Karnataka Court April 1983 Judgments
State Bank of India Vs. Hegde and Golay Ltd.
Court: Karnataka
Decided on: Apr-22-1983
Reported in: [1988]63CompCas581(Kar); ILR1987KAR2496
Chandrakantraj Urs, J.1. This petition under section 433(e) of the Companies Act, 1956 (hereinafter referred to as 'the Act'), by the State Bank of India, Bangalore (briefly 'the bank'), is for an order of this court winding up the respondent, Hegde and Golay Ltd. (hereinafter referred to as 'the company'). 2. The petition was admitted on April 14, 1980. Mr. A. G. Holla, learned advocate, took notice for the respondent in court. The petitioner's counsel was directed to furnish the copy of the petition and the petition was directed to be brought up for orders on April 15, 1980. However, the company also had made an application for appointment of a provisional liquidator and it was in respect of this, the matter was required to be brought up on April 15, 1980. It was again adjourned to April 18, 1980, and on that date the company application was disposed of by an order made by me by which certain directions were given and a commissioner was appointed to make a report after verification o...
Tag this Judgment!BaldwIn Girls' High School, Bangalore and etc. Vs. Corporation of the ...
Court: Karnataka
Decided on: Apr-22-1983
Reported in: AIR1984Kant162; 1984(2)KarLJ218
Rama Jois, J. 1. These three appeals arise out of a common order, in W. P. Nos. 157, 158 and 212 of 1972, in which the constitutional validity of S. 101 of the City of Bangalore Municipal Corporation Act, 1949 (the Act' for short), which took away the exemption from payment of property-tax in respect of buildings and lands exclusively used for educational Purposes by educational institution not receiving grant-in-aid from the Government, had been challenged, but was rejected by the learned single Judge.2. (i) The material facts, which are not in dispute, are as follow:- The appeal in W. A. No. 210/74 is by Baldwin Girls, High School, Bangalore; the appeal W. A. No. 211/74 is by Baldwin Boys' High School, Bangalore; and the appeal in W. A. No. 253 of 1974 is by Cluny Convent High School, Bangalore.(ii) The buildings owned by the management of the three high schools are exclusively used for educational purposes. The schools have been recognised by the Education Department of the State Go...
Tag this Judgment!Management of theatre Sanjaya Vs. the State and ors.
Court: Karnataka
Decided on: Apr-21-1983
Reported in: ILR1984KAR539; (1984)IILLJ400Kant
ORDERBopanna, J. 1. The question for consideration in this case is whether the state Government has got the power under S. 10(1)(c) of the Industrial Disputes Act, 1947 to make a reference after it had earlier refuse to make such a reference Admittedly the dispute was one under S. 2A of the Industrial Disputes Act, 1947 (14 of 1947). 2. The contention of the Petitioner is that in the light of the Ruling of this Court in Indian Telephones Industries Ltd. v. State of Karnataka and others, [1978-I L.L.J. 544], the State Government after refusing to make a reference at an earlier point of time is precluded from making a reference without hearing the parties to the dispute, since certain civil consequences flow from its earlier order refusing to make the reference. 3. Mr. Subba Rao, learned counsel appearing for the workman has maintained that the power of the State Government to make a reference under S. 10(1)(c) of the Industrial Disputes Act is now well settled by the decision of the Sup...
Tag this Judgment!Kotrappa Haldal and Etc. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Apr-21-1983
Reported in: AIR1984Kant34; 1983(2)KarLJ49
ORDER1. Since common questions of law and facts arise in these cases they were clubbed and heard together.2. The petitioner in W.P. No. 4813/1983 is the Chairman of the Agricultural produce Market Committee (APMC), Hagaribommanahalli Bellary District The petitioners 1and 2 in W. P. No, 5038/83 are respectively the Chairman and Director of the APMC, Kottur, Bellary District. The petitioner in W. P. No. 5367/83 is the Chairman of the A.P.M.C., Siruguppa; and the petitioner in W. P. No. 5754/83 is the Chairman of the A.P.M.C., Kumta, Bellary District.3. By the notifications impugned in these proceedings respondent 1, State of Karnataka, treating the earlier notifications issued by it extending the term of office of the members of the respective Market Committee as void, appointed respondent 2, the Tahsildar in each case as the Administrator to exercise the powers and duties of the A. P. M. C., concerned and this order is made under S. 130, Karnataka Agricultural Marketing (Regulation) Act...
Tag this Judgment!Union of India and anr. Vs. Suresh N. Shetty
Court: Karnataka
Decided on: Apr-18-1983
Reported in: [1990]68CompCas264(Kar)
ORDERVenkatachalaiah, J.1. This appeal by the Union of India and the Deputy Director, Enforcement Directorate, is directed against the order dated August 13, 1984, made in Appeal No. 187 of 1983 on the file of the Foreign Exchange Regulation Appellate Board, setting aside the order dated April 18, 1983, made by the Deputy Director, against the respondent, confiscating 2,200 U. S. Dollars seized from the respondent and imposing penalties aggregating to Rs. 2,500 for alleged contravention of the provisions of the Foreign Exchange Regulation Act, 1973. 2. There having been a delay of 77 days in filing this appeal, appellant has filled I.A.I. to have that delay execused. That application is hotly contested. 3. The last date for the lodgment of the appeal before this court was, it is no disputed, November 20, 1984. But the appeal was actually filed on January 22, 1985. 4. Two affidavits dated January 21, 1985, and August 7, 1985, respectively, are filed in support of I.A.I. What emerges the...
Tag this Judgment!Mysore Acetate and Chemical Co. Ltd. Vs. Assistant Collector, Central ...
Court: Karnataka
Decided on: Apr-12-1983
Reported in: 1989(22)LC209(Karnataka); 1984(17)ELT319(Kar)
ORDER1. M/s. The Mysore Acetate and Chemical Co. Ltd., a Public Limited Company incorporated under the Companies Act, which is the petitioner before this Court, is inter alia engaged in the business of manufacturing a Chemical called 'acetic anhydride' in its factory situated near Mandya City of District Mandya, which is used as a drug intermediate by the drug manufacturers of the country. 'Acetic anhydride' as a Chemical is eligible to excise duty under tariff Item No. 68 of the Central Excises and Salt Act, 1944 (Central Act 1 of 1944). 2. In exercise of the powers conferred on it by sub-rule (1) of rule 8 of the Central Excise Rules, 1944 (hereinafter referred to as the Rules) the Government of India in its Notification No. 62/78-C.E., dated 1st March, 1978 (annexure B), has exempted all drugs, medicines, pharmaceuticals and drug intermediates not elsewhere specified from payment of excise duty under the Act. Ever since then, acetic anhydride manufactured by the petitioner and suppl...
Tag this Judgment!Ramachandrasa Jeevanasa Bakale Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Apr-12-1983
Reported in: 1984(2)ECC296; 1985LC199(Karnataka)
ORDERM.N. Venkatachaliah, J.1. In this petition under Article 226 of the Constitution for issue of a writ of habeas corpus, the petitioner has challenged the order No. HD 81 SCF/82 dated 7th February, 1983, made under Section 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (the 'Act' for short), by the detaining authority, viz., the State Government, for the detention of the petitioner's brother Janakusa Jeevanasa Bakale. Pursuant to the impugned order of detention, the detenu has been under detention in the Central Jail, Bangalore, from 17th February, 1983. The impugned order says that the detaining authority is satisfied that the detention of the said Janakusa Jeevanasa Bakale has become necessary 'with a view to preventing him from engaging in keeping smuggled goods'.2. It may be mentioned here that the detention was a sequel to certain proceedings of search and seizure conducted by the income-tax authorities at the residential prem...
Tag this Judgment!Lalithakshi Annadanagouda Vs. Sadashivappa Basappa Patil and anr.
Court: Karnataka
Decided on: Apr-12-1983
Reported in: AIR1984Kant74
ORDER1. This revision petition is by the defendant and is directed, against the judgment dated 6th Oct., 1982, passed by the Civil Judge, Bagalkot, in Misc. Appeal No. 15/82 on his file, allowing the appeal on setting aside the order passed by the Munsiff, Bagalkot on I.A.I. in O. S. No. 130/82 on his file, vacating the ex parte temporary injunction order granted in favour of the plaintiffs on 15-7-1982.2. The plaintiffs were the owners of the property T. P. No. 141. They sold the eastern portion measuring 30' x 50' to the defendant under a registered sale deed dated 10-4-1978. In the sale deed, the first item of the property sold is shown as the building portion measuring 30' X 36' and the second item is shown as open space measuring 30' x 14'. It is not in dispute that after the defendant . purchased the second item open space, she has put up construction over the same. There arose, however, dispute between the parties when the defendant constructed a septic tank measuring 10' 5' x 4...
Tag this Judgment!P.V. Athanimath Vs. Commissioner of Wealth-tax, Karnataka-i and anr.
Court: Karnataka
Decided on: Apr-11-1983
Reported in: (1984)39CTR(Kar)8; [1984]147ITR9(KAR); [1984]147ITR9(Karn); [1984]16TAXMAN379(Kar)
Puttaswamy, J.1. Among others, the petitioner is an assessee under the W.T. Act, 1957 (Central Act No. 27/57) (hereinafter referred to as 'the Act'). 2. For the assessment years 1971-72, 1974-75 and 1976-77, the petitioner filed her returns before the second WTO Hubli (hereinafter referred to as 'the WTO'), beyond the period provided by the Act and on an examination of them, the WTO completed the assessment and notices of demand were also issued. Some time thereafter the WTO initiated proceedings for imposition of penalty for filing delayed returns against the petitioner and imposed a penalty of Rs. 25,454 against her for the aforesaid three years. 3. On April 6, 1978, the petitioner filed an application before the Commissioner of Wealth-tax, Karnataka, Bangalore (hereinafter referred to as the 'Commissioner') under s. 18B of the Act praying for waiver of the penalty imposed by the WTO (Ex. C). On August 18, 1978, the Commissioner has rejected the said application made by the petitione...
Tag this Judgment!J.H.M. Kataria Vs. Collector of Bombay (Rst) and anr.
Court: Karnataka
Decided on: Apr-08-1983
Reported in: 1983(2)KarLJ518
ORDERPuttaswamy, J. 1. Prior to 9-2-1974, the petitioner was indisputably carrying on business in stainless steel articles in Bangalore under the name and style M/s. Kushal Enterprises. But he claims that on 9-2-1974, he sold the same to one Beeregowda as a running concern and is not doing business from that day. 2. On 29-9-1977, the Collector of Bombay, Recovery of Sales Tax, Bombay, respondent No. 1 (hereinafter referred to as the Collector) issued two Revenue Recovery Certificates (Exhibits C and D) u/s 3(1) of the Revenue Recovery Act, 1890 (Central Act 1 of 1980) (hereinafter referred to as the Act) to the collector of Bangalore who is called as Dy. Commissioner and will hereinafter be referred to as the DC to recover a sum of Rs. 5,347.60p. In the one certificate and a sum of Rs. 1,079.76 p. in the other as arrears of sales tax due from the petitioner to the State of Maharashtra. 3. On the basis of the aforesaid certificates and the orders made thereto by the DC, the Special Tahs...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »