Karnataka Court October 2015 Judgments
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G.R. Amarnath Vs. M.N. Narasimha Murthy Naik and Another
Court: Karnataka
Decided on: Oct-09-2015
(Prayer: This Writ Appeal is filed under Section 4 of the High Court Act, praying to set aside the order passed in W.P.No.44184/2014 dated 11.9.2014.) Subhro Kamal Mukherjee, ACJ. 1. This is an appeal under Section 4 of the Karnataka High Court Act, 1961, challenging the judgment and order dated September 11, 2014, passed by the Hon'ble Single Judge in Writ Petition No.44184 of 2014. 2. The plaintiff No.1 instituted Original Suit No.132 of 2013 before the learned Additional Senior Civil Judge, Second Court at Tumkur, inter alia, for a decree for declaration and perpetual injunction. 3. In the suit the defendants entered appearance and took out an application under Section 8 of the Arbitration and Conciliation Act, 1996, contending, inter alia, that there is an arbitration agreement between the parties and, therefore, the parties should be referred to arbitration. 4. The learned trial judge accepted the prayer of the defendant No.2 who filed the application under the said Section 8 and ...
Surendra Darappa Shetty Vs. Mohammad Ali and Another
Court: Karnataka Dharwad
Decided on: Oct-09-2015
(Prayer: This RSA is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dtd 25.08.2014 passed in R.A.No.36/2009 on the file of the III Additional Senior Civil Judge Dharwad, dismissing the appeal and confirming the appeal, filed against the Judgment and Decree dtd 01.04.2009 and the decree passed in O.S.No.131/2006 on the file of the II Additional Civil Judge (Jr. Dn.) and JMFC II Dharwad, partly decreeing the suit filed for possession and mesne profit.) 1. This is an unsuccessful 1st defendant's Regular Second Appeal against the judgment and decree dated 25.08.2014 made in R.A. No.36/2009 on the file of the III Addl. Senior Civil Judge, Dharwad, confirming the judgment and decree dated 01.04.2009 made in O.S. No.131/2006 on the file of the II Addl. Civil Judge (Jr. Dn.) and JMFC II, Dharwad decreeing the suit of the plaintiff in part with costs, directing the defendants to hand over the suit property to the plaintiff within one month from the date o...
Karnataka Instrade Corporation Ltd. Vs. Assistant Commissioner of Inco ...
Court: Karnataka
Decided on: Oct-09-2015
Vineet Saran, J. 1. The assessee preferred this appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short) being aggrieved by the order dated 6-2-2009 made in ITA No.855/Bang/2008 passed by the Income Tax Appellate Tribunal, Bangalore Bench “A, Bangalore (hereinafter referred to as 'the Tribunal' for short) for not granting deduction of various expenditures incurred in the computation of income and also not allowing the expenditure incurred by the appellant-Company for the assessment year 2002-03. 2. The appellant is a Public Limited Company manufacturing cement in a factory situated at Mathodu village, Hosadurga Taluk. The assessee filed return of income for the assessment year 2002-03 declaring the business loss of Rs.2,32,77,931/-. In Schedule-12 attached to the balance sheet filed along with the return, the assessee had declared other income of Rs.34,68,126/- which consists of interest income of Rs.66,482/- and balances written bac...
Surendra Darappa Shetty Vs. Mohammad Ali S/O Abdul Razak Mulla
Court: Karnataka Dharwad
Decided on: Oct-09-2015
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE9H DAY OF OCTOBER, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA R.S.A. NO.100902/2014 [POS]. BETWEEN SURENDRA DARAPPA SHETTY, AGE:75. YEARS, OCC: BUSINESS, R/O. DALAL STREET, NEAR REGAL CIRCLE, DHARWAD-580001. (BY SMT SHAILA BELLIKATTI, ADV.) ..... APPELLANT AND1 MOHAMMAD ALI S/O ABDUL RAZAK MULLA, AGE:58. YRS, OCC: PRIVATE SERVICE, R/O. DHARWAD AT PRESENT WORKING IN SAUDI ARABIA, RPTD.BY HIS PA HOLDER, KAMRAN M MULLA, AGE:64. YEARS, OCC: PRIVATE SERVICE, R/O. JAYANAGAR, DHARWAD-580001 2. SANGAYYA KUDLAYYA GANACHARI, AGE: MAJOR OCC: PROPRIETOR, BASAVESHWAR KHANAVALI, R/O OLD DALAL STREET VEGETABLE, :2. : MARKET NEAR REGAL CIRCLE, DHARWAD. (BY SRI K L PATIL, ADV. C/R1) ..... RESPONDENTS THIS RSA IS FILED UNDER SECTION100OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT & DECREE DTD2508.2014 PASSED IN R.A.NO.36/2009 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE DHARWAD, DISMISSING THE APPEAL AND CONFIRMING THE APP...
Sri G R Amarnath Vs. M N Narasimha Murthy Naik
Court: Karnataka
Decided on: Oct-09-2015
- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE9H DAY OF OCTOBER, 2015 PRESENT THE HONBLE MR. SUBHRO KAMAL MUKHERJEE ACTING CHIEF JUSTICE AND THE HONBLE MRS. JUSTICE B.V.NAGARATHNA WRIT APPEAL NO.2505 OF2015(GM-RES) Between: ... Appellant Sri.G.R.Amarnath S/o G.V.Rajashekar Aged about 56 years R/at Behind Venkateshwara Temple 1st Floor, Byrava Shambavi Mahalakshmi Layout, Batwadi Tumkur 572 103 (By Sri.G.Vikram, Advocate for Sri.K.R.Ramesh, Advocate) And:1. M.N.Narasimha Murthy Naik S/o Nanjunda Naik Aged about 65 years Residing at Gurukrupa Opposite DDPI Office Someshwarapuram Tumkur 572 102 2. T.M.Chandrashekar Naik S/o Narasimha Murthy Naik - 2 - Aged about 39 years Residing at Gurukrupa Opposite DDPI Office Someshwarapuram Tumkur 572 102 (Sri.Vinayak N. Urankar, Advocate for respondent No.1) ... Respondents --- This Writ Appeal is filed under Section 4 of the High Court in praying passed order the Act, W.P.No.44184/2014 dated 11.9.2014. aside set to This appe...
Abdul Hamed Vs. Bilkishbanu and Others
Court: Karnataka Kalaburagi
Decided on: Oct-08-2015
(Prayer: This Regular Second Appeal is filed under Section 100 of CPC, against the judgment and decree dated: 05.09.2015 passed in R.A. No.33/2012 on the file of the Prl. Senior Civil Judge, Vijayapur, dismissing the appeal and confirming the Judgment and Decree dated: 11.04.2012 passed in O.S. No.147/2008 on the file of the Prl. Civil Judge At Vijayapura.) 1. The first defendant of an original suit in O.S.144/08 which was pending on the file of Principal Civil Judge, Vijayapura, has filed this appeal under Section 100, C.P.C. challenging the concurrent judgments passed against him. Respondents 1 to 4 are plaintiffs in the said suit. The 2nd defendant who is the father of the 1st defendant, died during the pendency of the appeal filed before the Senior Civil Judge, Vijayapura. Since appellant is his legal heir, he has filed this appeal. 2. The facts leading to the filing of the present suit in O.S.144/08 and the present appeal are as follows: a) The suit schedule property bearing CTS N...
Krishnagouda Vs. Basappa
Court: Karnataka Dharwad
Decided on: Oct-08-2015
(Prayer: This RSA is filed u/s. 100 of CPC., against the judgment and decree dated 28-11-2011 passed in R.A.No. 25/2007 on the file of the Senior Civil Judge, Mudhol, dismissing the appeal, filed against the judgment dated 15-03-2007 and the decree passed in O.S.No.215/2006 on the file of the Prl. Civil Judge (Jr.Dn) Mudhol, decreeing the suit filed for possession.) 1. This is an unsuccessful defendant's second appeal against the judgment and decree dated 28.11.2011 made in RA No.25/2007 on the file of the Senior Civil Judge, Mudhol, confirming that the judgment and decree dated 15.03.2007 made in O.S.215/2006 on the file of the Principal Civil Judge (Jr.Dn.) Mudhol, decreeing the suit of the respondent/plaintiff, directing the defendant to handover the possession of the suit land measuring 3 guntas to the plaintiff as shown in the plaint hand-sketch map by red ink, within three months from the date of the judgment and the relief of declaration of ownership as well as the relief of per...
Sultan and Another Vs. Shahajaha and Others
Court: Karnataka Kalaburagi
Decided on: Oct-08-2015
(Prayer: These writ appeals filed u/s.4 of the Karnataka High Court Act, by the advocate for appellant praying that this Hon'ble court to, call for the records and set-aside the order dated 26.08.2015 passed in Writ Petition No.201399 and 201754/2015 (LB-RES) passed by the Learned Single Judge and dismiss the writ petition by allowing the writ appeal, in the interest of justice and equity.) 1. These intra-court appeals are directed against the final orders passed by the learned single Judge in W.P.Nos.201399/15 and 201754/15 (LB-RES) on 26.08.2015. 2. By virtue of the said final order dated 26.08.2015, the no-confidence motion adopted by the City Municipal Council of Basavakalyan, Bidar District, on 28.01.2015 expressing no-confidence motion against the 1st respondent, Smt.Shahjaha, President of the Council is set aside. It is clarified that as the no-confidence motion is void, the second proviso to sub-section (9) of Section 42 of the Karnataka Municipalities Act, 1964, (hereinafter r...
Krishnagouda S/O. Goudappagouda Patil Vs. Basappa S/O. Bhimappa Karisa ...
Court: Karnataka Dharwad
Decided on: Oct-08-2015
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE08T H DAY OF OCTOBER, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA REGULAR SECOND APPEAL No.5593 OF2012[POS]. BETWEEN: KRISHNAGOUDA S/O. GOUDAPPAGOUDA PATIL AGE:50. YEARS, OCC: AGRICULTURE R/O. BUDNI BK, TQ: MUDHOL, DIST: BAGALKOT-587313. (By Sri. B.D HEGDE & S B PATIL ADVS.) ... APPELLANT AND: BASAPPA S/O. BHIMAPPA KARISAYYAPPANAVAR AGE:65. YEARS, OCC: AGRICULTURE, R/O. BUDNI BK, TQ: MUDHOL, DIST: BAGALKOT-587313. (By Sri. M.C.HUKKERI ADV.FOR C/R ) ... RESPONDENT ******** THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD:28-11-2011 PASSED IN R.A.NO.25/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, MUDHOL, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT DTD:15-03-2007 AND THE :2. : DECREE PASSED IN O.S.NO.215/2006 ON THE FILE OF THE PRL.CIVIL JUDGE(JR.DN) MUDHOL, DECREEING THE SUIT FILED FOR POSSESSION. THIS APPEAL FOR DICTATING JUDGMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING: COMING ON JUDGMENT...
Abdul Hameed S/O Shaikh Ahmed Vs. Smt. Bilkishbanu W/O Mohammad Shafi ...
Court: Karnataka Kalaburagi
Decided on: Oct-08-2015
1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE8H DAY OF OCTOBER, 2015 BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA REGULAR SECOND APPEAL No.200304/2015 BETWEEN: Abdul Hamed S/o Shaikh Ahmed Aged about 35 years, Occ: Business R/o Haveli Galli Vijayapura- 586 101. (By Sri. Ameet Kumar Deshpande, Adv.) ... Appellant AND:1. Smt. Bilkishbanu W/o Mohammad Shafi Inamdar Aged about 58 years, Occ: Household work 2. Majid S/o Mohammad Shafi Inamdar Aged about 35 years, Occ: Service 3. Sajid S/o Mohammad Shafi Inamdar 2 Aged about 32 years, Occ: Business 4. Smt. Seema W/o Hajilal Sutar Aged about 32 years, Occ: Household work All are R/o C/o N.M. Rozimdar Behind K.E.B Near Pragati High School, Rajajinagar, Vijayapura- 586 101. (By Sri. D.P. Ambekar, Adv. for R1 to R4) ... Respondents This Regular Second Appeal is filed under Section 100 of CPC, against the judgment and decree dated:05. 09.2015 passed in R.A. No.33/2012 on the file of the Prl. Senior Civil Judge, Vijayapur,...
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