Karnataka Court January 1970 Judgments

Kittanna Rai Vs. the State of Mysore

Court: Karnataka

Reported in: 1970CriLJ1190

ORDERM. Santhosh, J.1. The petitioner before this Court was the accused in Summary Trial Case No. 828 of 1967 in the Court of the Judicial First Class Magistrate, Puttur, South Kanara. The petitioner has been convicted of an offence under Section 3-A of the Southern States (Regulation of Export of Rice) Order, 1964, read with Section 7 (1) (a) (ii) of the Essential Commodities Act, and sentenced to pay a fine of Rs. 75, in default to undergo S. I. for three weeks. In this revision, he challenges the legality and correctness of the said conviction and sentence passed on him.2. The prosecution case is that on 8-10-67 at about 5,30 A.M., when P. W. 3. the Assistant Sub-Inspector of Food Mobile Squad was patrolling the border area, he found the accused in a locality called Kemmethadka, transporting about 30 Kgs. of boiled rice in a gunny bag. He asked the accused whether he had a permit to transport the rice to Kerala State. As the accused did not possess any permit to transport the rice, ...

Mysore Construction Co. (Prop. Mycon Construction Ltd. Represented by ...

Court: Karnataka

Reported in: ILR2009KAR2657; (2009)24VST250(Karn); 2009(3)KCCRSN123; 2009(6)AIRKarR141

D.V. Shylendra Kumar, J.1. Writ petitioners are all traders who have transactions in the nature of sale of goods. Petitioners are all registered dealers under the provisions of the Karnataka Value Added Tax Act, 2003 [for short 'the Act'], within the definition of a 'registered dealer' as it occurs in Sub-section 27 of Section 2 of the Act.2. While most of the writ petitioners are all registered dealers who have transactions in the nature of works contract, which is one of executing different types of works in favour of customers in terms of the agreement between the petitioners and their customers and at a price agreed upon, some are hoteliers and some are stone crushers.3. Significance of works contract under the Karnataka Value Added Tax Act, 2003 is that the value of the goods in execution of such works, which becomes properties of the clients for whom the dealers are executing the work contract, which is a transaction in the nature of sale in respect of goods, attracts liability f...

Vasantha Nanasaheb Pawar and ors. Vs. Piraji Pandu Patil (Since Deceas ...

Court: Karnataka

Reported in: ILR2006KAR2061; 2006(3)KarLJ172

ORDERMohan Shantanagoudar, J.1. This revision petition is filed by the landlords of Survey No. 322 situated at Nilaji village, of Belgaum Taluk, measuring 4 acres 16 guntas, challenging the order of granting occupancy rights in favour of 1st respondent herein by the Land Reforms Appellate Authority, Belgaum in RALR No. 81/87, dated 13,12.1989.2. The records disclose that the 1st respondent herein filed Form No. 7 for granting occupancy rights in his favour for the land hearing Survey No. 322, situated at Nilaji village of Belgaum Taluk, measuring 5 acres (actually measures 4 acres 16 guntas). The petitioners herein and respondent No. 4 viz., Anantha Nansaheb Pawar, being the legal representatives of deceased 'Changunabai, are the landlords of the said property. The Land Tribunal on considering the material on record, rejected Form No. 7 filed by 1st respondent herein by its order dated 4.12.1986. Against the said order, Ist respondent filed statutory appeal before the Land Reforms Appe...

(1) Netley b Estate (W. P. No. 5650 of 1998) (2) Bajie Collie Saravana ...

Court: Karnataka

Reported in: [1999]238ITR876(KAR); [1999]238ITR876(Karn)

V. K. SINGHAL J.-The provisions of section 26(4) and Explanation thereto of the Karnataka Agricultural Income-tax, 1957, have been assailed in all these writ petitions. Since the question involved is common, these petitions are disposed of by this, common order.The provisions of section 26(4) of the Act as they exist today were substituted by Act No. 18 of 1997 with effect from April 1, 1975, and are reproduced hereunder'(4) Where any business through which agricultural income is received by a company, firm or association of persons is discontinued or any such firm or association is dissolved in any year, any sum received after the discontinuance or dissolution shall be deemed to be income of the recipient and charged to tax accordingly in the year of receipt if such sum would have been included in the total income of the person who carried on the business had such sum been received before such discontinuance or dissolution.Explanation.-For the removal of doubts, it is hereby declared ...

Chamansab S/O Ibrahimsab Jambagi Vs. Parappa S/O Nurendappa Ujjanshett ...

Court: Karnataka

Reported in: 2008ACJ321; 2008(1)KarLJ233

Anand Byrareddy, J.1. Heard the counsel for the parties.2. The facts of the case are as follows:The appellant is the brother of one Mardanbi. On 28-10-1995, Mardanbi after drawing water from a public hand pump, was on her way home when she was hit by a tractor- trailer. She died as a result of the injuries suffered. Mardanbi was aged about 45 years at the time of her death, she was a widow without any children. She was living in the home of the appellant.The appellant claimed that on account of the death of his sister he suffered loss and hardship and claimed compensation under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for brevity), against the driver and the owner of the vehicle involved in the accident. The Motor Accidents Claims Tribunal rejected the claim of the appellant, though it was found that Mardanbi had died on account of the injuries suffered in the accident and which was attributable to negligence of the driver of the offending vehic...

Technology Development Board a Body Corporate Constituted Under the Te ...

Court: Karnataka

Reported in: 2007(4)KarLJ601

1. Appellant is a body corporate established under the Technology Development Board Act, 1995 for granting assistance in the form of equity capital or any other financial assistance to industrial concerns and other agencies attempting development and commercial applications of indigenous or adapting imported technology to wider domestic applications. Before the constitution of the appellant, the Venture Capital Fund (VCF) formed under the Research & Development Cess Act, 1986 (R & D Act) was part of the fund established by Industrial Development Bank of India (IDBI), than a statutory corporation established under the Industrial Developments Bank of India Act, 1964 (18 of 1964) (IDBI Act)(Since repealed) with the central government holding majority shares. The business and undertaking of IDBI has been transferred to, and vested In, IDBI Ltd.(a company registered and incorporated under the Companies Act, 1956(1 of 1956) and banking company within the meaning of Section 5(c) of the Bankin...

H.R. Gopalakrishnaiah (Since Deceased by His Legal Representatives H.G ...

Court: Karnataka

Reported in: ILR2008KAR456; 2008(3)KarLJ414; 2008(1)KCCR358; 2008(3)AIRKarR127

ORDERAnand Byrareddy, J.1. Heard the counsel for the petitioners and the counsel for the respondents.2. The facts are as follows:One Gopalakrishnaiah was the owner of the land in survey No. 65/1 measuring 22 guntas and the land in survey No. 65/2 measuring 26 guntas of Hassan village, Hassan Taluk, Hassan district. It is stated that he had mortgaged the said lands by way of an usufructuary mortgage under a registered deed in favour of one K.S. Subba Rao, the third respondent herein. It is contended that the deceased respondent No. 2 had filed Form No. 7 claiming occupancy rights in respect of the very lands and the Tribunal on an admission by K.S. Subba Rao, the mortgagee in possession, had granted occupancy rights, by order dated 21.1.1977, in favour of the deceased second respondent, who is now represented by his legal representatives. The said order was challenged by the petitioners in a writ petition before this Court in W.P. No. 3582/1977 and the same having been allowed, the orde...

Workmen of Syndicate Agriculture Foundation and Syndicate Bank by Synd ...

Court: Karnataka

Reported in: ILR2007KAR180; 2007(1)KarLJ100; (2007)IILLJ159Kant

H.N. Nagamohan Das, J.1. In this writ petition the petitioners have prayed for a writ in the nature of certiorari to quash the award dated 17.07.2001 in Ref. No. 70/1991 passed by the Central Government Industrial Tribunal cum Labour Court, Bangalore (for short 'the Tribunal') rejecting the claim of petitioners for reinstatement and regularisation in service.2. First respondent is a nationalised Bank having its branches all over the Country and abroad. The first respondent Bank has been a pioneer in the field of agriculture finance even prior to nationalisation of Banks. In the year 1964 the first respondent Bank established Agricultural Finance Division for promoting agricultural finance and allied activities. Second respondent is a society registered in the year 1966 under the then Mysore Societies Registration Act, 1960. The primary object of second respondent is to promote technical literacy among the farmers thereby helping the farmers in modernizing the agricultural practice so t...

Smt. B.C. Ammakka W/O Sri U.K. Ganapathy Formerly Working as Sda, (Now ...

Court: Karnataka

ORDERV.G. Sabhahit, J.This writ petition is filed under Articles 226 and 227 of the Constitution of India being aggrieved by the order dated 20/22.4.2006 passed by District Judge, Kodagu-Madikeri ordering compulsory retirement of the petitioner and also to set aside the order dated 9.4,2008 passed by the second respondent-Registrar General of this Court modifying the order into one of voluntary retirement passed by the third respondent and refusing to review the said order by rejecting the application for review on 9.4.2008 and to direct the second respondent to consider the application dated 24.3.2008 and to decide the appeal on merits by considering the facts and grounds urged in the appeal.2. It is averred in the petition that petitioner was appointed to Group-D post on 28.10.1980 in the establishment of third respondent. She was promoted to the cadre of SDA. She was working as SDA in the office of Civil Judge (Sr.Dn.) & JMFC., Virajpet and was entrusted with the work of Motor Vehic...

Shri Vishwanath S/O Narse Kalghatgi, (Since Deceased by His L.Rs. Shri ...

Court: Karnataka

ORDERK. Ramanna, J.1. This is a Writ Petition filed by the petitioners under Article 226 & 227 of the Constitution of India with a prayer to writ of certiorari by quashing the order dated 28.3.89 passed by the Land Tribunal, Belgaum, in Kangrali B.K./S.R.16 whereby the Tribunal confirming the occupancy rights in the joint names of respondents 3 to 5 in respect of the land bearing Sy. No. 100 and 64/2 measuring 1 A. 33 G. and 11 A.36G. respectively. The assailing the same he has come up with this Writ Petition.2. The case of the petitioners 1(a) to 1(d) are that they are the wife and children of late Vishwanath. Initially, the petitioners being the L.Rs. of deceased Vishwanath filed an appeal before the District Appellate Authority, Land Reforms, Belgaum, in R.AX.R. No. 16/1990 under Section 118(1)(a) of the K.L.R. (Amended Act) 1986 mainly on the grounds that the Tribunal failed to comply with the mandatory provisions of law and violation of principles of natural justice and equity in ...