Court : Karnataka
Reported in : ILR1997KAR2956
S. Rajendra Babu, J.1. In the year 1991 the Government of India decided to liberalise the policy for the development of power Sector in India. Electricity (Supply) Act. 1948 was amended by the Electricity Laws (Amendment) Act of 1991 to enable private parties to establish, operate and maintain generating stations. A scheme was formulated by Government of India on 22nd October, 1991 to encourage the private enterprises to take part in power generation, supply and distribution which was published in the Gazette of India, The said scheme provided that the Generating company can enter into a contract for the sale of electricity generated by it with the State Electricity Board in any State where it owns/operates generating station/stations or in any other State it is carrying on its activities or with any ether person with the consent of the competent Government concerned. The procedure for fixing the tariff for the sale of electricity was also provided in the scheme. Government of India co...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR85
ORDER1. Issues of far reaching significance have fallen for decision in these two writ petitions which effectively concern the fate of theAgricultural Produce Market Committees (hereinafter referred to as the 'APMCs') in the State of Karnataka. The question that has ultimately crystalised centres around the issue as to whether motivated nominations to elected bodies made in sufficient number as to alter the structure and decision making power of that institution can legitimately be justified as being within the framework of the democratic process and the subsidiary question that has arisen is as to whether an Ordinance issued at a point of time after the election process has been concluded is liable to judicial review and if so, to what extent. 2. There is not much dispute with regard to the factual position because these two writ petitions are effectively representative in character insofar as they concern as many as 134 APMCs in the State. According to the petitioners, these bodies c...
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR2707
ORDERA.J. Sadashiva, J.1. Whether the Bangalore Development Authority, hereinafter called 'the B.D.A.' is barred from making the allotment of a C.A. Site specified for a specific purpose, for such purpose, if such CA site is being used by the general public for any purpose other than the one for which it is specified and, whether the B.D.A. is barred from making the allotment of open spaces reserved under the erstwhile C.I.T.B. Act and specified for a specific purpose, for such purpose, in view of Section 16 of the Bangalore Development Authority Act, 1976, hereinafter called the 'BDA Act'? are the questions in controversy in these petitions.2. In all these petitions except in the last petition the petitioners have called in question the allotment of CA site nos. 42, 39[a] and 39[c] situated in IIIrd Block, Koramangala Layout, Bangalore; Whereas the last petition is for a larger relief of a direction to- the BDA, not to make allotment of any CA site until the requirement of reservation...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR907; 2000(3)KarLJ112
ORDER1. Heard.2. The petitioner is stated to be the transferee of an immoveable property which is subject of decree passed in O.S. No. 287 of 1981 of the Trial Court in favour of decree-holder named Jayamma and against tworespondents herein who are defendants in the said suit. That suit was filed against them by Jayamma for the relief of declaration that she was the absolute owner of the suit property and for delivery of the possession thereof by respondents-defendants. By consent of parties the said suit came to be decreed as prayed, on 16-4-1987. Subsequently, on 26-6-1989 the decree holder Jayamma is stated to have alienated the suit property to petitioner by a registered sale deed. The petitioner is none else than her brother. Thereafter, the decree-holder had made execution petition in E.P. No. 162 of 1992 before the Court below for execution of the decree. Its execution was opposed by respondents judgment-debtor on the ground of the suit property having been transferred by her de...
Tag this Judgment!Court : Karnataka
Reported in : [2003]133STC508(Kar)
ORDERTirath S. Thakur, J.1. The petitioner-company is engaged in the manufacture and sale of chemicals and stands duly registered under the Karnataka Sales Tax Act, 1957 as well as the Central Sales Tax Act, 1956. In the course of its business it purchases materials like mono chloro benzene, nitric acid, sulphuric acid, H.S.D., etc., besides other materials like HDPE bags and empty barrels. In connection with these purchases, the petitioner requires 'C' forms for which the petitioner appears to have made an application to the respondent-Assistant Commissioner of Commercial Taxes, Dharwad on May 13, 1997. This application was followed by a reminder dated July 21, 1997 and a notice sent by the petitioner's lawyer dated July 29, 1997. Having failed to evoke any response, the petitioner has filed the present writ petition for a mandamus directing the respondent to issue a book containing 50 'C' forms as per the request made in application dated May 13, 1997.2. A statement of objections has...
Tag this Judgment!Court : Karnataka
Reported in : I(2000)ACC80
ORDER1. The original petitioner was the wife of one Jagamohan Toshniwal, who died in an Air trash of Airbus A-320 bearing Registration VT-EPN, owned and operated by the 2nd respondent on 14th February, 1990, when 92 persons died. The petitioner made a claim for payment of compensation in respect of the death of her husband in the said accident and was offered compensation in a sum of Rs. 5,01,000/- after executing an indemnity bond as too Annexure-A and passing a receipt as part of Annexure-A. She addressed a letter as per Annexure-B stating that the offer of compensation in a sum of Rs. 5,01,000/- is to meagre when compared to the actual loss suffered by her and other members of her family due to untimely death of her husband. She alleged that the accident leading to the death of her husband occurred on account of total negligence on the part of the staff and due to the manufacturing defect in the aircraft. She stated that her husband was the sole bread winner of the family and died a...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR620
Hari Nath Tilhari, J. 1. Heard the petitioner's Counsel. The petitioner has sought the quashing of order dated 19.1.1993, passed by the District Magistrate, Bijapur and the order dated 28.6.1993, at Annexure-B, to this Writ Petition, passed by the Divisional Commissioner, Belgaum, whereby, the authorities have rejected the petitioner's application for grant of licence which was moved by the petitioner on 13.2.1991, under the Karnataka Cinema Regulations Act, 1964, on the ground that the petitioner has to prove his lawful possession. The petitioner has come up to this court. 2. The petitioner's case is that she had got a licence from the Corporation with respect to the land in dispute and entered the possession lawfully under the permission in the Form of Government lease or licence for 5 years. That the lease expired in 1992 and the petitioner's case is that, that the lease was granted by Municipal Corporation in favour of the petitioner of the land, where the cinema theatre has been e...
Tag this Judgment!Court : Karnataka
Reported in : [1998]110STC484(Kar)
G.C. Bharuka, J.1. The short question involved in these cases is, as to whether the word 'timber' as used in Explanation 1 to section 5A of the Karnataka Sales Tax Act, 1957 (in short 'the Act'), as it stood till April 1, 1988, included 'veneers' as well. 2. The appellants/petitioner, hereinafter referred to as 'the assesses', are registered dealers under the Act. According to the present assessees, they purchase timber and convert the same into veneers/plywood and sell the same at concessional rate of tax of 4 per cent provided under section 5A, on furnishing of form No. 37 by the purchasers declaring that, the same are required by them for the purpose of manufacturing. 2A. Section 5A provides for taxation of industrial inputs by prescribing a lower rate of tax on sale of goods as industrial inputs at 4 per cent in case the general rate of tax prescribed under section 5 read with the Second Schedule to the Act, is higher than 4 per cent. Explanation (1) to the said section which calls...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR182; [1998]229ITR137(KAR); [1998]229ITR137(Karn)
ORDERR.V. Raveendran, J. 1. These three references under s. 256(1) of IT Act, 1961 ('Act' for short) relate to the order of assessment dt. 11th August, 1978, passed in regard to the asst. yr. 1976-77 (year ending 31st December, 1975). Feeling aggrieved by the disallowance of certain expenditure in computing income chargeable under the head 'Profits and gains of business' and disallowance of certain deductions in computing the total income, the assessee filed an appeal before the CIT(A), I, Bangalore. The appeal was partly allowed by order dt. 28th February, 1980. Feeling aggrieved, the assessee filed ITA No. 322/Bang/80 and the Department filed ITA No. 340/Bang/1980. The Tribunal by a common order dt. 31st October, 1981, partly allowed both the appeals. The assessee sought reference of some questions of law in regard to the decision of the Tribunal in ITA No. 322/Bang/1980 in RA No. 962/Bang/1981. The Department sought reference of some questions arising out of the order of the Tribuna...
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1055
T.N. Vallinayagam, J.1. The defendants are the appellants. The suit by an employee of the defendants Electricity Board for injunction restraining the Electricity Board from retiring the plaintiff employee before 30.4.1985 when he would complete 60 years was decreed by the Trial Court. The appellate Court confirmed the finding on appeal by the Electricity Board and for the second time the defendants-Electricity Board are before this Court.2. The claim of the plaintiff was that he was originally employed by the amalgamated Electricity Company on the electrical side to maintain the electricity supply in Belgaum. The Electricity supply undertaking was taken over by the Government under the provisions of the Karnataka Electricity Supply undertaking (Acquisition) Act, 1974 on 18,12.1974. Under the standing orders of the Amalgamated Electricity Company, the age of superannuation for the clerical staff was 60, while under the employees service regulations of Karnataka Electricity Board, the ag...
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