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Karnataka Court March 2015 Judgments

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Mar 06 2015

Onmobile Global Ltd. Vs. Chairman, Authority for Advance Rulings (Inco ...

Court: Karnataka

Decided on: Mar-06-2015

Vineet Saran, J. 1. By means of this writ petition, the petitioner has challenged the order dated 16.01.2014 passed by the Authority For Advance Rulings (Income Tax) New Delhi, whereby the application has been dismissed for non-prosecution and also the order dated 30.04.2014, whereby the application for restoration has been rejected. 2. We have heard Ms.Mehtab, learned Counsel for the petitioner as well as Sri K.V.Aravind, learned Counsel for the respondents and perused the records. With consent of learned Counsel for the parties, this petition is disposed of at the admission stage. 3. Brief facts of this case are that: The petitioner-Company, which is engaged in Telecommunication Value Added Services, had entered into partnership agreement with a Telecom Operator in Brazil for rendering Ring Back Tone Services to the customers of Telecom Operator in Brazil. On 09.12.2010, the petitioner filed an application before the first respondent-Authority For Advance Rulings (Income Tax), New De...


Mar 06 2015

The State of Karnataka Vs. Sri Mohammed Ilyas

Court: Karnataka

Decided on: Mar-06-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6H DAY OF MARCH, 2015 PRESENT THE HON'BLE MR. JUSTICE K.L.MANJUNATH AND THE HONBLE MR. JUSTICE P.B. BAJANTHRI WRIT APPEAL NO.5602/2013 (S-RES) BETWEEN:1. THE STATE OF KARNATAKA BY PRL.SECRETARY TO GOVERNMENT DEPARTMENT OF FINANCE, VIDHANA SOUDHA, BENGALURU 560 001.2. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVT. DEPARTMENT OF LAW & PARLIAMENTARY AFFAIRS, VIDHANA SOUDHA, BENGALURU 560 001. APPELLANTS (BY Y.H.VIJAY KUMAR, AGA) AND: SRI MOHAMMED ILYAS S/O LATE ABDUL BASITH AGED ABOUT65YEARS #14, 2ND E CROSS, 2 K.H.B.ROAD, HANUMANTHAPPA LAYOUT, R.T.NAGAR POST, BENGALURU 560 032. RESPONDENT (BY JAVID HUSSAIN, ADVOCATE) -0-0-0-0- THIS WRIT APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.13487/2008 (S-RES) DATED2102.2013. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING AND HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, P.B.BAJANTHRI, J., DELIVERED THE ...


Mar 06 2015

H K Lakshminarayanappa Vs. The University of Agricultural Sciences

Court: Karnataka

Decided on: Mar-06-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6H DAY OF MARCH, 2015 PRESENT THE HON'BLE MR. JUSTICE K.L.MANJUNATH AND THE HONBLE MR. JUSTICE P.B. BAJANTHRI WRIT APPEAL NO.5986/2011 (S) BETWEEN: Sri H.K. Lakshminarayanappa Son of H.L. Kashiriya, 56 years No.9, Vidyapeeta Circle Banashankari 1st Stage Bangalore 560 050. APPELLANT (By Sri N.S. Sanjay Gowda, Advocate) AND: The University of Agricultural Sciences GKVK Campus Bangalore 560 065 Represented by its Administrative Officer. RESPONDENT (By Sri M. Sreenivasa, Advocate) -0-0-0-0- 2 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. This Writ Appeal coming on for hearing and having been heard and reserved for judgment, P.B.BAJANTHRI, J., delivered the following: JUDGMENT The writ petitioner is the appellant before us. This appeal is filed against order dated 24.06.2011 whereby the learned Single Judge h...


Mar 06 2015

smt.lakshmamma Vs. sri.t.h.ramegowda

Court: Karnataka

Decided on: Mar-06-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6H DAY OF MARCH2015R PRESENT THE HONBLE MR. JUSTICE N.KUMAR AND THE HONBLE MR. JUSTICE B.SREENIVASE GOWDA R.F.A NO.1138/2013 BETWEEN :1. Smt.Lakshmamma D/o Late Hanumanthegowda, W/o Narayanaswamy, Aged about 63 years, Residing at:Linganahalli Village, Hesaraghatta Hobli 560 088, Bangalore North Taluk, Bangalore Rural District. Smt.Sharadamma D/o Late.Hanumanthegowda, W/o Anjanappa, Aged about 61 years, Residing At: Ancharahalli Village, Toobagere Hobli, Doddaballapura Taluk 561 203, Bangalore Rural District. Smt.Susheelamma D/o Late Hanumanthegowda, W/o Gowdappa, Aged about 57 years, Residing At:Thimmasandra Village, Jala Hobli 562 110, 2. 3.-. 2 - Bangalore North Taluk, Bangalore Rural District. ...APPELLANTS (By Sri.P.Mahesha, Adv.) AND :1. 2. 3.4. Sri.T.H.Ramegowda S/o Late Hanumanthegowda, Aged about 65 years, Residing At:Tharahunise Village, Jala Hobli, Bangalore North Taluk, Bangalore District-562157. Smt.Kanthamma D/o ...


Mar 06 2015

Sri N Shashikumar Vs. Smt S Leelavathi @ S Pramila

Court: Karnataka

Decided on: Mar-06-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6H DAY OF MARCH, 2015 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.48009/2012 (GM-RES) BETWEEN:1. SRI N SHASHIKUMAR AGED ABOUT59YEARS S/O LATE C.L. NARAYANAMURTHY R/AT NO.71, 2ND CROSS DOMLUR LAYOUT BANGALORE56007 2. SMT INDIRA DEVI AGED ABOUT61YEARS D/O LATE C.L.NARAYANAMURTHY R/AT NO.71, 2ND CROSS DOMLUR LAYOUT BANGALORE56007. (BY SRI. PRABHAKAR L.SHETTY, ADV. ) AND: SMT S.LEELAVATHI @ S PRAMILA W/O N SHASHIKUMAR ... PETITIONERS2AGED ABOUT52YEARS R/AT NO.659, 5TH MAIN, VYALIKAVAL, BANGALORE560003. ... RESPONDENT (BY SRI.SRIDHAR N.HEGDE, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL. MISC. NO.210 OF2012INCLUDING THE ORDER DATED1010.2012 VIDE ANNEXURE-B, ON THE FILE OF THE METROPOLITAN MAGISTRATE AND TRAFFIC COURT III AT BANGALORE. THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDE...


Mar 06 2015

M/S Onmobile Global Limited Vs. The Chairman,the Authority for Advance ...

Court: Karnataka

Decided on: Mar-06-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE6H DAY OF MARCH2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MRS.JUSTICE S SUJATHA WRIT PETITION NO.36749 OF2014(T-IT) BETWEEN M/S ONMOBILE GLOBAL LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT1956HAVING ITS OFFICE AT TOWER NO.1, 94/1C AND942 VEERASANDRA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, ELECTRONIC CITY PHASE-1 BANGALORE-560100 REPRESENTED BY ITS MANAGING DIRECTOR (RAJEEV PANCHOLY S/O MAGAN PANCHOLY, AGED58YEARS) PETITIONER (BY MS.MEHTAB P. EASA, ADV. FOR SRI K R VASUDEVAN, ADV.) AND1 THE CHAIRMAN THE AUTHORITY FOR ADVANCE RULINGS (INCOME TAX) 5TH FLOOR, NDMC BUILDING, SATYA MARG, YASHWANT PLACE, CHANAKYAPURI, NEW DELHI-110021 2 2. THE DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION143A, R.P.BHAWAN, NRUPATHUNGA ROAD, BANGALORE-560 001 3. THE DEPUTY DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION, CIRCLE11), NRUPATHUNGA ROAD, BANGALORE-560 001 ... RESPONDENTS (BY SRI K V ARAVIND, ADV.) THIS WRIT PETI...


Mar 05 2015

Karnataka State Financial Corporation, rep. by is T.R. Nagaraj, Asst. ...

Court: Karnataka

Decided on: Mar-05-2015

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order dtd.2.12.2013 passed by the II Additional Senior Civil Judge, Mangalore on I.A.Nos.11 and 12 in O.S.No.56/2010 vide Annex-A and etc., These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order dtd.2.12.2013 in O.S.No.56/2010 passed by the II Additional Senior Civil Judge, Mangalore, D.K. on I.A.Nos.9 and 10, vide Annex-A to be allowed as prayed and etc.,) 1. Since common questions of law and that of fact arise for decision making, with the consent of the learned Counsel for the parties, petitions are clubbed together, finally heard and disposed of by this order. 2. The lis brought before Court lies in a narrow compass. Petitioner in W.P.Nos.57968-969/2013 is the Financial Corporation (KSFC for short) arraigned as defendant No.1 in O.S.No.56/2010 on the file of II Additional Senior Civil Judge, Mangaluru, instit...


Mar 05 2015

M. Shashikala Vs. Krishna Murthy

Court: Karnataka

Decided on: Mar-05-2015

(Prayer: This Crl.P. Is Filed U/S.482 Cr.P.C., Praying To Quash The Entire Proceedings In C.C.No.51 S59/20i3 On The File Of Xiv A.C.M.M., Mayo Hall Unit, Bangalore Vide Annexure-D; And Etc.) 1. The petitioner is facing trial in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) Contending that the complaint is not maintainable and no prosecution proceeding can be launched and seeking quashing of the proceeding in CC.No.51659/2013 pending on the file of the XIV Addl. Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru, this petition was filed under Section 482 of the Cr.P.C, 2. Sri P. Narayanappa, learned advocate, contended that even on admitted facts, the complaint is not maintainable, as the statutory notice was not issued within the stipulated period and therefore, the cognizance taken and the process issued being illegal, the impugned proceeding is liable to be quashed. 3. Sri Deepak J., learned advocate, on the other...


Mar 05 2015

Mallu and Others Vs. The State of Karnataka, represented by the PSI., ...

Court: Karnataka Kalaburagi

Decided on: Mar-05-2015

(Prayers: This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash all further proceedings pursuant to charge sheet dated 18.09.2014 filed by the respondent in C.C.No. 2053/2014 (arising out of Gandhi Chowk P.S. Crime No. 138/2014) pending on the file of Honble I-JMFC Court, Bijapur, with respect to petitioner. This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash all further proceedings in Crime No. 152/2014 pending in the Court of the FIRST J.M.F.C., at Bijapur for the alleged offences punishable under Sections 143, 147, 148, 427, 307, 120(B), 504 and 506 R/w Section 149 of IPC dated 27.05.2014 on the complaint filed by the respondent No. 2 dated 27.05.2014. This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash all proceedings in Crime No. 140/2014 pending in the Court of the First J.M.F.C., at Bijapur for the alleged offences punishable under Sections 143, 147, 148, 324, 354, 153, 295, 504 and 506 r/w Section 14...


Mar 05 2015

Keshava Gowda Vs. State of Karnataka Represented By Its Chief Secretar ...

Court: Karnataka

Decided on: Mar-05-2015

(Prayer: WP filed under Articles 226 and 227 of the Constitution of India praying to quash the calendar of events issued by R-6 proposing to hold the election to the managing committee of R-5 society on 8.3.2015 at dakshina kannada zilla panchayath model higher primary school, guthigaru post, sulya taluk in terms of the notice dated 20.02.2015 vide Annexure-e etc.) H.G. Ramesh, J. (Oral): 1. Petitioner wants this Court to interfere in the election process relating to election of the Board of respondent rio.5-Society. In this writ petition, the petitioner is seeking quashing of the election notice dated 20.02.2015 issued by the Returning Officer in Form-XII under Rule 14(3) of the Karnataka Co-operative Societies Rules, 1960. The election is scheduled on 8th March 2015 which is only three days ahead. 2. Learned counsel appearing for the petitioner, in support of his submission that this Court can interfere in election matters in exercise of the writ jurisdiction under Articles 226 and 2...


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