Karnataka Court July 2016 Judgments
Chennamma and Others Vs. Sheenappa Gowda
Court: Karnataka
Decided on: Jul-29-2016
(Prayer: This MSA is filed under Order 43 Rule 1(u) of CPC, against the Judgment and Decree dated 28.04.2015 passed in R.A.Nos.28/2010 and 29/2010 on the file of the V Addl. District and Sessions Judge, D.K., Mangalore, sitting at Puttur, D.K., allowing the appeal and setting aside the Judgment and Decree dated 13.11.2009 passed in O.S.No.41/1998 on the file of the Addl. Civil Judge (Sr. Dn.) and JMFC., Puttur, D.K., remanding back the matter to the Trial Court to dispose of the suit afresh in accordance with law.) 1. The respondent plaintiff instituted O.S.No.41/1998 in the Court of Addl. Civil Judge (Sr. Dn.), Puttur, D.K. to pass decree of partition and separate possession of his share in the plaint B and C schedule properties and for award of mesne profits. Defendant No.4 filed written statement. Defendant Nos.1 to 3 filed memo and adopted the written statement filed by defendant No.4. Based on the pleadings 6 issues were raised. During trial, oral and documentary evidence was plac...
Tag this Judgment!Divisional Manager, National Insurance Co.Ltd., Bangalore Vs. K. Hanum ...
Court: Karnataka
Decided on: Jul-29-2016
(Prayer: This MFA filed U/s. 30(1) of WC Act, against the judgment dated 16.11.2007 passed in WCA/CR.No.63/2007 on the file of the labour officer and commissioner for workmen s compensation, Davangere, awarding a compensation of Rs.3,29,925/- with interest @ 12% P.A.) 1. This appeal is filed by the National Insurance Company under Section 30(1) of the Workmen s Compensation Act, 1923 (for short the Act ) challenging the order dated 16.11.2007 passed by the Commissioner for Workmen s Compensation, Davanagere, thereby awarding compensation in a sum of Rs.3,29,925/- to the dependents of the deceased. 2. Facts leading to this appeal stated in nutshell are; one Mahesh, son of the claimants died in an accident that occurred on 31.05.2006. His parents filed claim petition under Section 22 of the Act contending inter alia that deceased was working as Hamal under one K. Jayappa respondent No.3 herein in his tractor trailer bearing registration No.KA-17/T-3281/3282 for the last 2 years prior to ...
Tag this Judgment!Smt. Chennamma Vs. Sheenappa Gowda
Court: Karnataka
Decided on: Jul-29-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF JULY, 2016 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA MISCELLANEOUS SECOND APPEAL NO.74/2015 (RO) BETWEEN:1. SMT. CHENNAMMA D/O. LATE VEERAPPA GOWDA W/O. VENKAPPA GOWDA AGED ABOUT72YEARS R/O. CHELLARA MOLE HOUSE NIDPALLI VILLAGE THAMBUTHADKA POST PUTTUR TALUK D.K. DISTRICT - 574 201.2.3. SMT. YAMUNA D/O. LATE VEERAPPA GOWDA W/O. DUGGANNA GOWDA AGED ABOUT67YEARS R/O. KEDINJE HOUSE KUDUMARU VILLAGE & POST PUTTUR TALUK D.K. DISTRICT - 574 201. SMT. BALAKKE D/O. LATE VEERAPPA GOWDA W/O. KOOSAPPA GOWDA AGED ABOUT63YEARS R/O. BOODUJALU HOUSE PATRAME VILLAGE & POST BELTHANGADY TALUK24. D.K. DISTRICT - 574 214. YELLIANNA GOWDA S/O. LATE VEERAPPA GOWDA AGED ABOUT57YEARS R/O. KANDIGE HOSUE KUDUMARU VILLAGE & POST PUTTUR TALUK D.K. DISTRICT 574 201. (BY SRI G. BALAKRISHNA SHASTRY, ADV.) AND: SHEENAPPA GOWDA S/O. VEERAPPA GOWDA AGED ABOUT60YEARS R/AT KANDIGA HOUSE KUDUMARU VILLAGE & POST PUTTUR TALUK D.K. DISTRI...
Tag this Judgment!Divisional Manager National Insurance Co Ltd Vs. K Hanumanthappa
Court: Karnataka
Decided on: Jul-29-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE29H DAY OF JULY, 2016 BEFORE THE HONBLE MR.JUSTICE B.S.PATIL M.F.A.No.439/2008 BETWEEN DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, CHAMARAJPET, DAVANGERE, REP.BY REGIONAL MANAGER, NATIONAL INSURANCE CO.LTD., REGIONAL OFFICE, SUBHARAM COMPLEX,144, M.G.ROAD,BANGALORE-01. ... APPELLANT (By Sri.A.N.KRISHNA SWAMY, ADV.) AND1 K.HANUMANTHAPPA, S/O.HARIYAPPA, AGED ABOUT61YEARS, SMT.PUTTAMMA, W/O.K.HANUMANTHAPPA, AGED ABOUT54YEARS, R/O.BALLAPUR VILLAGE, HARIHAR TALUK, DAVANGERE DISTRICT. K.JAYAPPA, S/O.SIDDAPPA, AGE MAJOR, R/O.KENGALAHALLI VILLAGE, 2.3. 2 HONNALI TALUK, DAVANGERE DISTRICT. ... RESPONDENTS (By Sri.VISHWAJITH S.SHETTY, ADV. FOR R1; Sri C.SHIVAKUMAR, ADV. FOR R3; Sri K.G.SHANTHARAJA, ADV. FOR R2) THIS MFA FILED U/S. 30(1) OF WC ACT, AGAINST THE JUDGEMENT DATED1611.2007 PASSED IN WCA/CR.No.63/2007 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN'S COMPENSATION, DAVANGERE, AWARDING A C...
Tag this Judgment!Mariyappa and Others Vs. The Assistant Commissioner Land Acquisition O ...
Court: Karnataka
Decided on: Jul-28-2016
(Prayer: This CRP is filed under S.115 of CPC., against the order dated 14.07.2014 passed in Ex.P.No.16/2004 on the file of the Senior Civil Judge and JMFC., Doddaballapur, dismissing the execution petition as time Barred.) 1. The petition was filed to set aside an order dated 14.07.2014 passed in Ex.P.No.16/2004 by the Senior Civil Judge, Doddaballapur holding the case to be barred by time. 2. Facts of the case in brief are that the land of deceased petitioner was acquired under the provisions of the Land Acquisition Act, 1894. Possession of the acquired land having been taken and the Award passed by the Land Acquisition Officer having not been accepted, a reference made under S.18 was registered as LAC No.165/1984 on the file of Addl. Civil Judge, Bengaluru Rural District, Bengaluru. After holding enquiry, by a Judgment dated 05.02.1992, the Reference was allowed and enhanced compensation along with the statutory benefits was awarded. To enforce the Award, Ex.P.No.84/1992 was filed. ...
Tag this Judgment!Neelamma and Others Vs. Union of India, Represented by the General Man ...
Court: Karnataka
Decided on: Jul-28-2016
(Prayer: This MFA is filed under S.23 of the Railway Claims Tribunal Act, against the judgment and order dated 06.01.2009 passed in O.A.No.7/2007 on the file of the Railway Claims Tribunal, Bangalore Bench, dismissing the application for compensation.) 1. An application filed under S.16 of Railway Claims Tribunal Act against the respondent having been dismissed, the applicants being the wife, daughters and son respectively of deceased M. Manikappa, police constable, filed this appeal. 2. The first appellant is the wife, the 2nd and 3rd appellants are the daughters and the 4th appellant is the son of late M. Manikappa. On 25.12.1998, when M. Manikappa, GRP Constable No.188 was on duty, was injured by Train No.7663 - Kachiguda Express and succumbed. Alleging negligence on the part of the driver of the train, O.A. No.7/2007 was filed before the Railway Claims Tribunal, Bangalore Bench to direct the payment of compensation by the Railway Administration. 3. The respondent filed reply under ...
Tag this Judgment!The Commissioner of Income-Tax and Others Vs. M/s. Vodafone South Ltd.
Court: Karnataka
Decided on: Jul-28-2016
(Prayer: ITA No.699/2015 is filed under Section 260A of the Income Tax Act, 1961 arising out of order dated:31/07/2015 passed in ITA No.601/Bang/2013, for the assessment year 2009-2010. Jayant Patel, J. 1. In all these appeals, common questions arise for consideration. Hence, they are being considered simultaneously. 2. All the appeals are preferred by appellants Revenue by raising the following substantial questions of law: 1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessee could not have been deemed as one in default for non-deduction of tax at source on roaming charges paid by it to other service providers when the Assessing Authority has rightly held as assessee in default due to no deduction of TDS as required under Section 194H and 194J of the Income Tax Act, 1961 (for short, the Act )? 2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the data link char...
Tag this Judgment!K.V. Reddappa Vs. State of Karnataka, Rep. by its Principal Secretary, ...
Court: Karnataka
Decided on: Jul-28-2016
(Prayer: These Writ Appeals are filed under Section 4 of the High Court Act, praying to set aside the order passed in Writ Petition Nos.11886-11887/2013 dated 12.6.2013. 1. These are appeals against the judgment and order dated June 12, 2013, allowing the writ petitions with costs. 2. The appellant was appointed as a dealer of a ration shop. There were certain allegations against, him which resulted into an enquiry. The enquiry revealed some lapses on the part of the appellant. The Deputy Commissioner of the district concerned cancelled the license of the appellant. The appellant was aggrieved and preferred a departmental appeal before the Commissioner, Department of Food and Civil Supplies. The Commissioner affirmed the order of the Deputy Commissioner and dismissed the appeal. 3. A revisional application was filed before the government. The revisional application was pending. There was some delay in disposal of the revisional application. 4. The writ petitioner was advised to approac...
Tag this Judgment!The Commissioner of Income-Tax Vs. M/S Vodafone South Ltd
Court: Karnataka
Decided on: Jul-28-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF JULY2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE S.N.SATYANARAYANA I.T.A.NO.699/2015 C/W I.T.A.NOs.700/2015, 701/2015, 702/2015, 703/2015, 704/2015, 705/2015, 706/2015 I.T.A.NO.699/2015 BETWEEN :1. ... APPELLANTS THE COMMISSIONER OF INCOME-TAX, TDS, NO.59, HMT BHAVAN, 4TH FLOOR, BELLARY ROAD, GANGANAGAR, BANGALORE-560 032. THE DEPUTY COMMISSIONER OF INCOME-TAX (TDS) CIRCLE-18(2), NO.59, HMT BHAVAN, 4TH FLOOR, BELLARY ROAD, GANGANAGAR, BANGALORE-560 032.2. (BY SRI K.V.ARAVIND, ADVOCATE) 2 AND : M/S. VODAFONE SOUTH LTD., MARUTI INFOTECH CENTRE, KORAMANGALA INTERMEDIATE RING ROAD, AMARJYOTI LAYOUT, BANGALORE-560 071. PAN: AABCB5842. ... RESPONDENT ITA NO.699/2015 IS FILED UNDER SECTION260 OF THE INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED:31/07/2015 PASSED IN ITA NO.601/BANG/2013, FOR THE ASSESSMENT YEAR20092010. I.T.A.NO.700/2015 BETWEEN :1. ... APPELLANTS (BY SRI K.V.ARAVIND, ADVOCATE...
Tag this Judgment!Sri Mariyappa Vs. The Assistant Commissioner
Court: Karnataka
Decided on: Jul-28-2016
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE28H DAY OF JULY, 2016 BEFORE THE HONBLE MR. JUSTICE A.N.VENUGOPALA GOWDA CIVIL REVISION PETITION NO.404/2014 BETWEEN:1. SRI MARIYAPPA SINCE DECEASED BY L.Rs. 1(a) SMT. SHIVAMMA W/O LATE MARIYAPPA AGED ABOUT60YEARS. 1(b) SRI R.M.MANJUNATH S/O LATE MARIYAPPA AGED ABOUT40YEARS. 1(c) SRI NAGARAJU R.M. S/O. LATE MARIYAPPA AGED ABOUT38YEARS. 1(d) SRI UMASHANKAR R.M. S/O LATE MARIYAPPA AGED ABOUT35YEARS. 1(e) SMT. MAMATHA R.M. D/O LATE MARIYAPPA AGED ABOUT31YEARS. 2 ALL ARE R/AT ROJIPURA4H WARD DODDABALLAPUR NAGAR - 561203 BANGALORE RURAL DISTRICT. ... PETITIONERS (BY SRI V.F. KUMBAR, ADV.) AND:1. THE ASSISTANT COMMISSIONER LAND ACQUISITION OFFICER DODDABALLAPUR SUB-DIVISION BANGALORE PRESENTLY SHIFTED THE OFFICE AND FUNCTIONING AT DODDABALLAPUR-561 203 BANGALORE RURAL DISTRICT.2. THE TOWN MUNICIPAL COUNCIL NOW THE CITY MUNICIPAL CORPORATION DODDABALLAPUR-561 203 BANGALORE RURAL DISTRICT. ... RESPONDENTS THIS CRP IS FILED UNDER S.11...
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