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Karnataka Court June 2015 Judgments

Jun 26 2015

Abdulla Siddiq and Another Vs. U.F.M. Uday

Court: Karnataka Dharwad

Decided on: Jun-26-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 02.01.2014 passed on I.A.No.1 filed U/o. VII Rule 11 (D) R/W. Section 151 of the Code of Civil procedure (Annexure-E) passed by the Principal Senior Civil Judge, Karawar in O.S.No.17/2012.) 1. The petitioners/defendants are aggrieved by the order dated 02.01.2014 on IA No.1/2014 made in OS No.17/2012 on the file of the Prl. Civil Judge (Sr.Dn.), Karwar. 2. The respondent/plaintiff filed O.S.No.17/2012, against the present petitioners who are the defendants, for declaration and possession in respect of the suit schedule property, contending that he is the owner of the suit schedule property. The defendants filed written statement denied the entire plaint averments and sought for dismissal of the suit. 3. When the matter was posted for evidence, the defendants filed an application under Order VII Rule 11 (d) read with Section 151 of the Code of Civil Pro...

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Jun 26 2015

P.T. Sannarange Gowda Vs. Thopina Gollahallamma Devasthana Sevasamithi ...

Court: Karnataka

Decided on: Jun-26-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the orders dtd. 11.10.2013 passed by the R4 Learned Tahasildar, Hiriyur, vide Annex-F and direct the R5 bank to release the amount in Deposit to petitioner forthwith which is needed for Meeting the Expenses of Developmental Activities relating to the Temple and etc.) 1. The petitioner is before this Court assailing the order dated 11.10.2013 impugned at Annexure-F to the petition. The petitioner is also seeking that the sixth respondent be directed to release the amount in deposit to the petitioner forthwith which is needed for meeting the expenses of the developmental activities relating to the temple. The petitioner has further sought that the fifth respondent be directed not to interfere with the affairs of the petitioner in respect of the administration of the temple. 2. The petitioner claims to be taking care of the affairs of Sri Thopina Gollahallamma temple which ...

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Jun 26 2015

Saira Banu Vs. The Assistant Commissioner of Income Tax, Bangalore

Court: Karnataka

Decided on: Jun-26-2015

(Prayer: This ITA is filed under Sec.260-A of Income Tax Act 1961, arising out of order dated: 27.02.2009 passed in ITA No.957/Bng/2008, for the assessment year 2004-05, praying to: ƒ 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.957/Bng/2008, dated 27.02.2009.) Vineet Saran, J. 1. The main question involved in this appeal is whether the amount paid in cash by the appellant for purchase of property, would, in the facts of this case, attract the provisions of Section 40A(3) of the Income Tax Act, 1961 (for short 'the Act') or not? 2. For the Assessment Year 2004-05 the appellant had filed return of income declaring a total income of Rs.31,65,530/-. The, same was accepted after being processed under Section 143(1) of the Act and refund of Rs.6,693/-was ordered. The case was subsequently selected for scrutiny and by an order passed under Section 143(3) of the Act, the income of the ap...

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Jun 26 2015

M/s. Tata SIA Airlines Limited, rep. by their Authorised Signatory Vs. ...

Court: Karnataka

Decided on: Jun-26-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the Order dated 08.12.2014 passed on I.A.No.2 by the Hon'ble XVIII Addl. City Civil Judge vide Annexure-A, dismissing the application filed u/o 7 Rule 10 r/w Section 151 of CPC in O.S.No.8499/2014.) FACTUAL MATRIX Respondent-plaintiff in this writ petition filed the suit O.S.No.8499/2014 against the petitioner “ defendant herein for the following reliefs: (a) To direct the Defendant or its agents, assignees, nominees or any person acting on their behalf or claiming under them to cease and desist from using the said trade mark Vistara belonging to the plaintiff or by any other name/s which are phonetically and visually similar to the word Vistara ? (b) By way of a Permanent Injunction to restrain the defendant or its agents, assignees, nominees or any person acting on their behalf or claiming under them, from using the said trade mark Vistara belonging to the plaintif...

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Jun 26 2015

Abdulla Siddiq S/O. Dr Farooq Vs. u.f.m.uday

Court: Karnataka Dharwad

Decided on: Jun-26-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE26T H DAY OF JUNE, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA WRIT PETITION No.101539 OF2014[GM-CPC]. BETWEEN:1. ABDULLA SIDDIQ S/O. DR FAROOQ AHMED AGE:49. YEARS, 2. MRS. ALIYAZAHARA W/O.MR ABDULLA SIDDIQ AGE:34. YEARS, R/O. 1019, 25TH MAIN, 4TH T BLOCK, JANANAGAR, BANGALORE-560041. (By Sri. M.B.HIREMATH FOR SRI.SHANTESH AWAJI ADV.) AND: ... PETITIONERS U.F.M.UDAY S/O. SHIVA GAJINKAR AGE:57. YEARS, RAMPUR, MAJALI VILLAGE, KARWAR DIST: KARWAR (By Sri. A S PATIL ADV.FOR C/R) ... RESPONDENT :2. : THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED0201.2014 PASSED ON I.A.NO.1 FILED U/O.VII RULE11(D) R/W.SECTION151OF THE CODE OF CIVIL PROCEDURE (ANNEXURE-E) PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, KARAWAR IN O.S.NO.17/2012. THIS WP COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioners/defendants are aggrieve...

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Jun 26 2015

M/S Tata Sia Airlines Limited Vs. M/S Vistara Voyages (India) Pvt Ltd

Court: Karnataka

Decided on: Jun-26-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26h DAY OF JUNE, 2015 BEFORE THE HONBLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION No.56791/2014 (IPR) BETWEEN: M/s.TATA SIA AIRLINES LIMITED A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT HAVING ITS REGISTERED OFFICE AT JEEVAN BHARTI, TOWER-I10H FLOOR, 124 CONNAUGHT CIRCUS, NEW DELHI-110001 REPRESENTED BY THEIR AUTHORISED SIGNATORY MR. APK CHETTIAR (BY SRI. DYAN CHINNAPPA, SR. COUNSEL A/W ... PETITIONER SRI. M/s.KRISHNAMURTHY & COMPANY) MADHUKAR S., ADVOCATE FOR AND: M/s.VISTARA VOYAGES (INDIA) PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO.205, MEZZANINE FLOOR, JSA TOWERS, DOUBLE ROAD, INDIRANAGAR1T STAGE2BENGALURU-560 038. ...RESPONDENT (BY SRI UDAY HOLLA, SR. COUNSEL A/W SRI. SHAMANTH S.N FOR M/s.DHARMA LAW PARTNERS) THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED0812.2014 PASSED ON I.A.NO.2 BY TH...

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Jun 26 2015

Sri N Sampath Vs. M/S Muthu Metal Industries

Court: Karnataka

Decided on: Jun-26-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF JUNE2015BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NO.22785/2015 (GM-CPC) BETWEEN: SRI N SAMPATH S/O N NATESHAN AGED ABOUT49YEARS RESIDING AT NO.6/11,2ND FLOOR2D MAIN, 8TH CROSS GOVINDARAJANAGAR BANGALORE56007 (By Sri: S V SHASTRI, ADV.) AND1 M/S MUTHU METAL INDUSTRIES ... PETITIONER A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.6, 3RD CROSS4H MAIN ROAD INDUSTRIAL LAYOUT IV STAGE, WEST OF CHORD ROAD BANGALORE-560044 REPRESENTED BY ITS PARTNERS2 SRI V M KUMAR S/O LATE V MUTHUSWAMY CHETTIAR AGED ABOUT76YEARS RESIDING AT NO.81 ROSHINI1T FLOOR, 9TH MAIN KAMAKSHI HOSPITA ROAD2SARASWATHIPURAM MYSORE570023 3. SRI V M ANANTHARAJU S/O LATE V MUTHUSWAMY CHETTIAR AGED ABOUT71YEARS RESIDING AT NO.6 12TH CROSS, SHAKTHI GARDENS KALYAN NAGAR MUDALAPALYA NAGARABHAVI MAIN ROAD BANGALORE56007 4. SRI V M PADMARAJ S/O LATE V MUTHUSWAMY CHETTIAR AGED ABOUT66YEARS RESIDING AT NO.1544, C-26 2ND FLOOR, 22ND MAIN39H CROS...

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Jun 26 2015

Smt Saira Banu Vs. The Assistant Commissioner of Income Tax

Court: Karnataka

Decided on: Jun-26-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF JUNE2015PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE ARAVIND KUMAR ITA NO.228/2009 BETWEEN SMT. SAIRA BANU # N-42, 9TH B MAIN LIC QUARTERS JEEVANBHIMANAGAR BANGALORE-560 075. (BY SRI A.SHANKAR AND SRI M.LAVA, ADVs.,) APPELLANT AND THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1) KENDRIYA SADAN KORAMANGALA BANGALORE-560 034. ...RESPONDENT (BY SRI K.V.ARAVIND, ADV.,) THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT1961 ARISING OUT OF ORDER DATED:27. 02.2009 PASSED IN ITA NO.957/BNG/2008, FOR THE ASSESSMENT YEAR200405, PRAYING TO: I. II. THIS2FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.957/BNG/2008, DATED2702.2009. ITA COMING ON FOR HEARING THIS DAY, VINEET SARAN J.DELIVERED THE FOLLOWING: JUDGMENT The main question involved in this appeal is whether the amount paid in cash by the appellant...

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Jun 26 2015

V Anitha Gangadhara Vs. S Srirama Reddy

Court: Karnataka

Decided on: Jun-26-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF JUNE2015PRESENT THE HONBLE MR. JUSTICE N.K. PATIL AND THE HONBLE MRS. JUSTICE RATHNAKALA MISC. FIRST APPEAL NO.10280/2013 (MV) BETWEEN:1. V.ANITHA GANGADHARA W/O LATE S.GANGADHARA AGED ABOUT45YEARS2 3. VISWAS S/O LATE S.GANGADHARA AGED ABOUT23YEARS G.SWATHI D/O LATE S.GANGADHARA AGED ABOUT20YEARS ALL ARE R/AT. NO.106/1, KODIHALLI, HAL II STAGE, ULSOOR POST, BANGALORE 560 008. APPELLANTS (BY SRI N.S.BHAT, ADV.) AND:1. S.SRIRAMA REDDY2 2 S/O SIDHA REDDY AGED ABOUT40YEARS R/AT D.NO.1/9 E-1, VENUGOPAL STREET, HOSUR TALUK, DHARMAPURI DISTRICT 635 109. THE MANAGER THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, POST BOX NO.28, 12003-A, OLD BANGALORE ROAD, HOSUR TALUK, DHARMAPURI DISTRICT 635 109. RESPONDENTS AGAINST THE AND (BY SRI ANUP SEETHARAMA FOR SRI B.C.SEETHARAMA RAO, ADV. FOR R2; R1 SERVED AND UNREPRESENTED) THIS M.F.A. IS FILED UNDER SECTION173(1) OF MV ACT AWARD DATED:03.05.2013 PASSED IN M.V.C. NO....

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Jun 25 2015

M/s. C.S. India and Others Vs. Additional Director General, Directorat ...

Court: Karnataka

Decided on: Jun-25-2015

(Prayer: Writ Appeal is filed under S.4 of the Karnataka High Court Act, 1961 praying to set aside the order dated 13.4.2004 in WP 5463/2004 and to allow the writ petition. Aravind Kumar, J. 1. In this intra-court appeal, writ petitioners are calling in question the correctness and legality of the order dated 13.4.2004 passed in WP No.5463/2004 whereunder the writ petition filed by petitioners calling in question the order passed by the Settlement Commission on 21.8.2003 “ Annexure E as well as order dated 19.9.2003 “ Annexure J came to be dismissed by confirming the order of Settlement Commission which had dismissed the application filed under Section 127B of the Customs Act, 1962 as not maintainable. 2. Facts in brief which has lead to the filing of this appeal can be crystallized as under: Petitioners were issued with a show cause notice dated 20.11.2002 “ Annexure - A alleging certain violations of the provisions of the Customs Act, 1962 and demanding duty and int...

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