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Karnataka Court June 2015 Judgments

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Jun 15 2015

Chandrashekhar and Another Vs. Dr. Sunjay Mohan Rao, Chairman, The Mud ...

Court: Karnataka

Decided on: Jun-15-2015

(Prayers: This CCC is filed under Sections 11 and 12 of the Contempt of Court Act, praying to initiate contempt proceedings against the accused for disobeying the order dated 30.06.2014 passed by the Karnataka Appellate Tribunal, Bengaluru (Belguam Camp Case) passed in Appeal Nos. 347/2013 and 366/2013. This CCC is filed under Sections 11 and 12 of the Contempt of Court Act, praying to hold that the accused is guilty of committing contempt of the order dated 21.10.2014 passed by the Karnataka Appellate Tribunal, Bengaluru (Belagavi Camp Case) passed in Appeal Nos. 346/2013 and 365/2013 and initiate contempt proceedings against the accused.) 1. These contempt petitions are filed complaining of the dis-obedience of the order dated 30.06.2014 passed by the Karnataka Appellate Tribunal, Bangalore, Belgaum Camp Case passed in Appeal Nos. 347/2013 and 366/2013 and to initiate contempt proceedings against the respondent-accused and punish them in accordance with law. 2. The Karnataka Appellat...


Jun 15 2015

The Divisional Manager, United India Insurance Company Limited, Repres ...

Court: Karnataka

Decided on: Jun-15-2015

1. The Tribunal awarded a sum of Rs. 4,57,700/- for the death of the son of respondent Nos. 1 and 2 in a motor vehicle accident. 2. In an accident that occurred on 19.04.2012, Sridhara who was proceeding on his motor cycle at 10.15 p.m., hit the parked lorry bearing registration No. TN-06/W-9087. He sustained sever injuries and died. A complaint was filed against him for rash and negligent riding and his legal representative made a claim for compensation before the Tribunal under Section 163-A of Motor Vehicle Act. The Tribunal granted a sum aforesaid with interest at 6% p.a. Aggrieved by the finding and amount of compensation, the present appeal is filed. 3. Heard the learned counsel for both the parties. 4. It is the submission of the learned counsel for the appellant that there was no negligence on the part of the driver of the lorry and the accident was absolutely due to the negligence of the deceased himself. He submits that the complaint was against the deceased and no evidence h...


Jun 15 2015

G. Srinivasan and Another Vs. C.R. Rajamma and Others

Court: Karnataka

Decided on: Jun-15-2015

(Prayer: These Writ Petitions filed under Article 226 and 227 of the Constitution of India praying to.(a)(i)quash the order dtd.8.1.2015 passed by the VII Addl, City Civil Judge, Bangalore in O.S.No.525/2008 on an application (unnumbered) filed by the 1st petitioner herein under order VIII Rule 1 read with Section 151 of the Code of Civil Procedure vide Annex-A and Etc.) 1. The petition filed under Article 227 of the Constitution of India in W.P.8384/15 relates to the order passed on an interlocutory application under Section 151, C.P.C. dated 2.3.2013 refusing to condone the delay in filing the memo to adopt the written statement filed by defendant no.3 and defendant no.4 (1st petitioner herein-G.Srinivasan). W.P.8385/15 relates to the order passed dated 30.1.2015 on I.A. 1C filed VIII Rule I read with Section 151, C.P.C. by the VII Additional City Civil Judge, Bengaluru, in O S.525/08 to recall the order dated 4.12.2009 under which the written statement of the 4th defendant (1st peti...


Jun 15 2015

Commissioner of Income Tax, Bangalore and Another Vs. M/s. ITC Hotels ...

Court: Karnataka

Decided on: Jun-15-2015

(Prayer: Appeals are filed under S.260A of the Income Tax Act praying to set aside the order dated 1.5.2009 in ITA 70/Bang/2009 and ITA 69/Bang/2009 by the Income Tax Appellate Tribunal confirming the order of the Appellate Commissioner and confirm the order passed by the Income Tax Officer (TDS) I, Bangalore.) 1. The assessee respondent M/s ITC Hotels Ltd is a public limited company engaged in the business of owning, operating and managing hotels. During the financial years 1999-2000 and 2000-01 relevant to the assessment years under consideration, the respondent assessee had remitted an amount of Rs.il 1,35,305/- and 2,52,93,968/- respectively to M/s Sheraton International Inc.,(for short, Sheraton) a US Company (for international marketing, publicity and sales / reservation related services provided by it) without deducting tax at source under Section 195 of the Income Tax Act. Prior to that also, for the earlier assessment years, no such deduction was made and the assessee had appl...


Jun 15 2015

Y.C. Narayana Gowda and Another Vs. State of Karnataka, Rep. By Police ...

Court: Karnataka

Decided on: Jun-15-2015

(Prayer: This Crl.P. is filed under S.482 Cr.P.C., praying to quash the charge sheet dated 18.12.2008 to the extent of the Crime alleged against Accused Nos. 5 and 6 in C.C.No.22/2010 on the file of Civil Judge and JMFC at Arakalagudu, Hassan District.) 1. The petitioner is accused No. 6 in a charge sheet filed by the respondent before Civil Judge and JMFC at Arakalagudu. Learned Magistrate having taken cognizance and registered C.C.No.22/2010 for the offences punishable under Ss.465, 468, 471, 506 read with S. 120(B) of the Indian Penal Code, and issued summons to the accused, this petition was filed under S.482 of Cr.P.C. to quash the entire proceedings, in so far as it pertains to the petitioner. 2. Only contention urged by Sri. P.K. Ponnappa, learned advocate is that the learned Magistrate could not have taken cognizance of the alleged offences and issued process to the petitioner, in the absence of the prosecution obtaining and producing the sanction from the State Government i.e....


Jun 15 2015

Abed Hussain and Another Vs. Thaherabanu and Others

Court: Karnataka

Decided on: Jun-15-2015

(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to set aside the impugned order dated 22.08.2014 passed in O.S.No.39/2013 by the Hon'ble Senior Civil Judge court at Challkere on the application filed by the petitioners under order 6 rule 17 read with Section 151 of the Civil Procedure of Code (IA No.6) by allowing this WP in the interest of justice and equity.) 1. Counsel for the petitioners is present. Counsel for the respondent No.1 is absent. 2. Present petitions are filed under Articles 226 and 227 of the Constitution of India as the petitioners who are the plaintiffs in O.S. No.39/2013 have been denied an opportunity to file an additional written statement in die nature of reply / rejoinder consequent upon the amendment of written statement. An application had been tiled under Order 8 Rule 9 of CPC, requesting the court to permit him to file reply or rejoinder as against the amendment carried out to the written statement. Th...


Jun 15 2015

Y C Narayana Gowda Vs. State of Karnataka

Court: Karnataka

Decided on: Jun-15-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF JUNE, 2015 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.4755/2011 BETWEEN:1. Y.C. NARAYANA GOWDA RETIRED FOREST GUARD S/O. LATE CHENNE GOWDA AGED60YEARS R/AT YELAGA HAVALLY DODDAMAGA HOBLI HASSAN TALUK & DISTRICT. SINCE DEAD, PETITIONER NO.1 DELETED AS PER THE COURT ORDER DATED74.2015.2. KRISHNE GOWDA K.R. RETIRED FOREST RANGE OFFICE S/O. LATE K.M. RAYE GOWDA AGED60YEARS R/AT SANGAMESHWARA EXTN., II STAGE, II ROAD, HASSAN HASSAN DISTRICT. ... PETITIONER (BY SRI P.K. PONNAPPA, ADV.) 2 AND: STATE OF KARNATAKA REPRESENTED BY POLICE BY KONANURU POLICE STATION. RESPONDENT (BY SRI B. VISWESWARAIAH, HCGP) THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO QUASH THE CHARGE SHEET DATED1812.2008 TO THE EXTENT OF THE CRIME ALLEGED AGAINST ACCUSED NOS. 5 AND6IN C.C.NO.22/2010 ON THE FILE OF CIVIL JUDGE AND JMFC AT ARAKALAGUDU, HASSAN DISTRICT. THIS CRL.P. COMING ON FOR FINAL HEARING THIS DAY, THE C...


Jun 15 2015

Chandrashekhar Vs. Dr. Sunjay Mohan Rao, Chairman,the Mudhol Co Opera

Court: Karnataka

Decided on: Jun-15-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF JUNE2015R PRESENT THE HONBLE MR. JUSTICE N.KUMAR AND THE HONBLE MR. JUSTICE B.SREENIVASE GOWDA C.C.C.No.430/2015 A/W C.C.C.No.428/2015 (Civil) In C.C.C.No.430/2015: BETWEEN : Chandrashekhar S/o Onkareppa Hosakeri, Aged about 35 years, C/o Mudhol Co-op Bank Ltd., Mudhol-587 313 ...COMPLAINANT (By Sri Brijesh Patil, Adv.) AND : Dr.Sunjay Mohan Rao Chairman The Mudhol Co-operative Bank Ltd., Post and Taluk-Mudhol, District-Bagalkot-587313 ACCUSED (By Sri B.B.Bajentri, Adv.) - 2 - This CCC is filed under Sections 11 and 12 of the Contempt of Court Act, praying to initiate contempt proceedings against the accused for disobeying the order dated 30.06.2014 passed by the Karnataka Appellate Tribunal, Bengaluru (Belguam Camp Case) passed in Appeal Nos.347/2013 and 366/2013. In C.C.C.No.428/2015: BETWEEN : Sri Kanappa S/o Mallikarjun Chittapur Aged about 39 years C/o Mudhol Co-Op Bank Ltd., Mudhol-587 313. ...COMPLAINANT (By Sr...


Jun 15 2015

The Commissioner of Income Tax Vs. M/S Itc Hotels Ltd.,

Court: Karnataka

Decided on: Jun-15-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 15th day of June, 2015 Present THE HONBLE MR JUSTICE VINEET SARAN & HONBLE MR JUSTICE ARAVIND KUMAR Income Tax Appeals 477 c/w 478 / 2009 Between Commissioner of Income Tax C R Building, Queens Road Bangalore Income Tax (TDS) I C R Building, Queens Road Bangalore 1 2 (By Sri K V Aravind, Advocate) And M/s ITC Hotels Ltd (Since Amalgamated with ITC) (M/s Windsor Manor Sheraton & Towers) Sankey Road, Bangalore (By Sri Rupesh Jain, Adv.) Appellants Respondent Appeals are filed under S.260A of the Income Tax Act praying to set aside the order dated 1.5.2009 in ITA70Bang/2009 & ITA69Bang/2009 by the Income Tax Appellate Tribunal confirming the 2 order of the Appellate Commissioner and confirm the order passed by the Income Tax Officer (TDS) I, Bangalore. Appeals coming on for hearing this day, Vineet Saran J, delivered the following: JUDGMENT The assessee respondent M/s ITC Hotels Ltd is a public limited company engaged in the busi...


Jun 15 2015

New India Assurance Co Ltd Vs. Hemanth

Court: Karnataka

Decided on: Jun-15-2015

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF JUNE2015BEFORE THE HONBLE MR.JUSTICE S.N.SATYANARAYANA M.F.A.NO.7702/2011(MV) BETWEEN: NEW INDIA ASSURANCE CO. LTD., INDOCEM HOUSE, II FLOOR, #327/05, MYSORE ROAD, BENGALURU 560 039 NOW REPRESENTED BY ITS REGIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, UNITY BUILDING, ANNEXE, P.KALINGA RAO ROAD, BENGALURU 560 027. APPELLANT (BY SRI A.N.KRISHNASWAMY, ADVOCATE) AND:1. HEMANTH S/O T.RAMESH NOW AGED ABOUT15YEARS, SINCE MINOR REPRESENTED NATURAL GUARDIAN/FATHER, R/A#99, II CROSS, I STAGE, LAKSHMIKANTHANAGAR, HEBBALU, MYSURU 570 001.2. N.ARUN S/O NARASIMHAMURTHY NOW AGED ABOUT31YEARS, - 2 - OCC:DRIVER, R/A#54/20, 7TH CROSS, NAGADEVANAHALLI, BENGALURU 56.3. PUTTAMADAPPA S/O PUTTAIAH NOW AGED ABOUT51YEARS, MUNIVENKATAPPA COMPOUND, PANTHARAPALYA, MYSURU ROAD, BENGALURU 56. RESPONDENTS (R1 TO R3-SERVED) IN MVC.NO.975/2010 ON THE FILE OF THIS APPEAL IS FILED UNDER SECTION1731) OF MV ACT AGAINST ...


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