Karnataka Court February 1993 Judgments
State of Karnataka Vs. Saraswathi Education Society
Court: Karnataka
Decided on: Feb-16-1993
Reported in: ILR1993KAR862; 1993(2)KarLJ12
Shivashankar Bhat, J.1. Respondent in this Appeal filed a Writ Petition to set aside the order of the State Government dated 26.6.1989, whereby the State Government rejected the application of the respondent for permission to start an English Medium Primary School at Hassan.2. According to the respondent, it has been running an Institution since 1986-87 and submitted an application for permission; School was inspected by the various authorities, who recommended the granting of permission. Along with the application, petitioner submitted a representation of Master Control Facility Staff Welfare Association, a registered body of the staff belonging to the Space Department, comprised in about 170 families; they were anxious to have an English Medium Primary School in their locality.3. The State Government rejected the application under the impugned order. The learned Single Judge set aside the said order and directed the State Government to reconsider the question afresh. Hence this Writ ...
Tag this Judgment!State of Karnataka Vs. Noble Saint Education Society
Court: Karnataka
Decided on: Feb-16-1993
Reported in: ILR1993KAR834; 1993(2)KarLJ19
Shivashankar Bhat, J.1. The above Writ Appeal and several other Writ Appeals were filed as common Appeals by the State of Karnataka and others, against the common order of the learned Single Judge. This Judgment is pronounced with reference to the arguments addressed in all the Writ Appeals; we propose to make separate orders category wise, having regard to the submission made by the learned Government Advocate that such individual orders are necessary, to give effect to the Decision of this Court in individual cases.2. A few Contempt of Court Cases were also posted along with these Writ Appeals, which would be considered and disposed of separately though arguments were addressed in all the matters together.3. In all the Writ Petitions petitioners were aggrieved by the action of the respondents (State and its officials of the Education Department) in not according permission to start and run educational institutions such as primary schools. Some of the petitioners sought permission to ...
Tag this Judgment!S.R. Ujjankop Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-15-1993
Reported in: ILR1993KAR1949; 1994(3)KarLJ325
ORDERHanumanthappa, J.1. The common Question of Law involved in these two Petitions pertain to the validity of definition of Rule 2(g) of the Karnataka Engineering Colleges and Technical Institute (Selection of Candidates for Admission) Rules, 1986, hereinafter referred to as the Rules, for short.2. A few facts which are necessary to dispose of these Petitions are as follows:Parents of the petitioners in both the petitions i.e., Sri S.R.Ujjankop - the first petitioner in W.P. No. 12167/1989 and Sri A.R.K.Sharma, father of petitioner in W.P.No. 12793/1989, were working in General Reserve Engineering Force and subsequent to 1987 they were discharged from service. Both the petitioners, on their completion of Pre-University Course, sought admission to First Year Engineering Course, in the seats reserved by the Government for Ex-defense quota. On submitting their applications, the Selection Board viz., the Director of Technical Education selected both the petitioners for admission to first ...
Tag this Judgment!Kundanmal Ganeshmal and Brothers Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Feb-12-1993
Reported in: [1995]96STC149(Kar)
K. Shivashankar Bhat, J. 1. These two S.T.R.Ps. are concerned with two years of assessment 1981-82 and 1982-83, both being Deepavali years. The question is whether the balloons dealt by the petitioner are childrens' toys falling within entry 47 of the Fifth Schedule to the Karnataka Sales Tax Act, 1957 (for short 'the Act'). This entry was introduced for the first time applicable to the years in question and for the first time the benefit is claimed by the petitioner for these years and admittedly for the previous years prior to 1981-82 entry 47 was not available. 2. The Revenue treated them as general goods and levied tax under section 5(1) of the Act. 3. Mr. Gandhi, learned counsel for the petitioner, initially pointed out that for the earlier years this Court held that balloons are unremunerated goods, as per the decision of this Court in S.T.A. No. 4 of 1985. However, the amendment of the Act by the insertion of entry 47 stated above, altered the situation altogether. The authoriti...
Tag this Judgment!Ambika Industries Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-11-1993
Reported in: [1994]92STC82(Kar)
K. Shivashankar Bhat, J. 1. The petitioner is a dealer in fried grams. It buys grams and fries the same into fried grams. For the assessment period October 24, 1976 to November 11, 1977, there was an assessment order dated January 30, 1979. The total turnover was determined at Rs. 6,55,336 and the taxable turnover was held to be Rs. 15,000. On March 3, 1981 that order was rectified under section 25A of the Karnataka Sales Tax Act, 1957 (for short 'the Act'). The turnover regarding the sales of fried gram made out of the grams purchased in the course of inter-State sales was enhanced to Rs. 1.28,178, against which there was an appeal by the petitioner. The appellate authority set aside the rectification order and remanded the matter on July 22, 1981. On August 18, 1981, the assessing authority made a fresh order on the basis of the remand order and he recomputed the turnover regarding the sales of fried grams made out of grams purchased under inter-State sales at Rs. 19,311 and levied a...
Tag this Judgment!Ranjeet Trading Co. Vs. Commercial Tax Officer, Challakere Circle, Chi ...
Court: Karnataka
Decided on: Feb-11-1993
Reported in: [1994]94STC134(Kar)
K. Shivashankar Bhat, J.1. The petitioner is engaged in the business of groundnuts and groundnut seeds. It is registered under the provisions of the Karnataka Sales Tax Act, 1957 (for short 'the Act') as well as the Central Sales Tax Act, 1956 (for short 'the CST Act'). According to the petitioner, it effected local sales of groundnut seeds of Rs. 2,91,969 covered by 3 bills bearing Nos. 410, 426 and 440 within the State of Karnataka during the assessment period October 25, 1984 to November 12, 1985. According to the petitioner, the goods were delivered in the State of Karnataka itself and the purchaser took possession of the same, as can be seen from the signatures of the purchaser's representative in the aforesaid bills. However, in the course of the assessment for the period in question the assessing authority held that the aforementioned sales were inter-State sales as the goods were despatched by the petitioner as part of the sale transactions. The petitioner's appeals to the appe...
Tag this Judgment!Sushil Vasudev Vs. Kwality Frozen Foods Pvt. Ltd.
Court: Karnataka
Decided on: Feb-10-1993
Reported in: ILR1993KAR1222; 1993(1)KarLJ609
Kedambady Jagannatha Shetty, J. 1. The appellant preferred this Miscellaneous First Appeal from the order, dated 27th September, 1989 passed on I.A. Nos. I and III in O.S. No. 443 of 1989 by the VIII Additional City Civil Judge, Bangalore City vacating ex parte Temporary injuction passed in the case. 2. Facts in brief case : The plaintiff appellant has been carrying on business in the manufacture and sale of ice-cream and allied products in Bangalore under the Trade name 'Kwality Ice-Cream Company' and under the Trade Mark inter alia consisting of the stylized word 'Kwality' and the device of seabird perching on waves and certain other get up, design and colour-scheme, ever since he purchased the going concern from the legal heirs of one K. D. Kapur, with all its goodwill, assets and liabilities, trade mark and all other appurtenances, including the leasehold right of the business premises No. 19, Kumara Krupa Road, Bangalore-1, under a sale deed, dated 19.8.1969. He has been selling h...
Tag this Judgment!Mysore Electro Chemical Works Ltd. Vs. G.K. Parmashiv and Others
Court: Karnataka
Decided on: Feb-10-1993
Reported in: [1993]76CompCas130(Kar); ILR1993KAR1051; 1993(1)KarLJ577
K. Shivashankar Bhat, J.1. In all these appeals, the appellant-company has questioned the order of the learned company judge directing the appellant to pay interest at 6 per cent. per annum on the amount due by the appellant to its creditors, from the respective dates of the applications filed in the company court. 2. There was a winding-up proceeding against the appellant-company. A scheme was formulated in the said proceedings. The said scheme was sanctioned by this court on April 13, 1973. Under the terms of this scheme, unsecured creditors were to be paid as follows : 'The scheme envisages two alternatives in so far as the unsecured creditors are concerned. They are to be found in annexure 'D' of the scheme. An unsecured creditor is given option to accept 50 per cent. of the amount due from the company within three months of the date of commencement of the production in full and final settlement of their dues or to accept payment of the full amount due and payable from the company ...
Tag this Judgment!B. Nagaraju Vs. Karnataka State Road Transport Corporation and Another
Court: Karnataka
Decided on: Feb-09-1993
Reported in: ILR1993KAR1008; 1993(2)KarLJ97; (1993)IILLJ527Kant
K.A. Swami, Actg. C.J.1. The first respondent has put in appearance. The second respondent is the Presiding Officer of the Labour Court, Bangalore. Therefore, notice to the second respondent is dispensed with. As the appeal lies in a narrow compass, it is heard for final disposal.2. The appellant was charged with the misconduct of permitting 11 adult passengers and one child passenger to travel without ticket from stage No. 10 to stage No. 16 on the route Bangalore to Bettadadurga, on March 27, 1979. In the domestic enquiry, the disciplinary authority found the charge proved and dismissed him from service. Therefore, the appellant raised a dispute which was referred to the Second Additional Labour Court, Bangalore, in Reference No. 7 of 1984. The Labour Court found that there was no evidence with regard to allowing 11 adult passengers and one minor by the appellant from stage No. 10 to stage No. 16. On the contrary, the evidence was to the effect that 11 adult passengers and one child ...
Tag this Judgment!All India Vijaya Bank Sc/St Employees Association Vs. Vijaya Bank
Court: Karnataka
Decided on: Feb-09-1993
Reported in: ILR1993KAR792; 1993(1)KarLJ596
ORDERM. Ramakrishna, J.1. These two Writ Petitions have been presented by petitioners 1 and 2 seeking common reliefs based on common facts and grounds taken therein. Therefore, these Petitions are disposed of by the following common order.2. Petitioner-1 is the All India Vijaya Bank SC/ST Employees Association represented by its General Secretary Sri D.Narayana, while petitioner-2 is Sri K.Nagappayya, an employee working in Vijaya Bank, respondent-1 represented by its Chairman and Managing Director, Bangalore. Respondent-2 is the Union of India impleaded for the purpose of seeking general relief arising out of the rights of the petitioners by virtue of their service in the Bank and in general under the Constitution.3. The case of the petitioners is that they are aggrieved by the promotion of certain candidates on the basis of seniority subject to fitness to the Junior Management Cadre Scale-1 and consequent issuance of Circular No. 197/85 dated 16.12.1985 with a list (Annexure-II) of t...
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