Karnataka Court October 1996 Judgments
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Gounder and Company Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Oct-10-1996
Reported in: [1999]114STC265(Kar)
G.C. Bharuka, J.1. The short question which has fallen for consideration in this batch of writ petitions is as to whether, under the provisions of section 17(6) of the Karnataka Sales Tax Act, 1957 (in short 'the Act') as it stood prior to April 1, 1996, the dealers were liable to pay tax at the rates set out in the table thereto on the total turnover relating to the transfer of property in goods (whether as goods or in some other form) involved in the execution of works contracts or they were liable to pay the same on the entire consideration of the said works contract.2. The petitioners herein are all civil contractors and they had undertaken to execute works contract during the assessment years in question. They had also opted to pay taxes in terms of section 17(6) of the Act instead of under section 5-B of the Act. In all these cases, the assessing officers have levied tax at the rate of 2 per cent on the entire value of the works undertaken by the petitioners instead of restrictin...
Oriental Insurance Co. Ltd. Vs. Vasantha Pitambar and anr.
Court: Karnataka
Decided on: Oct-10-1996
Reported in: I(1997)ACC613; ILR1997KAR497
M.P. Chinnappa, J.1. The Insurance Company has preferred this appeal against the Judgment dated 20.3.91 passed by the Commissioner for Workman's Compensation, Belgaum Dist., in case No. SCA: SR -48/89 questioning its liability to pay the compensation of Rs. 68,327/-awarded in favour of the 2nd respondent herein.2. The brief facts of the case are that the 2nd respondent was an employee of the 1st respondent and he was employed as a driver to drive truck bearing No. MCH 4860 or a monthly salary of Rs. 800/-with bata of Rs. 20/- per day. On 31.3.89 with a view to change the oil and also to apply grease he had taken the truck to Sadhu Garage, Belgaum. While he was removing the tyre, the lorry fell on him and he sustained fractures resulting in disability. Therefore, he claimed compensation in a sum of Rs. 75,000/-.3. The Commissioner after holding enquiry held that the claimant was an employee of the 1st respondent & during the course of his employment he sustained injuries and he also hel...
Vithoba and anr. Vs. Smt. Bhimabai
Court: Karnataka
Decided on: Oct-10-1996
Reported in: ILR1997KAR1110; 1997(2)KarLJ387
M.B. Vishwanath, J. 1. Heard both Counsel.2. This is a defendants' appeal under Section 100 of the C.P.C.3. The plaintiff filed O.S.No. 19/1971 before the Additional Munsiff and J.M.F.C. Gulbarga, against the defendants praying for declaration of title to the suit property and for possession.4. The Trial Court decreed the suit in part.5. The Trial Court held that the plaintiff had succeeded in proving her title and granted the decree accordingly. The Trial Court refused to grant the possession prayed for. It held that the defendants had perfected the title by adverse possession. So the, Trial Court, as I have already stated, did not grant the decree for possession.6. Aggrieved by the refusal of the Trial Court to grant decree for possession, the plaintiff preferred appeal before the teamed Additional Civil Judge, Gulbarga. The learned Appellate Judge reversed the finding of the Trial Court that the defendants had perfected their title by adverse possession. Accordingly it allowed the a...
Sri P. Govindaswamy Vs. T. Devaraj
Court: Karnataka
Decided on: Oct-10-1996
Reported in: ILR1997KAR1486
ORDERM.F. Saldanha, J. 1. The dispute in this C.R.P. relates to a piece of land which measures 1 acre 32 guntas and bears No. 177, it is a coconut plantation and the plaintiff had contended that pursuant to a family partition which took place on 15.10.1965, this property came to the share of his father and that thereafter, the property belongs to him and that the revenue extracts reflect this state of affairs. It is principally on the basis of this material that the Trial Court granted an interim order in favour of the plaintiff. The respondent who is a close relation took the matter in appeal and the appeal Court came to the conclusion that the material produced by the plaintiff such as the partition deed required to be scrutinised in evidence in so far as the defendant did not admit the correctness of this document and furthermore, the appeal Court relied on one crucial factor namely that in the year 1990 the revenue records reflected the name of the defendant. The plaintiff had appe...
Ramachandrappa and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Oct-10-1996
Reported in: ILR1996KAR3369; 1996(7)KarLJ242
R.P. Sethi, CJ.1. Claiming to be still in lawful possession and enjoying their lands, the subject matter of acquisition proceedings on the basis of notification No. LAQ(1) SR 25/86-87 the appellants filed Writ Petitions in this Court praying for quashing the aforesaid notification and declaration. They also prayed that the acquisition proceedings be declared to have lapsed on the grounds detailed in the Writ Petition. it was submitted that as the impugned notification was issued by the Special Deputy Commissioner who had not been specially appointed to perform the functions of Deputy Commissioner as contemplated under Section 3(C) of the Land Acquisition Act (hereinafter called 'the Act'), the impugned notification passed by him being without jurisdiction was void-ab-initio. The Special Land Acquisition Officer was also alleged to have not been specially appointed to perform the functions of Deputy Commissioner under the Act, all proceedings conducted by him were illegal in their entir...
C.N. Ramachandra Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Oct-09-1996
Reported in: AIR1997Kant181
ORDER1. This review application arises from the order dated 28-6-1994 delivered by Hon'ble. Mr. Justice R. Vsanth, Kumar dismissing the writ petition whereby the petitioner had challenged the order dated 21-6-199.4, passed by 3rd respondent in the appeal viz., by the Deputy Commissioner in Appeal No. 13/93-94. The contentions that had been raided before Brother R. V. Vasanth Kumar was to the effect that the Rent Controller (sic) while notifying the premises, mentioned the rate of rent for the permises some other than Rs.3300/-. Petitioner's case is that Rs. 3,500/- was shown as rental for the building as per column No. 9 of the Form No. 1. He had submitted that in notifying the rental either as Rs.2,000/- or as Rs. 1,500/-, the Rent Controller had committed irregularity and he ought to have notified the rental as Rs. 3,500/- and he has not done that. The notification of vacancy was illegal and allotment was illegal, Before Hon'ble Justice R. V. Vasanth Kumar reference was also made to ...
Narendrakumar Nakhat Vs. M/S. Nandi Hasbi Textile Mills Ltd. and Other ...
Court: Karnataka
Decided on: Oct-08-1996
Reported in: ILR1997KAR1; 1997(1)KarLJ755
ORDERRajendra Babu, J.1. This Company Application is filed in Company Petition No.25 of 1985 which had, been, filed for winding up M/s. Nandi Hasbi Textile Mills Ltd., which is now under liquidation. This Court by an order made on 26-10-1994 passed in O.S.A. No. 17/1993 directed the official Liquidator to advertise for sale of the mill of the said company comprising of 25 spindles, about 13 acres of free hold land and buildings with a layout of l,010,000.Sq. ft. and plant and machinery on 'as is where is basis': The sale of the said assets were offered subject to certain terms and conditions. The most important of them being conditions 3,5,6 and 7 which are extracted below:'XX XX 3. That the offer should be accompanied with a bank draft of Rs. 5,00,000 drawn in favour of the Official Liquidator Karnataka Bangalore, payable at: Bangalore, as earnest money deposit. The HMD will be adjusted towards the bid amount in case of successful bidder 4. xx xx 5. That the successful bidder shall h...
Narendra Kumar Nakhat Vs. Nandi Hasbi Textile Mills Ltd. (In Liquidati ...
Court: Karnataka
Decided on: Oct-08-1996
Reported in: AIR1997Kant185; [1998]92CompCas461(Kar)
S. Rajendra Babu, J. 1. This company application is filed in Company Petition No. 25 of 1985, which had been filed for winding up Nandi Hasbi Textile Mills Ltd., which is now under liquidation. This court by an order made on October 26, 1994, passed in O.S.A. No. 17 of 1993 directed the official liquidator to advertise for sale of the mill of the said company comprising 25 spindles, about 13 acres of free-hold land and buildings with a layout of 1,010,000 square feet and plant and machinery on an 'as is where is basis' : The sale of the said assets was offered subject to certain terms and conditions. The most important of them being conditions Nos. 3, 5, 6 and 7 which are extracted below : '3. That the offer should be accompanied with a bank draft of Rs. 5,00,000 drawn in favour of the official liquidator, Karnataka, Bangalore, payable at Bangalore, as earnest money deposit. The earnest money deposit will be adjusted towards the bid amount in the case of the successful bidder . . . 5....
Vijaya Mines and Minerals Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Oct-08-1996
Reported in: ILR1997KAR1541
ORDERP. Vishwanatha Shetty, J. 1. Though this petition is listed for preliminary hearing in 'B Group', with the consent of the learned Counsel for the petitioner and the learned High Court Government Pleader for respondents 1 to 3, it is taken up for final hearing and disposed of by this order. Respondent-4, though served, has remained absent. Notices to other respondents are dispensed with.2. This petition is directed against order dated 3.8.1992, a copy of which has been produced as Annexure-E, passed by the second respondent confirming order dated 25.11.1991, a copy of which has been produced as Annexure-D, passed by the third respondent declaring the transfer of land bearing Survey No. 301/2 situated at Ponnachi village, Kollegal Taluk, Mysore District, in favour of the petitioner, as null and void and further directing that possession of the land in question should be handed over to respondents 4 to 7, in exercise of the power conferred on him under section 5(1) of the Karnataka S...
B.N. Narayan Vs. Smt. Lakshmi and Others
Court: Karnataka
Decided on: Oct-07-1996
Reported in: [1998]93CompCas182(Kar)
M.F. Saldanha, J. 1. This C.R.P. was disposed of by me on July 23, 1996, when the petitioner's learned advocate was not present. The court had heard the respondent's learned advocate and prima facie, since the order passed by the Small Causes Court appeared to be sustainable, the C.R.P. was dismissed. Thereafter, an application was made for re-consideration of that order which was granted by me principally because, the petitioner's learned advocate stated that there are certain other aspects of the case which required to be seriously considered by the court and obviously, the matter had gone by default. It was only fair that the court should take these into consideration. The C.R.P. was therefore, re-listed and has been heard by me once again today. 2. This is a case in which, respondent No. 1 alleges that she had deposited a sum of Rs. 6,000 in a high interest scheme with Deccan Finance Industrial Investment Company who are the second respondents to this C.R.P. The not unfamiliar situ...
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