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Karnataka Court July 2015 Judgments

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Jul 14 2015

Vydehi Institute of Dental Sciences Vs. State of Karnataka

Court: Karnataka

Decided on: Jul-14-2015

- 1 - WP Nos.28966-28968/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF JULY2015BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION NOS.28966-28968/2015 (EDN-RES) R BETWEEN:1. VYDEHI INSTITUTE OF DENTAL SCIENCES AND RESEARCH CENTRE No.82, EPIP AREA, NALLURAHALLI WHITEFIELD, BANGALORE56006 REPRESENTED BY ITS PRINCIPAL DR D.P.NARAYAN SON OF LATE D.H. PUNDALIK RAO AGED64YEARS2 3. MS. RAHEE INGTIPI DAUGHTER OF MR. SAMSON INGI AGED ABOUT19YEARS RESIDENT OF HOUSING BOARD DIPHU, KARBI ANGLONG, ASSAM PRESENTLY R/O GIRLS HOSTEL VYDEHI INSTITUTE OF MEDICAL SCIENCES NO.82, EPIP AREA, NALLURAHALLI WHITEFIELD, BANGALORE56006 MR. HESAMODIN GHAFARI SON OF MR. DARIOUSH AGED ABOUT19YEARS R/AT No.404, "SREE EMERALD PARK" VASVANI LANE ROAD, MARATHALALLI BANGALORE-560066 ... PETITIONERS (BY SRI A.LOBO, ADVOCATE) AND:1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HEALTH & FAMILY WELFARE DEPARTMENT - 2 - WP Nos.28966-28968/2015 (MEDICAL EDUCATION), VIKASA SOUDHA VIDHANA VEE...


Jul 14 2015

The Commissioner of Income Tax Vs. M/S Khivraj Motors

Court: Karnataka

Decided on: Jul-14-2015

1 R 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.775/2009 THE COMMISSIONER OF INCOME TAX, C.R. BUILDING, QUEENS ROAD, BANGALORE. BETWEEN:1. 2. (BY SRI. K.V. ARAVIND AND SRI. G. KAMALADHAR, ADVOCATES) AND: THE ASST. COMMISSIONER OF INCOME TAX CIRCLE-9(1), C.R. BUILDING, QUEENS ROAD, BANGALORE. APPELLANTS M/S KHIVRAJ MOTORS, NO.10/2, KASTURBA ROAD, BANGALORE-560 001. (BY SRI.A. SHANKAR AND SRI. M. LAVA, ADVOCATES) THIS APPEAL IS FILED UNDER SECTION260 OF INCOME TAX ACT, 1961 PRAYING TO FORMULATE THE RESPONDENT2SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITA No.286/BNG/2009, DATED1007.2009, CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-9(1), BANGALORE. ITAT BANGALORE IN THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, VINEET...


Jul 13 2015

M/s. Kumaraswamy Mineral Exports Pvt. Ltd. Vs. State of Karnataka by A ...

Court: Karnataka

Decided on: Jul-13-2015

(Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to quash the report under Section 12[3] of Karnataka Lokayukta Act 1984 issued by the R-2 dated 13.3.2014 vide Ann-A and quash the communication issued by the R-2 dated 18.3.2014 vide Ann-B.) 1. The petitioner has challenged in this writ petition Annexure-A the report under Section 12(c) of the Karnataka Lokayukta Act, 1984 where a recommendation was made to the competent authority to redress the grievance of the complainant by cancelling the mining lease and licence of the petitioner if already granted or to reject application for renewal of mining lease and also initiate criminal proceedings against the petitioner for the violation of provisions of Forest Conservation Act and IPC. 2. The petitioner is a Company incorporated under the Indian Companies Act, 1956. The petitioner applied for grant of mining lease for an area of 640 acres on 14.11.1986 along with a sketch. By mistake he had shown ...


Jul 13 2015

Commissioner of Income Tax, Bangalore Vs. M/s. Karnataka Power Corpora ...

Court: Karnataka

Decided on: Jul-13-2015

(Prayer: Appeals are filed under S.260 A of the Income Tax Act, 1961 praying to set aside the orders passed by the IT AT in IT A 1514 and 1513/Bang/2012 on 11.4.2014 confirming the order of the Appellate Commissioner and confirm the order passed by Deputy Commissioner of Income Tax, Circle 11 (5), Bangalore.) ƒ The Revenue has filed these two appeals challenging the order of the Income Tax Appellate Tribunal dated 11.4.2014 passed in ITAs 1514 and 1513 /Bang/ 2012. ITA 404/2014 relates to assessment year 2004-05 and ITA 405/2014 relates to assessment year 2003-04. The brief facts of this case are that the respondent assessee Karnataka Power Corporation Ltd (KPCL) is a public sector undertaking owned by the Government of Karnataka and is engaged in the business of power generation which was formed after the corporatisation of the erstwhile Karnataka Electricity Board (KEB) vide Government Order dated 30.3.2000. When the KEB was corporatised, it ceased to exist and its assets and li...


Jul 13 2015

State by Police Sub Inspector, Yesalur Police Station Vs. Y.S. Thammeg ...

Court: Karnataka

Decided on: Jul-13-2015

(Prayer: This criminal appeal is filed under Section 378 (1) and (3) Cr.P.C praying to grant leave to appeal against the Judgment and Order of acquittal dated 25.07.2011 passed by the Addl. Sessions Judge, F.T.C., Hassan, in S.C.NO.45/2006 - acquitting the respondents/accused for the offences punishable under Sections 307, 341, 324 read with Section 34 of IPC and etc.) Mohan M. Shantanagoudar, J. 1. The judgment and order of acquittal dated 25.7.2011 passed by the Additional Sessions Court, Hassan, in S.C. No.45/2006 is called in question in this appeal by the State. The accused were tried and acquitted of the offences punishable under Sections 307, 341, 324 read with Section 34 of IPC. 2. Case of the prosecution in brief is that there existed a dispute between the accused on the one side and P.W.2 on the other with regard to the agricultural property; on the date of the incident i.e., on 26.10.2005 at 5.15 p.m., all the accused veiled P.W.2 and assaulted him with clubs; P.W.1 interven...


Jul 13 2015

The Commissioner of Income Tax, C.R. Bulding, Bangalore and Another Vs ...

Court: Karnataka

Decided on: Jul-13-2015

(Prayer: This ITA is filed under section 260A of Income Tax Act, 1961 arising out of order dated 13.11.2013 passed in ITA No.63/BANG/2013 for the assessment year 2009-2010 praying to formulate the substantial question of law stated above and to allow the appeal and set aside the order passed by the ITAT, Bangalore in ITA No.63/BANG/2013 dated 13.11.2013 confirming the order of the Appellate Commissioner and confirm the order passed by the Income Tax Officer, Ward-4(1), Bangalore.) 1. The revenue is in appeal assailing the order of the Income Tax Appellate Tribunal dated 13.11.2013 passed in ITA No. 63/Bang/2013 whereunder, appeal filed by the revenue has been dismissed and order of the Appellate Commissioner has been affirmed. 2. Briefly stated the facts are :- The assessee is an individual and during the year previous to assessment year, sold property situated at Dr. Shivaram Karanth Nagar under a sale deed dated 06.10.2008 and capital gain on sale of said property was invested by the...


Jul 13 2015

The Commissioner of Income Tax Vs. Smt. B S Shanthakumari

Court: Karnataka

Decided on: Jul-13-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF JULY, 2015 PRESENT THE HONBLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE ARAVIND KUMAR ITA No.165/2014 BETWEEN:1. 2. THE COMMISSIONER OF INCOME TAX C R BUILDING, QUEENS ROAD BANGALORE THE INCOME TAX OFFICER WARD-4(1) UNITY BUILDING ANNEXE MISSION ROAD BANGALORE ... APPELLANTS (BY SRI: K V ARAVIND, ADV ALONGWITH SRI:E I SANMATHI, ADV) AND: SMT. B S SHANTHAKUMARI NO.187, 8TH MAIN BYRASANDRA, 1ST BLOCK EAST JAYANAGAR BANGALORE 560 022 ... RESPONDENT2THIS ITA IS FILED UNDER SECTION260 OF INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED1311.2013 PASSED IN ITA NO.63/BANG/2013 FOR THE ASSESSMENT YEAR20092010 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE AND TO ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE IN ITA NO.63/BANG/2013 DATED1311.2013 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-4(1), BANGALORE...


Jul 13 2015

The Commissioner of Income Tax Vs. M/S. Karnataka Power Corporation Lt ...

Court: Karnataka

Decided on: Jul-13-2015

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 13th day of July, 2015 Present THE HONBLE MR JUSTICE VINEET SARAN & THE HONBLE MR JUSTICE ARAVIND KUMAR Income Tax Appeals 404 & 405 / 2014 Between Appellants Commissioner of Income Tax C R Building, Queens Road Bangalore Deputy Commissioner of Income Tax Circle 11 (5), Rashtrothana Bhavan Nrupathunga Road, Bangalore 1 2 (By Sri K V Aravind, Adv.) And M/s Karnataka Power Corporation Ltd (Formerly Visvesvaraya Vidyuth Nigama Ltd) Shakthi Bhavan, # 82, Race Course Road Bangalore (By Dr R B Krishna, Adv.) Appeals are filed under S.260 A of the Income Tax Act, 1961 praying to set aside the orders passed by the ITAT in ITA1514& 1513/Bang/2012 on 11.4.2014 confirming the order of the Appellate Commissioner and confirm the order passed by Deputy Commissioner of Income Tax, Circle 11 (5), Bangalore. Respondent 2 delivered the following: Appeals coming on for Admission this day, Vineet Saran J, JUDGMENT The Revenue has filed these two ...


Jul 13 2015

M/S Kumaraswamy Mineral Exports Pvt Ltd Vs. State of Karnataka

Court: Karnataka

Decided on: Jul-13-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF JULY2015PRESENT THE HONBLE MR. JUSTICE N.KUMAR AND THE HONBLE MR. JUSTICE B.SREENIVASE GOWDA WRIT PETITION No.17548/2014 (GM-KLA) BETWEEN : M/s Kumaraswamy Mineral Exports Pvt. Ltd., By its General Manager, Sri S.P.Vijaykumar, S/o Late S.P.Maregoud, Aged about 51 years, No.35, Park Enclave, Park Road, Tuskar Town, Shivajinagar, Bangalore-560 051. (By Sri D.L.N.Rao, Senior Counsel for Smt.S.R.Anuradha, Adv.) AND :1. State of Karnataka By Addl. Chief Secretary, Department of Commerce & Industries ...PETITIONER2 2 M.S. Building, Ambedkar Veedhi, Bangalore-560 001. The Honble Lokayukta State of Karnataka, M.S. Building, Ambedkar Veedhi, Bangalore-560 001 3. Mohammed Tanveer Major, S/o Mr. Ahmed Hussain, Smart Communications Rameshwari Complex, Kalamma Street, Bellary-583 101 RESPONDENTS (By Smt.S.Susheela, AGA for R-1; Sri G.Devaraj, Adv. for R-2; Sri Kaleemullah Shariff, Adv. for R-3.) . . . . This writ petition is f...


Jul 10 2015

P. Jayaram Vs. The State of Karnataka, represented by the Home Secreta ...

Court: Karnataka

Decided on: Jul-10-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue: A) Writ in the Nature of Habeas Corpus by quashing of the Order of Detention dated 11.04.2015 passed by Respondent No. 2 in No. 1. MAG(1) CR.01/45693/15-16 vide Annexure “ A and B and etc.,) 1. Brief facts leading to this Habeas Corpus Petition are as under: The initial order of detention vide Annexure “ A dated 11.4.2015 was passed by the delegate i.e., the District Magistrate, Shivamogga under Section 3(2) r/w Section 3(1) of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video or Audio Pirates Act, 1985 ( ˜the Actfor short) on certain grounds. The grounds of detention were served on the detenue as per Annexures “ C and D dated 11.4.2015. Thereafter, the order of approval was passed by the State Government under Section 3(3) of the Act vide Annexure &ldqu...


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