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Karnataka Court March 2016 Judgments

Mar 29 2016

M/S Bharath Earth Movers Gruha Nirmana Vs. State of Karnataka

Court: Karnataka

Decided on: Mar-29-2016

R1IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE29H DAY OF MARCH, 2016 :PRESENT: THE HONBLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR :AND: THE HONBLE MR.JUSTICE K.N. PHANEENDRA W. A. NO.5279/2003 (LA) AND W.A. NOs.5280-5281/2003 (LA) AND W. A. NOs.5282-5283/2003 (LA) IN W.A. No.5279/2003 BETWEEN: M/S.BHARATH EARTH MOVERS GRUHA NIRMANA, SAHAKARI SANGHA NIYAMITHA, MYSORE.REP. BY ITS SECRETARY A.P.NAGESH. (BY SRI.T.S.AMAR KUMAR, ADV. FOR M/S. LAWYERS INC., AND SRI.T.S.KARUMBAIAH AND SMT.P.C.VINITHA, ADV) AND: APPELLANT1 STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU 560 001.2. THE SPECIAL DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE. 2 3. THE LAND ACQUISITION OFFICER, MYSORE SUB-DIVISION, MYSORE.4. CHENNAIAH, S/O LAKKEGOWDA, AGED ABOUT81YRS., BOGADI VILLAGE, KASABA HOBLI, MYSORE TALUK AND DISTRICT. SINCE DEAD BY L.RS.- 4.(a) VENKATALAKSHMAMMA, D/O LATE CHENNAIAH, W/O NAGALINGA, 55 YRS., V CROSS, III MAIN, JAYANAGAR, MYSORE. 4.(b) LAKKAMMA, D/O LATE ...

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Mar 29 2016

Commissioner of Income Tax-Iii Vs. M/S Subhash Kabini Power Corporatio ...

Court: Karnataka

Decided on: Mar-29-2016

- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF MARCH, 2016 PRESENT THE HON'BLE MR. JUSTICE JAYANT PATEL AND THE HONBLE MRS. JUSTICE B.V.NAGARATHNA I.T.A. NO.169/2015 BETWEEN: COMMISSIONER OF INCOME TAX-III, REVENUE BUILDINGS, QUEENS ROAD, BANGALORE 560 001. ... APPELLANT (BY SRI: K.V. ARAVIND, SENIOR STANDING COUNSEL) AND: M/S. SUBHASH KABINI POWER CORPORATION LIMITED, 8/2, ULSOOR ROAD, BANGALORE 560 042. PAN: AACCS0881J.... RESPONDENT (BY SRI: R.V. EASWAR, SENIOR ADVOCATE FOR SMT. CHYTHANYA K.K., ADVOCATE) ***** THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT1961 ARISING OUT OF ORDER DATED:28/11/2014 PASSED IN ITA NO.258/BANG/2014, FOR THE ASSESSMENT YEAR20092010. THIS ITA COMING ON FOR ADMISSION THIS DAY, JAYANT PATEL J., DELIVERED THE FOLLOWING:- - 2 - JUDGMENT The appellant/Revenue has preferred the present appeal by raising the following substantial questions of law:1. Whether on the facts and in the circumstances of the case, the Tribunal was j...

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Mar 29 2016

Sonal Apparel Private Ltd., Vs. The State of Karnataka

Court: Karnataka

Decided on: Mar-29-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF MARCH2016 BEFORE: THE HONBLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION Nos.22483-22494 OF2015(T-RES) CONNECTED WITH WRIT PETITION Nos.38509 AND3898738997 OF2015(T-RES) WRIT PETITITION Nos.38510 AND3897338983 OF2015(T-RES) WRIT PETITION Nos.23533-23568 OF2015(T-RES) WRIT PETITION Nos.56067-56074 OF2015(T-RES) WRIT PETITION Nos.57835-57843 OF2015(T-RES) WRIT PETITION Nos.2925 AND42184228 OF2016(T-RES) WRIT PETITION Nos.3104-3115 OF2016(T-RES) WRIT PETITION Nos.6061-6072 OF2016(T-RES) WRIT PETITION Nos.11249-11272 OF2016(T-RES) IN W.P.Nos.22483-22494 OF2015BETWEEN: Sonal Apparel Private Limited, No.12-B, 6th Main, 2 PETITIONER3d Phase, Peenya Industrial Area, Bangalore 560 058. Represented herein by its Director/General Manager, Mr. Mohandas. (By Shri K.P.Kumar, Senior Advocate for Shri T. Suryanarayana, Advocate) AND:1. 2. The State of Karnataka, Represented herein by the Principal Secretary Finance Department, Gover...

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Mar 29 2016

Smt Siddamma Vs. Bhavani Housing Cooperative Society Ltd.

Court: Karnataka

Decided on: Mar-29-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF MARCH2016 BEFORE: THE HONBLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.49491 OF2015(CS-RES) CONNECTED WITH WRIT PETITION No.38532 OF2015(CS-RES) IN W.P.No.49491 OF2015BETWEEN: Smt. Siddamma, Wife of Late S.K.Narasimhaiah, Aged about 75 years, #49/50, 6th Main, Water Tank Road, Judicial Layout 2nd Phase, Shivanagar, Bangalore 560 062. By P.A.Holder, Sri. S.N.Narasimha Murthy. PETITIONER (By Shri H.V.Nagaraja Rao, Advocate for Shri Chandranath Ariga, Advocate) 2 Bhavani Housing Co-operative Society Limited, 239, Near Uma Teartre, Bull Temple Road, Chamarajpet, Bangalore 560 018, By its Secretary PH Dayanand. AND:1. 2. 3.4. 5. Smt. S. Nagarathna, Wife of S.Srivathsa, 50 years, No.547, 42nd Cross, 8th Block Jayanagar, Bangalore 560 082. Smt. V. Bhagyalakshmi, Daughter of Veerabhadraiah, 39 years, No.17/70, 1st Stage, Kumaraswamy Layout, Bangalore 560 078. Sri. Chandrappa, Son of Kempaiah, 64 years, No.1012, 11th Main...

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Mar 29 2016

Hemanagouda Vs. The Land Acquisition Officer

Court: Karnataka Dharwad

Decided on: Mar-29-2016

R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE29T H DAY OF MARCH2016BEFORE THE HONBLE MR. JUSTICE B.S. PATIL CRP NOs .10 007 7, 100 07 8, 100 079 , 1 001 02, 1000 71, 10 00 72, 10 007 3, 100 074, 1 00 075 , 1000 76, 10 00 82, 10 008 4, 100 085, 1 00 086 , 1000 87, 10 01 00, 10 010 1, 100 103 OF2015 , CRP No.100 064 /20 15 C/w . C RP Nos .10 00 69/ 201 5, 1000 70/ 20 15, AN D CR P N Os. 10 00 65, 10 006 6, 1000 67 & 1 00 068 OF2015 CRP NOs.100077/2015 BETWEEN HEMANAGOUDA S/O HANUMAGOUDA POLICE PATIL, AGE:30. YEARS, OCC: AGRICULTURE, R/O: BHIMANORE VILLAGE, TQ: DIST: KOPPAL. (BY SRI JAGADISH PATIL & SRI LINGRAJ MARADI, ADVOCATES) ... PETITIONER AND1 THE LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER, TQ & DIST: KOPPAL.2. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, :2. : KUSHTAGI, DIST: KOPPAL. ... RESPONDENTS THIS CRP IS FILED UNDER SECTION115OF CPC1908 AGAINST THE ORDER DATED0108.2015 PASSED IN LAC NO.230/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AT KOPPAL, DISM...

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Mar 29 2016

Sri Ramakrishnappa Vs. Sri K M Anjinappa

Court: Karnataka

Decided on: Mar-29-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF MARCH, 2016 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.16/2011 ... APPELLANT BETWEEN: SRI RAMAKRISHNAPPA AGED ABOUT63YEARS, S/O. CHINNAPPAIAH @ ERAPPA R/AT CHOKKANDAHALLI, KASABA HOBLI, MALUR TALUK KOLAR DISTRICT 563 130. (BY SRI VENKATESHA C. FOR SRI C. SHANKAR REDDY, ADV.) AND:1. SRI K.M. ANJINAPPA S/O. CHINNAPPAIAH @ ERAPPA AGED ABOUT60YEARS, R/AT KALKUNTE AGRAHARA, ANUGANDANAHALLI HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT 571 203.2. SRI PILLA REDDY S/O. APPAIAH REDDY AGED ABOUT55YEARS, RESIDING AT CHOKKANDAHALLI, 2 KASABA HOBLI, MALUR TALUK KOLAR DISTRICT 563 130. ... RESPONDENTS (BY SRI H.T.MANJUNATHA, ADV.) THIS RSA IS FILED UNDER S.100 R/W ORDER42RULE1OF CPC, AGAINST THE JUDGMENT AND DECREE DATED2008.2010 PASSED IN R.A.NO.257/2005 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SR.DN.) KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED0807.2005 PASSED ...

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Mar 28 2016

Balappa, Rep. by his wife Seetamma Vs. The Secretary Ministry of Home ...

Court: Karnataka

Decided on: Mar-28-2016

(Prayer: This WPHC is filed under Article 226 and 227 of the Constitution of India, praying to issue a writ in the nature of certiorari or any other appropriate writ or order, quashing the impugned orders passed by the 2nd respondent under Annexure-B in FIL No.REV/MAG/47/2015-16 dated 01.01.2016 and passed by the 1st respondent under Annexure-C, in File No.H.D./3/S-ST/2016 dated 08.01.2016 and Annexure-D in file No.H.D./3/S-ST/2016 dated 04.02.2016 and direct the respondents to set at liberty to the petitioner / detenue forthwith.) 1. The petitioner has called into question the second respondent Deputy Commissioner's order of detention, dated 01.01.2016 (Annexure-B), the State Government's order, dated 08.01.2016 approving the said detention order and the order, dated 04.02.2016 (Annexure-D) continuing his detention for a further period of 12 months. 2. The petitioner's learned advocate, Sri Ashok B. Mulage submits that the petitioner is a man of thumb impression. The grounds of detent...

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Mar 28 2016

B.M. Upendra Kumar Vs. State of Karnataka and Another

Court: Karnataka

Decided on: Mar-28-2016

Anand Byrareddy, J. 1. Heard the learned Senior Advocate Shri Udaya Holla appearing for the learned Counsel for the petitioner and the learned Government Advocate. 2. The petitioner is said to be a member of a Hindu Undivided Family (HUF), which has been carrying on agricultural operations on agricultural lands in Koteswara village, Kundapur Taluk. The petitioner s family is said to have purchased agricultural lands bearing Sy.Nos.13, 13/1, 14 and 15/2 of Byalalu village, Tavarekere Hobli, Bangalore South Taluk totally measuring about 17 acres 10 guntas under a registered sale deed dated 18.3.2005 in the name of the petitioner. Subsequent to the purchase, the khata of the property is said to have been transferred in the name of the petitioner. The record of rights pertaining to the property also reflected the petitioner as the owner and cultivator of the land in question. Copies of those records were annexed to the petitions. Subsequent to the purchase, the purchaser had approached M/s...

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Mar 28 2016

A.H. Rashmi Vs. State of Karnataka, rep. by Secretary, Department of L ...

Court: Karnataka

Decided on: Mar-28-2016

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the Government Order dated 26-8-2015 issued by the Respondent No.1, a copy of the same is produced as Annexure-D, to the extent the same relates to the rejection of the claim of the petitioner for sanction of grant-in-aid to the post of assistant professor of law held by the petitioner, as the same is arbitrary, illegal, irrational and unconstitutional besides violative of Articles 14, 16, 19 and 21 of the Constitution of India and etc.) 1. With the consent of the learned counsel for both the parties, this case is being decided at this point itself. 2. The petitioner, Smt. A.H. Rashmi, has challenged the legality of the order dated 26-8-2015 passed by respondent No.1, whereby the respondent No.1 has rejected the petitioner s claim for sanction of grant-in-aid for the post of Assistant Professor held by the petitioner. She has further sought two reliefs from this Court namely, ...

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Mar 28 2016

The Manager, National Insurance Co.Ltd., Vs. Rasheed Khan and Others

Court: Karnataka

Decided on: Mar-28-2016

Judgment 1. Insurer of the offending motor cycle, aggrieved by the judgment and award dated 17th November 2011 in MVC 568/2009 of the District and Sessions Judge, Fast Track Court-II, Shivamogga, (for short MACT ), has presented this appeal. 2. Facts briefly stated are: (i) First respondent instituted claim petition invoking Section 166 of the Motor Vehicles Act, 1988, (for short Act ) seeking Rs.13,15,000/- as compensation for injuries sustained in the road traffic accident that allegedly occurred on 07.04.2009 while riding his TVS XL bearing certificate of registration KA-14/K-9726 from his house towards flour mill near petrol bunk, N.T. Road, whence, the 2nd respondent/Habibulla Khan, allegedly riding a Hero Honda Splendor motor cycle bearing certificate of registration KA-14/W-8664 at a high speed and in a rash and negligent manner from the side of Sandesh Motors dashed against TVS moped, by reason of which the 1st respondent fell off from the vehicle, sustained injuries and was ad...

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