Karnataka Court September 2015 Judgments
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State of Karnataka Vs. m/s.united Breweries Limited
Court: Karnataka
Decided on: Sep-14-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H OF SEPTEMBER2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MRS.JUSTICE B.V.NAGARATHNA CRP.Nos.204 & 230 OF2011TAX) C/W CRP.No.103 OF2011TAX) IN CRP.Nos.204/2011 & 230/2011: BETWEEN: STATE OF KARNATAKA REPRESENTED BY THE COMMISSIONER OF COMMERCIAL TAXES, VTK, GANDHINAGAR, BENGALURU 560 009. ... PETITIONER (BY SRI SHIVAYOGI SWAMY, AGA) AND : M/S.UNITED BREWERIES LIMITED, 20TH MILE, TUMAKURU ROAD, NELAMANGALA, BENGALURU 562 123. ... RESPONDENT (BY SRI G.RABINATHAN & SRI ADVOCATES) THIRUMALESH, 2 ****** THESE CRPs ARE FILED UNDER SECTION15A OF KTEG ACT, AGAINST THE JUDGMENT DATED184.2011 PASSED IN STA.NO.28/2011 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, ALLOWING THE APPEALS FILED UNDER SECTION141) OF THE KTEG ACT. IN CRP.NO.103/2011 BETWEEN: STATE OF KARNATAKA REPRESENTED BY THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES, (ASSESSMENTS-14), BENGALURU. PETITIONER (BY SRI SHIVAYOGI SWAMY, AGA) ...
Shri M Shivanna Vs. The Asst Commissioner of Income Tax
Court: Karnataka
Decided on: Sep-14-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF SEPTEMBER2015PRESENT THE HONBLE MR.JUSTICE VINEET SARAN AND THE HONBLE MR.JUSTICE B MANOHAR ITA No.452 OF2009(IT) BETWEEN : SHRI. M. SHIVANNA, S/O. LATE MALLELINGAPPA, AGED ABOUT59YEARS, RESIDING AT OPPOSITE TYPING INSTITUTE, ANGADI ROAD, BIDADI, RAMANAGAR TALUK & DISTRICT. APPELLANT (BY SRI.K.K.CHYTHANYA, ADV.,) AND : THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MYSORE. (BY SRI.K.V.ARAVIND, ADV - A/W SRI.PADMABUSHAN.N. ADV.,) RESPONDENT2ITA THIS IS FILED UNDER SEC.260-A OF INCOME TAX ACT1961 ARISING OUT OF ORDER DATED:26/06/2009 IT(SS)A NO.19/BNG/2009, FOR THE BLOCK ASSESSMENT PERIOD0104.1990 TO2002.2001, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO: PASSED IN THE FORMULATE SUBSTANTIAL I. QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN IT(SS)A NO.19/BNG/2009, DATED:26/06/2009 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL IS COMING...
G. Premalatah @ N. Premalatha Vs. R. Nagesh
Court: Karnataka
Decided on: Sep-11-2015
(Prayer: This MFA is filed u/s 19 (1) of the Family Courts Act, against the Judgment and Decree dated: 15.01.2013 passed in M.C.No.1384/2012 on the file of the Principal Judge, Family Court, Bangalore, dismissing the petition filed u/s 13(1)(ia) and (ib) of the Hindu Marriage Act, for divorce.) 1. This appeal is presented by an unsuccessful wife, whose petition for a decree of divorce and dissolution of marriage filed under Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 ( ˜Actfor short) stood dismissed vide Judgment and Decree dated 15.1.2013 by the learned Principal Judge, Family Court, Bengaluru. 2. Appellant filed the instant petition before the Family Court, contending inter alia: (i) that her marriage was solemnized with the respondent on 10.3.2004 in Someshwara Temple, Ulsoor, Bengaluru as per Hindu rites and customs in the presence of her friends and well wishers; (ii) that the couple have a baby girl, namely, Karunya.N born on 12.10.2006; (iii) that after few...
The Bank of New York Mellon, London Branch, By its Constituted Attorne ...
Court: Karnataka
Decided on: Sep-11-2015
(Prayer: Appeal is filed under S.483 of the Companies Act, 1956, r/w Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order dated March 04, 2014 dismissing the Company Petition No.203 of 2010, etc.) Vineet Saran, J. 1. The primary question to be decided in this appeal is whether, in the facts of the case at hand, a Company Court in India having territorial jurisdiction, can entertain a petition for winding up of the Company having its registered office in India. 2. Briefly stated, the facts of this case are: The respondent-Company, M/s Cranes Software International Limited, is a public limited company, incorporated in India with limited liability, with its registered office in Bangalore. The said Company had issued convertible bonds for value of ‚ 42,000,000 (Euro forty two million or Euro four crores twenty lakhs). The said bonds were issued in September 2006 and were due for maturity in the year 2011. The bonds carried an interest at the rate of 2.5% pe...
Konkadi Padmanabha Vs. The Union of India, Department of Home Affairs, ...
Court: Karnataka
Decided on: Sep-11-2015
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned Section 44(2) of the Multi-State Co-Operative Societies Act, 2002, thereby declare the same as harsh, arbitrary, unscientific, irrational, unconstitutional and violative of fundamental rights and ultra-vires of the constitution.) H.G. Ramesh, J. 1. Whether restriction of term limits imposed by the Parliament under Section 44(2) of the multi-state co-operative societies Act, 2002 for seeking re-election to the post of President of a multi-state co-operative society is constitutionally valid? This is the question that requires determination in this writ petition. The question is answered in the affirmative. For clarity, it is necessary to state that there is difference between term limits and term lengths. Term limits limit the number of terms or number of times a person can be elected to office. Term lengths denote duration of a term. 2. The case of the petitioner i...
The North West Karnataka Road Transport Corporation Vs. Prema Banavi
Court: Karnataka Dharwad
Decided on: Sep-11-2015
(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, 1950, praying to quash the order dated 1/10/2008 passed by the Presiding Principal Labour Court, Hubli, passed in Reference No. 48/04 the copy of which has been produced at Annexure-A and etc.,) 1. Heard the learned counsel for the petitioners and the learned counsel for the respondents. 2. The petitioner is common in these petitions. These two petitions are considered and disposed of together, having regard to the similar facts and circumstances. 3. The petitioner is North West Karnataka Road Transport Corporation in Writ Petition No. 65521/2009. The respondent was a trainee driver and in this regard, a letter was issued to him on 11.11.2000. There were nine terms and conditions subject to which the respondent had to undergo training and it was also made clear that he does not get any right of an employee and his training may be terminated, if, there is any violation of the terms and conditions me...
Rashmi Solanki Vs. B.S. Sham Sunder
Court: Karnataka
Decided on: Sep-11-2015
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of Constitution of India praying to set aside the Order dated 28.3.2015 vide Ann-C, passed by the Senior Civil Judge and JMFC., Magadi in O.S. No.55/2015 where under the Court below has granted the interim Order restraining the petitioner from alienating the suit schedule property and the order dated 22.6.2015 vide Ann-F, passed by the Senior Civil Judge and JMFC Magadi in O.S. No.55/2015 rejecting I.A. No.3 filed by the petitioner under section 8(1) of the Arbitration and Conciliation Act and to consequently allow I.A. No.3 as prayed for by the petitioner.) 1. Both these petitions filed under Article 227 of Constitution of India are directed against the order dated 28.3.2015 and 22.6.2015 passed by the learned Senior Civil Judge and JMFC, Magadi in O.S.55/2015. Several grounds have been urged in these petitions. 2. The petitioner in these petitions is the lone defendant in the said suit bearing O.S.55/2015 filed by the...
Smt. G Premalatha @ N Premalatha Vs. Sri R Nagesh S/O K Ramu
Court: Karnataka
Decided on: Sep-11-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 11th day of September, 2015 PRESENT THE HONBLE MR. JUSTICE N.K. PATIL AND THE HONBLE MR. JUSTICE P.S. DINESH KUMAR MFA No.2291/2013 (FC) BETWEEN: SMT G PREMALATHA @ N PREMALATHA W/O R NAGESH AGED ABOUT29YEARS R/AT NO.4, NARAYANAPPA BLOCK6H MAIN ROAD, R T NAGAR BANGALORE 560 032 APPELLANT (By Sri PRABHUGOUD B. TUMBIGI, Adv.,) AND: SRI R NAGESH S/O K RAMU AGED ABOUT36YEARS R/AT NO.11, 2ND MAIN ROAD PALACE GUTTAHALLI BANGALORE 560 003 RESPONDENT (R1 SERVED) AGAINST THE THIS MFA IS FILED U/S19(1) OF THE FAMILY COURTS ACT, DECREE DATED:15.01.2013 PASSED IN M.C.NO.1384/2012 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, DISMISSING THE PETITION FILED U/S131)(ia) & (ib) OF THE HINDU MARRIAGE ACT, FOR DIVORCE. JUDGMENT AND2THIS MFA HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON0409.2015 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, P.S. DINESH KUMAR, J., DELIVERED THE FOLLOWING:- JUDGMENT This appeal is pre...
The North West Karnataka Road Vs. Ganesh Nagappa Madiwal
Court: Karnataka Dharwad
Decided on: Sep-11-2015
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE11H DAY OF SEPTEMBER, 2015 BEFORE THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY WRIT PETITION No.65521/2009 C/w WRIT PETITION No.65534/2009 (L-KSRTC) In Writ Petition No.65521/2009 Between The North West Karnataka Road Transport Corporation, Hubli Division, Hubli, By its Divisional Controller, Represented by its Chief Law Officer Smt. Prema Banavi. (By Shri.J S Shetty, Advocate) And Shri Ganesh Nagappa Madiwal Age Major, R/o Devarabole, Post: Lukkeri, Taluka Kumta, District:Uttara Kannada. (By Shri. Sathish M S, Advocate) ... Petitioner ... Respondent This petition is filed under Articles 226 and 227 of the Constitution of India, 1950, praying to quash the order dated 1/10/2008 passed by the Presiding Principle Labour Court, Hubli, :2. : passed in Reference No.48/04 the copy of which has been produced at Annexure-A and etc., In Writ Petition No.65534/2009 Between: North West Karnataka Road Transport Corporation, Haveri Divi...
Sri Konkadi Padmanabha Vs. The Union of India
Court: Karnataka
Decided on: Sep-11-2015
- 1 - W.P.No.1393/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE11H DAY OF SEPTEMBER2015BEFORE THE HONBLE MR. JUSTICE H.G.RAMESH WRIT PETITION No.1393/2015 (CS-RES) R BETWEEN: SRI KONKADI PADMANABHA S/O N.NARAYANA BHAT AGED ABOUT63YEARS RESIDING AT KONKADI IDKIDU VILLAGE AND POST TANTWAL TALUK AND DISTRICT DAKSHINA KANNADA THE PRESIDENT, M/S CAMPCO LTD. MANGALORE, D.K- 575 004 (BY SRI K.G.RAGHAVAN, SR.COUNSEL FOR SRI ARUNA SHYAM.M, ADVOCATE) AND: THE UNION OF INDIA DEPARTMENT OF HOME AFFAIRS REPRESENTED BY ITS SECRETARY NEW DELHI 110 001 (BY SRI PRABHULING K NAVADGI, ASG) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SECTION442) OF THE MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002, THEREBY DECLARE THE SAME AS HARSH, ARBITRARY, UNSCIENTIFIC, IRRATIONAL, UNCONSTITUTIONAL AND VIOLATIVE OF FUNDAMENTAL RIGHTS AND ULTRA-VIRES OF THE CONSTITUTION. THIS WRIT PETITION HAVING BEEN HEARD...
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