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Karnataka Court December 2015 Judgments

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Dec 15 2015

Lahar Singh Siroya Vs. The Assistant Commissioner of Income Tax

Court: Karnataka

Decided on: Dec-15-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF DECEMBER2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MRS.JUSTICE S SUJATHA ITA NO.169/2010 .APPELLANT BETWEEN SHRI LAHAR SINGH SIROYA NO.145, 9TH CROSS, 3RD MAIN RMV EXTENSION, 2ND STAGE DOLLARS COLONY BANGALORE. (BY SRI A SHANKAR, ADV. & M LAVA, ADV.) AND THE ASSISTANT COMMISSIONER OF INCOME-TAX CIRCLE-8(1), LIC BUILDING11, SAMPIGE ROAD MALLESHWARAM, BANGALORE-560 003 RESPONDENT (BY SRI JEEVAN J NEERALGI, ADV.) THIS APPEAL FILED UNDER SECTION.260-A OF I.T.ACT, 1961, PRAYING TO SET ASIDE THE ORDER IN PASSED BY ITA ITAT BANGALORE NO.705/BNG/2009, DATED1812.2009, IN THE INTEREST OF JUSTICE AND EQUITY. DAY, VINEET SARAN J., DELIVERED THE FOLLOWING: THIS APPEAL COMING ON FOR ADMISSION THIS THE2JUDGMENT This appeal is filed by the assessee challenging the order of the Income Tax Appellate Tribunal (ITAT) relating to the assessment year 2006-07.2. The brief facts are that by an agreement dated 1.4.1995 t...


Dec 15 2015

The Manager, National Insurance Company Ltd., Vs. Shruthi v a W/O Late ...

Court: Karnataka Dharwad

Decided on: Dec-15-2015

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE15H DAY OF DECEMBER2015PRESENT THE HONBLE MR. JUSTICE S. ABDUL NAZEER AND THE HONBLE MR. JUSTICE P.S. DINESH KUMAR M.F.A.No.24620/2012 C/W M.F.A.No.24380/2012 (MV) IN MFA NO24620OF2012BETWEEN THE MANAGER, NATIONAL INSURANCE COMPANY LTD., NO.13/C, DOOR NO.22/18, MAIN ROAD, PARVATI NAGAR, BELLARY REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE ARIHANT PLAZA, KUSUGAL ROAD KESHWAPUR, HUBLI-580023 ... APPELLANT (BY SRI. S K KAYAKAMATH, ADV.) AND1 2. SHRUTHI V A W/O LATE SHAILESH AGE:25. YEARS, OCC: HOUSEWIFE SURESH M UKKALI S/O C MALLIKARJUN UKKALI AGE:56. YEARS3 4.5. :2. : UMA S UKKALI W/O SURESH M UKKALI AGE:53. YEARS ALL ARE R/O S M UKKALI, SAI VIGNESHWAR SADANA SECTOR NO.33, H.NO.290-A, NAVA NAGAR BAGALKOT-587102 SURESH RAJU S/O RAM MURTHY AGE: MAJOR, DRIVER OF THE TRACTOR AND TRAILER BEARING REGISTRATION NO.ATS901& 4497(HMV), R/O.NO.5-25/54, RAMACHANDRA NAGAR, GAJUWAKA, VISAKPAATNAM (ANDHRA PRADESH) R RAM MURTHY S/O...


Dec 14 2015

The Commissioner of Income Tax, C.R. Building and Another Vs. Karnatak ...

Court: Karnataka Dharwad

Decided on: Dec-14-2015

(Prayers: This ITA Filed U/Sec. 260 A of the Income Tax Act, 1961 against order passed in ITA. No.112/Bang/2012 on the file of the Income Tax Appellate Tribunal, Bangalore Bench C ?, The Appeal filed by the Assessee for the Assessment Year 2008-09 is dismissed. This ITA filed U/Sec.260A of the Income Tax Act, 1961 against order passed in ITA. No.226/Bang/2012, dated 28.11.13 on the file of the Income Tax Appellate Tribunal Bangalore Bench C ?, the revenue appeal for the Assessment Year 2008-09 is hereby dismissed.) 1. Though these two appeals are listed for admission, with consent of learned Counsel for the parties, they are taken up for final disposal. 2. Both appeals have been presented by the Revenue challenging the common order dated 28.11.2013 passed by the Income Tax Appellate Tribunal, Bengaluru Bench C in ITA No.112/BANG/2012 and ITA No.226/BANG/2012 raising the following substantial questions of law:- 1. Whether on the facts and circumstances of the case and in law the Tribuna...


Dec 14 2015

Vishnu Walmiki Vs. The State of Karnataka and Another

Court: Karnataka Dharwad

Decided on: Dec-14-2015

(Prayer: This petition is filed under Section 482 of Cr.P.C. seeking to quash the FIR Registered On 12.10.2015 in Crime No. 115/2015 of Gokul Road Police Station for the offence punishable under Section 124(A) of IPC and etc.) 1. This is a petition filed by the petitioner-accused under Section 482 of Cr.P.C. seeking to quash the proceedings registered for the offence punishable u/S 124(A) of IPC in respondent Police Station Crime No. 115/2015. 2. Brief facts of the case as pleaded in the petition are that, petitioner nos.1 and 2 are employee and employer. Petitioner is a sincere and bonafide driver serving in the respondent Management. There has been small and trivial dispute between them. For settling the dispute the higher authority demanded bribe which has been denied by the petitioner. On coming to know the silent nature of higher officers of his department regarding his cry over corrupt practice the petitioner has made to bring letters for early disposal of his pending case. Inspi...


Dec 14 2015

The Commissioner of Income Tax Vs. Karnataka Vikas Grameen Bank

Court: Karnataka Dharwad

Decided on: Dec-14-2015

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE14H DAY OF DECEMBER2015PRESENT THE HONBLE MR.JUSTICE S. ABDUL NAZEER AND THE HONBLE MR.JUSTICE P.S.DINESH KUMAR ITA NO.100014/2014 c/w. ITA NO.100013/2014 IN ITA NO.100014/2014: BETWEEN THE COMMISSIONER OF INCOME TAX C R BUILDING, NAVANAGAR HUBLI ASST. COMMISSIONER OF INCOME TAX CIRCLE21), HUBLI ... APPELLANTS (By Sri Y V RAVIRAJ, ADV.,) 1.2. AND KARNATAKA VIKAS GRAMEEN BANK HEAD OFFICE, BELGAUM ROAD DHARWAD ... RESPONDENT (By Sri A SHANKAR, ADV.,) 2 1961 AGAINST THIS ITA FILED U/SEC.260A OF THE INCOME-TAX ACT, IN ITA.NO.112/BANG/2012 ON THE FILE OF THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH "C", THE APPEAL FILED BY THE ASSESSEE FOR THE ASSESSMENT YEAR200809 IS DISMISSED. PASSED ORDER IN ITA NO.100013/2014: BETWEEN THE COMMISSIONER OF INCOME TAX C R BUILDING, NAVANAGAR HUBLI ASST. COMMISSIONER OF INCOME TAX CIRCLE21), HUBLI ... APPELLANTS (By Sri Y V RAVIRAJ, ADV.,) 1.2. AND KARNATAKA VIKAS GRAMEEN BANK HEAD OFFICE, BE...


Dec 14 2015

Ghudusab Vs. Ghudusab Imamsab Burdi

Court: Karnataka Dharwad

Decided on: Dec-14-2015

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH R DATED THIS THE14H DAY OF DECEMBER2015BEFORE THE HONBLE MR. JUSTICE S.N. SATYANARAYANA RSA No.390/1996 (PAR) BETWEEN:1. 2.3. GHUDUSAB @ GOUSEMOHIDDIN AMINSAB BURDI, AGED ABOUT45YEARS, OCC: GOVERNMENT SERVICE, R/O KONNUR VILLAGE, TALUK NARAGUND, DIST: DHARWAD. MOULSAB AMINSAB BURDI, AGED ABOUT37YEARS, OCC: AGRICULTURE, R/O KONNUR VILLAGE, TALUK NARAGUND, DIST: DHARWAD. MOHAMMAD ALI AMINSAB BURDI, AGED ABOUT33YEARS, OCC: STUDENT, R/O KONNUR VILLAGE, TALUK NARAGUND, DIST: DHARWAD (BY SRI.RAJASHEKHAR R. GUNJALLI, ADV.) .. APPELLANTS AND:1. GHUDUSAB IMAMSAB BURDI, (SINCE DECEASED BY LRS) 1(a) ABIDA BEGUM KONNUR URF BURDI, W/O SHRI GHUDUSAB IMAMSAB BURDI, AGED ABOUT69YEARS, NO.4, SUBHASH NAGAR, KESHWAPUR, HUBLI, DIST: DHARWAD. 2 1(b) ANIS AHMED GHUDUSAB KONNUR URF BURDI, S/O SHRI GHUDUSAB IMAMSAB BURDI, NO.4, SUBHASH NAGAR, KESHWAPUR, HUBLI, DIST: DHARWAD. 1(c) FIRDOS GHUDUSAB KONNUR URF BURDI, S/O SHRI GHUDUSAB IMAMSAB BURDI, (DIED ON1402.2012)...


Dec 11 2015

Maria Loraine Lydia Vs. Rajiv Gandhi University of Health

Court: Karnataka

Decided on: Dec-11-2015

- 1 - WP No.52822/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE11H DAY OF DECEMBER2015BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.52822/2015 (EDN-RES) R BETWEEN: MARIA LORAINE LYDIA D/O DAVID B AGED ABOUT19YEARS I MBBS, FATHER MULLERS MEDICAL COLLEGE KANKANADY, MANGALURU-575 002 (BY SRI AJOY KUMAR PATIL, ADVOCATE) AND:1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR BENGALURU-560 041 REPRESENTED BY ITS REGISTAR ...PETITIONER2 THE REGISTRAR (EVALUATION) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES4H T BLOCK, JAYANAGAR BENGALURU-560 041 ... RESPONDENTS (BY SRI N.K.RAMESH, ADVOCATE ) THIS WRIT PETITION IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 UNIVERSITY TO AWARD ADDITIONAL MARKS TO THE ANSWER GIVEN BY THE PETITIONER FOR QUESTION NO.9 OF BIO CHEMISTRY THEORY PAPER-II AS PER THE ANSWER SCRIPT AT ANNX-D IN THE I MBBS EXAMINATION IN THE SUBJECT OF BIO CHEMISTRY THEORY PAPER-II CONDUCTED BY THE R-1 UNIVER...


Dec 10 2015

The President, Family Planning Association of India and Another Vs. In ...

Court: Karnataka

Decided on: Dec-10-2015

(Prayer: This Writ Appeal is filed under Section 4 of the High Courts Act, praying to set aside the impugned order in W.P.No.104050/2014 dated 24.7.2014 passed by the learned Single Judge of this Hon'ble Court, etc.) 1. This appeal is directed against the order in W.P.No.104050/2014 dated 24.7.2014 whereby the learned Single Judge has directed the appellants to pay gratuity to respondent Nos.3 and 4 from the date of their initial appointment till 9.10.2003 with interest at 10% per annum. 2. Respondent Nos.3 and 4 were appointed as Family Planning Feed Worker ('FPFW' for short) and Auxiliary Nursery Midwives ('ANM' for short) respectively at Urban Family Welfare Centre No.2, Dharwad, run by the Family Planning Association of India, appellant No.1 herein. The Dharwad Branch of Family Planning Association of India was taken over by the Indian Red Cross Society, the first respondent herein along with the staff of the Centre vide Government Order at Annexure 'F' dated 6.9.2003. The entire U...


Dec 10 2015

T.S. Darshan Vs. The State of Karnataka, Bangalore

Court: Karnataka

Decided on: Dec-10-2015

(Prayer: Crl.P filed U/s.438 Cr.P.C by the advocate for the petitioner praying that this Hon'ble court may be pleased to enlarge the petr. on bail in the event of their arrest in Cr.No.1938/2015 of madivalal P.S., benagaluru for the offence P/U/s 26 of juvenile justice act and etc.) 1. The present bail application is filed under Section 438, Cr.P.C. seeking anticipatory bail relating to a criminal case in Crime No.1938/15 on the file of the respondent-Madivala police station, a case registered under Section 26 of the Juvenile Justice Act, 2000, (hereinafter referred to as the Act, for brevity). 2. The allegation against the petitioner is that he is running a bakery and sweet stall and had engaged minor children to work in the said bakery and the work so done by the minor children was hazardous in nature. It is alleged that the children employed by the petitioner were below the age of 16 years and they were made to work right from the morning till night, and the atmosphere was not conge...


Dec 10 2015

The President Vs. Indian Red Cross Society

Court: Karnataka Dharwad

Decided on: Dec-10-2015

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10H DAY OF DECEMBER2015PRESENT THE HONBLE MR.JUSTICE S. ABDUL NAZEER AND THE HONBLE MR.JUSTICE BUDIHAL R.B. WRIT APPEAL NO.100121/2015 (L-PG) Between:1. 2 The President, Family Planning Association of India, Dharwad Branch, Yemmikeri, Dharwad. The Secretary, General Family Planning Association of India, Headquarters, 1st Floor, Bajaj Bhavan, Nariman Point, Mumbai. . Appellants. (By Sri Prakash S. Udikeri, Adv.) And:1. Indian Red Cross Society, Dharwad Branch, Station Road, Sali Photo Studio, Ground Floor, Dharwad, By its Secretary. 2 2 3 4 5 Basavaraj, S/o Channappa Devagiri, Aged about 64 years, Occ;Retd. R/o Dundi Oni, Hosayellapur, Dharwad. Mani Mahindralal Nayyar, aged about 64 years, occ; Retd., R/o Ramadatta Apartment, B Block, 2nd Floor, H.No.3, Keshwapur, Hubballi. Appellate Authority U/Payment of Gratuity Act and Regional Labour Commissioner, Central, Shramsadan, 3rd Cross, 3rd Main, 2nd Phase, Tumkur Road, Yeshwanthp...


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