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Karnataka Court August 2015 Judgments

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Aug 12 2015

M/s. Cargotec India Private Limited Vs. State of Karnataka through its ...

Court: Karnataka

Decided on: Aug-12-2015

(Prayer: These WAs. are filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition Nos.21490/2015 and 21703 - 21713/2015 dated 19.05.2015.) 1. The appellant is an assessee under the Karnataka Value Added Tax Act (for short 'KVAT Act). The dispute in these appeals is with regard to the payment of VAT under the said Act on certain items which were not disclosed by the appellant in its return for the year 2010-2011 (assessment period April, 2010 to March, 2011). On 30.1.2015, the Deputy Commissioner of Commercial Taxes issued a re-assessment notice under Section 39(1) of the KVAT Act, read with Sections 72(2) and 36 of the KVAT Act, for payment of further tax on items not disclosed by the appellant, and required the appellant to submit its reply to the said notice within seven days. In response thereto, appellant wrote to respondent No.3 on 6.2.2015 and prayed for 30 days time to submit its reply. When reply was not submitted, an endor...


Aug 12 2015

Mueen Pasha and Others Vs. Priya Sargunam

Court: Karnataka

Decided on: Aug-12-2015

1. This revision petition is filed under Section 46 of the Karnataka Rent Act, 1999 (for short, the Act') by the tenants aggrieved by the order of eviction passed on 1-4-2015 in HRC No. 73 of 2014 by the learned Chief Judge of the Court of Small Causes, Bangalore. 2. Petitioners herein are the tenants. Respondent is the landlady of the premises. She filed HRC No. 73 of 2014 under Sections 5, 27(2)(a), 27(2)(r) and 31(1)(a) of the Act seeking eviction of the tenants. 3. On perusal of the pleadings and the findings recorded, it emerges that father-in-law of the respondent-landlady had leased the premises in favour of the father of petitioners 1 and 2 one Mohammed Hafeezulla. The demised premises is a shop premises situated in the ground floor of the building which measures East to West 8 and North to South 10. On 3-7-2002, father-in-law of the respondent executed a registered gift deed in favour of the respondent-landlady. Thus, the respondent continued as landlady and father of the peti...


Aug 12 2015

Suresh Kumar Vs. State by Karnataka Lokayukta Police, Tumkur

Court: Karnataka

Decided on: Aug-12-2015

1. This criminal appeal is filed under Section 374(2) of Criminal Procedure Code, 1973 by the Advocate for the appellant-accused 1 praying to set aside the order dated 27-9-2014 passed by the II Additional District and Sessions Judge, Tumkur in Spl.C.No.124 of 2010-convicting the appellant-accused for the offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 and the appellant-accused is sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 5,000/-, in default of payment of fine, 3 months rigorous imprisonment for the offence punishable under Section 7 read with Section 13(2) of Prevention of Corruption Act, 1988 and the appellant/accused is sentenced to undergo R.I. for a period of two years and to pay a fine of Rs. 5,000/- in default of payment of fine, 3 months R.I. for the offence punishable under Section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988. 2. The case of the...


Aug 12 2015

Santhosh and Others Vs. The State through Shahbad Town Police Station, ...

Court: Karnataka Kalaburagi

Decided on: Aug-12-2015

(Prayer: This Criminal Appeal is filed under Section 374 of Cr.P.C., praying to set aside the judgment and order dated 03.08.2010 passed in S.C.No. 222/2009 by the Court of the III Additional Sessions Judge at Gulbarga, convicting the Appellants/ Accused for the offences P/U/S 323, 304(I) R/W Sec 34 of IPC and the Appellant/Accused No. 1 to 3 are sentenced to undergo R.I. for Seven years each and to pay of fine of Rs. 10,000/- each, ID SI for one year each for the offence P/U/S 304 (I) of IPC. Further the Appellants/Accused No. 1 to 3 are sentenced to pay fine of Rs. 1,000/- each ID SI for Two months each for the P/U/S 323 of IPC.) 1. This appeal is filed under Section 374, Cr.P.C. challenging the judgment of conviction and sentence passed in S.C. 222/09 which was pending on the file of III Additional Sessions Judge, Kalaburagi. During the pendency of this appeal, the 3rd appellant died and hence the appeal against him has abated. 2. These appellants were charges earlier for the offenc...


Aug 12 2015

Yamanappa Vs. Karnataka Vikas Grameen Bank, Rep. by its Manager S.G. S ...

Court: Karnataka Dharwad

Decided on: Aug-12-2015

(Prayer: This RSA is filed under Section 100 of CPC., against the Judgment and Decree dated 17.03.2011 passed in R.A. No. 35/2009 on the file of the Senior Civil Judge BADAMI, dismissing the appeal, filed against the judgment dated 24.06.2009 and the decree passed in O.S. No. 225/1999 on the file of the Civil Judge (JUNIOR DIVISION) and J.M.F.C., BADAMI, decreeing the suit filed for recovery of money.) 1. This is an unsuccessful defendant's second appeal against the judgment and decree dated 17.03.2011 made in R A No.35/2009 on the file of the Senior Civil Judge, Badami, confirming the judgment and decree dated 24.06.2009 made in O.S No. 225/1999 on the file of the Civil Judge (Jr.Dn.) and JMFC, Badami, decreeing the suit for recovery of money. 2. For the sake of convenience the parties herein are referred to as per their ranking before the Trial Court. 3. The respondent-plaintiff filed O.S.No.225/1999 against the present appellant-defendant for recovery of Rs. 20,355/- along with inte...


Aug 12 2015

Prema and Another Vs. The State of Karnataka by the Secretary, Health ...

Court: Karnataka Dharwad

Decided on: Aug-12-2015

(Prayer: This WP is filed under Article 226 of the Constitution of India praying to direct the respondents to execute and implement the order passed by this Hon'ble Court in Writ Petition No. 26349/2004 on 18.12.2008 (Annexure-A) to extend the Retiral and Family Pension benefits at par with the Government Servants as per the Karnataka Civil Services rules to the petitioner with effect from 01.09.2007 with arrears of Pension from 01.09.2007 till the date of disposal of the petition and continue to pay the family pension to the petitioner after the death of the deceased. 1. The petitioners are before this Court seeking direction to the Government to consider their applications for pensionary benefits and other benefits as accorded to them by this Court in Writ Petition No. 26349 of 2004 vide order dated 18th December 2008 and a further direction to the Government to extend the retiral and family pension and also pensionary benefits on par with the Government servants as per the Karnataka...


Aug 12 2015

Venkatesha @ Poori and Others Vs. The State of Karnataka, Shimoga Dist ...

Court: Karnataka

Decided on: Aug-12-2015

(Prayer: These criminal appeals are filed under Section 374(2) Cr.P.C. praying to set aside the judgment and order of conviction dated 30.09.2011 passed by the P.O., FTC, Bhadravathi in S.C.NO. 108/2009 “ convicting the appellants/accused for the offences punishable under Sections 143, 148 and 302 read with Section 149 of IPC and etc.) 1. The judgment and order of conviction dated 30.09.2011 passed by the Fast Track Court, Bhadravathi, in S.C. No. 108/2009 is called in question in these two appeals. The accused appellants were tried and convicted for the offences punishable under Sections 143, 148, 302 read with Section 149 of IPC by the Court below. Criminal Appeal No. 1224/2011 is filed by accused Nos. 3 to 6; whereas Criminal appeal No. 1183/2011 is filed by accused Nos. 1 and 2. 2. Case of the prosecution in brief is that accused are belonging to one particular caste and whereas the deceased is from another caste; since more than 10 years, the youngsters from the caste of the...


Aug 12 2015

V. Dhakashayani Vs. A.V. Ananthapadmanabha

Court: Karnataka

Decided on: Aug-12-2015

1. This revision petition is directed against the order dated 13-7-2015 passed by the Court of Small Causes, Bengaluru, in HRC No.192 of 2014 rejecting the application filed by the respondent-tenant under Section 43(2)(b) of the Karnataka Rent Act, 1999 (for short, the Act'). 2. Respondent herein has filed a petition in HRC No.192 of 2014 under Section 27(2)(r) and Section 29 of the Act, seeking eviction of revision petitioner. He has urged that the revision petitioner was the tenant under his vendor. After he purchased the property bearing Site No.701 vide registered sale deed dated 7-12-2012, the revision petitioner has continued as tenant under him. He has issued a legal notice calling upon the tenant to vacate the premises expressing that he required the premises for his bona fide use and occupation. When the tenant did not vacate, he has filed the eviction petition. 3. The tenant resisted the petition contending inter alia that she has been in occupation in the house constructed i...


Aug 12 2015

Venkatesha @ Poori Vs. The State of Karnataka

Court: Karnataka

Decided on: Aug-12-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE12H DAY OF AUGUST2015PRESENT THE HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR AND THE HONBLE MR. JUSTICE BUDIHAL R.B. CRIMINAL APPEAL No.1224/2011 C/W CRIMINAL APPEAL No.1183/2012 Venkatesha @ Poori S/o Annamalai Aged about 21 years Occ:Coolie BETWEEN: IN CRIMINAL APPEAL No.1224/2011 1.2. 3.4. Ramadasa @ Ramu S/o Murgan Aged about 21 years Occ: Mason Shivu @ Shivaraj S/o Balaram Aged about 18 years Occ: Coolie Lokesha @ Loki S/o Subramani Aged about 19 years PUC student 2 All are residents of Nehrunagara 5th Cross Tarikere Road Bhadravathi-577 301. (By Sri M Shashidhara, Adv. for A1 and A3 Sri Jagadeesha B N, Adv. for A2 and A4) IN CRIMINAL APPEAL No.1183/2012 1.2. Mahesh Kumar @ Mahesha Both are R/o. Nehru Nagara 5th Cross, Tarikere Road Bhadravathi Town Shimoga District. (By Sri M Sharass Chandra, Adv.) Prakasha S/o Sadiyappa Aged about 23 years S/o Velu Aged about 24 years .. APPELLANTS .. APPELLANTS AND: The State of Karn...


Aug 12 2015

Yamanappa S/O Vittappa Maharajanavar Vs. Karnataka Vikas Grameen Bank

Court: Karnataka Dharwad

Decided on: Aug-12-2015

R1IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE12H DAY OF AUGUST2015B E F O R E THE HON' BLE MR. JUSTICE B. VEERAPPA RSA No.5510/2011 (RECOVERY OF MONEY) BETWEEN: YAMANAPPA S/O VITTAPPA MAHARAJANAVAR BUT IN THE CASE CALLED AS MUTTAPPA AGE42YEARS, OCC AGRL. R/O KATAGERI, TQ BADAMI DIST. BAGALKOT PIN CODE56110 ... APPELLANT (BY SRI B.V. SOMAPUR, ADVOCATE) AND: KARNATAKA VIKAS GRAMEEN BANK BRANCH KATAGERI REP BY ITS MANAGER S.G. SANGONDIMATH R/O KATAGERI TQ BADAMI DIST BAGALKOT PIN CODE-561109. RESPONDENT2THIS RSA IS FILED UNDER SECTION100OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED1703.2011 PASSED IN R.A. No.35/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE BADAMI, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT DATED2406.2009 AND THE DECREE PASSED IN O.S. No.225/1999 ON THE FILE OF THE CIVIL JUDGE (JUNIOR DIVISION) AND J.M.F.C., BADAMI, DECREEING THE SUIT FILED FOR RECOVERY OF MONEY. THIS RSA COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: JUDGMENT This is...


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