This Writ Appeal Is Filed U/S.4 Of The Karnataka High Court Act, 1961, Praying To, Set Aside The Order Dated 1.8. 2013 Passed In Writ Petition No.31756 Of 2008.) 1. Accepting the cause shown, the delay of 102 days in filing the appeal is condoned. 1.A.I/ 14 is allowed. 2. Though this appeal is listed for preliminary hearing, with the consent of the learned counsel for the parties, is finally heard and disposed of by this order. 3. This intra court appeal is filed by the unsuccessful petitioner calling in question the order dated 1st August, 2013 of the learned Single Judge dismissing W.P.No.3 1756/2008. 4. Facts briefly stated are; appellant, a trader registered under the Karnataka Sales Tax Act, 1957 (for short KST Act') purchased furnace oil for Rs. 17,08,235/- inclusive of 15% tax during the assessment year 2002-03 from M/s. Tata Power Company Limited, Kanabaragi, Belgaum, who remitted the amount collected as tax to the Commissioner of Commercial Taxes The Deputy Commissi...
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