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Karnataka Court August 2016 Judgments

Aug 18 2016

Smt Hemavathy Vs. The Director and Appellate Authority

Court: Karnataka

Decided on: Aug-18-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE18H DAY OF AUGUST2016BEFORE THE HONBLE MR. JUSTICE A S BOPANNA WRIT PETITION No.6383/2014 (GM-CC) ... PETITIONER BETWEEN: SMT. HEMAVATHY W/O NINGARAJU K, AGED ABOUT41YEARS, R/O NO.24/3, I MAIN ROAD, II CROS, NANJAPPA LAYOUT, VIDYARANYAPURA, BANGALORE-560 097. (BY SRI.M NAGAPRASANNA, ADV.) AND:1. THE DIRECTOR AND APPELLATE AUTHORITY SCHEDULED TRIBES WELFARE, KRISHI BHAVAN, II FLOOR, HUDSN CIRCLE, BANGALORE-01.2. THE DISTRICT CASTE VERIFICATION COMMITTEE, MANDYA DISTRICT, MANDYA, BY ITS SECRETARY DISTRICT SOCIAL WELFARE OFFICER, MANDYA-571 401.3. HINDUSTAN AERONAUTICS LIMITED BY ITS CEO NO.15/1, CUBBON ROAD, BANGALORE-01. (BY SRI. C JAGADISH, SPL.GA. FOR R1 & R2 SRI. ABHILASH RAJU V, ADV. FOR M/S. SUNDARSWAMY & RAMDAS FOR R3) ... RESPONDENTS2THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED ORDER AT ANN-A, PASSED BY THE R2, DT.11.11.09, AT ANN-B PASSED BY THE R1...

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Aug 17 2016

B. Premananda Pai Vs. The Chairman and Managing Director and Another

Court: Karnataka

Decided on: Aug-17-2016

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the records of the case, quash the order dtd. 3.12.2014, passed by the controlling authority under the payment of Gratuity Act, 1972. In Gratuity Application No. 48(76)2013-B3, vide Annex-F and order dtd. 24.5.2012 passed by the Controlling Authority under the payment of Gratuity Act, 1972, in Gratuity Application No.48(97)2011-B3, vide Annex-B as these orders are arbitrary, irrational, against the provisions of the payment of Gratuity ACT, 1972 and hence is unsustainable and direct the controlling authority to decide the gratuity application of the petitioner immediately without waiting for the result of the writ petition or in the alternative to decide by this Hon ble court the entitlement of the gratuity to the petitioner and etc.) 1. The petitioner, Mr. Pai, has challenged the legality of the order dated 03.12.2014, passed by the Controlling Authority under the Payment o...

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Aug 17 2016

Dinakar and Another Vs. The Deputy Commissioner, Bangalore District an ...

Court: Karnataka

Decided on: Aug-17-2016

(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order Annexure-A dated 23.12.2009 made in SC/ST(A) 15/2006-07 by the Deputy Commissioner, Bangalore District and the order Annexure-B dated 17.4.2006 made in K SC/ST PTCL 56/2004-05 passed by the Assistant Commissioner, bangalore north Sub Division, Bangalore.) 1. The respondent No.3 having approached respondent No.2 with an application under the provisions of Karnataka Scheduled Casts and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act') an order dated 17.04.2006 vide Annexure-B was passed. The sale transaction of 4 acres of land in Sy.No.50 of Kudaragere village, Jala Hobli, Bangalore North Taluk in favour of the petitioners was declared as null and void and the land which is in the possession of the petitioners was directed to be resumed and restored to respondent No.3. Assailing the said order, the petitioners filed an appeal un...

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Aug 17 2016

Manasa Electricals Co., Vs. State of Karnataka, Financial Secretary an ...

Court: Karnataka

Decided on: Aug-17-2016

(Prayer: These STAs are filed under Sec.66(1) of the Karnataka Value Added Tax Act, 2003 against the Order dated: 20.04.2016 passed in No.ZAC1/Bng/KVAT/SMR-85/2009-10 on the file of the Addl. Commissioner of Commercial Taxes, Zone-1, Bengaluru, ordered that it is brought to notice that time limit for rectification of any order passed under Sec.69(1) of the act is five years from the date of Order, in your case the SMR order under Section 64(1) has been passed on 24.03.2010 and period for rectification has expired on 23.03.2015 your application/letter for rectification of the SMR order dated: 24.03.2010 on this count itself cannot be entertained as such and hence rejected.) Jayant Patel, J. 1. As the appeals arise from the common order passed by the Additional Commissioner of Commercial Taxes (hereinafter referred to as Revisional Authority for the sake of convenience), they have been considered simultaneously. 2. The short facts of the case are that the appellant-assessee filed the ret...

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Aug 17 2016

Prof.P.G. Pandhrapurkar and Others Vs. The Union of India, through its ...

Court: Karnataka Kalaburagi

Decided on: Aug-17-2016

(Prayer: The writ petitions are filed under Art. 226/227 of the Constitution of India praying to declare that petitioners 1 to 3 are entitled to be paid as per the pay scales as recommended by the UGC with effect from 01.01.1986, etc.) 1. Both the learned counsel at the Bar submit that the controversy in the present case is covered by the decision of a co-ordinate Bench of this Court in WP 46899/2002 and connected matter decided on 10.11.2010 in which the co-ordinate Bench has held as under: 7. The Petition has been contested by respondent no.4, the Director of Collegiate Education, to contend that the lecturers working in Government First Grade Colleges, Private Aided Degree Colleges and Private aided Law colleges were drawing the State pay scale of Rs. 1900-3650 till 31.12.1985. The Government by its order dated 30.03.1990 had revised the pay of lecturers granting them UGC pay scales of Rs.2200-4000 with effect from 1.1.1986. The same were not extended to lectures working in the priv...

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Aug 17 2016

Andhra Pradesh Tourist Development Corporation, Hyderabad Vs. The Assi ...

Court: Karnataka Kalaburagi

Decided on: Aug-17-2016

(Prayer: The writ petitions are filed under Art. 226/227 of the Constitution of India praying to quash the orders of the 2nd respondent passed in appeal No.29/2007 c/w appeals No.3 to 28/2007 - Annexure-D in which the order of the 1st respondent in Annexure-C1 to C26 is merged.) 1. The Andhra Pradesh Tourist Development Corporation (APTDC, for short) has approached this Court by way of the present writ petition aggrieved by the orders passed by the respondent taxation authorities of the Transport Department of the State of Karnataka and for quashing of the order passed by the 2nd respondent Deputy Commissioner for Transports dismissing its appeal No.29/2007 vide order dated 15.10.2009 and the impugned assessment orders passed by the Assistant Commissioner and refusing to grant the exemption from payment of tax under the provisions of the Karnataka Motor Vehicles Taxation Act, 1957 despite exemption Notification dated 22.3.1994. 2. The petitioner APTDC claimed such exemption from paymen...

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Aug 17 2016

Shri b.premananda Pai Vs. The Chairman & Managing Director

Court: Karnataka

Decided on: Aug-17-2016

1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE17H DAY OF AUGUST, 2016 BEFORE THE HONBLE MR. JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION No.10904/2015 (L-PG) BETWEEN: SHRI B.PREMANANDA PAI AGED ABOUT62YEARS, S/O LATE B.VINAYAKA PAI, EARLIER WORKING AS SENIOR MANAGER, MIDDLE MANAGEMENT SCALE-III, STAFF CODE NO.1923, VIJAYA BANK, REGIONAL OFFICE HUBLI, PRESENTLY RESIDING AT: NO.45, GROUND FLOOR, 6TH MAIN, BHAIRAVESHWARNAGAR, NAGARBHAVI MAIN ROAD, BANGALORE-560072. (BY SRI:S VITTAL SHETTY, ADV.) AND:1. THE CHAIRMAN & MANAGING DIRECTOR VIJAYA BANK, HEAD OFFICE, 41/2, M.G.ROAD, BANGALORE-560001. ... PETITIONER2 THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, AND THE ASSISTANT LABOUR COMMISSIONER (C) "SHRAM SADAN", 3RD MAIN, 3RD CROSS, 2ND PHASE, TUMKUR ROAD, YESHWANTHPUR, BANGALORE-560022. ... RESPONDENTS (BY SRI:K DILIP KUMAR, CGSC FOR R2, SRI:P UDAYASHANKAR RAI, ADV FOR R1) 2 BY THE PASSED THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITU...

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Aug 17 2016

M/S Manasa Electricals Co. Vs. State of Karnataka

Court: Karnataka

Decided on: Aug-17-2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE17H DAY OF AUGUST2016PRESENT THE HONBLE MR.JUSTICE JAYANT PATEL AND THE HONBLE MR.JUSTICE S.N.SATYANARAYANA S.T.A.NOs.126/2016 & 127-137/2016 BETWEEN : M/S. MANASA ELECTRICALS CO., NO.21, VENKATESHWARA COMPLEX, A.M.LANE, BVK IYENGAR ROAD, BANGALORE-560053. ... APPELLANT (BY SRI MALLAHAR RAO.K, ADVOCATE FOR SRI S.PARTHASARATHI) AND :1. STATE OF KARNATAKA FINANCIAL SECRETARY2 COMMISSIONER OF COMMERCIAL TAXES VANIJYA TERIGE, BANGALORE. 2 3. ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES, ZONE-1, BANGALORE.4. OFFICE OF THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES, (AUDIT)-3.2, DVO-3, BANGALORE. ... RESPONDENTS (BY SRI T.K.VEDAMURTHY, AGA) THESE STAs ARE FILED UNDER SEC.66(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE ORDER DATED:20. 04.2016 PASSED IN NO.ZAC- 1/BNG/KVAT/SMR-85/2009-10 ON THE FILE OF THE ADDL. COMMISSIONER OF COMMERCIAL TAXES, ZONE-1, BENGALURU, ORDERED THAT IT IS BROUGHT TO NOTICE THAT TIME LIMIT FOR RECTI...

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Aug 17 2016

Andhra Pradesh Tourist Development Corporation Vs. The Assistant Regio ...

Court: Karnataka Kalaburagi

Decided on: Aug-17-2016

1 R IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE17h DAY OF AUGUST2016BEFORE THE HONBLE Dr JUSTICE VINEET KOTHARI Writ Petitions 83491/ 2009 & 80313-80338/2010 (T -MVT) Between Andhra Pradesh Tourist Development Corporation, (Andhra Pradesh State- Government Undertaking), Tourism House, 3-53891, Hymayathanagar, Hyderabad 500 029 Reptd. by its Managing Director (By Mr Amresh S Roja & S V Krishnaswamy, Advocates) Petitioner And 1.2. The Assistant Regional- Transport Officer Humnabad Check Post Humnabad, Bidar District. The Deputy Commissioner For Transports, Gulbarga Division, Gulbarga. (By Mr Syed Habeeb, AGA for R1 & R2) Respondents The writ petitions are filed under Art. 226/227 of the Constitution of India praying to quash the orders of the 2nd respondent passed in appeal No.29/2007 c/w appeals No.3 to 28/2007 - Annexure-D in which the order of the 1st respondent in Annexure-C1 to C26 is merged. Date of order:17. 8.2016 WP834912009 & 80313-80338/2010 A P Tourist Dev...

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Aug 16 2016

Abhishek @ Abhi and Another Vs. State of Karnataka by Kaggalipura Poli ...

Court: Karnataka

Decided on: Aug-16-2016

(Prayer: This Criminal Petition is filed under Section 439 of Cr.P.C. praying that this Hon'ble Court may be pleased to enlarge the petitioners on bail in Cr.No.196/2015 (C.C.No.6086/2015) of Kaggalipura P.S., Ramanagara Dist., for the offence P/U/S 114, 364, 302, 307 r/w. 149 of IPC.) 1. Petitioners in this petition filed under Section 439 of Cr.P.C. seek to enlarge them on bail in connection with Crime No.196/2015 registered by the respondent police for the offences punishable under Sections 114, 364, 302, 307 r/w 149 of IPC and pending in C.C.No.6086/2015 on the file of II Additional Chief Judicial Magistrate, Bengaluru Rural District. 2. Heard learned counsel for petitioners and learned HCGP for respondent. Perused the charge sheet and other papers produced along with the petition. 3. Sri Sandesh J.Chouta, learned counsel for Sri Y.H.Arun Kumar, appearing for the petitioners submits, petitioners are not named in the FIR and they came to be implicated to the case based on the statem...

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