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Karnataka Court October 2015 Judgments

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Oct 01 2015

Mogalappa Vs. The State of Karnataka, Represented By Addl. State Publi ...

Court: Karnataka Kalaburagi

Decided on: Oct-01-2015

(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C by the advocate for appellant praying that this Hon'ble court to set aside the order of conviction and sentence including fine dated 12.12.2012 in S.C.No.19/2012 passed by the I Additional Sessions Judge at Gulbarga, convicting the accused/ appellant p/u/s 302 of IPC, etc.) 1. Appellant was the sole accused in a criminal case in S.C.19/12 which was pending on the file of I Additional Sessions Judge, Kalaburagi. He has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302, I.P.C. and also to pay a fine of Rs.5,000/- vide considered judgment of conviction dated 12.12.2012. Charge had been framed to that effect by the I Additional Sessions Judge on 5.4.2012. He had pleaded not guilty and had claimed to be tried. 2. The gist of the prosecution case as found in the charges levelled against him is that deceased- Sharanappa and this accused were residents of Adki village,...


Oct 01 2015

The State of Karnataka, Rep. by the Secretary Vs. M/s. United Brewerie ...

Court: Karnataka

Decided on: Oct-01-2015

(Prayer: These STRPs are filed U/S 23(1) of the Karnataka Sales Tax Act, 1957, against the order dated 17.1.2014 passed in STA.No.2456 and 2457 of 2012 and cross appeal in STA Nos.1142 and 1143 of 2013, on the file of Karnataka Appellate Tribunal, Bangalore, allowing both the appeals filed U/S 22 of Karnataka Sales Tax Act, 1957, and dismissing the cross appeals of the State.) Vineet Saran, J. 1. These revision petitions are filed by the State of Karnataka, challenging the order dated 17-01-2014 passed by the Karnataka Appellate Tribunal in STA Nos.2456 and 2457 of 2012 and Cross Appeal in STA Nos.1142 and 1143 of 2013 whereby, the respondent-assessee has been exempted from payment of tax for the assessment years 2003-04 and 2004-05. 2. Briefly the facts relevant for the purpose of this case are: The respondent-assessee, United Breweries Limited owns the following brand names related to beer (1) Kingfisher Premium Lager Beer; (2) Kingfisher Super Strong Premium Beer; and (3) Kalyani Bl...


Oct 01 2015

S.K. Nagaraj Vs. The State of Karnataka by Special Land Acquisition Of ...

Court: Karnataka

Decided on: Oct-01-2015

(This MFA is filed u/s 54(1) of the Land Acquisition Act, against the judgment and award dated 22.9.2010 passed in LAC No.355/2006 on the file of the Principal Civil Judge (Senior Division), Hassan, partly allowing the reference filed u/sec 18(1) of Land Acquisition Act.) N.K. Patil, J. This appeal by the claimant/appellant is directed against the impugned Judgment and Award dated 22.9.2010 passed in LAC.No.355/2006 by the Principal Civil Judge (Sr.Dn.), Hassan, (hereinafter referred to as Reference Courtfor short). 2. The Reference Court, by its Judgment and Award, has determined the market value at Rs.75,000/- per acre with all statutory benefits as envisaged under the relevant provisions of the Land Acquisition Act. It is the case of the appellant that the quantum of compensation awarded by the Reference Court is inadequate and requires enhancement. Therefore, the appellant felt necessitated to present this appeal. 3. In brief the facts of the case are: The land bearing Survey No. 4...


Oct 01 2015

Veerayya F. Kotyalmath Vs. State of Karnataka and Others

Court: Karnataka Dharwad

Decided on: Oct-01-2015

(Prayer: This writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 12.11.2008 passed by the Appellate Authority, Additional Secretary Department of Education in Appeal No. 17/2007 as evident from the copy Annexure-L, and etc.) 1. The petitioner is said to have been appointed as a teacher in English in the Shri Jagadguru Annadaneshwari High School, Mundargi, on 2.11.1988. His appointment is said to have been approved by the competent authority, on 19.11.1988, with retrospective effect from 2.11.1988. 2. Respondent no. 4 is said to have been appointed, also as an English teacher on 1.12.1990. It is the petitioner's grievance that Respondent no.5 has been promoted as English Lecturer, overlooking the petitioner's seniority. It is his further contention that it was a single post and hence there could be no reservation in respect of the same, if that was the ground on which his seniority had been overlooked. The petitioner having u...


Oct 01 2015

Ashoka Vs. The State of Karnataka, Represented By Its Principal Secret ...

Court: Karnataka Kalaburagi

Decided on: Oct-01-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order Bearing No/Samnira/VI-4/Appeal/01/2015-16/1687 dated 18.09.2015 passed by the Respondent No.3 herein, vide Annexure-K and consequently quash the order of liquidation Bearing No.Unira/VI-7/liquidation/2015-16/171 dated 15.04.2015 passed by the Respondent No.2, vide Annexure-C.) H.G. Ramesh, J. (Oral): 1. Petitioner, who is President of a co-operative society namely, Meenugarara Sarvatomukha Abhivruddi Sahakara Sangha Niyamita Qpetitioner-society') is challenging the order of the appellate authority dtd. 18.09.2015 dismissing the petitioner's appeal preferred under Section 106(l)(j) of the Karnataka Co-operative Societies Act, 1959 ('the Act') by affirming the order dtd. 15.04.2015 passed under Section 72(2) of the Act directing winding up of the petitioner-society and appointing a liquidator for its binding up. 2. I have heard learned counsel for the petitione...


Oct 01 2015

sri.ashoka S/O Duragappa Jalahalli Vs. The State of Karnataka

Court: Karnataka Kalaburagi

Decided on: Oct-01-2015

- 1 - W.P.No.205189/2015 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE1T DAY OF OCTOBER2015BEFORE R THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION No.205189/2015 (CS-RES) BETWEEN: SRI ASHOKA S/O DURAGAPPA JALAHALLI PRESIDENT AGED ABOUT61YEARS MEENUGAARARA SARVATOMUKHA ABHIVRUDHI SAHAKARA SANGHA NIYAMITA JALAHALLI, TALUK DEODURGA DISTRICT: RAICHUR (BY SRI J.AUGUSTIN, ADVOCATE) ... PETITIONER AND:1. 2. 3.4. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPT. OF CO-OPERATION VIDHANA SOUDHA BANGALORE 560 001 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, RAICHUR DISTRICT RAICHUR 584 101 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES KALABURAGI REGION RAICHUR 584 101 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAICHUR 584 101 - 2 - W.P.No.205189/2015 5. THE CO-OPERATIVE EXTENSION OFFICER DEODURGA, C/O OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAICHUR AND LIQUIDATOR MEENUGAARARA SARVATOMUKHA ABHIVRUDHI SAHAKARA SANGHA NIYAMITA, JA...


Oct 01 2015

sri.veerayya f.kotyalmath Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Oct-01-2015

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE01T DAY OF OCTOBER, 2015 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY WRIT PETITION No.63315 OF2009(S-PRO) PETITIONER. Between: Sri. Veerayya F. Kotyalmath, S/o. Fakkiraiah, Aged 43 years, High School Teacher, Sri. Jagadguru Annadaneshwari High School, Narasapura, Taluk & District Gadag. (By Shri Sunil S. Desai, Advocate) And:1. The State of Karnataka, Represented by the Additional Secretary to Government-2, (Primary and Secondary Education), Department of Education, M.S. Building, Bangalore-1.2. The Commissioner of Pre-University Education, Malleswaram, Bangalore-560 003. 2 3. The Deputy Director of Pre-University Education, Gadag, District: Gadag.4. The Hon. Secretary, Sri. Jagadguru Annadaneshwari High School, Mundargi, District: Gadag.5. Smt. R.R. Inamdar, Assistant Teacher, Sri. Jagadguru Annadaneshwari High School, Mundargai, District: Gadag. (Now working as lecturer in English in Sri Jagadguru Annadaneshwari Hig...


Oct 01 2015

The State of Karnataka Vs. M/S United Breweries Ltd

Court: Karnataka

Decided on: Oct-01-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE1T DAY OF OCTOBER2015PRESENT THE HON'BLE MR.JUSTICE VINEET SARAN AND THE HON'BLE MR. JUSTICE B.MANOHAR STRP Nos. 384/2014 & 01-03/2015 BETWEEN: The State of Karnataka Rep. by the Secretary, Finance Department, Vidhana Soudha, Bangalore 560001. (By Sri. Shivayogiswamy, AGA) AND: M/s.United Breweries Ltd., Tumkur Road, Bangalore. Petitioner (By Sri. N.Venkataraman, Sr.Adv for Sri.P.Dinesha, Adv.,) Respondent 2 These STRPs are filed U/S231) of the Karnataka Sales Tax Act, 1957, against the order dated 17.1.2014 passed in STA.No.2456 and 2457 of 2012 and cross appeal in STA Nos.1142 and 1143 of 2013, on the file of Karnataka Appellate Tribunal, Bangalore, allowing both the appeals filed U/S22of Karnataka Sales Tax Act, 1957, and dismissing the cross appeals of the State. day, VINEET SARAN J., made the following: These petitions are coming on for admission this ORDER These revision petitions are filed by the State of Karnataka, cha...


Oct 01 2015

Sri S K Nagaraj Vs. The State of Karnataka

Court: Karnataka

Decided on: Oct-01-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE1T DAY OF OCTOBER2015PRESENT THE HONBLE MR. JUSTICE N.K.PATIL AND THE HONBLE MR. JUSTICE P.S. DINESH KUMAR M.F.A.NO.7251/2011 (LAC) BETWEEN: SRI S K NAGARAJ S/O KRISHNE GOWDA @ AJJE GOWDA AGED ABOUT55YEARS R/AT SHANKARANAHALLI VILLAGE KATTAYA HOBLI HASSAN TALUK HASSAN DISTRICT ... APPELLANT (BY SRI M.N.MADHUSUDHAN, ADVOCATE) AND: THE STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER, H.R.P-2 HASSAN ... RESPONDENT (BY SRI VASANTH V.FERNANDES, HCGP) THIS MFA IS FILED U/S541) OF THE LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED229.2010 PASSED IN LAC NO.355/2006 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SENIOR DIVISION), HASSAN, PARTLY ALLOWING THE REFERENCE FILED U/SEC181) OF LAND ACQUISITION ACT. THIS MFA COMING ON FOR ADMISSION, THIS DAY, N.K.PATIL, J., DELIVERED THE FOLLOWING:- 2 JUDGMENT This appeal by the claimant/appellant is directed against the impugned Judgment and Award dated 22.9.2010 passed in LAC.No...


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