Karnataka Court September 2015 Judgments
Joseph Devaraj and Others Vs. Balaraj and Another
Court: Karnataka
Decided on: Sep-21-2015
(Prayers: This Regular First Appeal filed under Order 41, Rule 1 read with Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 10.06.2009 passed in O.S.No.7378/1995 on the file of XXXVIII Additional City Civil Judge, Bangalore, dismissing the suit filed for partition and separate possession. This Regular First Appeal filed under Order 41, Rule 1 read with Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 10.06.2009 passed in O.S.No.7907/1997 on the file of XXXVIII Additional City Civil Judge, Bangalore, dismissing the suit filed for partition and separate possession.) 1. These appeals are heard and disposed of by this common judgment having regard to the fact that the parties are the same and were laying claim to the same properties. 2. The appeal in RFA 978/2009 arises out of the judgment in the civil suit OS 7378/1995. 3. The facts, as stated by the plaintiffs in that case, was that the first plaintiff, Joseph De...
Tag this Judgment!Gowramma Vs. The State of Karnataka, rep. by its Secretary and Others
Court: Karnataka
Decided on: Sep-21-2015
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the Order dated 7.7.2015 vide Annexure-D passed on I.A.No.2 passed under Order 39 Rule 1 and 2 in E.P.No.2/2015, and etc.) 1. In a election petition challenging the election of a member of Gram Panchayath under Section 15 of the Karnataka Panchayath Raj Act, 1993 ( ˜The Act', for short), whether the Civil Judge (Jr. Div) is a persona designata or a civil court? Whether the Civil Judge has the power under Order 39, Rule 1 and 2 of the Civil Procedure Code ( ˜the Codefor short), or not while dealing with an election petition There are the two moot questions before this court. The said issues have arisen in the following factual matrix: 2. The election for the Gram Panchayath, namely Vatadahosahalli Gram Panchayath, was held on 2-6-2015. Both the petitioner, Smt. Gowramma, and the respondent No. 5, Smt.Nagalakshmamma had contested the election for the seat of memb...
Tag this Judgment!Commissioner of Income-tax, Belgaum Vs. Shri Laxmi Credit Souhard Saha ...
Court: Karnataka
Decided on: Sep-21-2015
Anand Byrareddy, J. 1. This appeal is by the revenue under the Income-tax Act, 1961 (Hereinafter referred to as the 'IT Act, for brevity). The assessee is said to be a Co-operative Society registered under the Karnataka State Co-operative Societies Act, 1956, (Hereinafter referred to as the 'KCS Act', for brevity). 2. The appeal pertains to the Assessment year 2009-10. The respondent-Society had filed its return of income for the assessment year 2009-10 and after claiming deduction under Section 80P(2)(a)(i) of the IT Act, the total income was declared as 'nil'. The Assessing Officer had however, opined that the assessee was not entitled to the deduction, as claimed, for the reason, inter alia, that the activity of the respondent was covered by Section 2(24)(viia) of the IT Act, which requires the inclusion of profits and gains of any business of banking (including providing credit facilities) carried on by a co-operative society. Reference was made to the Explanation appended to Secti...
Tag this Judgment!Alireza Asgharyan Vs. Union of India, Rep. by Foreigners, Regional Reg ...
Court: Karnataka
Decided on: Sep-21-2015
(Prayer: This writ petition is filed under Article 226 of Constitution of India, with prayer to direct the respondents to consider the application for extension of visa for a period of six months instead of directing the petitioner to arrive on fresh visa.) 1. The petitioner is before this Court seeking for issue of mandamus to direct the respondents to consider the application for extension of visa for a period of six months instead of directing the petitioner to arrive on fresh visa. 2. The petitioner is a citizen of Islamic Republic of Iran. He had arrived to India on a valid passport and the visa granted to him in that regard. He had joined the BDS course of Rajiv Gandhi University of Health Sciences by admitting himself to a college affiliated to the said University. Presently the visa issued to the petitioner has expired though the same had been extended up to 19.09.2015. It is in that view the petitioner is before this Court seeking for issue of mandamus to issue a direction to ...
Tag this Judgment!Doodhganga Co-operative Credit Society Ltd. Vs. The Commissioner of In ...
Court: Karnataka Dharwad
Decided on: Sep-21-2015
(Prayer: This ITA is filed U/Sec. 206A of the Income Tax Act, 1961 against the order passed in ITA No. 185/PNJ/2013 dated 14.03.2014 on the file of the Income Tax Appellant Tribunal, Panaji Bench, Panaji, dismissing the Appeal filed by the Assessee, and etc.) 1. This appeal is by the assessee under the Income Tax Act, 1961 (Hereinafter referred to as the IT Act', for brevity). The assessee is said to be a Co-operative Society registered under the Karnataka State Co-operative Societies Act, 1956, (Hereinafter referred to as the KCS Act', for brevity). 2. The appeal pertains to the Assessment year 2010-11. The appellant “ Society had filed its return of income for the assessment year 2010-11, and after claiming deduction under Section 80 P(2) (a) (i) of the IT Act, the total income was declared as nil'. The Assessing Officer had however, opined that the assessee was not entitled to the deduction, as claimed, for the reason, inter alia, that the activity of the appellant was covered...
Tag this Judgment!Doodhganga Co-Operative Vs. The Commissioner of Income Tax
Court: Karnataka Dharwad
Decided on: Sep-21-2015
1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE21T DAY OF SEPTEMBER, 2015 PRESENT THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY AND THE HONOURABLE MRS.JUSTICE S.SUJATHA INCOME TAX APPEAL NO.100060 OF2014BETWEEN Shri Doodhganga Co-operative Credit Society Ltd., Karadga, Taluk: Chikodi, District: Belgaum. By its Manager Shri Dipak Ravasaheb Tapkire, Aged major, Resident of karadga, Taluk: Chikodi, District: Belgaum. ... APPELLANT. (By Shri Sharad V. Magadum, Advocate) AND1 The Commissioner of Income Tax (Appeals), 3rd Floor, Phiroz Khimji Complex, Opposite to Civil Hospital, Dr. Ambedkar Road, Belagavi-590 001. 2 2. The Income Tax Officer Ward No.1, Nipani, Taluk: Chikodi, District: Belgaum. ... RESPONDENTS. (By Sri. Y V RAVIRAJ, ADVOCATE) THIS ITA IS FILED U/SEC.260A OF THE INCOME-TAX ACT, 1961 AGAINST THE ORDER PASSED ITA NO.185/PNJ/2013 DATED1403.2014 ON THE FILE OF THE INCOME TAX APPELLANT TRIBUNAL, PANAJI BENCH, PANAJI, DISMISSING THE APPEAL FILED BY THE ASSESSEE, AND ET...
Tag this Judgment!Smt. Gowramma Vs. The State of Karnataka
Court: Karnataka
Decided on: Sep-21-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF SEPTEMBER, 2015 BEFORE THE HONBLE MR. JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION NO.29380/2015 (LB-ELE) BETWEEN: SMT. GOWRAMMA W/O SRI NARASARAJU AGED ABOUT40YEARS ELECTED MEMBER TO THE VATADAHOSAHALLI GRAMA PANCHAYATH NAGARAGERE HOBLI GOURIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561228. ( BY SRI Y.R. SADASHIVA REDDY, SR. COUNSEL FOR SRI DEPAK J, ADV.) .. PETITIONER AND:1. 2.3. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT VIDHANA SOUDHA BANGALORE-560001. KARNATAKA STATE ELECTION COMMISSION REPRESENTED BY ITS COMMISSIONER CANNINGHAM ROAD BANGALORE-560001. THE RETURNING OFFICER VATADAHOSAHALLI GRAMA PANCHAYATH NAGARAGERE HOBLI GOURIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561228.4.5. 2 MALLAPPA S/O. SRI MYLARAPPA AGED ABOUT48YEARS RESIDING AT VATADAHOSAHALLI NAGARAGERE HOBLI GOURIBIDANUR TALUK CHIKKABALLAPURA DISTRICT. SMT NAGALAKSHMAMMA W/O. NARASIMHAMURTHY AG...
Tag this Judgment!M/S Hmt Limited Vs. Regional Provident Fund Commissioner
Court: Karnataka
Decided on: Sep-21-2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF SEPTEMBER2015BEFORE THE HONBLE MR.JUSTICE S. ABDUL NAZEER WRIT PETITION NO.29597/2015 (L-PF) Between: M/s HMT Limited, A company registered under the Indian Companies Act, 1913, Having its registered office At No.59, HMT Bhavan, Bellary Road, Bangalore 560 032, Reptd. By Chairman & Managing Director, Sri S.Girish Kumar. (By Sri M.N.Kumar, Adv.) And:1. 2 (By Sri B. Pramod, Adv.) Recovery Officer, Employees Provident Fund Organization, Sub-Regional Office, No.2, Maruthi Complex, 1st A Main Road, HIG A Sector, Near SBI, Yelahanka New Town, Bengaluru 64. Regional Provident Fund Commissioner, Employees Provident Fund Organization, No.2, Maruthi Complex, 1st A Main Road, HIG A Sector, Near SBI, Yelahanka New Twon, Bangalore 64. . Petitioner. . Respondents. 2 This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 2.1.2004 passed by the first respondent at Annex...
Tag this Judgment!North West Karnataka Road Transport Vs. asst.commissioner &
Court: Karnataka Dharwad
Decided on: Sep-21-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH Dated this the 21st day of September 2015 Before THE HONBLE MR.JUSTICE ASHOK B.HINCHIGERI Writ Petition No.77015/2013 (LA-RES) C/w Writ Petition Nos.77572-77574/2013 In W.P. No.77015/2013 Between: North West Karnataka Road Transport Corporation, By its Chief Law Officer, Gokul Road, Hubli, Dharwad District, By its Chief Law Officer. ...Petitioner (By Sri V.P.Kulkarni, Advocate) A n d :1. Asst. Commissioner & Special Land Acquisition Officer, Dharwad Sub-Division, Dharwad. :2. :2. Mahmoodkhan, S/o Khadarkhan Savanur, Age: about 60 years, Occ: Agriculturist.3. Akbarkhan, S/o Khadarkhan Savanur, Age: about 58 years, Occ: Agriculturist, Shahjadi, 4. W/o Ayubkhan Savanur, Age: about 46 years, Occ: Household work, Tamassum Khanun, 5. D/o Ayubkhan Savanur, Age: about 24 years, Occ: Household work, 6. Wasim Akram, S/o Ayubkhan Savanur, Age:24. years, Occ: Student, Tarannum, 7. D/o Ayubkhan Savanur, Age:23. years, Occ: Student, Tasleem, 8. D/...
Tag this Judgment!Ida Mathias Vs. Allen J Mathias
Court: Karnataka
Decided on: Sep-21-2015
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF SEPTEMBER2015BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY REGULAR FIRST APPEAL No.938 OF2009CONNECTED WITH REGULAR FIRST APPEAL No.939 OF2009Ida Mathias, Aged 62 years, IN R.F.A.NO.938/2009 BETWEEN:1. 2. 3.4. 5.6. Sabitha Mathias, Aged 26 years, Sandeep Mathias, Aged 23 years, Santhosh Mathias, Aged 32 years, Sachin Mathias, Aged 30 years, Sunil Mathias, Aged 28 years, 2 Ida Pauline Sequeira, Aged 63 years, Daughter of Santhan Immanuel Mathias, 1-6, Kadri Towers, Opp: Kadri Market, Alvares Road, Mangalore 575 002, Dakshina Kannada. Appellants 2 to 6 are Represented by their G.P.A. Holder, Mother, the 1st appellant. 1st appellant is the widow And others are children of Late Robert Gregory Mathias, Residing near Kannarapady Temple, N.G.O.Colony, Kinnimulky, N.H.17, Udupi 576 101.7. (By Shri A. Madhusudhan Rao, Advocate) AND:1. 2. Both are sons of late A.J.Mathias, Alvares Road, Kadri, Mangalore 575 002, D.K., r...
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