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Karnataka Court March 2015 Judgments

Mar 10 2015

Mr K Krishnaraj Hegde Vs. Mr Anil C Lobo

Court: Karnataka

Decided on: Mar-10-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10h DAY OF MARCH2015BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA M.F.A. No.10283/2013 (KMC) BETWEEN: MR K KRISHNARAJ HEGDE S/O LATE ANANTHAYYA HEGDE AGED ABOUT55YEARS R/AT PATEL HOUSE GANTALA KATTE KALLABETTU VILLAGE MOODABIDRI MANGALLORE TALUK-574227 (By Sri.: G BALAKRISHNA SHASTRY, ADV.) ... APPELLANT AND:1. MR ANIL C LOBO S/O ALEX LOBO AGED ABOUT40YEARS R/AT KARINJE VILLAGE NEAR PAPER MILL MOODABIDRI MANAGALORE TALUK-574227 2. MR SEETHARAMA SHETTY S/O LATE BABU SHETTY AGED ABOUT54YEARS2R/AT DERANDABETTU KARINJE VILLAGE TACCODE POST MOODABIDRI MANGALORE TALUK-574227.3. MR RAJESH SHETTY S/O BHOJA SHETTY AGED ABOUT49YEARS R/AT ARAMANE BAGILU MOODABIDRI MANGALORE TALUK-574227. ... RESPONDENTS (By Sri. : S RAJASHEKAR, ADV. FOR R1, NOTICE TO R2 & R3 D/W) MFA FILED U/S27OF KARNATAKA MUNICIPALITY ACT, AGAINST THE ORDER DT.11.11.2013 PASSED IN ELECTION PETITION NO.1/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, ...

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Mar 10 2015

The Commissioner of Income Tax Vs. Dr Harsha N Biliangady

Court: Karnataka

Decided on: Mar-10-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF MARCH2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MRS.JUSTICE S.SUJATHA ITA No.292 OF2014BETWEEN :1. THE COMMISSIONER OF INCOME TAX C.R BUILDING, QUEENS ROAD, BANGALORE2 THE DY. COMMISSIONER OF INCOME TAX CIRCLE-5 (1), UNITY BUILDING ANNEX, MISSION ROAD, BANGALORE-560 027 (By Sri: K V ARAVIND, ADV.) ...APPELLANTS2AND : Dr. HARSHA N.BILIANGADY, No.95, 3RD MAIN, DOLLAR LAYOUT, 4TH PHASE, J.P.NAGAR, BANGALORE ... RESPONDENT *** ITA FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED2103/2014 PASSED IN ITA.NO.1333/BANG/2013, FOR THE ASSESSMENT YEAR20082009, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS STATED ABOVE , II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.1333/BANG/2013, DATED2103/2014 AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(1), BANGALORE, IN THE INTEREST OF...

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Mar 09 2015

Hanumanthappa and Another Vs. B.V. Shivakumar and Others

Court: Karnataka

Decided on: Mar-09-2015

(Prayer: MFA filed u/s 173(1) of MV Act against the Judgment and award dated: 3.11.2009 passed in MVC No. 1795/2008 on the file of the VIII Addl. Judge, Court of Small Causes, Member, MACT Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation. MFA Crob in MFA No. 8704/2009 filed U/o 41, Rule 22 of CPC, against the Judgment and award dated: 3.11.2009 passed in MVC No. 1795/2008 on the file of 8th Additional Judge, Court of Small Causes, Member, MACT-5, Bangalore, awarding a compensation of Rs. 3,24,400/-with interest @ 6% p.a excluding future medical expenses of Rs. 15,000/- from the date of petition till the date of deposit in court.) 1. The appeal and cross objection have arisen out of the judgment and award dated 3.11.2009 passed by the MACT-V, Court of Small Causes, Bangalore in MVC 1795/2008. MFA 8704/2009 is filed by the claimant Hanumanthappa and MFA CROB 106 is filed by the insurer-M/s. Bajaj Allianz Gen. Ins. Co. Ltd. of the lorr...

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Mar 09 2015

The Commissioner of Income Tax, Bangalore and Another Vs. M/s. Manipal ...

Court: Karnataka

Decided on: Mar-09-2015

(Prayer: ITA.no.747/2009 is filed u/s.260-A of I.T. Act, 1961 arising out of order dated 03-07-2009 passed in ITA No.699/BNG/2008, for the assessment year 2006-2007, praying to court I). Formulate the substantial questions of law stated therein, ii. Allow the appeal and set aside the order passed by the ITAT Bangalore in ITA No.699/BNG/2008, dated 03-07-2009, confirming the order by the Appellate Commissioner and confirm the order passed by the Deputy Commissioner of Income Tax, (TDS), Circle-18(1), Bangalore, in the interest of Justice and equity. ITA.No.746/2009 is filed u/s.260-A of I.T. Act, 1961 arising out of order dated 03-07-2009 passed in ITA No.700/BNG/2008, for the assessment year 2007-2008, praying to court I). Formulate the substantial questions of law stated therein, ii. Allow the appeal and set aside the orders passed by the ITAT Bangalore in ITA No.700/BANG/2008, dated 03-07-2009, confirming the order by the Appellate Commissioner and confirm the order passed by the Dep...

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Mar 09 2015

Sri Habnumanthappa Vs. Sri B v Shivakumar

Court: Karnataka

Decided on: Mar-09-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE09H DAY OF MARCH, 2015 BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA M.F.A. NO.8704/2009(MV) C/W M.F.A CROB NO.106/2012(MV) IN M.F.A. NO.8704/2009(MV) BETWEEN: SRI HANUMANTHAPPA S/O VENAKASWAMAPPA, AGED ABOUT31YRS R/A NO.589, HARISH NILAYA MUNESHWARA BLOCK, 9TH CROSS, PIPELINE ROAD, DASARAHALLI BANGALORE (By Sri: N GOPALKRISHNA, ADV.) AND:1. SRI B V SHIVAKUMAR ... APPELLANT S/O VENKATASWAMY, MAJOR IN AGE INDIRANAGAR, BEVINAHALLI POST GAURIBIDANUR TALUK CHIKKABALLAPUR DIST22. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD NO.105, CEARS PLAZA, RESIDENCY ROAD OPP:BANGALORE CLUB, BANGALORE-560025. REP BY ITS MANAGER3 SRI: GOVIND RAJ S/O NARASAIAH NO.50, CHANNANAYAKANAPALYA BANGALORE NORTH BANGALORE.4. M/S ICICI LOMBARD GENERAL INSURANCE CO LTD PRESTIGE CORNICHE, NO.62/1 2ND FLOOR, RICHMOND ROAD BANGALORE REP. BY ITS MANAGER ... RESPONDENTS (By Sri. R1- H/S SRI; A.N. KRISHNASWAMY, ADV FOR R2 R3-DISMISSED SRI: H.N. KESHAVA PRASHANTH, ...

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Mar 09 2015

Sri Shivabalayogi Maharaja Trust Vs. Sri a Satyaraju

Court: Karnataka

Decided on: Mar-09-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE09H DAY OF MARCH2015BEFORE THE HON'BLE MR. JUSTICE ANAND BYRAREDDY REGULAR FIRST APPEAL No.110 OF2015BETWEEN: Sri. Shivabalayogi Maharaja Trust, Represented by its Working Chairman Cum Treasurer, Sri. K.B.Vishwanath, No.1/A, J.P.Nagar 3rd Phase, Bengaluru 560 078. (By Shri. R.B.Sadasivappa, Advocate) APPELLANT Sri. A. Satyaraju, Son of Late Sri. A. Chinnababu, Aged about 41years, Smt. Satyavathi, Wife of Late Sri. A. Chinnababu, Major, AND:1. 2.3. Smt. Sarvaenshwari, Wife of Sri. Chennamallaiah, Daughter of Late Sri. A. Chinnababu, 2 Major, Respondents 1 to 3 are Residing at No.7, Formed in Sy.No.42/1, Sri Shivabalayogi Maharaja Trust Ashrama, Bannerghatta Road, Bengaluru 560 076. ....RESPONDENTS (By Shri. S.V.Srinivas, Advocate for M/s. Chalapathy, Advocates) ******* This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 20.10.2014 passed in O.S.No.7422/2...

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Mar 09 2015

The Commissioner of Income Tax Vs. M/S Manipal Health Systems Pvt Ltd

Court: Karnataka

Decided on: Mar-09-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE9h DAY OF MARCH2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MRS.JUSTICE S SUJATHA ITA NO.747/2009 c/w ITA No.746/2009 BETWEEN:1. THE COMMISSIONER OF INCOME TAX NO.59, HMT BHAVAN4H FLOOR, BELLARY ROAD GANGANAGAR BANGALORE2 THE DEPUTY COMMISSIONER OF INCOME TAX (TDS) CIRCLE-18(1) NO.59, HMT BHAVAN4H FLOOR, BELLARY ROAD GANGANAGAR BANGALORE. ... COMMON APPELLANTS (BY SRI. K V ARAVIND, ADV.) AND: M/S MANIPAL HEALTH SYSTEMS PVT. LTD., 98, RUSTOM BAGH, AIRPORT ROAD BANGALORE ... COMMON RESPONDENT (BY SRI. S PARTHASARATHI, ADV. ) 2 ITA.NO.747/2009 IS FILED U/S.260-A OF I.T.ACT, 1961 ARISING OUT OF ORDER DATED0307-2009 PASSED IN ITA NO.699/BNG/2008, FOR THE ASSESSMENT YEAR20062007, PRAYING TO COURT I). FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.699/BNG/2008, DATED0307-2009, CONFIRMING THE APPELLATE COMMISSIONER AND CO...

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Mar 06 2015

H.K. Lakshminarayanappa Vs. The University of Agricultural Sciences GK ...

Court: Karnataka

Decided on: Mar-06-2015

(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition No.6291/2006 (S) dated 24.06.2011.) 1. The writ petitioner is the appellant before us. This appeal is filed against order dated 24.06.2011 whereby the learned Single Judge has dismissed the appellant's writ petition No.6291/2006. 2. The appellant was an employee of the respondent- University and was working as a Senior Assistant in the Estate Office at the GKVK Campus, Bangalore. He was assigned with the work of cash transactions including the maintenance of cash book. During the month of July 2002, the respondent noticed that there was misappropriation of University funds and it was brought to the attention of the University by Note dated 5.7.2002. Based on the aforesaid Note, the appellant was kept under suspension on 23.7.2002. Thereafter, internal special audit committee came to be constituted to find out the actual amount of misappropriation of...

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Mar 06 2015

N. Shashikumar and Another Vs. S. Leelavathi @ S. Pramila

Court: Karnataka

Decided on: Mar-06-2015

(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Entire Proceedings In Crl. Misc. No.210 Of 2012 Including The Order Dated 10.10.2012 Vide Annexure-B, On The File Of The Metropolitan Magistrate And Traffic Court III At Bangalore.) 1. Marriage of the 1st petitioner with the respondent was solemnised on 15.11.1991, and they lived together. Misunderstandings having arisen, 1st petitioner filed M.C. 786/1992, to pans a decree of divorce and for dissolution of the marriage. The said petition having been closed, the respondent rejoined the 1st petitioner and they lived in a rented house till 10.10.1994. 1st petitioner filed M.C. 704/1994 in the Family Court at Bengaluru, to pass decree of divorce and the same was dismissed on 15.07.2000. MFA 3499/2000 filed was dismissed on 16.11.2006. Respondent having filed C.Misc. 210/2012, against the petitioners herein, in the Court of the Metropolitan Magistrate, Bengaluru, under S.12 of...

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Mar 06 2015

The State of Karnataka, by Prl. Secretary to Government, Department of ...

Court: Karnataka

Decided on: Mar-06-2015

(Prayer: This Writ Appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in Writ Petition No.13487/2008 (S-RES) dated 21.02.2013.) P.B. Bajanthri, J. 1. The appellant-State aggrieved by the order of the learned single Judge dated 21.2.2013 passed in W.P.No.13487/2008 filed the present writ appeal. 2. The respondent-petitioner was appointed as a II Grade Stenographer in the Judicial Department, the then Chitradurga district on 1.2.1968. One Sri. Karunakaran was appointed as II Grade Stenographer in Judicial Department, in the Shimogga District on 1.12.1969. Both the respondent and Sri. Karunakaran have earned promotion to the cadre of I Grade Stenographer on 1.4.1972 and 1.6.1972 respectively. 3. The State Government evolved a policy decision to grant two advance increments for acquiring certain qualifications by the Government servants while they were in service. The respondent acquired B.A., degree. Thus, he was granted two advance incr...

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