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Karnataka Court September 2015 Judgments

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Sep 04 2015

The Deputy Commissioner and Others Vs. Aravinda and Another

Court: Karnataka

Decided on: Sep-04-2015

(Prayer: This Writ Appeal is filed U/S 4 of the Karnataka High Court Act praying to set aside the order passed in the writ Petition 9645 and 12359/2013 dated 18/7/2014.) 1. The Deputy Commissioner, Chikkamagaluru District and two other officers of the said District have assailed order dated 18/07/2014, passed in Writ Petition Nos.9645 and 12359 of 2013, by the learned Single Judge of this Court. By that order, the learned Single Judge has quashed communications at Annexures A and B ?, insofar as they relate to directing the respondents to pay the value of malkis(trees), as on the date of permission to fell the trees and allowed the writ petitions in part. 2. The respondents are stated to be the owners of land, measuring 4 acres in Sy.No.97 of Lokanathapura Village, Megunda Hobli, Koppa Taluk, Chikkamagaluru District. They had made an application for permission to fell jungle wood trees. On considering their application, the Tahsildar made a recommendation dated 18/10/2011, to the Deput...


Sep 04 2015

Pushparekha Vs. Abhirami Srikanth and Others

Court: Karnataka

Decided on: Sep-04-2015

(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 16.10.2014 passed by the XII Addl. City Civil Judge, Bangalore in O.S.No.7933/2010 on Application filed under Order 22 Rule 10 vide Annexure-A.) 1. The respondent Nos.1 and 2, as the plaintiffs, have on 15.11.2010, filed a suit for ejectment, in respect of all that part and parcel of Flat No.2, eastern portion of the first floor, in the building known as Kamakshi Kourt ?, built on property bearing No.380, 13th Cross, Sadashivanagar, Bengaluru “ 560 080 against the respondent No.3 “ M/s. Concord Marketing and Services Pvt. Ltd., to pass a decree directing the defendant to quit, vacate and deliver the vacant physical possession of the suit premises and for payment of damages. 2. The respondent No.3, as the sole defendant, has filed the written statement. The respondent Nos.1 and 2 sold the suit property by a registered sale deed dated 18.09.2013 in favour ...


Sep 04 2015

The Commissioner, Hindu Religious and Charitable Endowments, Bangalore ...

Court: Karnataka

Decided on: Sep-04-2015

1. The petitioners namely the Commissioner, Hindu Religious and Charitable Endowments and other authorities under the said Department are before this Court assailing the order dated 17-4-2009 passed in Petition No. 1 of 2008-2009 by the first respondent herein. 2. The issue relates to the installation of the Hundi and collection of seva fee in the Kolaramma and Sri Someswara Temples which are admittedly, Muzarai Institutions under the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (hereinafter referred to as HRCE Act, 1997for short). At the first instance, when the Deputy Commissioner had passed an order dated 16-8-2003 to that effect, the private respondents herein were before this Court in W.P. No. 27072 of 2004. This Court while disposing of the petition on 2-1-2007, on taking note of the prayer made in the petition not being pressed, had however, observed that the Temple being an ancient Temple and since thousands of devotees are visiting the Temple, it ...


Sep 04 2015

Somappa and Others Vs. Mahadevappa and Others

Court: Karnataka Dharwad

Decided on: Sep-04-2015

(Prayer: This RSA is filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 15.02.2013 passed in R.A. No. 267/2011 on the file of the IV ADDL. district and sessions judge, at Belgaum, dismissing the appeal, filed against the judgment and decree dated 30.07.2011 and the decree passed in O.S. No. 78/2007 on the file of the addl. Senior Civil judge, Saundatti, dismissing the suit filed for cancellation of sale deed, specific performance of contract and for consequential relief of permanent injunction.) 1. This is an unsuccessful plaintiffs' regular second appeal against the judgment and decree dated 15.02.2013 made in R.A. No.267/2011 on the file of the IV Addl. District and Sessions Judge, Belgaum, confirming the judgment and decree dated 30.07.2011 made in O.S. No.78/2007 on the file of the Addl. Senior Civil Judge, Saundatti, dismissing the suit of the plaintiffs for specific performance, cancellation of sale deed and consequential relief of perman...


Sep 04 2015

The Deputy Commissioner Vs. Sri Aravinda

Court: Karnataka

Decided on: Sep-04-2015

-:1. :- R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE04H DAY OF SEPTEMBER, 2015 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT APPEAL No.438 OF2015(GM-FOR) BETWEEN:1. THE DEPUTY COMMISSIONER, CHICKMAGALUR DISTRICT, CHICKMAGALUR-577 101. 2.THE DEPUTY CONSERVATOR OF FORESTS, KOPPA DIVISION, KOPPA-577 126, CHICKMAGALUR DISTRICT. 3.THE TAHSILDAR, KOPPA TALUK-577 126, CHICKMAGALUR DISTRICT. (BY SRI: Y H VIJAY KUMAR, ADDITIONAL GOVERNMENT ADVOCATE) AND:1. SRI. ARAVINDA, S/O SRI. SADANANDA AGED ABOUT29YEARS, R/AT GOLIHAKLU, LOKANATHAPURA VILLAGE, MEGUNDA HOBLI, KOPPA TALUK, CHICKMAGALUR DISTRICT-577 126. 2.SRI. GANESHA S/O LATE NARASIMHA MURTHY ... APPELLANTS -:2. :- AGED ABOUT27YEARS, R/AT GOLIHAKLU, LOKANATHAPURA VILLAGE, MEGUNDA HOBLI, KOPPA TALUK, CHICKMAGALUR DISTRICT-577 126. (BY SRI: TEJASWI SURYA, ADVOCATE FOR SRI. SUBRAMANYA R, ADVOCATE FOR C/R1 & R2) ... RESPONDENTS ***** THIS WRIT APPEAL IS FILED U/S...


Sep 04 2015

Somappa S/O. Padeppa Pavadeppanavar Vs. Mahadevappa S/O. Mallappa Pava ...

Court: Karnataka Dharwad

Decided on: Sep-04-2015

:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE4H DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA R.S.A. NO.5448/2013 BETWEEN1 2. SOMAPPA S/O. PADEPPA PAVADEPPANAVAR AGE:57. YEARS, OCC: AGRICULTURE R/O. CHIKKANARAGUND, TQ: NARAGUND, DIST: GADAG58210 SHIVAPPA S/O. PADEPPA PAVADEPPANAVAR AGE:53. YEARS, OCC: SERVANT R/O. IRRIGATION COLONY, TQ: SAUNDATTI, DIST: BELGAUM59000 3. GIRIMALLAPPA S/O. PADEPPA PAVADEPPANAVAR AGE:50. YEARS, OCC: AGRICULTURE R/O. ALADAKATTI, K.M, POST: TALLUR, TQ: SAUNDATTI, DIST: BELGAUM59000 4. SANGAPPA S/O. PADEPPA PAVADEPPANAVAR AGE:46. YEARS, OCC: AGRICULTURE R/O. ALADAKATTI, K.M, POST: TALLUR, TQ: SAUNDATTI, DIST: BELGAUM59000 (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADV.) ... APPELLANTS AND1 MAHADEVAPPA S/O. MALLAPPA PAVADEPPANAVAR AGE:46. YEARS, OCC: AGRICULTURE R/O. ALADAKATTI, K.M, :2. : POST: TALLUR, TQ: SAUNDATTI, DIST: BELGAUM59000 2. FAKIRAWWA W/O. MARUTI DAMANGI AGE:52. YEARS, OCC: HOUSEHOLD WORK, R/O. ALADAKATTI, K.M, POS...


Sep 04 2015

mrs.pushparekha Vs. smt.abhirami Srikanth

Court: Karnataka

Decided on: Sep-04-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE4H DAY OF SEPTEMBER, 2015 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.13499/2015 (GM-CPC) BETWEEN: Mrs. PUSHPAREKHA W/O Mr. BABU RAMCHANDRAN AGED39YEARS, RESIDING AT NO.380 KAMAKSHI KOURT, 13TH CROSS SADASHIVANAGAR, BANGALORE-560 080 REPRESENTED BY HER PA HOLDER SMT. K.N. PADMAVATHI W/O MR. K.N. NARAYANAMURTHY AGED66YEARS, RESIDING AT NO.380 KAMAKSHI KOURT, 13TH CROSS SADASHIVANAGAR BANGALORE-560 080. (BY SRI D.PRABHAKAR, ADV.) AND:1. SMT. ABHIRAMI SRIKANTH W/O. SRI S.SRIKANTH AGED ABOUT42YEARS. ... PETITIONER2 3. 2 SRI SRIKANTH S/O. E.SATHYANARAYANA AGED ABOUT48YEARS. BOTH ARE RESIDING AT NO.27, 15TH CROSS, 1ST BLOCK, R.T. NAGAR BANGALORE-560 032. M/s. CONCORD MARKETING & SERVICES PVT. LTD., FLAT NO.2, 1ST FLOOR NO.380, KAMAKSHI KOURT13H CROSS, SADASHIVANAGAR BANGALORE-560 080 REPRESENTED BY ITS DIRECTOR. ... RESPONDENTS (BY SRI Y.K. NARAYANA SHARMA, ADV. FOR R3; NOTICE TO R1, R2 IS DISPENSED WI...


Sep 03 2015

Sardar and Others Vs. The State through Hallikhed Police Station

Court: Karnataka Kalaburagi

Decided on: Sep-03-2015

(Prayer: This Criminal Appeal is filed under Section 374 (2) Cr.P.C. by the Advocate for the Appellant praying that this Hon'ble Court may be pleased to set aside the order dated: 18.4.2015 and sentence dated 22.4.2015, passed by the Prl. Dist. and Sessions Judge, Bidar, in Spl. Case (NDPS) No. 17/2012 - convicting the Appellant/Accused No. 1 to 4 for the offences P/U/S 20(B)(II)(B) of NDPS Act, 1985 R/W Sec. 34 of IPC.) 1. Appellants are accused in a special case in Spl. Case No. 17/2012 which was pending on the file of Special Judge, Bidar. They have been convicted for the offences punishable under Sections 20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Section 34, I.P.C. They have been sentenced to undergo RI for a period of 10 years each and to pay a fine of Rs. 1,00,000/- each, vide considered judgment of conviction and sentence dated 18.4.2015 and 22.4.2015 respectively. They are in judicial custody. 2. The present appeal filed under Section 37...


Sep 03 2015

The State of Karnataka represented by Principal Secretary, Bangalore a ...

Court: Karnataka Dharwad

Decided on: Sep-03-2015

(Prayers: M.F.A. No. 100722/2014 is filed under Section 54(1) of the Land Acquisition Act, 1894, against the judgment and award dated 03.09.2013 passed in L.A.C. No. 45/2009 on the file of the II Additional Senior Civil Judge, Bagalkot, partly allowing the claim petition for compensation and seeking enhancement of compensation. M.F.A. No. 100723/2014 is filed under Section 54(1) of the Land Acquisition Act, 1894, against the judgment and award dated 03.09.2013 passed in L.A.C. No. 46/2009 on the file of the II Additional Senior Civil Judge, Bagalkot, awarding the compensation of Rs. 153/- per square foot.) 1. I.A. No. 1/2014 filed for condoning the delay of 93 days in filing Miscellaneous First Appeal No. 100726/2014 is allowed. 2. Heard the learned Government Advocate appearing for the appellants. 3. The appellant is the State in these appeals. The respondents were the claimants whose lands have been acquired in Gaddanakeri village, Bagalkot taluk and district. The plots of land were ...


Sep 03 2015

Columbia Sportswear Company Vs. Director of Income-tax (International ...

Court: Karnataka

Decided on: Sep-03-2015

N. Kumar, J. 1. The petitioner is a company incorporated in the United State of America (USA) and is a tax resident of the USA and it is a multinational company engaged in the business of designing, developing, marketing and distributing outdoor apparel with operations in North America, Europe and Asia. They do not distribute or retail its products in India. The designing of all products is exclusively undertaken from outside India as by its very nature, the activity is based on customer/user requirement arising from market place and as nothing specific to place of manufacturing. The petitioner's centralized sourcing group located outside India is responsible for all key purchase functions including (a) choosing the producing country; (b) Vendor Selection (c) Co-ordination of global production management and planning and (d) global quality assurance and strategy and policy development. 2. With the permission of the Reserve Bank of India, the petitioner established a liaison office in C...


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