Karnataka Court August 2016 Judgments
sri.fatheraj Singhvi, Vs. Union of India
Court: Karnataka
Decided on: Aug-26-2016
1.2. 1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE26H DAY OF AUGUST2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE B.SREENIVASE GOWDA WRIT APPEAL NOS.2663-2674/2015(T-IT) C/w WA NOS.2648-2649/2015 & WA NOS.432-434/2016(T-IT) WA NOS.2650-2651/2015 & WA NOS.537-539/2016(T-IT) & & WRIT APPEAL NOS.2652-2653/2015(T-IT) & WRIT APPEAL NO.34/2016(T-IT) IN WA NOS.2663-2666/2015(T-IT): BETWEEN: SRI. FATHERAJ SINGHVI AGED ABOUT61YEARS, SON OF LATE SRI.P.R. SINGHVI NO.416 & 232, SHANTHI #8,VISHRANTHI ENCLAVE KANAKAPURA ROAD, DODDAKALLASANDRA POST, BANGALORE-560 062 (SENIOR CITIZENSHIP NOT CLAIMED) SRI D DEVARAJ AGED ABOUT62YEARS, SON OF LATE SRI. DEVAPPA, NO.202, PARIJAT, 45/1, FAIRFIELD LAYOUT, RACE COURSE ROAD, BANGALORE-560 001 2 (SENIOR CITIZENSHIP NOT CLAIMED) SRI UNNI RAJAGOPAL AGED ABOUT61YEARS, SON OF SRI K P RAJAGOPAL NO.B-1503, GODREJ WOODSMAN ESTATE, AMCO BATTERIES COMPOUND, BELLARY ROAD, BANGALORE-560 024. (SENIOR CITIZENSHIP NOT CLAIMED) SRI S...
Tag this Judgment!Shashidhar and Others Vs. State of Karnataka, Bangalore
Court: Karnataka
Decided on: Aug-25-2016
(Prayer: This Criminal Petition is filed under Section 439 code of Criminal Procedure, 1973, praying to enlarge the petitioner on bail in Crime No.160/2016 of Yelahanka New Town Police Station, Bangalore City for the offence punishable under Sections 166, 109, 120B, 124A of IPC and Section 5 of the Essential Services Maintenance Act, 1981; Section 4 of Police (Incitement of Disaffection) Act 1966 and Section 4 of Police Forces (Restriction of Rights) Act, 1966.) 1. These petitions are heard and disposed of together as there are some common features in the same. 2. It is stated that one, Jayanand, Sub-Inspector, had lodged a complaint with the Yelehanka New Town Police Station, as on 2.6.2016, to the effect that the petitioner in Crl.P 5075/2016, who was an erstwhile police constable dismissed from service, and who had formed an association called 'Akhila Karnataka Police Mahasangha' , was said to be spearheading a movement to instigate the lower rung of the police force to act against ...
Tag this Judgment!M/s. Hema Engineering, Bengaluru Vs. The State of Karnataka, Bengaluru
Court: Karnataka
Decided on: Aug-24-2016
(Prayer: These petitions are filed under Sec 65 (1) of the Karnataka value added Tax Act, 2003 to revise the order of the Karnataka Appellate Tribunal Judgment and decree dated 30.12.2015 passed in STA No.2368/2014 (Ch-7) filed against the order of the Commercial Taxes Member and District Judge Member, partly allowing the appeal filed Under Sec.63(1) of the Karnataka value added Tax Act, 2003.) 1. The present petitions are directed against the order dated 30th December 2015 passed by the Tribunal whereby, the Tribunal, for the reasons recorded in the order has partly allowed the appeal by directing the matter to be considered in light of the observations made in the order of the Tribunal for the assessment of tax. 2. The petitioner-assessee has raised several questions of law. In our view, only substantial law which arises for consideration is: Whether the re-assessment was permissible under the head of Rectification of the order in purported exercise of the power under Section 69 of K...
Tag this Judgment!M/s. Eblitz INC Vs. Additional Commissioner of Service Tax and Another
Court: Karnataka
Decided on: Aug-24-2016
(Prayer: This writ appeal is filed U/s 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition 2578/2015 dated 05/03/2015.) 1. Admit 2. Mr. K.V. Aravind, learned Counsel appears for the respondents and waives notice of admission. 3. With the consent of learned Counsel appearing for both the sides, the appeal is finally heard. 4. The present appeal is directed against the order dated 05.03.2015 passed by the learned Single Judge of this Court whereby the learned Single Judge for the reasons recorded in the order has dismissed the petition. 5. The short facts of the case is that the appellant is an assessee proprietary firm engaged in the Event Management. As per the appellant, it is paying service tax and filing return. However, audit wing of the first respondent visited the premises and the record was collected from the appellant. Ultimately on 09.03.2011 a show cause notice came to be issued calling upon the appellant to show cause as to why the se...
Tag this Judgment!Alla Saheb Vs. The State of Karnataka, Bengaluru and Others
Court: Karnataka Kalaburagi
Decided on: Aug-24-2016
(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order of transfer vide ( Kannadam )dated 18.08.2016 passed by respondent No.1 in so far as posting the respondent No.5 in the place of petitioner.) 1. The petitioner-Alla Saheb S/o Hussain Saheb Doddamani, aged 57 years, presently working as Executive Engineer, District Urban Development Cell, Urban Development Administrative, Vijaypur, has filed this writ petition in this Court on 23.08.2016 with the following prayers: (1) Wherefore, it is most respectfully prayed that the Hon ble Court may be pleased to issue the Writ of Certiorari for quashing the order of Transfer vide ( Kannadam ) dated 18.08.2016 passed by respondent No.1 is so far as posting the respondent No.5 in the place of petitioner, in interest of justice which is at Annexure-A; (2) Order for any other reliefs as deems feet. 2. Mr. P. Vilaskumar Marthand Rao, learned counsel for the petitioner has vehemently submit...
Tag this Judgment!Alla Saheb S/O Hussain Saheb Doddamani Vs. The State of Karnataka and ...
Court: Karnataka Kalaburagi
Decided on: Aug-24-2016
1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH R DATED THIS THE24H DAY OF AUGUST2016BEFORE THE HONBLE Dr. JUSTICE VINEET KOTHARI WRIT PETITION No.204024/2016 (S-TR) Between: Alla Saheb S/o Hussain Saheb Doddamani Age:57. years, Occ: Executive Engineer District Urban Development Cell Urban Development Administration Vijayapur 586 101 (By Sri P. Vilaskumar Marthand Rao, Advocate) Petitioner And:1. 2.3. The State of Karnataka Through its Principal Secretary Department of Urban Development Vikas Soudha, Dr. B.R. Ambedkar Veedhi Bangaluru 01 The Director/Commissioner Municipal Administration 9th Floor, Vishveshwaraya Tower Dr. B.R. Ambedkar Veedhi Bangaluru 01 The Deputy Commissioner Vijayapur 586 101 Date of order:24. 08.2016 WP20402/2016 Alla Saheb Vs The State of Karnataka and others 2 4.5. The Project Director District Urban Development Cell Vijayapur 586 101 Sharanappa C. Oni Executive Engineer District Urban Development Cell Belgavi 577 450 (By Smt. Archana P. Tiwari, AGA fo...
Tag this Judgment!M/S Eblitz Inc Vs. Additional Commissioner of Service Tax
Court: Karnataka
Decided on: Aug-24-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE24H DAY OF AUGUST2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE S.N.SATYANARAYANA WRIT APPEAL NO.1147 OF2015(T-RES) BETWEEN: M/S. EBLITZ INC NO.37, 6TH CROSS, 7TH MAIN, FRIENDS COLONY, ST BED, KORMANGALA, BANGALORE-560 034 (REPRESENTED BY ITS PROPRIETOR MICHAEL GURUPRASAD AGED ABOUT58YEARS ) ... APPELLANT (BY SRI SANMATHI E I, ADVOCATE) AND:1. ADDITIONAL COMMISSIONER OF SERVICE TAX SERVICE TAX COMMISSIONERATE, BANGALORE-560 001 2.COMMISSIONER OF SERVICE TAX (APPEALS) TRAFFIC & TANSIT MANAGEMENT CENTRE, 2 BMTC BUILDING, 3RD FLOOR, ABOVE BMTC STAND, DOMLUR, BANGALORE-560 071 (BY SRI K V ARAVIND, ADVOCATE) ...RESPONDENTS THIS WRIT APPEAL IS FILED U/S4OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION25782015 DATED0503/2015. THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JAYANT PATEL J., DELIVERED THE FOLLOWING: JUDGMENT Admit.2. Mr.K.V.Aravind, learned C...
Tag this Judgment!M/S Hema Engineering Vs. The State of Karnataka
Court: Karnataka
Decided on: Aug-24-2016
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE24H DAY OF AUGUST2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE S.N.SATYANARAYANA SALES TAX REVISION PETITION NO.77/2016 & STRP NOS.90-100/2016 BETWEEN: M/S. HEMA ENGINEERING TIN:29720. 50271/LVO-090 No.55, NANJAPPA LAYOUT, J.C.INDUSTRIAL ESTATE BENGALURU - 560062 (BY K GOVINDA GOWDA, PROPR. 57 YEARS) ...PETITIONER (BY SRI.KESHAVA MURTHY T N, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY THE COMMISSIONER OF COMMERCIAL TAXES, GANDHINAGAR BENGALURU 560009 ...RESPONDENT (BY SRI.T.K.VEDAMURTHY, AGA) 2 THESE PETITIONS ARE FILED UNDER SEC.65(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 TO REVISE THE ORDER OF THE KARNATAKA APPELLATE TRIBUNAL JUDGMENT AND DECREE DATED; 30.12.2015 PASSED IN STA NO.2368/2014 (CH-7) FILED AGAINST THE ORDER OF THE COMMERCIAL TAXES MEMBER AND DISTRICT JUDGE MEMBER, PARTLY ALLOWING THE APPEAL FILED UNDER SEC.63(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003. THESE PETITIO...
Tag this Judgment!V.G. Hittalamani Vs. The State of Karnataka, Represented By Its Secret ...
Court: Karnataka
Decided on: Aug-23-2016
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the relevant records pertaining to the case on hand and be pleased to peruse the same and etc.) 1. Rule. 2. Mr. H.T.Narendra Prasad, learned AGA waives notice of Rule. 3. Mr. Balagangadhar, learned Counsel appears for respondent No.2 and waives notice of Rule. 4. With the consent of learned Advocates appearing for both the sides, the petition is finally heard. 5. The present petition is directed against the order dated 03.08.2016 passed by the Karnataka State Administrative Tribunal, (hereinafter referred to as the Tribunal for the sake of brevity) whereby the Tribunal for the reasons recorded in the order has dismissed the application and further has observed that the petitioner is permitted to make representation to the first respondent seeking posting and the first respondent is directed to consider the same and pass appropriate order within one month from the receipt of ...
Tag this Judgment!Surendra Nayak Vs. A.M. Mohammed Shafi
Court: Karnataka
Decided on: Aug-23-2016
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 27.06.2016 in R.R.P.2/2011 vide Annexure-A on the file of II Addl. District and Session Judge, D.K. Mangalore ad consequently allow the RRP 2/2011 as prayed for and etc.) 1. The petitioner, Mr. Surendra Nayak, has challenged the legality of the order dated 27.06.2011, passed by the III Additional District Judge, D.K., Mangalore, whereby the learned Judge has dismissed the petitioner s revision petition filed under Section 46(2) of the Karnataka Rent Act ( the Act , for short), wherein the petitioner had challenged the order dated 28.01.2011, passed by the Principal Civil Judge, Mangaluru, in HRC No.11/2009, whereby the learned Civil Judge had dismissed the petitioner s application under Section 43 of the Act. 2. Briefly the facts of the case are that the petitioner is a tenant in a suit property bearing Door No.14-3-240, admeasuring 120 Sq.Ft., situated...
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