Karnataka Court April 1990 Judgments
State of Karnataka Vs. West Coast Paper Mills Ltd.
Court: Karnataka
Decided on: Apr-16-1990
Reported in: ILR1990KAR2343; 1991(4)KarLJ612
K.A. Swami, J.1. This appeal is preferred against the Judgment and decree dated 20-12-1978 passed in O.S.No. 50/1977 by the Civil Judge, Sirsi. The appellant is the defendant in the suit and the respondent is the plaintiff. In this Judgment the parties will be referred to as the plaintiff and the defendant.2. The plaintiff brought the aforesaid suit for recovery of a sum of Rs. 1,68,407-84 from the defendant on the ground that the said amount was wrongly collected from the plaintiff on 12033 metric tonnes of Bamboo cut and stacked at the forest site prior to 1-2-1973, whereas the plaintiff was liable to pay only royalty on the paper or pulp manufactured out of the said bamboo; that on adjusting the royalty payable, on each quantity of paper and pulp a sum of Rs. 1,68,407-84 would become excess payment; that the title of bamboo cut and stacked at the forest site prior to 1-2-1973 under the Agreement dated 13-8-1955 Ex.P-1 passed on to the plaintiff and the plaintiff became the owner of ...
Tag this Judgment!Mysore Lamp Works Ltd. Vs. Commissioner of Income-tax
Court: Karnataka
Decided on: Apr-12-1990
Reported in: (1990)84CTR(Kar)221; [1990]185ITR96(KAR); [1990]185ITR96(Karn); [1990]52TAXMAN260(Kar)
K. Shivashankar Bhat, J.1. The questions referred to us pertain to the assessment year 1980-81. The following questions were referred under section 256(1) of the Income-tax Act, 1961 (shortly called 'the Act') : '(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in disallowing the claim of bonus set on amounting to Rs. 5,11,000 (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the amount paid towards surtax liability is not an admissible deduction in computing the total income of the applicant under the provisions of the Income-tax Act, 1961 ?' 2. The assessee claimed the surtax liability as an allowable deduction. This claim was disallowed throughout. Hence, the second question stated above. Further, the assessee also claimed deduction of an amount of Rs. 5,11,000 which was set apart by the assessee under the provisions of section 15 of the Payment of Bonus Act, 1965 (hereinafter referred to as...
Tag this Judgment!Dr. G.M. Mascarenhas Vs. R. Venkatachalam
Court: Karnataka
Decided on: Apr-12-1990
Reported in: ILR1990KAR1396
ORDERK.A. Swami, J. 1. Pursuant to the order passed on 11-4-1990 in O.S.A.No. 8/1990 Appeal against order in : ILR1990KAR911 , this appeal has been posted before us along with O.S.A.No. 8/1990. However, it is now brought to our notice that the application seeking interim order made in this appeal was got dismissed as not pressed on 2-4-1990.2. At this stage, it is contended that the Miscellaneous First Appeal has to be decided by a Single Judge and it has not been referred to a Division Bench, therefore, no Order, either interim or final, can be passed by a Division Bench. In the normal circumstances, it is so, because, as per the provisions contained in the Karnataka High Court Act, and in the light of a decision in RAVINDRANATH P.V. v. SMT. RUKMINIAMMAL, Appeal against Order in : ILR1990KAR911 , : ILR1986KAR2389 has to go before a Single Judge.3. The subject matter of O.S.A.No. 8/1990 is as to whether the caveator, who is the respondent in this appeal and who has undoubtedly an half ...
Tag this Judgment!P.E. Manjunath Vs. Chitradurga District Ambedkar Education Society
Court: Karnataka
Decided on: Apr-12-1990
Reported in: ILR1990KAR2021
Rama Jois, Ag. C.J.1. This Writ Appeal is presented by the appellant against the order of the learned Single Judge dismissing the Writ Petition presented by him in which he had prayed for the issue of direction to the first respondent-Society for reinstating the appellant into service and for consequential benefits.2. The facts of the case, in brief, are as follows:-The appellant was appointed on 6th February 1986 as a teacher on the establishment of the Mahatma Gandhi Residential High School, Jajur, Chitradurga District, which is a private educational institution receiving financial aid from the State Government in accordance with the Rules regulating the recognition and giving the grant-in-aid, the appointment of the appellant was approved by the Deputy Director of Public instruction, Chitradurga on 28th July 1986. According to the appellant he fell sick on 29-2-1988 and, therefore, he applied for medical leave for a period of one week from 29-2-1988 to 6-3-1988. As his illness conti...
Tag this Judgment!Veeraswamy Vs. Special Deputy Commissioner
Court: Karnataka
Decided on: Apr-11-1990
Reported in: ILR1990KAR1739
ORDERRamakrishna, J. 1. The petitioner In this Writ Petition has called in question the legality and correctness of the orders (Annexure-A and B) passed by the Assistant Commissioner and the Deputy Commissioner, respondents 1 and 2 respectively.2. A few facts that are necessary for the disposal of this Writ Petition are as follows;-Parasa Bovi, respondent-3 approached the Assistant Commissioner with an application in the year 1980 seeking for the benefit under Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('the Act' for short). His case was that he was in occupation of certain land in Sy. No. 54/2 of Devarahalli village belonging to the Government. That was in the year 1977. Presumably he made an application seeking for grant of the land which he was cultivating. It is not in dispute that by an order dated 14-9-1978 certain land came to be granted to him (the extent of the land granted is not clear from the impugne...
Tag this Judgment!State of Karnataka Vs. H. Sadananda Shetty
Court: Karnataka
Decided on: Apr-10-1990
Reported in: ILR1991KAR1993
K.A. Swami, J.1. All these Writ Appeals except W.A.No. 262/1990 are preferred against the order dated 13-7-1989 passed in W.P.Nos. 3174/1989 c/w W.P.Nos. 15922, 10413 and 10414, 11712, 5862, 12216/1988; 2036/1989, 8786, 16676/1988, 444, 742, 1962, 8562, 9386, 10173, 10370, 3439, 9616, 9498, 5904, 10697, 10933, 11235, 10543 and 10862/1989. Writ Appeal No. 262/1990 is also connected with the aforesaid Writ Appeals even though it is preferred against the order dated 22-1-1990 passed in W.P. No. 1324/1990 because it also relates to the same subject-matter. Hence the above Appeal is heard along with the other Writ Appeals.2. In all the above Writ Petitions, the subject matter was as to whether the Scheme evolved by the State Government for the purpose of distribution of foodgrains through fair price shops was under the provisions of Section 3(3) of the Essential Commodities Act, 1955 (hereinafter referred to as the 'Act') and the ORDER issued thereunder viz., Karnataka Essential Commodities...
Tag this Judgment!Bagalkot Udyog Ltd. Vs. Union of India (Uoi)
Court: Karnataka
Decided on: Apr-06-1990
Reported in: ILR1991KAR1962
ORDERK.A. Swami, J.1. In this petition, under Article 226 of the Constitution, the petitioners have sought for the following reliefs:'a) that this Hon'ble Court may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, direction or order under Article 226 of the Constitution of India -i) directing respondents 1 to 3 their subordinate officers, servants and agents to cancel and/or withdraw and/or set aside the Cement Control Order 1967 as amended from time to time and as presently operative;ii) in the alternative directing respondents 1 to 3 their subordinate officers, servants and agents -a) to grant an increase of Rs. 55-12 paise per metric tonne in the retention price on account of increase in cost of production due to factors other than power cut and to grant a further increase in the retention price over and above the aforesaid increase to the tune of Rs. 90.53 paise per metric tonne on account of increase in production due to pow...
Tag this Judgment!Sri Vidya Mandir Education Society Vs. Corporation of the City of Bang ...
Court: Karnataka
Decided on: Apr-05-1990
Reported in: ILR1990KAR2373
ORDERChandrakantaraj Urs, J.1. The petitioner is a Society registered under the Karnataka Societies Registration Act and runs a School at 11th Cross, West Park Road, Malleswaram, Bangalore City, for the last over 20 years. It is claimed that as many as 1500 children prosecute their studies in the said school. It consists of nursery, primary, middle and high school sections. Adjacent to the school run by the petitioner-Society is a vacant plot of land belonging to the Corporation of the City of Bangalore which has been granted under circumstances hereinafter stated to the 3rd respondent-Malleswaram Sangeetha Sabha, Shri Rama Mandiram, East Park Road, Malleswaram, Bangalore. Aggrieved by that fact the petitioner has challenged the numerous orders in question culminating in the proceedings before the Government under Section 102 of the Karnataka Municipal Corporations Act, 1976 (hereinafter referred to as the Act) resulting in the order dated 11-9-1984 as at Annexure-G to the petition (a ...
Tag this Judgment!Collector of Central Excise Vs. Binny Ltd.
Court: Karnataka
Decided on: Apr-05-1990
Reported in: ILR1990KAR3051
K.A, Swami, J1. These appeals are preferred against the order dated 29-9-1983 passed in W.P.No. 1407 and 1653/1977. The appellants herein were respondents 1 and 2 and the respondent herein was the petitioner in the Writ Petitions. In this Judgment, the parties will be referred to with reference to the position they enjoyed in the Writ Petitions.2. The learned Single Judge has allowed the Writ Petitions and has quashed the demand notice dated 20-12-1976 bearing No. Cess/76/1632 and also the demand notice dated 30-8-1976 bearing No. C.Ex/8/76/1115 and also the order dated 20-12-1976 bearing No. Cess/76/1632 passed by the 2nd respondent produced as Annexure-H.3. The demand notice dated 20-12-1976 Annexure-H is issued as per Rule 6 of the Produce Cess Rules 1969 (hereinafter referred to as the 'Rules') demanding the arrears of cotton cess worked out on the basis of the figures furnished by the petitioner as per the Annexures enclosed to Annexure-H. The arrears were worked out at the rate o...
Tag this Judgment!Dr. B.N. Vijayanarasimha Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Apr-04-1990
Reported in: AIR1990Kant359; ILR1990KAR2279
ORDER1. The petitioner completed the M.B.B.S. degree course during 1979 to 1985 from M.R. Medical College, Gulbarga, and he also completed the House Surgeonship during the said period. Thereafter, the petitioner secured a merit seat for M.S. in General Surgery which he completed during 1986 to 1989 from Bangalore University. The petitioner was desirous of applying for Super Speciality course in Surgery and was keen on joining M. Ch. Urology or Pediatric Surgery. These Super Speciality Courses are conducted only in combined hospitals attached to Bangalore Medical College and it is stated that only the Government Institutions which offer these courses and that the allotment of seats is controlled by the Government of Karnataka under rules known as the Karnataka Medical College and Dental Colleges (Selection and Admission to P.G. Course) Rules, 1987. The Super Specialitycourses offered by the Bangalore University are as follows:--1. M. Ch in Cardio Thorasic Surgery; 2. M. Ch in Plastic Su...
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