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Karnataka Court January 2016 Judgments

Jan 13 2016

M/S a P S Industries Vs. The State of Karnataka

Court: Karnataka

Decided on: Jan-13-2016

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF JANUARY2016BEFORE THE HONBLE MR.JUSTICE ANAND BYRAREDDY WRIT PETITION NO.6090/2015 (TAX) ... PETITIONER BETWEEN: M/s.A.P.S.Industries A Partnership firm, having its office at B-213, Peenya 2nd Stage, Bangalore 560 058 and Represented by its Partner Sri Praveen Chabra (By Shri Rajesh Chander Kumar, Advocate) AND1 2. The State of Karnataka Through: The Principal Secretary, Finance Department, Vidhana Soudha, Bangalore -575 001. The Commissioner of Commercial Taxes, V.T.K.Building, 1st Main Road, Gandhinagar, Bangalore 560 001.-. 2 - 3.4. Additional Commissioner of Commercial Taxes, V.T.K.Building, 1st Main Road, Gandhinagar, Bangalore 560 001. The Commercial Tax Officer, Audit-6.2, 3rd Floor, 14th Cross, Peenya II Stage, KIADB Building, Bangalore 560 058. ... RESPONDENTS (By Shri S.V.Girikumar, Additional Government Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India ...

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Jan 13 2016

Sunil S/O. Gopal Shetty Vs. M/S. Hotel Arpan

Court: Karnataka Dharwad

Decided on: Jan-13-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH Dated this the 13th day of January 2016 Before THE HONBLE MR.JUSTICE B.S.PATIL Writ Petition No.109654/2014 (GM-CPC) Between:1. Shri Sunil, S/o Gopal Shetty, Age:48. years, Occ: Business, R/o: House No.140, Champa Building Outhouse, Mangalwar Peth, Tilakwadi, Belgaum-590006.2. Shri Sudhir, S/o Gopal Shetty, Age:41. years, Occ: Business, R/o: House No.214, Chatrapati Road, 2nd Railway Gate, Tilakwadi, Belgaum-590006.3. Shri Kiran, S/o Gopal Shetty, Age:39. years, Occ: Business, R/o: House No.214, Chatrapati Road, 2nd Railway Gate, Tilakwadi, Belgaum-590006.4. Smt. Ratna, W/o Gopal Shetty, Age:70. years, Occ: Household, R/o: House No.214, Chatrapati Road, 2nd Railway Gate, Tilakwadi, Belgaum-590006.5. Miss Sarita, D/o Gopal Shetty, Age:43. years, Occ: Nil, R/o: House No.214, :2. : Chatrapati Road, 2nd Railway Gate, Tilakwadi, Belgaum-590006. Petitioners (By Sri M.G.Naganuri & Kum. Rekha Patil, Advocates) A n d :1. M/s. Hotel Arpan, 193/...

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Jan 12 2016

Preusse India Private Limited and Others Vs. The Karnataka State Finan ...

Court: Karnataka

Decided on: Jan-12-2016

(Prayers: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notices as at Annexures W-1 to W-4 dated 10.9.2008, dated 10.9.2008, dated 8.9.2008, dated 9.9.2008 respectively and etc; This Writ Petition filed under Article 226 of the Constitution of India praying to quash the show cause notice dated 10.9.2008 [Annexure-M] issued by the second respondent in the interest of justice and equity and etc;) 1. These petitions are heard and disposed of by this common order, having regard to the facts and circumstances and the common issues that arise for consideration. 2. The petitioner in the petition in WP 12860/2008 is a private limited company. Its parent company, M/s Preusse Powertrain Innovations GmbH, (Hereinafter referred to as PPL', for brevity) is said to be located in Germany. It is said to be engaged in the manufacture and marketing of automotive engineering products. The petitioner and its parent company, aforesaid, are said to...

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Jan 12 2016

Commissioner of Income-Tam Mangalore and Another Vs. M/s. New Mangalor ...

Court: Karnataka

Decided on: Jan-12-2016

(These income-tax appeals are filed under Section 260-A of Income-tax Act, 1961, praying to set aside the common appellate order dated 04.07.2014 passed by the Income Tax Appellate Tribunal, CBench Bangalore, in appeal proceedings in ITA No.135/Bang/2013 and C.O.No.66/Bang/2014 for assessment year 2007-08 as sought for in this appeal; and to grant such other relief as deemed fit, in the interest of justice.) S. Sujatha, J. These appeals are filed by the revenue under Section 260-A of the Income-Tax Act, 1961 (the Actfor short) assailing the common order dated 04.07.2014 passed by the Income Tax Appellate Tribunal (ITAT for short), Bangalore Bench C ?, Bangalore relating to the assessment year 2007-08, in appeal proceedings No.ITA No. 135/Bang/2013 and C.O.No. 66/Bang/2014. 2. The facts in brief: The assessee is a trust constituted under the Major Port Trust Act, 1963. The assessee being a Government undertaking carrying on commercial activities is one of the major port trust enjoying t...

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Jan 12 2016

Commissioner of Income Tax Vs. M/S. New Mangalore Port

Court: Karnataka

Decided on: Jan-12-2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE12h DAY OF JANUARY2016PRESENT THE HONBLE MR.JUSTICE N K PATIL AND THE HONBLE MRS.JUSTICE S SUJATHA ITA Nos.532-533/2014 BETWEEN1 2. Commissioner of Income-Tax Mangalore. The Assistant Commissioner of Income-tax, Circle-1(1) Mangalore. .Appellants Respondent (By Sri. Jeevan .J.Neeralagi, Advocate ) AND M/s. New Mangalore Port Trust Panambur. (By Sri. A.Shankar and M.Lava, Advocates ) These Income-tax appeals are filed under Section 260-A of Income-tax Act, 1961, praying to set aside the common appellate order dated 04.07.2014 passed by the Income Tax Appellate Tribunal, C Bench Bangalore, in appeal proceedings in ITA No.135/Bang/2013 and C O No.66/Bang/2014 for assessment year 2007-08 as sought for in this appeal; and to grant such other relief as deemed fit, in the interest of justice. These appeals having been heard and reserved for orders on 8th January 2016, coming on for pronouncement of Judgment this day, S.Sujatha J., del...

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Jan 11 2016

Sesha @ Seshadri @ Shashikumar Vs. The State of Karnataka, Bengaluru

Court: Karnataka

Decided on: Jan-11-2016

(Prayer: This petition is filed U/s.439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.461/2015 of Madanayakanahally P.S., Bengaluru District for the offence P/U/s 399, 402 of IPC.) 1. Heard the learned counsel for the petitioner who is accused No.1 in Crime No.461/2015 on the file of the respondent police Station. 2. A case has been registered against this petitioner for the offences punishable under Sections 399 and 402 of IPC. He is in judicial custody since three months, ten days. Hence, regular bail application is filed on his behalf under Section 439 of Cr.P.C. 3. Allegation against this petitioner and other accused of this case is that they were making preparation to commit dacoity on the night of 27.09.2015 near Seegehalli Gate, Magadi Main Road. It is alleged that on receipt of credible information, the respondent police and the staff went there and found that 5 - 6 persons had formed unlawful assembly holding deadly weapons and making attempt to commit dacoity. ...

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Jan 11 2016

M. Lakappa Bhandari (dead by his Legal representative) and Others Vs. ...

Court: Karnataka

Decided on: Jan-11-2016

(This Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 30.1.2004 passed by the second respondent Tribunal, vide Annexure-C and allow the claim of the petitioner.) Heard the learned Senior Advocate Shri Shashikiran Shetty appearing for the counsel for the petitioners and Shri S. Shreevatsa appearing for the learned counsel for respondents no.3 and 4, now represented by their legal representatives. 2. The petitioner, who is no more and is represented by his legal representatives, claims that his father late Lakkappa Bhandari was an agricultural tenant of various lands under late Sankappa Rai. With the coming into force of the Karnataka Land Reforms (Amendment) Act, 1974, late Lakkappa Bhandari had filed Form No.7 for grant of occupancy rights in respect of various items of land, which are described in the schedule to the petition. The application was considered by the Land Tribunal, Puttur by orders dated 2.5.1981 and ...

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Jan 11 2016

Chinnamma and Others Vs. State of Karnataka represented by its Chief S ...

Court: Karnataka

Decided on: Jan-11-2016

(This Writ Petition is filed under Article 226 and 227 of the Constitution of India praying to direct the Respondents to pay the petitioners an Amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) as compensation for the untimely demise of late Shri Chenchaiah and etc.) Order: The petitioner Nos.1 to 3 are the wife, daughter and son respectively of one Chenchaiah, who met the watery death on 18.1.2014 when he was clearing the drain. The post mortem report (Annexure-G) also states that the death is due to asphyxia as a result of drowning. The second respondent Bruhath Bangalore Mahanagara Palike (B.B.M.P.) has already given the compensation of Rs.2,00,000/-. The dependants of the deceased Chenchaiah are agitating their entitlement to rehabilitation, etc. 2. Ms. Maitreyi Krishnan, the learned counsel appearing for Sri Clifton D' Rozario for the petitioners submits that statements of the three eye-witnesses which are Annexures to the charge-sheet clearly indicate that the Supervisor, Sri Ram...

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Jan 11 2016

M Lakappa Bhandari Vs. State of Karnataka

Court: Karnataka

Decided on: Jan-11-2016

1 IN THE HIGH COURT OF KARNATAKA AT DATED THIS THE11H DAY OF JANUARY2016BENGALURU BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.22200 OF2004(LR) BETWEEN: Sri. M. Lakappa Bhandari, Son of Kanthappa Bhandari, Since dead by his Legal representative: Sri. Jeevan Bhandary, Son of Lakappa Bhandari, Age:51. years, Since dead by his Legal Representaives:1. 2.3. Smt. Smitha J Bhandary, Wife of Jeevan Bhandary, Aged about 45 years, Sathvika C Shetty, Daughter of Late Jeevan Bhandary, Aged about 24 years, Samanth Bhandary, Son of Late Jeevan Bhandary, Aged about 19 years, 4.5. 6.7.8. 2 Petitioner nos. 1 to 3 are Residing at Sidyala House, Chikkamoodnur Village, Puttur Taluk, Dakshina Kannada District. [petitioner nos. 1 to 3 Impleaded vide court order dated 12.8.2013]. Sri. Jagajeevana Bhandari, Major, Sri. Mohandas Bhandari, Major, Sri. Naveen Bhandari, Major, Sri. Bhagavandas Bhandari, Major, Smt. Shoba C Shetty, Major, Petitioner nos. 4 to 8 are Children of Late Lakkappa ...

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Jan 11 2016

Smt. Chinnamma Vs. State of Karnataka

Court: Karnataka

Decided on: Jan-11-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE11H DAY OF JANUARY2016BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI W.P.NO.16365 OF2014[GM-RES]. BETWEEN1 2. SMT.CHINNAMMA W/O LATE SHRI CHENCHAIAH AGED ABOUT52YEARS RESIDING AT HOUSE NO.1 3RD CROSS, 1ST MAIN ROAD BHADRAPPA LAYOUT, BANGALORE-560084. SMT.SUNITHA D/O LATE SHRI CHENCHAIAH AGED ABOUT28YEARS RESIDING AT KOTHIGOTTA VILLAGE PANGERGONTA POST, PALAMNER MANDALAM CHITTOOR DISTRICT408 SHRI BHUSHAN S/O LATE SHRI CHENCHAIAH AGED ABOUT22YEARS RESIDING AT BODABANDALU VILLAGE KATHAPAGARIPALI POST, BANGARPLAYAM CHITTOOR DISTRICT416 3. AND:1. 2. ... PETITIONERS (BY:MS.MAITREYI KRISHNAN, ADVOCATE FOR SRI CLIFTON DROZARIO, ADVOCATE) STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI BANGALORE-560001. BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY THE COMMISSIONER N.R.SQUARE, BANGALORE-560 001. ... RESPONDENTS (BY:SRI R.B.SATHYANARAYANA SINGH, A.G.A. FOR R1; SRI K.N.PUTTEGOWDA, AD...

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