Karnataka Court July 1997 Judgments
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Novelty Dress Manufacturing Company Vs. Karnataka Appellate Tribunal a ...
Court: Karnataka
Decided on: Jul-07-1997
Reported in: [1998]109STC14(Kar)
ORDERG.C. Bharuka, J.1. These two revision petitions filed under section 23(1) of the Karnataka Sales Tax Act, 1957 (in short 'the Act'), are directed against the common order dated January 5, 1996 passed by the Tribunal in relation to the assessment periods 1990-91 and 1991-92. The Tribunal has affirmed the views taken by the authorities under the Act that the cotton rags (chindies) were liable to tax at the rate of 7 per cent on its turnover under section 5(1) of the Act as unspecified goods. 2. The petitioner is engaged in the business of readymade garments. During the assessment years in question, its sale turnover of chindies was taken as Rs. 50,000 for each of the years by way of best judgment assessment since the petitioner had failed to show any sale on this count. 3. The learned counsel for the petitioner has assailed the order of the Tribunal on the basis of an unreported judgment of a learned single Judge passed in the case of Ashok Exports v. A.C.C.T. (W.P. No. 35953 of 199...
Balwant Singh and anr. Vs. Daulat Singh (Dead) by Lrs. and ors.
Court: Karnataka
Decided on: Jul-07-1997
Reported in: ILR1998KAR707
K. Venkataswami, J.1. Both these appeals are preferred against the judgment and decree of the Punjab and Haryana High Court in RSA No. 25 of 1976 dated 29.11.1983.2. The facts are given below. The defendants in Suit No. 158 of 1973 on the file of the Court of Sub-Judge, First Class, Gurdaspur, are the appellants in these two appeals. The plaintiffs, contesting respondents herein preferred the said suit under the following circumstances. 3. One Khushal Singh was the owner of an extent of land measuring 270 kanals 9 marlas in Village Gandhian, Tehsil and District Gurdaspur. The abovesaid land after consolidation was found measuring only 264 kanals and 7 marlas. The suit property is to the said extent of 264 kanals and 7 marlas. The original owner, Khushal Singh, died issueless on 5,9.1950. Subsequently, the suit lands were mutated in the name of one Durga Devi, widow of deceased Khushal Singh on 19.7.1952. The said Durga Devi purporting to fulfil her husband's desire of taking in adoptio...
Abdul Gani Vs. the General Manager, Vishweshwaraiah Iron and Steel Lim ...
Court: Karnataka
Decided on: Jul-04-1997
Reported in: 1998(1)KarLJ58
ORDER1. These are the two appeals arising out of the order of the learned Single Judge dated 18-10-1995 in Writ Petition No. 9194 of 1990. Abdul Gani had been employed in the Visweswaraiah Iron and Steel Limited, Bhadravathi. Workman Abdul Gani is the appellant in Writ Appeal No. 7 of 1996, while the Management is the appellant in Writ Appeal No. 4362 of 1995.2. Workman applied for leave for 20 days from 5-10-1971. He did not report for duty after expiry of leave. His claim that he had submitted an application on 4-11-1971 for extension of leave was disputed by the management. Taking recourse to Clause XII of the Certified Standing Orders relating to leave, management, by the memo dated 4-11-1971, intimated the workman about his having lost lien of his job leading to termination of his services. Workman raised an industrial dispute in this regard at ID No. 52 of 1981 before the Labour Court at Bangalore. Admittedly, the termination had not been preceded by any domestic enquiry. Labour ...
N. Lokesh Vs. Bangalore University and Others
Court: Karnataka
Decided on: Jul-04-1997
Reported in: ILR1997KAR2253; 1998(1)KarLJ741
ORDER1. Petitioner passed his B.E. degree examination in February, 1994 from the Bangalore University. He claims to have taken the entrance examination for admission to Post-Graduate course in M.E. Computer Engineering and Science ('CE and S' for short). The third respondent informed the petitioner that he was provisionally selected to M.E. degree course. Petitioner paid the required fees on 30-1-1997 and was admitted to M.E. (CE and S) course and has been attending the classes regularly. When the matter stood thus, third respondent-college issued a memo dated 12-6-1997 (Annexure-H) cancelling his admission to M.E. (CE and S) course on the ground that his basic B.E. degree was in Electronics and not in Computer Science and therefore he was ineligible for admission according to the Regulations. The said memo is based on the communication dated 6-6-1997 (Annexure-J) from the second respondent to first respondent-University with a copy to third respondent directing cancellation of petitio...
Abdul Gani Vs. General Manager, Vishweshwaraiah Iron and Still Limited ...
Court: Karnataka
Decided on: Jul-04-1997
Reported in: ILR1997KAR2500
ORDERG. Patri Basavana Goud, J.1. These are the two appeals arising out of the order of the learned Single Judge dated October 18, 1995 in Writ Petition No. 9194 of 1990. Abdul Gani had been employed in the Visweswaraiah Iron and Steel Limited, Bhadravathi. Workman Abdul Gani is the appellant in Writ Appeal No. 7 of 1996 while the management is the appellant in Writ Petition No. 4362 of 1995. 2. Workman applied for leave for 20 days from October 5, 1971. He did not report for duty after expiry of leave. His claim that he had submitted an application on November 4, 1971 for extension of leave was disputed by the management. Taking recourse to Clause XII of the Certified Standing Orders relating to leave, management, by the memo dated November 4, 1971, intimated the workman about his having lost lien of his job leading to termination of his services. Workman raised an industrial dispute in this regard at ID No. 52 of 1981 before the Labour Court at Bangalore. Admittedly, the termination ...
Krishnaswamy Vs. Cauvery Grameena Bank, Mysore and Another
Court: Karnataka
Decided on: Jul-04-1997
Reported in: ILR1998KAR1047; 1998(4)KarLJ350
ORDER1. The matter is posted in Preliminary Hearing 'B' group. By consent of the learned Counsels for the parties, the matter is taken up for final hearing.2. While working as a clerk in the Cauvery Grameena Bank, Mysore, petitioner was served with a charge-memo dated 13-11-1992. In that, there were 10 charges against the petitioner. All these charges pertain to misappropriation of funds of the Bank. This charge-memo had been replied by the petitioner denying the allegations made in the charge-memo. The disciplinary authority not being satisfied with the explanation offered by the petitioner, had appointed an enquiry officer to enquire into the allegations made in the charge memo. The enquiry officer after holding a detailed enquiry in accordance with the rules of natural justice, had submitted his report and the findings thereof to the disciplinary authority. The disciplinary authority concurring with the findings of the enquiry officer has proceeded to pass the impugned order dated 2...
P. Renukadevi Vs. Shanthappa Alias Hippargi and ors.
Court: Karnataka
Decided on: Jul-04-1997
Reported in: II(1998)ACC615; 1998ACJ392; ILR1997KAR2812
Chidananda Ullal, J. 1. These two appeals are directed against the common judgment and award dated 26.7.91 in MVC NO.365/89 and MVC No. 366/89 passed by the District Judge and Motor Accidents Claims Tribunal Chickmagalur, whereby the claims of the husband and wife, who both suffered injuries in a common road accident, were allowed in part.2. We heard the Learned Counsel for the appellants Sri K.G. Sadashivaiah and Sri N.S. Rajanna for the respondent No. 2. We have also perused the case records including the records of the District Judge and Motor Accidents Claims Tribunal, Chickmagalur, in brief referred to herebelow as MACT for convenience.3. When these two appeals were argued by the learned Counsel for the appellants Sri K.G. Sadashivaiah, an important question arose in the midst as to whether it is permissible for the Claims Tribunal to award a sum beyond a limit of Rs. 15,000/- under the head 'Medical Expenses' as set out in second schedule of the Motor Vehicles Act, 1988 (herein a...
T. Puttalingaiah and anr. Vs. Vijaya Bank
Court: Karnataka
Decided on: Jul-04-1997
Reported in: ILR1997KAR3248
T.N. Vallinayagam, J. 1. Defendants are the appellants before this court. The money suit filed by the Plaintiff Bank has been decreed by both the courts below. Hence this appeal.2. The only contention raised before me is regarding the interest. The objection of the counsel for appellant is that the courts below have failed to consider the decisions reported in H.P. KRISHNA REDDY v. CANARA BANK, : AIR1985Kant228 and BANK OF INDIA v. KARAM RANGE RAO, ILR 1985 Kar 4283, ILR 1985 Kar 1277 is to the following effect;'The Courts in other words, cannot exercise jurisdiction under the Usurious Loans Act or any other law relating to indebtedness for the purpose of giving relief to any party. This appears to be the intent of the legislature in enacting the Banking Laws (Amendment) Act, 1983. Section 21A has, however, no bearing on the jurisdiction of Courts to give relief to an aggrieved party when it is established that the Bank in a particular case has charged interest in excess of the limit p...
Subhash Tukaram Sangaonkar Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Jul-03-1997
Reported in: ILR1997KAR2607; 1998(2)KarLJ26
ORDER1. In all these writ petitions the resolution dated 14-5-1997, removing the President and the Vice-President of the City Municipal Council, Nippani by passing a no confidence motion has been challenged.2. The total strength of the City Municipal Council, Nippani, is 36. The petitioners in Writ Petition Nos. 16533 and 16738 of 1997, were elected as President and Vice-President respectively on 13-2-1996. Thereafter 26 Councillors delivered the notice of intention to move the resolution as against the President and the Vice-President to the Personal Assistant of the President on 2-5-1997. The said notice was placed before President on 3-5-1997 to take appropriate steps. This fact is disputed by the President stating that it was placed before her on 5-5-1997 and not on 3-5-1997. It is seen that the President on 5-5-1997 asked the Commissioner to call for the meeting fixing the date of meeting as 14-5-1997 to consider the motion of no confidence. Accordingly, the meeting was called fix...
Alankar Bar and Hotel Alankar Vs. Karnataka Appellate Tribunal (Sales ...
Court: Karnataka
Decided on: Jul-03-1997
Reported in: [1997]107STC549(Kar)
ORDERTirath S. Thakur, J.1. Assessment for the year 1975-76 was completed against the petitioner by the assessing authority by his order dated 4th of April, 1978. The petitioner appealed to the Deputy Commissioner and succeeded in having the matter remitted back to the assessing authority for a fresh look. A fresh order of assessment was then made on 6th of January, 1990. Aggrieved, the petitioner preferred an appeal against the said order also, which was accepted in part by the appellate authority by its order dated 20th of May, 1990. Dissatisfied the petitioner preferred a second appeal before the Karnataka Appellate Tribunal on 31st of July, 1990, which was disposed of on 8th of October, 1993. In the meantime, the Joint Commissioner of Commercial Taxes (Vigilance) summoned the records of the assessment proceedings and the appellate order on 26th of July, 1990 and decided to issue a notice to the petitioner on 8th January, 1991 calling upon the petitioner to show cause why the assess...
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