Karnataka Court November 2015 Judgments
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Ranganatha Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-20-2015
(Prayer: Crl.A. U/s.374 (2) Cr.P.C by the Adv., For the appellant praying that this Hon'ble court may be pleased to set aside the judgment of conviction of sentence DT.4/6.5.2010 passed by the I ADDL. S.J. D.K. Mangalore in SC. No. 125/2007 Convicting the Appellant/Accused for the offence P/U/S 498A and 304B of IPC and U/S 4 of the D.P. Act. The Appellant/Accused to undergo R.I. for a period of 3 (Three) years and also sentenced to pay a fine of Rs. 10,000/-, in default to pay the fine, he shall further undergo S.I. for a period of one year, for the offence P/U/S 498A of IPC. The Appellant/Accused to undergo R.I. for a period of 12 (Twelve) years.For the offence P/U/S 304B of IPC. Appellant/accused to undergo R.I. for a period of 2(TWO) years and also pay a fine of Rs. 10,000/- in default to pay fine, the accused shall undergo SI for a period of one year. For the offence P/U/S 4 of the D.P. Act all the Substantive sentences shall run concurrently and etc.) 1. The present appeal is dire...
Ranganatha S/O Late c.r Swamy Vs. The State of Karnataka
Court: Karnataka
Decided on: Nov-20-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF NOVEMBER2015BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA CRL.APPEAL NO.600/2010 BETWEEN: RANGANATHA S/O LATE C.R SWAMY AGED31YEARS, KANIYAN R/AT1517 NEAR MASTER ICE PLANT, KULAI VILLAGE, MANGALORE NATIVE PLACE AT R.S NILAYA, 22ND CROSS ROAD, NEAR KADAPASWAMY TEMPLE BHUVANESWARI NAGAR, KEMPAPURA AGRAHARA BANGALORE CITY. (By Sri: C H HANUMANTHARAYA & SRI: G SURESH, ADVS.) AND THE STATE OF KARNATAKA BY: SURATKAL P.S DAKSHINA KANNADA DIST (INVESTIGATED BY: THE ANTI-DOWRY CELL, COD, BANGALORE) ... APPELLANT ... RESPONDENT2(By Sri: CHETAN DESAI, HCGP) CRL.A. FILED U/S.374 (2) CR.P.C BY THE ADV., FOR THE APPELLANT PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION OF SENTENCE DT.4/6.5.2010 PASSED BY THE I ADDL. S.J.D.K. MANGALORE IN SC.NO.125/2007 CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S498 AND304 OF IPC AND U/S4OF THE D.P. ACT. THE APPELLANT/ACCUSED TO UNDERGO R.I. ...
The Commissioner of Income-Tax Vs. M/S Karnataka State
Court: Karnataka
Decided on: Nov-20-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE20H DAY OF NOVEMBER, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR ITA NO.423/2014 BETWEEN:1. 2. THE COMMISSIONER OF INCOME TAX C R BUILDING, QUEENS ROAD BANGALORE. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(5) RASHTROTHANA BHAVAN NRUPATHUNGA ROAD, BANGALORE. ... APPELLANTS (BY SRI. K.V.ARAVIND, ADV.) AND: M/S. KARNATAKA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPN. LTD., KHANIJA BHAVAN, NO.49, 5TH FLOOR, EAST WING, RACE COURSE ROAD, BANGALORE-560 017. (BY SRI A.SHANKAR, ADV.,) RESPONDENT THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED25.14 PASSED IN ITA NO.1515/BANG/2012, FOR THE ASSESSMENT YEAR2009 10 PRAYING TO I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW II. ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED ITA NO.1515/BANG/2012 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER BANGALORE, BY THE...
M/s. Nandi Constructions Vs. The State of Karnataka represented by the ...
Court: Karnataka
Decided on: Nov-19-2015
(Prayer: These petitions are filed under Section 65(1) of Karnataka Value Added Tax Act, 2003 against the judgment and order dated 16.01.2015 passed in STA Nos. 660 to 663/2014 and STA Nos. 664 to 671/2014 on the file of the Karnataka Appellate Tribunal at Bangalore.) 1. These revision petitions are filed by the assessee challenging the order of the Tribunal dated 16.1.2015 whereby the appeals of the assessee have been dismissed. 2. The brief facts of this case are that the assessee is a builder and civil works contractor, carrying on the business of construction and sale of apartments. For the relevant tax periods, the assessee had sold some apartments, for which it had disclosed the sale consideration, out of which the cost of the land was disclosed in the returns at 45% and consequently paid tax on the sale consideration minus the land cost. The assessing authority did not accept the land cost at 45%, but instead assessed it at 40% and assessed the tax. The assessee challenged the a...
m/s.jk Tyre and Industries Ltd Vs. The State of Karnataka
Court: Karnataka
Decided on: Nov-19-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19h DAY OF NOVEMBER, 2015 PRESENT THE HONBLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR CIVIL REVISION PETITION NO.126/2012 BETWEEN: M/s. JK Tyre & Industries Ltd., (M/s. Vikrant Tyres Ltd.) K.R.S. Road, Metagalli Mysore-570016 Represented by General Manager (Commercial & Legal) (By Sri Chaitanya Hegde, Adv., for Sri N.D. Satish Chandra, Adv.,) AND : .. Petitioner The State of Karnataka through The Commissioner of Commercial Taxes Vanijya Therige Karyalaya 1st Main Road, Gandhinagar Bangalore-560009 (By Sri T.K. Vedamurthy, HCGP.,) .. Respondent 2 This Revision Petition is filed under Section 15-A of Karnataka Tax on Entry of Goods Act, 1979 against the judgment dated 27.01.2011 passed in STA No.2344/2010 on the file of the Karnataka Appellate Tribunal, Bangalore, with a prayer to set aside the said Judgment and to allow STA No.2344/2010. This petition coming on for hearing, this day, VINEET ...
M/S Nandi Constructions Vs. The State of Karnataka
Court: Karnataka
Decided on: Nov-19-2015
- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF NOVEMBER, 2015 PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR S.T.R.P.NOS.216/2015 & 242-252/2015 BETWEEN : M/s. Nandi Constructions TIN:29370. 07569 125, 3rd Main Jayalakshmipuram Mysuru-570012 (by its proprietor T.N.Hemanth, 53 years) (By Sri T.N. Keshavamurthy, Adv.,) AND : The State of Karnataka Represented by The Commissioner of Commercial Taxes Gandhinagar Bengaluru-560009 (By Sri K.M. Shivayogiswamy, AGA.,) Petitioner Respondent - 2 - These petitions are filed under Section 65(1) of Karnataka Value Added Tax Act, 2003 against the judgment and order dated 16.01.2015 passed in STA Nos.660 to 663/2014 and STA Nos.664 to 671/2014 on the file of the Karnataka Appellate Tribunal at Bangalore. These petitions coming on for admission, this day, VINEET SARAN J., made the following:- ORDER These revision petitions are filed by the assessee challenging the order of the...
Sri K v Sathyamurthy Vs. Sri K G Srinivasa
Court: Karnataka
Decided on: Nov-19-2015
1 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE19H DAY OF NOVEMBER2015BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.48465 OF2015(GM-CPC) SRI. K.V.SATHYAMURTHY S/O LATE SRI. K.A.VENKATESH MURTHY AGED ABOUT43YEARS R/AT NO.C-49 K.H.B. COMPLEX KPWD QTRS., K.B.SANDRA, R.T.NAGAR(P) BANGALORE SRI. K.V.SRINATH S/O LATE SRI. K.A.VENKATESH MURTHY AGED ABOUT38YEARS R/AT NO.77, P.W.D. QRS., WILSON GARDEN BANGALORE BETWEEN:1. 2. 3.4.5. SRI. K.T.NARAYANAPPA S/O LATE SRI.K.A.TULSIRAMSA AGED ABOUT62YEARS R/AT No.571/A, I MAIN ROAD KERANNA COMPLEX KENGERI SATELLITE TOWN BANGALORE 560 060 SRI. K.T.RAMUSA S/O LATE SRI.K.A TULSIRAMSA AGED ABOUT60YEARS SRI.K.T.KRISHNA S/O LATE SRI.K.A.TULSIRAMSA AGED ABOUT54YEARS6 SRI. K.T.SRINIVASA2S/O LATE SRI. TULSIRAMSA K.A. AGED ABOUT46YEARS SRI.K.T. AMARNATH S/O LATE SRI. TULSIRAMSA K.A. AGED ABOUT45YEARS SRI. K.T.KIRAN KUMAR S/O LATE SRI. TULSIRAMSA K.A. AGED ABOUT45YEARS SRI.K.T.MOHAN S/O LATE SRI. TULSIRAMSA K.A AGED ABOUT42YEARS7 8.9...
Salil Punoose Vs. The Income Tax Officer, International Taxation, Bang ...
Court: Karnataka
Decided on: Nov-17-2015
(Prayer: This ITA is filed under Section 260-A of I.T. Act, 1961 praying to formulate the substantial questions of law stated therein; allow the appeal and set aside the order passed by the ITAT, Bangalore in ITA No. 698/Bang/2008 dated 12/6/2009.) Vineet Saran, J. 1. The appellant-assessee was employed by M/s. Best Foods Asia Ltd., at Hongkong as Managing Director from 1997. During the relevant period, he was also appointed as consultant for M/s. CPC Asia Ltd., and American Company having its office at Hongkong, for which, Marketing Consultancy Agreement dated 10.02.1997 was executed, which continued to be in force during the relevant Assessment year 2002-03. The assessee had received a sum of Rs.47,62,999/- on this account and claimed to be exempted from tax. 2. The present appeal relates to the Assessment year 2002-03. The Assessee had filed his return of income for the said assessment year, which was processed under Section 143(1) of the Income Tax Act, 1961 (for short the Act') an...
Maha Ganapati Shankara Devasthana, Sirsi and Others Vs. State of Karna ...
Court: Karnataka Dharwad
Decided on: Nov-17-2015
(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India praying to declare that the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 (Karnataka Act No. 27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety and etc;) 1. These petitions are heard and disposed of by this common order. 2. The petitions in WP 65648-680/2011 and WP 64805-868/2011, which are filed challenging the constitutional validity of the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 (Act no. 22/2011), were by an order dated 9.2.2012, directed by a learned single judge to be placed before a division bench “ for disposal, with an intention that one stage of appeal be avoided and having regard to the need for an expeditious decision by this court. 3. The background to the legislation in controversy is stated to be as follows:- The Stat...
M/s. Rajeshwari Cotton Ginning and Pressing Industries, rep., by its p ...
Court: Karnataka
Decided on: Nov-17-2015
(Prayer: These Appeals are filed under Section 260-A of I.T.ACT, 1961 arising out of order dated 31.7.2009 passed in ITA Nos. 880-882/BNG/2007, for the assessment years 1987-88 and 1988-89 and 1989-90, praying I)To formulate the substantial questions of Law II) Allow the appeal and set aside the order passed by the ITAT, Bangalore, Dated 31.7.2009.) 1. These appeals are preferred by the assesse under Section 260 of the Income Tax Act, 1961 (hereinafter referred to as the Act') challenging the order passed by the Income Tax Appellate Tribunal (ITAT), Bengaluru Bench, Ain ITA Nos.880, 881 and 882 (Bang)/2007 dated 31.07.2009. 2. The brief facts of the case are that the appellant is a registered firm engaged in the business of purchase and sale of Lint, Ginning of cotton and sale of cotton seeds oil and cake. It transpires that the appellant filed its return of income for the assessment year 1987-88 declaring the total income at Rs. NIL after setting off of net profit of Rs.23,072/- towar...
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