Court : Karnataka
Reported in : [2000(85)FLR484]; ILR2000KAR881; 2000(3)KarLJ340
Ashok Bhan, J.1. Appellant who was a practising Advocate was selected for the post of munsiff by the Public Service Commission in the year 1971. He was appointed as a Munsiff on 15-11-1971. He was promoted to the post of Civil Judge on 30th May, 1983. He completed 50 years of age on 28th of June, 1988. He was retired from service by the Governor under Rule 285(4) of the Karnataka Civil Service Rules (for short, 'the rules') on a recommendation made by the High Court of Karnataka by order dated 30th of July, 1991.2. Being aggrieved appellant filed the writ petition challenging the order retiring him from service raising the following three contentions:(i) that Rule 285 is not applicable to the appellant who is a Judicial Officer;(ii) that the appellant had been retired under Rule 285(4)(b) and not under Rule 285(4)(a) thereof and therefore he should have been retired on attaining the age of 55 years;(iii) that the order impugned herein is punitive in character.3. Learned Single Judge di...
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR109; 2000(4)KarLJ429
ORDERV.P. Mohan Kumar, J.1. An interesting question of law has been raised by the petitioners in these writ petitions. The undisputed facts are that the petitioners herein were selected as President of Co-operative Society at a time when the period of office was three years. The election took place sometime in 1997. Subsequent thereto, the Act was amended by the Government with effect from 15-8-1998. When the amendment was made, there was substantial changes brought about, in that, the period of the committee was enhanced from three years to five years. Section 28-A, sub-section (4) provided in this manner:'Provided that if an election to the Committee of any Co-operative Society had already been held in accordance with the bye-laws of such society, prior to the commencement of the Karnataka Co-operative Societies (Amendment) Act, 1997, the term of office of the committee of such co-operative society shall be three years including the co-operative year in which such election was held'....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR2298; 2000(5)KarLJ122
ORDER1. At the stage of admission, the matter is heard and disposed of.2. The respondent-plaintiff herein instituted a suit for permanent injunction against the petitioners herein and sought and obtained an ad interim injunction restraining the defendants from interfering with the possession of the property. The defendants who contested the claim of the plaintiff raised a contention that the first defendant has filed a declaration in Form 7-A on 17-12-1998 before the Deputy Commissioner, Shimoga and the matter is pending consideration and sought under Section 133 of the Karnataka Land Reforms Act (hereinafter called as 'Act') for stay of further proceedings till such time as Form 7-A filed by the first defendant was disposed of.3. The property that is involved in the suit for permanent injunction filed by the respondent is 3 acres and 7 guntas of land in Sy. No. 213/2 of Anaji Village in Soraba Taluk. The plaintiff tracing the history of title to the property sought a permanent injunct...
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant245
ORDERV. Gopala Gowda, J.1. There is litigation between the petitioner and the 7th respondent in respect of land bearing Sy. No. 42 of Nettigere Village; in Uttarahalli Hobli. In the suit filed by thepetitioner in O.S. No. 71/95 an order of temporary injunction was granted against the 7th respondent on 6-7-1996. M.A. No. 55/96 filed against the said order had been dismissed on 16-12-1996. In W.P. No. 20361/ 96 challenging change of mutation entries, this Court while granting stay, ordered to maintain status quo. The suit filed by the petitioner in O.S. No. 71/95 came to be dismissed on 17-9-1997 since both the parties were absent. In Misc. No. 39/97 filed seeking restoration of the suit, the order dated 17-9-1997 had been stayed and the same is pending. The 7th respondent also filed suit in O.S. No. 536/96 for declaration of title in respect of the aforementioned land and the same is also pending.2. When the civil litigation between the petitioner and 7th respondent are pending adjudica...
Tag this Judgment!Court : Karnataka
Reported in : (2000)159CTR(Kar)316; [2000]243ITR519(KAR); [2000]243ITR519(Karn)
V.K. Singhal, J. 1. The Assistant Registrar of the Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated March 3, 1994, in respect of the assessment year 1989-90, under Section 256(1) of the Income-tax Act, 1961 :'(1) Whether, on the facts and in the circumstances of the case for the purpose of Section 115J of the Act read with Section 205(1)(b) of the Companies Act, 1956, the expression 'loss' under the Companies Act is to be reckoned after allowance of depreciation or before it (2) Having regard to the scheme of Section 115J whether in an assessment year where the assessee's income is computed by invoking the provisions of Section 115J interest under Sections 234B and 234C are leviable (3) Whether, on the facts and in the circumstances of the case, the amounts to be carried forward like unabsorbed depreciation, unabsorbed investment allowance and business loss from an assessment year to which the provisions of Section 115J are appli...
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant190; ILR2000KAR1185; 2000(3)KarLJ259
ORDER1. The petitioner being the member in the respondent 1-Co-operative Union had filed the instant writ petition to quash the communication dated 6-8-1999 in No. RSR;106:XMC:98-99 issued by the respondent 2 addressed to all the Co-operative Divisions in the State, copy as at Annexure-B to writ petition, in issuance of which, the said authority had clarified the provision in Section 21(2)(a) of the Co-operative Societies Act (hereinafter referred to as the 'Act') to the effect that the elected Committee members of the Society may nominate the member of the Society of the elected body of the Committee of management of the Society to represent another Society in the affairs of other Society.2. The petitioner had further prayed for quashing of the consequential resolution dated 15-5-1999 passed by the respondent 1-Co-operative Union, copy as at Annexure-A to writ petition, in passing whereof, the Committee of the respondent 1 had nominated one of its ordinary members to represent it in t...
Tag this Judgment!Court : Karnataka
Reported in : 2000(4)KarLJ276
1. This appeal is by the owner of the vehicle Karnataka State Road Transport Corporation, directed against the award passed by the Civil Judge and Motor Accident Claims Tribunal, Bailahongal, allowing the petition in part, granting the compensation of Rs. 53,500/- with interest at the rate of 9% per annum. The respondent herein filed the claim petition before the MACT, Belgaum, which was transferred to MACT, Bailahongal alleging that on 26-2-1989 at about 9 p.m. the claimant was travelling in the KSRTC bus bearing Registration No. CAF 3590 on Belwadi Nayanagar Road, near Ningadalli Village, as a result of rash and negligent driving of the said bus by the driver, the window glasswas broken resulting in the injury to the claimants eye. She was given first-aid in Lingadahalli, and she was admitted to Belgaum Civil Hospital on the next day for treatment of injury. She suffered vision in her right eye. The appellant herein resisted the claim on the ground that no such accident had occurred ...
Tag this Judgment!Court : Karnataka
Reported in : [2000]243ITR836(KAR); [2000]243ITR836(Karn)
V.K. Singhal, J. 1. The Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated February 1, 1996, in respect of the assessment year 1981-82 under Section 256(1) of the Income-tax Act, 1961 :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that interest under Section 139(8), 215 of the Act levied in the original assessment does not survive when a reassessment is done under Section 148 of the Act particularly in view of the apex court's decision reported in CIT v. Sun Engineering Works P. Ltd. ?'2. The facts of the case are that there was reassessment under Section 147 of the Income-tax Act in the case of the assessee. The interest charged under Section s 139(8) and 215 was deleted by the Commissioner of Income-tax (Appeals) following the decision given by this court in the case of Charles D' Souza v. CIT : [1984]147ITR694(KAR) . In the appeal preferred before the Tribunal, it was found t...
Tag this Judgment!Court : Karnataka
Reported in : (2000)159CTR(Kar)354
Order V.K. Singhal, J:The Tribunal has referred the following question of law arising out of its order dated 1-2-1996, in respect of the assessment year 1981-82 under section 256(1) of the Income Tax Act, 1961 :''Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that interest under section 139(8)/215 of the Act levied in the original assessment does not survive when a reassessment is done under section 148 of the Act particularly in view of the apex Court's decision in CIT v. Sun Engineering Works (P) Ltd. . ?2. The facts of the case are that there was reassessment under article 147 of the Income Tax Act in the case of the assessee. The interest charged under sections 139(8) and 215 was deleted by the Commissioner (Appeals) following the decision given by this Court in the case of Charles D'Souza v. CIT . . In the appeal preferred before the Tribunal, it was found that there is another decision in the case of CIT v. K.L. Srihari 1, and...
Tag this Judgment!Court : Karnataka
Reported in : II(2000)ACC299; 2001ACJ45; AIR2000Kant165; ILR2000KAR563; 2000(2)KarLJ355
G.C. Bharuka, J.1. The Karnataka State Road Transport Corporation (in short, the 'Corporation'), constituted under the provisions of the Road Transport Corporation Act, has preferred this appeal questioning the correctness of the judgment and award dated 4-11-1998 passed by the Claims Tribunal, Ranebennur, in M.V.C. No. 335 of 1996 awarding compensation of Rs. 9,18,000/- with 6% p.a. interest from the date of petition till payment on account of the death of one Munilal Jain, whose legal heirs have been arrayed as respondents.2. It is not in dispute that on 4-8-1995 the deceased Munilal Jain was travelling in a bus of the Corporation bearing No. KA-01/F-5958 from Bangalore towards Ranebennur. When the bus came near Aimangal Petrol Bunk on National Highway No. 4, it combed with one on-coming truck bearing No. MH/F. 8278, as result of which the bus hit the roadside tree resulting instantaneous death of said Munilal Jain. The legal heirs of the deceased Munilal Jain preferred claim petitio...
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