Karnataka Court August 2015 Judgments
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National Insurance Company Limited Vs. G. Swetha and Others
Court: Karnataka
Decided on: Aug-18-2015
1. These two appeals respectively by the insurer and the claimants are directed against the same judgment and award dated 4th May, 2012, passed in MVC No.3774 of 2010, by the VII Additional Judge and Member, Motor Accident Claims Tribunal-3, Court of Small Causes, Bangalore (SCCH-3) (for short, Tribunal'). 2. While the Insurer has filed the appeal seeking to set aside the direction issued by Tribunal to indemnify the award and also quantum of compensation awarded on the ground that, the entire claim petition should have been dismissed for fraud and misrepresentation and that the compensation awarded is exorbitant and disproportionate to the income of the deceased; the claimants have filed the appeal seeking enhancement of compensation on the ground that, the compensation awarded by Tribunal in their favour is inadequate and needs to be enhanced. 3. The facts in brief are that, the claimant 1 is the wife, claimant 2 is the minor son and claimants 3 and 4 are the parents, and claimant 5 ...
The Commissioner of Income-Tax Central Circle and Another Vs. Prakash ...
Court: Karnataka
Decided on: Aug-18-2015
(Prayer: This ITA is filed under Section 260A of Income Tax Act, 1961 arising out of order dated 27.02.2009 passed in ITA No.809/BNG/2008 for the assessment year 1998-99 praying to formulate the substantial questions of law stated therein and to allow the appeal and set aside the order passed by the ITAT, Bangalore in ITA No.809/BNG/2008 dated 27.02.2009 confirming the order of the appellate commissioner and confirm the order passed by the Deputy Commissioner of Income Tax, Circle-1(3), Bangalore.) 1. For the assessment year 1998-99, which is in question, the assessee is said to have filed a return of income on 11.1.2000, for which he claims to have a valid receipt from the Income-Tax Department. No order of assessment was passed on the said return for the assessment year 1998-99 and according to the assessee, the income was deemed to have been accepted under Section 143(1) of the Income Tax Act, 1961 (for short the Act'). However a notice dated 30.3.2005 was issued under Section 148 o...
Etagi Kotresh Vs. The Superintendent of Police, Davanagere and Others
Court: Karnataka
Decided on: Aug-18-2015
1. The petitioner is before this Court to seek release of seized gold and silver articles in PF No. 70/01 in Crime No. 196 of 2001. In view of the subsequent development, the petitioner is seeking that respondent 3 “ State be directed to pay the value of the said articles as indicated by them in Annexure “ R1 to the petition. 2. The petitioner claims to be an authorised pawn broker. Since a case in Crime No. 196 of 2001 was registered, in the course of the investigation, the articles were seized from the shop belonging to the petitioner. The articles seized from the shop of the petitioner were enlisted in PF No. 70/01. When the further proceedings in Crime No. 196 of 2001 was in progress before the Court of Judicial Magistrate First Class, Davanagere in C.C.No. 69 of 2003, the petitioner herein filed an application under Section 457 of Criminal Procedure Code, 1973 seeking release of the articles seized from the shop belonging to the petitioner. Since the said application w...
Commissioner of Income Tax and Another Vs. M/s. Canara Housing Develop ...
Court: Karnataka
Decided on: Aug-18-2015
(Prayer: Appeal is filed under S.260 A of the Income Tax Act, 1961 praying to set aside the orders passed by the Income Tax Appellate Tribunal, Bangalore in ITA 1425/Bang/2008 on 13.2.2009 and confirm the order of the Appellate Commissioner confirming the order passed by the Addl. Commr. Of Income Tax, Central Range 2, Bangalore.) The Revenue is in appeal against the order of the Tribunal whereby the penalty, which was imposed under section 271 E of the Income Tax Act (Act for short) by the Additional Commissioner of Income Tax, and confirmed by the Commissioner of Income Tax (Appeals), has been set aside by the Tribunal. The brief facts relevant for the purpose of this case are that for the assessment year 2005-06, respondent assessee had repaid certain advances/loans to M/s Annapoorneshwari Investments (for short AI') and M/s Adarsh Enterprises (for short AE') in cash which was to the tune of Rs.14.6 crores and 0.12 crores respectively which, according to the appellant “ Revenu...
The Commissioner of Income Tax and Another Vs. Dr. L. Narendra Prasad
Court: Karnataka
Decided on: Aug-18-2015
(Prayer: This ITA is filed under Section 260-A of the I.T Act, 1961 arising out of order dated 30-04-2009 passed in IT (SS) A No.47/BNG/2008, for the Block assessment period 1/4/1996 to 26/11/2002, praying that this Hon'ble Court may be pleased to: (i) formulate the substantial questions of Law stated therein, (ii) allow the Appeal and set aside the order passed by the ITAT Bangalore in IT(SS)A No.47/BNG/2008, dated 30-04-2009, confirming the order of the Appellate commissioner and confirm the order passed by the assistant commissioner of Income Tax, Circle-2(3), Bangalore, in the interest of justice and Equity.) 1. The Revenue has preferred this appeal under Section 260-A of the Income-Tax Act (hereinafter referred to as the Actfor short) being aggrieved by the order dated 30th April 2009 passed in IT(SS)A 47/BANG/2008 by the Income Tax Appellate Tribunal, Bangalore- ˜Bbranch, (hereinafter referred to as the Tribunalfor short) dismissing the appeal filed by the Revenue and confi...
M.V. Veena Srinivasan Vs. V. Srinivasan
Court: Karnataka
Decided on: Aug-18-2015
P.S. Dinesh Kumar, J. 1. This appeal is directed against the judgment and order dated 23-3-2011 in M.C. No. 1487 of 2002 on the file of II Additional Principal Judge, Family Court at Bengaluru allowing the petition filed by the husband under Section 9 of the Hindu Marriage Act, 1955 and dismissing the counter-claim filed by the wife seeking Divorce. 2. Brief facts of the case are that the marriage between the appellant and respondent was solemnised on 25-10-1988 at Guru Bhavan, Kollegal District. The couple have a male child born on 24-10-2000. 3. The averments contained in the petition filed before the Court below by the respondent disclose that the appellant went to her parentshouse for delivery and did not return to the matrimonial home. Efforts made by the husband to persuade the appellant to return to the matrimonial home did not yield any results. The husband initially wrote a letter requesting the appellant to join him in the matrimonial home. The said letter remained undelivere...
The Commissoner of Income Tax Vs. Sri Prakash B Nichani
Court: Karnataka
Decided on: Aug-18-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF AUGUST, 2015 PRESENT THE HONBLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE B MANOHAR ITA No.399/2009 BETWEEN:1. THE COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE, C R BUILDING, QUEENS ROAD, BANGALORE2 THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -1(3) C R BUILDING, QUEENS ROAD BANGALORE. .. APPELLANTS (BY SRI K V ARAVIND, ADV A/W SRI. E.I. SANMATHI, ADV.) AND: SHRI PRAKASH B NICHANI S-2, K BLOCK, GOLDEN ORCHID, LAVELLE ROAD BANGALORE SINCE DEAD BY L.Rs.1. NISHA P NICHANI W/O PRAKASH B NICHANI AGED40YEARS. 2 SHIVANGI, D/O PRAKASH P NICHANI AGED15YEARS. SINCE MINOR REPRESENTED BY NATURAL GUARDIAN, SMT.NISHA NICHANI.2.3. (BY SRI. A. SHANKAR, ADV.) AYESHA, D/O PRAKASH B NICHANI AGED13YEARS. SINCE MINOR REPRESENTED BY NATURAL GUARDIAN, SMT.NISHA NICHANI. (AS PER COURT ORDER DATED DATED87.2014) .. RESPONDENTS THIS ITA IS FILED UNDER SECTION260 OF INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED2702.2009 PAS...
The Commissioner of Income Tax Vs. Dr L Narendra Prasad
Court: Karnataka
Decided on: Aug-18-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF AUGUST2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MR.JUSTICE B MANOHAR ITA No.473 OF2009BETWEEN:1. THE COMMISSIONER OF INCOME-TAX, C.R.BUILDING, QUEENS ROAD, BANGALORE.2. THE ASST. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(3), C.R.BUILDING, QUEENS ROAD, BANGALORE. APPELLANTS (BY SRI.JEEVAN.J.NEERALAGI, ADV.,) AND: DR. L.NARENDRA PRASAD, No.175, 6TH CROSS, GANDHINAGAR, BANGALORE. (BY SRI.A.SHANKAR, ADV.,) RESPONDENT2THIS ITA IS FILED UNDER SECTION260A OF THE I.T. ACT, 1961 ARISING OUT OF ORDER DATED3004-2009 PASSED IN IT(SS)A NO.47/BNG/2008, FOR THE BLOCK ASSESSMENT PERIOD14/1996 TO2611/2002, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO: FORMULATE THE SUBSTANTIAL (i) QUESTIONS OF LAW STATED THEREIN, (ii) ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN IT(SS)A NO.47/BNG/2008, DATED3004-2009, CONFIRMING THE ORDER APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED B...
Commissioner of Income Tax, Vs. M/S Canara Housing Development Co.,
Court: Karnataka
Decided on: Aug-18-2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 18th day of August, 2015 Present THE HONBLE MR JUSTICE VINEET SARAN & THE HONBLE MR JUSTICE B MANOHAR Income Tax Appeal 382 / 2009 Between Commissioner of Income Tax 55/1, Shilpashree Vidyaranya Complex Vishveshwaranagar Mysore 570 008 Addl. Commissioner of Income Tax Central Range 2, # 59 HMT Bhavan, 6th Floor Bellary Road, Ganganagar Bangalore 32 1 2 (By Sri K V Aravind, Adv.) And M/s Canara Housing Development Company 10/1, Lakshminarayana Complex Palace Road, Bangalore (By Sri S Parthasarathi, Adv.) Appellants Respondent 2 Appeal is filed under S.260 A of the Income Tax Act, 1961 praying to set aside the orders passed by the Income Tax Appellate Tribunal, Bangalore in ITA1425Bang/2008 on 13.2.2009 and confirm the order of the Appellate Commissioner confirming the order passed by the Addl. Commr. Of Income Tax, Central Range 2, Bangalore. J, delivered the following: Appeal coming on for hearing this day, Vineet Saran JUDGME...
State by Vinobanagara Police, Shimoga Vs. Mohan Alias Navule Mohana an ...
Court: Karnataka
Decided on: Aug-17-2015
Mohan M. Shantanagoudar, J. 1. The judgment and order of acquittal dated 7-4-2011, passed by the Additional Sessions Judge, Shimoga, in SC No. 18 of 2009, is called in question in this appeal by the State. By the impugned judgment, the Trial Court has acquitted accused 1, 2, 5 and 8 of the offences punishable under Sections 143, 147, 148 and 302 read with Section 149 of Indian Penal Code, 1860, i.e., the offences with which they were charged. 2. Case of the prosecution in brief is that the incident in question has occurred on 11-7-2008; about 1 months prior to the incident, deceased Manjunath was found in the company of accused 1 and others in a hair cutting shop of one Nagarajappa, situated at Navule Village; mother of the deceased, namely Lalithamma warned the deceased not to have company/friendship with accused 1 and other accused inasmuch as the accused are bad elements in the society; at that point of time, mother of the deceased had scolded the accused in filthy language; being e...
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