Karnataka Court October 2015 Judgments
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Abu Saleh Khan and Others Vs. Abdul Karim Khan and Others
Court: Karnataka
Decided on: Oct-07-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order vide Annexure “ A dated 05.11.2012 made on Memo dated 27.03.2010 in O.S. No. 696/2008 by the Court of Principal Civil Judge, Mangalore, D.K.) 1. The petitioners have instituted O.S. No. 696/2008 in the Court of Prl. Civil Judge, Mangalore, D.K., to pass a decree for partition and separate possession of the plaint schedule properties against the defendants. Suit has been contested by filing written statement. Issues have been raised on 04.02.2010. A Memo was filed by defendant No.1, on 27.03.2010, to decide issue Nos. 8 and 9 as preliminary issues. The said Memo was opposed by the plaintiffs by filing statement of objections on 03.04.2010. The trial Judge having allowed the said Memo and decided to treat the issue Nos. 8 and 9 as preliminary issues vide 05.11.2012, this writ petition was filed. 2. Sri. S. Vishwajith Shetty, learned advocate, contended that issue ...
M/s. Hindustan Petroleum Corporation Ltd. and Another Vs. Union of Ind ...
Court: Karnataka
Decided on: Oct-07-2015
(Prayers: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to hold that Sec. 35F of the Central Excise Act, 1944 as amended by Sec. 105 of the Finance Act (No.2), 2014 w.e.f. 6/8/2014 which provides for mandatory pre-deposit of 7.5% for first appeals and 10% for second appeals of the total tax or penalty demanded, as a mandatory condition for entertaining an appeal as illegal and violative of Articles 14, 19 (1) (g) and 265 of the Constitution of India and etc., This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash Section 35F of the Central Excise Act of 1944 as amended by Section 105 of the Finance Act of 2014 and the said Section 105 of the Finance Act of 2014 as being unconstitutional. This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to 1) declare Section 35R of the Central Excise Act, 1944 as amended by Sec. 105 of the Finance Act (No.2), 2014 w.e...
Suraj and Others Vs. The State of Karnataka
Court: Karnataka
Decided on: Oct-07-2015
P.D. Waingankar, J. - (1) By judgment of conviction and order of sentence dated 18.03.2015, the accused Nos. 1 and 2 Akash and Suraj have been convicted for the offence punishable under Section 22(c) of NDPS Act by the Principal District and Sessions and Special Judge, Dharwad in Spl.NDPS.C.C. No. 3/2013 and have been sentenced to undergo rigorous imprisonment for a period ten years and to pay fine of Rs. 1,00,000/ - each, in default to further undergo simple imprisonment for a period of one year. (2) Aggrieved by the judgment of conviction and sentence, the accused No. 2 -Suraj has preferred Crl.A. No. 100069/2015 and accused No. 1 -Akash preferred Crl.A. No. 100070/2015. Since both the appeals are arising out of the same judgment of conviction and sentence, they are disposed of by this common judgment. (3) Heard the learned counsel for the appellants and the learned Government Advocate. Perused the records. (4) Learned counsel appearing for the appellants have vehemently argued befor...
The Commissioner of Income-tax and Another Vs. M/s. AMCO Power Systems ...
Court: Karnataka
Decided on: Oct-07-2015
(Prayers: These ITAs are filed U/S 260-A of IT Act, 1961 arising out of order dated: 10.07.2009 passed in ITA No.172/BNG/2009, for the Assessment Year 2001-02 in ITA No.766/2009; ITA No.170/BNG/2009, for the Assessment Year 1999-2000 in ITA No.769/2009; ITA No.173/BANG/2009, for the Assessment Year 2002-03 in ITA No.765/2009; and ITA No.171/BNG/2009, for the Assessment Year 2000-01 in ITA No.767/2009 praying that this Hon'ble Court may be pleased to: i. Formulate the substantial questions of law stated therein, ii. Allow the appeal and set aside the order passed by the ITAT Bangalore in ITA No.172/BNG/2009, dated: 10.07.2009 in ITA No.766/2009; ITA No.170/BNG/2009 in ITA No.769/2009; ITA No.173/BANG/2009 in ITA No.765/2009; and ITA No.171/BNG/2009 in ITA No.767/2009 confirming the order of the Appellate Commissioner and confirm the order passed by the Income Tax Officer, Ward-11(1), Bangalore in the interest of justice and equity. This ITA is filed U/S 260-A of I.T. Act, 1961 arising o...
Shri Prabhulingeshwar Sugars and Chemicals Ltd. Vs. Assistant Commissi ...
Court: Karnataka
Decided on: Oct-07-2015
1. Heard the learned Senior Advocate Shri M.V. Sheshachala, appearing for the learned counsel for the appellant and Shri Y.V. Raviraj, appearing for the Revenue. 2. The present appeal is filed under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for brevity), being aggrieved by the order of the Income Tax Appellate Tribunal, Panaji Bench, Panaji, in ITA No.182/PNJ/2014 dated 07.07.2015 whereby the order passed by the Commissioner of Income Tax (Appeals)-VI, Bengaluru, dated 28.02.2014 was set aside and the order passed by the Assistant Commissioner of Income Tax Central Circle-2, dated 24.12.2012 was confirmed. 3. The matter pertains to the assessment year 2010-2011. The facts of the case are the assessee is said to be carrying on business in the manufacture of sugar and co-generation of electricity. The assessee has filed returns of income tax on 27.09.2010. The controversy relates to the following: (a) Valuation of closing stock of molasses, (b) Valua...
State by Mahalakshmi Layout, Bangalore City and Others Vs. K.B. Betteg ...
Court: Karnataka
Decided on: Oct-07-2015
(Prayers: This Criminal Appeal is filed under Section 377 of Cr.P.C praying to impose maximum sentence on the respondents/accused -1, 2, 5 and 6 for the offences punishable under Sections 324, 348, 465, 306 and 201 read with Section 34 of IPC passed in S.C.No.437/2012 of FTC-VIII, Bangalore dated 15/07/2011. This Criminal Appeal is filed under Section 374(2) of Cr.P.C praying to set aside the order dated 15.07.2011 passed by the P.O., FTC-VIII, Bangalore in S.C.No.437/2002 convicting the appellants/accused for the offence punishable under Sections 324, 348, 465, 306, 201 read with Section 34 of IPC.) 1. The judgment and order dated 15.07.2011 passed by the Fast Track Court-VIII, Bengaluru City in S.C. No.437/2002 is called in question in these appeals. Criminal Appeal No.72/2012 is preferred by the State challenging the judgment and order of acquittal of accused Nos.3, 4, 7 and 8 for the offences punishable under Sections 323, 324, 348, 376, 465, 306, 201, 109 and 114 read with Section...
State by Yelahanka Police Station, Bangalore Vs. Upendrachar @ Upendra ...
Court: Karnataka
Decided on: Oct-07-2015
(Prayer: This Criminal Appeal is filed under Section 378 (1) and (3) praying to grant leave to file an appeal against the judgment and order of acquittal dated 29.11.2011 in S.C.No.660/2009 passed by the P.O., City Fast Track Court-IV, Bangalore, acquitting the respondents/accused for the offences punishable under Sections 498-A, 304-B, read with Section 34 of IPC and Section 302 read with Section 149 of IPC and also Sections 3, 4 and 6 of the Dowry Prohibition Act.) 1. The judgment and order of acquittal dated 29.11.2011 passed by the Fast Track Court -IV , Bangalore city in Sessions Case No.660/09, is called in question in this appeal by the State. By the said judgment, respondents 1 to 5 have been acquitted by the trial Court. 2. The brief facts of the prosecution case as per the complaint averments Ex.P1 are that P.W.1 who is the father of deceased Manjula lodged the complaint before Yelahanka police station, Bangalore alleging that he is having two sons and one daughter. Manjula w...
Sri Abu Saleh Khan Vs. Sri Abdul Karim Khan
Court: Karnataka
Decided on: Oct-07-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF OCTOBER, 2015 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.52988/2013 (GM-CPC) SRI ABU SALEH KHAN S/O LATE S.M.KHAN AGED ABOUT71YEARS R/AT2D BLOCK SITE NO.178, KATIPALLA SURATHKAL MANGALORE 575 003. BETWEEN:1. 2.3. SMT. RAHIMUNNISA SHARIEFF W/O NOOR MOHAMMED SHARIEFI AGED ABOUT67YEARS R/AT S.A.S. APARTMENT BEHIND KANKANADY MARKET KANKANADY MANGALORE 575 003. SRI ABDUL HAMEED KHAN S/O LATE S.M. KHAN AGED ABOUT67YEARS R/AT NEAR HILL BREEZE LODGE OOTY TAMILNADU 643 001.4. 5.6. 7.8.9. 2 SMT. KAMARUNNISA SAYED W/O LATE SAYED IQBAL AGED ABOUT63YEARS R/AT D.NO.16 89 17, KULSHEKAR MANGALORE - 575 003. SMT. SHARIFUNNISA S. BASHEER W/O ABDUL BASHEER AGED ABOUT62YERAS R/AT OPP. MADINA MASJID NEAR TALUK OFFICE KARKALA 574 201. SMT. MAHERUNNISA KHANUM W/O LATE ABDUL AZEEZ KHAN AGED ABOUT55YEARS R/AT RIVER VIEW POST AZHIKODE, KANNANORE KERALA STATE - 670 009. SRI ADIL KHAN S/O LATE ABDUL AZEEZ K...
M/S Hindustan Petroleum Corporation Ltd Vs. Union of India
Court: Karnataka
Decided on: Oct-07-2015
-:1. :- R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE07H DAY OF OCTOBER, 2015 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION NOs.10559-10560/2015 (T-TAR) C/w. W.P.NO.54017/2014 (T-RES), W.P.NO.54018/2014 (T-RES) & W.P.NO.21492/2015 (T-TAR) IN W.P.NOs.10559-10560/2015: BETWEEN:1. M/S. HINDUSTAN PETROLEUM CORPORATION LTD., MANGALORE POL TERMINAL, VILLAGE BALA, VIA KATIPALLA, MANGALORE-575 030.2. MR. V.K. JAIN, AGED55YEARS, GENERAL MANAGER (TAX), M/S. HINDUSTAN PETROLEUM CORPORATION LTD., CORPORATE OFFICE, NO.17, JAMSHEDJI TATA ROAD, P.O. BOX No.11041, MUMBAI-400 020. ... PETITIONERS (BY SRI: G. SHIVADASS, ADVOCATE) AND:1. UNION OF INDIA, MINISTRY OF FINANCE, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001. COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, 7TH FLOOR, TRADE CENTER, BUNTS HOSTEL ROAD, MANGALORE-570 003. 2.-.:2. :- THE DEPUTY REGISTRAR, CUSTOMS EXCISE AND SERVICE, TAX APPELLATE TRIBUNAL, FKCCI BUILDING, K.G. ROAD, B...
The Commissioner of Income Tax Vs. M/S Amco Power Systems Ltd.,
Court: Karnataka
Decided on: Oct-07-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE07H DAY OF OCTOBER2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MR.JUSTICE B MANOHAR ITA No.766 OF2009c/w ITA Nos.769/2009, 1046/2008, 765/2009 & 767/2009 IN ITA No.766/2009 C/w ITA Nos.769/2009, 765/2009 & 767/2009 AS COMMON APPEALS: BETWEEN:1. The Commissioner of Income-tax, C.R.Building, Queens Road, Bangalore 2. The Income-Tax Officer, Ward-11(1), C.R.Building, Queens Road, Bangalore Appellants (By Sri.K.V.Aravind, adv A/w Sri. G.Kamaladhar, adv.,) AND: M/s. AMCO Power Systems Ltd., (now known as M/s. AMCO Soft India Ltd.,) Hebbal-Bellary-Jakkur Road, Byatarayanapura, Bangalore 560 092. (By Sri. A.Shankar & M.Lava, advs.,) Respondent 2 Year 2001-02 These ITAs are filed U/S260A of IT Act, 1961 arising out of order dated:10. 07.2009 passed in ITA No.172/BNG/2009, for the Assessment ITA No.170/BNG/2009, for the Assessment Year 1999-2000 in ITA No.769/2009; ITA No.173/BANG/2009, for the Assessment Year 2002-0...
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