Karnataka Court August 2015 Judgments
N. Krishnoji Rao Vs. The Managing Director, Hopcoms, Lalbagh, Bangalor ...
Court: Karnataka
Decided on: Aug-26-2015
1. The petitioner has challenged the order dated 8-4-2014, whereby the petitioner has been denied the appointment on compassionate ground. 2. However, the learned Counsel for the respondent has raised a preliminary objection about the maintainability of the present writ petition. According to the learned Counsel, the petitioner has an alternative remedy, under Section 70 of the Karnataka Co-operative Societies Act, 1959 ( ˜the Act for short'). Therefore, if there is any dispute that has arisen between the petitioner and the Co-operative Society, he should first approach the Registrar of Co-operative Societies. Hence, according to the learned Counsel for the respondent, the present petition is not maintainable. 3. The learned Counsel for the petitioner seeks liberty to file petition before the Registrar of Co-operative Societies. 4. Heard the learned Counsel for the parties. 5. Section 70 of the Act is as under: 70. Disputes which may be referred to Registrar for decision. “...
Tag this Judgment!M/s. Shah Polymers Vs. Official Liquidator and Others
Court: Karnataka
Decided on: Aug-26-2015
(Prayer: OSA is filed under S.4 of the High Court Act r/w S.483 of the Companies Act praying to set aside the order dated 4.12.2014 by the learned Single Judge in Company Application 21/2014 and Company Application 22/2014 in Company Petition 191/2009, etc.) 1. This is an appeal filed by the company petitioner-M/s Shah Polymers challenging the order dated 4.12.2014 passed by the Company Court, whereby the application of respondents 2 to 4 (Directors of M/s Canara Polypack Ltd) filed under Order 9 Rule 13, CPC read with Rule 6 and 9 of the Companies (Court) Rules, 1959 for setting aside the exparte order of winding up of the company (M/s Canara Polypack Ltd) passed by the Company Court on 19.7.2012, has been allowed. Brief facts of the case are: Company Petition 191/2009 was filed by M/s Shah Polymers under section 433 (e) of the Companies Act on the ground that the company was unable to pay its debts due to the appellant/petitioner “M/s Shah Polymers. Notice of the said company p...
Tag this Judgment!Basanagouda Vs. The Assistant Commissioner and The Land Acquisition Of ...
Court: Karnataka Dharwad
Decided on: Aug-26-2015
Anand Byrareddy, J. - (1) The appellant is said to be the absolute owner of land bearing survey No. 266/3, measuring 24 guntas of Koppal. The same was notified for acquisition as per notification dated 29.3.2010, under Sec. 4(1) of the Land Acquisition Act, 1894, (hereinafter referred to as 'the LA Act', for brevity) for the purpose of construction of a 250 bed hospital. The Land Acquisition Officer (LAO) had passed an award on 4.2.2012 fixing the market value of the land at Rs. 2,88,000/ - per acre, on the basis of sale statistics. The appellant had filed a petition under Sec. 18(1) of the LA Act seeking enhancement of the market value at Rs. 1.50 crore per acre. The reference court had, while holding that the subject land had the potential of being developed as non -agricultural land, proceeded to assess the market value at Rs. 100/ - per sq.ft. and also deducted 60% of the same towards 'development charges' etc. It is that award which is under challenge in this appeal. (2) It is con...
Tag this Judgment!State By Konanur Police and Another Vs. K.M. Lokesh and Another
Court: Karnataka
Decided on: Aug-26-2015
(Prayer: This criminal appeal is filed U/s.377 of Cr.P.C. praying to modify the order of sentence dated: 28.12.10 passed by the P.O., FTC, Arakalagud in S.C.No.169/09 - and impose appropriate adequate sentence against respondent/accused is convicted for the offence P/U/s 448 and 376 of IPC etc.,) 1. The judgment and order dated 28.12.2010 passed by the Fast Track Court, Arakalagud in S.C.No.169/2009 is called in question in these two appeals. By the impugned judgment, the Trial Court convicted the accused for the offences punishable under Sections 448 and 376 of IPC and sentenced him to undergo imprisonment for one year and five years respectively for the aforementioned offences. Sentence of fine is also imposed on the accused. 2. Crl.A.No.496/2011 is filed by the State praying for enhancement of sentence. Crl.A.No.91/2011 is filed by the convicted accused seeking his acquittal. 3. Case of the prosecution in brief is that the accused and the victim/prosecutrix are from the same village...
Tag this Judgment!S.M. Gowda and Others Vs. C.V. Venkatesh and Others
Court: Karnataka
Decided on: Aug-26-2015
(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order dtd 31.1.2011 made in R.P.No.25/10 passed by the R9 as being arbitrary, erroneous and contrary to law, equity and justice Vide Annex-N. quash the order dtd 31.1.11 made in R.P.No.70/2010 passed by the R9 as being arbitrary, erroneous and contrary to law, equity and justice Vide Anenx-P.) 1. According to learned counsel, petitioners residents of the village are aggrieved by recording the names of respondents-1 to 3 in the revenue records, on the basis of sale deeds executed by respondents-4 to 6 conveying land measuring 1 acre 37 guntas in Sy.No.24/A; 18 guntas in Sy.No.24 and 35 guntas in Sy.No.24/B of Koyyanahalli village, in mutation register No.17/2005- 06, 34/2005-06, 64/2005-06, respectively. The appeals preferred by petitioners before Assistant Commissioner invoking sub-section (2) of Section 136 of the Karnataka Land Revenue Act, 1964 (for short 'Act') , wer...
Tag this Judgment!Rangaiah Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Aug-26-2015
1. Petitioners claim title through one Muniyamma, said to have held a life interest in several immovable properties including land measuring 31 guntas in Sy.No.77/1A; 1 acre 9 guntas in Sy.No.79/1A and; 6 guntas in Sy.No.55/18 of Byranahalli, Kasaba Hobli, Nelamangala Taluk, Bangalore Rural District. The fact that Muniyamma held a life interest, according to the learned Counsel for the petitioner is in terms of the finding recorded and declaration in the judgment and decree dated 28-9-1959 in O.S.No.300 of 1957 of the Munsiff at Doddaballapur, Annexure-E. instituted by Muniyappa, son of Puttarangaiah, father of the petitioner and on his death represented by his widow and children including the petitioner, arraigning Muniyamma as 1st defendant for declaration of title to the said properties as well as to declare as null and void the deeds of conveyance of the lands by Muniyamma in favour of B.K. Gangabyraiah, the 3rd respondent, since deceased and represented by LR's, respondents 3 to 5...
Tag this Judgment!Dr. Purnima Parthasarathy and Another Vs. Karnataka State Commission f ...
Court: Karnataka
Decided on: Aug-26-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash proceedings in Complaint No.354/2012-13 pending on the file of the R-1 vide Annexure - C etc.) 1. The petitioners are before this Court seeking that the complaint No.354/2012-2013 be quashed. The second respondent has filed a complaint as at Annexure-A before the first respondent. In the said complaint, the second respondent has urged the intervention of the first respondent to provide her justice since according to her she has been put to harassment by the petitioners in respect of the premises belonging to her which was in occupation of the petitioners. The first respondent has issued the notice dated 23.8.2013. The petitioner though had appeared before the authority has thereafter assailed the same on the matter being adjourned. 2. Learned counsel for the petitioners while assailing the proceedings before the first respondent would refer to the provision contained in Section...
Tag this Judgment!State of Karnataka, by the Secretary, Department of Finance Vidhana So ...
Court: Karnataka
Decided on: Aug-26-2015
(Prayer: These STRPs are filed under Section 65(1) of Karnataka Value Added Tax Act, 2003 against the Judgment and Order dated 05.6.2013 passed in STA Nos.827 to 832/2012 on the file of Karnataka Appellate tribunal, Bengaluru, allowing the appeals filed under Section 63(1) of Karnataka Value Added Tax Act, 2003.) Vineet Saran, J. 1. These revision petitions have been filed by the State of Karnataka challenging the order of the Tribunal, whereby the order passed under Section 63-A of the Karnataka Value Added Tax Act, 2003 (for short `the KVAT Act') by the Joint Commissioner of Commercial Taxes has been set aside on the ground that it was passed beyond the period of limitation. 2. We heard Sri K M Shivayogiswamy, learned Additional Government Advocate appearing for the petitioner “ State of Karnataka as well as Sri P E Umesh, learned counsel appearing for the respondent “ assessee and perused the record. 3. In brief the facts of this case are that the respondent herein is a ...
Tag this Judgment!State of Karnataka Vs. M/S Technocon Builders
Court: Karnataka
Decided on: Aug-26-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF AUGUST, 2015 PRESENT THE HONBLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE B MANOHAR STRP Nos.173 & 260 - 264 OF2014BETWEEN: STATE OF KARNATAKA BY THE SECRETARY DEPARTMENT OF FINANCE VIDHANA SOUDHA BANGALORE-560 001. (BY Sri K M SHIVAYOGISWAMY, AGA) AND: M/s.TECHNOCON BUILDERS SF-8, KARUNA COMPLEX No.337, SAMPIGE ROAD MALLESHWARAM BANGALORE-560 003. (BY Sri P E UMESH, ADV.) ..PETITIONER ..RESPONDENT THESE STRPs ARE FILED UNDER SECTION651) OF KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE2JUDGMENT AND ORDER DATED056.2013 PASSED IN STA Nos.827 TO8322012 ON THE FILE OF KARNATAKA APPELLATE TRIBUNAL, BENGALURU, ALLOWING THE APPEALS FILED UNDER SECTION631) OF KARNATAKA VALUE ADDED TAX ACT, 2003. THESE STRPs COMING ON FOR ADMISSION THIS DAY, VINEET SARAN,, J., PASSED THE FOLLOWING: ORDER These revision petitions have been filed by the State of Karnataka challenging the order of the Tribunal, whereby the order p...
Tag this Judgment!Shahjaha W/O Shaik Tanveer Ahmed and Anr Vs. The State of Karnataka an ...
Court: Karnataka Kalaburagi
Decided on: Aug-26-2015
- 1 - W.P.Nos.201399 & 201754/2015 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE26H DAY OF AUGUST2015BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH R WRIT PETITION NOS.201399 & 201754/2015 (LB-RES) BETWEEN:1. 2. SHAHJAHA W/O SHAIK TANVEER AHMED AGE ABOUT34YEARS PRESIDENT, CITY MUNICIPAL COUNCIL BASAVAKALYAN, DIST. BIDAR 585 327 ABDUL GAFFAR S/O ABDUL AZIZ PESHMAM AGE ABOUT46YEARS MEMBER, CITY MUNICIPAL COUNCIL R/O DHARAGIRI LOCALITY BASAVAKALYAN DIST. BIDAR 585 327 ... PETITIONERS (BY SRI R.J.BHUSARE & SRI G.R. GURUMATH, ADVOCATES) AND:1. 2.3. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE GOVERNMENT DEPARTMENT OF URBAN DEVELOPMENT MS BUILDING, BANGALORE- 560 001 THE DY. COMMISSIONER BIDAR, DIST. BIDAR 585 401 THE COMMISSIONER CITY MUNICIPAL COUNCIL BASAVAKALYAN DIST. BIDAR 585 327 - 2 - W.P.Nos.201399 & 201754/2015 4.5. 6.7. 8. BHAGAVANT KHUBA MEMBER OF PARLIAMENT R/O SHIV NAGAR LOCALITY BIDAR, DIST: BIDAR 585 401 MALLIKARJUN S. KHUBA MEMBER OF LEGISLATIVE ASSEMBLY BAS...
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