Karnataka Court November 1995 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Hanumanna Vs. Machappa
Court: Karnataka
Decided on: Nov-27-1995
Reported in: ILR1995KAR3507; 1996(1)KarLJ359
Padmaraj, J.1. We have heard the learned Counsel for the parties at some length and we have been taken through the relevant case papers.2. The appellant is aggrieved by the Order dated 14.11.1991 passed by the learned Single Judge in Writ Petition No. 20114/1991, allowing the Writ Petition filed by the first respondent herein.3. A detailed narrative of the facts has been given in the order of the learned Single Judge as well as in the orders made by the Deputy Commissioner and the Assistant Commissioner. Hence, it is not necessary for us to repeat the same.4. Respondents 1 and 2 are brothers and are belonging to the Scheduled Caste. 5 acres of land in Survey No. 5 of Kyatanamale Village in Parashurampur Hobli, Challakere Taluk, Chitradurga District, was granted to the first respondent herein by the Competent Authority as per the provisions of the Mysore Land Revenue Rules, subject to certain conditions, vide Order No. HKF.20/59-60, dated 29.12.1959. The Grant Certificate was, however, ...
B.M. Shivakumar Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Nov-24-1995
Reported in: ILR1996KAR397; 1996(41)KarLJ1
G.C. Bharuka, J. 1. This is the third round of litigation which has been brought to this court in order to undo the legislative efforts of roping in 'the coffee pool payments' received after partition of an erstwhile Hindu undivided family ('HUF', for short) as agricultural income in the hands of the Hindu undivided family itself for the purpose of levying tax under the provisions of the Agricultural Income-tax Act, 1957 (hereinafter referred to as 'the principal Act'). 2. The petitioner and his two sons, Sri B.S. Arvind and B.S. Ashwin, constituted a Hindu undivided family. This family being a coffee planter had agricultural income. It was accordingly being assessed to tax under the provision of the Act. A partition was effected in the family by metes and bounds under a registered deed dated March 29, 1980, and it was so claimed before the respondent-Assistant Commissioner of Agricultural Income-tax, Hassan. The said respondent after holding an enquiry as required under section 30(1) ...
Jogy Augustine Vs. Bangalore University
Court: Karnataka
Decided on: Nov-24-1995
Reported in: ILR1996KAR389; 1995(6)KarLJ662
ORDERBharuka, J. 1. The only Question that falls for Consideration in these Writ Petitions is as to whether the Vocational Higher Secondary Examination of 10+2 pattern conducted by the Government of Kerala (hereinafter referred to as the Vocational Examination) can be treated as equivalent to 2-year Pre-University Examination so as to make the candidate/s eligible for seeking admission to B.Sc. (Nursing) (Basic Degree) course conducted by the Bangalore University.2. According to the petitioners, after having passed the vocational examination they joined B.Sc. (Nursing) Basic Degree which is of 4 year duration in P.C.College of Nursing, Bangalore (Respondent No. 4 in WP 35139-40/95) But the respondent University under its letter dated 3.8.1995 had disputed their admission and accordingly the Principal of the PC Nursing College under his communication dated 1.9.1995 in No. PCNC/115/95-96 (Annexure-E to WP No. 35139-40/ 1995) has relieved the Petitioners from the course in question. The r...
Swati JaIn Vs. University of Mysore
Court: Karnataka
Decided on: Nov-24-1995
Reported in: ILR1996KAR1455; 1995(6)KarLJ537
Bharuka, J. 1. It is one of those exceptional cases where a candidate by using the Judicial Forum has firstly obtained admission to a Professional Course (BDS) in the midstream of the academic session and then by the same process sought permission to sit at the examination without fulfilling the requirement of minimum attendance as per the Statutory Regulations and now claims a right to declaration of results.2. In the case of STATE OF UTTAR PRADESH v. DR. ANUPAM GUPTA, : [1992]1SCR643 it has been held by the Apex Court that the High Courts should not issue directions to admit candidates during the midstream of the academic session, even if the seats be vacant because it affects the excellence of education.3. In the present case, as per the academic calender notified by the respondent University for BDS Degree Course for the 1994-95 (Annexure-R1), the first term of the course had to commence on 14.11.1994 and the last date fixed for admission to the course was fixed as 15.12.1994. The ...
Karnataka State Sc and St Primary School Teachers Association Vs. Stat ...
Court: Karnataka
Decided on: Nov-23-1995
Reported in: ILR1996KAR64; 1996(2)KarLJ134
ORDERBharuka.J 1. Rule.2. Heard the learned Counsel for the petitioners and Sri Srinivasa Reddy, learned Additional Government Advocate, appearing for the respondents. The Statement of Objections has been filed.3. As stated in the Writ Petitions, the 1st petitioner is a registered Society. Its object is to look after the welfare of the Primary School Teachers belonging to Scheduled Castes and Scheduled Tribes community. Petitioner No. 2 is one of its members. It is the common case of the contesting parties that large number of persons having no qualification of Teachers Training course had been appointed as Teachers with a condition that subsequently they will undergo a special training and acquire the requisite qualification in this -regard. Till 1986-87 the Government was conducting the course known as Correspondence-cum-Vocational Course for training of such teachers but the same has been abandoned since 1986-87. Now for training the untrained in-service Teachers who are mostly of S...
Gopal Industries Vs. Commercial Tax Officer, V. Circle, Hubli and Anot ...
Court: Karnataka
Decided on: Nov-22-1995
Reported in: ILR1995KAR3502
M.L. Pendse, C.J.1. The appellant is registered dealer under the Karnataka Sales Tax Act and inter alia, manufactures handmade washing soap. The appellant filed return for the assessment year 1984-85 and assessment order was completed on October 20, 1986. The appellant was assessed at the rate of 4 per cent on the basis of notification dated March 31, 1984. The notification was issued by the Governor of Karnataka in exercise of powers conferred under section 8A of the Karnataka Sales Tax Act, 1957 (for short, 'the Act'). The notification provides for reduction of tax payable by a dealer under section 5 of the Act on the sale of handmade washing soap manufactured by it to 4 per cent provided the total turnover of any such dealer in a year does not exceed rupees ten lakhs. The total turnover of the appellant for the relevant assessment year was Rs. 13,21,182.11. 2. On January 21, 1988, the Commercial Tax Officer, V Circle, Hubli, served notice on the appellant under section 12A of the Ac...
P.N. Bhadra and Etc. Vs. Registar, University of Agricultural Sciences ...
Court: Karnataka
Decided on: Nov-21-1995
Reported in: AIR1997Kant100; ILR1995KAR3487; 1995(6)KarLJ605
ORDERM. L. Pendse, C.J1. This group of appeals unfurls facts which make sad reading. The method adopted by the appellants to secure admission to the University of Agricultural Sciences indicates to what extent the students would indulge in preparing false marks sheet to secure admission. The facts speak for themselves.The University of Agricultural Sciences Act, 1963 ('the Act'), was passed by the Mysore State Legislature to establish and incorporate a University for the development of agriculture, animal husbandry and allied sciences in the State of Mysore. In accordance with the provisions of the Act, the University of Agricultural Sciences, Bangalore, was established. The University provides for securing of Degrees in B.Sc. (Agriculture), B.Sc. (Horticulture), B.Sc. (Sericulture) etc., and the normal duration for obtaining degree is a period of four years. The candidates to be eligible for admission for any of the degree programmes are required to fulfil the following requirements:'...
Mohammed Raza Ali Vs. Smt. Zareen Taj Begum and Another
Court: Karnataka
Decided on: Nov-21-1995
Reported in: AIR1996Kant274; ILR1996KAR872; 1996(2)KarLJ501
1. This appeal is directed against an order dated 31-8-1995 passed by the learned Xth Additional City Civil Judge, Mayo Hall Bangalore. Effectively, on an application filed by the 2nd respondent to this appeal the learned trial Judge directed restoration of possession of property that had been delivered in execution. The order has beenseriously assailed on a number of grounds which 1 shall deal with, but it is first necessary to set out the background to this dispute which is of some consequence.2. The disputed property is situated at. No. 27, Serpentine Street, Richmond Town, Bangalore. The property in question had been purchased by the 2nd respondent to this appeal who was the applicant before the lower Court in the year 1991. According to him, the disputed property is supposed to have been purchased from the daughter of respondent No. 1. It is necessary for me to indicate as to how the right of respondent No, 1 to the property arose. In the first instance on 31st May 1990 a suit bea...
N.G.E.F. Limited Vs. Assistant Collector of C. Ex., Bangalore
Court: Karnataka
Decided on: Nov-21-1995
Reported in: 1997(95)ELT480(Kar)
1. The appellant is a Company registered under the Companies Act and, inter alia, manufactures Transformers, Electric Switch Gears, Switch Boards and other Electrical Goods. The Company also manufactures Electrical Laminations and Stampings which are liable to payment of duty under Entry 28A of the First Schedule to Central Excises and Salt Act, 1944. On April 1, 1980, the Company filed classification list 17/1980 and the list was duly approved by the Excise Authorities. The Company had claimed that manufacture of Electrical Laminations and Stampings are liable to payment of excise duty under Tariff Item No. 28A of the First Schedule. 2. After the Classification List was approved by the Excise Authorities on June 18, 1980, the Company preferred Writ Petition No. 31466/1981 under Article 226 of the Constitution in this Court to challenge the validity of Entry 28A and the classification and levy of excise duty on Electrical Laminations and Stampings manufactured by the Company. On instit...
Oriental Insurance Company Limited Vs. Kashim and anr.
Court: Karnataka
Decided on: Nov-21-1995
Reported in: [1996]86CompCas106(Kar); [1996(73)FLR1596]; (1996)IILLJ172Kant
S. Venkataraman, J.1. Though this matter has come up for orders, as both sides are represented and point involved is a short point, it is heard on merits.'2. The first-respondent sought for compensation before the Commissioner for Workmen's Compensation for the injuries sustained by him in an accident which took place on 18-11-1990. He was travelling in the truck bearing No. CTW 6776 in his capacity as driver employed by the second-respondent who is the owner of the vehicle. His case was that on that day at the time of the accident another driver by name Khasim Sab was driving the vehicle and that he was taking rest, that there were two drivers for the vehicle and that there was a collision between their vehicle and another truck which came from the opposite direction. In that accident, he sustained injuries which has resulted in permanent disability.3. The owner of the vehicle did not contest the claim. Only the insurer-appellant filed objections. On the material on record, the Commis...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- Next ›
- Last »