Karnataka Court March 1996 Judgments
Ashok Anaraj JaIn and Another Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-25-1996
Reported in: 1997CriLJ1261; ILR1996KAR1615; 1996(2)KarLJ278
ORDER1. The Petitioners who are accused Nos. 1 and 2 in Special Case No. 7/88 on the file of the Court of the Special Judge, Bijapur have preferred this revision petition against an order dated 20-10-1990 passed by the said Court on I.A. II, an application filed by the accused praying for discharging them on the ground that the charge-sheet was filed by the Investigating Officer after the expiry of the period of limitation prescribed under the law. After hearing the learned Counsel for the parties, the Special Judge dismissed the application. Being aggrieved by that order, the accused have come up with this revision petition. 2. I have heard the learned Counsel for the petitioners Sri S. Mahesh for Sri R. B. Deshpande and Sri B. H. Satish, learned High Court Government Pleader for the respondent and have perused the records. The impugned order goes to show that the charge-sheet was filed into the Special Court on 16-7-1988 and the Court, by an order dated 3-8-1988, took cognizance of t...
Tag this Judgment!State of Karnataka Vs. Shaw Wallace and Company Ltd.
Court: Karnataka
Decided on: Mar-25-1996
Reported in: [1998]110STC506(Kar)
S. Rajendra Babu, J.1. The revision petitions are directed against the order of the Karnataka Appellate Tribunal by which the Tribunal held that certain sales effected by the respondents are second sales and those transactions do not attract tax under the Karnataka Sales Tax Act, 1957. 2. The respondent is a dealer registered under the Karnataka Sales Tax and Central Sales Tax Acts. In the annual return as revised, filed on May 2, 1984, the respondent disclosed a turnover under the KST Act in the sum of Rs. 20,45,44,295.41 and taxable turnover in a sum of Rs. 2,23,82,933.09. Under the CST Act, a taxable turnover in a sum of Rs. 16,136.88 was disclosed. The Assistant Commissioner of Commercial Taxes concluded the assessment on August 29, 1984 both under the KST and CST Acts determining the total turnover of Rs. 20,45,71,897.93 and a taxable turnover of Rs. 3,85,82,493.85 under the KST Act. For the purpose of the CST Act, he determined the taxable turnover at Rs. 16,136.88 which was subs...
Tag this Judgment!Gundappa Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-25-1996
Reported in: ILR1996KAR1817; 1996(6)KarLJ359
Mohamad Anwar, J. 1. This appeal under Section 54(1) of the Land Acquisition Act ('the Act' for short) is preferred by the appellant (claimant) from the judgment and award of the reference Court passed in L.A.C.No. 24/90 dated 8.4.1991 awarding compensation to him for his acquired land fixing the market value thereof at Rs. 5000/- per acre as against his claim to compensation at the rate of Rs. 25,000/- per acre. In this appeal he seeks enhancement of compensation for his acquired land restricting his claim to the market value thereof at Rs. 6000/- per acre.2. Heard.3. Admittedly, the appellant's lands in Sy.No. 20 situate at Bethalkunda village of Basavakalyan Taluk in Bidar District, measuring 10 acres 6 guntas in total extent, had been acquired by the respondent pursuant to preliminary notification under Section 4(1) of the Act dated 18.6.1987 for the purpose of converting the same into a public tank. The concerned L.A.O. had passed his award dated 22.2.1980 granting compensation to...
Tag this Judgment!Valmiki Education Society and Others Vs. the State of Karnataka and Ot ...
Court: Karnataka
Decided on: Mar-22-1996
Reported in: AIR1997Kant16; ILR1996KAR2459; 1996(5)KarLJ550
ORDER1. This group of W.Ps. can beconveniently disposed of through a common order.2. The petitioners were originally granted permission to run a C.P.E.D. Course at Algacadi, Chitradurga Taluka, during the academic year 1985-86. According to them, after running for three years, the institution closed down in 1990 for want of students. They thereafter, contend that they shifted to Hubli in the year 1995-96 because there is a lot of demand for the running of such courses in that place. It is their case that the local authorities supported their efforts and that they have applied to the concerned authorities for formal permission to shift the institution to that place. Petitioners have also relied on the fact that they have applied to the Chief Minister of Karnataka to consider their request and they have produced the reply dt. 15-7-1995 from the Chief Minister of this State mentioning that the matter has been forwarded to the Education Secretary -- 2 for examination and doing the needful....
Tag this Judgment!The State Vs. Nagaraj
Court: Karnataka
Decided on: Mar-22-1996
Reported in: 1996(2)ALT(Cri)33; 1996CriLJ3361; ILR1996KAR1611; 1996(2)KarLJ178
1. This is a State Appeal against an order passed by the learned Special Judge, Metropolitan Area, Bangalore in C.C. No. 27/89 on the file of his Court on 10-8-1989 stopping the further proceedings in that case under S. 258, Cr.P.C. 2. The respondent-accused in that case is alleged to have contravened R. 2 clause 3 of Kerosene (Restriction on Use) Order, 1966 which is an offence punishable under S. 3 read with S. 7 of Essential Commodities Act. It is alleged on 21-3-1988 in front of Basavangudi Police Station the accused who was the driver of an autorickshaw bearing No. MEV 8330 was found using kerosene by mixing with petrol as a fuel for his vehicle which is in contravention of the abovesaid order. 3. Before the learned Special Judge the accused contended that he was arrested on 23-3-1988 and charge sheet has been filed on 3-3-1989 nearly one year after his arrest and therefore the investigation is hit by S. 167(5) Cr.P.C. and consequently the further proceedings have to be stopped an...
Tag this Judgment!Ratnakar Amrith Kamath S. Vs. Karnataka State Road Transport Corporati ...
Court: Karnataka
Decided on: Mar-22-1996
Reported in: 1996(5)KarLJ738; (1999)IIILLJ722Kant
Kumar Rajaratnam, J. 1. This Writ Petition is directed against the award passed by the Additional Industrial Tribunal, Bangalore, in AID No. 14/1984 dated April 6, 1994. By the Judgment and award the Tribunal in a reference made by the State Government under Section 10(1)(d) of the I.D. Act allowed the reference and the order of the removal of the petitioner dated October 31, 1994 was set aside. However, the Tribunal ordered the petitioner to be reinstated in service without backwages and without continuity of service. The petitioner-workman being aggrieved by the award in denying continuity of service and backwages, has preferred this writ petition.The facts very briefly are as follows :The petitioner joined service in a Private Transport Co., known as M/s. Janatha Tourist and at the relevant time the petitioner was working as Traffic Controller in the Janatha Tourist. The Government of Karnataka issued an Ordinance wherein, those workmen who were employed in the Janatha Tourist were ...
Tag this Judgment!M. Krishnagouda Vs. Authorised Officer and Superintendent of Excise
Court: Karnataka
Decided on: Mar-22-1996
Reported in: ILR1996KAR1951; 1996(3)KarLJ179
ORDERC.N. Ashwathanarayan Rao, J.This is a Revision Petition filed by the petitioner who is the owner of a Jeep bearing No. CND 3838 against an order passed by the Authorised Officer, Gulbarga on 26.06.1991 in Confiscation Proceedings No. 305/88-89 confiscating the said Jeep under Section 43-A and 43-B of the Karnataka Excise Act, 1965 and confirmed by the learned Additional Sessions Judge, Gulbarga in Cr.A.No. 18/91 by the Judgment dated 26.11.92.2. The facts which have led to this Revision Petition may briefly be stated as follows:-'The Police Sub-Inspector, Station Bazar Police Station, Gulbarga on 19.10.1988 after collecting the Panchas, on credible information that, the Chloral Hydrate was being transported in a Jeep near Shanti Nagar, proceeded with his staff and Panchas near Shantinagar Cross Road and kept road watch. At about 7.30 a.m. the Jeep bearing No. CND 3838 was found coming from Gabbur Road towards Gulbarga City. The Jeep was stopped. The Jeep was searched and found tha...
Tag this Judgment!S. Rathnakar Amrith Kamath Vs. K.S.R.T.C.
Court: Karnataka
Decided on: Mar-22-1996
Reported in: [1996(74)FLR1903]; ILR1996KAR1874
ORDERKumar Rajaratnam, J. 1. This Writ Petition is directed against the award passed by the Additional Industrial Tribunal, Bangalore, in AID No. 14/1984 dated 6th day of April, 1994. By the Judgment and award the Tribunal in a reference made by the State Government under Section 10(1)(d) of the I.D. Act allowed the reference and the order of the removal of the petitioner dated 31.10.1994 was set aside. However, the Tribunal ordered the petitioner to be reinstated in service without backwages and without continuity of service. The petitioner-workman being aggrieved by the award in denying continuity of service and backwages, has preferred this writ petition.2. The facts very briefly are as follows :The petitioner joined service in a Private Transport Co., known as M/s Janatha Tourist and at the relevant time the petitioner was working as traffic Controller, in the Janatha Tourist. The Government of Karnataka issued an Ordinance wherein, those workmen who were employed in the Janatha To...
Tag this Judgment!State of Karnataka Vs. Nagaraja
Court: Karnataka
Decided on: Mar-22-1996
Reported in: 1997CriLJ696; ILR1996KAR1947; 1996(7)KarLJ813
C.N. Aswathanarayana Rao, J1. This is a State appeal against the alleged inadequacy of sentence passed by the Sessions Court, while sentencing the appellant accused for an offence under Section 304-A I.P.C.2. The PSI, F1 Traffic Police Station, Mysore filed a charge- sheet against the respondent accused, alleging that on 08.06.89 at about 7.30 p.m., in Mysore City, accused being a bullock-cart-hawker, drove the same on Chikkaveeranna Public Road, in a rash or negligent manner, so as to endanger human life or the personal safety of others and dashed against one Syed Hussain. As a result of the injuries suffered by him in the said accident, the said Syed Hussain died.3. When the accused was brought to Trial he made an application appearing through counsel and voluntarily pleaded guilty to the charge. The learned First Additional Chief Judicial Magistrate, Mysore in C.C.No. 2976/89 dated 03.08.89 accepted his plea of guilt and sentenced the appellant to undergo R.I. for one month and to p...
Tag this Judgment!T. Mahanthesh Vs. Additional Commissioner of Commercial Taxes and Anot ...
Court: Karnataka
Decided on: Mar-21-1996
Reported in: [1996]103STC349(Kar)
R.V. Raveendran, J.1. This appeal is directed against the order of the Additional Commissioner of Commercial Taxes, Davangere Zone, passed in exercise of his powers under section 22A(1) of the Karnataka Sales Tax Act. 2. The appellant is the proprietor of 'Balaji Bar' at Chitradurga, holding a CL-9 licence issued under the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968. The appellant is also a CL-1 licensee at Chitradurga under the said Rules, under the name and style of Shanthi Enterprises of which he is the sole proprietor. The petitioner is also a registered dealer under the Karnataka Sales Tax Act, 1957 ('the Act', for short). According to him, a branch certificate has been issued by the Commercial Tax Department according to which Shanthi Enterprises had a branch where the business of 'Balaji Bar' was carried on. 3. In regard to the assessment period 1990-91, the assessing authority passed an order of assessment dated February 25, 1992, determining the total turn...
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