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Karnataka Court January 2016 Judgments

Jan 21 2016

Lingegowda Vs. State of Karnataka by Malleshwaram Police Station, Bang ...

Court: Karnataka

Decided on: Jan-21-2016

(Prayer: This criminal petition is filed under Section 482 of Cr.P.C., praying to quash the F.I.R. IN Cr.No.212/2015 produced at Annexure - 'A' for the alleged offences P/U/S 409 and 420 of I.P.C. and further investigations pursuant thereto and allow this petition.) 1. The petitioner is arrayed as accused in the FIR registered by the respondent/Police in respect of the offence under Sections 409 and 420 of IPC. 2. The allegation is, the petitioner is the former President of Sree Anjaneya Co-operative Bank Limited (for brevity 'the Co-operative Bank'). He was one of the members of the Committee of the Society sanctioned loan; during his tenure, the Committee sanctioned loan to one J.T.Rajan on the security of his immovable property vide resolution dated 9.4.2011 and the loan amount was disbursed on 15.4.2011. Subsequently, the Federal Bank instituted a suit before the Debt Recovery Tribunal alleging that, in respect of the property pledged to the Federal Bank, the Co-operative Bank has ...

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Jan 21 2016

The Commissioner of Income-tax and Another Vs. M/s. Saravana Developer ...

Court: Karnataka

Decided on: Jan-21-2016

(Prayers: ITA No.68/2014 is filed under Section 260A of Income-tax Act, 1961, praying to set aside the order passed by the ITAT, Bangalore in ITA No.48/Bang/2013 dated:06/09/2013 and confirm the order of the Appellate Commissioner confirming the order passed by the Assistant Commissioner of Income-tax circle-1(1), Bangalore. ITA No.67/2014 is filed under Section 260-A of Income-tax Act, 1961, praying to set aside the order passed by the ITAT, Bangalore in ITA No.620/Bang/2011 dated:06/09/2013 and confirm the order of the Appellate Commissioner confirming the order passed by the Assistant Commissioner of Income-tax circle-1(1), Bangalore.) SUJATHA, J.: 1. These appeals are filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act for short) assailing the common order passed by the Income Tax Appellate Tribunal (ITAT), Bangalore Bench “ C relating to the assessment year 2006-07. 2. The facts in brief: - the assessee is a firm engaged in the business of formation ...

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Jan 21 2016

M/s. Kishandas Jethanand Vs. M/s. Acropetal Technologies Limited and O ...

Court: Karnataka

Decided on: Jan-21-2016

(Prayer: This criminal petition is filed under Section 482 of Cr.P.C., praying to set aside the impugned order passed in Crl.R.P.No.226/2014 dated 23.12.2014 by the Principal City Civil and Sessions Judge, Bangalore at Annexure-A.) 1. The petitioner filed a complaint against the respondents in respect of the offence under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for brevity). His allegation was, he lent a loan of Rs.25,00,000/- by way of cheque to the accused persons (Company registered under theCompanies Act and its Directors), on the accused executing a Promissory Note on 15.8.2012 agreeing to repay the amount with interest @ 2% per annum. When he demanded for the repayment of the amount, accused paid him Rs.12,50,000/- towards part payment of the loan and in respect of the remaining Rs.12,50,000/- and the accrued interest, they issued two cheques for a sum of Rs.12,50,000/- The cheques when presented dishonoured with the endorsement "funds insufficient". In res...

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Jan 21 2016

Kendriya Vidyalaya Parents Association, rep. by its President Vs. Kend ...

Court: Karnataka

Decided on: Jan-21-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to declare the impugned circular dated 26.3.2014 vide Ann-F enhancing the tuition fee w.e.f. April 2014 from non-BEML wards issued by the R-1 citing the letter dated 17.3.2014 of R-2 as illegal, unilateral, unconstitutional, unenforceable and to quash the same and etc.) 1. The petitioner Association is before this Court assailing the Circular dated 26.03.2014 (Annexure-F) whereby the Tuition fee for Non-BEML Wards has been enhanced. A declaration is also sought to the effect that the same amounts to discrimination. 2. The petitioner association is formed to protect the welfare of the students studying in Kendriya Vidyalaya, BEML Nagar, KGF ( ˜The KVfor short). The present grievance being put forth by the Association is on behalf of the Wards of Non-BEML employees who are studying in the KV. The KV has provided admission to both the Wards of BEML ( ˜Bharath Earth Mover...

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Jan 21 2016

Kendriya Vidyalaya Parents Vs. Kendriya Vidyalaya

Court: Karnataka

Decided on: Jan-21-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF JANUARY2016BEFORE THE HONBLE MR. JUSTICE A S BOPANNA WRIT PETITION No.35134/2014 (EDN-RES) BETWEEN: KENDRIYA VIDYALAYA PARENTS ASSOCIATION BEML NAGAR, KGF REP. BY ITS PRESIDENT AT ANUSHREE COMPLEX GANESH TEMPLE STREET M V NAGAR, BEML NAGAR, KGF DISTRICT, KOLAR-563115 (BY SRI. N S BHAT, ADV.) AND:1. KENDRIYA VIDYALAYA ... PETITIONER BEML NAGAR KOLAR GOLD FIELDS-563115 REP. BY ITS PRINCIPAL2 VIDYALAYA MANAGING COMMITTEE KENDRIYA VIDYALAYA BEML NAGAR KOLAR GOLD FIELDS-563115 REP. BY ITS CHAIRMAN3 BHARAT EARTH MOVERS LIMITED BEML NAGAR KOLAR GOLD FIELDS-563115 REP. BY ASST. GENERAL MANAGER (HR) 4. THE DEPUTY COMMISSIONER KENDRIYA VIDYALAYA REGIONAL OFFICE KAMARAJ ROAD BANGALORE25. THE MEMBER HUMAN RESOURCES DEPARTMENT GOVT. OF INDIA K V M C BEML NAGAR, P. O. KGF-563115 ... RESPONDENTS (BY SRI. K G RAGHAVAN, Sr. COUNSEL FOR SRI ANIRUDH KRISHNAN & SRI NISCHAL DEV, ADVs. FOR R2 & 3 SRI VISHNU BHAT, ADV. FOR R1 & R4) THIS ...

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Jan 21 2016

The Commissioner of Income-Tax Vs. M/S Saravana Developers

Court: Karnataka

Decided on: Jan-21-2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF JANUARY2016PRESENT THE HONBLE MR.JUSTICE N K PATIL AND THE HONBLE MRS.JUSTICE S SUJATHA ITA Nos.68/2014 c/w 67/2014 BETWEEN1 2. The Commissioner of Income-tax C R Building Queens Road Bangalore The Assistant Commissioner of Income-Tax Circle-1(1) No.59, HMT Bhavan 6TH Floor, Bellary Road Ganganagar Bangalore-560 032. .Common Appellants (By Sri.K.V. Aravind, Advocate ) AND M/s. Saravana Developers No.357, 3RD Cross Cambridge Layout, Ulsoor Bangalore-560 008. .Common Respondent (By Sri. A. Shankar & M.Lava, Advocates ) ITA No.68/2014 is filed under Section 260-A of Income-tax Act, 1961, praying to set aside the order passed by ITA No.48/Bang/2013 ITAT, Bangalore the in 2 dated:06/09/2013 and confirm the order of the Appellate Commissioner confirming the order passed by the Assistant Commissioner of Income-tax circle-1(1), Bangalore. the in ITAT, Bangalore ITA No.67/2014 is filed under Section 260-A of Income-tax Act, 1...

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Jan 20 2016

The General Manager Icci Lombard Gen. Ins., co.ltd Vs. Rajendrashingh ...

Court: Karnataka Kalaburagi

Decided on: Jan-20-2016

1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE20H DAY OF JANUARY2016R PRESENT THE HONBLE MR.JUSTICE RAM MOHAN REDDY AND THE HONBLE MR.JUSTICE ARAVIND KUMAR M.F.A.NO.31686/2013 (MV) C/W M.F.A NOS.31483/2013 & 31412/2013 (MV) IN M.F.A.NO.31686/2013 Between: The General Manager ICICI Lombard Gen. Ins., Co. Ltd., Timmapuri Circle, Gulbarga Through its Manager Legal (By Sri C. S. Kalburgi, Advocate) And:1. Rajendrasingh S/o Kalyansingh Thakur Age:37. years, Occ: KSRTC driver cum Conductor Appellant 2 R/o Old Jewargi Road, Panchsheel Nagar Gulbarga- 585 102 2. Abdul Rahman S/o Khasim Ali Age:42. years, Occ: Owner of The Lorry No.KA-27-0649 Mominpura, Kharibowli Gulbarga- 585 102 3. Divisional Controller, KSRTC Depot No.2, Gulbarga- 585 102 Respondents (By Sri A.M. Patil, Advocate for R3; R1 Served; Notice to R2 is dispensed with) This Appeal is filed under Section 173(1) of MV Act, against the judgment and award dated 17.4.2013 passed in MVC No.89/2011 on the file I-Addl. S...

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Jan 19 2016

Ramachandrachar Vs. Devakumari

Court: Karnataka

Decided on: Jan-19-2016

(Prayer: This Crl.RP filed u/s.397(1) r/w 401(1) Cr.P.C by the advocate for the petitioner praying that this Hon'ble Court may be pleased to set aside the Order dated:23.12.11 passed by the P.O., FTC-VI, Bangalore in Crl.A.No.687/11.) 1. Divergent judgment passed by the learned judge of Fast Track Court-VI in Crl.A.687/11 is called in question. Respondent herein was the complainant in the said case, i.e. Crl.Misc.102/11 and petitioner herein was the accused-respondent. 2. Petition had been filed under Sections 9(b) and 37(2)(c) of the Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as the D.V. Act, for brevity). Parties will be referred to as complainant and respondent as per their ranking before the trial court in Crl.Misc.102/11. 3. Facts leading to the filing of the present revision petition are as follows: a) Claiming herself to be the legally wife of the accused, the complainant chose to file a petition requesting the trial court o direct the accused...

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Jan 19 2016

Sri Shivaji and Others Vs. The State of Karnataka represented by Addl. ...

Court: Karnataka Kalaburagi

Decided on: Jan-19-2016

(These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 2.5.2015 passed by the Regional Commissioner, Kalaburagi Division, Kalaburagi vide Annexure-F.) (These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ a certiorari to quash the impugned order dated 02.05.2015 bearing No.RCG/ZP/appeal/246/2014-15 passed by the 2ndrespondent authority rejecting the claim of the petitioners as at Annexure 'H', as contrary to the procedure contemplated under section 4 (3) of the Karnataka Panchayat Raj Act 1993, etc.) Common questions of law and that of fact arise for decision making, hence, with the consent of the learned counsel for the parties, petitions are clubbed together, finally heard and disposed of by this order. 2. W.P.Nos. 19835-19837/2015 are filed by residents of Ujani calling in question the order dated 02.05.2015 of the Regional Commissioner, Kalaburagi Division, ...

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Jan 19 2016

Sri Yashodhara Vittal Shetty Vs. Smt Poornima

Court: Karnataka

Decided on: Jan-19-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19h DAY OF JANUARY2016PRESENT THE HONBLE MR.JUSTICE N K PATIL AND THE HONBLE MRS.JUSTICE S SUJATHA MFA No.7801/2015 (FC) BETWEEN Sri Yashodhara Vittala Shetty S/o Late Vittala Shetty Aged 39 years R/at Santhrupthi Samilapadavu Bajpe Post Mangalore-575 042 .Appellant (By Sri.M. Vinod Kumar, Advocate ) AND Smt. Poornima D/o E.S.Seetharama Shetty Aged 34 years Residing at Yelluru Koribettu Elluru Post, Udupi Taluk Udupi District-576 101. This Appeal is filed under Section 19(1) of Family Court Act against the Judgment and Decree dated:10.07.2015 passed in MC.No.41/2014 on the file of the Court of Principal Judge Family Court, Dakshina Kannada, Mangaluru, allowing the petition filed under Section.12(1)(b)(c) of the Hindu marriage Act. .Respondent 2 This appeal having been heard and reserved for orders on 14TH January 2016, coming on for pronouncement of Judgment this day, S. Sujatha J., delivered the following JUDGMENT This appea...

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