Karnataka Court March 1985 Judgments

Ganganarasaiah Vs. the Managing Director, K.S.R.T.C.

Court: Karnataka

Reported in: ILR1985KAR2758

ORDERRama Jois, J.1. In each of these Petitions, the petitioners have questioned the legality of the order made by the Appellate Authority under the Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971, ('Regulations' for short), setting aside an order ofexoneration made in the disciplinary proceedings instituted against each of the petitioners, by the Disciplinary Authorityconcerned, and directing the holding of a de novo inquiry.2. As the facts of the cases are similar and question of law arising for consideration is identical, they are disposed of by this common order.3. For considering the question of law, it is sufficient to set out the facts in one of the petitions. The facts of the case, in brief, in Writ Petition No. 18590 of 1983 are as follows: Disciplinary proceedings were instituted against the petitioner on five charges. The Divisional Controller, the Disciplinary Authority, on consideration of the enquiry report, made an order dat...

Shivalingaswamy Vs. State of Karnataka

Court: Karnataka

Reported in: ILR1985KAR1453

1. After admitting this appeal, with the consent of the Learned Counsel this appeal was taken up for final hearing today. 2. The appellant was directly recruited as Village Accountant. When he was holding that post, a disciplinary enquiry was held against him in respect of certain charges. After the charges were held proved, the disciplinary authority namely the Deputy Commissioner has imposed the penalty of reducing him to the post of Dafterband and posted him as Attender. That order was affirmed on appeal by the W.A.No. 423 of 1985 dated 4th March 1985 Divisional Commissioner, the Appellate Authority. The challenge to the same in Writ Petition No. 2478/84 also failed. Hence this appeal. 3. On merits we find no good grounds to interfere with the finding recorded by the disciplinary authority that the appellant is guilty of the charges held proved. Sri Sridhar, Learned Counsel appearing for the appellant, however maintained that the authorities could not have imposed the penalty of red...

inspecting Assistant Commissioner of Income-tax Vs. Laxmichand and

Court: Karnataka

Puttaswamy, J.1. These appeals are by the Inspecting Assistant Commissioner of Income-tax, Acquisition Range, Bangalore and are directed against a common order made on April 30, 1975, by the Income-tax Appellate Tribunal, Bangalore Bench, Bangalore ('Tribunal') in I.T. (Acquisition) Appeal Nos. 15 and 16 (Bangalore)/74-75, reversing his order No. CR 62/1762 & 1763/73-74/Acq B made on November 30, 1974, under Chapter XX-A of the Income-tax Act, 1961 ('the Act'). 2. A vacant site bearing No. 134 (old Nos. 170, 183 and 204) situated at 6th Cross, Gandhinagar, Bangalore City, measuring 60' x 137' or 8220 sq. ft. was owned by Sriyuths Maheshchandra Pareksh and Jaisukhlal Pareksh of Bangalore ('transferors'). On September 10, 1973, the said transferors by two separate and distinct instruments of transfer of that date transferred the site in equal half share to Sriyuths Lakshmichand and Lalchand of Bangalore (transferees) for a consideration of Rs. 60,125 to each of the said transferees. On M...

Syndicate Bank Ltd. Vs. Additional Commissioner of Income-tax

Court: Karnataka

Reported in: (1985)45CTR(Kar)68; [1985]155ITR681(KAR); [1985]155ITR681(Karn)

Jagannatha Shetty, J.1. The Income-tax Appellate Tribunal has, under s. 256(1) of the I.T.Act, 1961, referred as many as nine questions, all relating to the question of capital gains which accrued or arose to the assessee as a result of payment of compensation of Rs. 3.6 crores by the Government of India for having taken over the assessee's business undertaking. 2. The assessee is a public limited company under the name 'Syndicate Bank Ltd.'. It was carrying on banking business with its head office at Manipal. The business undertaking of this company along with 13 other like undertakings were first nationalised by the Government of India by promulgating an Ordinance called 'the Banking Companies (Acquisition and Transfer of Undertakings) Ordinance (8 of 1969)'. The validity of that Ordinance was challenged before the Supreme Court, and when it was pending consideration, the Ordinance was replaced by an Act called 'The Banking Companies (Acquisition and Transfer of Undertakings) Act (22...

Mysore Plywoods Ltd., Bangalore Vs. Assistant Collector of Central Exc ...

Court: Karnataka

Reported in: 1985(5)ECC76; 1985(20)ELT267(Kar)

1. On a memo filed by the respondents, Chandrakantharaj Urs, J. allowed this writ petition on 6-1-1982. But in W.A. No. 373 of 1982 filed by the respondents against the said order an appellate Bench of this Court, on 15-3-1982, set aside the same and remitted the case for fresh disposal with liberty to file their return and that is how this case has again come up before me for disposal. 2. M/s. Mafatlal Plywood and Industries Ltd., formerly called as 'Mysore plywood Ltd.' is a public limited company, incorporated under the Companies Act, which is the petitioner before me, is inter-alia engaged in the manufacture of 'Flush doors'. From 1962 and onwards, the petitioner had paid excise duty on the 'flush doors' manufactured by it under Tariff Item No. 16-B of the Central Excises and Salt Act, 1944 (Central Act No. 1 of 1944) (Act) at the rates stipulated against that entry from time to time. From 1962 to 3-5-1974, the petitioner paid excise duty on 'flush doors' roughly aggregating to a s...

General Manager, Ksrtc Vs. Vijayalaxmi

Court: Karnataka

ORDERVenkatachaliah, J.1. This appeal is by the General Manager, Karnataka State Road Transport Corporation (KSRTC) and is directed against the award dated 29-3-1984, made in M.V.C. No. 670 of 1982, on the file of the Motor Accidents Claims Tribunal, IV; Bangalore City, awarding a total compensation of Rs. 60,000/- in a fatal accident's action.2. Saravanavelu, aged 42 years, working at the B.E.M.L., was killed in a motor-accident which occurred at about 11-30 A.M. on 3-10-1982. Saravanavelu was riding his scooter on the Kempegowda Road at Bangalore. The appellant's bus hit the scooter from behind. Saravanavelu succumbed to the injuries. The dependants brought the present action for compensation. The Tribunal on a consideration of the evidence on record determined the total compensation at Rs. 1,00,000/-. It deducted a sum of Rs. 40,235/-- towards benefits arising out of the death and awarded the balance of Rs. 59,765/-- rounding it off to Rs. 60,000/--.3. Sri G. Lingappa, Learned Couns...