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Karnataka Court February 2016 Judgments

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Feb 18 2016

Karnataka State Beverages Corpn. Ltd. Vs. Commissioner of Income-tax

Court: Karnataka

Decided on: Feb-18-2016

1. Heard the learned counsel Shri A. Shankar appearing for the petitioner, the learned Advocate General Shri Madhusudhan R. Naik appearing for Respondents 3 and 4 and Shri Jeevan J. Neeralagi appearing for Respondents 1 and 2. These petitions are all heard and disposed of by this common order, as they are by the same petitioner. However, the challenge is to assessment orders for different years, as is detailed hereunder. 2. The petitioner is a company, a Government of Karnataka Undertaking engaged in the business of canalization of liquor, beer and rectified spirit. The Assessing Officer, within whose jurisdiction the Company operates, had passed an assessment order under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act', for brevity) for the Assessment years 2010-11 and disallowed the Privilege Fee of Rs. 570,14,37,000/-and made disallowance under Section 14-A of the Act in a sum of Rs. 36,52,797/- on 27.02.2013. The Assessing Officer had also passed an ...


Feb 18 2016

C.M. Nagaraj Vs. Karnataka State Road Transport Corporation, Rep. by i ...

Court: Karnataka

Decided on: Feb-18-2016

(Prayer: This Writ Appeal is filed under Section 4 of the High Court Act, praying to set aside the order passed in Writ Petition No.61057/2014 dated 31.8.2015.) Subhro Kamal Mukherjee, Acting Chief Justice 1. A short point is raised. Mr.L.Shekar, learned advocate appearing for the appellant submits that the Hon ble Single Judge, while considering an application under Section 17B of the Industrial Disputes Act, 1947, ( the said Act in short) erred in law in directing the payment of wages in terms of the provisions of Section 17B of the said Act from the date of filing of the application. He submits that the appellant is entitled to the payment in terms of Section 17B, from the date of the award. 2. Miss H.R.Renuka, learned advocate appearing for the employer, on the contrary, submits that workman is entitled to compensation from the date when he files an affidavit seeking such payment. 3. Section 17B of the said Act runs as under: 17B. Payment of full wages to workman pending proceeding...


Feb 18 2016

Y.N. Nanjappa Vs. Union of India, rep. by its Principal Secretary and ...

Court: Karnataka

Decided on: Feb-18-2016

(Prayer: This petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash Sub Part (iv) of Rule 118 (1) being the exemption granted to Transport Vehicles of M1 category (seating capacity of 8 passengers in addition to the driver seat) and not exceeding 3500 kgs gross vehicle weight in the Motor Vehicles Rules, 1989, as amended by the Central Motor Vehicles (Sixth Amendment) Rules, 2015, dtd. 15.4.2015 produced as Annexure-A and etc.) Subhro Kamal Mukherjee, Acting CJ. 1. This is a writ petition assailing the notification dated April 15, 2015 giving into force Central Motor Vehicles (Sixth Amendment) Rules 2015, and, also, the notification dated October 01, 2015. 2. Mr. Sajan Poovayya, learned senior advocate appears for the petitioner, Mr Arvind Sharma, learned advocate appears on behalf of Respondent No.1 Union of India and Mr. R. Devadas, learned principal government advocate, appears for the State of Karnataka. 3. Sub-clause (iv) of the proviso to Rul...


Feb 18 2016

S. Ravichandran Vs. Union of India, New Delhi and Others

Court: Karnataka

Decided on: Feb-18-2016

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore on 4.9.2013 vide Annexure-A in O.A. No.516/2013, etc.,) 1. The petitioner was initially appointed on 14.9.1976 in the Office of Superintending Archaeologist, Archaeological Survey of India, Chennai as Lower Division Clerk and promoted as Upper Division Clerk w.e.f. 10.9.1986 and thereafter promoted to the post of Head Clerk w.e.f. 30.6.1994 in the pre-revised pay-scale of Rs.1400-40-1800-50-2300. He was promoted as Works Assistant Grade-I w.e.f. 1.5.1997. As is clear from the document at Annexure-E, dated 3.10.1997, petitioner was given promotion w.e.f. 1.9.1997. The pay-scale attached to the post of Works Assistant Grade-I to which the petitioner was promoted and taken charge in the said post on 1.9.1997 was Rs.1400-40-1600-50-2300-60-2600. The Government of India, Ministry of Finance gave effe...


Feb 18 2016

C M Nagaraj Vs. Karnataka State Road Transport Corporation

Court: Karnataka

Decided on: Feb-18-2016

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF FEBRUARY, 2016 R PRESENT THE HONBLE MR. SUBHRO KAMAL MUKHERJEE ACTING CHIEF JUSTICE AND THE HONBLE MR. JUSTICE RAVI MALIMATH WRIT APPEAL NO.3485 OF2015(L-KSRTC) Between: C.M.Nagaraj S/o Late Moolagiriyappa Age 51 years No.1-194, Kanthenahalli Arasikere Taluk Hassan District 573 103 (By Sri.L.Shekar, Advocate) And: ... Appellant Karnataka State Road Transport Corporation Chikkamagalore Division Chikkamagalore 577 101 By its Divisional Controller Represented by its Chief Law Officer (By Miss H.R.Renuka, Advocate) ... Respondent - 2 - This Writ Appeal is filed under Section 4 of the High Court Act, praying to set aside the order passed in Writ Petition No.61057/2014 dated 31.8.2015. This appeal coming on for preliminary hearing this day, the Acting Chief Justice delivered the following: JUDGMENT A short point is raised. Mr.L.Shekar, learned advocate appearing for the appellant submits that the Honble Single Judge...


Feb 18 2016

Sri. Subramanyam Vs. State of Karnataka

Court: Karnataka

Decided on: Feb-18-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF FEBRUARY, 2016 BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA CRL. APPEAL No.1525/2015 BETWEEN: SRI.SUBRAMANYAM SON OF RATHNAMAIAH @ RATHNAM AGED ABOUT38YEARS RESIDENT OF GEJJALAVARAPALLI VILLAGE PUNGANUR TALUK CHITHUR DISTRICT ANDHRA PRADESH STATE 504 001. (BY SRI.P.M.SIDDAMALLAPPA & SRI.UMESH P.H., ADVS., FOR MYLARAIAH ASSTS.,) AND: STATE OF KARNATAKA REPRESENTED BY POLICE SUB INSPECTOR NANDAGUDI POLICE STATION HOSKOTE TALUK 562 114. ... APPELLANT ... RESPONDENT (BY SRI.RACHAIAH, HCGP) THIS CRL.APPEAL IS FILED UNDER SECTION3742) OF CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT ORDER DATED2711.2015 PASSED BY THE XXXIII ADDITIONAL CITY CIVIL AND S.J., AND SPL. JUDGE (NDPS), BANGALORE (CCH-33) IN SPL.C.C.NO.134/2013 CONVICTING THE APPELLANT / ACCUSED NO.1 FOR THE OFFENCE P/U/S15C) OF NDPS ACT. 2 THIS CRL. APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: JUDGMENT Present appeal is filed...


Feb 18 2016

Christian Chidieere Chukwu Vs. The State of Karnataka

Court: Karnataka

Decided on: Feb-18-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF FEBRUARY2016BEFORE THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA Crl.P. No.7904/2015 BETWEEN: CHRISTIAN CHIDIEERE CHUKWU S/O SILVERNUS, AGED28YEARS C/O MOHAMAD YAKUB, 3RD CROSS ASHIRVAD LAYOUT, MARAGONDANA HALLI MAIN ROAD, T.C.PALYA K.R.PURA, BANGALORE-560 036. NATIVE OF: PLOT NO.913, 6TH AVENUE FESTACT WOWN, LOGOS STATE NIGERIA. PETITIONER ( BY SRI G.NAGARAJA GOWDA, ADV.) AND:1. THE STATE OF KARNATAKA BY K.R.PURAM POLICE STATION BANGALORE. REP BY SPP HIGH COURT COMPLEX BANGALORE-560001.2) UNION OF INDIA, REPRESENTED BY MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. RESPONDENTS (BY SRI A.S.PONNANNA, ADDL.ADVOCATE GENERAL FOR RESPONDENT NO.1; SRI KRISHNA S.DIXIT, ASST. SOLICITOR GENERAL FOR RESPONDENT NO.2) 2 CRL.P FILED U/S.439 CR.P.C PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.602/15OF K.R.PURAM POLICE STATION, BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECs.376, 5...


Feb 18 2016

Sri Y N Nanjappa Vs. Union of India

Court: Karnataka

Decided on: Feb-18-2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 18th day of February, 2016 R PRESENT: THE HONBLE MR SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE AND THE HONBLE MR. JUSTICE RAVI MALIMATH Writ Petition No.52082 of 2015 (MV-PIL) BETWEEN: SRI Y N NANJAPPA RETIRED HAL EMPLOYEE S/O SRI NINGAIAH AGED72YEARS R/O AT NO.1085, 30TH MAIN, 16TH CROSS, II STAGE, BANASHANKARI, BANGALORE-560 070 ... PETITIONER [By Sri Sajan Poovayya, Senior Advocate for Sri Anandarama, Advocate, for Ms Nalina Mayegowda, Advocate for M/s Poovayya & Co., Advocates) AND:1. UNION OF INDIA REPTD BY ITS PRINCIPAL SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN1 PARLIAMENT STREET NEW DELHI-110001.2. STATE OF KARNATAKA REPRESENTED BY ITS3 2 UNDER SECRETARY TO GOVT DEPARTMENT OF TRANSPORT M S BUILDINGS BANGALORE-560 001. THE COMMISSIONER FOR TRANSPORT AND ROAD SAFETY GOVT. OF KARNATAKA M S BUILDINGS DR.AMBEDKAR BEEDI BANGALORE-560 001. RESPONDENTS [By Sri Aravind Sharma, Advocate for Sri Krishna ...


Feb 17 2016

M. Sadiq Ali Baig and Others Vs. The Government of Karnataka, Bangalor ...

Court: Karnataka

Decided on: Feb-17-2016

(Prayers: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned endorsement at Annexure-A dated 2.1.2014 passed by the R2 and to direct the R2 to take steps for the resumption of the land measuring 7 acres 7 guntas in Sy.No.73/2 situated at Milagatta Village, KasabaHobli, Shimoga Tq. and etc. This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R1 and R2 to consider the representation dated 3.11.2014 vide Annexure-E filed by the petitioner for resumption of land in Sy.No.73/2 of Milagatta Village, Taluk and Dist. Shimoga and redeliver it to the petitioner/owner because the R3 has not utilized it for 14 years, etc.) 1. The prayers of the petitioners are that the lands compulsorily acquired from them and allotted to the third respondent be re-delivered to them. They allege that the industrial plot allotted to the third respondent has remained idle as it has not at all implemen...


Feb 17 2016

Chanabasappa Vs. Karnataka Neeravari Nigam Ltd., and Another

Court: Karnataka Dharwad

Decided on: Feb-17-2016

(Prayer: This M.S.A. is filed under Section 54(2) of the L.A. Act, praying to enhance the market value at the rate of Rs.3,00,000/- per acre along with all statutory benefits by modifying the judgment in LAC appeal No.130/2011 passed by the court of principal District Judge, Belgaum, dated 02.04.2012 and LAC No.193/2010 dated 26.03.2011 passed by the Civil Judge (Sr. Dn.), Bailhongal, and etc.,) 1. This is a miscellaneous second appeal, assailing judgment and award passed in LAC. Appeal No.130/2011 by the Principal District Judge, Belgaum, dated 02.04.2012 by which, judgment and award passed by the Civil Judge (Sr.Dn.), Bailhongal, (hereinafter referred to as the reference court for the sake of convenience) dated 26.3.2011 in LAC.No.193/2010 has been modified by partly allowing the appeal. 2. Relevant facts of the case are that an extent of 17 guntas out of 1 acre 37 guntas of land, in Sy.No.6/3+4b; 25 guntas in Sy.No.87/5 and 35 guntas in Sy.No.85/1 situated at Mugabasava village, Bai...


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