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Karnataka Court April 2016 Judgments

Apr 28 2016

A. Ramakrishna and Others Vs. The Special Deputy Commissioner Bangalor ...

Court: Karnataka

Decided on: Apr-28-2016

1. The purchaser of land bearing Sy.No.71 of Tobarahalli village, Varthur Hobli, erstwhile Bangalore South Taluk and presently in Bangalore East Taluk has come up in W.P.No.51426/2012 impugning the concurrent finding of the Assistant Commissioner and Deputy Commissioner, second and first respondents in said writ petition in holding that the sale deed executed in favour of petitioner is in contravention of the provisions cf the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('PTCL Act' for short). 2. Brief facts leading to this writ petition are as under: The land bearing Sy.No.71 of Tobarahalli village, Varthur Hobli, Bangalore South Taluk, now Bangalore East Taluk was sold in favour of one Venkatappa for an upset price of Rs. 100/- as per Official Memorandum dated 5.4.1955, which is at Annexure-B. It is stated that on an application, said upset price was reduced from Rs.100/- to Rs.25/- per acre. Thereafter, the said amount was ord...

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Apr 28 2016

Ramananda Rao Vs. Girija Kasbaker

Court: Karnataka

Decided on: Apr-28-2016

(Prayer: This Criminal Revision Petition is filed under Section 397 r/w 401 of Cr.P.C. praying to set aside the impugned judgment dated 9.4.2014 passed by the XX ACMM, Bengaluru in C.C.No.1476/2010 and also the judgment dated 26.11.2014 passed in Crl.A.No.457/2014 by the P.O., FTC-X, Bengaluru City.) 1. Heard the learned counsel appearing for the parties. Perused the records. 2. Present petition is filed under Section 397 of Cr.P.C. read with Section 401 of Cr.P.C. challenging the judgment of conviction passed in C.C.No.1476/2010, by the XX Addl.CMM, Bengaluru for the offence punishable under Section 138 of N.I. Act and confirmation of the same by the First Appellate Court in Crl.A.No.457/2014 in the appeal filed in terms of Section 374(3) of Cr.P.C. Several grounds have been urged in this revision petition. Parties are referred to as accused and complainant as per their rankings given in the Trial Court. 3. Facts leading to filing of this revision petition in terms of Section 397 of C...

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Apr 28 2016

The Commissioner or Income-Tax, Bangalore and Others Vs. M/s. IBC Know ...

Court: Karnataka

Decided on: Apr-28-2016

B.V. Nagarathna, J. 1. These appeals, filed by the Revenue as well as the assessee, assail order dated April 25, 2014, passed by the Income-tax Appellate Tribunal (hereinafter referred to as "the Tribunal" for the sake of convenience), in I.T.A. Nos. 903-905/Bang/2013 and C.O. Nos. 103-105/Bang/2013 dated April 25, 2014. By the said order, the Tribunal has confirmed the order of the Commissioner of Income-tax (Appeals) (hereinafter referred to as "the Appellate Commissioner") and dismissed the appeals. 2. I.T.A. Nos. 410-412 of 2014 are filed by the assessee, while I.T.A. Nos. 403 of 2009 C/w. I.T.A. Nos. 402 of 2009, 394 of 2014 and 271 of 2015, 399 of 2014, 400 of 2014 and 351 of 2015, 402 of 2014 and 352 of 2015 are filed by the Revenue. 3. By order dated August 3, 2015, the appeals filed by the assessee were admitted on the following substantial questions of law : "(a) Whether the Tribunal was right in holding that the initiation of proceedings and the consequent order passed under...

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Apr 28 2016

M/S. Manasa Electrical Co., Vs. State of Karnataka

Court: Karnataka

Decided on: Apr-28-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF APRIL2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MRS.JUSTICE B.V.NAGARATHNA STRP No.117/2016 & STRP Nos.119/2016 to 129/2016 BETWEEN: M/S. MANASA ELECTRICALS CO., NO.21, VENKATESHWARA COMPLEX, A.M.LANE, BVK IYENGAR ROAD BANGALORE-560 053 (SURENDRA.B.SHIYAL) (BY SRI.MALLAHAR RAO, ADVOCATE FOR SRI.S. PARTHASARATHI, ADVOCATE) AND:1. STATE OF KARNATAKA FINANCIAL SECRETARY ...PETITIONER2 COMMISSIONER OF COMMERCIAL TAXES VANIJYA TERIGE2BANGALORE COMMERCIAL TAXES, ZONE-1 BANGALORE. OF COMMERCIAL TAXES, (AUDIT)-3.2, DVO-3, BANGALORE3 ADDITIONAL COMMISSIONER OF4 OFFICE OF THE DEPUTY COMMISSIONER (BY SRI.K.M.SHIVAYOGISWAMY, AGA) THESE STRPS ARE FILED UNDER SEC651) OF THE KARNATAKA VALUE ADDED TAX ACT, AGAINST THE JUDGMENT AND DECREE DATED1410.2015 PASSED IN STA. NO.809 TO8202009 ON THE FILE OF TRIBUNAL, BENGALURU (CH-7), DISMISSING THE APPEAL FILED UNDER SEC.63(1) OF THE KARNATAKA VALUE ADDED TAX ACT. THE ...

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Apr 28 2016

Shivappa S/O Shankrappa Vadagalla Vs. The State of Karnataka

Court: Karnataka Dharwad

Decided on: Apr-28-2016

1 R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE28h DAY OF APRIL, 2016 B E F O R E THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.100395/2016 (LA-RES) C/W WRIT PETITION Nos. 100396/2016, 100398-100399/2016, 100400/2016,100401-100402/2016,100403/2016, 100404/2016,100405/2016, 100408/2016, 100409/2016, 100397/2016, 107653/2015 & 108183/2015, 107663/2015 & 108184-108185/2015, 107662/2015, 107652/2015 & 108071/2015, 109068/2015 & 109497-499/2015, 109069/2015, 109066/2015 & 109507-509/2015, 109067/2015, 109088/2015 (LA-RES) IN WP.No.100395/2016 BETWEEN: Shivappa, S/o Shankrappa Vadagalla, Age:40. years, Occ: Agriculture, R/o Kallihal, Tq & Dist: Haveri. (By Sri. S.M. Kalwad, Advocate) AND:1. The State of Karnataka, Department of Revenue, M.S. Building, Bengaluru, Rep. by its Secretary, 2. The Deputy Commissioner, Haveri, ... PETITIONER3 4.5. 2 The Special Land Acquisition Officer, Upper Tunga Project, Ranebennur. Tq: Ranebennur, Dist: Haveri. The Chief Administrative O...

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Apr 28 2016

Sri. A. Ramakrishna Vs. The Special Deputy Commissioner

Court: Karnataka

Decided on: Apr-28-2016

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF APRIL2016BEFORE THE HONBLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.51426/2012 C/W WRIT PETITION NOS.8707/2013 & 9259-60/2013 (SC/ST) W.P.NO.51426/2012 BETWEEN SRI A. RAMAKRISHNA S/O.ANJANEYACHAR, AGED ABOUT34YEARS, # 31, OPP. SRI RAMA TEMPLE, BANGALORE-BELLARY ROAD, BYATARAYANAPURA BANGALORE 92. ... PETITIONER (BY SRI JAYAKUMAR S. PATIL, SR.COUNSEL AND SRI. S.MAHESH, ADVOCATE) AND1 THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT -560 001. THE ASSISTANT COMMISSIONER NORTH SUB DIVISION BANGALORE 560001.2.3. SMT. NARASAMMA W/O.LATE KRISHNAPPA, MAJOR, 4. SRI JAYAPPA S/O.LATE KRISHNAPPA, MAJOR, - 2 - 5. SRI RAMACHANDRAPPA S/O.LATE KRISHNAPPA, MAJOR, RESPONDENTS3TO5ARE RESIDING AT MUDDANAHALLI VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT- 560074 6. SRI V. MUNIYAPPA S/O LATE VENKATAPPA, MAJOR, SOLLEPURA VILALGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE 560062. ... RESPONDENTS (BY SRI ...

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Apr 28 2016

Prof H Maheshappa Vs. The Hon'ble Governor of Karnataka

Court: Karnataka

Decided on: Apr-28-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF APRIL2016BEFORE THE HONBLE MR.JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION No.14965/2016 (S-RES) BETWEEN : PROF. H. MAHESHAPPA S/O H. GONIBASAPPA, AGED ABOUT56YEARS, VICE-CHANCELLOR, VISVESVARAYA TECHNOLOGICAL UNIVERSITY, (UNDER SUSPENSION) JNANA SANGAMA, BELAGAVI 590018, PERMANENT RESIDENT OF NO9 PUTTENAHALLI, J.P. NAGAR, 7TH PHASE, BENGALURU 560078. ... PETITIONER R (BY SRI P. S. RAJAGOPAL, SR. COUNSEL FOR SRI S. R. DODAWAD, ADV.) AND:1. THE HONBLE GOVERNOR OF KARNATAKA CUM THE CHANCELLOR OF VISVESVARAYA TECHNOLOGICAL UNIVERSITY, RAJ BHAVAN, BENGALURU 560001, REP. BY ITS SECRETRY. VISVESVARAYA TECHNOLOGICAL UNIVERSITY JNANA SANGAMA, BELAGAVI 590018, REP. BY ITS REGISTRAR.2.3. 2 THE STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF HIGHER EDUCATION (UNIVERSITY) M. S. BUILDINGS, BENGALURU 560001. ... RESPONDENTS (BY SRI S. S. NAGANAND, SR. COUNSEL FOR SRI K. KRISHNA, ADV. FOR C/R1; SRI T. S. VENKATESH, ADV. FOR R2; ...

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Apr 27 2016

M/s. United India Insurance Co. Ltd., Raichur Vs. Shivaram and Others

Court: Karnataka Kalaburagi

Decided on: Apr-27-2016

S. Sujatha, J. 1. These three appeals are directed against the judgment and order passed by the Commissioner for Workmen's Compensation at Raichur in WCA No. 78 to 80/2003. Since these matters arise from the common judgment of the Commissioner for Workmen's Compensation (the 'Commissioner' for short), all these matters are clubbed, heard together and disposed of by this Common judgment. 2. Briefly stated the facts are:- The claimants preferred the claim petition seeking compensation contending that the first claimant was working as a driver, the second claimant as a cleaner and the third claimant as a labourer in a lorry bearing registration No.KA-35/0572 under respondent No. 2 herein. It is the case of the claimants that on 11.11.1999, as per the direction of the second respondent herein, they were proceeding in the said lorry and due to the mechanical defect, the said vehicle met with an accident and in the said accident, claimants suffered grievous injuries which caused permanent di...

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Apr 27 2016

Sagairaj Cruz and Others Vs. Bairavi Properties and Construction Pvt. ...

Court: Karnataka

Decided on: Apr-27-2016

(Prater: M.F.A. No.2929/2016 is filed under Section 37 1(a) of Arbitration and Conciliation Act, against the Order Dated 11.04.2016 passed on A.A. No.413/2015 on the file of the 44th Additional City Civil and Sessions Judge, at Bengaluru (CCH-45), extending the interim Order Granted on 06.04.2016 till 16.04.2016.) 1. These two appeals since are between the same parties and two interim orders passed by the 44th Additional City Civil and Sessions Judge at Bangalore, in A.A.No.413/2015 are under challenge, both are taken up together for consideration. However, for the present, relief urged in M.F.A.No.3043/2016 in which the interim order passed by the court below dated 16.4.2016 is under challenge. 2. We have heard at length from both sides. For adjudication of the present lis between the parties, the limited fact taken for consideration is, the appellants being the land owners filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 ('the Act' for brevity) seeking i...

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Apr 27 2016

M/S Rasna Private Limited Vs. The Commissioner of Commercial Taxes

Court: Karnataka

Decided on: Apr-27-2016

- 1 - R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE27H DAY OF APRIL, 2016 PRESENT THE HON'BLE MR. JUSTICE JAYANT PATEL AND THE HONBLE MRS. JUSTICE B.V.NAGARATHNA SALES TAX APPEAL NO.31/2012 BETWEEN: M/S. RASNA PRIVATE LIMITED, BANGALORE SALES DEPOT, #20/5, YELACHENAHALLY VILLAGE, POST OFFICE ROAD, J.P. NAGAR POST (KANAKAPURA ROAD CROSS) BANGALORE 560 078. REP. BY MR. RAMANLAL V. JAIN S/O VALCHAND TATED BRANCH MANAGER ADULT. (BY SRI: B.P. GANDHI, ADVOCATE) AND: ... APPELLANT THE COMMISSIONER OF COMMERCIAL TAXES, KARNATAKA , 1ST FLOOR, VANIJYA THERIGE KARYALAYA, GANDHINAGAR, BANGALORE. ... RESPONDENT (BY SRI: K.M. SHIVAYOGISWAMY, AGA.) ***** THIS STA IS FILED U/S661) OF THE KVAT ACT, AGAINST THE REVISION ORDER DATED:18. 02.2012 PASSED IN NO.KVAT/SMT/CR-7/10-11 ON THE FILE OF THE ADDL. COMMISSIONER OF COMMERCIAL TAXES, BANGALORE, - 2 - SETTING ASIDE THE ORDER NO.AR.CLR.CR-152/2006-07, DATED:28. 03.2007 OF THE ACAR AND ETC., THIS STA COMING ON FOR DICTATING JUDGMENT THIS DA...

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