Karnataka Court March 1998 Judgments
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M. Ramesh Kamath Vs. the Corporation Bank, Mangala Devi Temple Road, M ...
Court: Karnataka
Decided on: Mar-20-1998
Reported in: 1998(4)KarLJ426
1. This judgment requires to be prefixed with an apology of sorts because the Petitioner who is a former Bank Manager had originally filed this petition in the year 1982 and going by the available endorsements in the records it appears that the petition came to be disposed off on 3-8-1993. An appeal was filed against that order and the Division Bench set aside the order and it directed that the petition be listed for final hearing. It is not immediately understood as to why the petition took eleven years before it could be heard and unfortunately, some error appears to have crept in when the final order was prepared by the office which was why the Division Bench directed a de novo hearing. The petition was heard by me in the month of December 1994. It was taken up at the request of the learned Counsel who pointed out that it is an old matter and the request of both the parties was that it should be heard out of turn. Since the Court was virtually overburdened with the hearing of a very...
Felicia Fali Variava and Another Vs. the Bangalore Development Authori ...
Court: Karnataka
Decided on: Mar-19-1998
Reported in: 1999(2)KarLJ684
ORDER1. Heard the learned Counsel for the petitioner.2. By this petition, petitioner has sought for issuance of writ of certiorari or any other writ, order or direction quashing the endorsement No. BDA/DS-II/288/96-97 dated 8-1-1997 issued by the Deputy Secretary-II, Bangalore Development Authority, Bangalore, and for issuance of writ of mandamus directing Bangalore Development Authority to allot Site Nos. 288 and 289 formed in Sarakki VI Stage Layout or in any other layout formed by the Bangalore Development Authority of sites measuring 50' x 80'.3. The facts of the case in the nut-shell are that, the petitioners claimed to have made applications for allotment of site in Rajamahal Vilas II Stage extension under a special scheme of allotment called The Dollar Scheme'. The applications were alleged to have been made on 4-12-1979. According to the petitioners, the opposite party having found it not possible to allot site in Rajamahal Vilas II Stage to all the dollar registrants, the Bang...
Basalingappa Channappa Mamale Pattan Shettar and Others Vs. Dundappa P ...
Court: Karnataka
Decided on: Mar-19-1998
Reported in: AIR1998Kant321; ILR1998KAR2650; 1998(4)KarLJ368
1. This second appeal has been filed under Section 100 of the CPC.2. The appellants are the defendants. The respondent is the plaintiff.3. The plaintiff filed the suit in O.S. No. 21 of 1982 before the Munsiff, Savanur, for declaration and permanent injunction in respect of the suit property bearing TPC. No. 588 situated in W. No. III of Bankapur Village.4. The Trial Court granted the decree for permanent injunction, but dismissed the plaintiffs suit for declaration.5. The defendants appealed against the judgment and decree passed by the Trial Court in R.A. No. 11 of 1989 before the Civil Judge, Haven. The plaintiff filed cross appeal.6. The Appellate Court by its common judgment dated 20-12-1990 dismissed the defendants' appeal and allowed the plaintiffs cross appeal. In other words, the Appellate Court confirmed the decree for permanent injunction passed by the Trial Court and granted the decree for declaration also.7. The present second appeal has been filed by the defendants.8. The...
P. Mallesha Vs. Union of India and Another
Court: Karnataka
Decided on: Mar-19-1998
Reported in: [1999(81)FLR324]; 1998(4)KarLJ418; (1999)IILLJ423Kant
Ashok Bhan, J.1. This appeal is directed against the order of the Single Judge confirming the action taken by the appropriate Government refusing to make reference to the Labour Court under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') on the ground that the appellant-workman had not put in 240 days of service.2. Appellant filed a petition with the appropriate Government for making a reference under Section 10 of the Act for referring the dispute between him and his employer to Labour Court for adjudication. Management in the conciliation proceeding before the concerned authority took the objection that the workman ceased to attend the office from February 1986 and that he has not put in 240 days of service. Conciliation Officer came to the conclusion that there was no material to show that the worker had put in 240 days of service. In the circumstances, Conciliation Officer submitted a failure report. Acting on the report, the appropriate...
Deccan Alloys (P) Ltd. Vs. Additional Commercial Tax Officer and anr.
Court: Karnataka
Decided on: Mar-19-1998
Reported in: [1998]111STC230(Kar)
Y. Bhaskar Rao, J.1.The petitioner is a private limited company and owns a re-rolling mill at Hosur in the State of Tamil Nadu. During the year ended December 31, 5984 the petitioner purchased from registered dealers iron scrap for Rs. 20,33,885.45, within the State of Karnataka, took the iron scrap to Hosur in the State of Tamil Nadu, got the iron scrap re-rolled into bars and rounds, brought them back and sold them in the State of Karnataka. The first respondent completed the assessment and taxed the petitioner at the rate of 4 per cent. The case of the petitioner is that the assessing authority has not given exemption of the tax paid by the petitioner on the raw material purchased by it in the State of Karnataka on the ground that the exemption of tax paid on the raw material is available only when the raw material was purchased and the finished goods are manufactured in the State of Karnataka only. Therefore, the petitioner filed this writ petition assailing the constitutional vali...
K. Kemparamaiah Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Mar-18-1998
Reported in: ILR1999KAR1853; 1998(6)KarLJ422
ORDER1. Heard the learned Counsel for the petitioner.2. The petitioner has sought quashing of order dated 21-2-1998 whereby the competent authority/Assistant Commissioner (Land Acquisition), after considering the matter on merits, rejected petitioner's application for regularisation of unauthorised construction on the land in question. The competent authority has mentioned that as per the report of the Land Acquisition Officer of the Bangalore Development Authority that the land bearing No. 3/1 of Saneguruvanahally had been acquired for extension of West of Chord Road, III Stage as per award dated 3-2-1978. The authority has taken the view that notice had been issued to the petitioner to attend the enquiry on 29-1-1998 and the same was served on him. He attended the enquiry. Documents have been examined and in view of Section 4(viii) of the Regularisation of Unauthorised Constructions Act, 1991, there is no power and provision for regularisation of unauthorised construction on the land...
Bajjappa Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-18-1998
Reported in: 1999CriLJ958
M.F. Saldanha, J.1. The appellant before us was charged with having committed the murder of one Venkataswamy with a pickaxe at about 2.15 p.m. on 7-1-1993 at Hippaneralekeri village. It is alleged that the deceased Venkataswamy who owned the adjoining field to that of the accused was accompanied by PW-1 on that afternoon and that the electricity which fed the water pump tripped. Venkataswamy suspected that the accused was responsible for this and therefore, went to his field near the pump house of the accused ostensibly to investigate into the matter. The version of PW-1 is that he heard a cry from Venkataswamy and therefore, rushed there when he saw the accused inflicting a blow with the pickaxe on the head of the deceased. The accused is supposed to have immediately thrown the weapon there, got on to his TVS moped and left the place. PW-1 states that the deceased struggled for a brief period of time and died on the spot. PW-2 states that he was passing by that side and that the cry o...
Janaki Vs. Appi D'Souza and Others
Court: Karnataka
Decided on: Mar-17-1998
Reported in: ILR1998KAR2262; 1998(4)KarLJ123
1. This is a second appeal filed under Section 100 of the C.P.C.2. The appellant is the plaintiff and the respondents are the defendants.3. The plaintiff filed the suit in O.S. No. 624 of 1980 before the Principal Munsiff, Mangalore, for permanent injunction restraining the defendants from interfering with the plaintiffs peaceful possession of the suit property measuring 4 acres 10 cents in S. No. 108/8-A situated in Konaje Village in Mangalore Taluk. The plaintiff subsequently amended the plaint praying for possession of the eastern portion of the plaint schedule property, if the Court were to come to the conclusion that the plaintiff was not in possession.4. The Trial Court decreed the plaintiff's suit by its judgment dated 30-6-1986.5. The defendants preferred appeal in R.A. No. 92 of 1986 before the Civil Judge, Mangalore. The learned First Appellate Judge, by his judgment dated 17-12-1991, allowed the appeal and dismissed the plaintiff's suit.6. The plaintiff has preferred the pre...
D.M. Gayatri and Others Vs. Divisional Controller, Karnataka State Roa ...
Court: Karnataka
Decided on: Mar-17-1998
Reported in: I(1999)ACC624; 1999ACJ1474; AIR1998Kant323; ILR1999KAR277; 1998(4)KarLJ1
Acts/Rules/Orders:Motor Vehicles Act, 1988 - Section 168JUDGEMENTAshok Bhan, J. 1. Aggrieved by the judgment and award dated 5-6-1991 passed by the Motor Accident Claims Tribunal, Raichur (hereinafter referred to as the 'Tribunal') on his file in M.V.C. No. 179 of 1989, the present appeal has been filed by the widow and two minor children of deceased D. Mahadev seeking modification of the award by increasing the compensation. By the Judgment under appeal Tribunal has awarded a sum of Rs. 2,45,000/- as compensation for the death of Mahadev.2. The facts of the case are that the deceased D. Mahadev was the employee working as an Accountant in the State Bank of Mysore, at Hospet Branch. He was aged about 35 years and was drawing a salary of Rs. 4,275/- per month. On 27-5-1989 deceased Mahadev and P.W. 2, J. Laxminarayana had gone to Hubli in connection with their official work on a motor-cycle bearing registration No. CNY 4751. Alter attending the work at Hubli, they started their journey ...
Oil Seeds, Oil Trade and Industry's Association and Anr. Vs. State of ...
Court: Karnataka
Decided on: Mar-17-1998
Reported in: [1998]111STC234(Kar)
ORDERV.P. Mohan Kumar, J.1. Common question arises for consideration in all these petitions. The question posed for consideration is whether rice bran and de-oiled rice bran cake are one and the same or different products. As per entry 8(iii) of Part C of the Second Schedule, rice bran is taxed at 2 per cent with effect from April 1, 1997. Part O of Second Schedule, entry 1 deals with oil-cake. Part R of Second Schedule, entry 7 deals with rice bran oil. They are separately taxed. The position was that rice bran, which undergoes the process and from which rice bran oil is extracted, is sold thereafter for manufacture of fodder as de-oiled rice bran cake. The department hitherto was assessing the same as rice bran coming under Part C, entry 8(iii) of Second Schedule. While so, a clarification has been issued by the Commissioner of Commercial Taxes, the 2nd respondent herein, to the effect that it does not come within the classification of rice bran provided in the Schedule to the Karnat...
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