Court : Karnataka
Chidananda Ullal, J. 1. All these criminal appeals are filed under section 378(3) of the Criminal Procedure Code, 1973, by the Central Government standing counsel appearing for the appellant/Central Government with special leave to file the appeals against the judgment dated April 12, 1991, passed by the Additional Munsiff and JMFC, Bellary, in C.C. Nos. 3178 to 3187 of 1986, acquitting the respondents/accused of the offences under para. 76(d) of the Employees' Provident Funds Scheme, 1952, read with sections 14(1A) and 14A(1) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. 2. As common points of law and facts are involved in all these criminal appeals, all the matters are heard together and disposed of with this common order. 3. I heard Sri Ashok Haranahalli, learned Central Government standing counsel for the appellants in all the appeals, and Sri C.M. Desai, advocate, appearing for respondent/accused No. 2 in all the appeals. Respondent No. 1 is served with...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1368; 1997(3)KarLJ153
ORDERT.S. Thakur, J.1. The only question that falls for consideration in these Writ Petitions is whether or not the Respondents have set apart and fully utilised 15% of payment seats reserved for non-Karnataka Students for admission to various Engineering Colleges in the State. These admissions like those made to various Medical Colleges in the State are regulated by the Scheme framed by the Apex Court in UNNIKRISHNAN, J.P. v. STATE OF ANDHRA PRADESH : [1993]1SCR594 as modified by subsequent orders passed by their Lordships. In UNNIKRISHNAN's case certain directions in the nature of guidelines were issued by the Apex Court for the authorities who were supposed to go into the question of formulating finer details and prepare a scheme consistent with the ground-realities. No such scheme however was drawn up by the Authorities with the result that the Court had to pass interim orders with respect to different academic years in modification of those passed in Unnikrishnan's judgment. Refer...
Tag this Judgment!Court : Karnataka
Reported in : [1997]105STC192(Kar)
P. Krishna Moorthy, J.1. These appeals are by the petitioners in the writ petitions, wherein, they had challenged the constitutionality of section 19A of the Karnataka Sales Tax Act and to restrain the respondents from deducting any amount as tax from the amounts due to each of the petitioner and for certain other incidental reliefs. 2. The petitioners had entered into contracts with the Karnataka Electricity Board for survey, design, erection, stringing and commissioning of transmission lines of different voltage ranging from 66 KV. to 400 KV. The Karnataka Sales Tax Act was amended in 1988 providing for tax in relation to the works contracts enumerated in the Sixth schedule to the Act. While so, section 19A of the Act was introduced with effect from April 1, 1988 making provisions for deduction of amounts payable to a dealer in respect of works contracts of the nature specified in the Sixth Schedule executed by them. By the above section, it was made obligatory for the Central Govern...
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR1632; [1997]107STC29(Kar)
P. Vishwanatha Shetty, J.1. Though these petitions are listed for preliminary hearing in 'B Group', with the consent of learned counsel for the parties, they are taken up for final hearing and disposed of by this order.2. The petitioner, which has been registered as a dealer under the provisions of the Karnataka Sales Tax Act, 1957 (hereinafter referred to as 'the Act'), has presented this petition challenging the order dated February 29, 1996, a copy of which has been produced as annexure E.3. Sri S. A. Nazeer, learned counsel appearing for the petitioner, submitted that the order impugned is liable to be quashed mainly on two grounds, Firstly, he submitted that though the petitioner has filed objections to the notice issued by the respondents under section 21(4) of the Act and sought for personal hearing and an opportunity to adduce further evidence in the matter, the petitioner was not learned and was denied of the opportunity to lead further evidence and therefore the order impugne...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR900; 1997(2)KarLJ407
ORDERH.N. Narayan, J1. The question that arises for consideration in this revision is whether the Civil Courts are within their powers in giving police assistance to implement the interlocutory orders of the Court. The facts in brief which are relevant for the purpose of appreciating the rival contentions are:-An ad-interim order of injunction has been granted by the Trial Court restraining the defendants from preventing the plaintiff's right to enjoy their 1/3rd share in using the water of the Well situated in the suit schedule land. This order had infact been passed by the Vacation Judge, Tumkur, further directing transmission of the records to the Jurisdictional Court. Thereafter, the defendants entered appearance through their Advocate and filed their written statement and objections to I.A.I. and also filed an application under Order 39 Rule 4 of CPC praying to vacate the expert order of temporary injunction. Before the interlocutory applications were heard, the plaintiffs hastene...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR914
R.P. Sethi, C.J.1. Relying upon a judgment of the Supreme Court in Alladi Venkateswarlu v. Government of Andhra Pradesh : [1978]3SCR190 and distinguishing the facts of the case from another judgment of the Supreme Court in Rajasthan Roller Flour Mills Association v. State of Rajasthan : AIR1994SC64 , the learned single Judge allowed the writ petitions vide the order impugned in these appeals and thereby setting aside the impugned assessment orders. The circular issued by the Commissioner of Commercial Taxes dated March 16, 1990 was also set aside after holding the same to be against law. It is contended that the order of the learned single Judge being contrary to law is liable to be quashed.2. Relevant facts which are almost admitted and necessary for proper adjudication of the appeals are that, the respondents herein who are traders in various agricultural produces including cereals such as ragi and its product ragi flour were assessed for payment of tax on the ragi flour under the pr...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR986
M.F. Saldanha, J.1. The facts of this case present a rather sad state of affairs in so far as the two accused are the young sons of the deceased Putta Naika who was aged about 70 years at the time of his death. It is alleged that on the morning of 16.8.1993 at about 10.30 a.m. the deceased had gone up the hillock and that his daughter-in-law P.W.2 - Sujatha and his wife who is D.W.1 heard him shouting, that he is being beaten by his sons. On rushing to the spot, they found that the two accused who had the handle of pick axe and a short weapon used for plucking arecanut in their hands, they had just assaulted their deceased father and pushed him over. The dece'ased had sustained severe injuries on his head, neck, arms etc., and was carried by P.W.5 and others to the house. He died before they reached the house and ultimately, the son -P.W.1 who returned only in the afternoon made his way to the Vittal Police Station where he lodged a complaint late in the evening. In the complaint, he h...
Tag this Judgment!Court : Karnataka
Reported in : 1998CriLJ146; 1997(3)KarLJ400
Saldanha, J. 1. This appeal is directed against the conviction recorded by the learned Sessions Judge, Bijapur, in S.C. No. 121/1990 against the two accused. It was alleged that on the evening of 21-8-1990 at about 6.00 p.m., the incident took place which resulted in the accused inflicting injuries on their brother Sharanappa Pujari, his wife Kashibai and son Siddalinga. The prosecution alleges that deceased Sharanappa had gone to his field that evening and that some quarrel started on the ground that the bullocks of the accused who are the adjoining owners of the next field had encroached into the field of the deceased. The accused are alleged to have assaulted the deceased initially with a barked and thereafter with wooden implements which are described as clubs. In the course of the assault, wife Kashibai tried to intervene and she sustained injuries and so did the son Siddalinga. As far as the latter two persons are concerned, the injuries are relatively minor and charges under S. ...
Tag this Judgment!Court : Karnataka
Reported in : 1998CriLJ584; II(1997)DMC569; 1997(3)KarLJ561
Saldanha, J.1. This is one more of the unfortunate and deplorable case of wife burning and the accused/husband who had married the deceased Laxmi hardly eight days earlier, was put on trial on a charge of murder. The prosecution alleges that the young couple had come to stay at her mother's place and that on the evening of 4-6-1994 at about 5.30 p.m. the accused desired to take Laxmi with him for a picture. She is supposed to have not only refused to come but abused him in the course of the argument whereupon it is alleged that he doused her clothes with kerosene in the kitchen on the first floor of the residence and thereafter caught her by the hair and pulled her against the stove as a result of which her clothes caught fire. Laxmi ran downstairs screaming for help with her clothes aflame and her mother and sister and several other persons who were neighbours who had gathered rushed there and extinguished the fire. According to them, the accused ran away from that place and that they...
Tag this Judgment!Court : Karnataka
Reported in : [1998]94CompCas163(Kar); 1997(3)KarLJ271
M.P. Chinnappa, J.1. The brief facts leading to this petition are that the petitioner borrowed a loan of Rs. 5 lakhs from the respondent and in repayment of the said loan amount, the petitioner issued a cheque on May, 15, 1993 for a sum of Rs. 5 lakhs. The said cheque when presented for encashment was returned with an endorsement 'exceeds arrangement'. Thereafter, the respondent got issued a legal notice on May 27, 1993 under RPAD and certificate of posting to the petitioner which was duly served on him. After receipt of the notice, the petitioner approached the complainant and requested him to present the cheque once again and assured that the bank will honour the cheque. Accordingly, the respondents presented the cheque once again which was dishonoured with an endorsement 'exceeds arrangement'. Hence, the respondent filed a complaint under section 200 of the Criminal Procedure Code for the alleged offence under section 138 of the Negotiable Instruments Act (for short 'the Act'). Afte...
Tag this Judgment!