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Karnataka Court June 2016 Judgments

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Jun 22 2016

The Commissioner of Income Tax, Belgaum and Others Vs. Siddeshwar

Court: Karnataka Kalaburagi

Decided on: Jun-22-2016

(Prayer: This Income Tax Appeal is filed Under Section 260A of the Income Tax Act, praying to formulate the substantial question of law stated above. Allow the appeal and set aside the orders passed by the Income Tax Appellate Tribunal, B-Bench, Bangalore, in Income Tax Appeal No. 1558/Bang/2013, dated 18.07.2014 for the assessment year 2010-11 and confirm the order passed by the Joint Commissioner of Income Tax, Bijapur Range, Bijapur.) 1. These appeals are heard and disposed of together. 2. There is one substantial question of law which is common in all the appeals namely, Whether the interest paid to members of a Co-operative Bank above Rs. 10,000/- should be added to tax or not? The point is squarely covered by a Division Bench judgment of this Court in ITA No. 100116/2014 between the Commissioner of Income Tax and another vs. The Bagalkot District Central Co-operative Bank dated 16.12.2015 wherein, with reference to a circular of the Government of India bearing No. 19/2015 in F.No...


Jun 22 2016

smt.anasuya Vs. Nasiruddin

Court: Karnataka Dharwad

Decided on: Jun-22-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE22N D DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO10048/2016 BETWEEN:1. SMT.ANASUYA W/O SEETARAM BADIGER, AGE:73. YEARS, OCC: HOUSEHOLD WORK, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 2. NAMADEV S/O SEETARAM BADIGER, AGE:48. YEARS, OCC: BUSINESS, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 3. BASAVARAJ S/O SEETARAM BADIGER, AGE:41. YEARS, OCC: BUSINESS, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 4. NIJAGUNI S/O SEETARAM BADIGER, AGE:35. YEARS, OCC: BUSINESS, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 :2. :5. HANAMANT S/O SEETARAM BADIGER, AGE:33. YEARS, OCC: BUSINESS, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 6. MANJUNATH S/O SEETARAM BADIGER, AGE:38. YEARS, OCC: BUSINESS, R/O: MUNAVALLI, TQ: SAUNDATTI, DIST: BELAGAVI-591117 ... APPELLANTS (BY SRI S.G.KADADAKATTI, ADV.) AND: NASIRUDDIN S/O AMINUDDIN AMINNAIK, AGE:50. YEARS,...


Jun 22 2016

The Commissioner of Income Tax and Anr Vs. shri.siddeshwar

Court: Karnataka Kalaburagi

Decided on: Jun-22-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE22D DAY OF JUNE, 2016 PRESENT THE HONBLE MR.JUSTICE ANAND BYRAREDDY AND THE HONBLE MR.JUSTICE L. NARAYANA SWAMY INCOME TAX APPEAL No.200002/2015 C/W INCOME TAX APPEAL No.200004/2014 INCOME TAX APPEAL No.200005/2014 INCOME TAX APPEAL No.200006/2014 INCOME TAX APPEAL No.200007/2014 INCOME TAX APPEAL No.200008/2014 INCOME TAX APPEAL No.200002/2015: BETWEEN:1. 2. The Commissioner of Income Tax Dr. B R Ambedkar Road, Belgaum. Joint Commissioner of Income Tax Bijapur Range, Bijapur. (Shri Ameet Kumar Deshpande, & APPELLANTS2Shri Y.V. Raviraj, Advocates) AND: Shri Siddeshwar Co-Operative Bank Limited., S.S. Road, Bijapur 586 101 PAN: AAAAS4391P (Shri G. Venkatesh, Advocate for Shri A. Shankar, Advocate) RESPONDENT This Income Tax Appeal is filed Under Section 260A of the Income Tax Act, praying to formulate the substantial question of law stated above. Allow the appeal and set aside the orders passed by the Income Tax Appell...


Jun 22 2016

Mohan Appaji Chigare Vs. Sushila Shivaram Patil

Court: Karnataka Dharwad

Decided on: Jun-22-2016

:1. : IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE22n d DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA REGULAR SECOND APPEAL NO.100702/2014 BETWEEN:1. 2. 3. SRI. MOHAN APPAJI CHIGARE AGE:61. YEARS,OCC: BUSINESS, R/O: KORE GALLI, SHAHAPUR, BELGAUM, TAL & DIST: BELGAUM-590003 SMT. VIJAYA W/O ASHOK CHIGARE, AGE:48. YEARS, OCC: HOUSEHOLD, R/O: KORE GALLI, SHAHAPUR, BELGAUM, TAL & DIST:BELGAUM-590003 SRI. MANJUNATH S/O ASHOK CHIGARE, AGE:24. YEARS, OCC: SERVICE, R/O: KORE GALLI, SHAHAPUR, BELGAUM, TAL & DIST: BELGAUM-590003.4. MISS. SNEHA D/O ASHOK CHIGARE, AGE:22. YEARS, OCC: SERVICE, R/O: KORE GALLI, SHAHAPUR, BELGAUM, TAL & DIST: BELGAUM-590003 :2. :5. SRI. RAJU APPAJI CHIGARE, AGE:49. YEARS, OCC: BUSINESS, R/O: KORE GALLI, SHAHAPUR, BELGAUM, TAL & DIST: BELGAUM-590003 (BY SRI D.RAVIKUMAR GOKAKAKAR, ADV.) ... APPELLANTS AND:1. 2. 3.4.5. SMT. SUSHILA SHIVARAM PATIL, AGE:53. YEARS, OCC: HOUSEWIFE, R/O:4. H CROSS, VIDHYANAGAR, ANGOL, BELAGAVI. SRI. ARUN ...


Jun 22 2016

Sumangali Seva Trust Vs. State of Karnataka

Court: Karnataka

Decided on: Jun-22-2016

1/14 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 22nd day of June, 2016 Before THE HONBLE Dr.JUSTICE VINEET KOTHARI Writ Petition Nos.6778-782/ 2016 (LB-RES) Between 1.2. 3.4.5. SUMANGALI SEVA TRUST CHOLANAYAKANAHALLI R.T. NAGAR POST, BENGALURU-32. REP. BY ITS PRESIDENT SMT. S.G. SUSHEELAMMA. Dr. R. MANJULA W/O RAMESH AGED ABOUT45YEARS #1174, 3RD STAGE Dr. RAJKUMAR ROAD BENGALURU 560 021. Dr. HEMALATHA M W/O Dr. M.N. RAMESH AGED ABOUT32YEARS #173, 4TH MAIN, KAMAKSHIPALYA BENGALURU 560 079. Dr. LEELAVATHI S W/O K. PRAVEEN KUMAR AGED ABOUT47YEARS J-1502, BRIGADE GATEWAY APARTMENT #26/1, Dr. RAJKUMAR ROAD BENGALURU 560 055. Dr. SUJATHA SANGAMANATH HIREMATH D/O SRI. SANGAMANATH T. HIREMATH AGED ABOUT41YEARS #2419, 2ND FLOOR, 17TH MAIN Date of Order 22/06/2016 WP Nos.6778-82/2016 SUMANGALI SEVA TRUST & Ors Vs STATE OF KARNATAKA & Ors 2/14 PETITIONERS VIJAYANAGAR, BENGALURU-40. THE DIRECTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE, ANANDA RAO CIRCLE BENGALURU 560038. STA...


Jun 21 2016

Pandurang and Others Vs. The State through Police Sub Inspector, Afzal ...

Court: Karnataka Kalaburagi

Decided on: Jun-21-2016

(Prayer: This Criminal Revision Petition is filed under Section 397 of Code of Criminal Procedure, 1973, praying to allow this Revision Petition, call for the records in Special Case (SC/ST) No. 38/2013 and set aside the order dated 15.02.2016 passed in Special Case (SC/ST) No. 38/2013 by the Hon ble II Additional Sessions Judge at Kalaburagi, in so far these petitioners are concerned, and to pass any other appropriate orders, as this Hon ble Court deems fit.) 1. The petition coming on for admission, is heard at length and is disposed of by this order. 2. The present petition is preferred against an order passed under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C. , for brevity). The prosecution had filed the application under Section 319 Cr.P.C. with a prayer to summon Accused No. 1 Panduranga, Accused No. 2 Sunil, Accused No. 3 Samir, Accused No. 4 Subhash and Accused No.5 Sharanbassu, on the ground that the case was registered against six...


Jun 21 2016

G.K. Sanna Tippeswamy Vs. Triveni

Court: Karnataka Dharwad

Decided on: Jun-21-2016

(Prayer: This appeal is filed under Section 19(1) of the Family Courts Act 1984, against the Judgment and Decree dated 30.11.2015, passed in Matrimonial Case No. 7/2015 on the file of the Principal Judge, Family Court, at Ballary, dismissing the petition filed under Section 13(1) (ia) and 1(iii) of Hindu Marriage Act.) Rathnakala, J. 1. In this appeal, the appellant/husband is assailing the judgment of the Family Court dated 30.11.2015, whereby his divorce petition filed under Section 13(1)(ia) and Section 13(1)(iii) of the Hindu Marriage Act, (for short, the Act ), came to be dismissed. 2. Briefly stated, the appellant/husband filed a divorce petition with the facts that the parties were married on 05.05.2011 as per their custom. The respondent/wife joined him in the matrimonial home three months after the marriage; 1 months thereof, her abnormal behaviour was noticed, she used to walk out of the bed during night hours, spread her hairs, smile, hit her head on the wall and was found s...


Jun 21 2016

Anil Lobo Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Jun-21-2016

(Prayer: Writ Petitions are filed under Art.226/227 of the Constitution praying to quash the Note appended to the Notification dated 16.10.1995 Annexure A, etc.) 1. Both these petitions are disposed of by a common order. 2. The petitioner Mr Anil Lobo who contested the elections for the post of Councilor of the Moodabidri Municipal Council, Mangalore Taluk has assailed the validity of the notification dated 16.10.1995 particularly, the Note appended to the said notification which gives classification of Category A and Category B of Backward Classes for the purpose of reservation of seats and offices of Chair Persons in the City Corporations and Municipal Councils. 3. The petitioner being a Christian, belongs to Category B but since he is an income tax assessee, he, as per the said Note 2, could not claim any reservation on the basis of his caste in the said elections. The relevant Note under Category B of the said notification dated 16.10.1995 is quoted below for ready reference. No pe...


Jun 21 2016

K.R. Khaleel Ahmed and Others Vs. The State of Karnataka, rep. by its ...

Court: Karnataka

Decided on: Jun-21-2016

(Prayers: This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 09.07.2012 at Annex-N, issued by the R-2 and direct the respondents to reconsider the representation at Annex-L, given by the petitioners in the light of the final report of investigation submitted by the CID at Annex-J, vide covering letter dated 09.04.2012 at Annex-K and direct the respondents to take appropriate steps/actions with regard to the vitiated selection process of 1998, 1999 and 2004, Gazetted Group A and B Posts. This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ in the nature of mandamus take corrective action of the recruitments and appointments on the basis of the CID report pertaining to the selection for KAS [Probationers] for the year 1998, 1999 and 2004 as per earlier the recommendations of the K.K.Mishra Committee Report and the final report was submitted on 09.04.2012, vide ...


Jun 21 2016

sri.g.k. Sanna Tippeswamy S/O Kanki Chandrappa Vs. smt.triveni @ Geeth ...

Court: Karnataka Dharwad

Decided on: Jun-21-2016

MFA No.100202/2016 -:1. :- IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH R DATED THIS THE21T DAY OF JUNE, 2016 PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH AND THE HONBLE MRS. JUSTICE RATHNAKALA MFA NO.100202/2016 (FC) BETWEEN SRI. G.K. SANNA TIPPESWAMY S/O. KANKI CHANDRAPPA AGE:29. YEARS, OCC: AGRICULTURIST, R./O PATTANASERAGU, TAL & DIST: BALLARI. APPELLANT (BY SRI. GURUBASAVARAJA S.M., ADVOCATE) AND: SMT. TRIVENI @ GEETHA W/O G.K. SANNA TIPPESWAMY, D/O HOSAMANE KALINGAPPA, AGE:24. YEARS, OCC: HOUSEWIFE, R/O DASAPURA, SIRIGERI THANDA, SIRUGUPPA TALUK, BALLARI-DIST. RESPONDENT (BY SRI. T. BASAVANAGOUDA, ADVOCATE) MFA No.100202/2016 -:2. :- THIS APPEAL IS FILED UNDER SECTION191) OF THE FAMILY COURTS ACT1984 AGAINST THE JUDGMENT AND DECREE DATED3011.2015, PASSED IN MATRIMONIAL CASE NO.7/2015 ON THE FILE OF THE PRINCIPLA JUDGE, FAMILY COURT, AT BALLARY, DISMISSING THE PETITION FILED UNDER SECTION131) (ia) & 1(iii) OF HINDU MARRIAGE ACT. THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT...


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