Karnataka Court November 2016 Judgments
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S. Rachappaswamy, Inspector of Police, Mysore Vs. the State of Karnata ...
Court: Karnataka
Decided on: Nov-15-2016
(Prayer: This Writ Petition is filed under Articles 226 of the Constitution of India praying to issue appropriate writ or order or direction, the order made by the Honorable Karnataka Administrative Tribunal in applications No.604/2012 dated 10.6.2014 and 12.3.2015 on Annex-A and B and allow the relief sought for in the same application and etc. This Petition coming on for preliminary hearing this day, Jayant Patel J., passed the following:) 1. The present petition is directed against the order passed by the Karnataka Administrative Tribunal (hereinafter referred to as the Tribunal for the sake of brevity), whereby the majority decision is for rejection of the application for condonation of delay of 12 years and for dismissal of the application. 2. We have heard Mr.S.Narayan, learned Counsel appearing for the petitioner Mr.H.T.Narendra Prasad, learned AGA appearing for the respondents. 3. The contention raised on behalf of the petitioner is that the Judicial Member found that there is ...
Union of India and Others Vs. Kishore Shetty and Others
Court: Karnataka
Decided on: Nov-15-2016
(Prayer: These Wp's are filed under filed praying to call for records which ultimately resulted in passing the order impugned dtd.24.9.2015 Annex-A Made In O.A.No. 170/00313 To 3222/2015 passed by the hon'ble cat, bengaluru; quash the order dtd.24.9.2015 passed by the Cat, Bangalore bench in o.a.no.170/00313 to 322/2015 vide annex-a and dismiss the O.A.No. 170/00313 to 322/2015.) Jayant Patel, J. 1. The present petitions are directed against similar impugned orders by the Tribunal whereby the Tribunal by relying upon its earlier order has directed for granting temporary status and thereafter such status is to be considered for regularization in the due course on the basis of the seniority. 2. We have heard Mr. H.jayakara Shetty, learned counsel appearing for the petitioners in all the matters and Mr. Sumanth L Bharadwaj and Sri M.V.Krishna Mohan, learned counsel appearing for respondents. 3. The perusal of the order passed by the Tribunal shows that the Tribunal has relied upon its ea...
ADC India Communication Limited Vs. The Assistant Commissioner of Inco ...
Court: Karnataka
Decided on: Nov-15-2016
(Prayer: This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to call for the records of the case and to quash the impugned orders dated 29.2.2016 along with the notice of demand dated 29.2.2016 Vide Ann-A.) 1. This writ petition has been filed by the petitioner-assessee aggrieved by the impugned assessment order passed by the respondent-Assessing Authority, Assistant Commissioner of Income Tax, for the Assessment year 1994-95 raising a demand of Rs. 1,95,56,185/-. 2. The learned senior counsel Mr.N.Venkataramana appearing for the petitioner urged before the Court that the said demand upon a rectification order, stands reduced, however, the rectification order passed by the same authority was not placed on record. 3. The issue raised in this second round of litigation is that the earlier remand to the Assessing Authority has been upheld by this Court while deciding the appeal of the Revenue vide ITA No. 1294/2006 in the case of Commissioner of Income Tax a...
Balavanth Rao S/O Vasudev Rao Deshpande Vs. Smt Geeta W/O Praveen Desh ...
Court: Karnataka Kalaburagi
Decided on: Nov-15-2016
R -1- IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE15H DAY OF NOVEMBER2016BEFORE THE HONBLE MRS. JUSTICE B.V.NAGARATHNA R.S.A.No.7528/2010 (PAR) C/W R.S.A. No.7460/2010 (PAR) IN R.S.A. No.7528/2010 BETWEEN: BALAVANT RAO S/O VASUDEV RAO DESHPANDE, AGE:90. YEARS, OCC: AGRICULTURE, R/O TAKALI, TQ: INDI, DIST: BIJAPUR. APPELLANT (BY SRI. VEERANAGOUDA, ADVOCATE) AND:1. SMT. GEETA W/O PRAVEEN DESHAPANDE, AGE:34. YEARS, OCC: SDC LAND DEVELOPMENT OFFICE CO-OP SECTION R/O BHIMARAYANGUDI, TQ: SHAHAPUR, DIST: BIJAPUR.2. PRAJWAL S/O PRAVEEN DESHAPANDE, AGE:23. YEARS, R/O BHIMARAYANGUDI, TQ: SHAHAPUR, DIST: GULBARGA.3. 4.5. 6.7. 8.-.2- PRAKHAYAT S/O PRAVEEN DESHAPANDE, AGE:14. YEARS, MINOR REPRESENTED BY NATURAL MOTHER, SMT. GEETA W/O PRAVEEN DESHAPANDE, I.E. RESPONDENT NO.1. SURESH S/O BALAWANTRAO DESHAPANDE, AGE:46. YEARS, OCC: AGRICULTURE, R/O TAKALI, TQ: INDI, DIST: GULBARGA, SRIKANT S/O BALAWANTRAO DESHAPANDE, AGE:48. YEARS, OCC: SERVICE, R/O H.NO.217/1800, VALLABHANAGAR, PIM...
Bangalore International Airport Limited Vs. The State of Karnataka
Court: Karnataka
Decided on: Nov-15-2016
IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE15h DAY OF NOVEMBER2016BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.22770/2016 c/w WRIT PETITION Nos. 1140/2016, 1141/2016, 3657/2016 WRIT PETITION Nos.22771/2016 & 25224-225/2016 and (LB-TAX) IN WP No.22770/2016 BETWEEN: PETITIONER BANGALORE INTERNATIONAL AIRPORT LIMITED ALPHA-2, KEMPEGOWDA INTERNATIONAL AIRPORT DEVANAHALLI, BANGALORE 560 300. REPRESENTED BY ITS SENIOR MANAGER-LEGAL SRI.AKSHAY RAM APTE. (BY SRI.SAJJAN POOVAYYA, SENIOR COUNSEL FOR SMT. NALINA MAYEGOWDA, ADVOCATE) AND:1. 2. THE STATE OF KARNATAKA DEPARTMENT OF PANCHAYAT RAJ M.S.BUILDING BANGALORE 560 001. REPRESENTED BY ITS CHIEF SECRETARY. ZILLA PANCHAYATH BENGALURU URBAN DISTRICT KARIYAPPA ROAD BANASHANKARI BANGALORE 560 050 REPRESENTED BY ITS222 Date of order:15.11.2016 in WP.No.22770/2016 c/w WP Nos.1140/2016, 1141/2016,3657/2016 and WP Nos.22771/2016 & 25224-25225/2016 Bangalore International Airport Limited Vs The State of Karnataka and o...
The Managing Director, Bangalore Metropolitan Transport Corporation Vs ...
Court: Karnataka
Decided on: Nov-14-2016
(Prayer: This Miscellaneous First Appeal is filed under Section 173(1) of MV Act against the Judgment and Award dated 29.12.2014 passed in MVC No.391/2014 on the file of the 5th Additional Small Causes Judge, 24th ACMM, Member, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru, awarding a compensation of Rs.20,10,000/- with interest @ 6% p.a from the date of petition till the date of its realization.) Anand Byrareddy J. 1. Heard the learned counsel for the appellant. The respondents having been served remain unrepresented. The appellant is the Bengaluru Metropolitan Transport Corporation represented by its Managing Director and being aggrieved by the judgment and award in favour of the respondents, who are said to be the widow and children of deceased who died as a result of a motor accident involving a bus belonging to the appellant, the present appeal is filed. The facts as recorded by the Tribunal are that on 21.12.2013 at about 9.05 p.m. when the deceased, one Siddaiah, was ri...
M/s. ABM Tele Mobiles India Pvt. Ltd. and Others Vs. The Assistant Com ...
Court: Karnataka
Decided on: Nov-14-2016
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order passed by the R-1 u/S 39(2) of the KVAT Act, R.W. Sec. 36(1) and Sec. 72(2) of the KVAT Act, dated 12.4.2016 for the Assessment Period April 2011 to March 2012 and the consequential demand notice issued by the R-1 in VAT form 180 dated 12.4.2016 for the Assessment period April 2011 to March 2012 i.e., Annexure F and F1 respectively. These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notices issued by the R-1 u/S.69/1 and 69(2) R.W. Section 39(1) of the KVAT Act, for the period of 2010-11 dated 2.2.2016 and 6.4.2016 i.e., Annexure-F and F1 respectively. These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned notices issued by R-1 u/S 39(1), 36(1), and 72(2) of the KVAT Act Rules, for the Tax period 2010-11 dated 3.5.2016 i.e., An...
Adi Chunchanagiri Shikshana Vs. The State of Karnataka, by Secretary t ...
Court: Karnataka
Decided on: Nov-14-2016
(Prayer: This Writ Petition is filed under Articles 226 And 227 of the constitution of India Praying to quash the Notices dated 20.05.2016 at annexure-G and 27.05.2016, 01.06.2016 At Annexure-H Issued by Respondent No.4 and Set aside the same as the same are Illegal Arbitrary, unjust and Without afording opportunity to the Petitioner Apart From Being Violative of Article 14 of the Constitution of india;) 1. The petitioner/Education Trust is before this Court for a writ of certiorari to quash the notices dated 20.05.2016, vide Annexure-G and dated 27.05.2016/01.06.2016, vide Annexure-H, issued by the 4th respondent, as being violative of Article 14 of the Constitution of India and also for a writ of mandamus to the 4th respondent not to dispossess the petitioner from the campus where it is running the school under the name and style BGS Kuvempu Primary School , Shankaraghatta, Bhadravathi Taluk, Shivamogga District, without due process of law. 2. It is the case of the petitioner that i...
Vidyavardhaka Sangha and Another Vs. Meera Bai and Another
Court: Karnataka
Decided on: Nov-14-2016
(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash order dtd.2.5.2006/28.4.2016 in petition No.4/2012 passed by the R-2 at Annex-G and Etc.) 1. The petitioners, Vidya Vardhaka Sangha (Regd.) and the Vidya Vardhaka Law College, have challenged the legality of the order dated 28.04.2016, passed by the Principal Secretary to the Government, Law Department, whereby the Principal Secretary has allowed the revision petition filed by the respondent No.1, Smt. Meera Bai, under Section 131 of the Karnataka Education Act. 2. Briefly the facts of the case are that Vidya Vardhaka Sangha ("the Society , for short) was established in the year 1949, for imparting education for those who could not afford to have education, at minimum cost, and especially to the members of downtrodden and lower middle class. The Vidya Vardhaka Law College was established in the year 1974-75, and a five year course was further introduced in the academic year ...
The Union of India and Others Vs. Lakshmidevamma and Another
Court: Karnataka
Decided on: Nov-14-2016
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India Praying to Quash the Impugned Order Dtd. 13.5.2015 [Annex-C] Passed In Ra No. 1/2014 By the Central Administrative Tribunal, Bangalore and Consequentially Dismiss the Review Petition.) Jayant Patel, J. 1. Rule. 2. Mr.Izhar Ahmed, learned Counsel appears for respondent Nos. 1 and 2 and waives notice of Rule. 3. The present petition is directed against the order dated 13.05.2015 passed by the Central Administrative Tribunal (hereinafter referred to as the Tribunal for the sake of brevity), whereby the Tribunal for the reasons recorded in the order has allowed the review application and has allowed the main OA by directing the respondents to consider the second applicant for compassionate appointment within the stipulated time limit. 4. The short relevant facts of the case appears to be that initially O.A.No.587/2013 was preferred by the respondents for the compassionate appointment of respondent ...
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