Karnataka Court August 2015 Judgments
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M/S Cargotec Inida Private Limited Vs. 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 AUGUST, 2015 PRESENT THE HONBLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE B MANOHAR WA Nos.1552 & 1571 - 81/2015 (T RES) .. APPELLANT BETWEEN: M/s Cargotec India Private Limited No.10-B, 2nd Phase, Peenya Industrial Area, Bangalore-562 058 (Represented by Shri B K Ramamohan). (By Sri Shivadass G, Adv.) AND:1. State of Karnataka Through its Principal Secretary Finance Department Vidhana Soudha Bangalore-560 001.2. The Commissioner of Commercial Taxes in Karnataka Vanijya Therige Karyalaya Gandhinagar, Bangalore-560 009. 2 The Manager, Standard Chartered Bank, Raheja Towers 26/27, M G Road Bangalore-560 001. Deputy Commissioner of Commercial Taxes (Audit)-6.4, VAT Division-6 3rd Floor, KIADB Building Peenya II Stage, Peenya Bangalore-560 058 3.4. 5.6. (By Sri K M Shivayogiswamy, AGA for R1 to R3, Sri M C Nagashree, Adv. for R5, Sri Jeevan J Neeralgi, Adv. for R6) Union of India Through its Finance Secreta...
Santosh S/O Devindrappa Ors Vs. The State Through Shahabad Town Police ...
Court: Karnataka Kalaburagi
Decided on: Aug-12-2015
1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE12H DAY OF AUGUST, 2015 BEFORE THE HONBLE MR. JUSTICE A.V.CHANDRASHEKARA CRIMINAL APPEAL No.3676/2010 BETWEEN:1. 2.3. Santosh S/o Devindrappa Ambekar, Age:26. years, Occ: Electrician, R/o LTRT151, 15th Cross Shahabad Tq. Chittapur. Sushil S/o Devindrappa Ambekar, Age:21. years, Occ: Welder, R/o LTRT151, 15th Cross, Shahabad Devindrappa S/o Subh Age:26. years, Occ: Electrician, R/o House No.LTRT151 15th Cross, Shahabad, Tq. Chittapur. (By Sri: Baburao Mangane & Ashok B. Mulage, Advocates) ... APPELLANTS2AND: The State Through Shahbad Town Police Station, Dist. Gulbarga. (By Sri: Sheshadri Jayashankar M. HCGP) ... RESPONDENT 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/S323 304(I) R/W Sec. 34 of IPC and th...
N. Ramachandra Vs. B.R. Chandrashekar
Court: Karnataka
Decided on: Aug-11-2015
1. This petition is filed by the aggrieved defendant of O.S.No.188 of 2011 on the file of the II Additional Civil Judge (Junior Division) and Judicial Magistrate First Class, Tumkur. 2. The plaintiff filed a suit for ejectment and other consequential reliefs against the defendant in respect of the plaint schedule property. His case was that, the defendant is a tenant under the plaintiff and the tenancy is a monthly tenancy commencing from 1st of every month and the rate of rent was Rs. 4,000/- per month. 3. The suit was contested. The defence was, the parties entered into lease-cum-rental agreement with effect from 9-3-2006 and the plaintiff received Rs. 3,00,000/- from him with a condition that, out of Rs. 3,00,000/-, the plaintiff will repay Rs. 2 lakhs back to the defendant and from then onwards, the plaintiff will pay monthly rent of Rs. 4,000/- from the date of repayment of Rs. 2 lakhs to the defendant. So far, the plaintiff has not repaid Rs. 2 lakhs. During the defence evidence,...
The Tax Recovery Officer, Range-2, Department of Income Tax and Anothe ...
Court: Karnataka
Decided on: Aug-11-2015
(Prayer: This WA is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in W.P.No.11433/2006 dated 1.10.2008.) Vineet Saran, J. 1. The petitioner-Bhishma Pithamaha filed Writ Petition No.11433/2006 challenging five notices dated 3-3-2006 issued by the Tax Recovery Officer (TRO) of the Income Tax Department to the Managers of five banks where one Sri. Ramajanam was having his accounts. Such notices were issued under Section 226(3) of the Income Tax Act (for short the Act') stating that a sum of Rs.60,00,000/- was due from the said Sri. Ramajanam on account of dues of M/s. Tirupura Bhairavi Math in Northern India (for short the Math'). It was these five notices dated 3-3-2006 issued by the TRO to the Banks requesting them not to pay money from the accounts of Sri. Ramajanam, which were challenged by the writ petitioner-Bhishma Pithamaha claiming that a General Power of Attorney (GPA) had been executed by Bhishma Pithamaha in favour of Ramajanam. On...
Chintalakunta Peddareddappa Vs. State by Chellur Police
Court: Karnataka
Decided on: Aug-11-2015
1. The judgment and order of conviction dated 7-12-015 passed by the Principal Sessions Judge, Kolar, in Sessions Case No.181 of 2004 is appealed against by the convicted accused. 2. By the impugned judgment, the Trial Court convicted the accused foe the offences punishable under Sections 302 and 498-A of Indian Penal Code 1860 and Sections 4 and 6 of Dowry Prohibition Act, 1961. 3. Though Mr. Somashekar Angadi, Advocate, is appointed as Amicus Curiae to assist the Court and argue on behalf of the appellant, Mr. Somashekar Angadi, has not appeared before the Court to assist us. Hence we have appointed Sri B. Chetan as Amicus Curiae to assist the Court and to argue on behalf of the appellant. The papers are supplied to him well in advance. 4. We have heard learned Amicus Curiae and learned State Public Prosecutor for the State and perused the records. 5. Before proceeding further, it is relevant to note that the impugned judgment and order dated 7-12-2005 passed by the Principal Session...
Ashok Kumar Nahar Vs. The Regional Commissioner and Another
Court: Karnataka
Decided on: Aug-11-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by the Regional Commissioner Dt.4.1.13, [filed as Ann-C to this WP] and further prays that the respondent may be directed to value the property at Rs.140/- per square feet, as done in the case of Vasanth Kumar, in proceedings dt.14.7.08, in respect of sale deed registered as document No.2875/97-98 in the office of the sub-registrar, Srirampuram Bangalore; and etc.) 1. The petitioner is assailing the order dated 4/1/2013 at Annexure-C whereby the order dated 30/11/2010 has been confirmed by the 1st respondent. 2. The petitioner has purchased the property bearing Municipal Corporation No.339/1, Anantharamaiah Compound, Kuvempu Nagar, Mysore Road, Bangalore, under the sale deed dated 7/2/1998. The document is registered as No.2991/1997-98 in the office of the Sub-Registrar, Srirampuram, Bangalore. The 2nd respondent herein had initiated proceedings on the ground t...
The Tax Recovery Officer Range - 2 Vs. Shri Bhishma Pithamaha
Court: Karnataka
Decided on: Aug-11-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE11H DAY OF AUGUST2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MR.JUSTICE B MANOHAR W.A. No.715 OF2009(T IT) BETWEEN :1. The Tax Recovery Officer Range 2, Department of Income Tax, Shilpashree Building, Visveswaranagar Mysore-570 008. The Commissioner of Income-Tax Shilpashree Building, Visveswaranagar Mysore-570 008. ..Appellants (By Sri K V Aravind and Sri G Kamaladhar, Advs.) AND: Sri Bhishma Pithamaha Aged bout 85 years 2. 2 S/o late Sri Maniram By P A Holder Sri Ramajanam R/a # 573, Ashoka Road Mysore 570 001. (By Sri A Shankar and Sri M Lava, Advs.) .. Respondent This WA is filed under Section 4 of the Karnataka High Court Act praying to set aside the order passed in W.P.No.11433/2006 dated 1.10.2008. This appeal coming on for final hearing this day, VINEET SARAN, J.delivered the following: JUDGMENT The petitioner-Bhishma Pithamaha filed Writ Petition No.11433/2006 challenging five notices dated 3-3-2...
Nagappa Vs. Neelavva and Others
Court: Karnataka Dharwad
Decided on: Aug-10-2015
(Prayer: This RSA is filed U/S. 100 of CPC, against the Judgment and Decree dtd: 23-02-2010 passed in R.A. NO. 190/2009 on the file of the Fast Track Court-II, Dharwad, dismissing the appeal, filed against the Judgment dtd: 21-12-2001 and the decree passed in O.S. No. 652/1999 on the file of the Principal Civil Judge (Jr. Dn.) Hubli, dismissed the suit filed for specific performance of contract, declaration and injunction.) 1. This is a plaintiff's regular second appeal, against the judgment and decree dated 23.02.2010 made in R.A. No. 190/2009 on the file of the Fast Track Court-II, Dhrawad, sitting at Hubballi, confirming the judgment and decree of the trial court dated 21.12.2001 made in O.S.No. 652/1999, on the file of the Principal Civil Judge (Jr.Dn.), Hubballi, dismissing the suit for specific performance, with costs of defendant Nos. 3 to 8. 2. The plaintiff/appellant filed O.S. No. 652/1999 for specific performance of contract contending that the 1st defendant being the absolu...
G. Thimmappa Vs. Shivaraj
Court: Karnataka Kalaburagi
Decided on: Aug-10-2015
(Prayer: This Criminal Revision Petition is filed under Section 397 of Cr.P.C. by the advocate for the revision petitioner praying that this Hon'ble Court may be pleased to allow this revision petition and order dated 02.07.2014 passed in Criminal Appeal No.1/2014 passed by the II Addl. Sessions Judge at Raichur, confirming the judgment and order dated 18.12.2013 passed in Criminal Case No.600/2007 by the Prl. JMFC-II at Raichur and to pass any other appropriate orders, in the interest of justice.) 1. Heard the learned counsel appearing for the parties. 2. The present petition is filed under Section 397 of Cr.P.C., challenging the concurrent finding given by the learned JMC Court-II at Raichur in Criminal Case No.600/2007 and affirmation of the same by the learned Second Additional Sessions Judge at Raichur in Criminal Appeal No.1/2014. 3. The petitioner was the accused in Criminal Case No.600/2007 in the case initiated by the respondent herein for the offence punishable under Section ...
Lalita Vs. State of Karnataka Panchayat Raj and Rural Development Depa ...
Court: Karnataka Kalaburagi
Decided on: Aug-10-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of certiorari by quashing Annexure-B issued by 2nd respondent in File No. ( Kannadam ?) 59/2015-16 dated 06.07.2015, for conducting the election to the post of Adhyaksha and Upadhyaksha to the gram Panchayat Astoor, TQ: Bidar and etc.) H.G. Ramesh, (Oral) 1. In this writ petition, the petitioner is seeking for quashing of Election Notification dtd. 06.07.2015, whereby the election of Adhyaksha and upadhyaksha of Astoor Gram Panchayath was scheduled on 20.07.2015. 2. I have heard the learned counsel appearing for the parties and perused the record. The contention urged by the learned counsel for the petitioner is that, pursuant to the amendment to Sec.46 of the Karnataka Panchayath Raj Act, 1993 ('the Act') by the Karnataka Panchayath Raj (Amendment) Act, 2015 (Karnataka Act No.17 of 2015), the term of office of Adhyaksha of Grama Panchayath is increased from thirty month...
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