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Karnataka Court September 2015 Judgments

Sep 23 2015

Sri R Raghu Vs. Sri G M Krishna

Court: Karnataka

Decided on: Sep-23-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF SEPTEMBER, 2015 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.36169/2015 (GM-CPC) BETWEEN: SRI R. RAGHU S/O RAJANNA AVADHANI AGED ABOUT44YEARS TRUSTEE VED VIGNAN MAHA VIDYA PEETH UDAYAPURA, 21ST K.M. KANAKAPURA ROAD BENGALURU SOUTH TALUK BENGALURU 560 062. (BY SRI S.S. NAGANAND, SR.ADV. FOR SRI S. SRIRANGA, JUST LAW, ADVS.) AND:1. SRI G.M. KRISHNA S/O LATE MARIGANGAIAH AGED ABOUT60YEARS R/AT NO.7700, TREYMANE PLACE NO.101, MCLEAN, VIRGINIA, 22102 UNITED STATES OF AMERICA ALSO AT STERLING RESIDENCY, NO.403-A A BLOCK, 5TH MAIN, 7TH CROSS PETITIONER2 2 RAJMAHAL2D STAGE BENGALURU 560 094. M/S. KARNATAKA STATE FINANCE CORPORATION A STATUTORY CORPORATION INCORPORATED UNDER THE PROVISIONS OF STATE FINANCIAL CORPORATIONS ACT, 1951 HAVING ITS OFFICE AT NO.1/1 THIMMAIAH ROAD, NEAR CANTONEMENT RAILWAY STATION BENGALURU 560 052. RESPONDENTS (BY SRI B.V. ACHARYA, SR. ADV. FOR SRI MANJUNATH N. & SR...

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Sep 23 2015

sri.g.sathyavelu Vs. smt.g.pramila Devi

Court: Karnataka

Decided on: Sep-23-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF SEPTEMBER2015R BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NOs.11684-685/2015 (GM-CPC) BETWEEN: SRI. G. SATHYAVELU, S/O P. GOVINDAN, AGED ABOUT54YEARS, R/O NO.74, 1ST MAIN, 7TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE- 560 086. PETITIONER (BY SRI. S.V. BHAT, ADV.) AND:1. SMT . G. PRAMILA DEVI, D/O LATE, P. GOVINDAN, AGED ABOUT52YEARS, R/O NO.164/K, 2ND FLOOR, 14TH CROSS, 19TH MAIN, RAJAJINAGAR I BLOCK BANGALORE- 560 010. SRI. G. PRABHAKAR, S/O LATE P. GOVINDAN, AGED ABOUT48YEARS, 2.3. 4. 2 R/O BHOVIPALYA, MAHALAKSHMIPURA, BANGALORE- 560 086. SMT. G. PUGHALVANI, D/O LATE P. GOVINDAN, AGED ABOUT46YEARS, R/O NO.301, 4TH CROSS, MANJUNATHANAGAR, BANGALORE- 560 010. SMT. G. VINODHINI, D/O LATE. P. GOVINDAN, AGED ABOUT44YEARS, R/O No.37, 11TH CROSS, NAGPUR, MAHALAKSHMIPURAM, BANGALORE- 560 086.5. G. BHUVANESHWARI D/O P. GOVINDAN, AGED ABOUT40YEARS, R/AT NO.20, JANAPRIYA APARTMENTS KADABAGERE, MAGADI ROAD, B...

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Sep 22 2015

Sadashiv Vs. Rajeshwari and Others

Court: Karnataka Dharwad

Decided on: Sep-22-2015

(Prayer: This RSA is filed under Section 100 of CPC against the judgment and decree dated 11.11.2013 passed in RA No.33/2012 on the file of the Senior Civil Judge, Hukkeri, rejecting the appeal, filed against the judgment and decree date 16.09.2011 and the decree passed in OS No.199/2009 on the file of the civil judge, Sankeshwar, decreeing the suit filed for partition.) 1. This is a 1st defendant's Regular Second Appeal against the judgment and decree dated 11.11.2013 made in RA No.33/2012 on the file of the Senior Civil Judge, Hukkeri, dismissing the appeal on the ground of delay as well as on merits confirming the judgment and decree of the trial court dated 16.09.2011 made in O.S. No,199/2009, on the file of the Civil Judge, Sankeshwar, decreeing the suit of the plaintiff declaring that the plaintiff is entitled to 1/3rd share in the suit schedule properties and separate possession by metes and bounds. 2. Respondent No.1, who is the plaintiff in the trial court, filed the suit for ...

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Sep 22 2015

Tirupathi Vs. The State of Karnataka reptd. by its Principal Secretary ...

Court: Karnataka Kalaburagi

Decided on: Sep-22-2015

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of certiorari in nature of Quashing the impugned notification dated 24.06.2015 bearing No.Kandaya/Sibbandi-1/41/2015-16 issued by the Respondent No.2 vide Annexure-A and also be pleased to quash the verification list dated nil issued by the Respondent No.2 vide Annexure-D and Etc.) H.G. Ramesh, J. Oral: 1. In this writ petition, petitioner is seeking for quashing of recruitment notification dated 24.06.2015 issued by the Deputy Commissioner, Government of Karnataka, Raichur, inviting applications for the post of Village Accountants. The grievance of the petitioner is that, reservation is not given to candidates belonging to Hyderabad-Karnataka Area. 2. On being asked by this Court as to whether the petitioner has a statutory remedy under Section 15 of the Administrative Tribunals Act, 1985 ( ˜the Act') as against the recruitment notification impugned herein, counse...

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Sep 22 2015

Jyothi and Others Vs. Meenakshi and Others

Court: Karnataka

Decided on: Sep-22-2015

(Prayer: MFA No. 8867/2013 is filed under Section 173(1) of MV Act against the Judgment and award dated 03.04.2012 passed in MVC No. 28/2011 on the file of the Senior Civil Judge, JMFC, MACT, Holenarasipur, partly allowing the claim petition for Compensation and Seeking Enhancement of Compensation.) 1. Claimants in MVC. Nos. 28/2011, 29/2011 and 30/2011 on the file of MACT, Holenarasipura, have come up in these three appeals i.e., in MFA. Nos. 8867/2013, 8868/2013 and 8869/2013 seeking enhancement of compensation awarded by the tribunal. Admittedly, appeal in MFA No. 8867/2013 and 8868/2013 are by the widow children and mother of Guru Arasegowda and widow and daughter of Rangaswamy respectively. So far as MFA No. 8869/2013 is concerned, it is by the owner of tractor trailer, which was damaged in the accident dated 10.5.2011, in which Guru Arasegowda and Rangaswamy died. 2. Brief facts leading to these appeals are as under; The facts available on record would disclose that on 10.5.2011 ...

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Sep 22 2015

The Commissioner of Income Tax, Bangalore and Another Vs. M/s. Ittina ...

Court: Karnataka

Decided on: Sep-22-2015

(Prayer: This ITA is filed under Sec. 260-A of Income Tax Act 1961, arising out of Order dated: 21.11.2014 passed in ITA No. 36/Bang/2014, for the Assessment year 2009-2010 praying to allow the Appeal and set aside the order passed by the ITAT, Bangalore, confirming the order of the Appellate Commissioner and confirm the order passed by the Deputy Commissioner of Income Tax, Circle “ 11(4), Bangalore.) 1. The Revenue is in appeal against the order of the Tribunal dated 21.11.2014 whereby the appeal filed by the Revenue has been dismissed and the penalty order passed by the Assessing Officer under Section 271(1)(c) of the Income Tax Act, 1961 (for short the Act') has been held to be not leviable, as had been so held by the Appellate Commissioner also. 2. Briefly stated the facts of this case are that in the original assessment proceedings passed under Section 143(3) of the Act, the method of accounting as maintained by the assessee was not accepted and thus the loss as declared by...

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Sep 22 2015

The Commissioner of Income-Tax Vs. M/S Ittina Properties Pvt. Ltd.

Court: Karnataka

Decided on: Sep-22-2015

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE22D DAY OF SEPTEMBER, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HONBLE MR. JUSTICE B.MANOHAR ITA NO.214/2015 BETWEEN1 2. THE COMMISSIONER OF INCOME TAX C R BUILDING, QUEENS ROAD BANGALORE. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(4) RASHTROTHANA BHAVAN NRUPATHUNGA ROAD BANGALORE-560 001. ... APPELLANTS (BY SRI. K.V.ARAVIND A/W E.I.SANMATHI, ADVs.) AND M/S. ITTINA PROPERTIES PVT. LTD., NO.380, OPP. CPWD QUARTERS, III BLOCK, KORAMANGALA, BANGALORE-560 034 PAN:AAACI3805 ...RESPONDENT2THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT1961 ARISING OUT OF ORDER DATED:21. 11.2014 PASSED IN ITA NO.36/BANG/2014, FOR THE ASSESSMENT YEAR20092010 PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT, BANGALORE, CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(4), BANGALORE. THIS ITA COMING ON FOR ADMISSION THIS DAY...

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Sep 22 2015

Sadashiv S/O Balagaouda Patil Vs. Rajeshwari W/O Vilas Sankapal

Court: Karnataka Dharwad

Decided on: Sep-22-2015

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE22N D DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR.JUSTICE B.VEERAPPA REGULAR SECOND APPEAL No.100498 OF2014[PAR]. BETWEEN: SADASHIV S/O BALAGAOUDA PATIL AGE:49. YEARS, OCC: AGRICULTURE R/O. SOLAPUR, TQ: HUKKERI DIST: BELGAUM (By Sri. SACHIN S MAGADUM ADV.) ... APPELLANT AND:1. RAJESHWARI W/O VILAS SANKAPAL AGE:43. YEARS, OCC: AGRICULTURE R/O. KESTI, TQ: HUKKERI DIST: BELGAUM-590001.2. MAHADEV S/O. BHIMAGOUDA PATIL AGE:54. YEARS, OCC: AGRICULTURE R/O. SOLAPUR, TQ: HUKKERI DIST: BELGAUM-590001.3. RAMAGOUDA S/O. BHIMAGOUDA PATIL AGE:34. YEARS, OCC: AGRICULTURE R/O. SOLAPUR, TQ: HUKKERI DIST: BELGAUM-590001. (By Sri. DINESH M KULKARNI ADV. FOR R1; ... RESPONDENTS :2. : NOTICE TO R2 AND R3 DISPENSED WITH) THIS RSA IS FILED UNDER SECTION100OF CPC AGAINST THE JUDGMENT AND DECREE DATED1111.2013 PASSEDIN RA No.33/2012 ON THE FILE OF THE SENIOR CIVIL JUDE, HUKKERI, REJECTING THE APPEAL, FILED AGAINST THE JUDGMENT AND DECREE DATED1...

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Sep 22 2015

Jyothi Vs. Radhakrishna

Court: Karnataka

Decided on: Sep-22-2015

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE22D DAY OF SEPTEMBER2015BEFORE THE HONBLE MR.JUSTICE S.N.SATYANARAYANA M.F.A.NO.8867/2013(MV) C/W M.F.A.NOS.8868/2013 & 8869/2013 (MV) BETWEEN:1. JYOTHI W/O GURU ARASEGOWDA, AGED ABOUT30YEARS, HOUSEHOLD, 2.3. SINDHU D/O GURU ARASEGOWDA, AGED ABOUT8YEARS, MINOR, STUDENT, SANGEETHA D/O GURU ARASEGOWDA, AGED ABOUT7YEARS, MINOR, STUDENT, 4. MANOJ, S/O GURU ARASEGOWDA, AGED ABOUT6YEARS, MINOR, STUDENT, 5. LAKSHMAMMA W/O LATE ARASEGOWDA, AGED ABOUT60YEARS, HOUSEHOLD, (APPELLANT NO.2, 3 & 4 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER THE APPELLANT NO.1 JYOTHI) ALL ARE R/O ULIVALA KOPPALU VILLAGE, - 2 - KASABA HOBLI, HOLENARSIPURA TALUK, HASSAN DIST. 573 201. APPELLANTS IN M.F.A.NO.8867/2013 AGED ABOUT42YEARS, HOUSEHOLD, (BY SRI SYED AKBAR PASHA, FOR SRI MAHANTESH S. HOSMATH, ADVS.,) BETWEEN:1. MEENAKSHI W/O RANGASWAMY, 2. ALL ARE R/O ULLVALA VILLAGE, KASABA HOBLI, HOLENARSIPURA TALUK, HASSAN DIST 573 201. SOWNDHARY...

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Sep 21 2015

Ida Mathias and Others Vs. Allen J. Mathias and Others

Court: Karnataka

Decided on: Sep-21-2015

(Prayer: This Regular First Appeal filed under Section 96(1) of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.04.2007 passed in O.S.No. 5/2000 on the file of the III Additional District Judge, D.K., Mangalore, dismissing the suit for grant of probate.) 1. These appeals are heard and disposed of by this common judgment, as the appeals are filed challenging a common judgment rendered in the civil suits bearing no. OS 26 of 1999 and OS 5 of 2000, by the Court of the District Judge, Dakshina Kannada, Mangalore. 2. The plaintiffs in the civil suit in OS 26 of 1999, both sons of one Albert Jerome Mathias, had approached the court seeking Letters of Administration, in respect of their father's estate, in a petition under Section 276 of the Indian Succession Act, 1925, numbered as P and SC 62 of 1997. A.J. Mathias was said to be a permanent resident of Kuthyar Village of Udupi Taluk. He had, however, died at his ordinary residence at Alvares Road, Kadri, Mangalore...

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