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Karnataka Court November 2016 Judgments

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Nov 10 2016

The Managing Director Vs. Smt Sumitra

Court: Karnataka

Decided on: Nov-10-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF NOVEMBER, 2016 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.48227/2012 (S-KSRTC) BETWEEN: THE MANAGING DIRECTOR BANGALORE METROPOLITAN TRANSPORT CORPORATION, CENTRAL OFFICE, K.H.ROAD, BANGALORE - 560 027, REP. BY CHIEF LAW OFFICER. ... PETITIONER (BY SMT. H.R. RENUKA, ADV.) AND:1. SMT. SUMITRA JUNIOR ASSISTANT, BMTC, NO.67, LAL BHAGH, SIDDAPURA, JAYANAGAR1T BLOCK, BANGALORE-560 011.2. KARNATAKA STATE WOMEN COMMISSION NO.107, CAUVERY BHAVAN, I FLOOR, KARNATAKA HOUSING BOARD BUILDING, K.G. ROAD, 2 BANGALORE 560 009 REP. BY ITS PRESIDENT. R2 AMENDED VIDE ORDER DATED2809.2016. ... RESPONDENTS (BY SRI H.P. GANGESH GOWDA & SMT. RATTIHALLI GEETHA VEERANNA, ADVS. FOR R1; SRI D. ASWATHAPPA, AGA FOR R2) THIS PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER IN COMPLAINT NO.KARAMA38& 39/2007-08 DATED0409.2012 PASSED BY THE KARNATAKA STATE WOMEN COMM...


Nov 09 2016

Shamshuddin Vs. M.Y. Haris

Court: Karnataka

Decided on: Nov-09-2016

(Prayer: This CCC is filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India by the Complainant, praying to initiate Contempt of Court proceedings against the accused for having violated the Order Dated 24TH February, 2016 passed by this Hon ble Court in W.P.No.8589/2016 (GM-Wakf) by forcefully collecting the Hundi Amount, the Amount and Gifts presented by the Devotees vide Annexure-B, and punish the accused for willfully and Deliberately Disobeying the order passed by this Court and for a direction to the accused to refund the amount collected by him to the Wakf Institution by allowing this Contempt of Court Case.) H.G. Ramesh, J. Oral: 1. Whether a third party has locus standi to present a petition to initiate action for civil contempt under the Contempt of Courts Act, 1971 ( the Act ) is the short question for consideration in this case. 2. This petition is presented to initiate action for civil contempt, alleging willful disob...


Nov 09 2016

New India Assurance Co. Ltd, rep. by its Manager Vs. M. Narasimhamurth ...

Court: Karnataka

Decided on: Nov-09-2016

(Prayer: This MFA is filed u/s 173(1) of MV Act against the Judgment and Award dated:2.2.2012 passed in MVC No.1002/2010 on the file of the Presiding Officer, Fast Track Court-II, MACT, Tumkur, awarding a compensation of Rs.4,79,000/- with interest @ 6% p.a.) 1. The appellant is the insurer and is before this Court being aggrieved by the judgment and award dated 2.2.2012 passed in MVC No.1002/2010. 2. The parties to the appeal are referred to by their nomenclature before the Tribunal. 3. The claimants are the husband and the minor children of the deceased, one Narasamma. It is the case of the claimants that on 4.7.2010 at about 9.30 PM the deceased was sitting in front of her house after finishing dinner and that the residence is abutting the National High way running through Bellavi Town. It is stated that the motor cycle was being driven slowly on the left side of the road and suddenly the offending vehicle, being a tractor trailer bearing registration Nos. KA 06 T 6426 and KA 06 T 6...


Nov 09 2016

M/s B and B Infratech Limited, rep. by its Director, Bharat Bhandari V ...

Court: Karnataka

Decided on: Nov-09-2016

(Prayer: This Appeal is filed under Section 260-A of Income Tax Act 1961, arising out of order dated 07.10.2015 passed in ITA No.726/Bang/2014, for the assessment year 2005-2006.) Jayant Patel J. 1. Learned counsel appearing for appellant has tendered a memo dated 03.11.2016 for putting on record the corrigendum for change of name and title before the Tribunal. Same is taken on record. 2. Appellant assessee has preferred the present appeal by raising following substantial questions of law: (a) Whether the Tribunal was right in characterizing both capital receipts and revenue receipts in a like manner for the computation of book profits under Section 115 JB of the Income Tax Act, 1961? (b) Whether the Tribunal was right in confirming that the computed book profit was to include amounts that were excluded under the Section 2(24) of the Income Tax Act and hence holding that the Minimum Alternate Tax would enlarge the scope of the INCOME under the Income Tax Act, 1961? (c) Whether the...


Nov 09 2016

Sri Shamshuddin Vs. Sri Haris M Y

Court: Karnataka

Decided on: Nov-09-2016

1 - - CCC No.1149/2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE9H DAY OF NOVEMBER2016PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH R AND THE HONBLE MR. JUSTICE K.N.PHANEENDRA CCC No.1149/2016 (CIVIL) BETWEEN: SRI SHAMSHUDDIN S/O. ABDUL RAHIMAN AGED ABOUT34YEARS ADLR, MADIKERI KODAGU DISTRICT EX.ADMINISTRATOR OF THAJUL ISLAM JUMMJA MASJID YEMMEMADU VILLAGE MADIKERI TALUK, KODAGU DISTRICT COMPLAINANT (BY SRI VIVEK S.REDDY, SENIOR COUNSEL FOR SRI RAJARAM S, ADVOCATE) AND: SRI HARIS M.Y. S/O. YUSUF MANNERI AGED MAJOR EX.GENERAL SECRETARY THAJUL ISLAM JUMMJA MASJID YEMMEMADU VILLAGE MADIKERI TALUK, KODAGU DISTRICT ... ACCUSED THIS CCC IS FILED UNDER SECTIONS11& 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE215OF THE CONSTITUTION OF INDIA BY THE COMPLAINANT, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING VIOLATED THE ORDER DATED24H FEBRUARY, 2016 PASSED BY THIS HONBLE COURT IN2- - CCC No.1149/2016 W.P.NO.8589/2016 (GM-WAKF) BY FORCEFULLY CO...


Nov 08 2016

B.S. Ranganath and Others Vs. The State of Karnataka, Represented by i ...

Court: Karnataka

Decided on: Nov-08-2016

(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash order/communication of the 1st respondent denying the weightage to be granted to the petitioners dated 09.04.2015 (Annexure-A); direct the respondents to provide weightage as per the orders passed in W. P. Nos. 11286/06 C/W WP Nos. 3291/2006, 1987/2005 and 42136/2004, W. P. Nos. 27922-27952/2004, W. P. Nos. 21484-27952/2004 and W. A. 428/2008 and W. A. 353/2008 and SLP (CIVIL) CC. No. 13861/2009; direct the respondents to grant reservation to the post of driver, conductor in so far as the petitioners herein; direct the respondents to relax the age limit of 45 years as eligibility condition to the post of driver, conductor and driver cum conductor in so far as the petitioners herein; direct the 1st respondent to grant alternative employment in government service in group C and D posts. These petitions coming on for preliminary hearing in B group this day, the court made t...


Nov 08 2016

K. Dhananjay Vs. Union of India, Represented by its Secretary and Othe ...

Court: Karnataka

Decided on: Nov-08-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India Praying to quash The impugned order dated 14.09.2015 Passed in O.A. No.170/982/2015 by the Cat vide Annex-A for the Reasons it is Unilaterally and autocratically decided one Consequentially, Remand O.A.No.170/982/2015 Back to Cat For Fresh De-Novo Proceedings for Adjudication and Etc. 1. The present petition is directed against the order dated 14.09.2015 passed by the Tribunal whereby the Tribunal has declined to interfere and has imposed cost of Rs.10,000/-. 2. We have heard Sri. H.B. Uday Kumar, learned counsel appearing for the petitioner. 3. The contention raised on behalf of the petitioner is that the so called enquiry on the basis of which the order for transfer came to be issued is without giving any opportunity of hearing to the petitioner. It was also submitted that the order can be said as in breach of principles of natural justice. Learned counsel submitted that as the transfer order...


Nov 08 2016

K. Sumalakshmi Vs. The Managing Director, K.S.R.T.C., Bangalore and Ot ...

Court: Karnataka

Decided on: Nov-08-2016

(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, praying to (a)quash the Endorsement dated 12.07.2013 vide Annexure-K issued by the 2nd Respondent; (b)declare that the appointment of the 3rd Respondent for the post of Junior Assistant on compassionate ground by the 2nd Respondent - Corporation is Unjust, Illegal, Arbitrary and contrary to law; (c) direct the Respondent - corporation to reconsider the claim of the Petitioner for appointment on compassionate ground for any suitable post taking into consideration her Education Qualification.) 1. The issue relates to appointment on compassionate grounds between the two sisters - rival claimants.2. Late N.Krishnaswamy, who was working in KSRTC as a driver, died in harness on 27.07.2002. His wife Smt. S. Nagarathna submitted representations dated 23.12.2002 and 10.10.2006 to the Management to provide appointment on compassionate grounds to her last daughter - K.Nandini Kumari, the 3rd respondent herein...


Nov 08 2016

Shaikh Ibrahim Shaheel and Another Vs. State of Karnataka, Secretary t ...

Court: Karnataka

Decided on: Nov-08-2016

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct respondents particularly the R-3 to issue Hall Tickets to the petitioners so as to enable them to attend the V Semester Examination in B.COM (III Year) for the remaining subjects for which the Examinations are not completed for the Academic Year 2016-17. 1. These two writ petitions are filed by the students of B.Com course, seeking direction to the respondents, particularly, the 3rdrespondent to issue Hall Tickets to enable them to attend their V Semester examinations for the remaining subjects, for which, examinations are not yet completed and also for a direction to permit them to write the subjects for which the examinations are already over in the supplementary examinations which is going to be held after announcement of the results of the V Semester. 2. The case of the petitioners is that they have joined 3rdrespondent-College for B.Com., degree course in the year 20...


Nov 08 2016

Dhudappa Vs. The Chief Executive Officer and Others

Court: Karnataka

Decided on: Nov-08-2016

(Prayer: This Petition is filed under Articles 226 and 227 of Constitution of India, Praying to Quash the order Passed by Respondent No.1 dated 01.04.2015 as Per annexure-E and Etc. 1. Petitioner has preferred this writ petition seeking a writ of certiorari to quash the impugned order at Annexures-E, F and G passed by the respondents No.1, 2 and 3 respectively dismissing the petitioner from service. 2. Heard the learned counsel for the petitioner and respondents No.1 to 3. Respondent No.4 is served and remained unrepresented. Perused the impugned orders at Annexures-E, F and G passed by the respondents No.1, 2 and 3 respectively. 3. Learned counsel for the petitioner submits petitioner was appointed as Bill Collector by the 4th respondent Gram Panchayat, Ramput as per the resolutions passed at Annexures-A and B subject to approval of his appointment by the Zilla Panchayat and subsequently his appointment was approved by the Zilla Panchayat as per Annexure-C dated 7/11/2012. 4. Learned ...


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