Karnataka Court March 1998 Judgments
The Sandur Manganese and Iron Ores Limited, Sandur Taluk, Bellary Dist ...
Court: Karnataka
Decided on: Mar-31-1998
Reported in: ILR1998KAR2108; 1998(4)KarLJ199
ORDER1. The 1st petitioner is a consumer of electrical energy supplied by the 1st respondent herein. There are two undertakings of the 1st petitioner, one engaged in the manufacture of Ferro Silicon, while the other in the manufacture of Pig Iron. The 1st respondent supplies 110 KV electrical energy for both through different meters VHT-2 and VHT-3. As per Annexure-C dated 10-9-1984, in exercise of its power under Section 22-B of the Indian Electricity Act, 1910, the 2nd respondent herein, with effect from 15-9-1984 directed that the industries named in the notification may not consume or use electrical energy for any month in excess of the entitlement worked out on the basis of the specified cut. As far as the 1st petitioner is concerned, it was fixed at 60% for energy cut and 40% for Demand Cut. This power cut introduced in exercise of the power under Section 22-B of the Electricity Act is not challenged in these proceedings.2. On the introduction of the power cut and allegedly in im...
Tag this Judgment!M/S. Bhagyashree Combines, Bellary Vs. the District Magistrate, Bellar ...
Court: Karnataka
Decided on: Mar-31-1998
Reported in: AIR1998Kant328; 1998(4)KarLJ353
Acts/Rules/Orders:Karnataka Rent Control Act, 1961 - Sections 3 and 21;Specific Relief Act, 1963 - Section 6;Constitution of India - Article 141;Transfer of Property Act, 1882 - Sections 105 to 117;Karnataka Cinemas (Regulation) Act, 1964 - Sections 5, 8, 17 and 18;Karnataka Cinemas (Regulation) Rules, 1971 - Rule 6;U.P (Temporary) Control of Rent and Eviction Act, 1947;Wealth Tax ActCases Referred:Uttamchand v. S.M. Lalwani, AIR 1965 SC 716;Dwarka Prasad v. Dwarka Das Saraf, AIR 1975 SC 1758;M.C. Chockalingam and Others v. V. Manickavasagam and Others, AIR 1974 SC 104, (19740 1 SCC 48;M/s. Patil Exhibitors (Private) Limited v. Corporation of the City of Bangalore, 1985(2) Kar. L.J. 533, AIR 1986 Kant. 194, ILR 1985 Kar. 3700;B.G. Kumaravelu and Another v. K.R. Kanakarathnam Chetty and Others, 1996(4) Kar. L.J. 1 (SC), JT 1996(1) SC 301;B.G. Kumaravelu and Another v. K.R. Kanakarathnam Chetty and Others, 1994(5) Kar. L.J. 1, ILR 1994 Kar. 1477;Sri Krishna Kant Desai v. Additional Commi...
Tag this Judgment!Canara Bank, Sia Section, Infantry Road, Bangalore Vs. the Regional Pr ...
Court: Karnataka
Decided on: Mar-31-1998
Reported in: ILR1999KAR1533; 1998(5)KarLJ416
ORDER1. The third respondent-establishment has fallen in arrears towards provident fund contributions. The third respondent has also availed of loan facilities from the petitioner-Canara Bank, one of which relates to cash credit facility to the extent of Rs. 330 lakhs. The third respondent has, from out of this limit of Rs. 330 lakhs, drawn to a certain extent and that limit is not yet exhausted, in the sense, that the third respondent can still draw some more amount within the said limit of Rs. 330 lakhs. From out of the balance that the third respondent can so draw from the petitioner in respect of the said cash credit facility, respondents 1 and 2, namely Provident Fund Authorities, are seeking to recover from the said balance towards the arrears of provident fund contributions that the third respondent is still due. In other words, respondents 1 and 2 are construing that the unutilised cash credit facility is money payable by the petitioner-Canara Bank to the third respondent, whic...
Tag this Judgment!D. Lakshmana Murthy and Another Vs. V. Rajesh (Minor) by Guaradian and ...
Court: Karnataka
Decided on: Mar-31-1998
Reported in: I(1999)ACC311; 2001ACJ18; 1998(6)KarLJ290
1. This appeal arises from the judgment and award dated 3-10-1991 delivered by the Motor Accidents Claims Tribunal, Bangalore City, awarding Rs. 25,500/- as compensation together with costs and interest at the rate of 6% p.a. from the date of petition till the date of payment within three months. It further ordered that out of the award amount, a sum of Rs. 2,500/- with full interest and costs should be paid to next friend of the petitioner to meet the medical and other expenses and the balance of the amount awarded shall be deposited in Fixed Deposit in the name of the petitioner-respondent 1 in some nationalised Bank during the minority of the petitioner and the next friend of the petitioner being the natural guardian is entitled to withdraw the interest accruing on said deposit. The Tribunal made the appellants i.e., the owner and driver of the vehicle to be liable to pay the amount of compensation. The owner and driver having felt aggrieved from the award, have come up before this ...
Tag this Judgment!Dattatreya and Others Vs. Mahaveer and Others
Court: Karnataka
Decided on: Mar-31-1998
Reported in: 1998(6)KarLJ438
S.R. Bannurmath, J. 1. As these appeals are filed by rival contesting parties against the same judgment dated 18-4-1996 passed by the learned Single Judge in W.P. No. 35394 of 1993 and subject-matter being the same, are heard together. 2. The brief facts of the case are as follows: The land in dispute bearing Sy. No. 1033/1+2 measuring 9 acres 11 guntas of Belgaum belongs to Chandramouleshwara Temple of Belgaum. The appellants in W.A. No. 9706 of 1996 (hereinafter referred to as 'wahivatdars') belong to the family of priests of temple and claim themselves the wahivatdars of the temple. 3. The appellants in W.A. No. 6915 of 1996 (hereinafter referred to as 'tenants') who are brothers, claiming to be tenants of the land filed an application in Form No. 7 for grant of occupancy rights under the Karnataka Land Reforms Act as amended by Act 10 of 1974. After dulynotifying the wahivatdars, the Land Tribunal held an enquiry and by the order dated 3-7-1979 in Belgaum/Temple/SR 225 granted occu...
Tag this Judgment!Indian Oil Corporation Ltd. Vs. Addl. Commissioner of Commercial Taxes
Court: Karnataka
Decided on: Mar-31-1998
Reported in: ILR1998KAR2547
Y. Bhaskar Rao, J.1. The appellant is a Central Government Company who filed this appeal assailing the orders of the Additional Commissioner of Commercial Taxes of Bangalore. The appellant is dealer in methanol and prepares methanol mixtures (also known as Methumix) which is a combination of methanol and water in the proportion of 45% : 55%. Except merely adding water to methanol mixture there is no process whatever involved to arrive at Methanol mixture. Methanol mixture is supplied to only one type of aircraft and is carried by it during flight. It is supplied only to that air-craft with Dart engine. Appellant stated that he has supplied the material at the relevanttime mostly to Indian Air Force(IAF). The substance in principle is used as a coolant at the time of take off only to prevent the engines working at its highest speed from overheating. The appellant declared all along prior to 31.3.92 the methanol mixture was an unscheduled item and liable to be taxed under Section 5(1) of...
Tag this Judgment!Sri Mahendra Durgaprasad Dadkar Vs. the C.T.O.
Court: Karnataka
Decided on: Mar-31-1998
Reported in: ILR1998KAR3100
ORDERV.K. Singhal, J.1. The petitioner has issued five cheques for a sum of Rs. 99,022.97 beside Rs. 10,000/- being compound fee. The petitioner carried on business in job work of rubberizing spindles. The second respondent inspected the premises of the petitioner on 28.5.1991 and it was found that there is a liability of tax under Entry Tax Act, Central Sales Tax Act as well as K.S.T. Act. Statement of petitioner was recorded wherein the liability was admitted and taxes were paid under protest. Learned Counsel for the petitioner has prayed that unless there being a determination of liability of tax the provisions of Section 31 of the K.S.T. Act, or Section 23 of Karnataka Tax on Entry of Goods Act, could not be invoked.2. Arguments of the Learned Counsel for the parties have been heard.Section 31 of the Karnataka Sales Tax Act is as under:-'31. Composition of offences:- The prescribed authority may accept from any person who has committed or is reasonably suspected of having committed...
Tag this Judgment!Indian Oil Corporation Ltd. Vs. Additional Commissioner of Commercial ...
Court: Karnataka
Decided on: Mar-31-1998
Reported in: [1998]111STC107(Kar)
Y. Bhaskar Rao, J.1. The appellant is a Central Government company who filed this appeal assailing the orders of the Additional Commissioner of Commercial Taxes of Bangalore. The appellant is a dealer in methanol and prepares methanol mixtures (also known as methanol mix) which is a combination of methanol and water in the proportion of 45 : 55 per cent. Except merely adding water to methanol mixture there is no process whatever involved to arrive at methanol mixture. Methanol mixture is supplied to only one type of aircraft and is carried by it during flight. It is supplied only to that aircraft with dart engine. Appellant stated that he has supplied the material at the relevant time mostly)' to Indian Air Force (IAF), The substance in principle is used as a coolant at the time of takeoff only to prevent the engines working at its highest speed from overheating. The appellant declared all along prior to March 31, 1992 the methanol mixture was an unscheduled item and liable to be taxed...
Tag this Judgment!Basappa Balappa Bhangi and Others Vs. State by Dharwad Rural Police St ...
Court: Karnataka
Decided on: Mar-30-1998
Reported in: 1999(1)ALT(Cri)228; 1999CriLJ2689; 1999(1)KarLJ197
M.F. Saldanha, J. 1. The nine appellants before us were the accused 1 to 9 in Sessions Case No. 76 of 1993 decided on 21-1-1996. They were charged with having committed the offences punishable under Sections 143, 347, 148 and 302 of the IPC in relation to the murder of Chavappa; as also under Section 307 read with Section 34 of the IPC and Section 307 read with Section 149 of the IPC in relation to the injury caused to P.W. 11 Mahantesh whose left forearm was amputated in the course of the incident. The prosecution alleges that the nine accused were members of an unlawful assembly, that they were armed with axes and sickles and that on 18-3-1993 at about 11-30 a.m. on the road in front of the house ofaccused 1-Basappa situated at Harobelavadi Village within the limits of Dharwad Rural Police Station and attacked the deceased Chavappa Fakirappa Bhangi as a result of which he sustained multiple injuries and died on the spot and furthermore that P.W. 11-Mahantesh was also injured in the c...
Tag this Judgment!M/S. Larsen and Toubro Limited, Bangalore and Another Vs. State of Kar ...
Court: Karnataka
Decided on: Mar-30-1998
Reported in: ILR1998KAR1897; 1998(4)KarLJ323; (1999)IILLJ532Kant
ORDERAshok Bhan, J.1. In all these writ petitions the question involved is identical with little variation of facts in W.P. Nos. 16388 to 16398 of 1997 and W.P. No. 22511 of 1997 to which we shall advert and deal with in the later part of the judgment. Facts are taken from W.P. nOB. 14083 and 14084 of 1997, M/s. Larsen and Toubro Limited and Another v State of Karnataka.2. This case is concerned with the vires of the notification KA-E-C-LWA 97, dated 11th April, 1997 Annexure-A prohibiting the employment of contract labour in the canteen (industrial canteens) in factories employing 250 workers and above in the State of Karnataka under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 (Act 37 of 1970) (hereinafter referred to as 'the Act').3. Relevant facts extracted from the pleadings of the parties are:4. First petitioner is one of the units of M/s. Larsen and Toubro Limited located at Byatarayanapura, Bellary Road, Bangalore. It was started in the year 1975 for m...
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