Karnataka Court November 1992 Judgments
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Karnataka Pawn Brokers' Association Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-26-1992
Reported in: ILR1993KAR240
K.A. Swami, Ag. C.J.1. Writ Appeal Nos. 1710 and 1711 of 1992 are preferred against the order dated 24th July, 1992 passed in W.P.Nos.25704 and 25705 of 1991, whereas, Writ Appeal Nos. 1784 to 1788 of 1992 are preferred against the order dated 24th July 1992 passed in W.P.Nos. 25661 to 25665 of 1991.2. In the first batch of Writ Petitions, the petitioners sought for a declaration that Section 3A of the Karnataka Sales Tax Act, 1957 ('the Act' for short) is unconstitutional. They have also sought for quashing the clarificatory Circular No.CLR.Cr. 402 of 1991-92 dated 30th October 1991 issued by the Commissioner of Commercial Taxes produced as Annexure-D in the Writ Petitions. They have also sought for a Writ in the nature of Mandamus or direction forbearing the respondents, their supporters, servants, agents etc., from demanding the registration of licensed pawnbrokers as 'dealers' under the Act and/or assessing/demanding or collecting from them or taking any proceedings for assessment ...
Smt. Nanda Kishori Vs. S.B. Shivaprakash
Court: Karnataka
Decided on: Nov-24-1992
Reported in: AIR1993Kant87; II(1994)DMC295; 1992(4)KarLJ663
ORDER1. This civil petition is filed under S. 24 of C.P.C., seeking transfer of matrimonial case pending on the file of the Family Court to the Court of the principal Civil Judge, Hubli.2. Few facts to briefly state are :--One Sri S. B. Shivaprakash has initiated legal action against his wife Smt. Nanda Kishori seeking dissolution of marriage by a decree of divorce before the Family Court at Bangalore. According to the pleadings marriage was solemnised according to Hindu Rites at Hubli in the year 1976 and that two children were born out of wedlock and spouses were living at Bangalore, and differences arose in the year 1988.3. This civil petition is filed by the wife seeking transfer of the proceedings pending on the file of the Family Court at Bangalore to jurisdictional Court at Hubli where wife is living with her parents after leaving the matrimonial home. Causes attributed by the wife for leaving matrimonial home were that her husband used to ill-treat her and further used to come ...
British Physical Laboratories India Ltd. Vs. B.M. Shama Rao
Court: Karnataka
Decided on: Nov-24-1992
Reported in: ILR1993KAR414; 1993(1)KarLJ102
Shivashankar Bhat, J.1. Regular First Appeal is filed by the defendants. The respondent-plaintiff filed the suit for possession of the premises on the ground that the appellant before us was a tenant, whose tenancy has been determined, and consequently the landlord-plaintiff was entitled for possession of the premises. The monthly rent for the premises was Rs. 2,150/-. The premises was non-residential. In the circumstances, the plaintiff relied on Section 31 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act') to point out that Part-V of the Act was inapplicable and consequently, Civil Suit was maintainable against the tenant.2. The Suit was initially filed on 1st September 1977. Consequent on the formation of the City Civil Courts in Bangalore City, the Suit was renumbered as O.S.No. 1838 of 1980. On 4th March 1986, the trial Court decreed the suit. Hence this Appeal. The Appeal was filed on 19th June 1986.3. During the pendency of this Appeal, Section 31 of ...
Deputy General Manager Vs. Kamappa
Court: Karnataka
Decided on: Nov-24-1992
Reported in: I(1993)ACC636; 1993ACJ539; ILR1993KAR584; 1993(1)KarLJ80
M. Ramakrishna, J. 1. The main ground on which this Appeal is presented by the K.S.R.T.C., is that the compromise petition filed before the Lok Adalath - though not signed by the appellant, Deputy General Manager and Divisional Controller, K.S.R.T.C., or the Law Officer, the contesting respondent in the Court below - was acted upon and a finding recorded thereon against the interest of the appellant and that therefore the finding does not bind the appellant.2. Sri Ramesh, learned Counsel appearing for the lnsurer-3rd respondent, drew our attention to the Decision of the Supreme Court in : BYRAM PESTONJI - GARIWALA V. UNION BANK OF INDIA ANDORS., : AIR1991SC2234 In Paragraphs 40, 43 and 44 of the Judgment referring to a similar plea put forward in that case arising out of an order under Order 23 Rule 3, C.P.C. read with Order 3 Rule 1 and Section 11, the Supreme Court held as follows:-'The words 'in writing and signed by the parties', inserted in Order 23, Rule 3, C.P.C. by the C.P.C. (...
Nanda Kishori Vs. Shivaprakash
Court: Karnataka
Decided on: Nov-24-1992
Reported in: I(1994)DMC75; ILR1993KAR179
ORDERVasanthakumar, J.1. This Civil Petition is filed under Section 24 of C.P.C seeking transfer of Matrimonial Case pending on the file of the Family Court to the Court of the Principal Civil Judge, Hubli. 2. Few facts to briefly state are:- One Sri S.B.Shivaprakash has initiated legal action against his wife Smt. Nanda Kishori seeking dissolution of marriage by a decree of divorce before the Family Court at Bangalore. According to the pleadings Marriage was solemnised according to Hindu Rites at Hubli in the year 1976 and that two children were born out of wedlock and spouses were living at Bangalore, and differences arose in the year 1988. 3. This Civil Petition is filed by the wife seeking transfer of the proceedings pending on the file of the Family Court at Bangalore to jurisdictional Court at Hubli where wife is living with her parents after leaving the matrimonial home. Causes attributed by the wife for leaving matrimonial home were that here husband used to ill treat her and f...
Commissioner of Income-tax Vs. H.S. Shivarudrappa
Court: Karnataka
Decided on: Nov-20-1992
Reported in: (1993)109CTR(Kar)362; [1993]200ITR1(KAR); [1993]200ITR1(Karn); 1993(37)KarLJ146
K. Shivashankar Bhat, J.1. The following question has been referred for our consideration under section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that installments due as on January 30, 1981, alone should be taken into consideration for computing profits under section 41(2) ?' 2. The assessment year is 1981-82, for which the previous year ended on March 31, 1981. The assessee owned two buses which were bearing Nos. MYA 2334 and MYA 6169. These were acquired by the Government of Karnataka in the year 1976, under the provisions of the Karnataka Contract Carriages (Acquisition) Act, 1976. For bus No. MYA 6169, compensation of Rs. 1,15,574 was awarded. Out of that, Rs. 20,000 was paid on March 12, 1976, and the balance was payable in eight annual installments of Rs. 11,410.90 each payable on January 30 of each calendar year commencing from January 30 of each calendar year commencing from January 30, 1...
Commissioner of Income-tax Vs. M. Vinoda Rao and Others
Court: Karnataka
Decided on: Nov-20-1992
Reported in: (1993)109CTR(Kar)334; [1993]200ITR50(KAR); [1993]200ITR50(Karn)
K. Shivashankar Bhat, J. 1. The two questions referred in I.T.R.Cs. Nos. 45 to 65 of 1989, under section 256(2) of the Income-tax Act ('the Act' for short), pertain to the assessment years 1977-78 to 1980-81, they read as follows : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in confirming the orders of the Commissioner of Income-tax (Appeals) who held that the provisions of section 40(b) of the I.T. Act is not applicable when the money deposited with the firm is out of the funds of the partners, and particularly when the existence of the Hindu undivided family has not been accepted 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in confirming the orders of the Commissioner of Income-tax (Appeals) who held that the provisions of section 64(1)(vii) or section 64(2) are not applicable in the assesse's case and the income accruing or arising to the spouse, minor children or the Hi...
G.A. Purushotham Vs. E.S.i. Corporation
Court: Karnataka
Decided on: Nov-20-1992
Reported in: ILR1993KAR651; 1993(1)KarLJ397; (1993)IILLJ283Kant
1. These three Criminal Revision Petitions are preferred by the appellant against a common order dated March 7, 1992, passed by the Principal City Civil and Sessions Judge, Bangalore, in Criminal Appeals Nos. 81 of 1990, 5 and 6 of 1991. The learned Principal City Civil and Sessions Judge, Bangalore, dismissed Cr. A. No. 6 of 1991, whereas he allowed Cr. A. Nos. 81 of 1990 and 5 of 1991 in part. Since these three Criminal Revision Petitions are filed by the same appellant against a common order passed by the learned Principal City Civil and Sessions Judge, Metropolitan Area, Bangalore, I have heard them together and I am passing a common order in these three appeals. 2. I have heard the learned counsel for the petitioner and learned counsel for the respondent fully and perused the records of the case. 3. The respondent filed complaint against the petitioner at C.C. No. 2744 of 1988 alleging that the petitioner has not filed his returns of Employees' State Insurance Corporation in time....
Titanide Coating (P) Ltd. Vs. Assistant Collector of Customs
Court: Karnataka
Decided on: Nov-20-1992
Reported in: 1993(42)ECC28; 1993(67)ELT260(Kar); 1993(1)KarLJ367
ORDER1. The writ petition was filed on 2nd June 1988 challenging the seizure proceedings made on 29th April 1988 with a consequential prayer to restrain the respondents from proceeding with any further action in the matter of the machinery seized.2. According to the petitioner it carries on the business of Titanium Nitride Coatings for the cutting tools, Hobs, Press Tools and other engineering tools at Tumkur. In terms of the Import and Export Policy for the years 1985-88 the petitioner imported, under Open General Licence (`OGL' for short), coating machine with four electric discharge aided evaporators including all standard accessories for depositing Titanium and Titanium compound films on metallic or non- metallic surfaces. The machinery is categories under the list of capital goods allowed to be imported under OGL as per Appendix-I, Part-B, Item 10(56) of the aforesaid Policy. After completing the requisite formalities such as obtaining the allotment of Importers Code Number and ap...
Mangalore Chemicals and Fertilisers Ltd. Vs. Deputy Commissioner of Co ...
Court: Karnataka
Decided on: Nov-20-1992
Reported in: 1992(4)KarLJ760; [1993]89STC265(Kar)
K. Shivashankar Bhat, J.1. The State Government issued a notification in June, 1969, granting certain concessions to new industries for a period of five years; one of the incentives was refund of all sales tax payable by the new industry on raw materials purchased by it for the first five years from the date the industry goes into production. In the year 1975 another Government order came to be issued permitting the adjustment of this refundable tax, towards the taxes payable by it in other respects under the Karnataka Sales Tax Act, 1957 ('the Act' for short) after obtaining permission for the adjustment. The petitioner obtained the new unit certificate; petitioner also applied for permission to adjust the tax refundable to it with the taxes payable by it. There is no dispute that the 2nd respondent, after examining the petitioner's case recommended for granting the permission for adjustment. There was also another Government order clarifying the earlier Government order. For the peri...
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