Karnataka Court November 1982 Judgments
Peirce Leslie India Ltd. Vs. Collector of Central Excise and Customs
Court: Karnataka
Decided on: Nov-26-1982
Reported in: 1984(3)ECC360; 1983LC706D(Karnataka); 1992(61)ELT427(Kar); 1983(1)KarLJ543
ORDERP. Chandrakantaraj Urs, J.1. The petitioner, a public limited company is a licensed importer. The licence expired on 3rd February, 1981. On 24th March, 1981 that is, nearly two months after the expiry of the licence, it applied for renewal of the licence in accordance with the Custom House Agents Licensing Regulations of 1965 (hereinafter referred to as 'the Regulations'), to the first respondent-Collector of Central Excise and Customs in Karnataka, Bangalore. That application for renewal came to be rejected by an order made on 3rd March, 1982, but issued on 15th March, 1982. After setting out in detail the facts of the case, the first respondent-Collector, took the view that on the date of application there was no valid licence which could be renewed by him and therefore rejected the application. Aggrieved by the same, the petitioner-company preferred an appeal to the second respondent-Central Board of Excise and Customs, Government of India, New Delhi. The second respondent has ...
Tag this Judgment!Kamath Vs. Karnataka State Road Transport Corporation
Court: Karnataka
Decided on: Nov-26-1982
Reported in: ILR1988KAR839; 1981(2)KarLJ129; (1986)IILLJ18Kant
ORDER1. The petitioner, an Ex-Assistant Works Superintendent of the Karnataka State Road Transport Corporation (Corporation for short) has presented this Writ Petition praying for quashing the order made by the Deputy General Manager and Divisional Controller imposing the penalty of removal from service against the petitioner. 2. The facts of the case, in brief, are as follows : A departmental inquiry was instituted against the petitioner on 24th March 1971 alleging that certain irregularities has been committed by the petitioner which had resulted in the loss of tyres in Mercara Depot. The petitioner was also prosecuted before the Court of the Additional Munsiff and First Class Magistrate, Mercara. The subject matter of the charge against the petitioner in the said criminal case was the same as the one in respect of which the departmental inquiry was commenced against the petitioner. By the order dated 8th April, 1971 passed by the Magistrate (Annexure-B) the petitioner was acquitted ...
Tag this Judgment!Hajee Mohammed Ibrahim Vs. Gift-tax Officer (Spl.), Mysore Circle, Mys ...
Court: Karnataka
Decided on: Nov-24-1982
Reported in: (1983)36CTR(Kar)117; [1983]143ITR333(KAR); [1983]143ITR333(Karn); [1983]15TAXMAN163(Kar)
Chandrakantaraj Urs, J.1. These two writ petitions are directed against the two notices issued by the respondent, GTO (Special), Mysore Circle, Mysore, under s. 16 of the G.T. Act, 1958 (hereinafter referred to as 'the Act') By the said notices relating to the assessment years 1974-75 and '1975-76, the respondent, GTO had proposed to bring to tax under the Act certain gifts made by the assessee which had escaped assessment in the relevant assessment years. He has also called upon the petitioner to file the returns for those assessment years for the purpose of bringing to tax the escaped gifts. Aggrieved by the same, the petitioner has approached this court under art. 226 of the Constitution, inter alia, contending that the respondent, GTO, had no jurisdiction to reopen the assessment under s. 16(1) of the Act as none of the ingredients required for such reopening of the assessment is to be found in the case of the petitioner for the aforementioned assessment years. For expeditions disp...
Tag this Judgment!Sitarama Reddy and ors. Vs. Bellary Spinning and Weaving Co. Ltd.
Court: Karnataka
Decided on: Nov-23-1982
Reported in: [1985]57CompCas626(Kar)
Chandrakantaraj Urs, J. 1. This is a petition under s. 107 of the Companies Act, 1956. The five petitioners are holders of 9 1/2% redeemable cumulative preference shares in the respondent company. Respondent company is a company duly incorporated under the Companies Act, 1956 (hereinafter referred to as 'the Act'). Initially, the company had divided its capital into 1,00,000 equity shares of the value of Rs. 100 each. Subsequently, by an amendment to the memorandum, art. V(a) was introduced by which the equity share capital was reduced to 75,000 equity shares of the value of Rs. 100 each and 25,000 9 1/2% redeemable cumulative preference shares of Rs. 100 each were added. The petitioners are subscribers to the class of shares mentioned above as redeemable cumulative preference shares. It is alleged that on December 23, 1981, a general meeting of this class of shareholders was held at the registered office of the company in Bellary and a resolution was passed as follows : 'Resolved that...
Tag this Judgment!Nagaraj P. Vs. K.S.R.T.C. and anr.
Court: Karnataka
Decided on: Nov-18-1982
Reported in: ILR1982KAR352; 1983(1)KarLJ475; (1983)IILLJ229Kant
ORDER1. The petitioner, an employee in the service of the Karnataka State Road Transport Corporation (hereinafter referred to as the Corporation) has prayed for the issue of a writ in the nature of mandamus directing the respondents to grant him one year's extension of service with effect from 25th November, 1982. 2. The facts of the case, in brief are as follows : The petitioner is an employee of the Corporation. The relevant provision regarding the age of superannuation of the employees of the Corporation is Cl.VII of the Agreement. That Clause is produced as Annexure-C. It reads : '7. Retiring Age : The age of superannuation for Class III and IV employees, who as on 1st April, 1965 do not complete 55 years of age, shall be 55 years. However, this shall be extendable up 58 years subject to medical examination and certification of physical fitness by an authority to be stipulated by the management for each year of extension of service, and subject also to the restrictions if any under...
Tag this Judgment!E.M. Vishwanathan Chettiar Vs. Agricultural Income-tax Officer
Court: Karnataka
Decided on: Nov-17-1982
Reported in: (1983)35CTR(Kar)399; ILR1983KAR212; [1983]142ITR244(KAR); [1983]142ITR244(Karn)
Chandrakantaraj Urs, J. 1. This petition coming up for preliminary hearing after notice to the respondent is disposed of by the following order, after hearing the counsel for the petitioner and also the counsel appearing for the Agrl. ITO, Madikeri, Kodagu District. 2. The petitioner is aggrieved by the demand notice issued by the respondent demanding a sum of Rs. 23,480 as tax due and payable for the assessment year 1978-79, i.e., for the accounting period ending with March 31, 1978. The demand notice undisputedly was pursuant to rectification order passed by the respondent on February 24, 1981, under s. 37 of the Karnataka Agricultural Income-tax Act. The original assessment order for the assessment years 1975-76, 1976-77 and 1977-78 was made by the respondent on December 16, 1978. In this petition, the petitioner is affected by the rectification made in respect of the accounting period 1977-78. The petitioner had filed his return for the relevant year, i.e., 1977-78, showing the inc...
Tag this Judgment!Karnataka Light Metal Industries P. Ltd. Vs. Provisional Liquidator, K ...
Court: Karnataka
Decided on: Nov-12-1982
Reported in: [1985]58CompCas417(Kar); 1983(1)KarLJ28
Chandrakantaraj Urs, J.1. This is an application presumably under s. 446(2)(b) of the Companies Act, 1956 (hereinafter referred to as 'the Act'), made by the applicant, Karnataka Light Metal Industries P. Ltd., Bangalore (hereinafter referred to as the 'Light Metals'), seeking directions of this court to the official liquidator who has been appointed as provisional liquidator of M/s. Karnataka Steel and Wire products Ltd. to permit it to remove a Two-stand Tandem Flattening Mill together with its accessories and spare parts listed in annexure-1 to the application from the premises of the aforementioned Karnataka Steel and Wire Products Ltd. (hereinafter referred to as the 'Steel Wires') on Mysore Road near Kengeri Town, as the said Tandem Mill belongs to Light Metals and does not together with the accessories and spare parts form part of the assets of the Steel Wires which have been taken over by the provisional liquidator after his appointment as such. The respondents are the official...
Tag this Judgment!Mukand Iron and Steel Works Ltd. Vs. Karnataka Steel and Wire Products ...
Court: Karnataka
Decided on: Nov-12-1982
Reported in: [1984]56CompCas435(Kar)
Chandrakantharaj Urs, J.1. This is a petition under s. 433(e) and (f) and s. 434 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), made by M/s. Mukand Iron and Steel Works Ltd., Bombay, praying for an order of this court to wind up the respondent company, Karnataka Steel and Wire Products Ltd., having its registered office situated at Hari Nivas, 36, Cunningham Road, Bangalore - 560052. Respondents Nos. 2, 3, 4, 5 and 6 are the directors of the company. 2. It is alleged in the petition that the first respondent company (hereinafter referred to as 'the respondent company') was incorporated in or about March, 1970, under the Act as a public company limited by shares, having its registered office at Bangalore. Respondent No. 2 is described as chairman of the company. Respondent No. 3 is stated to be a director nominated by the Karnataka State Industrial Investment and Development Corporation Ltd. and respondent No. 4 is stated to be a director nominated by the Karnataka S...
Tag this Judgment!Goa Co-operative Marketing and Supply Federation Limited Vs. State of ...
Court: Karnataka
Decided on: Nov-12-1982
Reported in: 1983(1)KarLJ257; [1983]53STC405(Kar)
ORDERChandrakantaraj Urs, J.1. This writ petition is disposed of at the stage preliminary hearing after notice to the respondents and after hearing the counsel for parties, by the following order. 2. The petitioner is the Goa Co-operative Marketing and Supply Federation Limited. The society was registered under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the society), as an apex co-operative federation in the Union Territory of Goa. The prayers in the petition are : (a) for an order declaring that the petitioner-society was not liable to pay any sales tax in respect of cement handled by and delivered to the allottees under an agreement dated 14th September, 1978, between the petitioner and the Joint Controller of Cement, Government of India, New Delhi; (b) for an order restraining the respondents from recovering any amount from the petitioner-society by way of sales tax under section 5 of the Karnataka Sales Tax Act (hereinafter referred to as the Act);...
Tag this Judgment!Hariba Vs. K.S.R.T.C.
Court: Karnataka
Decided on: Nov-08-1982
Reported in: 1983(1)KarLJ261; (1983)IILLJ76Kant
ORDER1. This Writ Petition is by an Ex-Conductor of the Karnataka State Road Transport Corporation ('Corporation' for short). He has prayed for quashing the order made by the disciplinary authority and Deputy General Manager and Divisional Controller, Gulbarga Division, imposing the penalty of dismissal from service against him, which order is confirmed in appeal by the appellate authority. 2. This petition has come up for preliminary hearing after notice to the respondents. Sri H. G. Balakrishna, learned counsel for the Corporation, contends that though the Corporation is an authority falling within the definition of the word 'State' as defined under Art. 12 of the Constitution and therefore, certainly amenable to the writ jurisdiction of this Court under Art. 226, in a matter like this, this Court should not certain a petition in its extraordinary jurisdiction under Art. 226 of the Constitution as the petitioner-workman has an effective alternative remedy under S. 10 of the Industria...
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