Karnataka Court June 2015 Judgments
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P.R. Sriranga Vs. Town Co-Operative Bank Ltd. and Others
Court: Karnataka
Decided on: Jun-22-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order / award dated 16.1.2007 passed by the arbitrator under the Karnataka Co-Operative Societies Act [Joint Registrar] under Rule 441 in Case No. JRD / UBF / t-3230/ 2006-07 [Old No. JRB/ DS No. 3938/2000-2001/ vide Ann-A set aside the judgment dated 30.9.2014 passed by the Hon'ble Karnataka Appellate Tribunal Bangalore in appeal no.347/2007 vide annex-B.) H.G. Ramesh, J. (Oral): 1. This writ petition is directed against the judgment dated 30th September 2014 (Annexure-B) passed by the Karnataka Appellate Tribunal dismissing the petitioner's appeal in Appeal No. 347/2007 filed against the award dated 16.1.2007 (Annexure-A) passed by respondent No.4- Arbitrator against the petitioner and others for Rs.3,99,520/- plus interest thereon at 19.5% and costs of Rs.280/-. 2. The sole contention urged by the learned Counsel for the petitioner is that the petitioner had no oppo...
Manjula Vs. Fakkirappa
Court: Karnataka Dharwad
Decided on: Jun-22-2015
(Prayer: Writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned Order Annexure-G, dated 20.01.2015, in MA No.36/2014, passed by the learned IIIrd additional Senior Civil Judge, Dharawd, and consequently confirm the Order dated 28.07.2014, passed in O.S.No.364/2011, passed by the 1st Additional Civil Judge, Dharwad as per Annexure-E.) 1. The defendant filed the above writ petition challenging the order dated 20.01.2015 made in M.A.No.36/2014 on the file of III Addl. Senior Civil Judge and CJM, Dharwad allowing the appeal under Order 22 Rule 3 R/w Section 151 of Code of Civil Procedure by setting aside the order dated 20.07.2014 made in O.S.No.364/2011 on the file of I Addl. Civil Judge, Dharwad and directed the Trial Court to re-open the case and hold enquiry on I.A. filed under Order 22 Rule 3 r/w Section 151 of Code of Civil Procedure and proceed in accordance with law. 2. The brief facts of the case are; That one Basappa S/o. Fak...
The Commissioner of Income Tax and Another Vs. M/s. United Racing and ...
Court: Karnataka
Decided on: Jun-22-2015
(Prayer: This Appeal is filed under Section 260A of Income Tax Act, 1961 praying to formulate the substantial questions of law and allow the Appeal and set aside the Orders passed by the Income Tax Appellate Tribunal, Bangalore in ITA No.1122/Bang/2008 dated 31.3.2009 confirming the order of the appellate commissioner and confirm the Order passed by the Deputy Commissioner of Income Tax, Central Circle-2(3), Bangalore.) 1. The revenue is in appeal questioning the correctness and legality of the order passed by the Income Tax Appellate Tribunal, Bangalore Bench in ITA No.1122/Bang/2008 dated 31.03.2009 whereunder order passed by the CIT (Appeals) dated 04.06.2008 reversing the order of assessment dated 21.07.2006 passed under Section 143(3) r/w Section 147 of the Income Tax Act, 1961 (hereinafter referred to as the Actfor brevity) which was pursuant to the notice issued under Section 148 of the Act for re-opening the assessment concluded on 29.10.2004. 2. The above appeal has been admit...
Mr. c.k.rama Murthy Vs. State Election Commission
Court: Karnataka
Decided on: Jun-22-2015
-:1. :- R BVNJ: Pronounced on 22.06.2015 ORDER ON I.A.NOs.I to IX/2015 IN WRIT PETITION NOs.7939-40/2015 (LB-BMP) c/w WRIT PETITION NOs.8041 & 8318/2015 (LB-ELE) BETWEEN: Mr.C.K.Rama Murthy & Others. AND: State Election Commission & Others ***** .. Petitioners .. Respondents When this Court renders judgments, it does so with great care and responsibility. The law declared by this Court is binding on all courts. All authorities in the territory of India are required to act in aid of it. Any interpretation of a law or a judgment, by this Court, is a law declared by this Court. The wider the power, more onerous is the responsibility to ensure that nothing is stated or directed in excess of what is required or relevant for the case, and to ensure that the Courts orders and decisions do not create any doubt or confusion in regard to a legal position in the minds of any authority or citizen, and also to ensure that they do not conflict with any other decision or existing law. Som Mittal v. G...
The Commissioner of Income Tax Vs. M/S United Racing & Blood Stock Bre ...
Court: Karnataka
Decided on: Jun-22-2015
1 R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE22d DAY OF JUNE, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE ARAVIND KUMAR ITA NO.436/2009 BETWEEN:1. THE COMMISSIONER OF INCOME TAX C.R.BUILDING QUEENS ROAD, BANGALORE. THE DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-2(3) C.R.BUILDING, QUEENS ROAD, BANGALORE.2. APPELLANTS (BY SRI. K.V. ARAVIND, STANDING COUNSEL) AND: M/S UNITED RACING & BLOOD STOCK BREEDERS PVT. LTD., UB ANCHORAGE, NO.100/1, RICHMOND ROAD, BANGALORE. (BY SMT. S.R. ANURADHA, ADVOCATE) RESPONDENT2THIS APPEAL IS FILED UNDER SECTION260 OF INCOME TAX ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AND ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE IN ITA NO.1122/BANG/2008 DATED313.2009 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), BANGALORE. THIS APPEAL HAVING BEEN H...
Manjula W/O Ningappa Dastikoppa Vs. Fakkirappa S/O Madivalappa Guladko ...
Court: Karnataka Dharwad
Decided on: Jun-22-2015
:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE22d DAY OF JUNE, 2015 BEFORE THE HONBLE MR. JUSTICE B. VEERAPPA W.P. NO.102360/2015 (GM/CPC) BETWEEN: MANJULA W/O NINGAPPA DASTIKOPPA AGE:28 YEARS, OCC:HOUSEHOLD AND AGRICULTURE, R/O: METYAL, TQ:BAILHONGAL, DIST:BELGAVI. (BY SRI.: R H ANGADI, ADV.,) AND ... PETITIONER FAKKIRAPPA S/O MADIVALAPPA GULADKOPPA, AGE:49 YEARS, OCC:AGRICULTURE, R/O:MADABHAVI, TQ & DIST: DHARWAD. ... RESPONDENT WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER ANNEXURE-G, DATED2001.2015, IN MA NO.36/2014, PASSED BY THE LEARNED IIIRD ADDITIONAL SENIOR CIVIL JUDGE, DHARAWD, AND CONSEQUENTLY CONFIRM THE ORDER DATED :2. :28. 07.2014, PASSED IN O.S.NO.364/2011, PASSED BY THE1T ADDITIONAL CIVIL PER ANNEXURE-E. JUDGE, DHARWAD AS THIS WRIT PETITION COMING ON FOR PRL. HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The defendant filed the above writ petition challenging the order dated 20...
Bazil D’Souza and Another Vs. Anil Kumar and Others
Court: Karnataka
Decided on: Jun-19-2015
(Prayers: MFA No.3888/2014 filed u/s 27 of Karnataka Municipalities Act, against the Judgment dated 25.4.2014 passed in Election Petition no.1/2013 on the file of the I Addl. Sr. Civil Judge, Mangalore, and etc. MFA No.3889/2014 filed u/s 27 of Karnataka Municipalities Act, against the Judgment dated 25.4.2014 passed in Election Petition no.2/2013 on the file of the I Addl. Sr. Civil Judge, Mangalore, and etc.) 1. M.F.A.No.3888/2014 arises out of the order dated 25.04.2014 passed by the I Additional Senior Civil Judge, Mangalore. The court below has allowed the Election Petition filed by the 1st respondent herein under Section 21 of the Karnataka Municipalities Act, 1964 (for short, the Act') read with Rule 69 of the Karnataka Municipalities (Election of Councilors) Rules, 1977 (for short, the Rules') and has declared the election petitioner as duly elected Councilor of Ward No.24 of Ullal constituency, Mangalore Taluk. 2. In M.F.A.No.3889/2014, appellant challenges a similar order dat...
sri.bazil D Souza Vs. sri.anil Kumar
Court: Karnataka
Decided on: Jun-19-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF JUNE, 2015 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL M.F.A.No.3888/2014 C/w M.F.A.No.3889/2014 IN M.F.A.No.3888/2014 BETWEEN SRI BAZIL DSOUZA S/O JERRY DSOUZA, MAJOR, 3-176, CHEMBUGUDDE, PERMANNUR VILLAGE, MANGALORE TALUK. : APPELLANT (BY SRI.S.RAJASHEKAR, ADV.) AND1 SRI ANIL KUMAR S/O MAHABALA AGED ABOUT39YEARS R/AT KAPIKAD, ULLAL VILLAGE, MANGALORE TALUK.2. SRI H.ISMAIL SHAFI S/O HUSSAINABBA MAJOR R/AT PANDITH HOUSE PERMANNUR VILLAGE, MANGALORE TALUK.3. HARISH SHETTY MAJOR, FATHERS NAME NOT KNOWN TO PETITIONER, CHEMBUGUDDE, PERMANNUR, ULLALA, MANGALORE TALUK. 2 4. NAZARATH ALI MAJOR, FATHERS NAME NOT KNOWN TO PETITIONER, HOUSE NO.3-96-A1, PILAR, PERMANNUR, MANGALORE TALUK.5. HENRY DSOUZA MAJOR, FATHERS NAME NOT KNOWN TO PETITIONER, CHEMBUGUDDE, PERMANNUR, ULLALA, MANGALORE TALUK.6. THE ELECTION/RETURNING OFFICER, ULLAL TOWN MUNICIPALITY, WARD NO.24, ULLALA, MANGALORE, D.K. : RESPONDENTS (By Sri G.BALAKRISHNA SHASTRY...
N.G. Lakshmamma and Another Vs. Firoz Khan
Court: Karnataka
Decided on: Jun-18-2015
1. These appeals are heard and disposed of together by this common judgment, as all the appeals are by the same appellant. The appellant was the plaintiff in the civil suit in O.S.No.5293 of 1993, before the City Civil Court, Bangalore and RFA No.139 of 2009 is preferred against the judgment therein. The appellant was the first defendant in the civil suit in O.S.No.4807 of 1995, before the City Civil Court, Bangalore. The said suit was disposed of by a common judgment along with the suit of the appellant in O.S.No.5293 of 1993 aforesaid. RFA No.445 of 2009 is filed challenging the decree in favour of the respondent therein. The appeal in RFA No.34 of 2010 is filed challenging the dismissal of the suit by the appellant, against several defendants in the civil suit in O.S.No.1799 of 1995, before the City Civil Court, Bangalore. 2. The facts are said to be as follows: One N.G. Lakshmamma, wife or one B.C. Ramakrishna, was the plaintiff in the civil suit in O.S.No.5293 of 1993. She was sai...
Muni Rajappa Vs. Assistant Commissioner, Bangalore North Sub-Division, ...
Court: Karnataka
Decided on: Jun-18-2015
1. Petitioner claiming to be the son of one Durgappa S/o Badiga, a grantee of 2 acres of land in Sy. No. 177 of Bagalur Village, Jala Holi, aggrieved by the conveyance of 1acre of said granted land by his father under a sale deed registered on 25-4-1959 jointly in favour of respondents 2, 3 and 4 as also balance 1acre of land under the registered sale deed 2-1-1961 in favour of said respondents 2, 3 and 4 alleging that his father belonging to Scheduled Caste community had conveyed the granted land in violation of conditions of the grant, filed an application under Section 4 of the Karnataka Scheduled Caste and Scheduled Tribes (prohibition of Transfer of certain Lands) Act, 1978 (for short, the PTCL Act') for a declaration to annul the sale deeds and restore the land to the petitioner. 2. That application when considered by the Assistant Commissioner led to an enquiry, whence, it was found that the grant certificate was a Xerox copy and not the original and that the records did not dis...
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