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Karnataka Court July 2015 Judgments

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Jul 15 2015

shankar.V Vs. The Secretary

Court: Karnataka

Decided on: Jul-15-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 15th day of July, 2015 Present THE HONBLE MR JUSTICE VINEET SARAN & THE HONBLE MR JUSTICE ARAVIND KUMAR Writ Appeals 1540 41 / 2015 (LB-Res) Between Shankar V S/o Venkataramanappa 35 yrs, Municipal Councilor Srinivasapura Town Municpal R/a Venkateshpura Extension Near SFS School, Srinivasapura Tq Kolar District 1 2 Appellants M Chaitanya W/o M Srinath 27 yrs, Municipal Councilor Srinivasapura Town Municipal R/a Ramakrishna Layout Srinivasapura Taluk Kolar (By Sri Narayana Bhat M, Adv.) And 1 Secretary Urban Development Authority Vikas Soudha, Ambedkar Veedhi Bangalroe 2 Under Secretary Finance Department (Sangrana Cell) Vidhana Soudha Bangalore Under Secretary Urban Development Department Vikas Soudha Bangalore Director Municipal Corporation M S Building, Ambedkar Veedhi Bangalore Deputy Commissioner Kolar District Kolar Town Planning Director District Urban Development Cell Kolar District Kolar The Kolar Nirmithi Kendra Honn...


Jul 14 2015

The Commissioner of Income Tax and Another Vs. M/s. Khivraj Motors

Court: Karnataka

Decided on: Jul-14-2015

(Prayer: This appeal is filed under Section 260A of Income Tax Act, 1961 praying to formulate the substantial questions of law stated therein and allow the appeal and set aside the order passed by the ITAT Bangalore in ITA No. 286/bng/2009, dated 10.07.2009, confirming the order of the appellate commissioner and confirm the order passed by the Assistant Commissioner of Income Tax, Circle-9(1), Bangalore.) 1. This is an appeal filed by the revenue against the order of the Income Tax Appellate Tribunal, Bengaluru Bench 'A' dated 10.07.2009. 2. Brief facts of the case are that: For the assessment year 2005-06, respondent - assessee had declared capital gains of Rs.1,76,88,000/- towards the full value of consideration of the property plus Rs. 20 lakhs received by the assessee as non-refundable deposit in lieu of surrendering tenancy rights. Assessing Officer, by order dated 28.12.2007 assessed the capital gains at Rs.2,30,14,568/- plus Rs.20 lakhs. Challenging the said order, respondent - ...


Jul 14 2015

Vydehi institute of Dental Sciences and Research Centre and Others Vs. ...

Court: Karnataka

Decided on: Jul-14-2015

(Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India praying to set the aside the R-2 action of refusal to the approve the admission of petitioners 2 and 3 in the 1st Petitioner college in the first BDS course in the academic year 2013-14 and directing discharge, by its letter dtd.3.7.2015, vide Annex-A and to direct the r-2 to approve the admission of petitioners 2 and 3 to 1st year BDS course in the 1st petitioner college, in the academic year 2013-14.) 1. Whether online uploading of admission statement on the University's website along with studentsphotos before the date and time stipulated in the admission time schedule notified by the Rajiv Gandhi University of Health Sciences, Karnataka, is mandatory? This is the question that needs determination in these writ petitions. 2. These writ petitions by a Dental College and its two students are directed against the communication dated 03.07.2015 (Annexure-A) issued by Rajiv Gandhi University of Health ...


Jul 14 2015

Bheema Rao @ Bheemasen and Others Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Jul-14-2015

1. The petitioners have assailed order dated 29th June, 2007 (Annexure-A) passed by respondent 2-Deputy Commissioner, Bagalkot. 2. It is the case of the petitioners that they are the inamdars of the land in question situated at Balakundi Village, Bagalkot District, which were granted in the 19th Century to their ancestors. Under the provisions of the Bombay Personal Inams Abolition Act, 1952, the lands stood vested with the State on the enforcement of the aforesaid Act, with effect from 1st August, 1953. The said Act recognized the right of persons in the mines and mineral products in the land in question. In respect of the said land, initially, there was an order passed by the Deputy Commissioner on 5th August, 1995 holding that the said land had vested in the State. The order was assailed before this Court in a writ petition. Ultimately, a Division Bench of this Court, by its judgment and order dated 27th June, 1996, held that the vested of the land under Section 7 of the Act was by ...


Jul 14 2015

T. Krishnamurthy Vs. D. Prema Kumari

Court: Karnataka

Decided on: Jul-14-2015

(Prayer: This Appeal is filed under Order 43 Rule 1(r) of CPC, against the order dt. 22.01.2015 passed on I.A.No.1 in O.S.No.8800/2014 on the file of the Presiding Officer, Fast Track Court-VIII, C/C. XXXVII Additional City Civil and Sessions Judge, Bengaluru, allowing I.A.No.1 filed u/o 39 Rule 1 and 2 of CPC.) 1. This appeal is filed against the order dated 22.01.2015 passed by the XXXVII Addl. City Civil and Sessions Judge, Bengaluru City, allowing I.A.No.1 filed under Order 39 Rules 1 and 2 CPC thereby granting an order of temporary injunction in favour of respondent herein restraining the appellant from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property. 2. Suit schedule property is a site bearing No.82 formed in survey No.107/1A1 situated at Malathahalli Village, Yelahanka Hobli, Bengaluru North Taluk, measuring East to West 40 feet and North to South 30 feet with construction thereon. 3. Case of the plaintiff is that she purch...


Jul 14 2015

S. Nithin Kumar and Another Vs. The State of Karnataka, represented by ...

Court: Karnataka

Decided on: Jul-14-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dtd. 17.5.2012 in document No. 10387/2010-11 and in dispute No. STP 45-A (3) SMG 92/2011-12 passed by the R-3 district registrar, Shimoga produced at Annexure-G and etc.,) 1. The petitioners are before this Court assailing the order dated 17.05.2012 passed by the 3rd respondent and the order dated 25.03.2013 passed by the 2nd respondent. 2. The petitioners have purchased the property in question under the sale deed registered on 24.03.2011. In respect of the same, the proceedings relating to under valuation was initiated and the 3rd respondent by order dated 17.05.2012 has arrived at the conclusion that the property had been under valued and therefore the value according to the 3rd respondent has been fixed. 3. The petitioners claiming to be aggrieved by the same had preferred an appeal under Sections 45-A(5) of the Karnataka Stamp Act before the 2nd respondent. The 2...


Jul 14 2015

Skand Private Limited Vs. Nil

Court: Karnataka

Decided on: Jul-14-2015

(Prayer: This Company Petition is filed under Section 391 to 394 of the Companies Act, 1956, praying that the said Scheme of Amalgamation, produced as per Annexure-A be sanctioned by this Hon'ble Court so as to be binding on the petitioner company, its shareholders and creditors and also on Sattari Engineering Enterprises Private Limited [First Transferor] and Sunshine Real Estates and Constructions Private Limited [Second Transferor] and its shareholders and creditors.) 1. These petitions are filed by Sattari Engineering Enterprises Private Limited (hereinafter referred to as the Transferor Company No.1', for brevity), Sunshine Real Estates and Constructions Private Limited (hereinafter referred to as the Transferor Company No.2', for brevity) and Skand Private Limited (hereinafter referred to as the Transferee Company', for brevity) seeking sanction of the Scheme of Amalgamation of the Transferor Company No.1 and Transferor Company No.2 with the Transferee Company. 2. The petitioner ...


Jul 14 2015

Narayana Guru Vs. The Commissioner of Income Tax, Mangalore

Court: Karnataka

Decided on: Jul-14-2015

(Prayer: This Appeal is filed under Section 260A of Income Tax Act, 1961 praying to formulate the substantial questions of law stated therein and allow the appeal and set aside the order issued by the ITAT Bangalore in ITA No. 4/BNG/2009, dated 29.05.2009.) 1. Assessee has filed this appeal challenging the correctness and legality of the order passed by Income Tax Appellate Tribunal, Bangalore Bench B', Bangalore dated 29.05.2009 in ITA No.4/Bang/2009 whereunder appeal filed by the assessee questioning the order of Commissioner for Income Tax, Mangalore who had rejected the assessee's application filed under Section 80G of the Income Tax Act, 1961 (for short Act') came to be affirmed. 2. Appellant (hereinafter referred to as assessee') is a society registered under the Karnataka Societies Registration Act, 1960. It was granted registration under Section 12A and also approval under Section 80G(5)(vi) of the Act with effect from 17.02.2004 to 31.03.2005. Thereafter, continuation of the a...


Jul 14 2015

Sri Narayana Guru Prasaditha Sangha Vs. The Commissioner of Income Tax

Court: Karnataka

Decided on: Jul-14-2015

1 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE14H DAY OF JULY, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE ARAVIND KUMAR ITA NO.687/2009 BETWEEN: SRI NARAYANA GURU PRASADITHA SANGHA, SHUNTILPADAVU, NIDDODI VILLAGE, KARKALA TALUK-574 227 REP. BY ITS PRESIDENT SRI N. CHANDAYA, AGED ABOUT65YEARS S/O SRI. BASAPPA MAJARI. (BY SMT. JINEETHA CHATRJEE FOR SRI. S. PARTHASARATHI, ADVOCATE) AND: THE COMMISSIONER OF INCOME TAX, C.R.BUILDING, ROOM NO.1 CENTRAL REVENUE BUILDING, ATTAVARA, MANGALORE-575 001. RESPONDENT (BY SRI E.I. SANMATHI AND SRI.K.V. ARAVIND, ADVOCATES) APPELLANT2THIS APPEAL IS FILED UNDER SECTION260 OF INCOME TAX ACT, 1961 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW THE APPEAL AND SET ASIDE THE ORDER ISSUED BY No.4/BNG/2009, DATED2905.2009. DAY, ARAVIND KUMAR FOLLOWING: THIS APPEAL IS COMING ON FOR HEARING THIS THE J, DELIVERED THE ITAT BANGALORE IN ITA JUDGMENT Assessee has filed this appeal challen...


Jul 14 2015

Kenchawwa w/o.shivanagappa Hediyal Vs. Shivashankarappa S/O. Shivappa ...

Court: Karnataka Dharwad

Decided on: Jul-14-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE14H DAY OF JULY, 2015 BEFORE THE HONBLE MR. JUSTICE B. VEERAPPA W.P. No.105821 /2015 (GM-CPC) BETWEEN1 KENCHAWWA W/O.SHIVANAGAPPA HEDIYAL AGE:53. YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK R/O. CHIKKAMAGANUR VILLAGE TQ: RANEBENNUR DIST: HAVERI2 BASAVARAJAPPA S/O. TIRAKAPPA HEDIYAL AGE:59. YEARS, OCC: AGRICULTURE R/O. CHIKKAMAGANUR VILLAGE TQ: RANEBENNUR DIST: HAVERI3 BHARAMGOUDA S/O. TIRAKAPPA HEDIYAL AGE:55. YEARS, OCC: AGRICULTURE R/O. CHIKKAMAGANUR VILLAGE TQ: RANEBENNUR DIST: HAVERI :2. :4. MALATESH @ KUMAR S/O. BHARMAGOUDA HEDIYAL AGE:40. YEARS, OCC: AGRICULTURE R/O. CHIKKAMAGANUR VILLAGE TQ: RANEBENNUR DIST: HAVERI5 SHANKRAPPA S/O. BHARAMAGOUDA HEDIYAL AGE:37. YEARS, OCC: AGRICULTURE R/O. CHIKKAMAGANUR VILLAGE TQ: RANEBENNUR DIST: HAVERI ... PETITIONERS (BY SRI DINESH M. KULKARNI, ADV.) AND1 SHIVASHANKARAPPA S/O. SHIVAPPA SORATUR AGE:48. YEARS, OCC: AGRICULTURE R/O. CHIKKAMAGANUR VILLAGE TQ: RANEBENNUR DIST: HAVERI2...


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