Karnataka Court June 2016 Judgments
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m/s.sunvik Steels Pvt Ltd Vs. Union of India
Court: Karnataka
Decided on: Jun-14-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF JUNE2016R PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RAVI MALIMATH WRIT PETITION NO.41373 OF2010(GM-MM-S) BETWEEN M/S.SUNVIK STEELS PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT C-1304 PLATINUM CITY, HMT MAIN ROAD YESWANTHPUR, BANGALORE-560022 REP BY ITS MANAGING DIRECTOR MR.VIVEK KEJRIWAL ... PETITIONER (BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI L M CHIDANANDAYYA, ADVOCATE) AND1 UNION OF INDIA REPRESENTED BY THE SECRETARY GOVERNMENT OF INDIA MINISTRY OF COAL & MINES DEPARTMENT OF MINES SHASTRI BHAVAN NEW DELHI-110001 2. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY DEPARTMENT OF COMMERCE & INDUSTRIES GOVERNMENT OF KARNATAKA VIKAS SOUDHA, I FLOOR DR. AMBEDKAR VEEDHI BANGALORE-560001 2 3. DIRECTOR OF MINES & GEOLOGY DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, 5TH FLOOR RACE COURSE ROAD BANGALORE-560001 4. M/S. GOA M...
Asif Pasha, 36 Yrs Vs. The Commissioner
Court: Karnataka
Decided on: Jun-14-2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 14th day of June, 2016 Before THE HONBLE DR JUSTICE VINEET KOTHARI Writ Petitions 28461-462 c/w 43960 44030 / 2015 (LB-RES) WPs 28461-462/2015 Between 1.2. Asif Pasha, 36 Yrs S/o Munavar Pasha R/at. # 153, Mahadevapura Main Road, Shanthi Nagar Mysore 570 019 Gaffar, 35 Yrs S/o Late Ahmed Pasha R/at. # 714, Lake Main Road K N Pura, Udayagiri Mysore 570 019 .. Petitioners (By Sri. R S Ravi, Adv., for Sri. Chandan T J, Advs.) And The Commissioner Mysore City Corporation Mysore 570 001 (By Sri H C Shivaramu, Adv.) . Respondent WPs 28461-462 c/w 43960-44030/2015 Asif Pasha & Ors Vs Commr., MCC221 WPs 43960-44030/2015 Between Nasir Khan, 35 Yrs S/o Haifiz Khan R/at. No.EWS831Kalyanagiri, Sathagalli Mysore 570 019 Zakaulla Khan, 40 Yrs S/o Nazir Khan R/at. No.195, Ghousia Mazid Ghousia Nagar, Mysore-570019 Shabaz Pasha, 25 Yrs S/o Fayaz Shariff R/at. No.660, Beedi Colony Azeez Sait Nagar, Mysore-570019 Saifulla Khan, 39 Yrs S/o ...
M. Nagesh Suvarna Vs. Narayana
Court: Karnataka
Decided on: Jun-13-2016
(Prayer: This RSA is filed U/S. 100, R/W O.XLII Rule-1 of CPC against the Judgment and decree dated: 18.03.2013 passed in R.A. 78/2010 on the file of II-Additional Senior Civil Judge, Mangalore, D.K., dismissing the appeal and confirming the order dated: 07.06.2010 passed in Misc. No. 05/2008 on the file of II-Addl. Civil Judge, Mangalore, D.K.) 1. The unsuccessful defendant filed this Regular Second Appeal against the judgment and decree dated 18.03.2013 made in R.A. No. 78/2010 on the file of the II Addl. Senior Civil Judge, Mangalore, D.K., dismissing the appeal, confirming the order dated 07.06.2010 passed in Misc. Case No. 5/2008 on the file of II Addl. Civil Judge, Mangalore, D.K., dismissing the Misc. petition filed under Order IX Rule 13 read with Section 151 of C.P.C. 2. The respondent, who is the plaintiff before the trial Court, filed the O.S. No. 230/2006 against the appellant-defendant Daivasthana for a relief of declaration that the appellant-defendant has no right to tre...
Sri Manjunath G Vs. The State of Karnataka
Court: Karnataka
Decided on: Jun-13-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF JUNE, 2016 BEFORE THE HONBLE MR.JUSTICE ARAVIND KUMAR W.P.NOS.30969-980/2016 C/W W.P.No.30925/2016, W.P.No.31274/2016, W.P.No.31485/2016,W.P.No.29999/2016, W.P.No.31704/2016, W.P.No.29998/2016 & W.P.Nos.29448-51/2016 (APMC) W.P.Nos.30969-980/2016: BETWEEN:1. 2.3. SRI.MANJUNATH G S/O PATEL MUNNIYAPPA AGED ABOUT56YEARS PRESIDENT HARIHAR AGRICULTURAL PRODUCE MARKETING COMMITTEE, R/AT KUMARANNA HALLI GRAMA, HARIHAR TALUK DAVANGERE DISTRICT SRI.A.SIDDAVEERAPPA S/O AMARAVATHI SIDDABASAPPA AGED ABOUT53YEARS VICE PRESIDENT HARIHAR AGRICULTURAL PRODUCE MARKETING COMMITTEE, R/AT BELALLI GRAMA, HARIHAR TALUK DAVANGERE DISTRICT SRI.HANUMANTHGOUD S/O SOMAPPA2AGED ABOUT54YEARS MEMBER, HARIHAR AGRICULTURAL PRODUCE MARKETING COMMITTEE, R/AT SARADI GRAMA, HARIHAR TALUK DAVANGERE DISTRICT SRI.H.NAGARAJU S/O CHANNABASAPPA AGED ABOUT52YEARS MEMBER, HARIHAR AGRICULTURAL PRODUCE MARKETING COMMITTEE, R/AT AMARAVATHI GRAMA, HARIHAR TALUK...
sri.m.nagesh Suvarna Vs. sri.narayana
Court: Karnataka
Decided on: Jun-13-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE13H DAY OF JUNE2016BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA R.S.A.NO.1040 OF2013BETWEEN: SRI.M.NAGESH SUVARNA, S/O K.KORAGAPPA, AGED68YEARS, MANAGING TRUSTEE: SRI.KORADABBU DAIVASTHANA, ADU MAROLI VILLAGE, KULSHEKAR POST, MANGALORE, D.K.- 575 001. ... APPELLANT (BY SMT.JAYALAKSHMI.K.B, ADV. FOR SRI.SANATH KUMAR SHETTY.K, ADV.) AND: SRI.NARAYANA S/O AMMANNA AGED ABOUT80YEARS, R/AT ADU HOUSE, MAROLI VILLAGE, KULSHEKAR POST, MANGALORE, D.K.- 575 001. ... RESPONDENT (RESPONDENT SERVED) THIS RSA IS FILED U/S. 100, R/W O.XLII RULE-1 OF CPC AGAINST THE JUDGMENT & DECREE DATED:18.03.2013 PASSED IN R.A.78/2010 ON THE FILE OF II-ADDITIONAL SENIOR CIVIL JUDGE, 2 MANGALORE, D.K., DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED:07.06.2010 PASSED IN MISC. NO.05/2008 ON THE FILE OF II-ADDL. CIVIL JUDGE, MANGALORE, D.K. THE COURT DELIVERED THE FOLLOWING: THIS RSA COMING ON FOR ADMISSION THIS DAY, JUDGMENT The unsuccessful defendant f...
Virupakshappa Vs. Sharanappa and Others
Court: Karnataka Dharwad
Decided on: Jun-10-2016
(Prayer: This RSA is filed u/s.100 of CPC to set aside the judgment and decree dated 06.11.2009 passed in R.A. No.145/2002 by the Civil Judge (SR.DN.) and CJM, Gadag and set aside the judgment and decree dated 03.10.2002 passed in O.S. No.65/2000 by the III Addl. Civil Judge (JR. DN.), Gadag.) 1. The appellant filed O.S. No.65/2000 in the Court of III Addl. Civil Judge (Jr. Dn.) at Gadag to pass a decree of declaration and injunction by adverse possession against the respondents. The defendants filed written statement and contested the suit. The Trial Judge raised six issues. Plaintiff got examined himself as PW-1 and examined two witnesses as PWs 2 and 3 and marked 17 documents as Exs.P1 to P17. Defendant No.1 got himself examined as DW-1 and two witnesses were examined as DWs 2 and 3 and a document was marked as Ex.D1. The Trial Judge on appreciation of the evidence brought on record, answered issue No.1 i.e., the plaintiff having proved that the deceased Rudrappa executed agreement ...
M/S. Akshay Eminence Developers Pvt. Ltd. Vs. Addl. Commissioner of Co ...
Court: Karnataka
Decided on: Jun-10-2016
(Prayer: These StAs are Filed U/Sec.66(1) of Karnataka Value Added Tax Act, 2003, Against the ordeA dated 20.10.2010 passed In No.Zac-1/Dvo-1/Smr-73/09-10 on the File of The Addl. Commissioner of Commercial Taxes Zone-1. Bengaluru, Setting aside The order U/Sec.38(1) from September 2005 to March 2006 dated 30.03.2007. Revising the Order U/Sec.63-1(1) of Kvat Act 2003 for the Tax Periods from April 2005 to August 2005 tnd Accordingly Concluding the Revisional Proceedings.) 1. As all matters are inter-connected, they are being considered simultaneously. 2. The appellant/petitioner shall be addressed as the assessee, whereas the respondents authorities shall be addressed as Revenue for the sake of convenience. 3. The short case of the appellants appears to be that on 30th July, 2007, the impugned order was passed by the DCCT (Audit) for accepting the monthly return for the period from April, 2005 August, 2005 and the refund was allowed to the appellant as claimed in the returns. In the sa...
N.M. Narayana and Another Vs. The Management of M/s. Hikal Represented ...
Court: Karnataka
Decided on: Jun-10-2016
1. The workman as well as the employer are before this Court challenging the award passed by the II Additional Labour Court, Bengaluru dated 30.07.2012 in I.D. No.81/2009 whereby the Labour Court has set aside the order of termination of the workman by the Management. The employer is directed to re-instate the workman into service within 30 days from the date of publication of the award and give the benefit of the continuity of service. However, the back wages are denied. 2. Being aggrieved by this award passed by the Labour Court, the workman is before this Court contending that the Labour Court erred in not awarding the back wages. Though the Labour Court gave the finding that the quantum of punishment of termination awarded by the Management for unauthorized absence of 70 days is disproportionate, as it is satisfactorily explained by the workman i.e. for the reasons of his ill health which was beyond his control, the Labour Court ought to have awarded the back wages. 3. On the other...
Rachana Gopinath and Another Vs. The State of Karnataka, rep. by its S ...
Court: Karnataka
Decided on: Jun-10-2016
(Prayer: These Writ Petitions are filed under Article 227 of 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, Bangalore in C.C. No.1961/2012 [vide Annx-F] and etc.) 1. The petitioners have assailed the criminal complaint dated 21.07.2012 filed by the respondent before the MMTC-3, Bangalore, [ Magistrate , for short] in CC No.1961/2012 vide Annexure-F to the writ petition and the consequential criminal proceedings initiated by the Magistrate. 2. The first petitioner was the Ex-Secretary of The Embassy Apartment Owners Association, [ Association , for short], whereas the second petitioner is the Accounts Consultant of the Association. The Association has been entrusted with management and maintenance of common areas and facilities at the Embassy through the Co...
Kanyamma Vs. The State of Karnataka, Bangalore and Others
Court: Karnataka
Decided on: Jun-10-2016
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned endorsement dated 18.6.2015 issued by R4 Tahsildar at Annexure A and direct R4 to issue the saguvali chit to the petitioner in respect to land bearing Sy.59, measuring 0.20 guntas, situated at Kuduregere Village, Jala hobli, Bengalore North Additional Taluk, Bangalore.) 1. The petitioner s grievance is that the saguvali chit is not being issued despite the granting of the land to the petitioner. 2. Sri Vishwanath H.M., the learned counsel for the petitioner brings to my notice the official memorandum, dated 10.10.2005 (Annexure-C) granting the land to 10 persons. He submits that the petitioner s name is at Sl.No.10 in the said memorandum. He also brings to my notice that the saguvali chit is already issued to the grantee, namely, Chennamma in respect of the land situated at Survey No.59 of Kuduregere Village. 3. Sri T.L. Kiran Kumar, the learned Additional Governme...
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