Karnataka Court February 2015 Judgments
M.V. Narayan Vs. S. Suguna and Others
Court: Karnataka
Decided on: Feb-19-2015
(Prayer: MSA Filed Under Sec.104 R/W Order Xliii Rule 1(U) Of Cpc., Against The Judgment And Decree Dated 25.1.2014 Passed In R.A.No.195/2013 On The File Of The Prl. District Judge, Bangalore Rural District, Bangalore, Allowing The Appeal And Setting Aside The Order Dated 5.7.2013 Passed In O.S.No.305/2011 On The File Of The Senior Civil Judge And Jmfc., Nelamangala, Restoring The Suit To The File Of The Court Below, For Disposal In Accordance With Law.) 1. The present appeal filed under Order XLIII Rule 1(u), C.P.C. by this appellant is directed against the final order passed in R.A.195/13 dated 25.1.2014 which was pending on the file of Principal District Judge, Bangalore Rural. 2. Appellant herein is the 5th defendant in O.S.305/11. The 1st respondent herein is the lone plaintiff in the said suit. The remaining respondents are defendants 1 to 4 in the said suit. Parties shall be referred to as plaintiff and defendants as per their ranking in the trial court. 3. Plaintiff is the gran...
Tag this Judgment!United Spirits Limited Vs. Nil
Court: Karnataka
Decided on: Feb-19-2015
(Prayer: This Company petition is filed under Sections 391 to 394 of the Companies Act, 1956 praying to sanction the Scheme of Arrangement (Annexure-A) so as to be binding on petitioner company and its equity shareholders and secured and unsecured creditors; etc.,) 1. This petition is filed seeking for sanction of the scheme of arrangement vide Annexure-A to the petition. The petitioner is the transferor company which was incorporated on 31st March, 1999 under the name and style McDowell Spirits Limited. The name of the Company was subsequently changed as McDowell and Company Ltd. vide Fresh Certificate of Incorporation dated 12th April, 2001 and to the present name vide Fresh Certificate of Incorporation dated 17th October, 2006. The main objects of the petitioner Company is to manufacture alcohol, rectified spirit, potable and industrial alcohol, to manufacture brew, distill blend, compound, prepare, process, render potable or marketable all sorts of liquors, wines spirits and beers,...
Tag this Judgment!S.M. Vijayakumar and Another Vs. The State Of Karnataka, By Police Ins ...
Court: Karnataka
Decided on: Feb-19-2015
(Prayer: This Crl.A Is Filed U/S 374(2) Cr.P.C Praying To Set Aside The Judgment And Order Of Conviction Of Sentence Imposed On The Appellant In Special Case No.63/04 Dated 8.9.2009 On The File Of The Principal Sessions Judge, Bangalore Rural District, Bangalore And Etc. This Crl.A. Is Filed U/S.377 Cr.P.C Praying To Grant Leave To File An Appeal Against The Judgement Dt.8/9/2009 Passed By The Learned Prl. S.J. Bangalore Rural Dist., Bangalore, In Spl.Case No.63/2004 Thereby Imposing Inadequate Sentence For The Offences P/U/S 7 R/W 13(2) Of The P.C. Act.) 1. Since these two appeals are arising out of the common judgment and since common questions of law and facts are involved in both the appeals, they have been taken up together to dispose of them by common judgment. 2. Crl.Appeal No.764/2009 is preferred by the appellant/accused being aggrieved by the judgment of conviction passed by the Prl.District and Sessions Judge, Bangalore Rural District in Spl.Case No.63/2004 dated 08.09.2009....
Tag this Judgment!M/s. Sharma Furniture and Interior Decorator Vs. The Addl. Commissione ...
Court: Karnataka
Decided on: Feb-19-2015
(Prayer: These Appeals Are Filed Under Sec.66(1) Of The Karnataka Value Added Tax Act, 2003 Against The Order Dated 6.2.2012 Passed In N0.Smr/Kvat/Dv0.4/Cr. 14/2011-12 On The File Of The Addl. Commissioner Of Commercial Taxes, Zone-Ii, Bangalore, Setting Aside The Order Of Appeal Passed By The Joint Commissioner Of Commercial Taxes (Appeals)-2, Bangalore Vide Vat Ap.No.522 To 524/2009-10 Dated 10.12.2009 Restoring The Order Of Re-Assessments Passed Under Sec. 39(1) Of The Act By The Deputy Commissioner Of Commercial Taxes (Audit)-41, Bangalore Dated 24.7.2009.) 1. Though the matter is listed for Admission, with consent of learned Counsel for the parties, it is taken up for final disposal. 2. The present appeals relate to the assessment period March 2005. March 2006 and March 2007. 3. Briefly, the facts of this case are : That an inspection was carried out at the business premises of the appellant on 31.01.2008. At the time of inspection, it was reported that the appellant had effected ...
Tag this Judgment!Puttalinganagouda @ Veeranagouda B Patil Vs. The Union of India
Court: Karnataka Dharwad
Decided on: Feb-19-2015
1 IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH, DHARWAD DATED THIS THE19h DAY OF FEBRUARY2015BEFORE: THE HONBLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.83569 OF2013(GM-RES) BETWEEN:1. Puttalinganagouda @ Veeranagouda B Patil, Since deceased by his Legal Representatives 1A. Smt. Kanakavva, Wife of Late Puttalinganagouda @ Veeranagouda B Patil, Age:85. years, Occupation: House Wife and Agriculture, Resident of Servikeri Oni, Hangal, Taluk: Hangal, District: Haveri. Doddabasavanagouda V Patil, Age:55. years, Occupation: Agriculture, Resident of Servikeri Oni, Hangal, Taluk: Hangal, 2. 2 District: Haveri. PETITIONERS Fakkiragouda Veeranagouda B Patil Age:64. years, Occupation: Advocate and Agriculture, Resident of No.459, 2nd Cross, 4th Main, near Vidyagiri Police Station, Dharwad.-04. [cause title amended As per the Court order Dated:18. 8.2014].3. (By Shri. S.S.Nagananda, Senior Advocate and Shri. Vijayendra Bhimakkanavar, Advocate) AND:1. 2.3. Smt. Parvathamma B Muttalli, Age:6...
Tag this Judgment!United Spirits Limited Vs. Nil
Court: Karnataka
Decided on: Feb-19-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE19H DAY OF FEBRUARY2015BEFORE THE HONBLE MR.JUSTICE RAVI MALIMATH COMPANY PETITION NO.170 OF2014BETWEEN: United Spirits Limited UB Tower #24, Vittal Mallya Road, Bengaluru 560 001. PETITIONER (By Sri Vivek Holla, Advocate for M/s.Holla & Holla, Advocates) AND: NIL (By Smt.Sowbhagya N.A., CGC for ROC) RESPONDENT ***** This Company petition is filed under Sections 391 to 394 of the Companies Act, 1956 praying to sanction the Scheme of Arrangement (Annexure-A) so as to be binding on petitioner company and its equity shareholders and secured and unsecured creditors; etc., 2 This Company petition coming on for orders this day, the Court made the following: ORDER This petition is filed seeking for sanction of the scheme of arrangement vide Annexure-A to the petition. The petitioner is the transferor company which was incorporated on 31st March, 1999 under the name and style McDowell Spirits Limited. The name of the Company was subsequent...
Tag this Judgment!M/S Sharma Furniture And Vs. The Addl Commissioner
Court: Karnataka
Decided on: Feb-19-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF FEBRUARY2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MRS.JUSTICE S SUJATHA STA NO.35/2012 AND STA NOS.130-131/2012 BETWEEN M/S SHARMA FURNITURE AND INTERIOR DECORATOR, NO.5, HOSUR MAIN ROAD, OPP. THE FORUM BANGALORE56002 ... APPELLANT (BY SRI ARVIND KAMATH FOR KAMATH & KAMATH) AND THE ADDL COMMISSIONER OF COMMERCIAL TAXES ZONE-II, VANIJYA TERIGE KARYALAYA-1, 605, 6TH FLOOR, GANDHINAGAR, BANGALORE-560009 ... RESPONDENT (BY SRI T.K.VEDAMURTHY, HCGP) THESE APPEALS ARE FILED UNDER SEC.66(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE ORDER DATED62.2012 PASSED IN NO.SMR/KVAT/DVO.4/CR.14/2011-12 ON THE FILE OF THE ADDL. COMMISSIONER OF COMMERCIAL TAXES, ZONE-II, BANGALORE, SETTING ASIDE THE ORDER OF APPEAL PASSED BY THE JOINT COMMISSIONER OF2COMMERCIAL TAXES (APPEALS)-2, BANGALORE VIDE VAT AP.NO.522 TO5242009-10 DATED1012.2009 RESTORING THE ORDER OF RE-ASSESSMENTS PASSED UNDER SEC.39(1) OF TH...
Tag this Judgment!M/s. Raviraj Enterprises A Partnership Firm Vs. The Commissioner Of Ex ...
Court: Karnataka Dharwad
Decided on: Feb-18-2015
(Prayer: This Writ Petition Is Filed Under Articles 226 and 227 Of Constitution Of India Praying This Hon'ble Court To: Quash The Impugned Order Dated 10-02-2015 Passed By The Karnataka Appellate Tribunal In Appeal No. 21/2015 Vide Annexure-F.) 1. Challenge in this petition is to an order passed dismissing I.A.No.1 by the Karnataka Appellate Tribunal (for short 'the Tribunal'), in an appeal filed under Section 61(3) of the Karnataka Excise Act, 1965. 2. Background facts in a nutshell are as follows: The petitioner is a CL-2 licencee. Alleging that the business premises of the petitioner is within objectionable distance from a certain institution, a show cause notice was issued by the 2nd respondent, as to why he should not be directed to shift the business to some other premises. A reply was submitted stating that the rigour of Rule 5 may be relaxed, since he has been carrying on the business in the same place for several years and that power conferred on the authority to relax the app...
Tag this Judgment!Naga @ Nagarajegouda Amasegouda and Others Vs. The State of Karnataka
Court: Karnataka Dharwad
Decided on: Feb-18-2015
(Prayer: This Criminal Appeal Is Filed U/S 374(2)Cr.P.C. Seeking To Set Aside The Judgment Of Conviction And Order Of Sentence Dated 26.03.2010, Passed By Sessions Judge And Fast Track Court Iv, Belgaum In S.C.No.275/2008 And Thereby Convicting The Appellants And Sentencing Them To Undergo Rigorous Imprisonment For 10 Years Each And To Pay Fine Of Rs.25,000/- Each And In Default To Pay Fine To Undergo Simple Imprisonment For 1 Year For The Offence U/S 395 Of Ipc.) 1. The appellants herein are the accused Nos.1 to 4 in S.C.No.275/2008 on the file of the Sessions Judge, Fast Track - 4, Belgaum. They are convicted for the offences punishable under Section 395 of IPC. 2. Briefly stated, on 01.12.2006, while the manager and his staff of State Bank of India, Chennammanagar Branch, Belgaum, were on their duty, at 10.30 a.m., 7 to 8 persons, posing themselves as customers entered the said bank; by wielding Pistol, Revolver and Chopper they demanded cash and dragged all the staff and the custom...
Tag this Judgment!The Karnataka Power Transmission Corporation Limited, rep. by its Comp ...
Court: Karnataka
Decided on: Feb-18-2015
(Prayer: This Writ Appeal is filed u/s 4 of the Karnataka High Court act praying to set aside the order passed in the Writ Petition No.43006/1 dated 22/09/2012.) K.L. Manjunath, J. 1. Legality and correctness of the order passed by the learned Single Judge on 22.9.2012 is called in question in this appeal by the Appellant Corporation. 2. Heard Sri S.S. Ramadas, learned Sr. counsel for the appellant and learned counsel appearing for the first respondent. 3. The facts leading to this appeal is as under:- The first respondent was working as Junior Engineer in the Appellant Corporation. On 21.11.1992 a trap was laid by the Lokayuktha alleging that respondent No.1 demanded a sum of Rs.100/- as bribe from one K.P. Ramalingaiah for showing official favour to him. Based on the trap on 21.11.92 and the report of the Inspector General of Police of Lokayuktha , the first respondent was kept under suspension with effect from 14.12.92 pending consideration of the departmental enquiry. The appella...
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