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Karnataka Court November 2016 Judgments

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Nov 18 2016

Sri Yallappa S/O Mareppa Vs. The State of Karntaka & Ors

Court: Karnataka Kalaburagi

Decided on: Nov-18-2016

- 1 - R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE18H DAY OF NOVEMBER, 2016 PRESENT THE HONBLE MR. JUSTICE B.S.PATIL AND THE HONBLE MRS. JUSTICE B.V.NAGARATHNA W.P.(H.C.).No.200007/2016 BETWEEN: SRI. YALLAPPA S/O MAREPPA AGE:35. YEARS OCC: COOLIE REP. BY HIS WIFE DURUGAMMA W/O YALLAPPA AGE:25. YEARS OCC: COOLIE R/O RAJEEV NAGAR SHIYATALAB RAICHUR TQ. & DIST. RAICHUR- 584 101. DETENU (BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND:1. 2.3. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY (LAW & ORDER) HOME DEPARTMENT VIDHANA SOUDHA BANGALORE- 01 THE DEPUTY COMMISSIONER RAICHUR DIST. RAICHUR- 584 101 THE SUPERINTENDENT OF POLICE - 2 - RAICHUR DIST. RAICHUR- 584 101. RESPONDENTS (BY SRI. R.V. NADAGOUDA, A.A.G.) ****** THIS W.P.(H.C.) IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION OR ORDER IN THE NATURE OF CERTIORARI QUASHING THE ORDER OF RESPONDENT NO.2 VIDE ANNEXURE-A BEARING NO.SAM.KAM/MAG/GOONDAACT/ 89/2015-16, DATED02...


Nov 16 2016

Muddegowdara Veerabhadrappa and Others Vs. Government of Karnataka, By ...

Court: Karnataka

Decided on: Nov-16-2016

(Prayer: These Petitions are filed under Article 226 of the Constitution of India, with a prayer to quash the Intimation Letter Dated 24.8.2015 issued by the R-2 Vide Ann-A.) 1. The petitioners were initially before this Court assailing the intimation letter dated 24.08.2015 at Annexure-A. In view of the stand taken by the respondents with reference to the other orders and the subsequent order passed, the petitioners have also assailed the orders dated 31.10.2015, 30.12.2014, 02.12.2015 and the notice dated 06.10.2015 which are impugned at Annexures-AH, AL, AN and AK respectively. 2. The respondents No.3 and 4 are the erstwhile President and Secretary of respondent No.5-society. Due to certain internal differences they were removed from that position and the petitioners herein had taken over as the Managing Committee of the respondent No.5. The petitioners were thus at the helm of affairs when the intimation letter dated 24.08.2015 was issued seeking compliance. This Court while direct...


Nov 16 2016

The Union of India represented by its Secretary to Govt. of India and ...

Court: Karnataka

Decided on: Nov-16-2016

(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the constitution of India praying to quash the order dtd.21.8.2015 passed in O.A.Nos.170/01172 to 1174/2015 passed by the central administrative Tribunal, Bangalore Bench, Bangalore vide Anenx-A to the W.P. 1. As in all the petitions common order of the Tribunal is under challenge, they have been considered simultaneously. All petitions are directed against the order dated 21.8.2015 passed by the Tribunal in the respective OA whereby the Tribunal for the reasons recorded in the order has directed the respondents to extend the benefit of higher Grade Pay from 28.8.2014. 2. We may record that so far as respondent-authorities are concerned, they have preferred W.P.Nos.51098/2016 and 54922-55037/2016 and W.P.Nos.53575-53577/2016 for challenging the legality and validity of the order passed by the Tribunal for grant of benefit as mentioned in the order of the Tribunal. Whereas, some of the original applicants before the T...


Nov 16 2016

P. Manjunath Kumar and Another Vs. The Deputy Commissioner Mysuru Dist ...

Court: Karnataka

Decided on: Nov-16-2016

(Prayer: These writ petitions are filed under articles 226 and 227 of the constitution of India praying to quash the order passed by the respondent no.1 dt.9.7.2015 vide Annexure-A and etc.) 1. Heard Sri G. Chandrasekaraiah learned counsel appearing for the petitioner and Sri S.K.M. Shetty, learned counsel appearing for the second respondent. 2. By the consent of learned Advocates, writ petition is taken up for final disposal. 3. Petitioner has assailed the order dated 09.07.2015 passed by the first respondent at Annexure-A whereunder the first respondent has been directed to hand over the physical possession of the property bearing No.2203/75-B/2, D-1/B2 situated at I Main Road, Medara Block, Bamboo Bazaar, Devaraja Mohalla, Mysuru, within 30 days from the date of the order to the petitioner by exercising the power under Section 14(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the SARFAESI Act,) 4. Learned cou...


Nov 16 2016

Ningavva Vs. Basappa Sanganabasappa Meti and Others

Court: Karnataka Dharwad

Decided on: Nov-16-2016

(Prayer: This MFA is filed u/s 30(1) of W.C. Act against the Judgment and Order dated 27/12/2007 passed in WCA/F-24/2001 on the file of the Labour Officer and Commissioner for Workmen Compensation, Bagalkot, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. Appellants are the claimants. Being aggrieved by the judgment and order dated 27.12.2007 passed by the Labour Officer and Commissioner for Workmens Compensation, Bagalkot (hereinafter referred to as the WCC for short) in WCA/F Nos.22/2001, 23/2001, 24/2004 and 26/2001 respectively, fastening the liability on respondent Nos.1 and 3 to compensate the claimants by exonerating the Insurance Company, they have filed these appeals and also seeking enhancement of compensation. 2. The common judgment and order passed by the WCC has been challenged in all these appeals. Hence, all the appeals are clubbed together and disposed of by this common judgment. 3. The claimants in WCA/F No.22/2001 ar...


Nov 16 2016

Shilabai Vasant Magadum and Others Vs. Peermohammad Ahmedsab Mahasuri ...

Court: Karnataka Dharwad

Decided on: Nov-16-2016

(Prayer: This MFA is filed under section 30(1) of the Workmen s Compensation Act against the order dated 30.05.2008 passed in WCA/SR-91/2007 on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub Division No.2, Belgaum, Partly allowing the compensation and seeking enhancement of compensation.) 1. These appeals are filed by the claimants and also the insurance company challenging the legality and correctness of the judgment and order dated 30th May 2008 made in WCA:SR-91/2007 passed by the Labour Officer and Commissioner for Workmen s Compensation, Sub Division-II, Belagavi (hereinafter referred to as WCC for short). 2. For the sake of convenience and better understanding of the case, the parties are referred to as per their rankings before the WCC. 3. The claimants filed the claim petition contending that the husband of claimant No. 1 and father of claimant Nos. 2 to 4 viz., Vasant Magadum was working as a driller in the tractor No.RSE-7763 belonging to resp...


Nov 16 2016

Dhulappa and Others Vs. State of Karnataka Department of Revenue Vidha ...

Court: Karnataka

Decided on: Nov-16-2016

(Prayer: These Petitions are filed under Articles 226 and 227 of the Constitution of India praying to issue a writ of certiorari, quashing the notifications of the respondent No.3 dated 24.03.2012 in file No:Laq/Bagalkot/Cr/111/11-12 vide Annexure-A and also final notification issued by the respondent No.3 dated 09.10.2012 in file No:Rd/Laq/9A/CR/87/12-13 vide Annexure-B.) 1. Petitioners are the owners of lands situated in Bolegaon and Hirerogi of Indi Taluka in Vijayapura District. The details of survey numbers and the extent of land owned by the petitioners which have been acquired by the State Government for the purpose of constructing a main canal for Indi Lift Irrigation from 124 Kmts till 130 have been stated in para No.1 of the writ petition. 2. The proposal for acquisition of the land was made by the Executive Engineer, Krishna Bhagya Jal Nigam Limited Rampur Division. It is not in dispute that construction of the main canal known as Indi Lift Irrigation main canal had been und...


Nov 16 2016

The Pr. Commissioner of Income Tax and Another Vs. M/s. Karnataka Jour ...

Court: Karnataka

Decided on: Nov-16-2016

(Prayer: This ITA is filed under Sec.260-A of Income Tax Act 1961, arising out of order dated:16/10/2015 passed in ITA No.739/Bang/2014, for the assessment year 2009-2010 praying to formulate the substantial questions of law stated above, allow the appeal and set aside the orders passed by the ITAT, Bengaluru in ITA No.739/Bang/2014 dated:16/10/2015 and confirm the order of the Appellate Commissioner confirming the order passed by the Income Tax Officer, Ward-1(2)(5), Bengaluru and to pass such other suitable orders as this Hon ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity.) Jayant Patel J. 1. The appellants-Revenue has preferred the present appeal by raising the following substantial question of law: Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the assessee is entitled for benefit under section 80P of the Act and setting aside order passed under section 263 of the ...


Nov 16 2016

The Union of India Vs. Shri N Srinivasulu

Court: Karnataka

Decided on: Nov-16-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF NOVEMBER2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE SREENIVAS HARISH KUMAR WRIT PETITION NO.51098/2016 & WRIT PETITION NOS. 54922-55037/2016 (S-CAT) C/W WRIT PETITION NO.53273/2016 & WRIT PETITION NOS.54819-54917/2016 (S-CAT) C/W WRIT PETITION NO.53277/2016 & WRIT PETITION NOS.54817-818/2016 (S-CAT) WRIT PETITION NOS.53575-53577/2016 (S-CAT) C/W IN W.P.NO.51098/2016 & W.P.NOS.54922-55037/2016 BETWEEN1THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVT. OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE2NORTH BLOCK, NEW DELHI-110 001. 2.THE MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF PERSONNEL AND TRAINING, NEW DELHI-110 001. 3.THE MINISTRY OF DEFENCE (FINANCE) REPRESENTED BY ITS SECRETARY, ESTABLISHMENT-1 SECTION, NEW DELHI-110 001. 4.THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS, ULAN BATAR ROAD, PALAM...


Nov 15 2016

Bangalore International Airport Vs. The State of Karnatak Department o ...

Court: Karnataka

Decided on: Nov-15-2016

(Prayer: This Writ Petition is filed under article 226 of the Constitution of India, praying to quash the Demand notice dated 06.06.2014 issued by R-3 At Annexure-A and etc. This Writ Petition is filed under articles 226 and 227 of the Constitution of India, praying to direct the r-2 and 3 not demand Property Tax from the petitioner till the disposal of the appeal and direct the R-2 to consider and dispose of the appeal filed by the petitioner under Section 201 of the Karnataka Panchayat Raj Act 1993 Expeditiously, within a period of one month or any period this honorable court deems fit in the facts and circumstances of the case and etc. These Writ Petitions are filed under article 226 of the Constitution of India praying to quash the demand notice dated 30.06.2014 for the year 2013-2014 issued by r-3 at annexure-a and etc.] This wp is filed under articles 226 and 227 of the Constitution of india praying to quash the letter dated 16.07.2015 issued by the r-3 (annexure-a) calling upon ...


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