Karnataka Court March 2015 Judgments
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State by Nanjangud Town Police Vs. S.B. Mahadevakumar
Court: Karnataka
Decided on: Mar-04-2015
(Prayer: This Criminal Appeal is filed under Section 378(1) and (3) of Cr.P.C praying to grant leave to file an appeal against the judgment and order of acquittal dated 26.08.2011 passed by the Fast Track Court-I, Mysore in S.C.No.120/2010 acquitting the respondent/accused for the offences punishable under Sections 363, 302 and Section 201 of Indian Penal Code and to set aside the said judgment and order of acquittal. This Criminal Appeal is filed under Section 372 Cr.P.C praying to set aside the order dated 26.08.2011 passed by Fast Track Court-I, Mysore in S.C.No.120/2010 and convict the respondent No.1/accused for the offence punishable under Sections 363, 302 and 201 of Indian Penal Code.) Mohan M. Shantanagoudar J. 1. Questioning the Judgment and Order of acquittal dated 26.8.2011 passed by the Fast Track Court-I, Mysore in S.C. No.120/2010, the State has filed Criminal Appeal No.1302/2011 and the original complainant (PW.2) has filed Criminal Appeal No.963/201. Since both the app...
Commissioner Of Central Excise, Bangalore Vs. M/s. Flextronics Technol ...
Court: Karnataka
Decided on: Mar-04-2015
(Prayer: This CEA Is Filed Under Section 35h Of The Central Excise Act, 1944 Arising Out Of Order Dated 13/08/2010 Passed In Final Order No. 1119/2010, Praying That This Hon'ble Court May Be Pleased To: I.The Demand Of Interest Under Rule 12 Of CCR, 2002 Read With Section 11 AB Of The CEA, 1944 And Etc.) 1. This appeal is filed by the Department challenging the order passed by the Customs, Excise and Service Tax Appellate Tribunal dated 13.08.2010, vacating the levy of penalty of Rs. 6,00,000/- imposed by the Commissioner of Central Excise. 2. The brief facts of the r-s.se are that: The assessee is engaged in manufacture and clearance of excisable goods viz., PCB Assemblies, TV tuners, Set-top boxes under Chapter 85 of the Schedule to Central Excise Tariff Act, 1985, and are also availing benefit of Cenvat Credit facility under Cenvat Credit Rules. It was noticed by the Department that there was irregular availment of Cenvat credit by the assessee and after passing adjudication proceed...
Dr.H.T. Aravinda Rao Vs. P. Devdas Shetty and Another
Court: Karnataka
Decided on: Mar-04-2015
(Prayer: This Crl. Petition Is Filed U/S.482 Cr.P.C. Praying To Quash The Order Dt:24.3.09 Made In Crl.R.P.No.131/08 Passed By The II Addl.S.J., D.K,, Mangalore And The Order Dt:25.07.09 Made In P.C.No.196/07 By The Court Of JMFC (II Court), Mangalore, D.K., And Quash The Entire Proceedings In The Said Case Pending As Against The Petitioner.) 1. This petition is preferred impugning an order dated 24.03.2009 passed by the II Addl. Sessions Judge, D.K. Mangaluru, whereby Criminal Revision Petition 131/2008 filed by respondent No.1 herein was allowed. 2. Brief facts necessary for disposal of this petition are that, respondent No.1 filed private complaint under 3.200 Cr.P.C. against the petitioner and seven others, for the offences punishable under Ss.434, 447, 427 read with Ss.34 and 109 of IPC. Learned Magistrate after recording sworn statement of the complainant, by an order dated 27.03.2008 dismissed the complaint. Feeling aggrieved, Crl.R.P. 131/2008 was filed in the Sessions Court, D...
State by Nanjangud Town Police Vs. s.b. Mahadevakumar
Court: Karnataka
Decided on: Mar-04-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE4h DAY OF MARCH, 2015 PRESENT THE HONBLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR AND THE HONBLE MR. JUSTICE PRADEEP D. WAINGANKAR Criminal Appeal No.1302/2011 c/w Criminal Appeal No.963/2011 In Criminal Appeal No.1302/2011: BETWEEN: State by Nanjangud Town Police (By Sri B.Visweswaraiah, HCGP.,) AND : ..Appellant S.B. Mahadevakumar S/o D.M. Basavaraju Aged about 31 years Shagya Village, Kollegal Taluk, now residing at 2 Devirammanahalli Layout Nanjangud Town (By Sri Chandrashekar R.P., Adv., for Sri C.H.Hanumantharaya., Adv.,) ..Respondent This Criminal Appeal is filed under Section 378(1) & (3) of Cr.P.C praying to grant leave to file an appeal against the judgment and order of acquittal dated 26.08.2011 passed by the Fast Track Court-I, Mysore in S.C.No.120/2010 acquitting the respondent/accused for the offences punishable under Sections 363, 302 and Section 201 of Indian Penal Code and to set aside the said judgment and order...
Commissioner of Central Excise Vs. M/S Flextronics Technologies (India ...
Court: Karnataka
Decided on: Mar-04-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE4H DAY OF MARCH2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MRS.JUSTICE S SUJATHA CEA NO.8 OF2011BETWEEN COMMISSIONER OF CENTRAL EXCISE BANGALORE560001 COMMISSIONERATE BANGALORE560001. ... APPELLANT (BY SRI M V CHANDRA SHEKARA, ADV.) AND M/S FLEXTRONICS TECHNOLOGIES (INDIA) PRIVATE LIMITED NO.88 A, ELECTRONICS CITY HOSUR ROAD, BANGALORE REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENT THIS CEA IS FILED UNDER SECTION35 OF THE CENTRAL EXCISE ACT, 1944 ARISING OUT OF ORDER DATED1308/2010 PASSED IN FINAL ORDER NO.1119/2010, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I.THE DEMAND OF INTEREST UNDER RULE12OF CCR, 2 2002 READ WITH SECTION11AB OF THE CEA, 1944 AND ETC. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, S SUJATHA J., DELIVERED THE FOLLOWING: JUDGMENT This appeal is filed by the Department challenging the order passed by the Customs, Excise and Service Tax Appellate Tribunal dated 13.08.2010, va...
Dr Aravinda Rao H T S/O H T Srimathi Rao Vs. P Devdas Shetty S/O Late ...
Court: Karnataka
Decided on: Mar-04-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE4H DAY OF MARCH, 2015 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.3344/2011 BETWEEN Dr.ARAVINDA RAO H.T. S/O H.T.SRIMATHI RAO MAJOR, R/A NEAR NAVNEETH HOTEL, M G ROAD, KODIABAIL, MANGALORE-3 ... PETITIONER (BY SRI S.VISHWAJITH SHETTY, ADV.) AND1 P.DEVDAS SHETTY S/O LATE P CHANDU SHETTY AGED ABOUT60YEARS, R/O SOUMYA, MALLIKA EXTENSION, KADRI KAMBLA ROAD, BEJAI, MANGALORE-4 2. STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BANGALORE. ... RESPONDENTS (BY SRI VIJAYKUMAR MAJAGE, HCGP FOR R2, SRI S.J.CHOUTA, ADV. FOR R1) 2 THE ORDER THIS CRL.PETITION IS FILED U/S.482 CR.P.C., PRAYING QUASH IN TO CRL.R.P.NO.131/08 PASSED BY THE II ADDL.S.J., D.K., MANGALORE AND THE ORDER DT:25.07.09 MADE IN P.C.NO.196/07 BY THE COURT OF JMFC (II COURT), MANGALORE, D.K., AND QUASH THE ENTIRE PROCEEDINGS IN THE SAID CASE PENDING AS AGAINST THE PETITIONER. DT:24.3.09 MADE THIS CRL.P. COMING ON FOR A...
Lalitha Kothari Vs. V. Sathyanarayana Rao and Others
Court: Karnataka
Decided on: Mar-03-2015
(Prayer: This Miscellaneous Civil filed under Section 151 of the Code of Civil Procedure, 1908, praying to permit the appellant to prefer the appeal R.F.A.No.971/2010. This Miscellaneous Civil filed under Section 151 of the Code of Civil Procedure, 1908, praying to permit the appellant to prefer the appeal R.F.A.No.972/2010. This Miscellaneous Civil filed under Section 151 of the Code of Civil Procedure, 1908, praying to permit the appellant to prefer the appeal R.F.A.No.973/2010.) ORDER ON MISCELLANEOUS CIVIL NOS.9695/2010 IN RFA 971/2010, 9661/2010 IN RFA 972/2010 AND 8863/2010 IN RFA 973/2010 These appeals are by the same appellant. A similar application is filed in each of the appeals, seeking leave of the court to prefer the appeal. The appellant was not a party to the suit in which the judgment and decree, under challenge, had been rendered. This common order is passed on the said applications. The factual background is as follows: The plaintiff, who is the respondent in the firs...
The Commissioner of Income Tax Vs. M/S Ankita Electronics Pvt Ltd.,
Court: Karnataka
Decided on: Mar-03-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE3D DAY OF MARCH2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MRS.JUSTICE S SUJATHA ITA NO.297/2014 BETWEEN1 THE COMMISSIONER OF INCOME TAX C R BUILDING, QUEENS ROAD BANGALORE2 THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-11(1) RASHTROTHANA BHAVAN NRUPATHUNGA ROAD BANGALORE560001 ... APPELLANTS (BY SRI K V ARAVIND, ADV.) AND M/S. ANKITA ELECTRONICS PVT LTD., NO.7/4, ANKITA HOUSE MOUNT JOY ROAD, OPP. BULL TEMPLE HANUMANTHANAGAR BANGALORE56001 ... RESPONDENT THIS ITA IS FILED UNDER SECTION260A OF INCOME TAX ACT1961 ARISING OUT OF ORDER DATED:14/02/2014 2 PASSED IN ITA NO.120/BANG/2013, FOR THE ASSESSMENT YEAR20012002. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING: JUDGMENT The question raised in this appeal is as to in what circumstances an issue involved would be considered as debatable and as to whether when the tax imposed on the assessee is under challenge and the appe...
Sri T S Channegowda Vs. Sri H Thopaiah
Court: Karnataka
Decided on: Mar-03-2015
R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE3d DAY OF MARCH2015PRESENT THE HONBLE MR. JUSTICE N.KUMAR AND THE HONBLE MR. JUSTICE B.SREENIVASE GOWDA R.F.A.No.1701/2014 BETWEEN : Sri. T.S.Channegowda, S/o.Sabagaiah Gowda, Aged about 53 years, R/o. Near Railway Level Cross, Hindiskere Gate, Pin-572 201 Kasaba Hobli, Tiptur Taluk. ...APPELLANT (By Sri.S.P.Shankar, Sr. Adv. for Sri. G.R.Prakash, Adv.) AND :1. Sri.H.Thopaiah, S/o.Late Hanumegowda, Aged about 81 years, R/o.Main Road, Gandhinagar, Tiptur 572 201. 2 Sri.T.K.Shivanand, S/o.Sri.K.S.Thimmappa, Aged about 43 years, R/o. No.51, Thunganagara, Herohalli, Bangalore 560 091. RESPONDENTS2 (By Sri.A.Ravishankar, Adv. a/w. Sri.B.M.Mohan Kumar, Adv.) . . . . This R.F.A. is filed under Section 96 read with Order 41 Rule 1 of CPC, against the Judgment and Decree dated 27.09.2014 passed in O.S. No.1/2011 on the file of Senior Civil Judge and JMFC, Tiptur, partly decreeing the suit for specific performance. This R.F.A. coming o...
Smt Lalitha Kothari Vs. Sri v Sathyanarayana Rao
Court: Karnataka
Decided on: Mar-03-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE03D DAY OF MARCH2015BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY MISCELLANEOUS CIVIL NO.9695 OF2010REGULAR FIRST APPEAL No.971 OF2010IN CONNECTED WITH MISCELLANEOUS CIVIL NO.9661 OF2010IN REGULAR FIRST APPEAL No.972 OF2010MISCELLANEOUS CIVIL NO.8863 OF2010REGULAR FIRST APPEAL No.973 OF2010IN MISC.CVL.No.9695/2010 In R.F.A.No.971/2010 BETWEEN: Smt. Lalitha Kothari, Wife of Suresh Kothari, Aged about 37 years, Residing at No:92, 3rd Floor, 2nd Main Road, Seshadripuram, Bangalore 560 020. (By Shri. P.D.Surana, Advocate) APPELLANT2Sri. V. Sathyanarayana Rao, Son of Late B.Venkoba, Aged about 57 years, Residing at No.29, 9th Cross, Swimming Pool Extension, Malleshwaram, Bangalore 560 003. AND:1. 2. (By Shri. S. Gangadhar Aithal and Shri. N.G.Sreedhar, Advocates for Respondent No.1; Respondent No.2 served ) RESPONDENTS Sri. Thirupathi Reddy, Aged about 71 years, Son of Late B. Venkoba Rao, Residing at No.4, 12th Cross, AEC...
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