Karnataka Dharwad Court January 2012 Judgments
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Surendra Kumar Vs. Dinesh and Another
Court: Karnataka Dharwad
Decided on: Jan-30-2012
Sreedhar Rao, J. 1. The appellant/petitioner sustained fracture of right tibia in a Motor vehicle accident. The occurrence of accident, negligence of the driver of the offending vehicle and coverage of insurance is not in dispute. The petitioner has filed a claim petition for compensation and is in appeal seeking enhancement of compensation. 2. The petitioner was working as a Medical Sales Representative. The petitioner was paid a salary of Rs.2,500/- with additional benefit of Rs.1,100/- towards other incentives. Besides, he was paid Rs.3,000/- as TA and DA for promoting sales and his net salary should be considered as Rs.3,600/- and an amount of Rs.3,000/- paid would be necessarily spent for TA and DA and it does not accrue as of income to the petitioner. The nature of work of the petitioner involve extensive travels, which involves physical movements. The fracture involved would result in disability at 10%. The said disability would affect the efficiency. The income loss proportiona...
Surendra Kumar Vs. Dinesh and Another
Court: Karnataka Dharwad
Decided on: Jan-30-2012
Sreedhar Rao, J. 1. The appellant/petitioner sustained fracture of right tibia in a Motor vehicle accident. The occurrence of accident, negligence of the driver of the offending vehicle and coverage of insurance is not in dispute. The petitioner has filed a claim petition for compensation and is in appeal seeking enhancement of compensation. 2. The petitioner was working as a Medical Sales Representative. The petitioner was paid a salary of Rs.2,500/- with additional benefit of Rs.1,100/- towards other incentives. Besides, he was paid Rs.3,000/- as TA and DA for promoting sales and his net salary should be considered as Rs.3,600/- and an amount of Rs.3,000/- paid would be necessarily spent for TA and DA and it does not accrue as of income to the petitioner. The nature of work of the petitioner involve extensive travels, which involves physical movements. The fracture involved would result in disability at 10%. The said disability would affect the efficiency. The income loss proportiona...
Dyamagouda Paravatgouda Patil Deceased by His Lrs and Another Vs. the ...
Court: Karnataka Dharwad
Decided on: Jan-20-2012
K. Sreedhar Rao, J 1. The land of appellant is acquired for the purpose of road widening between Hubli-Dharwad, near Navanagar area. The extent of land acquired is 32 guntas. The Land Acquisition Officer awarded compensation at the rate of Rs.10,000/- per gunta. The Reference Court has awarded Rs.70.50 per sq.ft., after giving deduction to an extent of 53% towards development charges. The appellant has filed this appeal seeking enhancement of compensation. 2. The learned Government Advocate Sri.K.B. Adhyapak appearing for the respondents strenuously contend that the compensation awarded is sound and proper and it does not call for any enhancement. The deduction effected towards development charges is sound and proper. 3. The learned Counsel for the appellant on the other hand submitted that the land is acquired for the purpose widening of the road. The Highway Authority would become owner of the land to its every inch in the land unlike in housing layout, no part of the land is diverte...
Shantawwa Vs. the Managing Director Rep. by Its Divisional Controller ...
Court: Karnataka Dharwad
Decided on: Jan-16-2012
(Prayer: This Appeal is filed under section 173(1) of M.V. Act 1988 against the judgment and award dated 07.07.2007 passed in MVC No. 1869/2001 on the file of the principal civil judge (Sr.DN.), and additional MACT, Belgaum, dismissing the cliam petition for compensaiton and seeking enhancement of compensation.) 1. [A-1/2007 is allowed. Delay in filing the appeal is condoned. 2. One sadashiv Udadar died in a road traffic accident. The occurrence of the accident, negligence of the drive of the bus and coverage of insurance are not in dispute. The deceased left behind two wives, two children and a mother as legal representatives. The second wife of the deceased and mother had filed the petition seeking compensation. The first wife is the second respondent before the Tribunal. 3. The Tribunal has awarded compensation to first wife, children and mother and rejected the claim of second wife for share in the compensation. Therefore, the second wife is in appeal seeking share in the compensat...
Gouli Mahadevappa Vs. Income-tax Officer and Another
Court: Karnataka Dharwad
Decided on: Jan-06-2012
(Prayer: This ITA is filed under Section 260-A of the Income Tax Act, 1961, against the order dated 16.07.2010 passed in ITA No.586/Bang/2009 on the file Income Tax Appellate Tribunal, B Bench, Bangalore, dismissing the appeal filed by an assessee.) 1. The appellant-assessee sold a house plot in RMV II Stage, Bangalore, for Rs.20,00,000/- under registered sale deed dated 05.06.2004. The Assessing Authority found that the registration value of the property fixed under the Karnataka Stamp Act is Rs.36,00,000/-. The assessee, however, had reinvested Rs.24,00,000/- for construction of residential house at Gangavathi and sought exemption from the payment of capital gain tax under Section 54F of the Income Tax Act (for short the IT Act). 2. The Assessing Authority found that under Section 50C of the IT Act, the value of the property is Rs.36,00,000/-. The cost price of site paid by the assessee at Rs.1,93,506/- was deducted and the net income chargeable to tax under Capital Gains was assesse...
P. Gadeppa and Others Vs. the State of Karnataka Rep. by Its Secretary ...
Court: Karnataka Dharwad
Decided on: Jan-04-2012
Abdul Nazeer, J 1. The main question for consideration in these writ petitions is whether a Director of a primary Co-operative Society, who represents the said society in a Federal Society ceases to be a member of the Federal Society when he ceases to be the Director of the Co-operative Society which he represents? 2. Brief facts of the case are as under: P. Gadeppa, the petition in W.P.No.62612/2010 is a primary member of Bellary District Central Co-operative Wholesale Stores, Bellary. He was also the elected Director of the said society. He was in the committee of BDCC Bank as a delegate of BDCC Wholesale Stores. He was defeated in the election held to the committee of BDCC Wholesale Stores on 20.3.2010. T.M. Chandrashekariah, the petitioner in W.P.No.62613/2010 is a primary member of Kududarahalu Vyavasaya Seva Sahakara Sangha Niyamitha. He was elected as the Director of the said society. He had come to the TAPCMS Ltd., Siraguppa, as a representative of Kududarahalu VSSSN, Siraguppa...
Guru Rao and Another Vs. the State of Karnataka, by Its Secretary to D ...
Court: Karnataka Dharwad
Decided on: Jan-04-2012
Abdul Nazeer, J 1. The short question for consideration in these writ petitions is whether the Land Acquisition Officer, Koppal, the second respondent herein is justified in deducting 10% of the interest awarded under Sections 28 and 34 of the Land Acquisition Act, 1894 (for short `the Act) towards deduction of tax at source though the lands acquired were agricultural lands. 2. The petitioners were the owners of agricultural lands at Arekeri Village, Yelburga Taluk, Koppal District. The said lands were acquired by the State Government for Hirehalla Irrigation Project. The second respondent made an award under Section 11 of the Act determining the compensation. Not being satisfied with the quantum of compensation, the petitioners sought reference under Section 18 of the Act. The Reference Court enhanced the compensation. The petitioners filed appeal before this Court under Section 54 of the Act seeking further enhancement of the compensation. 3. It is an admitted fact this Court awarded...
P. Gadeppa and Others Vs. the State of Karnataka Rep by Its Secretary ...
Court: Karnataka Dharwad
Decided on: Jan-04-2012
Abdul Nazeer, J 1. The main question for consideration in these writ petitions is whether a Director of a primary Co-operative Society, who represents the said society in a Federal Society ceases to be a member of the Federal Society when he ceases to be the Director of the Co-operative Society which he represents? 2. Brief facts of the case are as under: P. Gadeppa, the petition in W.P.No.62612/2010 is a primary member of Bellary District Central Co-operative Wholesale Stores, Bellary. He was also the elected Director of the said society. He was in the committee of BDCC Bank as a delegate of BDCC Wholesale Stores. He was defeated in the election held to the committee of BDCC Wholesale Stores on 20.3.2010. T.M. Chandrashekariah, the petitioner in W.P.No.62613/2010 is a primary member of Kududarahalu Vyavasaya Seva Sahakara Sangha Niyamitha. He was elected as the Director of the said society. He had come to the TAPCMS Ltd., Siraguppa, as a representative of Kududarahalu VSSSN, Siraguppa...
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