Karnataka Court July 1990 Judgments
National Fibres Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Jul-20-1990
Reported in: ILR1990KAR2879
ORDERM. Rama Jois, J.1. In this petition under article 26 of the Constitution, the petitioner has questioned the legality of a notice issued under section 12(3) read with section 12-B(4) of the Karnataka Sales Tax Act, 1957 ('the Act' for short) and rule 16 of the Karnataka Sales Tax Rules, 1957 proposing to tax the turnover, which according to the respondents had escaped assessment. 2. The brief facts of the case are these : The petitioner is a manufacturer and dealer in high density polyethylene woven sacks. Under entry 118 of the Second Schedule to the Karnataka Sales Tax Act, 1957, the rate of tax prescribed on the said item of goods during the relevant period was 4 per cent. On December 29, 1975, a notification was issued under section 8-A of the Act reducing the rate of tax from 4 per cent to 2 per cent with effect from January 15, 1976. Accordingly, tax was being levied on the turnover relating to high density polyethylene woven sacks at 2 per cent. With effect from March 31, 19...
Tag this Judgment!P.V. Desai Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jul-20-1990
Reported in: (1995)IIILLJ859Kant
R. Ramakrishna, J.1. On behalf of Messers P. V. Desai, a registered partnership firm, one of its partners, Sri R.V. Desai, has filed this writ petition under Article 226 of the Constitution for issue of a writ of certiorari or any other appropriate writ or direction quashing the order at Annexure ''L' passed by respondent no. 1 declaring the same as illegal and void and also to direct the respondents not to proceed further in pursuance of Annexure 'L'.2. The petitioner was a partnership firm engaged in the business of tobacco processing at Nipani in Belgaum District. They had employed more than 50 workmen and the second respondent is the General Secretary of the Union. The workmen were alleged to have created certain situation by doing illegal activities by harassing the partners, their family members and doing dharna, etc. The petitioner being unable to bear with this situation had submitted a letter to the Conciliation Officer, Belgaum. Since the situation had become still worse, he ...
Tag this Judgment!P.V. Desai Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-20-1990
Reported in: [1991(62)FLR635]; ILR1991KAR665
ORDERR. Ramakrishna, J. 1. On behalf of M/s. P.V. Desai, a registered partnership - firm, one of its partner Sri R.V. Desai has filed this Writ Petition under Article 226 of the Constitution for issue of a Writ of Certiorari or any other appropriate Writ or direction quashing the order at Annexure 'L' passed by respondent No. 1 declaring the same as illegal and void and also to direct the respondents not to proceed further to pursuance of Annexure-L.2. The petitioner was a partnership firm engaged in the business of tobacco processing at Nipani in Belgaum District. They had employed more than 50 workmen and the second respondent is the General Secretary of the Union. The workmen are alleged to have created certain situation by doing illegal activities by harassing the partners, their family members and doing dharana etc. The petitioner being unable to bear with this situation has submitted a letter to the Conciliation Officer, Belgaum. Since the situation has become still worse, he add...
Tag this Judgment!The General Manager, Karnataka State Road Transport Corporation and Ot ...
Court: Karnataka
Decided on: Jul-19-1990
Reported in: II(1990)ACC572; 1991ACJ272; AIR1991Kant189; ILR1990KAR3243
ORDERChandrakantaraj Urs, J.1. This is an appeal by the General Manager of the Karnataka State Road Transport Corporation as well as the Deputy General Manager of the internal Insurance Fund of the said Corporation. They were respondents Nos. 1 and 2 before the Motor Accidents Claims Tribunal, Belgaum, in M.V.C. No. 831/88.2. Respondents 1 to 8 before us were the claimants before the Motor Accident Claims Tribunal. Claimants 7 and 8 are mother and brother of the deceased who, it is alleged in the claim petition before the Motor Accident Claims Tribunal, died as a consequence of rash and negligent driving of a bus owned by the first appellant-Corporation on 28-7-1988 at about 9-30 a.m. on Poona-Bombay Road (National Highway No. 4), near Shetti Galli Cross, in Belgaum town. It is further alleged by the claimants-respondents that the deceased Kashimsab Mulla was earning Rs. 1.200/-per month. They claimed a total of Rs, 4,75,000/-as compensation on account of the death caused by the accide...
Tag this Judgment!Mrs. Veronica Mary Alison Das Vs. Nil
Court: Karnataka
Decided on: Jul-19-1990
Reported in: ILR1991KAR1745
Jagannatha Shetty, J.1. The short question raised in this petition is whether the list of assets and liabilities are to be incorporated to the Probate or Letter 'of Administration issued.2. This application is filed by the applicant-petitioner under Section 151, 152 and 153 of the Code of Civil Procedure read with Sections 226 and 268 of the Indian Succession Act, 1925. In the said application the petitioner had prayed for Letters of Administration with the Will annexed in her favour. By an order dated 14th December 1989, this Court was pleased to allow the above petition and directed that the grant as prayed for be issued on payment of requisite Court fee. After payment of requisite Court fee, the Office prepared a draft of the grant to be issued, which was seen by the learned Counsel for the applicant-petitioner, who has stated that the details of the assets and liabilities should not be incorporated in the grant to be presently issued in the above case. Office has still enclosed the...
Tag this Judgment!Mohammed @ Mohammed Sab Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-19-1990
Reported in: ILR1990KAR3433; 1990(3)KarLJ58
D.P. Hiremath, J.1. The appellant challenges his conviction by the Sessions Court for the offence under Section 302 I.P.C. and sentence passed thereon to death and that he shall be hanged by his neck till he is dead. He was also convicted under Sections 307 and 333 I.P.C. and sentenced to rigorous imprisonment for 7 years and 3 years respectively and also to pay a fine of Rs. 5,000/-for each of the offences with default sentence.2. The facts of the case briefly stated are that the accused-appellant is a slaughterer and does slaughtering work in his house at Dadamaghatta within the jurisdiction of Bhadravathi Rural Police Station. P.W.3 -Malleshappa, resident of Baballi village in the same taluk, owned a few cattle and was tethering them in a shed behind his house. On 5-1-1989 he tethered his cattle as usual in the shed and at about 5.30 a.m. the following morning he went to the shed and saw that two of his cows were missing. Out of them, one was pregnant and another was a milking cow. ...
Tag this Judgment!Syndicate Bank Vs. Small Farmers, Marginal Farmers, Scheduled Caste an ...
Court: Karnataka
Decided on: Jul-18-1990
Reported in: [1992]75CompCas405(Kar); ILR1990KAR2925; 1990(2)KarLJ475
1. The unsuccessful plaintiff is the appellant. The plaintiff, Syndicate Bank, is a nationalised bank ; it instituted the suit on June 2, 1987, for recovery of money from defendants Nos. 1 to 13. The first defendant is a co-operative society registered under the Karnataka Co-operative Societies Act, 1959. Defendant No. 4 was the president of the society. The president and members of the managing committee, in pursuance of a resolution dated June 6, 1979, borrowed a sum of Rs. 1,58,000 at 10.5 per cent. interest per annum to be repaid in five equal annual instalments commencing from May 30, 1980. They jointly executed a promissory note on June 8, 1979. Defendants Nos. 2 and 3 are the secretary and chairman of the society, respectively. Defendants Nos. 4 to 13 are the members of the society. It is averred in the plaint that, out of the sanctioned loan amount, a sum of Rs. 1,51,281 has been disbursed, from time to time, to defendants Nos. 4 to 13, i.e., members. On June 8, 1979, they also...
Tag this Judgment!O.M. Agency (P) Ltd. Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-18-1990
Reported in: ILR1991KAR2543
K.A. Swami, J. 1. This Appeal by the plaintiff is preferred against the Judgment and Decree dated 31st October 1989 passed by the VIII Additional City Civil Judge, Bangalore City in Original Suit No. 554/1977.2. Respondents 1 to 4 were defendants 1 to 4 in the suit Therefore, in this Judgment parties will be referred to with the position they occupied in the suit.3. The plaintiff sought for recovery of a sum of Rs. 65,540-92 together with costs and current interest from the date of suit till the date of realisation. The decree was sought against all the defendants.4. The case of the plaintiff is that it was a distributing agent of fourth defendant and it also submitted the tender to the State Government as an agent of the fourth defendant for supply of drugs on rate contract basis; that the tender was accepted by the State Government and the plaintiff was intimated by the communication dated 16th June 1973; that the submission of the tender, acceptance of the tender, conditions of the ...
Tag this Judgment!All Karnataka Conductors Manufacturers Association Vs. Karnataka State ...
Court: Karnataka
Decided on: Jul-18-1990
Reported in: ILR1990KAR2483
ORDERShivaraj Patil, J1. The petitioners in these Writ Petitions have sought for the following reliefs:-'a) Issue a Writ of Mandamus forbearing respondents from accepting any tender in respect of Enquiry No.P1/PC/KEB-2021/90-91 for procurement of Squirrel, Weasel and Rabbit ACSR conductor as per Annexure-A;b) Issue a Writ of Mandamus directing the respondents to re-invite the tender for procurement of Squirrel, Weasel and Rabbit ACSR Conductor and conduct proceedings for the opening of the said tenders in the presence of the petitioners/tenderers;c) Issue such other appropriate Writ/Order/ Direction as deemed fit in the interest of justice;d) Issue an interim order pending disposal of the above Writ Petition restraining respondents from accepting the tender of any Tenderer in respect of Enquiry No. P1/PC/KEB-2021/90-91 (Annexure-A), in the interest of just justice.'2. Petitioner-1 is All Karnataka Conductors Manufacturers Association and petitioners-2 to 15 are its Members. The respond...
Tag this Judgment!Dr. H.T. Venkata Setty Vs. Shiva Sailam
Court: Karnataka
Decided on: Jul-18-1990
Reported in: ILR1990KAR2874; 1990(3)KarLJ276
ORDERRama Jois, J.1. In this matter referred to Division Bench under Section 9 of the Karnataka High Court Act, 1961, the question of law that arises for considerations is:'Whether a petition under Article 226 of the Constitution seeking the issue of a Writ of quo-warrantor against a person appointed to a civil post in the service of the State of Karnataka on the ground that he does not possess the qualification prescribed for the post is maintainable before this Court, or it falls within the jurisdiction of the Karnataka Administrative Tribunal2. The matter has come up for orders. By consent of the learned Counsel on both sides, it is taken up for final hearing and disposed of by this order.3. The above question arises in view of the Constitution of the State Administrative Tribunal pursuant to the Administrative Tribunals Act, 1985 (the Act' for short) enacted by the Parliament pursuant to Article 323A of the Constitution of India. Article 323A reads:-'323A. (1) Parliament may, by la...
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