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Karnataka Court October 2015 Judgments

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Oct 06 2015

The Managing Director, Karnataka State Road Transport Corporation, Cen ...

Court: Karnataka

Decided on: Oct-06-2015

(Prayers: This MFA is filed U/s. 173(1) of MV Act against the Judgment and Award dated: 14/11/2014, passed in MVC No.2993/2013, on the file of the Judge, Court of Small Causes and XXVI ACMM and Motor Accident Claims Tribunal, Bangalore (SCCH-9), awarding compensation of Rs.25,85,000/- with interest at 6% p.a. from the date of petition till realization and to reduce the same. This MFA is filed U/s. 173(1) of MV Act against the Judgment and Award dated: 14/11/2014, passed in MVC No.2993/2013, on the file of the Judge, Court of Small Causes and XXVI ACMM and Motor Accident Claims Tribunal, Bangalore (SCCH-9), partly allowing the claim petition for compensation and seeking enhancement of compensation.) N.K. Patil, J. 1. These two appeals respectively by the Corporation and by the claimants are directed against the same impugned judgment and award dated 14/11/2014, passed in MVC No.2993/2013, by the Judge, Court of Small Causes and XXVI ACMM and Motor Accident Claims Tribunal, Bangalore (SC...


Oct 06 2015

The Registrar General, High Court of Karnataka Vs. A. Shahid and Other ...

Court: Karnataka

Decided on: Oct-06-2015

(Prayer: This Criminal Referred Case is registered under Section 395 Cr.P.C., the learned XXXIII A.C.C. and Sessions Judge and Special Judge (NDPS) Bangalore, has forwarded a record in Cr.No.52/2010 wherein the learned Judge has passed an order dated 26.5.2010 on the bail application filed by accused No.3 under Section 439 Cr.P.C. and on the bail applications filed by accused Nos.1 to 3 under Section 167(2) Cr.P.C., referring the matter to this Hon'ble Court under Section 395 Cr.P.C. about the validity or otherwise of the Central Government Gazette Notification dated 18.11.2009 in order to decide the bail applications aforesaid and vide order dated 9.6.2010 of the Hon'ble Chief Justice, the case was registered as Criminal Referred Case.) Mohan M. Shantanagoudar, J. 1. The Special Judge (NDPS), Bengaluru by his order dated 26.5.2010 in Crime No.52/2010, referred the matter to this Court under Section 395 Cr.P.C. to examine the validity or otherwise of the Central Government Gazette Noti...


Oct 06 2015

Tippanna Ningappa Tummarmatti and Others Vs. The State of Karnataka, r ...

Court: Karnataka Dharwad

Decided on: Oct-06-2015

(These writ petitions are filed under Article 226 and 227 of the Constitution of India praying to quash the impugned notification issued under Section 4(1) of the Land Acquisition Act dated 9.6.2008 issued by the R2 vide Annexure-B and notification issued under Section 6(1) of the Land Acquisition Act dated 18.5.2010 issued by the R4 vide Annexure-C in so far petitioners land is concerned.) The petitioners have called into question the preliminary notification, dated 9.6.2008 (Annexure-B) and the final notification, dated 18.5.2010 (Annexure-C) issued under Section 4(1) and 6(1) of the Land Acquisition Act, 1894 ( ˜the said Actfor short) respectively. 2. Sri. H.M. Dharigond, the learned counsel for the petitioners has urged two grounds. Firstly, he contends that the final notification is not within one year from the date of the issuance of the preliminary notification. Secondly, the award is not passed within two years from the date of the publication of the final notification. 3...


Oct 06 2015

The Managing Director Vs. Sri Mallikarjuna @ Mallikarjunachar

Court: Karnataka

Decided on: Oct-06-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6H DAY OF OCTOBER, 2015 R :PRESENT: THE HONBLE MR. JUSTICE N.K. PATIL AND THE HONBLE MR. JUSTICE P.S. DINESH KUMAR M.F.A.No.1382 of 2015 (MV) C/W. M.F.A.No.1820 of 2015 (MV) M.F.A.No.1382 of 2015 (MV) Between: The Managing Director, Karnataka State Road Transport Corporation, Central Office, K.H. Road, Shanthinagar, Bangalore-27. (By Sri. D. Vijaya Kumar, Advocate) And: .Appellant 1. Sri. Mallikarjuna @ Mallikarjunachar, S/o. Late Puttaswamachari, Aged about 57 years.2. Smt. Mani, W/o. Sri. Mallikarjuna @ Mallikarjunachar, Aged about 48 years. Both are R/at. No.63, Thathanahalli, Periyapatna Taluk, 2 Mysore-571 107.3. Smt. Yashwanthi, W/o. Sri. Ravikumar.S, D/o. Sri. Mallikarjuna, Aged about 33 years. R/at. No.204/47, I D Main Road, 8th A Cross, K.S. Town, Bangalore-560 060.4. Smt. Bhagya, W/o. Sri. Nata @ Nataraju, D/o. Sri. Mallikarjuna, Aged about 31 years. R/at. No.63, Thathanahalli, Periyapatna Taluk, Mysore-571 107. All ...


Oct 06 2015

The Registrar General Vs. A Shahid

Court: Karnataka

Decided on: Oct-06-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6h DAY OF OCTOBER, 2015 PRESENT THE HONBLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR AND THE HONBLE MR. JUSTICE BUDIHAL R.B. CRIMINAL REFERRED CASE NO.1/2010 ..Petitioner BETWEEN: The Registrar General High Court of Karnataka Bangalore (By Sri. S. Jayakara Shetty, Central Government Standing Counsel) (Sri. C.H.Jadhav, Senior Counsel appointed as Amicus Curiae vide order dated 30.9.2015) AND :1. A. Shahid S/o A. Hameed @ Pyarejan Aged about 27 years R/at No.106, S.C.Road Seshadripuram Bangalore 2. Parveez Ahmed S/o Fazlur Rehman 2 Aged about 32 years R/at No.25/01, 2nd Cross M.D.Block, Malleshwaram Bangalore 3. Syed Rakbathulla Omer S/o Syed Omer Aged about 35 years R/at No.13/06, 2nd Cross 3rd Line, Bandar Road Bhatkal Karwar District (By Sri.Hashmath Pasha, Advocate for M/s.Hashmath Pasha & Associates) This Criminal Referred Case is registered under ..Respondents Section 395 Cr.P.C. The learned XXXIII A.C.C. and Sessions Judge an...


Oct 06 2015

Tippanna Ningappa Tummarmatti Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Oct-06-2015

R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE6H DAY OF OCTOBER, 2015 BEFORE THE HONBLE MR. JUSTICE ASHOK B. HINCHIGERI WRIT PETITION Nos.72555-72565/2012 (LA-RES) BETWEEN:1. Tippanna Ningappa Tummarmatti, Age 58 years, Occ: Agriculture.2. Naganagouda Hanamanthgouda Chikkanagouder, Age 28 years, Occ: Agriculture.3.4. Subhashgouda Hanamanthgouda Chikkanagouder, Age 25 years, Occ: Agriculture. Chandragouda Hanamanthgouda Chikkanagouder, Age 23 years, Occ: Agriculture.5. Manjunathgouda Hanamanthgouda Chikkanagouder, Age 21 years, Occ: Agriculture.6. 7.8. Ratnawwa Hanamanthgouda Chikkanagouder, Age 48 years, Occ: Agriculture. Basanagouda Naganagouda Chikkanagouder, Age 46 years, Occ: Agriculture. Shivanagouda Naganagouda Chikkanagouder, Age 40 years, Occ: Agriculture.9. Hanamappa Sannabasappa Asuti, Age 65 years, Occ: Agriculture. 2 10. Maruthi Sannabasappa Asuti, Age 58 years, Occ: Agriculture.11. Chidambar Sannabasappa Asuti, Age 45 years, Occ: Agriculture.12.13. Somappa ...


Oct 05 2015

Centum Electronics Limited, by its Company Secy. Ramu Akkili Vs. State ...

Court: Karnataka

Decided on: Oct-05-2015

(Prayer: Revisions are filed under S.65(1) of the Karnataka Value Added Tax Act, 2003 praying to set aside the order of the Karnataka Appellate Tribunal, Bangalore dated 13.8.2013 in STA 89 to 135/2012, etc.) Vineet Saran, J. These are forty seven revision petitions filed by the assessee against the order of the Tribunal dated 13.8.2013, whereby the orders of the first appellate authority, as well as the Assessing Authority, have been confirmed. The brief facts of this case are that the petitioner is a company engaged in the business of manufacture and sale of Hybrid Micro Circuitsand is a dealer registered under the Karnataka Value Added Tax Act, 2003 (KVAT Act for short) and Central Sales Tax, 1956 (CST Act for short). Under the Information Technology Policy of the State Government, two notifications were issued, both dated 21.8.1997 “ one under the Karnataka Sales Tax Act, 1957 (KST Act for short) and the other under the CST Act. Under the policy of the State Government, a tax...


Oct 05 2015

Commissioner of Central Excise Vs. M/s. Godavari Sugar Mills Ltd.

Court: Karnataka Dharwad

Decided on: Oct-05-2015

(Prayer: This Central Excise Appeal is filed under Section 35G of the Central Excise Act, 1944, praying to set aside the Final Order No. 20105/2014, dated 28.1.2014, passed by the Hon'ble CESTAT, Bangalore, vide Annexure-D and to confirm the demand under show cause notice so far as service tax of Rs. 15,36,051/-, demanding recovery of Cenvat Credit of Rs. 22,31,610/- along with interest at also proposed for imposition of penalty under Section 76 of Finance Act, 1994 and Rule 15(3) of Cenvat Credit Rules, 2004, by the Adjudicating Authority vide Order in Original No. 11/2006 ADC dated 31.10.2006 be upheld, etc.) Anand Byrareddy, J.: 1. The Revenue is in appeal in the following circumstances. 2. The matter coming up for admission is considered for final disposal as the hierarchy of authorities have arrived at a finding that the issue stands covered by two judgments, of the Punjab and Haryana High Court as well as the Delhi High Court in the cases of Commissioner of Central Excise, Chandi...


Oct 05 2015

Centum Electronics Limited Vs. State of Karnataka

Court: Karnataka

Decided on: Oct-05-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 5th day of October, 2015 Present THE HONBLE MR JUSTICE VINEET SARAN & THE HONBLE MRS JUSTICE S SUJATHA S T R Ps 56 / 2014 & 279 324 / 2014 Between Centum Electronics Limited (Earlier Solectron Centum Electronics Ltd) # 44, KHB Industrial Area Yelahanka New Town Bangalore 560 064 By its Company Secy. Sri Ramu Akkili Petitioner (By Sri K P Kumar, Sr. Counsel a/w Sri V S Arbatti, Adv.) And State of Karnataka by its Assistant Commissioner of Commercial Taxes (Audit57) DVO5 Abhaya Complex II Floor, Platform Road Seshadripuram, Bangalore 20 (By Sri K M Shivayogiswamy, AGA) Revisions are filed under S.65(1) of the Karnataka Value Added Tax Act, 2003 praying to set aside the order of Respondent 2 the Karnataka Appellate Tribunal, Bangalore dated 13.8.2013 in STA89to 135/2012, etc. Saran J., delivered the following: Revisions coming on for hearing this day, Vineet JUDGMENT These are forty seven revision petitions filed by the assess...


Oct 05 2015

Commissioner of Central Excise, Vs. M/S. Godavari Sugrar Mills Ltd.,

Court: Karnataka Dharwad

Decided on: Oct-05-2015

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE5T H DAY OF OCTOBER2015PRESENT THE HONOURAB LE M R.J UST ICE ANAND BYRAR EDDY AND THE HONOURABLE MRS.JUSTICE S.SUJATHA C E N T R A L E X C I S E A P P E A L N O . 1 0 0 0 1 1 / 2 0 1 4 BETWEEN: Commissioner of Central Excise, Customs, Belgaum, No.71, Club Road, Central Excise Building, Belgaum-590001. Appellant. (By Shri Gangadhar S. Hosakeri, Advocate.) AND: M/s. Godavari Sugar Mills Ltd., Sameerwadi, Bagalkot. (By Shri R.M.Kulkarni, Advocate.) ...Respondents. This Central Excise Appeal is filed under Section 35G of the Central Excise Act, 1944, praying to set aside the Final Order No.20105/2014, dated 28.1.2014, passed by the Honble CESTAT, Bangalore, vide Annexure-D and to confirm the demand under show 2 of Cenvat recovery cause notice so far as service tax of Rs.15,36,051/-, demanding of Rs.22,31,610/- along with interest at also proposed for imposition of penalty under Section 76 of Finance Act, 1994 and Rule 15(3) of ...


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