Karnataka Court February 2016 Judgments
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State of Karnataka Vs. S.K. Shambappa
Court: Karnataka
Decided on: Feb-29-2016
1. This appeal filed by the State of Karnataka is against the judgment dated 13-2-2001 passed in Spl. C.C. No. 51 of 1999 by the special judge, Bengaluru Urban and Rural District, Bengaluru, acquitting the accused of the offences under Sections 7 and 13 (1) (d), punishable under Section 13 (2) of the Prevention of Corruption Act, 1988 (for short, the Act ). 2. The fact of the matter is that the respondent was working as a First Division Assistant in the Office of the Superintendent of Police, Railways, Bengaluru. On 10-12-1997, it is alleged that the respondent demanded a bribe of Rs. 250/-, from Yogesh-P.W. 1, for the purpose of forwarding an application of his brother T. Mohana Gowda, concerning appointment for a job on compassionate ground i. e., on account of the death of their father Thimmegowda, who was working as a Head , Constable at Shivamogga Railway Police Station and expired on 14-2-1997. It was alleged by P.W. 1, that the respondent demanded and accepted bribe amount of Rs...
Hanumanthanayak Vs. State of Karnataka by Railway Police Force
Court: Karnataka
Decided on: Feb-29-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF FEBRUARY2016BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA CRL.REVISION PETITION NO.1251/2010 BETWEEN: HANUMANTHANAYAK S/O LATE HANUMANTHANAYAKA AGED ABOUT45YEARS EDIGANA HOSUR VILLAGE, KASABA HOBLI TQ. HOLENARASIPURA DIST. HASSAN. (By Sri: MAHANTESH S HOSMATH, ADV.) AND STATE OF KARNATAKA BY RAILWAY POLICE FORCE REPRESENTED BY PUBLIC PROSECUTOR MYSORE. ... PETITIONER ... RESPONDENT (By Sri: S.RACHAIAH, HCGP) THIS CRL.RP FILED U/S.397 R/W401CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT2THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DT.20.8.10 PASSED BY THE P.O. FTC-III, AND ORDER HOLENARASIPURA DT.19.5.10 C.J.M., IN C.C.NO.3/07 AND ACQUIT BY HOLENARASIPURA ALLOWING THE CRL.R.P. IN CRL.A.56/10 PASSED ADDL. THE BY THIS CRL. RP COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard the learned concept by the petitioner and the learned HCGP.2. The present petition is filed u...
M/S Belgaum Minerals Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-29-2016
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF FEBRUARY, 2016 R PRESENT THE HONBLE MR. SUBHRO KAMAL MUKHERJEE CHIEF JUSTICE AND THE HONBLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.134 OF2016(GM-MM-S) Between: M/s. Belgaum Minerals A proprietary concern Belgundi Village Belagavi Taluk Belagavi 591 108 Represented by its Authorized signatory Mr.K.Venu Aged about 55 years (By Sri.Sajan Poovayya, Senior Advocate for Miss Nalina Mayegowda, Advocate for Poovayya & Co., Advocates) And: ... Petitioner 1. State of Karnataka The Principal Secretary, Revenue Government of Karnataka M.S.Building - 2 - Ambedkar Veedhi Bangalore 560 001 2. The Deputy Commissioner Belagavi District Belagavi 590 001 3. Department of Mines and Geology Government of Karnataka No.49, Khanija Bhavan Race Course Road Bangalore 560 001 Represented by the Director 4. The Deputy Director Mines and Geology Department Belagavi 590 001 5. The Tahshildar Belagavi Taluk Belagavi District 590 001...
The Managing Director Vs. Sri Deanish M A
Court: Karnataka
Decided on: Feb-29-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF FEBRUARY, 2016 BEFORE THE HONBLE MR.JUSTICE RAM MOHAN REDDY M.F.A.NO.442/2016 (MV) C/W M.F.A.NO.5323/2015 (MV) IN MFA NO.442/2016: BETWEEN: The Managing Director B.M.T.C., Bengaluru Central Office K.H.Road, Shanthinagar Bengaluru 27 (R.C.Owner of BMTC Bus bearing No.KA-01-F-4447) Now through Chief Law Officer BMTC, Bengaluru APPELLANT Sri.Deanish M.A., S/o Sri.Anand Kumar Aged about 27 years R/at No.248, 23rd Cross 22nd Main, Judicial Layout G.K.V.K. Post Bengaluru 560 065. (By Sri.K.Nagaraja, Advocate) AND:1. 2. Smt.Sulochana Rani M W/o Sri.Nagachowdary Aged major R/at No.4-5, 29/38, KSR Towers 1st Line, Vidhyanagar 3. 2 Guntur, Andhrapradesh (R.C.Owner Tipper Lorry No.AP-07-U-8783) Sriram General Ins. Co. Ltd., Regional Office No.4, 2nd Floor Monarch Chambers, Infantry Road Bengaluru 560 001. RESPONDENTS This appeal is filed u/s 173(1) of MV Act against the judgment and award dated 06.06.2015 passed in MVC No....
C. Valli Narayan Vs. C. Vinod Hayagriv
Court: Karnataka
Decided on: Feb-29-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF FEBRUARY, 2016 PRESENT THE HONBLE MR.JUSTICE N.KUMAR AND THE HONBLE MR.JUSTICE ARAVIND KUMAR CCC No.1235/2015(CIVIL) BETWEEN: C. VALLI NARAYAN W/O LATE MR.C.V.NARAYAN AGED ABOUT70YEARS R/AT KRISHNA PRASAD NO.14/A, I MAIN I BLOCK, KORAMANGALA BENGALURU-560 034 ..COMPLAINANT (BY SRI.SRINIVASA RAGHAVAN, ADVOCATE FOR SRI.ARUN SRI.KUMAR FOR M/s.KEYSTONE PARTNERS) AND:1. C. VINOD HAYAGRIV S/O MR.C.V.HAYAGRIV AGED ABOUT55YEARS KRISHNA PRASAD 1/34, ULSOOR ROAD W.H.HANUMANTHAPPA LAYOUT2BENGALURU-560 042 2.C.V.HAYAGRIV S/O LATE SRI.C.V.CHETTY AGED ABOUT76YEARS "KRISHNA PRASAD"1. 34, ULSOOR ROAD W.H.HANUMANTHAPPA LAYOUT BENGALURU-560042 3.TRIVENI VINOD W/O MR.C.VINOD HAYAGRIV AGED ABOUT48YEARS KRISHNA PRASAD 1/34, ULSOOR ROAD W.H.HANUMANTHAPPA LAYOUT BENGALURU-560 042 4.C.VISALA HAYAGRIV W/O MR.C.V.HAYAGRIV AGED ABOUT73YEARS KRISHNA PRASAD 1/34, ULSOOR ROAD W.H.HANUMANTHAPPA LAYOUT BENGALURU-560 042 5.CHAITANYA V COTHA S/O M...
High Court of Karnataka Vs. Sri Periya Swamy
Court: Karnataka
Decided on: Feb-29-2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF FEBRUARY, 2016 R PRESENT THE HONBLE MR.JUSTICE N.KUMAR AND THE HONBLE MR.JUSTICE ARAVIND KUMAR CCC No.124/2016(CIVIL) BETWEEN: HIGH COURT OF KARNATAKA REPRESENTED BY ITS REGISTRAR GENERAL BENGALURU-560 001 ..COMPLAINANT (BY SMT.S.SUSHEELA, AGA) AND: SRI. PERIYA SWAMY ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY ITS REGIONAL MANAGER SRI.PERIYA SWAMY MAJOR NO.44/45, RESIDENCY ROAD LEO SHOPPING COMPLEX BENGALURU-560 025 ..ACCUSED - 2 - THIS CCC SUO-MOTO CIVIL CONTEMPT PETITION IS FILED UNDER SECTION11AND12OF THE CONTEMPT OF COURTS ACT1971R/W ARTICLE215OF THE CONSTITUTION OF INIDA, AGAINST THE ACCUSED SRI PERIYA SWAMY, THE REGIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., FOR NOT COMPLYING WITH THE ORDER DATED1903/2015 IN MFA.NOS.10536/12, 10537/2012 AND1053812 PASSED BY THIS HON'BLE COURT. THIS CCC SUO-MOTO CIVIL CONTEMPT IS BEING FILED AS PER THE ORDER DATED610/2015 PASSED BY THIS HON'BLE COURT0 I.A.1/12 IN THE AFOR...
Sri M G Pandit (Since Deceased) Vs. Indian Bank
Court: Karnataka
Decided on: Feb-29-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF FEBRUARY2016R PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RAVI MALIMATH WRIT APPEAL NO.5546 OF2013(S-RES) BETWEEN SRI M G PANDIT (SINCE DECEASED) BY HIS LEGAL HEIR SMT. SHOBHA M. PANDIT W/O LATE M G PANDIT AGED ABOUT55YEARS ROCKEE ESTATE, BELAGOLA BOGSE POST CHIKMAGALUR DISTRICT-577130 ... APPELLANT (BY SRI JAGADEESHACHARI, ADVOCATE) AND INDIAN BANK NO.66, RAJAJI SALAI CHENNAI-600001 BY ITS DEPUTY GENERAL MANAGER ... RESPONDENT (BY SRI A KESHAVA BHAT, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.17400/2009 DATED2507/2013. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:2. JUDGMENT This is an appeal against the judgment and order dated July 25, 2013, passed by the Honble Single Judge in Writ Petition No.17400 of 2009.2. The writ p...
Nagaraj Vs. Syed Kareem Babu and Another
Court: Karnataka Kalaburagi
Decided on: Feb-26-2016
(Prayer: These Criminal Petitions are filed u/s 482 of Cr.P.C., praying that this Hon ble Court may be pleased to call for the records of the Lower Court and examine the Order passed by the Vth Addl. Session Judge (spl) Court, Kalaburagi on dated: 16.6.2015 in S.C.No.59/2010 and S.C.No.58/2010 respectively and to make/pass such appropriate orders as may be necessary to cure the irregularities/illegalities and the abuse of the process of the lower court to meet the ends of justice and further the Lower Court may be directed to record evidence of the victim through video recording.) 1. Criminal Petition No.200710/2015 is preferred being aggrieved by the order dated 16.6.2015 rendered in S.C.NO.58/2010 on the application preferred by the present petitioner under the provisions of Sections 278(1) and (2) of Cr.P.C. and also under Section 327(2) of the Cr.P.C. 2. The petitioner is the defacto complainant and is none other than the father of the victim who is said to have been sexually assau...
The Commissioner of Income Tax and Another Vs. The Nagarbail Salt-Owne ...
Court: Karnataka
Decided on: Feb-26-2016
(Prayer: This ITA is filed u/s.260A of the Income-Tax Act 1961, praying to formulate the substantial question of law stated above and to allow the appeal and set aside the orders passed by the Income Tax Appellate Tribunal, Panaji Bench, Panaji, in ITA No.252/Pnj/2014, dtd: 23.01.2015 for the assessment year 2007-08 and confirm the order passed by the Income Tax Officer, Ward-2, Santeri Krujapa Building, Habbuwad, Karwar.) P.S. Dinesh Kumar, J. 1. This appeal is presented by the Revenue by raising the following substantial question of law: Whether the Tribunal is right in law, considering the facts and circumstances of the case in holding that the respondent society is managing its activity on behalf of its members in the most beneficial way by selling the products manufactured by the members, without appreciating that the assessing authority has clearly brought on record that there is no active participation of members in its activities and the respondent society is carrying a commerc...
Commissioner of Income-tax - TDS, Bangalore Vs. Teleradiology Solution ...
Court: Karnataka
Decided on: Feb-26-2016
Jayant Patel, J. 1.As in both the appeals, common questions arise for consideration, they are being considered simultaneously. 2. The Revenue has preferred the present appeals by raising the following substantial question of law: 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the amounts paid to the doctors is not in the nature of "salary" and liable for deduction of tax at source as required under section 194J as "Professional fees" even when assessee engaged the doctors as consultants and as per the agreements, these consultants would be governed by the rules and regulations of service, conduct rules, discipline etc., which proved that there existed an employee-employer relationship?' 3. It appears after the order of Assessment Officer when the matter was carried before the Commissioner of Income-Tax (Appeals) at paragraph-5, after considering the earlier decision of the Tribunal in case ofITO v. Elbit Diagnostics Ltd. [...
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