Karnataka Court August 2015 Judgments
N. Raja Vs. Master Dheeraj
Court: Karnataka
Decided on: Aug-24-2015
1. The petitioner is before this Court assailing the order dated 26-4-2012 impugned at Annexure-F to the petition. The respondent herein is the minor son of the petitioner. The petitioner and his wife had certain differences with regard to their marital relationship and in that view were before the Court below in M.C.No. 102 of 2010. On reference to mediation they have agreed to have the marriage performed on 11-2-2001, dissolved by mutual consent as per the memorandum at Annexure-B to the petition. The custody of the respondent is with his mother and the petitioner herein has been granted visitation rights. When this was the position, the respondent minor son represented through his mother, natural guardian, has filed a petition under Section 125 of the Criminal Procedure Code, 1973, in Criminal Miscellaneous No. 107 of 2011 seeking maintenance in the said proceedings. The application for interim maintenance was also filed. The Court below by the order dated 26-4-2012 has directed the...
Tag this Judgment!C. Kariyappa Vs. Manohar Koujager and Another
Court: Karnataka
Decided on: Aug-24-2015
N.K. Patil, J. 1. This appeal by the claimant-appellant is directed against the impugned judgment and award dated 17-1-2011, passed in MVC No. 375 of 2008, by the Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Hiriyur (for short Tribunal'). 2. The Tribunal, by its judgment and award has awarded a sum of Rs. 2,22,588/- under different heads, after deducting 10% towards contributory negligence on the part of the appellant, with interest at 6% per annum from the date of petition till its realisation, as against the claim of Rs. 35,00,000/-, on account of the injuries sustained by him, in the road traffic accident. 3. In brief, the facts of the case are: The claimant was aged about 51 years at the time of accident. He was hale and healthy prior to the accident and working as Watchman in Vani Sugar Factory and also doing agriculture. That at about 9.00 p.m. on 10-2-2008, appellant was proceeding on his motorcycle bearing Reg. No. KA.16.G.2159 along with one Chitta...
Tag this Judgment!C.M. Mahadeva Vs. The Commissioner of Income Tax
Court: Karnataka
Decided on: Aug-24-2015
(Prayer: This ITA is filed under Sec.260-A of Income Tax Act 1961, arising out of order dated: 31.07.2009 passed in ITA No.1357/BNG/2008 for the Assessment year 2005-06, praying to allow the Appeal and set aside the order passed by the ITAT Bangalore in ITA No.1357/BNG/2008 dated 31.07.2009 and confirm the order dated 29.8.2008 passed in ITA No.161/MYS/CIT(A)-V/07-08 by the commissioner of Income Tax (Appeals), Mysore.) 1. This is an appeal filed by the assessee, who is an individual, whereby the order of the Tribunal, relating to the reopening of assessment under Section 148/147 of the Income Tax Act, 1961 (for short the Act'), for the assessment year 2004-05 is under challenge. 2. For the said assessment year 2004-05, the assessee had filed his return of income on 21.03.2005. The return was processed under Section 143(1) and the assessment for the year in question stood concluded, as no further regular assessment order was passed. On the basis of some survey conducted on 27.01.2006 i...
Tag this Judgment!P. Lakshmidevi Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Aug-24-2015
1. The petitioner-Smt. P. Lakshmidevi has challenged the legality of the transfer order dated 18-8-2015, whereby, she has been transferred from the post of Assistant Executive Engineer, District Urban Development Cell, Office of the Deputy Commissioner, Bangalore Rural District to the City Municipal Council, Chikkaballapur. 2. Although this case has a bit of checkered history, but suffice it to say that the petitioner was transferred to her present place of posting in Bangalore Urban District on the post of Assistant Executive Engineer by order dated 1-7-2013. Ever since then, she has been working on the said post. However, by order dated 18-8-2015, she has been transferred as mentioned above. Hence, this petition before this Court. 3. Mr. Nagarajappa, learned Counsel for petitioner has canvassed the following submissions before this Court: Firstly, according to the Government Policy, the minimum period of stay at a place is three years. Since the petitioner has been transferred to the...
Tag this Judgment!Sri C M Mahadeva S/O Sri Manche Gowda Vs. The Commissioner of Income T ...
Court: Karnataka
Decided on: Aug-24-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE24H DAY OF AUGUST, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE B.MANOHAR ITA No.795/2009 BETWEEN SRI C.M.MAHADEVA S/O SRI MANCHE GOWDA CHAMALAPURA, KEELARA POST, MANDYA DISTRICT. ... APPELLANT (BY SRI. G. VENKATESH, ADV. FOR K.S.HANUMANTHA RAO, ADV.,) AND THE COMMISSIONER OF INCOME TAX551, SHILPASHREE VIDYARANYA COMPLEX, VISHWESHWARANAGAR, MYSORE. (BY SRI E.I.SANMATHI, ADV.,) ...RESPONDENT THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT1961 ARISING OUT OF ORDER DATED:31. 07.2009 PASSED IN ITA NO.1357/BNG/2008 FOR THE ASSESSMENT YEAR200506, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.1357/BNG/2008 DATED3107.2009 AND CONFIRM THE ORDER DATED298.2008 PASSED IN ITA NO.161/MYS/CIT(A)- V/07-08 BY THE COMMISSIONER OF INCOME TAX (APPEALS), MYSORE. 2 THIS ITA COMING ON FOR HEARING THIS DAY, VINEET SARAN J.DELIVERED THE FOLLOWING: JUDGMENT This is an app...
Tag this Judgment!Rajeshwari and Others Vs. G. Sundaramurthy and Others
Court: Karnataka
Decided on: Aug-21-2015
(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to allow this Writ Petition by quashing the impugned order dated 8.1.2015 in O.S.No.2968/2009 on the file of CCH 39 Annex-F and etc.) 1. Petitioners herein are the defendant Nos.12 to 19 of O.S.No.2968/2009, on the file of the 38th Additional City Civil and Sessions Judge, Bangalore. The suit is filed for the following reliefs: a. Directing the defendants to partition the suit schedule A, B and C properties into 9 equal shares by metes and bounds and allot one such share to the plaintiff. b. deleted c. Direct the defendants 1 to 6 to render accounts of the business carried on in E schedule shop and give 1/7th share in the income earned by the defendants since 1985 till now with future mesne profits and also 1/9th share in all the rents collected by the 1 to 8 in all the schedule properties. d. Direct the defendants 1 to 8 to relinquish the entire right, in D schedule property on the...
Tag this Judgment!Lakshmi and Other Vs. Neelamma and Others
Court: Karnataka
Decided on: Aug-21-2015
(Prayer: This C.R.P. is filed under Section 115 of CPC against the order dated 02.01.2014 passed on I.A.No. 2 in O.S. 1320/2011 on the file of XLIII Additional City Civil and Sessions Judge, Bangalore, dismissing I.A.No. 2 filed under Order 7 Rule 11(A) CPC and etc.,) 1. Application filed by defendants 6 to 8 under Order VII Rule 11(a) of Code of Civil Procedure, 1908 praying for rejection of the plaint presented in O.S.No. 1320/2011 having been dismissed, they are before this Court in this revision petition. 2. Defendants 6 to 8 are the purchasers of item No.1 of the suit schedule properties. They have purchased this property under a registered sale deed dated 26.06.1972 from the father of the plaintiffs late Annaiah Reddy and his brother late Krishna Reddy. The suit has been filed in the year 2011 seeking partition and separate possession of the suit schedule properties consisting in all 5 times. It is submitted by the counsel for the plaintiffs / respondents that by way of amendment...
Tag this Judgment!Puttalakshmi Vs. Nanjundappa
Court: Karnataka
Decided on: Aug-21-2015
(Prayer: This HRRP is filed under Sec.46(1) of Karnataka Rent Act, against the order dated 04.12.2014 passed in HRC.No.131/2014 on the file of the Chief Judge, Court of Small Causes, Bengaluru, allowing the petition filed under Section 27 (2) (r) of the Karnataka Rent Act, 1999 and dismissiing the petition filed under Section 27(2) (a) of the Karnataka Rent Act, 1999, and also against the order 27.06.2015 passed in Execution No.868/2015 on the file of Small Causes, Bengaluru, issuing the delivery warrant.) 1. Petitioner was the respondent in HRC.No.131/14. An exparte order directing his eviction from the petition schedule property has been passed on 4.12.14. By instituting an execution case No.868/15 she has been dispossessed from the petition schedule property. In this background this revision petition is filed challenging the order of eviction dated 4.12.14 and the proceedings initiated in Execution No.868/15 culminating in issuance of delivery warrant and consequential dispossession...
Tag this Judgment!The Commissioner, Bruhath Bangalore Mahanagara Palike and Another Vs. ...
Court: Karnataka
Decided on: Aug-21-2015
(Prayer: These writ appeals are filed U/S 4 of the Karnataka High Court Act praying to set aside the order passed in the writ petition Nos.30976/2010 and 31231-34/2010 dated 08/03/2011.) 1. These are three sets of appeals filed against the order of the learned Single Judge passed in three writ petitions, which all have been filed with delay. WA Nos.8769-8770/2012 and 1583-87/2013 have been filed with a delay of 874 days. In the other W.A.No.2755/2013, delay is of 2279 days and in W.A.No.4393/2013, delay is of 844 days. Appellants in all the three appeals, Bruhath Bangalore Mahanagara Palike (for short BBMP ?), have filed these appeals along with applications for condonation of delay, to which objections have also been filed by the respective respondents. 2. We heard Sri R Ramachandran, learned counsel appearing for the appellants in all the appeals; and Sri Udaya Holla, learned Senior counsel as well as Sri M D Raghunath, and Sri Sunil Dutt Yadav, learned counsel all appearing for the ...
Tag this Judgment!Sharnappa Sajjan Vs. The State through, Basavakalyan Police Station
Court: Karnataka Kalaburagi
Decided on: Aug-21-2015
(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C. praying to release the accused/petitioner on bail in Crime No.239/2014 of Basava Kalyana town P.S. Dist: Bidar, which is registered for the offences p/u/Sec.7, 8, 12, 13(2), 13(1), 13(d) of Prevention of Corruption Act, in the interest of justice.) 1. Heard the learned counsel for the petitioner and the learned Additional SPP for the respondent. 2. The petitioner is accused No.1 in Crime No.239/2014, registered by Basava Kalyana Town police station. The offences alleged against this petitioner are punishable under Sections 7, 8, 12, 13(2), 13(1), 13(D) of the Prevention of Corruption Act. 3. The petitioner is a suspended Judicial Officer, in the cadre of Civil Judge. He was working as Senior Civil Judge at Basavakalyan of Bidar district. The allegation against this petitioner is that he demanded bribe from a person by name Sri.Kirthiraj K. Poste, practicing advocate in Bidar, to pay a sum of Rs.5,00,000/- as bribe, t...
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