Karnataka Court April 2017 Judgments
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Karnataka Neeravari Nigam Ltd., Vs. M/S Shetty Construction
Court: Karnataka Dharwad
Decided on: Apr-04-2017
1 R IN THE HIGH COURT OF KARNATAKA, DHARWAD DHARWAD BENCH DATED THIS THE4H DAY OF APRIL, 2017 BEFORE THE HONBLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NO.109841 OF2014(GM-CPC) BETWEEN:1. Karnataka Neeravari Nigam Ltd., 4th Floor, Coffee Board Building, Dr. Ambedkar Veedhi, Bangalore-560 001. Through Petitioner No.2, who is Authorized to represent Karnataka Neeravari Nigam Ltd.2. The Executive Engineer, Karnataka Neeravari Nigam Ltd., G.R.B.C. Division No.5, Lokapur, Camp: Koujalgi, District: Belgaum. (By Shri Ramesh N. Misale, Advocate) AND: M/s. Shettys Construction Co. Pvt. Ltd., Hubli, No.80, Ashok Nagar, Hubli, Now office shifted to Flat No.4C, PETITIONERS. 2 Shambhu Apartment, Adarsh Nagar, Hubli, Represented by its Director Sri. Prasanna S. Shetty. RESPONDENT (By Shri Ganapati N. Hegde, Advocate) ***** This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned order of the Principal Senior Civil Judge Court, Gokak, passed in...
Y.R. Raghu Vs. The State of Karnataka represented by its Principal Sec ...
Court: Karnataka
Decided on: Apr-03-2017
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the constitution of India praying to quash the endorsement dated 02.04.2011 (Annexure-H) issued by respondent No.2 and the order dated 27.09.2016 (Annexure-M) passed by the Karnataka State Administrative Tribunal in Application No.5019 of 2011 and to direct the respondents to appoint the petitioner under compassionate grounds by extending all consequential benefits arising thereto.) Oral: H.G. Ramesh, J. 1. The short question that arises for determination in this case is as to whether step son of a deceased Government servant is eligible for appointment under the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996? 2. The petitioner is the step son of the deceased Smt. Sujatha, who was a Government servant. The deceased Smt. Sujatha was married. The question is whether the petitioner can be considered as Dependent of the deceased Government servant as defined in Rule 2(1)(a)(ii) of the Karnat...
Kamakshi Devi Avaru Vs. The Wealth Tax Officer Ward-7(2), Bangalore
Court: Karnataka
Decided on: Apr-03-2017
(Prayer: These appeals are filed under Section 27-A of Wealth-Tax Act, 1957 praying to allow the appeals and set aside the order of the Income Tax Appellate Tribunal dated 20.01.2016 breading WTA Nos. 1 to 5 (BNG)/2013 for the assessment years 1978-80 to 1983-84.) H.G. Ramesh, J. (Oral) 1. These appeals are presented under Section 27-A of the Wealth-Tax Act, 1957 ( the Act for short). The sole contention urged by learned counsel for the appellant is that the assessment orders dated 31.03.2006 relating to the assessment years 1979-80 to 1983-84 are unsustainable in law as they were passed after expiry of the period of limitation provided under Section 17-A of the Act, and hence, they are liable to be set aside, and consequently, the orders of the first appellate authority dated 28.01.2013 and that of the Income Tax Appellate Tribunal dated 20.01.2016 are also liable to be set aside. 2. It is not in dispute that the aforesaid assessment orders were passed pursuant to the orders of this ...
Mubeen Sharieff Vs. Bangalore Development Authority represented by its ...
Court: Karnataka
Decided on: Apr-03-2017
(Prayer: This petition is filed under Articles 226 and 227 of the constitution of India, praying to issue a writ in the nature of Mandamus to the Respondent to consider his Application for Appointment on Compassionate grounds and issue appointment order in Accordance with Rule-6 of the Karnataka Civil Services (Appointment on compassionate grounds) Rules, 1996.) 1. Asking for a writ in the nature of mandamus against the respondent for consideration of an application submitted for grant of appointment on compassionate grounds to the petitioner, this writ petition was filed on 07.01.2011. 2. In brief, the facts of the case are that Sri Abdul Sattar Shariff, father of the petitioner, was working as Head Coolie and died in harness on 19.01.1998. Widow of the deceased made a representation on 09.02.1998 to provide appointment to the petitioner. The petitioner submitted representations on 12.10.1999, 23.01.2001, 17.05.2006, 09.02.2009, 18.01.2010 and 25.01.2010 to provide the appointment. ...
M/s. Aishwarya Infrastructures and Developers, Rep. by its Proprietor ...
Court: Karnataka
Decided on: Apr-03-2017
(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, with a Prayer to call for the records relating to issue of the Impugned Order Dtd:16.2.2017 [Annexure-P] of the R-1 and after perusal set aside the same and declare the petitioner's Tender Application as most responsive and to issue work order in respect of the Notification Dtd:25.2.2016 vide Annexure-C to execute the work relating "Comprehensive Development of ward roads including Drain, Footpath and asphalting in Ward No.35, 36 and 45 within a time frame specified by this Court. This Petition is filed under Articles 226 and 227 of the Constitution of India, with a prayer to call for the records relating to issue of the impugned proceedings of the meeting of the Tender Scrutiny Committee Dtd:11.11.2016 under the Chairmanship of the R2 (Annexures M and M1) relating to awarding of the works pursuant to the Tender Notification Dated 22.01.2016 and after perusal set aside the same and etc.) 1. The pet...
Sharnappa Vs. The State of Karnataka
Court: Karnataka Kalaburagi
Decided on: Apr-03-2017
(Prayer: This Criminal Appeal is filed under Section 374(2) of Cr.P.C praying to call for records in S.C.No.225/2008 for perusal and allow this appeal by setting aside the judgment and order of conviction and sentence dated 25.2.2011 and 1.3.2011 respectively passed by the II Addl. Sessions Judge, Gulbarga and consequently acquit the appellant of the charge leveled against him). 1. This appeal is preferred by the accused No.1/appellant assailing judgment of conviction dated 25.2.2011 passed by II Additional Sessions Judge, Gulbarga in SC No.225/2008 where under accused No.1 was convicted for the offences punishable under Sec.498-A and 306 of IPC and accused No.2 and 3 were acquitted of the charges leveled against them. 2. The case of the prosecution in brief as per the complaint are that, about 13 years back the younger sister of the complainant Smt. Devaki was given in marriage to the accused No.1-Sharanappa. Thereafter, they have begotten four children. It is further alleged that at ...
State of Karnataka, Represented by Kumarapattanam Police, Haveri Vs. B ...
Court: Karnataka Dharwad
Decided on: Apr-03-2017
(Prayer: This Criminal Appeal is filed U/S 378 (1) and (3) of CR.P.C. seeking to grant special leave to appeal against the judgment and order of acquittal dated 30.11.2013 passed by the II Addl. Sessions Judge, Haveri, sitting at Ranebennnur, in S.C.NO.47/2012, for the offences P/U/S 376 and 506 of IPC and be set aside the judgment and order of acquittal and consequently convict and sentence the respondent/accused for the aforesaid offences. B.S. Patil, J. 1. State of Karnataka represented by Kumarapattnam Police have filed this appeal challenging the judgment of acquittal dated 30.11.2013 passed by the learned II Additional Sessions Judge, Haveri, sitting at Ranebennur in S.C.No.47/2012. 2. Facts involved in the case are that on 20.02.2012, Kavya D/o Devendrappa Sarathi, aged about 15 years filed a complaint before Kumarapattanam police alleging that about 10 to 12 days ago i.e., on 08/02/2012, on a Wdenesday at about 3 p.m., she accompanied one Basappa Hariyappa Horakeri, the accused...
M/s. G.M. Sugars and Energy Pvt. Ltd., Represented by its Chairman G.M ...
Court: Karnataka
Decided on: Apr-03-2017
(Prayer: This Petition is filed under Articles 226 and 227 of the Constitution of India, with a Prayer to quash the Letter/Order Dtd.13.10.2015 issued by the R-1 vide Annex-L and Quash the Letter/Order Dt.03.11.2015 issued by the R2 Vide Annx-M.) 1. The petitioner is before this Court assailing the communications/orders dated 13.10.2015 and 03.11.2015 as at Annexures-L and M. By the said communications, respondent No.1 has ordered that the direction for payment of interest at 10% on the amount paid by the petitioners towards voluntary retirement of the employees of respondent No.3 is withdrawn and pursuant to the same the communication is addressed to inform the petitioner that the amount towards such interest shall not be deducted from the lease rentals payable by them. The petitioner therefore claims to be aggrieved. 2. The petitioner, an integrated sugar manufacturing company has taken on lease the sugar factory of respondent No.3, since respondent No.3 due to financial constraint w...
Smt. Kamakshi Devi Avaru Vs. The Wealth Tax Officer
Court: Karnataka
Decided on: Apr-03-2017
-1- W.T.A.Nos.4 &5-8/2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE3D DAY OF APRIL2017PRESENT THE HONBLE MR. JUSTICE H.G.RAMESH R AND THE HONBLE MR. JUSTICE JOHN MICHAEL CUNHA WEALTH TAX APPEAL NOS.4/2016 & 5-8/2016 BETWEEN : SMT. KAMAKSHI DEVI AVARU W/O SRI ATMANYA DEV AGED ABOUT61YEARS RESIDING AT NO.165 5TH MAIN, DEFENCE COLONY INDIRANAGAR BANGALORE 560 038 (BY SRI BALRAM R. RAO, ADVOCATE) AND : THE WEALTH TAX OFFICER WARD-7(2) BMTC BUILDING, 80 FT. ROAD KORAMANGALA BANGALORE 560 095 (BY SRI JEEVAN J.NEERALGI, STANDING COUNSEL) ...APPELLANT ...RESPONDENT THESE APPEALS ARE FILED UNDER SECTION27A OF WEALTH-TAX ACT, 1957 PRAYING TO ALLOW THE APPEALS AND SET ASIDE THE ORDER OF THE INCOME TAX APPELLATE TRIBUNAL DATED2001.2016 BEARING WTA NOS.1 TO5(BNG)/2013 FOR THE ASSESSMENT YEARS197980 TO198384.-.2- W.T.A.Nos.4 &5-8/2016 THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, H.G.RAMESH J., DELIVERED THE FOLLOWING: JUDGMENT H.G.RAMESH, J.(Oral):1. These appeals are presente...
Mubeen Sharieff Vs. Bangalore Development Authority
Court: Karnataka
Decided on: Apr-03-2017
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE3D DAY OF APRIL, 2017 B E F O R E THE HONBLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.919/2011 (S-RES) BETWEEN: MUBEEN SHARIEFF S/O.LATE ABDUL SATTAR SHARIFF AGED ABOUT40YEARS PRESENTLY RESIDING AT NO.858, KENCHAPPA GARDEN CHAMUNDI NAGAR, R.T. NAGAR POST BANGALORE 560 032. (BY SRI H.M. MURALIDHAR FOR M/s. SREE RANGA ASSOCIATES, ADVS.) AND: BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD, BANGALORE 560 020, REPRESENTED BY ITS COMMISSIONER. (BY SRI K.KRISHNA, ADV.) ... PETITIONER ... RESPONDENT2THIS PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT TO CONSIDER HIS APPLICATION FOR APPOINTMENT ON COMPASSIONATE GROUNDS AND ISSUE APPOINTMENT ORDER IN ACCORDANCE WITH RULE-6 OF THE KARNATAKA CIVIL SERVICES (APPOINTMENT ON COMPASSIONATE GROUNDS) RULES, 1996. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE...
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