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Karnataka Court September 2015 Judgments

Sep 30 2015

Sri M Madhava Gowda Vs. Under Secretary to Government

Court: Karnataka

Decided on: Sep-30-2015

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE30h DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION No.27825/2014 C/W WRIT PETITION NOS. 14620-14624/2014 AND1307813082/2014 (T-RES) W.P.No.27825/2014 BETWEEN: SRI M.MADHAVA GOWDA, S/O DASHRATHA GOWDA AGED ABOUT42YEARS DHARMASHREE NILAYA BELLARY VILLAGE & POST SULLIA TALUK D.K.-574 212. (BY SRI. SACHIN B.S., FOR SRI ARUNA SHYAM M, ADVOCATES) AND: ... PETITIONER1 2. UNDER SECRETARY TO GOVERNMENT FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. THE DEPUTY COMMISSIONER2D.K. DISTRICT MANGALURU-574 212. (BY PROF. RAVIVARMA KUMAR, ADVOCATE GENERAL A/W SRI. T.K. VEDAMURTHY, HCGP) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED2802.2014 ISSUED BY THE R-1, IN SO FAR AS THE PETITIONERS LICENCE IN FORM CL-7 IS CONCERNED VIDE ANNEXURE- A. W.P.NOS. 14620-624/2014 BETWEEN:1. M. NARAYANAPPA2 M. SHIVARAMU3 S/O ...

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Sep 30 2015

Roshan Kiran Merchant, Vs. State of Karnataka and Ors

Court: Karnataka Kalaburagi

Decided on: Sep-30-2015

W.P.No.204190/2015 - 1 - IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE30H DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.204190/2015 (GM-TEN) R BETWEEN: ROSHAN KIRANA MERCHANT GUNJ BHALKI, DIST. BIDAR REPRESENTED BY PROPRIETOR MD. NIZAMUDDIN MULLA S/O S.P. MULLA AGED ABOUT52YEARS OCC: BUSINESS R/O LECTURER COLONY ROAD NEAR MADINA MASJID, BHALKI DIST. BIDAR 585 328 ... PETITIONER (BY SRI AVINASH A. UPLAONKAR, ADVOCATE) AND:1. 2.3. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF SOCIAL WELFARE VIDHANA SOUDHA BANGALORE 560 001 THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO BACKWARD CLASSES WELFARE DEPARTMENT M.S. BUILDING BANGALORE 560 001 THE DEPUTY COMMISSIONER (REVENUE), BIDAR DIST. BIDAR 585 328 W.P.No.204190/2015 - 2 - 4. THE DISTRICT SOCIAL WELFARE OFFICER SOCIAL WELFARE DEPARTMENT, BIDAR DIST. BIDAR 585 328 ... RESPONDENTS (BY SRI P. VILAS KUMAR, GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES2...

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Sep 30 2015

Leharchand S/O Veljee Dand, Dead by His Lrs., Vs. Gulabchand S/O Velji ...

Court: Karnataka Dharwad

Decided on: Sep-30-2015

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE30H DAY OF SEPTEMBER, 2015 PRESENT THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY AND THE HONOURABLE MRS.JUSTICE S.SUJATHA Regular First Appeal No.100018/2015 (PAR & POS) Connected With Regular First Appeal Nos. 100016, 100017, 100099 OF2015R.F.A. No.100018/2015: Between:1. 1a. Leharchand S/o. Velji Dand Since deceased by his Legal Representatives. Smt. Tarabai W/o. Leharchand Dand Aged about 60 years, Occupation Household work Mayuri Extension, Nagashettikoppa, Hubli 580029. 1b. Chirag S/o. Leharchand Dand 2 Age Major, Mayuri Extension, Nagashettikoppa, Hubli 580029. 1c.2.3. Smt. Nithika W/o. Nirmal Lodaya Aged about 34 years Occupation Household work Mayuri Extension, Nagashettikoppa, Hubli 580029. Smt. Malabai W/o. Praful Shah Aged about 53 years, Occupation Household work R/at. Narayanpur, Ahmedabad. Dilipkumar S/o. Velhi Dand Aged 57 years, Occupation Business R/at. No.62, Patil Layout, Lingaraj Nagar, Road, Unakal Hubl...

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Sep 30 2015

H S Anantha Vs. M K Manjunatha

Court: Karnataka

Decided on: Sep-30-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE30H DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE Mr. JUSTICE S.N.SATYANARAYANA MISCELLANEOUS FIRST APPEAL No.10689/2012(MV) BETWEEN: H.S.ANANTHA, S/O H.S.SIGO, AGED ABOUT R/O NO.39, P &T COLONY, GANAPATHI TEMPLE STREET, HASSAN TOWN, HASSAN. (BY SRI.HALESH.R.G, ADVOCATE) AND:1. M.K.MANJUNATHA, S/O KODILINGAPPA, AGED ABOUT42YEARS, R/O VIVEKANANDA NAGAR, GAYATHRI EXTENSION, CHANNARAYAPATNA TOWN, CHANNARAYAPATNA TALUK, HASSAN DISTRICT. ...APPELLANT22. THE MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, P.B.NO.7037, A -25/27, ASAF ALI ROAD, NEW DELHI 110002. REPRESENTED BY THE MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, S.S.COMPLEX, SUBASH SQUARE, HASSAN TOWN, HASSAN. ...RESPONDENTS (BY SRI C.SHANKAR REDDY, ADV., FOR R2, R1 IS SERVED AND UNREPRESENTED) . . . . CHANNARAYAPATNA, THIS M.F.A IS FILED UNDER SECTION1731) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED1808.2012 PASSED IN MVC NO.328/2011 ON THE FILE OF THE PRESIDING OFF...

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Sep 29 2015

Puttamaramma Vs. Giriyappa and Others

Court: Karnataka

Decided on: Sep-29-2015

1. This a plaintiffs second appeal questioning the correctness and legality of judgment and decree passed by Principal District Judge. Ramanagara, in R.A.No.51/2009 dated 18.03.2014 whereunder appeal filed by unsuccessful plaintiff challenging the judgment and decree passed by principal civil Judge (Sr. Dn.) Ramanagara, in O.S.No.167/2006 dated 21.03.2009 dismissing the suit of plaintiff for declaration and consequential relief of possession came to be affirmed. 2. This court by order dated 08.09.2015 has admitted the appeal to consider following Substantial Question of law: (i) Whether First Appellate Court was justified in dismissing I.A.No.4 filed by appellant/plaintiff under Order VI Rule 17 CPC on the ground that same is not maintainable before First Appellate Court? 3. Facts in brief which has led to filing of this appeal can be crystalised as under: Plaintiff filed suit O.S.No.167/2006 for a judgment and decree to declare plaintiff is the owner having title to suit schedule prop...

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Sep 29 2015

Sri Laxmi Vidhya Vardaka Sanga Kannolli, represented by its President ...

Court: Karnataka Kalaburagi

Decided on: Sep-29-2015

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a Writ of Certiorari and to quash the impugned notice dated 31.08.2015 issued by the respondent in No. JINOKAVI/SANGHA/1/2015-16, produced at Annexure “R.) H.G. Ramesh, J. (Oral): 1. What are the requirements of a notice in public law? As this question has already been answered by this Court in Sinha S.N. vs. The State of Kar. (ILR 2012 KAR 448), validity of the notice impugned in this writ petition will have to be examined in the light of the said decision. 2. By consent of learned counsel on both sides, the petition is heard on merits and is being disposed of by this order. In this writ petition, petitioner-society is challenging the notice dated 31.08.2015 issued by the District Registrar of Societies, Vijayapura, under Rule 8 of the Karnataka Societies Registration Rules, 1961. The notice states that the working of the society is contrary to law and that the informati...

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Sep 29 2015

Mabel Treeza Pinto Vs. Francis Pinto

Court: Karnataka

Decided on: Sep-29-2015

(Prayers: MFA No.3500/2011 is filed u/s 55 of Indian Divorce Act, against the Judgment and Decree dated 20.1.2011 passed in M.C.No.1/2008 on the file of Principal Senior Civil Judge and CJM, Mangalore, dismissing the petition filed u/s 32 of Indian Divorce Act for restitution of conjugal rights. MFA No.3501/2011 is filed u/s 55 of Indian Divorce Act, against the Judgment and Decree dated 20.1.2011 passed in M.C.No.98/2003 on the file of Principal Senior Civil Judge and CJM, Mangalore, allowing the petition filed u/s 10(vii), (ix), (x) of Divorce Act for dissolution of marriage.) P.S. Dinesh Kumar, J. 1. These two appeals preferred by the wife in a matrimonial dispute have emanated out of a common Judgment and Decree dated 20.1.2011 in M.C.No.98/2003 and M.C.No.1/2008 on the file of Principal Senior Civil Judge, Mangaluru. 2. MFA No.3500/2011 is directed against the Judgment and Decree in M.C.No.1/2008 and MFA No.3501/2011 against the Judgment and Decree in M.C.No.98/2003. 3. Brief fact...

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Sep 29 2015

The Commissioner of Income-Tax TDS, Bangalore and Another Vs. Chief Ac ...

Court: Karnataka

Decided on: Sep-29-2015

(Prayer: These ITAs are filed under Sec.260-A of Income Tax Act 1961, arising out of order dated: 14/11/2014 passed in S.P.N0.206/BANG/20I4 and ITA No.719/BANG/2014, for the Assessment Year 2010-2011 praying to: I). formulate the substantial questions of Law stated therein and II) allow the appeal and set aside the order passed by the ITAT, Bangalore in SP No.206/BANG/2014 and ITA No.719/BANG/2014 dated: 14/11/2014 and confirm the order of the Appellate Commissioner Confirming the order passed by the Income Tax Officer (TDS), Ward- 16(1), Bangalore.) 1. For discharging of its functions i.e., expansion of existing roads and construction of underpasses, etc. Bruhath Bengaluru Mahanagara Palike ['BBMP' for short'] has to acquire lands. To achieve the purpose, it may resort to compulsory acquisition of lands under the provisions of Land Acquisition Act, 1894 or any such other Act relating to compulsory acquisition of land or take land under Section 14B of the Karnataka Town and Country Pla...

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Sep 29 2015

Sri. Laxmi Vidhya Vardaka Sanga Vs. The District Registrar

Court: Karnataka Kalaburagi

Decided on: Sep-29-2015

- 1 - W.P.No.205101/2015 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE29H DAY OF SEPTEMBER2015BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.205101/2015 (GM-KSR) R BETWEEN: SRI LAXMI VIDHYA VARDAKA SANGA KANNOLLI, TQ. SINDGI DIST: VIJAYAPUR 586 101 REPRESENTED BY ITS PRESIDENT SRI SIDDANAGOUDA S/O RUDRAGOUDA PATIL (BY SRI I.R. BIRADAR, ADVOCATE) AND: THE DISTRICT REGISTRAR OF SOCIETIES, VIJAYAPUR DIST: VIJAYAPUR 586 101 (BY SRI A SYED HABEEB, AGA) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND TO QUASH THE IMPUGNED NOTICE DATED3108.2015 ISSUED BY THE RESPONDENT IN NO.JINOKAVI/SANGHA/1/2015-16, PRODUCED AT ANNEXURE-R. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 2 - W.P.No.205101/2015 ORDER H.G.RAMESH, J.(Oral): What are the requirements of a notice in public law?. As this question has already ...

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Sep 29 2015

The Commissionerr of Income-Tax Vs. Chief Accounts Officer

Court: Karnataka

Decided on: Sep-29-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF SEPTEMBER2015PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON'BLE MR. JUSTICE B.MANOHAR I.T.A.NO.94 OF2015AND I.T.A.NO.466 OF2015BETWEEN:1. THE COMMISSIONERR OF INCOME-TAX TDS, NO.59, HMT BHAVAN, 4TH FLOOR, BELLARY RAOD, GANGANAGAR, BANGALORE-560 032.2. THE INCOME TAX OFFICER (TDS) WARD-16(1), NO.59, HMT BHAVAN, 4TH FLOOR, BELLARY ROAD, GANGANAGAR, BANGLAORE-560 032. ... APPELLANTS (BY:SRI. K V ARAVIND, ADVOCATE ) AND: CHIEF ACCOUNTS OFFICER BRUHAT BANGALORE MAHANAGAR PALIKE, N R SQUARE, BANGALORE-560 002. PAN:BLRC0 0295B ... RESPONDENT2THESE ITAs ARE FILED UNDER SEC.260-A OF INCOME TAX ACT1961 ARISING OUT OF ORDER DATED:14/11/2014 PASSED IN S.P.NO.206/BANG/2014 AND ITA NO.719/BANG/2014, FOR THE ASSESSMENT YEAR20102011 PRAYING TO: I). FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND II) ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED SP NO.719/BANG/2014 NO.206/BANG/2014 DATED:14/11/2014 AND CON...

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