Karnataka Court December 2015 Judgments
M. Veerabhadraiah and Another Vs. The Union of India, By Its Secretary ...
Court: Karnataka
Decided on: Dec-18-2015
(Prayers: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notification dt.30.6.14 Vide No.RPS 58/2008, and the notification dt.14.7.14, Vide No.RPS 58/2008 issued by the R3 as per Ann-A and B respectively and declare that same is not within the consonance of the Sec.16(2) of the Advocates Act 1961 and etc., This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to declare that the notification dated 30.6.2014 passed by the R-1 Vide Ann-A is illegal and quash the same and etc.,) 1. "The profession of law, said Justice McCardie, has two aspects. It may be regarded as a pursuit which yields, if success be gained, a reward of fees and emoluments. But it may also be looked upon as a vocation which offers the joy of intellectual achievement, which claims the allegiance of unswerving honour, which asks for the guardianship of high tradition, and which affords a wide field for loyal and generous ser...
Tag this Judgment!Prabhakar Murthy Vs. S.G. Shankaraiah
Court: Karnataka
Decided on: Dec-18-2015
(Prayer: This Crl.RP filed U/s.397 and 401 Cr.P.C by the advocate for the petitioner praying that this Hon'ble Court may be pleased to set aside the order dated:7.1.12 passed by the P.O., FTC-VII, Bangalore City in Crl.A.No.621/11 and order dated:31.1.11 passed by the XVI Addl.C.M.M., Bangalore City in C.C.No.11677/08.) 1. The present revision petition is filed under Section 397 read with Section 401, Cr.P.C. challenging the judgment of conviction and sentence passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.11677/08 and affirmation of the same in Crl.A.621/11 on the file of Fast Track Court-VII. Petitioner was the sole accused in the said complaint filed by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act, for brevity). 2. After contest, the petitioner has been convicted and sentenced to pay Rs.2.22 lakhs as fine and out of the same, Rs.2,20 lakhs to be paid as compensation to...
Tag this Judgment!Commissioner of Income-tax, Bangalore Vs. Associated Electronics and E ...
Court: Karnataka
Decided on: Dec-18-2015
1. This appeal is filed by the Revenue under section 260-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act', for short) challenging the Order passed by the Income Tax Appellate Tribunal, Bangalore Bench [B] dated 6.2.2009 for the Assessment Year 1996-97. 2. The facts in brief are that the Assessee was carrying on the business of manufacture and marketing of electrical appliances and the search was conducted in the premises of the Managing Director of the Company. During the search and survey proceedings, it was noticed that Rs. 3,99,75,400/- had been paid by M/s. Sharp Corporation, Japan to the Assessee-Company for the transfer of trademark 'SHARP' and the common law rights and goodwill accompanying it. In respect of Block Assessment 1988-89 to 1998-99, the entire amount of Rs. 3,99,75,400/- was brought to tax on substantive basis under the head 'capital gains'. The Assessing Officer brought to tax the entire amount of Rs. 3,99,75,400/- holding that under the Settlemen...
Tag this Judgment!Hamed Ali and Others Vs. Kabbalegowda and Others
Court: Karnataka
Decided on: Dec-18-2015
(Prayers: This Criminal Petition filed under Section 482 Code of Criminal Procedure, 1973, praying to quash the P.C.R.No.11/2012 on the file of the 23rd Additional City Civil and Special Judge, Bangalore City and all consequential proceedings thereon, in so far this petitioner (accused no.4) is concerned (Annexure-A).) This Criminal Petition filed under Section 482 Code of Criminal Procedure, 1973, praying to quash the entire criminal proceedings in Spl.C.C.No.137/2012 pending on the file of the XXIII Additional City Civil and Special Judge for Prevention of Corruption Act, Bangalore City as against the petitioner. This Criminal Petition filed under Section 482 Code of Criminal Procedure, 1973, praying to quash the complaint PCR No.10 and 11/2012 on the file of the XXIII Additional City and Civil and Sessions Judge, and Special Judge, Bangalore and order dated 7.3.2012 referring the said complaint under sub Section (3) of Section 156 of Criminal Procedure code for investigation by the ...
Tag this Judgment!K. Janardhan Reddy Vs. B.R. Basutkar, Sole Arbitrator and Another
Court: Karnataka Kalaburagi
Decided on: Dec-18-2015
(Prayer: This MFA is filed under Section 39(1) of the Arbitration and Conciliation Act 1940, praying to set aside the order dated 27.9.2008 passed by the Learned Civil Judge (Sr.Dn.) Shorapur in Arbitration case No.6/2004 and be pleased to allow the application filed by the Arbitrator under Section 14(2) of the Act, in the interest of justice and equity.) 1. Both the appeals- MFA 30072/2009 and 30073 of 2009 are taken up for consideration together as they involve the same parties and arise out of the same contract and the claimant has been unseated by the orders in Arbitration Case No.6/2004 and No.7/2004. Both the appeals have been decided on the singular issue of limitation and the award has been set aside on the sole ground of limitation i.e. the first appellate Court has been pleased to hold that the Arbitrator has misconducted himself by entertaining time barred claims and awarding compensation/damages for the alleged losses suffered by the claimant who is the appellant before thi...
Tag this Judgment!Commissioner of Income-tax, Bangalore Vs. Associated Electronics and E ...
Court: Karnataka
Decided on: Dec-18-2015
1. This appeal is filed by the Revenue under section 260-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act', for short) challenging the Order passed by the Income Tax Appellate Tribunal, Bangalore Bench [B] dated 6.2.2009 for the Assessment Year 1996-97. 2. The facts in brief are that the Assessee was carrying on the business of manufacture and marketing of electrical appliances and the search was conducted in the premises of the Managing Director of the Company. During the search and survey proceedings, it was noticed that Rs. 3,99,75,400/- had been paid by M/s. Sharp Corporation, Japan to the Assessee-Company for the transfer of trademark 'SHARP' and the common law rights and goodwill accompanying it. In respect of Block Assessment 1988-89 to 1998-99, the entire amount of Rs. 3,99,75,400/- was brought to tax on substantive basis under the head 'capital gains'. The Assessing Officer brought to tax the entire amount of Rs. 3,99,75,400/- holding that under the Settlemen...
Tag this Judgment!The Commissioner of Income Tax Vs. M/S Associated Electronic and Elctr ...
Court: Karnataka
Decided on: Dec-18-2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF DECEMBER, 2015 PRESENT THE HONBLE MR JUSTICE VINEET SARAN AND THE HONBLE MRS JUSTICE S SUJATHA Income tax Appeal No.358/2009 THE DEPUTY COMMISSIONER OF INCOME-TAX COMPANY CIRCLE-4(1) (INV) C R BUILDING, QUEENS ROAD BANGALORE THE COMMISSIONER OF INCOME-TAX C R BUILDING,QUEENS ROAD BANGALORE. BETWEEN:1. 2. ( BY SRI K V ARAVIND, ADV.) AND M/S ASSOCIATED ELECTRONICS & ELECTRICAL INDUSTRIES (BANGALORE) PVT.LTD BRIGADE ROAD BANGALORE-560 001. ( BY SRI A SHANKAR, ADV. AND M LAVA,ADV.) ...APPELLANTS RESPONDENT THIS INCOME-TAX APPEAL IS FILED UNDER SECTION260A OF I.T.ACT, 1961, PRAYING TO SET ASIDE THE2ITAT BANGORE ORDER PASSED BY THE ITA NO.242/BANG/2000, DATED0602.2009 AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-4(1)(INV), BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY. IN THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR ORDERS ON14h DECEMBER, 2015, COMING ON FOR PRONOUNCEMENT OF JU...
Tag this Judgment!M. Veerabhadraiah Vs. The Union of India
Court: Karnataka
Decided on: Dec-18-2015
-:1. :- R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE18H DAY OF DECEMBER, 2015 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA W.P.No.36789/2014 (GM-RES-PIL) c/w W.P.No.35106/2014 (GM-RES-PIL) IN W.P.No.36789/2014 BETWEEN: M. VEERABHADRAIAH S/O LATE MALLAIAH, AGED ABOUT58YEARS, ADVOCATE, EN.NO.KAR/453/1986, HAVING OFFICE AT No.141, 1ST FLOOR, 13TH MAIN, 27TH CROSS, 3RD BLOCK EAST, JAYANAGAR, BANGALORE-560 011. ... PETITIONER (BY SRI: N.DEVHADASS, SENIOR COUNSEL FOR SRI. M.R. RAJAGOPAL, ADVOCATE) AND:1. THE UNION OF INDIA, BY ITS SECRETARY, MINISTRY OF LAW AND JUSTICE, SHASTHRI BHAVAN, A-WING, NEW DELHI-100 001.-.:2. :- 2.3. 4.5. 6.7. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF LAW AND PARLIAMENT AFFAIRS, VIDHANA SOUDHA, VIDHANA VEEDI, BANGALORE-560 001. THE REGISTRAR GENERAL, HONBLE HIGH COURT OF KARNATAKA, VIDHANA VEEDI, BANGALORE-560 001. THE BAR COUNCIL OF INDIA, BY ITS SECRETARY, LAL BAHADUR SH...
Tag this Judgment!Bank of Baroda Vs. The Income Tax Officer (Tds)
Court: Karnataka Dharwad
Decided on: Dec-18-2015
- 1 - R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE18h DAY OF DECEMBER, 2015 BEFORE THE HON'BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION Nos. 114181-184/2015 (T-IT) BETWEEN: BANK OF BARODA REP BY CHIEF MANAGER, BELAGAVI BRANCH, 1568, MARUTI GALLI, BELAGAVI-590002 (BY SRI. B S N PRASAD & SRI.H R KAMBIYAVAR, ADVOCATES) ... PETITIONER AND:1. 2. THE INCOME TAX OFFICER (TDS) FK COMMERCIAL COMPLEX, OPP DISTRICT HOSPITAL, DR.B.R.AMBEDKAR ROAD, BELAGAVI-560001 THE COMMISSIONER OF INCOME TAX (APPEALS) FK COMMERCIAL COMPLEX, OPP CIVIL HOSPITAL, DR.B.R.AMBEDKAR ROAD, BELAGAVI-560001 ... RESPONDENTS - 2 - THESE WRIT PETITIONS ARE FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE SECOND RESPONDENT TO CONSIDER THE PETITIONER's APPLICATIONS DATED:16.03.2015 ENCLOSED WITH THIS PETITION AS ANNEXURE-M, AND GRANT STAY OF RECOVERY OF THE DISPUTED DEMANDS FOR ASSESSMENT YEARS (AYs)2011-12 TO201415 UNTIL DISPOSAL OF THE APPEALS FILED BY THE PETITIONER...
Tag this Judgment!Dharmasthala Manjunatheshwara Vs. Bharati D/O Dr. H S Patil,
Court: Karnataka Dharwad
Decided on: Dec-18-2015
1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE18H DAY OF DECEMBER2015PRESENT THE HONBLE MR.JUSTICE S. ABDUL NAZEER AND THE HONBLE MR.JUSTICE P.S.DINESH KUMAR WRIT APPEAL No.100667/2015 (S-RES) Between:1. 2 3 Shri Dharmasthala Manjunatheshwara Education Society, Ujire, Dakshina Kannada District, Reptd. By its Secretary. S.D.M.E. Society (Dharwad Unit), Dhavalnagar, Sattur, Dharwad District, Reptd. By its Secretary. S.D.M.College of Engineering & Technology, Sattur, Dharwad District, Reptd. By its Principal. . Appellants. (By Sri S.S.Naganand, Sr. Adv. for Sri F.V.Patil, Adv.) And: Smt.Bharati, D/o Dr.H.S.Patil, Aged about 40 years, Occ;Asst. Librarian, R/o No.71, C.B.Nagar, Dharwad Tq. & Dist. (By Sri Anant P. Savadi, Adv.) 2 --- . Respondent. This Writ Appeal is filed under Section 4 of the High Courts Act, praying to set aside the order dated 15.9.2015 in W.P.No.102172/2015, etc. This Writ Appeal having been heard and reserved for Judgment, this day S.ABDUL NAZEER.J., ...
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