Karnataka Court September 1995 Judgments
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General Manager, Wheel and Axle Plant and anr. Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-18-1995
Reported in: 1995(5)KarLJ605; (1996)ILLJ943Kant
M.B. Vishwanath, J.1. In this criminal petition the petitioners accused have prayed that the entire proceedings in C.C.No. 4916/1989 on the file of the III C.M.M. Bangalore City should be quashed.2. A few facts necessary for the purpose of this petition are : The Inspector of Factories, Bangalore Division-I, Bangalore-10, filed a complaint against the petitioners alleging that one P. Jagadeeshen, HSA-I, died as a result of burn injuries on account of improper maintenance of the Furnace 'B' while in use and failing to take adequate care about the following cases :'A (a) leakage of water to the heart of molten metal from any one source of the following :(i) Bessel ring;(ii) Slag gate jacket;(iii) Electrode-holders Jacket;(iv) Busbar jacket led to the cause of mild explosion above molten bath ; etc.B (a) Allowed the deceased with asbestos apron., instead of aluminized suit for working near the Furnace-B.(b) Allowed the deceased to work near dangerous zone without proper training.Thus the ...
Ramaiah Vs. Lakshmana Gowda
Court: Karnataka
Decided on: Sep-18-1995
Reported in: ILR1995KAR2967
ORDERVishwanath, J1. Heard. In this Criminal Petition the order dated 7.7.1990 passed by the learned II Addl. C.M.M., Bangalore, ordering registration of the case and issue of process against the petitioner-accused has been challenged. As per the impugned order the learned Magistrate has taken cognizance of the offence. The petitioner-accused has prayed that the entire proceedings in C.C.No. 3856 of 1990 should be quashed.2. The complainant-respondent has filed a private complaint against the petitioner-accused alleging that though petitioner is not the son of Javaraiah (who died in 1971) has claimed all the retirement benefits due from the employer of Javaraiah on the ground that he is the son of Javaraiah.3. It is seen from the records that on 3.8.1989 the learned Magistrate recorded the sworn statement of the complainant and heard arguments. On 21.8.1989 the learned Magistrate has passed the order to the effect that he has perused the sworn statement of the complainant and the docum...
General Manager, Wheel and Axle Plant Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-18-1995
Reported in: 1996(1)ALT(Cri)377; ILR1995KAR2818
ORDERVishwanath, J.1. In this Criminal Petition the petitioners - accused have prayed that the entire proceedings in CC.No. 4916/1989 on the file of the III C.M.M., Bangalore City should be quashed.2. A few facts necessary for the purpose of this Petition are; The Inspector of Factories, Bangalore Division-1, Bangalore-10, filed a complaint against the petitioners alleging that one P. Jagadeeshan, HSA-I, died as a result of burn injuries on account of improper maintenance of the Furnace 'B' while in use and failing to take adequate care about the following cases:'A(a) leakage of water to the heart of molten metal from any one source of the following: i) Bessel ring; ii) Slag gate jacket; iii) Electrode holders Jacket; iv) Busbar jacket led to the cause of mild explosion above molten bath; etc B(a) Allowed the deceased with asbestos appron., instead of aluminized suit for working near the Furnace-B. (b) Allowed the deceased to work near dangerous zone without proper training. Thus the ...
Mohammed Immam HussaIn Vs. State of Karnataka
Court: Karnataka
Decided on: Sep-18-1995
Reported in: ILR1995KAR2821; 1995(5)KarLJ603
ORDERVishwanath, J.1. Heard the learned Counsel for the petitioners and the learned High Court Government Pleader.2. This Criminal Petition arises this way:-The second respondent-complainant filed a private complaint against 16 accused before the learned Munsiff and J.M.F.C., Molakalmuru (subsequently numbered as C.C.No. 26/1991).3. In the private complaint filed by the present 2nd respondent-complainant he alleged that he has been working as Pharmacist in the Primary Health Centre, Molalkamuru since 1986. One Dr. Abdul Sattar was his immediate Administrative Superior. Dr. Abdul Sattar was nursing ill-will against the complainant. Making use of this situation accused No. 1 - Mohd Imam Hussain and other accused sent two petitions dated 18.10.1988 and 18.8.1989 to the Chief Minister, Karnataka and Zilla Parishad, Chitradurga. In the petition sent to Chief Minister the petitioners-accused have stated that the complainant is a witchcraft-man and that he illegally causes abortions to ladies...
Paduthota Ramachandra and Others Etc. Vs. Union of India and Another E ...
Court: Karnataka
Decided on: Sep-14-1995
Reported in: AIR1996Kant282; ILR1995KAR2712; 1995(5)KarLJ356
ORDERM. L. Pendse, C. J.1. An interesting question as to the ambit of Art. 341 of the Constitution of India and the powers of the State Government and the Central Government to identify equivalent or synonyms castes, races or tribes set out in the Presidential Order falls for determination in these appeals preferred to challenge the legality of order dated Nov. 12, 1990 delivered by learned single Judge in W.P. No. 8234 of 1983 filed under Art. 226 of the Constitution. The facts which gave rise to filing of this petition are not in dispute and are required to be briefly set out to appreciate the controversy in these two appeals.2. Article 341(1) prescribes that the President may, in respect of a State, in consultation with the Governor, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes in relation to the State. Article 366(24) defines that the...
State of Karnataka Vs. Mahantappa and ors.
Court: Karnataka
Decided on: Sep-14-1995
Reported in: ILR1996KAR2730; 1996(5)KarLJ381
Kumar Rajaratnam, J.1. This is an appeal preferred by the State against the order passed by the learned Special Judge at Raichur, in Special Atrocities Criminal Case No. 1 of 1990, acquitting the respondents- accused of the offences under Sections 376, 506 Part II IPC and under Section 3(2)(v) of the S.C. and ST. Prevention of Atrocities Act, 1989.2. The facts very briefly are:Mariyawa, PW-1, who is the Harijan woman, the victim of rape, sometime about 15 days prior to 2.1.1990 (the date of occurrence) returned from her parents' house at Talikere to Mukta Rampur for the purpose of 'Karthika' festival. She was married and was happily living at Mukta Rampur along with her husband and had come to her parents' House for the 'Karthika' festival. On 2.1.1990 at about 5 p.m. PW-1 had gone towards 'Hire Halla' for washing her clothes. While she was passing the banks of 'Hire Halla', she noticed that both the accused sitting near the 'Kangina Podhi'. When she came close to the 'Halla', both the...
Kothari Industrial Corporation Ltd. Vs. Agricultural Income-tax Office ...
Court: Karnataka
Decided on: Sep-13-1995
Reported in: ILR1998KAR1510; [1998]230ITR306(KAR); [1998]230ITR306(Karn)
ORDERR.V. Raveendran, J.1. The petitioner in these petitions is an assessee under the Karnataka Agrl. IT Act, 1957 ('the Act' for short). In regard to the asst. yr. 1975-76, 1976-77 and 1977-78, the assessing authority (the respondent) passed three orders of assessment on 29th July, 1985. On 31st December, 1985, the petitioner applied for rectification of the said orders under s. 37 of the Act on the ground that there was a mistake apparent from the record in regard to the non-allowance of depreciation. This contention was accepted and the orders of assessment dt. 29th July, 1985 were rectified by three orders of rectification dt. 9th January, 1986 by allowing the depreciation claimed by the petitioner. 2. Thereafter, the assessing authority issued three notices dt. 21st August, 1990 under s. 37 of the Act proposing to rectify certain mistakes apparent from the record relating to (a) Expenditure under superannuation scheme; (b) Brokerage on fixed deposits and Members' deposits; (c) Ret...
Basith Khan Vs. Commissioner of Commercial Taxes
Court: Karnataka
Decided on: Sep-13-1995
Reported in: [1996]101STC267(Kar)
S. Rajendra Babu, J. 1. The appellant is a dealer in Agnidevi which is the brand name of certain wastes of several carbon materials consisting of charcoal, coal, tamarind husk, etc. The assessing authority took the view that the goods in question consists of waste carbon material and hence fan under section 5(1) of the Karnataka Sales Tax Act and not under entry 1 of Schedule IV of the Karnataka Sales Tax Act and brought to tax accordingly. Aggrieved by this order, the appellant carried the matter in appeal. 2. The appellate authority held that the said goods fall under entry 1 of the Fourth Schedule of the Act since they are covered by the expression 'coal in all its forms' and directed the assessing authority to levy tax at 4 per cent. 3. The Additional Commissioner of Commercial Taxes in exercise of powers of suo motu revision under section 22A of the Act initiated proceedings and passed an order holding that the order of the appellate authority is erroneous and prejudicial to the i...
Vijaya Bank Vs. Commercial Tax Officer, 16th Circle, Bangalore and Ano ...
Court: Karnataka
Decided on: Sep-12-1995
Reported in: [1997]107STC472(Kar)
ORDERR.V. Raveendran, J.1. Petitioner is a nationalized bank. In the course of its lending activities, gold and silver articles were pledged to the blank by its borrowers. When the borrowers commit default, the bank sells the pledged articles. In that connection the first respondent has issued notice dated June 26, 1988 (annexure 'A') to the petitioner calling upon the petitioner to register itself as a dealer under the Karnataka Sales Tax Act, 1957 and pay taxes on its turnover relating to sale of pledged articles, as the bank was periodically disposing of the pledged articles by way of auction sale. The first respondent also issued a notice dated August 17, 1989 (annexure 'C') calling upon the bank to furnish information regarding disposal of gold/silver articles and bullion. This was followed by two notices dated September 15, 1989 (annexure 'E' and 'E1') calling upon the petitioner to register itself as a dealer and confirm to the provisions of the Act. Feeling aggrieved, the petit...
S.R. Bhagwat Vs. the State of Mysore
Court: Karnataka
Decided on: Sep-12-1995
Reported in: ILR1995KAR2971
S.B. Majumdar, J.1. William Macpeace Thakare in his lectures on 'English Humorists of 18th Century' spoke of Jonathan Swift working in the household of Sir William Temple in the following terms : 'His servility was so boisterous that it looked like independence'. As will be highlighted in this Judgment the servility of judgment-debtor, State of Mysore, the precursor of the State of Karnataka was equally boisterous when it tried to cast off its judgment debtor's role by resorting to legislative independence, which as will be demonstrated, has remained a legally futile attempt.2. This is a Petition under Article 32 of the Constitution of India. The petitioners have brought in challenge the provisions of the Mysore Ordinance 1 of 1973, namely, The Mysore State Civil Services (Regulation of Promotion, Pay and Pension) Ordinance No. 1 of 1973. By an amendment to the Petition they have also brought in challenge the provisions of the Karnataka State Civil Services (Regulation of Promotion, Pa...
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