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Karnataka Court July 2015 Judgments

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Jul 21 2015

Official Liquidator of the Mysore Kirloskar Limited, Bangalore Vs. Kir ...

Court: Karnataka

Decided on: Jul-21-2015

(Prayer: This Company Application is filed under Section 446 read with Section 456[1] and [2] and 457, 531A of the Companies Act, 1956, praying to declare lease agreement dated 21.10.2000 entered between the Ex-Management of The Mysore Kirloskar Limited and M/s. Kirloskar Institute of Advanced Management Studies as void against the Official Liquidator and cancel the lease agreement and etc.) 1. Heard the Counsel for the Official Liquidator and the learned Senior Advocate Shri. K.G. Raghavan, appearing for the counsel for the respondent. 2. It is the case of the Official Liquidator that the company in liquidation, M/s. Mysore Kirloskar Limited, had been ordered to be wound by this court, by an order dated 1.4.2004 in Company Petition No. 166/2001 and he has been appointed as the Official Liquidator by virtue of Section 449 of the Companies Act, 1956 (Hereinafter referred to as the Act', for brevity). 3. The present application is filed seeking cancellation of a lease deed entered into b...


Jul 21 2015

DTDC Express Limited, Bengaluru, represented by Surendra Ghosh Vs. Nil

Court: Karnataka

Decided on: Jul-21-2015

(Prayer: This Company Application is filed under Section 391 of the Companies Act, 1956, praying this Hon'ble Court to Order that the meetings of the secured creditors of the applicant company for the purpose of considering and if thought fit, approving, with or without modification, the Scheme of Amalgamation of DPD India Private Limited with DTDC Express Limited be dispensed with as the rights and interest of the said class of persons are not affected and etc.) 1. This application is filed seeking to dispense with the convening of the meetings of the secured creditors of the applicant company for approving the Scheme of Amalgamation between DPD India Private Limited and DTDC Express Limited, and further to convene the meetings of the Equity shareholders and unsecured creditors at DTDC House, No.3, Victoria Road, Bangalore “ 560 047 for the purpose of approving the Scheme of Amalgamation between DPD India Private Limited and DTDC Express Limited. 2. The applicant company is the ...


Jul 21 2015

Central Bureau of Investigation, Bangalore Vs. Kenche Mahesh Kumar

Court: Karnataka

Decided on: Jul-21-2015

(Prayer: This Criminal Petition is filed under Section 439(2) of Cr.P.C. praying to cancel the order of bail granted to the respondent/accused No.4 vide order dated 30.11.2013 by the XLVI Addl. City Civil and Sessions Judge for CBI cases at Bangalore CITY (CCH-47) in Crime NO. RC 13(A)/2012 registered for the offences punishable under Sections 120-B, 409, 420, 379, 411 and 447 of Indian Penal Code; Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988; and under Section 21 r/w 4(1), 4(1)(A) and 23 of MMDR Act, 1957 and under Section 24 of Karnataka Forest Act, 1963.) ORDER ON THE POINT RAISED 1. The point to be considered in this Criminal Petition is as under: Whether the computation of 90 days, as contemplated under Section 167 of the Cr.PC., would commence from the date the body warrant is served on the jail authorities or whether it should be taken as commencing from the date on which the accused is produced before the Court? ? 2. Brief facts relevant for deciding the afo...


Jul 21 2015

Sri S Sundaramurthy Vs. Smt Saraswathi Lakshmanan

Court: Karnataka

Decided on: Jul-21-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF JULY2015BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY REGULAR FIRST APPEAL No.169 OF2009CONNECTED WITH REGULAR FIRST APPEAL No.342 OF2009Sri. S. Sundaramurthy, Son of Late Sri. S.V.Subramaniam, Aged about 70 years, IN R.F.A.No.169/2009 BETWEEN:1. 2. (By Shri B.V.Acharya, Senior Advocate for Shri Ajesh Kumar .S and Shri Shanmukappa, Advocates) Both are residing at No.23, M.G.Road, Bangalore 560 001. Sri. Shanmugam, Son of Late Sri. S.V.Subramaniam, Aged about 67 years, APPELLANTS2Smt. Saraswathi Lakshmanan, Wife of Sri. A.S.Lakshmanan, Aged about 65 years, Residing at No.1/C, Cunningham Road, Bangalore 560 052. Smt. Vijayalakshmi Jayashankar, Wife of Sri. Jayashankar, Aged about 60 years, Residing at No.13, Brunton Road, Bangalore 560 025. AND:1. 2. 3.4. Smt. Kausalya Kugashankar, Wife of Sri. Kugashankar, Aged about 59 years, Residing at No.12, Brunton Road, Bangalore 560 025. Smt. S. Shankuntala Bai, Wif...


Jul 21 2015

Central Bureau of Investigation Vs. Kenche Mahesh Kumar

Court: Karnataka

Decided on: Jul-21-2015

R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF JULY2015PRESENT THE HONBLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR AND THE HONBLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.1697/2014 .. Petitioner BETWEEN: Central Bureau of Investigation No.36, Bellary Road Ganganagar Bangalore-560032 Represented by Inspector of Police CBI:ACB:Bangalore (By Sri C.H.Jadhav, Senior counsel for Sri D.G. Hegde, Adv.) AND : Kenche Mahesh Kumar @ Karapudi Mahesh S/o K. Nagraj Aged: Major R/o Ward No.21 2 Near Katta Nanjappa School J.P. Nagar, Near Bellary Road Circle Hospet-583201 ..Respondent (By Sri Hashmath Pasha, Adv.,) This Criminal Petition is filed under Section 439(2) of Cr.P.C praying to cancel the order of bail granted to the respondent/accused No.4 vide order dated 30.11.2013 by the XLVI Addl. City Civil and Sessions Judge for CBI cases at Bangalore CITY (CCH-47) in Crime No.RC13A)/2012 registered for the offences punishable under Sections 120-B, 409, 420, 379, 411 and 447 of...


Jul 21 2015

Mr Pavan Kumar S/O J M Venkataran Vs. Microsoft Corporation (India)

Court: Karnataka

Decided on: Jul-21-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF JULY, 2015 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA CRIMINAL PETITION NO.1666/2013 BETWEEN: Mr. PAVAN KUMAR, S/O J.M.VENKATARAN, AGED ABOUT46YEARS, DIRECTOR, PAC SOFT SOLUTIONS PVT. LTD., HAVING REGISTERED OFFICE AT SANTA MONICA, 1ST FLOOR, NO.2, HAYES ROAD, OFF. RICHMOND ROAD, BANGALORE-560 025. ... PETITIONER (BY SRI AMAR CORREA, ADV.) AND: MICROSOFT CORPORATION (INDIA) PVT. LTD., A COMPANY IN CORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT5H FLOOR, EROS CORPORATE TOWER, NEHARU PLACE, NEW DELHI-110 019, AND ITS CORPORATE OFFICE AT9H FLOOR, TOWER A, DLF CYBER, SECTOR25, GURGAON - 122 002, 2 REPRESENTED BY ITS ATTORNEY LEGAL AND CORPORATE AFFAIRS, Mr. THOMAS ALVARES. ... RESPONDENT THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED0108.2011 PASSED BY THE XIV A.C.M.M., BANGALORE (NOW REGISTERED IN C.C.NO.27012/2011) DIRECT TO REGISTER A CRIMINAL CASE AGAINST THE P...


Jul 21 2015

Smt. Rama R/O Vittal Tandel, Vs. Smt. Sharadha W/O Nandakumar Tandel,

Court: Karnataka Dharwad

Decided on: Jul-21-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE21S T DAY OF JULY, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA WRIT PETITION No.68688 OF2010[GM-CPC]. BETWEEN:1. SMT. RAMA W/O VITTAL TANDEL, AGE:80. YEARS, OCC: HOUSEHOLD, R/O PRATIKSHA NAGAR, SION FC NO.010203, KOLIWADA, MUMBAI.2. ASHOK VITTAL TANDEL, AGE:49. YEARS, OCC: SERVICE, R/O PRATIKSHA NAGAR, SION FC NO.010203, KOLIWADA, MUMBAI.3. ASHA D/O VITTAL TANDEL, AGE:51. YEARS, OCC: HOUSEHOLD, R/O PRATIKSHA NAGAR, SION FC NO.010203, KOLIWADA, MUMBAI.4. USHA MARUTHI PALEKAR, AGE:57. YEARS, :2. : OCC: HOUSEHOLD, R/O PRATIKSHA NAGAR, SION FC NO.010203, KOLIWADA, MUMBAI.5. BEBI VITTAL TANDEL, AGE:45. YEARS, OCC: HOUSEHOLD, R/O PRATIKSHA NAGAR, SION FC NO.010203, KOLIWADA, MUMBAI.6. REKHA VITTAL TANDEL, AGE:35. YEARS, OCC: HOUSEHOLD, R/O PRATIKSHA NAGAR, SION FC No.010203, KOLIWADA, MUMBAI.7. MAHENDRA VITTAL TANDEL, AGE:53. YEARS, OCC: SERVICE, R/O405 KRISHNA VATIKA CO-OP HOUSING80 BUILDING No.1, NEAR JYOTHI, DIST., CIS ROA...


Jul 21 2015

b.m. Muniraju Vs. The Commissioner Income Tax

Court: Karnataka

Decided on: Jul-21-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF JULY, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE ARAVIND KUMAR ITA NO.211/2015 BETWEEN B.M.MUNIRAJU SCIENCE INSTITUTE POST OFFICE MALLESWARAM, BANGALORE-12 PAN:AYTPM5350L ... APPELLANT THE COMMISSIONER INCOME TAX (APPEALS)-V, BANGALORE. (BY SRI.K.SHRIHARI, ADV.) AND1 INCOME TAX OFFICER, 2. WARD-13(1), BANGALORE. (BY SRI K.V.ARAVIND, ADV.,) ...RESPONDENTS THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT1961 ARISING OUT OF ORDER DATED:20. 02.2015 PASSED IN ITA NO.1472/BANG/2013, FOR THE ASSESSMENT YEAR200910 PRAYING TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW AS MENTIONED ABOVE; II. 2 ALLOW THE ABOVE APPEAL BY SETTING ASIDE THE JUDGMENT/ORDER DATED2002.2015 IN ITA NO.1472/BANG/2013 ON THE FILE OF THE INCOME TRIBUNAL, BANGALORE BENCH B BANGALORE FOR THE ASSESSMENT PRODUCED HEREWITH AND MARKED AS ANNEXURE-A TO THE APPEAL. APPELLATE TAX YEAR200910 THIS ITA COMING ON FOR ADMISSI...


Jul 20 2015

Prabhakar Reddy Vs. H.R. Ravichandra and Others

Court: Karnataka

Decided on: Jul-20-2015

(Prayer: This Civil Miscellaneous Petition is filed under Section 11 (5, 6) of the Arbitration and Conciliation Act, 1996 praying to allow the petition by appointing the competent person as the sole arbitrator and direct him to adjudicate all the disputes between the petitioner and the respondents as per reconstitution deed dated 23.2.2008 on the claims of the petitioner and to decide the same in accordance with law by passing appropriate award, in the interest of justice and equity. This Civil Miscellaneous Petition is filed under Section 11 (5, 6) of the Arbitration and Conciliation Act, 1996 praying to allow the petition by appointing the competent person as the arbitrator and direct him to adjudicate all the disputes between the petitioner and the respondents on the claims of the petitioner and to decide the same in accordance with law, as per Joint Development Agreement dated 25.2.2008.) 1. C.M.P.No. 152/2014 is filed seeking the appointment of the arbitrator to adjudicate the dis...


Jul 20 2015

Sushma Sanjappa Vs. Visvesvaraya Technological University, Belgaum Dis ...

Court: Karnataka

Decided on: Jul-20-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the entire records pertaining to the case of the petitioner and quash the impugned endorsement dated 02.07.2015 issued by R-1 vide Ann-K as the same is violative of Articles 14 and 16 of the Constitution and etc.) H.G. Ramesh, J. (Oral): 1. Is it permissible for this Court to interfere with the eligibility criteria prescribed by a University for admission to a course of study? This is the question that needs determination in this case. 2. In this writ petition, the petitioner is seeking for quashing of the communication dtd. 02,07.2015 (Annexure-K) issued by Visvesvaraya Technological University disapproving her admission to M.Tech Course in Computer Science and Engineering for the academic year 2014-15 on the ground that she did not possess the academic qualification required for admission to the aforesaid M.Tech Course. 3. The impugned communication reads as follows: "Ref:...


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