Karnataka Court June 1993 Judgments
Mahalakshmi Flour Mills Vs. Union of India
Court: Karnataka
Decided on: Jun-30-1993
Reported in: 1993(44)ECC121; 1993(68)ELT328(Kar); ILR1993KAR2228; 1993(3)KarLJ94
ORDER1. The petitioner in this writ petition has sought for the following reliefs : (a) To issue a writ, order or direction in the nature of certiorari and quash the order passed by the 2nd respondent dated 12-8-1992 as per Annexure N. (b) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent No. 2 to exercise his powers under Clause 21 of the Export and Import Policy for the period 1-4- 1992 to 31-3-1997 in accordance with law and pass an order relaxing the ban on export of sandalwood in favour of the petitioner with reference to the seven contracts as per Annexures F and F-1 to F-6. (c) To issue a writ of mandamus or any other writ, order or direction, directing the respondent 2 to issue necessary Permission/licence in favour of the petitioner to export the sandalwood chips and powder in order to fulfil the seven contracts as per Annexures F and F-1 to F-6. (d) To issue a writ order or direction in the nature of mandamus directing ...
Tag this Judgment!Naganagowda Veeranagouda Patil Vs. Leela Basappa Kagganagi
Court: Karnataka
Decided on: Jun-30-1993
Reported in: I(1994)ACC153; ILR1993KAR2382; 1993(3)KarLJ86
Vasanthakumar, J.1. This Regular First Appeal is directed against the Judgment and decree dated 9.4.1986 passed in O.S.No. 247/1983 by the Court of the First Additional Civil Judge, Belgaum, wherein the Court of the First instance dismissed the suit.2. A few facts to briefly state are:-The parties are described in their original ranks. As against the decree in O.S.No. 247/83, the plaintiff has preferred this Appeal and defendants have filed their cross-objections, as such it is proposed to pass the following Judgment. Plaintiff Naganagouda Veeranagouda Patil filed a suit numbered as O.S. 247/83, on the file of the Civil Judge, Belgaum against the defendants who are legal representatives of one deceased Basappa Balappa Kagganagi for recovery of Rs. 1,90,000/- the amount being towards compensation for the wrongful detention of a Truck bearing Registration No. MYB 6008, the basis of the claim being restricted to for a period of two years that is from 4.9,1981 to 4.9.1983.3. It is seen fro...
Tag this Judgment!Karnataka Breweries and Distilleries Pvt. Ltd. Vs. State of Karnataka
Court: Karnataka
Decided on: Jun-30-1993
Reported in: ILR1993KAR2117; 1993(3)KarLJ126
ORDERShivashankar Bhat, J.1. In this batch of Writ Petitions the main relief sought is for a declaration that the Karnataka Excise Amendment Ordinance 1993 is arbitrary and unconstitutional. Further an appropriate Writ of Mandamus is sought against the respondents from taking any steps for the supply of arrack in polythene sachets or bottles through respondents-4 and 6. The impugned Ordinance is referred hereinafter as 'the Ordinance'. Respondent No.4 is referred as MYSUGAR and the 5th respondent as MSIL.2. Writ Petition No. 17070/93 is alleged to be a public interest litigation filed by a person who is concerned about the consumption of arrack and the hazards that is likely to be caused on account of the decision of the State Government in making available arrack in sachets and bottles without proper Rules and Regulations. For the sake of convenience the term 'petitioners' referred in this order shall refer to the licensees who are immediately affected by the enforcement of the Ordina...
Tag this Judgment!Y. Moideen Kunhi and Co. and Others Vs. Income-tax Officer and Others
Court: Karnataka
Decided on: Jun-29-1993
Reported in: [1993]204ITR29(KAR); [1993]204ITR29(Karn); 1993(37)KarLJ437
R.V. Raveendran, J.1. The twenty petitioners are all income-tax assessee. The petitioners are either individuals or proprietary concerns or partnership firms or private trusts or private limited companies incorporated under the Companies Act. They all belong to a group known as Yenepoya Group. They have their place of residence/ place of business/office at Mangalore. Their assessment files are with several different assessing authorities at Mangalore. 2. The Chief Commissioner of Income-tax, Bangalore (third respondent) initiated proceedings under section 127 of the Income-tax Act, 1961 ('the Act', for short), for transfer of the Income-tax cases of all the petitioners from their respective jurisdictional assessing authorities to the Assistant Commissioner of Income-tax, Central Circle-III, Bangalore (second respondent). The respective earlier assessing authorities are impleaded as respondents (first respondent in the respective cases). The third respondent caused show-cause notices da...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Karimsa Ameersab Pathan
Court: Karnataka
Decided on: Jun-28-1993
Reported in: II(1993)ACC600; 1993ACJ1244; ILR1993KAR2115
M. Ramakrishna, Ag. C.J.1. The insurer-appellant is calling in question in this Appeal the order made by the Member of the MACT, Bijapur, in MVC. 333/1985 on 19.6.1985 awarding an interim compensation of Rs. 15,000/- under Section 92-A of the M.V.Act, 1939 (the Act for short) to the claimants-respondents herein and directing the owner of the motor vehicle involved in the accident and the insurer to pay the said compensation within two months from the date of the order.2. The main ground of attack by the appellant is that the applicant has not based his claim on tort and hence the claim is not maintainable before the Tribunal. In other words, the contention is that the compensation for the death of the deceased employee under the owner of the motor vehicle which met with the accident, in the instant case, ought to have been claimed under the Workmen's Compensation Act, 1923 (the Act of 1923 for short) and hence the compensation granted under the Act by the Tribunal cannot be sustained. ...
Tag this Judgment!Bandyamma Vs. Assistant Commissioner
Court: Karnataka
Decided on: Jun-27-1993
Reported in: ILR1993KAR2694b; 1994(1)KarLJ1
ORDER NO. R. 2122 - 81/L.R. 368 - 28-5 DATED 12-9-1929 - Grant of lands always subject to condition of non-alienation, period varying from time to time - As on date of grant viz 27-10-1937 G.O. dated 12-9-1929 In force with period of non-alienation 20 years.Grant of Government lands in favour of persons of this Section was always subject to the condition of non-alienation for a specific period. Of course, that period varies from time to time. Even during 1938 when Rule 43(8) was amended by Notification No. R-2828-LR-89-38-10 dated 13-12-1938, the prohibition was permanent. Therefore, a condition not to alienate for certain period the lands granted to persons of weaker section was always imposed that at least for the said period, the grantees would enjoy the fruits of grant. Otherwise, the very object of grant to these people would become a negation.... The Government Order referred to above imposing the condition of non-alienation for a period of 20 years of the lands granted to depres...
Tag this Judgment!M/S. Muddureshwara Mining Industries Vs. P.G.R. ScIndia and Others
Court: Karnataka
Decided on: Jun-25-1993
Reported in: AIR1993Kant346; ILR1993KAR1967; 1993(3)KarLJ108
1. All these appeals except Appeal No. 1022/1992 are preferred against the order dated 13-3-1992 passed by the learned single Judge in W. P. No. 14241 of 1991 and W. P. No. 14783 of 1991. W.A. No. 1022/ 1992 is preferred against the. order dated 18-3-1992 passed in W. P. No. 17142/1991. It may be mentioned here that the order in W. P. No. 17142/1991 is passed following the order in W.P. Nos.14241 and 14783 of 1991. Under these circumstances, all these appeals are taken up together for final disposal.2. The facts relevant for the disposal of these appeals, briefly stated, are as under :In exercise of the powers vested under Section 15 of the Mines and Mineral (Regulation and Development) Act, 1957, (hereinafter referred to as the Act) the Government of Karnataka made the Rules known as 'Karnataka Minor Mineral Concession Rules, 1969' (hereinafter referred to as the Rules) by a notification dated 19-4-1969. Chapter II of the said Rules contains provisions relating to grant of quarrying l...
Tag this Judgment!Farm House Biscuit Company Pvt. Ltd. Vs. Commissioner of Commercial Ta ...
Court: Karnataka
Decided on: Jun-25-1993
Reported in: [1994]92STC161(Kar)
K. Shivashankar Bhat, J. 1. The assessee is a dealer under the provisions of the Karnataka Sales Tax Act, 1957. During the assessment years 1985-86 and 1986-87 it was realised that there were some delays on the part of the assessee in filing the monthly returns and making payments which attracted the provisions of section 12B of the Act. Consequently, notices were issued under section 12B(3) seeking the explanation of the petitioner and pointing out the several days of delay involved. We find that the delays are marginal in the sense on a few occasions the delay in making the payment ranged between 20 to 25 days. In one case it exceeded one month and in the month of August the delay involved was 7 months and 21 days. The assessee filed his explanation and pointed out that the assessee was getting the stock from its head office at Nagpur and the sales were effected at Bangalore thereafter. All the cheques collected at Bangalore were sent to the head office at Nagpur and there used to be...
Tag this Judgment!The Oriental Insurance Co. Ltd. Vs. Gowramma and Others
Court: Karnataka
Decided on: Jun-23-1993
Reported in: 1994ACJ63; AIR1994Kant29; ILR1993KAR2004; 1993(3)KarLJ355
ORDERRamakrishna, J. 1. The appellant-insurer has challenged in this appeal the judgment and award dated 8-9-1987 made in M. V.C. No. 186 of 1985 by the District Judge and Motor Accidents Claims Tribunal, Mandya, by which he awarded compensation in a sum of Rs. 71,600/ - together with interest at the rate of 6% per annum from the date of petition till payment.2. The appellant has taken two specific grounds in this appeal. They are : (1) Respondent 8 Siddappa obtained a policy of insurance in respect of the vehicle in question by misrepresentation though, in fact, he was not the owner thereof on the date of the policy much less on the date of accident. Therefore, the appellant is not liable to pay any com-pensation awarded against such a policy. (2) Under Sec. 95(2)(b)(i) of the Motor Vehicles Act, 1939 (the Act for short), the liability of the insurer is limited to Rs. 50,000/- as it is a statutory liability and any amount in excess of the said amount shall be paid by the owner of the ...
Tag this Judgment!A.N. Ananda Kumar Vs. Institute of Chartered Accountants of India
Court: Karnataka
Decided on: Jun-23-1993
Reported in: ILR1993KAR2054; 1993(3)KarLJ506
ORDERM. Ramakrishna, J.1. Sri A.N. Ananda Kumar, petitioner herein, has sought to quash the endorsement, Annexure-G, issued by the Secretary of the Institute of Chartered Accountants of India, New Delhi, respondent-1 herein, on 25.2.1984, by Writ of Certiorari, and to direct by Writ of Mandamus respondent-1 to dispose of his complaint dated 7.10.1983 in accordance with law and to issue such other directions as this Court deems fit in the circumstances of the case, for the reasons set out in the Petition.2. The petitioner is a Post Graduate in Commerce faculty and a Graduate in law. Respondent-1 is a body Corporate established under Section 3 of the Chartered Accountants Act, 1949 (the Act for short). Pursuant to the provisions of Section 9 of the Act, a Council of the Institute has been set up for the management of the affairs of the first respondent Institute and for discharging the functions assigned to it under the Act. Amongst other things, the duties vested in the Council under th...
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