Karnataka Court November 2016 Judgments
Commissioner of Income-tax Vs. Nagarbail Salt-Owners Co-operative Soci ...
Court: Karnataka
Decided on: Nov-19-2016
Revenue, aggrieved by the order passed by the Income Tax Appellate Tribunal, Panaji Bench, Panaji ('ITAT' for short) in ITA No.252/PNJ/2014 dated 23.1.2015 for the assessment year 2006-07 has presented this appeal raising certain questions of law. This Court after hearing the learned Standing Counsel for the Income Tax Department and Counsel for the respondent - assessee vide order dated 2.11.2016 framed following question of law: "Whether the respondent - Society assessed to tax on its income as 'person' as defined under Section 2(31) of Income Tax Act, 1961, is entitled to claim exemption over its profits paid to its members and claim it as expenditure in the accounts before offering the profit for tax?" 2. Heard Shri Y.V.Raviraj, learned standing Counsel for the Revenue and Shri Ashok Kulkarni, learned Counsel for the respondent. 3. Submissions on behalf of appellant/Revenue: (i) Respondent is a Co-operative Society registered under the provisions of the Karnataka Co-operative Socie...
Tag this Judgment!Dr. K. Annadani Vs. P.M. Narendraswamy and Others
Court: Karnataka
Decided on: Nov-19-2016
(Prayer: This Election Petition is filed under Section 81 of the Representation of People Act 1951, by one Dr. K. Annadani, Petitioner: Candidate along with his Counsel Sri A V Nishanth, challenging the Election of the Respondent No.1 Sri P.M. Narendraswamy to the Karnataka Legislature from No.186, Malavalli Legislative Assembly Constituency, General Elections held in the Year 2013, praying to:- A) Call for Records; B) Order for Recount; C) Set aside the Election of the First Respondent to the 14th Karnataka Legislative Assembly from 186-Malavalli Assembly Constituency; D) Declare Petitioner as duly elected to fill the seat of Karnataka Legislative Assembly from 186-Malavalli Assembly Constituency; E) Pass such other Order/S as this Hon'ble Court deems fit in the facts and Circumstances of thee case, in the Interest of Justice.) 1. This Election Petition is filed by the petitioner under Section 81 of the Representation of People Act, 1951, challenging the election of the first responde...
Tag this Judgment!Jacob and Others Vs. The Managing Director, K.S.R.T.C. Depot
Court: Karnataka
Decided on: Nov-18-2016
(Prayer: This M.F.A. is filed under Section 173(1) of M.V.Act. against the judgment and award dated 21.02.2011 passed in MVC No. 2240/2008 on the file of xii additional small causes judge and member, MACT. Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation. This M.F.A. is filed under section 173(1) of M.V.ACT against the judgment and award Dated 21.02.2011 passed in MVC No. 2241/2008 on the file of XII additional small causes judge and member, MACT, Bangalore, Partly Allowing The Claim Petition For Compensation And Seeking Enhancement Of Compensation. This M.F.A Is Filed Under Section 173(1) of M.V.ACT against the judgment and award dated 21.02.2011 passed in MVC No.2241/2008 on the file of the 12th additional small causes judge and member, MACT, Bangalore, awarding a compensation of rs.2,25,000/- with interest @ 6% p.a. from the date of petition till realisation. This M.F.A. is filed under section 173(1) of M.V.ACT against the judgem...
Tag this Judgment!Dattu and Others Vs. The State of Karnataka through Nimbarga, Police S ...
Court: Karnataka
Decided on: Nov-18-2016
(Prayer: This Criminal Appeal filed under Section 374(2) of Cr.P.C., praying to set aside the judgment of conviction and order of sentence dated 24.02.2011 passed in Session Case No.267/2009 on the file of the IV Addl. Sessions Judge at Gulbarga convicting the appellants/accused No.1 to 8 for the offence P/U/S. 147, 447, 506, 302 and 201 R/W Sec. 149 of IPC. And the appellants/accused No.1 to 8 are sentenced to undergo S.I for a team of one year and to pay fine of Rs.500/- each. In default they shall undergo S.I for one month for the offence P/U/S 147 of IPC. Further the appellants/ accused No.1 to 8 are sentenced to undergo S.I for a term of three months and to pay fine of Rs.500/- each. In default they shall undergo S.I for one month for the offence P/U/S, 447 of IPC. Further the appellants/accused No.1 to 8 are sentenced to undergo S.I for a term of six months and to pay fine of Rs.500/- each. In default, they shall undergo S.I for fifteen days for the offences P/U/S. 506 R/W Sec. 1...
Tag this Judgment!Mahendra Mishra and Others Vs. State of Karnataka By The Assistant Com ...
Court: Karnataka
Decided on: Nov-18-2016
(Prayer: This Criminal Petition is filed under Section 482 code of Criminal Procedure, 1973, praying to set aside the order dated 26.7.2016 passed by the XXIII Additional City Civil and Sessions Judge, Special Judge, Bangalore Urban District (CCH-24), Bangalore City in Spl.C.C.No.249/2015, in the case ordering framing of charges against them.) 1. The petitioners herein were arraigned as accused before the Court of the XXIII City Civil and Sessions Judge and Special Judge, Bangalore Urban District in case No.Spl.CC 249/2015, for an offence punishable under Section 12 of the Prevention of Corruption Act, 1988 (Hereinafter referred to as the PC Act , for brevity) and for offences punishable under Sections 120-B, 114 and 419 read with Section 34 of the Indian Penal Code, 1860 (Hereinafter referred to as the IPC , for brevity). 2. The petitioners herein had filed an application seeking their discharge from the case and the said application having been rejected, the present petition is fil...
Tag this Judgment!United India Insurance Co. Ltd., rep. by its Divisional Manager S.K. C ...
Court: Karnataka Dharwad
Decided on: Nov-18-2016
(Prayer: This MFA is filed u/s 30(1) of the W.C. Act against the order dated 23-1-2008 on the file of the Workmen s Compensation Commissioner, Sub-Division-I, Bellary in CWC:WCA:CR:No.152/2003.) 1. The United India Insurance Company Limited has filed this appeal challenging the judgment and order dated 23-01-2008 made in CWC:WCA:CR:NO.152/2003 passed by the Labour Officer and Commissioner for Workmen s Compensation, sub-Division-1, Bellary (hereinafter referred to as the WCC for short) fastening the liability on the appellant to compensate the claimant. 2. The main contention of the appellant is that as on the date of accident, the driver of the passenger auto rickshaw was not holding the valid and effective driving license to drive the passenger auto, on the other hand, he was holding the Learners License and he cannot drive the passenger auto along with the passenger. Hence, the order passed by the WCC fastening the liability on the appellant-Insurance Company is contrary to law. ...
Tag this Judgment!The National Insurance Company, Hubli Vs. Anjaneya and Another
Court: Karnataka
Decided on: Nov-18-2016
(Prayer: This Appeal is filed under Section 30(1) of WC Act, 1923 against the Judgment and Award dated 20.03.2008 passed in WCA/NF/CR No.37/2006 on the file of the Commissioner for Workmen s Compensation at Haveri, awarding compensation of rs.1,58,329/- along with interest at 12% p.a.) 1. National Insurance Company Limited has filed this appeal challenging the judgment and order dated 20.03.2008 made in WCA/NF/CR No.37/2006 passed by the Labour Officer and Commissioner for Workmen s Compensation at Haveri (hereinafter referred to as the WCC for short) fastening the liability on them to compensate the claimant. 2. The main contention of the appellant-Insurance Company is that, as on the date of accident, the driver of the tractor and trailer was not holding valid and effective driving licence to drive the tractor and trailer and hence, the order passed by the WCC directing the Insurance Company to compensate the claimant and recover the said amount from the owner of the tractor and tr...
Tag this Judgment!Aerotron Limited Vs. Kingfisher Airlines Limited
Court: Karnataka
Decided on: Nov-18-2016
(Prayer: This Co.P is filed under Sections 433(E) and (F) R/W Section 434 and 439 (1) (B) of The Companies Act, 1956, Praying that for the Reasons Stated therein this Hon'ble Court may be pleased to that the Respondent to wound up by and under the Directions, Supervision and Control of this Court under the Provisions of the Companies Act, 1956 and Etc. This C.A. No. 1183/2012 is filed under Section 450 of the Companies Act, 1956, Praying that Pending the Hearing and Final Disposal of the Above Mentioned Petition, the Official Liquidator or Some Other fit and proper person be Appointed As Provisional Liquidator of the Company to take Charge immediately of the Business Affairs and Assets of the Company With all Powers under the Companies Act, 1956 In The Interest of Justice. This C.A. No.1184/2012 Is Filed under Order Xxxix Rules 1 And 2 Read With Section 151 of CPC, Praying That Pending the hearing and Final Disposal of the Company Petition, the Respondent by itself, its servants and ag...
Tag this Judgment!Sri. Mahendra Mishra Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-18-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF NOVEMBER2016BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.6798 OF2016BETWEEN:1. 2. Sri. Mahendra Mishra, Aged about 40 years, Son of Ramadhar Mishra, Director, T.V-9 Karnataka, A Kannada News Channel, No.13/1, Rhenius Street, Civil Station, Richmond Town, Bangalore 560 025. Sri. L.R.Shrehas, Aged about 31 years, Son of Sri. Raghuraman, No.8/B, Naveen Residency, 5th Main, 1st Cross, Puttenahalli, J.P.Nagar 7th Phase, Bangalore 560 078. 2 C.V.Nagesh, Senior Advocate for Shri PETITIONERS3 Ms. Shwetha Prabhu, Aged about 22 years, Daughter of Sri. Jagadeesh Prabhu, Residing at No.215, Century Pragathi Apartment, Arekere, Mico Layout, J.P.Nagar 7th Phase, Bangalore 560 078. (By Shri Raghavendra K., Advocate) AND:1. 2. (By Shri K.R.Keshav Murthy, State Public Prosecutor-II for Respondent No.1; Shri B.V.Acharya, Senior Advocate for Shri Ajith Anand Shetty, Advocate for Respondent No.2) State of ...
Tag this Judgment!Aerotron Limited Vs. Kingfisher Airlines Limited
Court: Karnataka
Decided on: Nov-18-2016
IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE18h DAY OF NOVEMBER, 2016 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI COMPANY PETITION No.214/2012 a/w C.A.No.1183/2012 And C.A.No.1184/2012 BETWEEN: AEROTRON LIMITED A COMPANY INCORPORATED AND EXISTING UNDER THE LAWS OF ENGLAND AND WALES HAVING ITS REGISTERED OFFICE AT WESTLEY HOUSE, FLEMING WAY, WEST SUSSEX, RH10(GA) UNITED KINGDOM REPRESENTED HEREIN BY ITS CONSTITURED ATTORNEY, MR.MOHIT GUPTA NO.5, PURA NIVAS27 ARTHUR BUNDIR ROAD COLABA- MUMBAI 400 005. ... PETITIONER (COMMON) (By Sri. S.S.NAGANAND, SENIOR COUNSEL FOR Sri.ACHAPPA P.B FOR M/S.NDA PARTNERS, ASSOCIATES, ADVOCATES) AND: KINGFISHER AIRLINES LIMITED A PUBLIC LIMITED LIABILITY COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT234 Date of order:18.11.2016 in CO.P No.214/2012 a/w C.A.No.1183/2012 and C.A.No.1184/2012 Aerotron Limited. Vs. Kingfisher Airlines Ltd. UB TOWERS, LEVEL12UB CITY24 VITTAL MALLYA ROAD BANGALORE 560 001. ...RES...
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