Karnataka Court December 2015 Judgments
Mr Francis Cyril C Cunha Vs. Smt Lydia Jane D Cunha
Court: Karnataka
Decided on: Dec-18-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF DECEMBER2015BEFORE THE HONBLE MR.JUSTICE A.V.CHANDRASHEKARA CRIMINAL REVISION PETITION NO.758 OF2015BETWEEN: MR. FRANCIS CYRIL C CUNHA AGED ABOUT52YEARS S/O SYLVESTER D/CUNHA RESIDING AT DEEPTHI COTTAGE KALLABETTU POST, GANTALKATTE MOODBIDRI, MANGALORE TALUK 515 006 ... PETITIONER (BY SRI.THARANATH POOJARY.I., ADV.) AND: SMT, LYDIA JANE DCUNHA AGED ABOUT42YEARS W/O FRANCES CYRIL DCUNHA RESIDING AT URPALPADE HOUSE KALLABETTU POST, MANGALORE TALUK 575 006 ... RESPONDENT (BY SRI. G.BALAKRSIHNA SHASTRI ) THIS CRL.RP IS FILED UNDER SECTION397READ WITH401CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED0402.2014 PASSED BY THE2S.J., D.K., MANGALORE PRINCIPAL IN CRL.A.NO.211/2013 UPHOLDING ORDER DATED2802.2013 PASSED BY THE C.J.AND J.M.F.C., MOODBIDRI, D.K., IN C.C.NO.327/2012 DISMISSING THE DISCHARGE APPLICATION FILED BY THE PETITIOENR FOR THE OFFENCE P/U/S31OF THE PROTECTION OF WOMEN AGAINST THE DOMESTIC VIOLENCE ACT AND D...
Tag this Judgment!Premanath Kakde Vs. Amarnath
Court: Karnataka
Decided on: Dec-18-2015
IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE18H DAY OF DECEMBER, 2015 :BEFORE: THE HONBLE MR.JUSTICE K.N. PHANEENDRA R.F.A NO.1393/2014 (DEC/INJ) ... APPELLANT BETWEEN PREMANATH KAKDE, S/O K.R.SWAMY RAO, 62 YRS., 72 FIRST FLOOR, NEW4H CROSS, 0LD1T CROSS, HANUMANTHAPPA LAYOUT, SULTHANPALYA, BANGALORE 560 032. (BY SRI.N.VASUDEVAN, ADV.) AND AMARNATH, S/O K.R.SWAMY RAO, 60 YRS., 72 GROUND FLOOR, NEW4H CROSS, OLD1T CROSS, HANUMANTHAPPA LAYOUT, SULTHANPALYA, BANGALORE 560 032 (BY SRI.AMARNATH, RESPONDENT SERVED.) ... RESPONDENT THIS RFA IS FILED U/S96OF CPC, AGAINST THE JUDGMENT AND DECREE DTD:23.6.2014 PASSED IN O.S.829/2006 ON THE FILE OF XLIII ADDITIONAL CITY CIVIL2AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR DECLARATION AND MANDATORY INJUNCTION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGEMENT The defendant/appellant herein has called in question the judgment and decree of the Trial Court passed in OS No.829/2006 da...
Tag this Judgment!Sharada URS and Another Vs. Bharthi URS Rani and Others
Court: Karnataka
Decided on: Dec-17-2015
(Prayer: This Criminal Appeal is filed under Section 372 Cr.P.C. praying to set aside the judgement and order of acquittal dt.27.05.10 passed by the P.O. FTC-I. Bengaluru in S.C.No. 489/04 Acquuitting the Respondents/Accused for the offence P/U/S 120-B, 302. 201 R/W 34 IPC.) 1. Being aggrieved by the judgment of acquittal rendered by the Fast Track Court-I, Bangalore City in SC No.489/2004, the above said two appeals have been preferred. 2. Criminal Appeal No.952/2010 is filed by the mother of the deceased (PW-3 before the Trial Court), whereas Criminal Appeal No.754/2010 has been preferred by the State. The Trial Court has acquitted the accused Nos.1 to 3 (Respondents 1 to 3) herein for the offences punishable under Section 120B, 302, 201 read with Section 34 of IPC vide judgment dated 27.3.2010. 3. At the preliminary stage, the respondents have raised an objection with regard to the maintainability of the appeal preferred by the mother of the deceased (PW- 3 before the trial court) b...
Tag this Judgment!Mrs Sharada Urs Vs. Bharthi Urs Rani W/O Late Mr M G Nagaraju
Court: Karnataka
Decided on: Dec-17-2015
1 IN THE HIGH COURT OF KARNATAKA,BENGALURU DATED THIS THE17H DAY OF DECEMBER, 2015 :PRESENT: THE HONBLE MR.JUSTICE H.BILLAPPA :AND: THE HONBLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL APPEAL NO.754/2010 CRIMINAL APPEAL NO.952/2010 C/W IN CRIMINAL APPEAL NO.754/2010 BETWEEN: MRS.SHARADA URS, W/O. LATE MR. JUSTICE M.P.CHANDRAKANTRAJ URS(RETD.), AGED ABOUT75YEARS, R/AT NO.1/2, PALACE ROAD, BANGALORE 560 001. ...APPELLANT (BY SRI.ADITHYA SONDHI, SR.COUNSEL FOR SRI.SRINIVAS.A.R. ADV., SRI.NARENDRA.P.R.ADV. SRI.KARAN JOSEPH, ADV.,) AND:1. BHARTHI URS RANI W/O. LATE MR. M.G. NAGARAJU, AGED ABOUT49YEARS, RESIDENT OF NO.16/11, BINNY CRESCENT CROSS ROAD, BENSON TOWN, BANGALORE 560 046. 2 2. T. MADHUKUMAR, S/O LATE D.THUKARAM, AGED ABOUT36YEARS, R/AT No.20, 3RD CROSS, SRIRAMPURAM, BANGALORE.3. I.N. CHANDRAKANTH, S/O. N.R.LAKSHMANARAO, AGED ABOUT31EARS, R/AT. No.2146, 2ND STAGE, RAJAJINAGAR, BANGALORE.4. STATE BY CENTRAL CRIME BRANCH, BENGALURU CITY. (BY SRI.C.V.NAGESH, SR.COUNSEL FOR R-1. SRI.HASMA...
Tag this Judgment!Sharada M W/O Subramanya Reddy, Vs. The Housing Commissioner,
Court: Karnataka Dharwad
Decided on: Dec-17-2015
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE17H DAY OF DECEMBER2015PRESENT THE HONBLE MR.JUSTICE S. ABDUL NAZEER AND THE HONBLE MR.JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.100122/2015 (GM-KHB) . Appellant. Between: Smt.Sharada M., W/o Subramanya Reddy, Aged about 53 years, R/a House No.10, KHB Colony, S.N.Pet, 1st Cross, Ballari. (By Smt.V.Vidya, Adv.) And:1. 2 The Housing Commissioner, Karnataka Housing Board, Cauvery Bhavan, Bengaluru. The Executive Engineer, Karnataka Housing Board, Satyanarayanpet, 1st Cross, Ballari. 2 3 The Assistant Executive Engineer, Karnataka Housing Board, Satyanarayanpet, 1st Cross, Ballari. (By Smt.Sharmila Patil, Adv.) --- . Respondents. This Writ Appeal is filed under Section 4 of the High in order aside the Courts Act, praying W.P.No.30914/2008 dated 19.1.2015, etc. set to This Writ Appeal having been heard and reserved for Judgment, this day S.ABDUL NAZEER. J., pronounced the following: JUDGMENT The appellant filed W.P.No.30914/2008 for ...
Tag this Judgment!Airport Authority Employees Union and Another Vs. Union of India and O ...
Court: Karnataka
Decided on: Dec-16-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned gazette notification dated 16.5.2008 which is at annexure-am as arbitrary, illegal, and non-set in law; declare the concession agreement dated 05.07.2004 which is at Annexure-ak and al as illegal, null and void; direct the 3rd respondent to operate the HAL Airport for Commercial Schedule Airlines operations; declare that transfer of IATA code by the 1st and 2nd Respondents as illegal and invalid and consequently restore the IATA code BLR to the Hal Airport and Direct the HAL Airport operations be handled only by the 3rd Respondent and not handed over to any other third party. This writ petition is filed under Articles 226 and 227 of the constitution of India praying of set aside the impugned order dated 04.07.2008 passed by the Hon'b;e MRTP commission, New Delhi in RPTE No.27/2008, which is Annexure-A to this petition; Declare the concession agreement dated 5th Jul...
Tag this Judgment!Nandi infrastructure Corridor Enterprises Limited and Other Vs. The St ...
Court: Karnataka
Decided on: Dec-16-2015
(Prayer: These writ Appeals are filed U/S 4 of the Karnataka High Court Act praying to set aside the order passed in the writ Petition 49399/14 and 52259-401/14 dated 12/12/14.) 1. In these appeals, the appellants are questioning the order dated 12.12.2014 passed by the learned single judge in writ petition Nos. 49399/2014 and 52259-52401/2014. 2. In writ petitions, the appellants prayed for a writ of mandamus, directing the respondent No. 1 to issue the Notifications superseding the Government Order FD. 07. CET. 09 dated 7.12.2011 exempting the whole of the tax payable by the first to third appellants and their sub-contractors under the provisions of the Karnataka Value Added Tax Act, 2003, (hereinafter referred to as the KVAT Actfor short) inter-alia challenging the re-assessment orders for the tax periods April 2005 to March 2009 and the consequent demand notices issued by the prescribed authority. 3. The appellants sought exemption from levy of value added tax as envisaged in the f...
Tag this Judgment!The Commissioner Hubballi-Dharwad Municipal Corporation and Others Vs. ...
Court: Karnataka Dharwad
Decided on: Dec-16-2015
(Prayer: This writ appeal is filed U/S. 4 of the Karnataka High Court Act, 1961, R/W. rule 27 of writ proceedings rules, 1977, praying to allow this writ appeal and to set aside the order dated 27.04.2015, passed by single Judge, High Court in WP.No.111122/2014.) 1. Municipal Corporation of Hubballi “ Dharwad has presented this appeal challenging the order of learned single Judge dated 27.4.2015 in W. P. NO 111122/2014. 2. State Government passed an order on 13.10.2010 increasing pension under different slabs to the Government Servants who retired on or after 1.7.1993 and attained age of 80 and above. 3. Respondent born on 1.5.1935 and a retired Assistant Engineer sought the benefit of the said G.O. His request made on 10.10.2014 was rejected by the appellant vide order dated 28.10.2014 on the ground that he was ineligible for 20% additional pension till he attained the age of 80. He challenged the said order of rejection in the instant writ petition, which is allowed on the prem...
Tag this Judgment!Sri Hariram Hotels (P) Ltd. Vs. Commissioner of Income-Tax(III), Banga ...
Court: Karnataka
Decided on: Dec-16-2015
(Prayer: This appeal is filed under Section 260-A of I.T. Act, 1961 Praying to set aside the order passed by the ITAT Bangalore IN ITA No.1012/BNG/2007, dated 07/10/2008 confirm the orders of CIT (A) and the assessing authority in the interest of justice.) 1. This appeal is directed against the order of the Income Tax Appellate Tribunal, Bangalore Bench "A" relating to the assessment year 2003-04. 2. The appeal was admitted to consider the following substantial question of law: "Whether on the facts and circumstances of the case, the Tribunal is justified in holding that the income from capital gain should be included for the purpose of computing Book Profit under Section 115JB of the Income Tax Act, 1961?" 3. Facts in brief are: The appellant/company was incorporated on 3.2.1992 with an object to commence business of running a hotel. It transpires that for this purpose, it had purchased a land measuring 2 acres 32 guntas at Mahadevapura through public auction from the appropriate auth...
Tag this Judgment!M/s. Pearson India Education Service Pvt.Ltd. Vs. M/s. New Rubric Solu ...
Court: Karnataka
Decided on: Dec-16-2015
(Prayer: MFA No.6065/2015 and MFA No.6066/2015 filed U/O 43 Rule 1(r) of CPC, against the order dated:29.07.2015 passed on IA Nos.3 and 4 respectively in O.S No.4899/2015 on the file of the XVIII Additional City Civil and Sessions Judge, at Bengaluru City, allowing IA Nos.3 and 4 filed U/O 39 Rule 1 and 2 R/W Sec.151 of CPC.) 1. M.F.A.No.6065/2015 has been filed challenging the order dated 29.7.2015 passed in O.S.4899/2015 allowing I.A.No.3. M.F.A.No.6066/2015 has been filed challenging the order dated 29.7.2015 passed in O.S.4899/2015 allowing I.A.No.4. 2. Since common questions of law and facts are involved, both these appeals are clubbed, heard together and are disposed of by this common judgment. 3. These Appeals are filed by the defendant in O.S.No.4899/2015 challenging the order dated 29.07.2015 granting temporary injunction restraining it from using or referring in any manner, the test results of Kaleido in any press releases, public announcements, promotional or other materials...
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