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Karnataka Court June 2016 Judgments

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Jun 10 2016

M/S Akshay Eminence Developers Pvt Ltd Vs. Addl Commissioner of Commer ...

Court: Karnataka

Decided on: Jun-10-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF JUNE, 2016 PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE B.SREENIVASE GOWDA STA NO.46/2014 AND STA Nos.47-57/2014 C/W STRP Nos.239-250/2014 IN STA NO.46/2014 & STA Nos.47-57/2014 BETWEEN: M/S. AKSHAY EMINENCE DEVELOPERS PVT. LTD., NO.39/8, I & II FLOORS, 7TH MAIN, INDIRANAGAR II STAGE, BANGALORE-560 038. REPRESENTED BY ITS MANAGING DIRECTOR, MR. G. SATISHBABU, AGED ABOUT49YEARS, S/O. SRI. G. ASHWATHNARAYANA. ... APPELLANT (BY SRI. M. THIRUMALESH, ADVOCATE AND SRI. G. RABINATHAN, ADVOCATE) 2 AND:1. ADDL. COMMISSIONER OF COMMERCIAL TAXES, ZONE-1, VANIJYA THERIGE KARYALAYA, GANDHINAGAR, BANGALORE-560 009.2.3. JOINT COMMISSIONER OF COMMERCIAL TAXES (ADMN)-I, DVO1 TTMC, BMTC BUILDING, 5TH FLOOR, YESHWANTHPUR, BANGALORE-560 022. DEPUTY COMMISSIONER OF COMMERCIAL TAXES, AUDIT-1.3, DVO1 TTMC, BMTC BUILDING, 5TH FLOOR, YESHWANTHPUR, BANGALORE-560 022. ... RESPONDENTS (BY SRI. T. K. VEDAMURTHY, AGA) T...


Jun 10 2016

Smt Rachana Gopinath Vs. The State of Karnataka

Court: Karnataka

Decided on: Jun-10-2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF JUNE, 2016 BEFORE R THE HONBLE MRS JUSTICE S.SUJATHA Writ Petition Nos.18927-18928/2013 [L-RES]. SMT. RACHANA GOPINATH AGED ABOUT37YEARS EX. SECRETARY THE EMBASSY APARTMENT OWNERS ASSOCIATION NO.15, ALI ASKAR ROAD, BANGALORE 560 052 SRI. K. SRINIVAS AGED ABOUT50YEARS ACCOUNTS CONSULTANT THE EMBASSY APARTMENT OWNERS ASSOCIATION NO.15, ALI ASKAR ROAD, BANGALORE 560 052 BETWEEN:1. 2 [BY SRI. B.C. PRABHAKAR, ADVOCATE]. AND: THE STATE OF KARNATAKA REP. BY ITS SENIOR LABOUR INSPECTOR9H CIRCLE, DEPARTMENT OF LABOUR, BANGALORE 560 029 [BY SRI. SHIVAPRABHU S. HIREMATH, AGA]. PETITIONERS RESPONDENT2THESE WRIT PETITIONS ARE FILED UNDER ARTICLE227OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO THE FILING OF THE CRIMINAL COMPLAINT DT. 21.7.2012 FILED BY THE RESPONDENT BEFORE THE MMTC-3, BANGALORE IN C.C. NO.1961/2012 AND QUASH THE CRIMINAL COMPLAINT DT. 21.7.2012 FILED BY THE RESPONDENT BEFORE THE MMTC-3,...


Jun 10 2016

Virupakshappa S/O Fakirappa Vs. Sharanappa S/O Ningappa Angadi

Court: Karnataka Dharwad

Decided on: Jun-10-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE10T H DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.5181/2010 ... APPELLANT BETWEEN: VIRUPAKSHAPPA S/O FAKIRAPPA ADIYAVAR, AGE:58. YEARS, OCC: AGRICULTURE R/O HOSUR TQ: DIST: GADAG-584231 (BY SRI HANUMANTHAREDDY SAHUKAR, ADV.) AND:1. 2. SHARANAPPA S/O NINGAPPA ANGADI, AGE:55. YEARS, OCC: AGRICULTURE R/O GADAG-584231. SRI. MALLAPPA S/O NINGAPPA ANGADI AGE:53. YEARS, OCC: AGRICULTURE R/O GADAG, TQ : DIST: GADAG-584231 :2. :3. SRI. ULAVAPPA S/O NINGAPPA ANGADI AGE:51. YEARS, OCC: AGRICULTURE R/O GADAG, TQ : DIST: GADAG-584231 4. SRI FAKIRAPPA S/O TIPPANNA ANGADI SINCE DECEASED, BY LRS:4. . FAKIRAPPA @ MUTHAPPA S/O. LATE FAKKIRAPPA ANGADI, (DEAD) 4B. SRI. ISWARA S/O. LATE FAKKIRAPPA ANGADI, AGE:43. YEARS, OCC:AGRICULTURE, R/O. YARIBUDIHAL, TQ:KUNDGOL, DIST:DHARWAD. 4C. SMT. NEELAVVA W/O. SINAPPA BANKAKPUR AGE:40. YEARS, OCC:AGRICULTURE, R/O. SORATUR, TQ& DIST: GADAG. 4D. SMT. AN...


Jun 09 2016

Annappa Vs. Laxmi Devi Devar Temple and Nulichandayya Devasthan Commit ...

Court: Karnataka Dharwad

Decided on: Jun-09-2016

(Prayer: This RSA is filed U/Sec.100 of CPC., 1908, against the judgement and decree dtd:19-06-2010 passed in R.A.No.21/2007 on the file of the Presiding Officer, Fast Track Court, Jamkhandi, dismissing the appeal by confirming the judgment and decree dtd:26-02-2007 passed in O.S.No.13/1998 on the file of the Civil Judge (JR.DN) Banahatti, and etc.) 1. Appellant was the plaintiff and the respondents were the defendants in O.S.No.13/1988 on the file of the Civil Judge (Jr.Dn), Banahatti. The suit was filed to pass a decree of declaration of title and permanent injunction against the defendants in respect of the suit schedule property bearing Municipal No.2524 (Old No.2024), shown as 'ABCD' portion in the suit map and situated at Terdal village, Jamakhandi taluk, Bagalkot District. The case of the plaintiff is that his ancestors were owners of the suit land and that he is in possession and enjoyment of the same and the vendors of defendants 1 to 6 denied his right, title and interest and...


Jun 09 2016

Vivekchandrashekar and Others Vs. Bruhat Bangalore MahanagaraPalike (B ...

Court: Karnataka

Decided on: Jun-09-2016

(Prayer: These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct Respondents No.1 and 2 to exercise the powers vested in them under Section 321 of the Karnataka Municipal Corporations Act, 1976, to demolish the construction carried out by Respondent No.4 on the terrace portion of the schedule property to the extent which is constructed contrary to the sanctioned plan as per the confirmation order dated 9-10-2006 vide Annexure-D.) 1. The petitioners, seven in number, are pitched against respondent No.4, Mr. Mohammed HabeebullaShareiff, seeking a direction from this Court against the respondent-B.B.M.P. and its authorities to initiate action under Section 321 of the Karnataka Municipal Corporations Act, 1976, (for short, the Act ) for demolition of the construction raised by respondent No.4 allegedly without duly sanctioned plan. 2. Learned counsel for the petitioners brought to the notice of the Court the fact of respondent No.4, Mr. Moh...


Jun 09 2016

Subadhramma Vs. Mullangi Narayanamma

Court: Karnataka Dharwad

Decided on: Jun-09-2016

(Prayer: This RSA filed U/Sec. 100 of CPC against the judgment and decree dated 08.07.2013 passed in R.A. No. 79/2012 on the file of the I Addl. Senior Civil Judge at Bellary, dismissing the appeal by confirming the judgment and decree dated 18.09.2012 passed in O.S. No. 226/2011 on the file of the I Addl. Civil Judge Bellary, partly decreeing the suit filed for the declaration and consequential Relief of Permanent Injunction.) 1. The defendant No. 3 in O.S. 226/2011 on the file of the I Addl. Civil Judge, Bellary and the appellant in R.A. 79/2012 on the file of the I Addl. Senior Civil Judge, Bellary, filed this second appeal under S.100 CPC to set aside the Judgments and Decrees passed therein. The suit, which was contested, was decreed in part with costs and the plaintiffs were declared as the joint owners of the suit schedule property and were held entitled to get compensation from defendant No. 2. Assailing the decree passed by the Trial Court, an appeal under S.96 CPC was filed a...


Jun 09 2016

Yalagouda @ Neelagouda, By LRs. and Others Vs. Laxman Rama Pujari

Court: Karnataka Dharwad

Decided on: Jun-09-2016

(Prayer: This RSA is filed U/s. 100 of CPC., against the judgment and decree dtd:18-01-2010 passed in R.A.No.929/2009 on the file of the Fast Track Court I and Addl. Sessions Judge, Belgaum, allowing the appeal, filed against the judgment dtd:02-09-2003 and the decree passed in O.S.No.202/1999 on the file of the Addl. Civil Judge (JR. DN.), Raibag, dismissing the suit filed for permanent and mandatory injunction.) 1. This second appeal under S.100 CPC is by the defendants in O.S. No.202/1999 on the file of the Addl. Civil Judge (Jr. Dn.) Raibag and the respondents in R.A. No.929/2009 on the file of Fast Track Court - I and Addl. Sessions Judge, Belgaum. 2. Suit was instituted to pass decree of permanent and mandatory injunctions against the defendants. Written statement having been filed, the issues were raised. Trial having taken place, considering the rival contentions and after appreciation of the record, the suit was dismissed with compensatory cost by the Trial Court. 3. The unsuc...


Jun 09 2016

M/s. Bhatia Global Trading Ltd. Vs. Commissioner of Customs, Mangalore ...

Court: Karnataka

Decided on: Jun-09-2016

(Prayer: Writ Petition is filed under Art.226/227 of the Constitution praying to quash the detention notice dated 5.11.2015 Annexure H etc.) 1. The petitioner company has filed the present writ petition before this Court aggrieved by the impugned communication Annexure F dated 12.8.2015, a communication by the Superintendent (Adjn.) on behalf of the Commissioner of Customs, Mangalore conveying to the assess petitioner that the request of the petitioner assessee for considering the deposits made by it during the course of Investigation and Audit, towards the mandatory pre-deposit under the provisions of S.129 E of the Customs Act, 1962 for maintaining the appeal was examined and he was directed by the Commissioner to inform the assessee that his request is not acceded to. 2. Later on and consequently, another Assessing Authority viz., Assistant Commissioner (Recovery), also issued a detention notice under S.142 1(a) of the Customs Act on 5.11.2015 Annexure H on record, detaining and res...


Jun 09 2016

smt.subadhramma w/o.late Mullangi Doddalingappa Vs. Mullangi Narayanam ...

Court: Karnataka Dharwad

Decided on: Jun-09-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE9T H DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.5670/2013 BETWEEN SMT.SUBADHRAMMA W/O.LATE MULLANGI DODDALINGAPPA, AGE:68. YEARS, OCC: AGRICULTURIST, R/O. VENIVEERAPURA VILLAGE, TQ & DIST: BELALRY-583 102. (BY SRI.R.M.KULKARNI, & SMT. HEMALEKHA K.S., ADVS.) AND1 MULLANGI NARAYANAMMA W/O. LATE M.DODDABASAPPA, AGE:74. YEARS, OCC: AGRICULTURE, R/O.VENIVEERAPURA VILLAGE, TQ & DIST: BELLARY-583 102. ... APPELLANT :2. :2. MULLANGI SATYANARAYANA S/O.LATE M.DODDABASAPPA, AGE:47. YEARS, OCC: AGRICULTURE, R/O. VENIVEERAPURA VILLAGE, TQ & DIST: BELLARY-583 102.3.4. THE DEPUTY COMMISSIONER, BELLARY - 583 102. THE SPECIAL LAND ACQUISITION, OFFICER/A.C., KIADB LAKKAMMANNA HALI INDUSTRIAL AREA, P.B. ROAD, DHARWAD. PRESENTLY OFFICE AT BELLARY, A.C.OFFICE-583 102. (BY GODE NAGARAJ, ADV. FOR C/R1 & R2) ... RESPONDENTS THIS RSA FILED U/SEC. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED08...


Jun 09 2016

M/S Bhatia Global Trading Ltd Vs. Commissioner of Customs

Court: Karnataka

Decided on: Jun-09-2016

M/s Bhatia Global Trading Ltd. Vs Commr. Of Customs & Anr. 1/14 WP No.59395/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 9th day of June, 2016 Before THE HONBLE DR JUSTICE VINEET KOTHARI Writ Petition 59395 / 2015 (T) Between M/s Bhatia Global Trading Ltd Regd.Off: BCC House, 89/5 Manoramaganj, Navrathanbagh Main Road Indore 452 001 (MP) - by its Authorised Signatory Pankaj Jain 30 yrs, S/o Parasmalji Jain R/a 7/4, Vichoor Muthiah Mudali Street Choolai, Chennai 600 112 (TN) Now having coming to Bangalore (By Sri S Parthasarathi, Adv.) And 1 2 (By Sri C Shashikantha, Adv.) Assistant Commissioner (Recovery) New Customs House Panabur, Mangalore 10 Commissioner of Customs New Customs House Panambur, Mangalore 10 Petitioner Respondents M/s Bhatia Global Trading Ltd. Vs Commr. Of Customs & Anr. 2/14 WP No.59395/2015 Writ Petition is filed under Art.226/227 of the Constitution praying to quash the detention notice dated 5.11.2015 annexure H, etc. made the following: The ...


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