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Oct 11 2018 (HC)

Sardar Veerangouda Patil Mahila Vidya Peeth Vs. Basantkumar S/O. Thimm ...

Court : Karnataka Dharwad

R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE11T H DAY OF OCTOBER, 2018 PRESENT THE HONBLE MR.JUSTICE B.VEERAPPA AND THE HONBLE MR.JUSTICE H.T. NARENDRA PRASAD WRIT APPEAL No.100192/2018 [GM-R/C]. BETWEEN: SARDAR VEERANGOUDA PATIL MAHILA VIDYA PEETH, VIDYA NAGAR, HUBLI, R/BY TRUSTEE AND AUTHORISED PERSON SRI PREMANAND VEERANAGOUDA PATIL, AGE:84 YEARS, OCC:INDUSTRIALIST, R/O. VIDYA NAGAR, HUBLI DHARWAD. (BY SRI. S.S. NAGANAND, SENIOR ADV. FOR SRI. SHRIKANT T PATIL, ADV.) AND: BASANTKUMAR S/O. THIMMANAGOUDA PATIL, AGE:64 YEARS, OCC:BUSINESS, C/O. BASANT RESIDENCY NO.3, 4TH MAIN, GANDHINAGAR, BENGALURU-560009. ... APPELLANT ... RESPONDENT (BY SRI. M.T. NANAYYA, SENIOR ADVOCATE FOR SRI. K L PATIL, ADV. FOR C/R) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY LEARNED SINGLE NO.85687/2013 IN WRIT PETITION JUDGE :2. : DATED:29.05.2018 AND DISMISS THE SAID WIRT PETITON, WITH COS...

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Jun 16 2017 (HC)

The Pr. Commissioner of Income Tax, Hubballi and Another Vs. The Totag ...

Court : Karnataka Dharwad

(Prayer: This Appeal is filed under Section 260a of the Income-Tax Act, 1961 praying to: I. Formulate the Substantial Questions of Law Stated Above. II. Allow the appeal and set aside the Orders Passed by the Income Tax Appellate Tribunal, Bangalore Bench 'C' in ITA No.706/Bang/2015 Dtd: 22.01.2016 and confirm the order passed by the Income Tax Officer, Ward-1 Sirsi, in the Interest of Justice and Equity.) Mr.Y.V.Raviraj, Adv. for Revenue. Mr. A Shankar, Mr.M. Lava and Mr.S. S. Hegde Advs. for assessee. 1. The aforesaid five Income Tax Appeals are filed by the Revenue while another set of five appeals have been filed by the assessee and all the ten appeals are being disposed of by this common judgment. 2. The substantial questions of law involved in the present appeals filed by the Revenue are as follows: (I) "Whether the assessee, Totagar Co-operative Sale Society, Sirsi, is entitled to 100% deduction under Section 80P(2)(d) of the Income Tax Act, 1961 (for short 'the Act') in respect...

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Jun 13 2017 (HC)

P. Manivannan, Ex. Commissioner, HDMC, Hubballi and Another Vs. Mohamm ...

Court : Karnataka Dharwad

(Prayer: This Criminal Petition is filed U/S 482 of Cr.P.C. seeking that the Impugned Order Dated 07/07/2015 dismissing the Criminal Revision Petition No.113/2012 passed by the V Additional District and Sessions Judge, sitting at Hubballi of offence U/S.138 of N.I. Act, be quashed and the Criminal Revision Petition No.113/2012 may be allowed.) 1. This petition is filed by the petitioners-accused under Section 482 of Cr.P.C. praying to set-aside the impugned order dated 07.07.2015 dismissing the Crl.Revision Petition No.113/2012 by the V Addl. District and Sessions Judge, Dharwad, sitting at Hubballi, in respect of the offence under Section 138 of Negotiable Instruments Act, and to allow the said Criminal Revision Petition No.113/2012. 2. Brief facts as pleaded by the petitioner in the petition are that respondent No.1 filed W.P.No.12112/2004 before this Court against the petitioner and others alleging that his lands have been encroached illegally; this Court disposed of the said writ p...

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Jun 02 2017 (HC)

Dr. Abdul Jaleel Khan and Others Vs. Rajendra

Court : Karnataka Dharwad

(Prayer: These Criminal Petitions are filed u/s 482 Cr.P.C. seeking to set aside the Order Dated 03.05.2010 passed by the Principal Civil Judge and Principal JMFC, Dharwad in C.C.No.250/2010 (P.C.No.49/2004) thereby directing registration of criminal case against the petitioners herein for the offences punishable under sections 420, 465, 466, 467, 468, and 471 r/w Section 120-B of IPC and further directing issuance of process to the petitioners consequently quash the entire proceedings. These petitions coming on for final hearing, having been heard and reserved for orders on 25.04.2017, this day the Court, made the following:) 1. These are the petitions filed by petitioners/accused under Section 482 of the Cr.P.C., praying the Court to set aside the order dated 03.05.2010 passed by the Principal Civil Judge and J.M.F.C., Dharwad in C.C.No.250/2010 (P.C.No.49/2004), which was registered for the offences punishable under Sections 420, 465, 466, 467, 468 and 471 r/w Section 120B of I.P.C....

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Apr 20 2017 (HC)

Srinivas Prabhakar Hooli Vs. The State of Karnataka

Court : Karnataka Dharwad

(Prayer: This Criminal Appeal is Filed U/S 374 (2) of Cr.P.C. Seeking to Set Aside The Judgment of Conviction Dated 31.12.2013 and order of Sentence Dated 04.01.2014 Passed By The P.O., Fast Track Court and Ii-Addl. Dist. and Sessions Judge, Dharwad, In S.C.No.46/2009 For The Offences P/U/S 302, 498-A and 201 of IPC. R.B. Budhial J. 1. This appeal is preferred by the appellant/accused being aggrieved by the judgment and order of conviction dated 31.12.2013 passed by the Fast Track Court at Dharwad in S.C.No.46/2009. By the said judgment and order, the trial Court convicted the appellant/accused for the offence punishable under Sections 498A, 302 and 201 of IPC and acquitted for the offence punishable under Sections 3 and 4 of Dowry Prohibition Act. 2. The brief facts of the prosecution case as per the complaint (Ex.P-1) are that appellant married Ashwini (deceased) on 20.12.2004 and at the time of marriage, appellant was paid Rs.30,000/- cash, 3 tholas of gold and utensils as varopacha...

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Apr 19 2017 (HC)

Abdulsab Nannesab Totad Alias Jekinkatti (Since Deceased) By His L.Rs ...

Court : Karnataka Dharwad

Sreenivas Harish Kumar, J. 1. The plaintiffs 1 and 2 are brothers being sons of Mallappa Suragond. First defendant is the son of Mahadevappa, who is another son of Mallappa Suragond. The second defendant is the purchaser of the suit property, which consists of agricultural land to an extent of 1 acre 15 guntas in R.S. No. 3/2 of Sheelavanth Somapur Village, Shiggaon Taluk. 2. The case of the plaintiffs is that the suit property was purchased by the first defendant's father Mahadevappa while he was acting as Manager of the joint Hindu family even during the lifetime of his father. Their father, Mallappa had eight sons and they were all living in a joint family till 30-1-1964, Mallappa having died somewhere in the year 1963. On 30-1-1964, there took place an oral partition according to which the suit property was allotted jointly to the plaintiffs, and thus, they became the absolute owners of the suit property. But, the first defendant instituted a suit O.S. No. 71 of 1971 in the Court o...

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Apr 11 2017 (HC)

Kavitha and Others Vs. The Managing Director, KSRTC, Bangalore

Court : Karnataka Dharwad

(Prayer: This MFA is filed under Section 173(1) of MV Act, against the Judgment and Award Dated 30.05.2011, passed in MVC No.443/2007 on the file of the Motor Vehicle Accident Claims Tribunal, IX Mudhol, partly allowing the Claim Petition for Compensation and seeking enhancement of Compensation. This Appeal is filed under Section 173(1) of MV Act, 1988, against the Judgment and Award Dated 30.05.2011 passed in MVC No.443/2007 on the file of Member, Mact-IX, Mudhol, awarding the Compensation of Rs. 7,47,000/- with interest at the rate of 6% P.A. from 30.04.2011 till Deposit.) Dr. H.B. Prabhakara Sastry, J. 1. These appeals are filed under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award passed by the Motor Vehicle Accident Claims Tribunal-IX, Mudhol, dated 30.05.2011 in MVC No.443/2007. 2. The appellant in MFA No.21942/2013 is the respondent-Corporation before the Motor Vehicle Accident Claims Tribunal (for short 'Tribunal') and has prayed for setting as...

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Apr 10 2017 (HC)

Lokikere Kenchappa Parakashkumar Vs. The State of Karnataka, Rep by Sp ...

Court : Karnataka Dharwad

(Prayer: This criminal petition is filed under Section 439 of Cr.P.C seeking to grant regular bail to the petitioner in Crime No.5/2017 of Anti Corruption Bureau Police Station registered for the offences punishable under Sections 7, 13(i)(d) read with Section 13(ii) of Prevention of Corruption Act.) 1. This petition is a filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on regular bail of the alleged offences punishable under Sections 7, 13(i)(d) read with Section 13(ii) of Prevention of Corruption Act, registered in respondent Police Station Crime No.5/2017. 2. The brief facts of the case as per complaint averments are that complainant deposited the required amount, and on 04.01.2003 the lease-cum-Sale Agreement was executed by the officer of KIADB. Application along with all the necessary documents, for execution of Sale Deed as per the agreement and handed over all the papers to the case worker (accused No.2) and on enquiry accused No.2 informed ...

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Apr 06 2017 (HC)

Ningappa the State of Karnataka, GARAG P.S. Represented by R/by SPP

Court : Karnataka Dharwad

(Prayer: This petition is filed under Section 439 of Cr.P.C. seeking to release him on bail, in Session Case No.6/2017 pending on the file of the Principal District and Sessions Judge, Dharwad arising out of Garag Police Station Crime No.180/2016 for the offences punishable under Sections 302 and 201 of IPC.) 1. This is a petition filed by petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the alleged offences punishable under Sections 302 and 201 of IPC registered in respondent-police Station Crime No.180/2016. 2. Brief facts of the prosecution case are that, on 25.09.2016 one Gangappa son of Fakkirappa Talvar has filed complaint before the Garag police, alleging many things. On 23.04.2016 he came to know that his daughter by name Manjula @ Savita W/o Ningappa Naikar, in her husband's house, on 22.04.2016 at about 9.00 p.m. she slept after having dinner. On 23.04.2016 around 2.00 am. it is reported that there is unnatural death of the deceased. Firstly UDR ...

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Apr 06 2017 (HC)

The Managing Director, The Karnataka State Coir Development Corporatio ...

Court : Karnataka Dharwad

(Prayer: This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to quash the Order Dated:06/06/2009 passed by the Additional Labour Court, Hubli in Reference No.44/1998.) Mr.Mallikarjunswamy B. Hiremath, Adv. for the petitioner-Coir Board. Mr.H.R. Gundappa, Adv. for the respondent-Workman. 1. This writ petition has been filed by the Karnataka State Coir Development Corporation (for short, 'the Coir Board'), against the workman Vittal S/o Rama Harikantra, aggrieved by the order and award dated 3.6.2009 passed by the learned Addl. Labour Court, Hubli, in Reference No.44/1998, which had set-aside the impugned termination order of the respondent workman dated 7.12.1993, but instead of directing for re-instatement, it has directed the payment of lumpsum compensation to the tune of Rs.50,000/- to the respondent workman. 2. The Employer-Coir Board aggrieved by the same has filed this writ petition. 3. Learned counsel, Sri. Mallikarjunswamy B. Hiremath, appeari...

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