Karnataka Court August 1992 Judgments
Barafwala Vs. Assistant Executive Engineer (Elec)
Court: Karnataka
Decided on: Aug-27-1992
Reported in: ILR1992KAR3312
Hakeem, J.1. The petitioner is running an Ice Factory at Belgaum. He is a consumer of electricity supplied by the Karnataka Electricity Board. For the purpose of measuring voltage and the energy consumed meters of different strength are installed in the factory premises. One such meter called as maximum demand meter (M.D. Meter), is installed for the purpose of indicating the maximum K.V.A., supplied to the factory.2. It appears that in the month of May 1982 the said M.D. Meter failed resulting in showing higher consumption upto 84 KVA (as against normal reading earlier within 65 KVA) and stopped there. Ordinarily such meter was required to be repaired or replaced at the time of taking the reading, which, in the instant case, was on the 1st June 1992. But no such correction was made upto 31.12.1982. However, the bill for the supply for electric energy, during the disputed period was made on the basis of the maximum reading recorded in that month. According to the petitioner the said ma...
Tag this Judgment!Mr. D'souza J. Vs. Mr. A. Joseph
Court: Karnataka
Decided on: Aug-26-1992
Reported in: AIR1993Kant68
1. This appeal is preferred against the judgment and decree dated 16-8-1984 passed by the VIII Addl. City Civil Judge, Bangalore City, in O. S. No. 2243/1980. By the said judgment, the learned Addl. City Civil Judge decreed the suit of the plaintiff for permanent injunction restraining the defendant from interfering with plaintiff's peaceful possession of the suit schedule property. Being aggrieved by the said judgment, defendant J. D'souza has preferred this appeal.2. It appears, plaintiff-respondent A. Joseph died on 3-4-1991. I may point out here that Sri K. N. Bhat appearing for Sri Sreekantegowda in the companion matter submitted that there is no dispute about the death of A. Joseph. The advocate for the appellant, in the light of the aforesaid development, has filed a memo as under: 'The appellant submits as under: 1. The respondent herein as the plaintiff had filed O. S. No. 2888/87 against the appellant herein, for a Judgment and Decree as under: 'Wherefore the plaintiff prays ...
Tag this Judgment!Hindustan Aeronautics Ltd. Vs. Commissioner of Income-tax
Court: Karnataka
Decided on: Aug-26-1992
Reported in: [1994]206ITR338(KAR); [1994]206ITR338(Karn)
S.A. Hakeem, J. 1. The Tribunal has referred the following questions of law for the opinion of this court : At the instance of the assessee : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the bins, racks and shelves were not plant but were furniture (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that radar was a wireless equipment and thus not entitled to extra shift allowance ?' At the instance of the Department : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in confirming the order of the Commissioner of Income-tax (Appeals) allowing provision for accrued leave salary amounting to Rs. 2,37,66,620 as a deduction for the assessment year 1981-82 ?' 2. The assessee had claimed that bins, racks and shelves were 'plant' and as such extra shift allowance was admissible on them. The Income-tax Officer was of the opinion...
Tag this Judgment!Mysore Ammonia (P) Ltd. Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Aug-26-1992
Reported in: [1993]90STC439(Kar)
S.A. Hakeem, J.1. The question of law that arises for consideration is : whether 'anhydrous ammonia' sold by the appellant in liquid form is to be treated as 'industrial gas' falling under entry No. 121 of the Second Schedule, or is it a 'chemical' falling under entry No. 79 of the Second Schedule to the Karnataka Sales Tax Act, 1957 ('the Act') 2. The appellant-company is a dealer carrying on business in chemicals, namely, anhydrous ammonia. It sells the product to various industrial units in the State like H.M.T., Widia (India), rubber industries, dairies and ice manufacturing units. For the assessment year 1981-82 the Commercial Tax Officer determined the assessee's taxable turnover at Rs. 15,00,411.16 and levied tax at 8 per cent under entry No. 79 of the Second Schedule, treating the product as a chemical. Subsequently, the Deputy Commissioner of Commercial Taxes initiated suo motu proceedings under section 21(2) of the Act, proposing to levy tax at 10 per cent under entry No. 121...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Hazira Begum
Court: Karnataka
Decided on: Aug-26-1992
Reported in: ILR1994KAR2879
Mohan Kumar, J.1. These Appeals arise out of a claim preferred by the legal heirs of a workman who died in the course of his employment. M. F. A. No. 1155/92 is preferred by the Insurance Company disowning their liability where M. F. A. No. 1333/92 is preferred by the legal heirs of the deceased workman claiming enhancement. 2. The deceased workman was employed as a Driver by the Employer to drive his vehicle. While he was driving an Alwyn Nisan Vehicle CAK 2839 belonging to the employer on 27-1-1989, it was involved in an accident, resulting in his death. This fact is admitted. The legal heirs claimed that he was earning wages at Rs. 1,000/- per month and bata at Rs. 20/- per day. Compensation was claimed on the basis. The claim petition was preferred on 26-7-1989 before the Commissioner for Workmen's Compensation. The claimants claimed a sum of Rs. 3,00,000. - as compensation. 3. While the employment of the worker was admitted, the main contest was whether the driver was entitled to ...
Tag this Judgment!Thibbaiah Vs. Desigowda
Court: Karnataka
Decided on: Aug-26-1992
Reported in: ILR1993KAR973; 1992(3)KarLJ745
Shivashankar Bhat, J. 1. When the Appeal was taken up for hearing, learned Counsel for the Respondents pointed out that the Appeal will have to be transferred to the Court of the District Judge, Mandya, having regard to the value of the subject matter, which according to him, is below Rupees One lakh. Mr. Chandrashekaraiah, learned Counsel for the appellant contended that this was a partition suit and the subject matter of the suit will be the entire joint family property from which the plaintiff-appellant seeks partition.2. There can be no doubt that the value of the subject matter for the purpose of determining the pecuniary jurisdiction may be different from the value of the subject matter for the purpose of Court fee, having regard to the provisions of Section 50 of the Karnataka Court Fees and Suits Valuation Act, 1958. In the case of a partition suit, the Court fee payable is fixed under Section 35(2), when the plaintiff asserts that he is in joint possession of the property. But...
Tag this Judgment!D'Souza Vs. Joseph
Court: Karnataka
Decided on: Aug-26-1992
Reported in: ILR1992KAR2972
N.D.V. Bhat, J1. This Appeal ts preferred against the judgment and decree dated 16-8-1984 passed by the VIII Additional City Civil Judge, Bangalore City, in O.S.No. 2243/1980. By the said judgment, the learned Additional City Civil Judge decreed the suit of the plaintiff for permanent injunction restraining the defendant from interfering with plaintiff's peaceful possession of the suit schedule property. Being aggrieved by the said judgment, defendant J.D'Souza has preferred this Appeal.2. It appears, plaintiff-respondent A. Joesph died on 3-4-1991. I may point out here that Sri K.N. Bhat appearing for Sri Sreekantegowda in the companion matter submitted that there is no dispute about the death of A. Joseph. The Advocate for the appellant, in the light of the aforesaid development, has filed a Memo as under:'The appellant submits as under:1. The respondent herein as the plaintiff had filed O.S.No: 2888/87 against the appellant herein, for a judgment and Decree as under:'Wherefore the p...
Tag this Judgment!C. Narayanaswamy and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Aug-24-1992
Reported in: [1993]77CompCas402(Kar)
P.K. Shamsundar, J. 1. This writ petition is by a group of 15 petitioners all claiming to be the elected directors of two co-operative societies, viz., the Karnataka State Silk Handloom Weavers Co-op. Apex Ltd., Bangalore and the Karnataka State Cotton Handloom Weavers Co-op. Apex Ltd., Bangalore. They are seriously aggrieved by an order of the Additional Registrar of Co-operative Societies dated June 29, 1992, vide annexure 'A' under which the learned Registrar who is a party respondent in this writ petition (R2) ordered the amalgamation of the two societies referred to supra who are incidentally respondents Nos. 4 and 5 herein and in their places brought out a new society called the Karnataka Co-operative Handloom Weavers Federation Ltd., Bangalore, who is the third respondent in this writ petition. Challenging the order of the second respondent, Additional Registrar as aforesaid, the erstwhile directors of the two societies, i.e., some of them have made a serious grievance of the ac...
Tag this Judgment!C. Narayanaswamy Vs. State of Karnataka
Court: Karnataka
Decided on: Aug-24-1992
Reported in: [1995]82CompCas493a(Kar); ILR1992KAR3539; 1992(4)KarLJ388
ORDERShyamsundar, J.1. This Writ Petition is by a group of 15 petitioners all claiming to be the elected Directors of two Co-operative Societies viz., Karnataka State Silk Handloom Weavers Co-operative Apex Ltd., Bangalore and the Karnataka State Cotton Handloom Weavers Co-operative Ltd., Bangalore. They are seriously aggrieved by an order of the Additional Registrar of Co-operative Societies dated 29.6.92 vide Annexure-A under which the learned Registrar who is a party respondent in this Writ Petition - (R2) ordered the amalgamation of the two Societies referred to supra who are incidentally respondents 4 and 5 herein and in their places brought out a new Society called the Karnataka, Co-operative Handloom Weavers Federation Ltd., Bangalore who is the third respondent in this Writ Petition. Challenging the order of the second respondent - Additional Registrar as aforesaid, the erstwhile Directors of the two Societies i.e., some of them have made a serious grievance of the action taken...
Tag this Judgment!The Proposed Dharwad District Ex-Servicemen's Co-operative Society Ltd ...
Court: Karnataka
Decided on: Aug-21-1992
Reported in: AIR1993Kant117; 1992(3)KarLJ659
ORDER1. The petitioner seeks writ of mandamus to the respondents to process the application of the petitioner dt. 30th May, 1988 and grant certificate of registration to it, under the provisions of the Karnataka Co-operative Societies Act, 1959, ('Act' for short). The proposed co-operative society is to be a housing society, consisting of only ex-servicemen. At the time of filing the writ petition, it had 80 members and the members are mostly pensioners who had rendered military service and a few of them were also the widows of ex-armymen. The petitioners further state that the Government has granted some lands in Block No. 21/A and S.No. 28/2. They have paid considerable sum of money towards these lands. They have also deposited a sum of Rs. 86,000/- towards the share capital in K.C.C. Bank, Dharwad. The members of the proposed society intend to develop the lands by laying sites and distributing the same amongst the members. The society is proposed to be registered at Hubli. The petit...
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