Karnataka Court October 2015 Judgments
The Commissioner of Income Tax, C.R. Building, Queens Road, Bangalore ...
Court: Karnataka
Decided on: Oct-16-2015
(Prayer: This ITA is filed under Section 260A of I.T. Act. 1961 arising out of order dated 10.07.2009 passed in ITA No. 1051/BNG/2008, for the Assessment year 2005-2006, praying to formulate the substantial Questions of Law; allow the appeal and set aside the order passed by the ITAT, Bangalore, confirming the order of the Appellate Commissioner and confirm the order passed by the Assistant Commissioner of Income Tax, Circle “ 11(5), Bangalore.) Vineet Saran, J. 1. This is the appeal filed by the Revenue challenging the order of the Tribunal dated 10.07.2009. The brief facts of this case are that the respondent-Company is engaged in the business of manufacture of beer, IML and speed zone. By an amalgamation Scheme, which was approved by the High Courts of Karnataka and Andhra Pradesh vide orders dated 08.03.2006 and 17.04.2006 respectively. M/s. Shree Vani Sugars and Industries Ltd., (hereinafter referred to as the Amalgamating Company') amalgamated with the respondent-assessee M...
Tag this Judgment!Yuvaraj Wadawadagi and Another Vs. The State of Karnataka represented ...
Court: Karnataka Kalaburagi
Decided on: Oct-16-2015
(Prayer: This petition is filed U/S 482 of Cr.P.C. by the Advocate for the petitioner praying that this Hon'ble Court may be pleased to quash the impugned order dated: 24.01.2015 passed in P.C.No. 06/2008 for taking cognizance of the offence U/S 3(1)(x) of SC/ST (PA) Act and U/S 506 of IPC, pending on the file of Learned II Addl. Sessions/Special Judge, Vijayapur, so far as the petitioners are concerned, in the Interest of Justice.) 1. The present petition is filed under Section 482, Cr.P.C. requesting the court to quash the criminal proceedings initiated in PCR.6/08 on the file of II Additional Sessions Judge cum Special Judge, Vijayapura. By virtue of the order dated 24.1.2015, the learned special judge dealing with cases arising out of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, (hereinafter referred to as the Act, for brevity) has taken cognizance against these petitioners and three others for the offences punishable under Section 3(1)(x) of the Act read wit...
Tag this Judgment!The Commissioner of Income Tax Vs. M/S K B D Sugars & Distilleries Ltd ...
Court: Karnataka
Decided on: Oct-16-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF OCTOBER, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MRS. JUSTICE S.SUJATHA ITA NO.773/2009 BETWEEN:1. THE COMMISSIONER OF INCOME TAX C.R.BUILDING, QUEENS ROAD, BANGALORE.2. THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE-11(5), C.R.BUILDING, QUEENS ROAD, BANGALORE. (BY SRI K.V.ARAVIND, ADV.,) AND: APPELLANTS M/S. KBD SUGARS & DISTILLERIES LTD. (FORMERLY KARNATAKA BREWERIES & DISTILLERIES PVT. LTD.,) NO.17, SANKEY ROAD, BANGALORE-560 020. RESPONDENT (BY SRI S.PARTHASARATHI, ADV.,) THIS ITA IS FILED UNDER SECTION260 OF I.T.ACT. 1961 ARISING OUT OF ORDER DATED1007.2009 PASSED IN ITA NO.1051/BNG/2008, FOR THE ASSESSMENT YEAR2005 2006, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW ; ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE, CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-11(5), BAN...
Tag this Judgment!Bosch Ltd. Vs. Assistant Commissioner of Income-tax-LTU, Bangalore
Court: Karnataka
Decided on: Oct-15-2015
1. The rejection of petitioner's application for waiver of interest under Section 234C for the accounting year 2010-11 under the Income Tax Act, 1961 (for short 'Act'), on the premise that the income was not business income, when challenged in W.P. No.48496/2013, a learned single Judge, by order, dated 20.08.2014, held the income as business income and the notification for waiver of interest applied to the case of the petitioner hence remitted the proceeding to the Chief Commissioner, Large Tax Payers Unit (LTU), Bengaluru, for fresh consideration. 2. On remand, the Chief Commissioner, (LTU), Bengaluru, by order, dated 13.03.2015, Annexure-M, in great elaboration extracting the observations of the Apex Court as well as this Court in reported opinions, rejected the request for waiver by declining to accept petitioner/assessee's submission of unpredicted or unanticipated income during the year due to which Advance Tax paid was less by observing further that:-petitioner had not brought ou...
Tag this Judgment!Khader Pasha Quadri and Others Vs. The Deputy Commissioner and Others
Court: Karnataka Kalaburagi
Decided on: Oct-14-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to passe an order of Certiorary, Quashing Annexure-J passed by the Deputy Commissioner, Bidar in File No:REV/APPL/CR-27/2006-07 dated 17.05.2010.) 1. The petitioner is before this Court assailing the order dated 17.05.2010 impugned at Annexure-J to the petition. 2. The petitioner contends that the land bearing Sy.No.387/A measuring 13 acres 39 guntas situate at Bagdal village, Bidar Taluk was a Inam land governed by the Hyderabad Inams Abolition Act, 1955 ('the Act' for short). The father of the petitioners being the Inamdar had applied for grant of occupancy right under the provisions of the said Act. The Special Deputy Commissioner by the order dated 20.08.1962 granted occupancy right to the father of the petitioners. Pursuant to such order, the petitioners' father has secured the revenue entries. Subsequently when the petitioners sought change of revenue entries by way of inheritance...
Tag this Judgment!Gowramma and Others Vs. P. Lakshminarayana
Court: Karnataka
Decided on: Oct-13-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 9.11.12 passed by the learned XXVIII Addl. City Civil Judge (CH No.29) at Bangalore in OS 15799/2000 on Issue No.6 vide Annx-H by allowing the above WP.) 1. This writ petition is directed against the order passed on Issue No.6 in OS No.15799/2000, on the file of learned XXVIII Addl. City Civil Judge, Bengaluru, 2. Heard the learned counsel for both the parties. 3. The facts in brief are that one Chikkakariyappa and his sons said to have effected the panchayath palupatti in respect of the suit schedule property. In pursuance of the partition, katha was transferred in the name of K Nanjundappa. After the death of K. Nanjundappa, his wife Smt. Gowramma approached the Revenue Authorities to get transferred the revenue records in her favour. The petitioners have filed a suit in OS NO. 15207/2001 for declaration, mandatory injunction and permanent injunction. The late...
Tag this Judgment!Mooganna and Others Vs. IFFCO Tokio General Insurance Co. Ltd., by its ...
Court: Karnataka
Decided on: Oct-13-2015
(Prayers: This MFA filed u/s 173(1) of MV Act against the Judgment and Award dated: 20.10.2010 passed in MVC No.8580/08 on the file of the VI Additional Judge, Court of Small Causes, MACT, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation. This MFA filed u/s 173(1) of MV Act against the Judgment and Award dated: 20.10.2010 passed in MVC No.8773/2008 on the file of the VI Additional Judge, Court of Small Causes, MACT, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation. This MFA filed u/s 173(1) of MV Act against the Judgment and Award dated: 20.10.2010 passed in MVC No.8579/2008 on the file of VI Additional Judge, Court of Small Causes, Member, MACT, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. Whether specifying the conditions stated in Section 149(2)(a) of the Motor Vehicles Act, 1988 in the insurance policy is a condit...
Tag this Judgment!M/s. ICICI Lombard GIC Ltd., Prestige Corniche Vs. Bharathi S. Reddy a ...
Court: Karnataka
Decided on: Oct-13-2015
(Prayer: This MFA is filed U/S 173(1) of MV Act against the Judgment and Award dated: 26/07/2014, passed in MVC No. 8301/2007, on the file of the IX Additional Small Causes Judge and XXXIV ACMM, Court of Small Causes, Member, Motor Accident Claims Tribunal-7, Bangalore (SCCH-7), awarding a compensation of Rs. 19,75,000/- with interest @ 6% P.A. from the date of petition till the date of payment.) 1. Though this appeal is posted for Admission, with the consent of the learned counsel appearing for the parties, it is taken up for final disposal. 2. This appeal by the Insurance Company is directed against the judgment and award dated 26th July 2014, passed in MVC No. 8301/2007, by the IX Additional Small Causes Judge and XXXIV ACMM, Court of Small Causes, Member, Motor Accident Claims Tribunal “ 7, Bangalore (SCCH-7), (for short, Tribunal') seeking to set aside the direction issued by the Tribunal to the Insurer to indemnify the award and also for reduction of compensation on the gro...
Tag this Judgment!Mooganna Vs. Iffco Tokio General
Court: Karnataka
Decided on: Oct-13-2015
M.F.A.No.2097/2011 c/w M.F.A.No.2096/2011 c/w M.F.A.No.1904/2011 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF OCTOBER2015BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH MISCELLANEOUS FIRST APPEAL NO.2097/2011 (MV) R MISCELLANEOUS FIRST APPEAL NO.2096/2011 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.1904/2011 (MV) C/W MFA NO.2097/2011: BETWEEN:1. MOOGANNA S/O BETTAIAH AGED ABOUT58YEARS2 3.4. 5.6.7. SMT SHANTHAMMA W/O B.MUGHANNA AGED ABOUT51YEARS CHELUVAMMA D/O B MUGHANNA AGED ABOUT35YEARS NAGARAJU S/O B MUGHANNA AGED ABOUT33YEARS SHIVAKUMAR S/O B MUGHANNA AGED ABOUT31YEARS VYER MUDI S/O B MUGHANNA AGED ABOUT29YEARS LOKESH S/O B MUGHANNA AGED ABOUT27YEARS M.F.A.No.2097/2011 c/w M.F.A.No.2096/2011 c/w M.F.A.No.1904/2011 2 ALL ARE R/AT NO.13, VI MAIN ROAD, N H COLONY SUBEDARPALYA, YESHWANTHPUR BANGALORE-560022 ... APPELLANTS (BY SRI M.B.CHANDRACHOODA, ADVOCATE) AND:1. IFFCO TOKIO GENERAL INSURANCE CO LTD BY ITS MANAGER STRATEGIC BUSINESS UNIT NO.41, II FLOOR, CHRISTU COMPLEX ...
Tag this Judgment!M/S Icici Lombard Gic Ltd Vs. Smt Bharthi S Reddy
Court: Karnataka
Decided on: Oct-13-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF OCTOBER, 2015, : PRESENT : THE HONBLE MR. JUSTICE N.K. PATIL AND THE HONBLE MR. JUSTICE PRADEEP.D.WAINGANKAR M.F.A.No.672 OF2015(MV) Between: M/s. ICICI Lombard GIC Ltd., Prestige Corniche, No.62/1, 2nd Floor, Richmond Road, Bangalore-560 025. Now rep. by its Manager Legal, M/s. ICICI Lombard Company Ltd., Regional Office, SVR Complex, 2nd Floor, Madiwala, Hosur Main Road, Bangalore. (By Shri. B.C. Shivannegowda, Advocate) And:1. Smt. Bharthi S Reddy, W/o. Late M.N. Shivareddy, Aged about 38 years.2. Kumari Shreya, D/o. Late M.N. Shivareddy, Aged about 16 years.3. Kum. Saisree, D/o. Late M.N. Shivareddy, Aged about 10 years. ... Appellant 2 Since the 2nd & 3rd Respondents are minor, Rep. by his mother . All are R/at. Sri Sainilaya, 13th Ward, Bagepalli Town, Near Health Quarters, Bagepalli, Chikkaballapura District. Now R/at. C/o. Raghunath, No.4/2, Venkateshwara Nilaya, 3rd Cross, opp. to Rajeevgandhi Dental Coll...
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