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Karnataka Court January 2015 Judgments

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Jan 05 2015

National Insurance Company Limited, Hubli and Others Vs. Gangadhar and ...

Court: Karnataka Dharwad

Decided on: Jan-05-2015

(Prayer: This Miscellaneous First Appeal filed under Section 30(1) of Workmens Compensation Act, 1923, against the judgment and order dated 27.11.2008 passed in WCA/NF-12/2008 on the file of the Labour Officer and Commissioner for Workmens Compensation, sub-division-II, Hubli, awarding compensation of Rs. 1,85,951/- along with interest at the rate of 12% P.A. This Miscellaneous First Appeal filed under Section 173(1) of Motor Vehicle Act, 1988, against the judgment and award dated 16.4.2009 passed in MVC No. 75/2008 on the file of the VI-MACT, Kudligi, awarding the compensation of Rs. 3,81,000/- with interest at the rate of 8% P.A., from the date of petition till the date of deposit. This Miscellaneous First Appeal filed under Section 173(1) of Motor Vehicle Act, 1988, against the judgment and award dated 16.1.2010 passed in MVC No. 64/2009 on the file of the Civil Judge (Sr.Dn.) cum-Member, MACT-VI, Kudligi, awarding the compensation of Rs.1,68,800/- with interest at the rate of 8% P...


Jan 05 2015

M. Rathnavarma Padival Vs. M. Sharada R. Hegde and Others

Court: Karnataka

Decided on: Jan-05-2015

(Prayer: This Petition Is Filed Under Section 115 Of Cpc Against The Order Dated 20.10.2011 Passed On I A.No. 1 In R.A.No. /2010 On The File Of The Prl. Sr.Civil Judge and Cjm, Mangalore, Allowing Ia No.1 Filed Under Section. 5 Of Limitation Act.) 1. I have heard the arguments of Sriyuths G.Krishnamurthy and Srivatsa, learned Senior Advocates appearing for petitioner and respondents respectively. 2. Perused the order dated 20.10.2011 passed by Sr.Civil Judge, Mangalore in allowing I.A.No.I on cost of Rs.2,000/- in unnumbered R.A. of 2010 (now said to have been numbered as 75/2014). 3. Facts in brief which has led to filing of this appeal are as under. 4. Plaintiff filed a suit for permanent injunction in O.S No. 111/1997 in respect of suit schedule property against defendants. Said suit came to be decreed by judgment and decree dated 23.07.1998. Being aggrieved by said judgment and decree, an appeal came to be filed under Section 96 of CPC. Since, said appeal was belatedly filed namel...


Jan 05 2015

Commissioner of Income-tax Vs. Rational Software Corpn. India (P.) Ltd ...

Court: Karnataka

Decided on: Jan-05-2015

N. Kumar, J. 1. The revenue has preferred this appeal against the order passed by the Tribunal holding that the remittances towards the cost of the software products imported from foreign suppliers is not royalty and hence there was no liability for deduction of tax under Section 195 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') and accordingly the provisions of Section 40(a)(i) of the Act are not attracted. 2. This Court had an occasion to consider the assessee's case itself and the order passed by the Tribunal holding that the remittances towards costs of the software products purchased/imported from foreign suppliers is not royalty, was set aside by this Court in ITA No.261/2006 following the judgment of this Court in the case of CIT, International Taxation v. Samsung Electronics Co. Ltd. [2012] 345 ITR 494/[2011] 203 Taxman 477/16 taxmann.com 141 . 3. It is submitted by the learned counsel for the assessee that the assessee has preferred an appeal against the s...


Jan 05 2015

Jabee @ Jabeeulla Vs. State of Karnataka By Malar Police Station

Court: Karnataka

Decided on: Jan-05-2015

(Prayer: This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973, by the Advocate for the appellant praying to set aside the judgment and order of conviction and sentence dated 5.1.2010 parsed by the II Additional Sessions Judge, Koiar, in S.C.No.23/2009 - convicting the appellant/accused No.1 for the offence punishable under Section 307 of Indian Penal Code, 1860 and etc;) 1. The present appeal is filed by Accused no.1 on his conviction for an offence punishable under Section 307 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity), and having been sentenced to undergo rigorous imprisonment for a period of 7 years and a fine of Rs.20,000/-. 2. It was the case of the prosecution that the present appellant arraigned as Accused no.1, along with Shafi, Ashraff, Annu and Amir Jan, Accused no. 2 to 5, respectively, had formed themselves into an unlawful assembly and with a common object to commit the murder of one Syed Ismail,...


Jan 05 2015

N.L. Jahagirdar Vs. Central Bureau of Investigation, ACB, Bangalore

Court: Karnataka

Decided on: Jan-05-2015

(Prayer: This Criminal Revision Petition is filed under Section 397(1) of the Code of Criminal Procedure, 1973 praying to set aside the order dated 29.8.2009 wherein the application filed by the petitioner for discharge under Section 227 of the Code of Criminal Procedure in Spl.C.C.No.150/2005, pending on the file of the XXI Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore.) 1. The petitioner has sought to question the correctness of the order dated 29.8.2009 passed by the Court of the Special Judge for CBI Cases, at Bangalore on an application by the petitioner in Spl.CC.no.150/2005, under Section 227 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C., for brevity). 2. It is stated that in the criminal proceedings initiated before the above said court, the petitioner is arrayed as accused no.9, by way of a supplementary charge sheet. The allegations in the complaint are to the effect that M/s Manx Auto Ltd. had produced ...


Jan 05 2015

Director of Income Tax, International Taxation, Bangalore Vs. Tesco In ...

Court: Karnataka

Decided on: Jan-05-2015

1. As a common question of law arises for consideration in all these appeals and the assessee is also the same and the orders are passed in respect of different assessment years, they are taken up for consideration together and disposed of by this common judgment. 2. The revenue has preferred these appeals against the common order passed by the Tribunal, which has held that no income was derived by the assessee in India through its operations as Liaison Office in India and thus allowed the appeals of the assessee setting aside the orders passed by the Appellate Court. 3. The assessee is a company engaged in the business of service agent in respect of purchase of various accessories in the name of Tesco International Sourcing Ltd., Hongkong established in Hongkong to act as a buying agent for Tesco Group Companies. Tesco International Sourcing Limited India Liaison Office was established in the year 2001. The assessee acts as a communication channel between Tesco, Hongkong and the manuf...


Jan 05 2015

Mr M Rathnavarma Padival Vs. Mrs M Sharada R Hegde

Court: Karnataka

Decided on: Jan-05-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE5H DAY OF JANUARY, 2015 BEFORE THE HONBLE MR.JUSTICE ARAVIND KUMAR CIVIL REVISION PETITION NO.318/2012 ... PETITIONER BETWEEN: MR M RATHNAVARMA PADIVAL S/O LATE M N PADIVAL AGED ABOUT80YEARS MEHAR BUNGLOW, BALMATTA MANGALORE-575 001. (BY SRI.K CHANDRANATH ARIGA, ADVOCATE) AND:1. MRS. M SHARADA R HEGDE2 MRS. M. SRIDEVI A SHETTY AGED ABOUT42YEARS W/O DR. RAJESH HEGDE NMC HOSPITAL P.O BOX NO.6222, ABUDHABI U.A.E. W/O MR. ANIL PRASAD SHETTY VINAYA, 4163, 1ST FLOOR, 8TH CROSS A MAIN HAL2D STAGE BANGALORE. LOCAL ADDRESS OF R1 COSMOS LANE, KADRI TEMPLE ROAD MANGALORE. 2 AGED ABOUT39YEARS W/O MR. NISHIKANTH SEMITHA NO.3, BUGATTI COURT MILL PARK, VICTORIA AUSTRALIA-3082 NO.1 TO4ARE REPRSENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER MR. KUMAR CHIKKAPPA ALVA AGED ABOUT30YEARS S/O U.T. ALVA KAVIRAJ, KADRI KAMBLA, D.K-575 001.3. MRS. SHIBANI T SHETTY W/O TILAK DAS SHETTY NO.402, THRISANDYA APARTMENT DADA SAHEB PALKE ROAD DADAR EAST, MU...


Jan 05 2015

s.v. Patil S/O. Vittal Patil Vs. The Commissioner

Court: Karnataka Dharwad

Decided on: Jan-05-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE5T H DAY OF JANUARY, 2015 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA WRIT PETITION No.75045 OF2013[GM-PDS]. BETWEEN SRI. S.V. PATIL S/O. VITTAL PATIL AGED ABOUT:42. YEARS, OCC: BUSINESS R/O. KUDREMANI TALUK, DIST: BELGAUM. (BY SRI: SUNIL S DESAI, ADV.) ... PETITIONER AND1 THE COMMISSIONER & APPELLATE AUTHORITY OF FOOD & CIVIL SUPPLIES & DEPT. OF COUNSUMER AFFAIRS,CUNNINGHAM ROAD, BANGALORE2 THE DEPUTY COMMISSIONER (FOOD) BELGAUM :2. :3. JAI HANUMAN YUVAK SANGHA, SHOP NO.107, REPRESENTED BY ITS PRESIDENT ARJUN S/O NAGAPPA PANNALAKAR, AGE:60. YEARS, OCC: BUSINESS/AGRICULTURE, R/O MARUTI GALLI, KUDREMANI, TQ: & DIST: BELGAUM. AMENDED AS PER COURT ORDER DATED:19. 08.2013 (BY SMT: K. VIDYAVATI, AGA. FOR R-1 & R-2; SRI: R.M. KULKARNI, ADV. FOR R-3) ... RESPONDENTS2804.2012 THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF SUSPENSION2N D DATED RESPONDENT AS PER ANNE...


Jan 05 2015

National Insurance Co Ltd Vs. Gangadhar S/O Basavanneppa Akki

Court: Karnataka Dharwad

Decided on: Jan-05-2015

1 R IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH, DHARWAD DATED THIS THE05H DAY OF JANUARY2015BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY MISCELLANEOUS FIRST APPEAL No.21080 OF2009CONNECTED WITH MISCELLANEOUS FIRST APPEAL No.22392 OF2009MISCELLANEOUS FIRST APPEAL No.22002 OF2010MISCELLANEOUS FIRST APPEAL No.23825 OF2009MISCELLANEOUS FIRST APPEAL No.23824 OF2009MISCELLANEOUS FIRST APPEAL No.20299 OF2010MISCELLANEOUS FIRST APPEAL No.20907 OF2010MISCELLANEOUS FIRST APPEAL No.23011 OF2009MISCELLANEOUS FIRST APPEAL No.23012 OF2009IN M.F.A.No.21080 OF2009BETWEEN: National Insurance Company Limited, Divisional Office, Sujata Complex, Near Bus Stand, P.B.Road, Hubli. (By Shri. S.K.Kayakamath, Advocate) APPELLANT2AND:1. 2. Sri. Gangadhar, Son of Basavanneppa Akki, Age:22. years, Occupation: Driver now Nil, Resident of Post: Umachagi, Taluk: Hubli, District: Dharwad. Shri. Bheemappa, Son of Ramappa Agasimani, Occupation: owner of Tata Mini Goods Truck bearing No.KA-29.3996, Resident of...


Jan 05 2015

Manjula Vs. The State of Karnataka

Court: Karnataka

Decided on: Jan-05-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE05H DAY OF JANUARY, 2015 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL APPEAL No.814 OF2009BETWEEN:1. Manjula, W/o. Krishna, Aged 21 years, Occupation: Household.2. Savithramma, W/o. Durgappa, 3. Manjunatha, S/o. Durgappa, Aged 21 years, All are residents of Gorigadde, Kanuthota, Iduvani Village, Sagara Taluk, Shimoga District. (By Shri B.S. Prasad, Advocate) AND: The State of Karnataka, APPELLANTS. 2 By Kargal Police Station, Sagara Taluk, Shimoga District. (By Shri K.R. Keshavamurthy, State Public Prosecutor-1) RESPONDENT ***** This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973, praying to set-aside the conviction and sentence dated 24.09.2009 passed by the Principal Sessions Judge, Shimoga in S.C.No.161/2008, convicting the appellants / accused No.1 to 3 for the offence punishable under Sections 504 and 326 read with Section 114 of the Indian Penal Code, 1860 where Accus...


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