Karnataka Court November 1999 Judgments
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Panchamal Cashew Industries Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-24-1999
Reported in: [2002]126STC351(Kar)
ORDERV.K. Singhal, J.1. Both these appeals are disposed of by this common judgment. Following questions have been raised by the assessee :1. Whether, on the facts and in the circumstances of the case, the order of the appellate authority is erroneous and prejudicial to the interest of the Government revenue ?2. Whether, on the facts and in the circumstances of the case, the judicious discretion of the appellate authority could be subject for consideration under the revisionary powers envisaged under the Section 22-A of the Act ?3. Whether, on the facts and in the circumstances of the case, the respondent is vested with the jurisdiction to invoke the provisions of Section 22-A of the Karnataka Sales Tax Act, 1957 ?4. Whether the respondent was right in ignoring the fact that the assessing authority had examined the movement of consignment without examining the effect of the letters as the whole. The appellate authority examining the effect of the letters in its entirety on the movement ...
The Karnataka State Silk Co-operative Marketing Federation, Bangalore ...
Court: Karnataka
Decided on: Nov-23-1999
Reported in: 2000CriLJ1629; [2000(84)FLR864]; ILR2000KAR378; 2000(1)KarLJ562; (2000)ILLJ1247Kant
ORDER1. Though this matter is posted for admission today, as the respondent is served and represented by Counsel, with the consent of the learned Counsel for the parties, the same is taken up for final hearing.2. The petitioner being aggrieved by the order dated 29-10-1998 passed by the I Additional Civil Judge (Jr. Dn.) and Judicial Magistrate First Class, I Court, Gadag (the Authority under Section 15 of the Payment of Wages Act, 1936) (for short, 'the Act') allowing the petition filed by the respondent for recovery of the amount due has filed this revision petition.3. The brief facts of the case are as follows.--The petitioner is a Co-operative Society and the respondent was an employee. Certain disciplinary proceedings were initiated against the respondent and he was placed under suspension. After an enquiry the respondent was dismissed from service. The respondent filed an application under Section 33-C(2) of the Industrial Disputes Act for computation of the amounts due to him an...
S.T. Dayananda Reddy Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-23-1999
Reported in: 2000CriLJ2064; II(2000)DMC177; 2000(2)KarLJ466
ORDER1. The first of these appeals has been preferred by the original accused 1 in S.C. No. 75 of 1993 on the file of the learned Sessions Judge, Chitradurga assailing the correctness of the conviction and sentence awarded to him. The second of the two appeals has been preferred by the State assailing the acquittal of original accused 1 to 3 on the remaining charges under which the Trial Court has acquitted them. The prosecution alleged that on 27-2-1993 the body of Shanthamma, the wife of accused 1 was found in a well in the land belonging to Venkatashivareddy within the jurisdiction of Imangala Police Station. An FIR was lodged on the same day at about 9.30 a.m. which is Ex. P. 11 whereby it was alleged that the death in question was dowry related and consequently, the police registered an offence and commenced investigation. It is alleged that in the course of the investigation it transpired that Shanthamma was married to accused 1 on 25-5-1989 and that pursuant to the negotiations ...
Sri Ranganatha Swamy Prasanna Kaveri Trust (Registered) (Through Trust ...
Court: Karnataka
Decided on: Nov-23-1999
Reported in: ILR2000KAR2556; 2000(3)KarLJ361
ORDER1. Heard Sri L.S. Venkatakrishna, Counsel for the revision petitioners and Sri S.V. Shastri, learned Counsel for the respondents.This Civil Revision Petition arises from the judgment and order dated 19th September, 1997 in Miscellaneous Case No. 1094 of 1994, whereby the respondents sought the leave of the Court to institute the suit in question under Section 92, Civil Procedure Code, as according to plaintiff/applicant, the property was a public trust property. The Courtbelow came to the conclusion that there cannot be any doubt that the 1st respondent-trust is constituted, as public trust and not a family private trust and it granted the leave.2. The opposite party, defendant mentioned in the plaint, feeling aggrieved from the order have come up before this Court by petition under Section 115.3. Learned Counsel for the revision petitioners contends that the Court below acted illegally in granting the permission for leave to sue under Section 92.Learned Counsel for the revision p...
The General Manager, Karnataka State Road Transport Corporation, Banga ...
Court: Karnataka
Decided on: Nov-23-1999
Reported in: 2001ACJ1480; ILR2000KAR718; 2000(3)KarLJ344
Acts/Rules/Orders:Motor Vehicles Act, 1988 - Sections 2(35), 149(2) and 157;Indian Contract Act, 1872 - Section 10Case Referred:New India Assurance Company Limited v. H. Siddalinga Naika and Others, AIR 1984 Kant. 228JUDGEMENTMohamed Anwar, J.1. This appeal is filed by the Karnataka State Road Transport Corporation, Bangalore ('the K.S.R.T.C.' in short) against the judgment and award dated 23-8-1995 of the M.A.C.T., Kolar, (the Tribunal' in short) made in M.V.C. No. 409 of 1992 granting total compensation of Rs. 3,85,OOOA with interest at 6% per annum to the petitioners-claimants, who are respondents 1 and 2 (R-l and R-2) herein, on account of the accidental death of deceased Balakumar Bansal. The deceased was the only son of the claimants. He succumbed to the fatal injuries caused to him in the motor accident occurred on 29-8-1992 when the car (Taxi) bearing No. CTR 505 belonging to R-3-Smt. Geetha (who was R-l in the claim petition) in which he was travelling as a paid passenger from...
Shivalingaiah Vs. Superintendent Engineer (Electrical) and Chairman, K ...
Court: Karnataka
Decided on: Nov-23-1999
Reported in: 2000(5)KarLJ405
ORDER1. The petitioner who is a Karnataka Electricity Board Employee has filed this writ petition seeking for issuance of a writ of certiorari to quash the notice dated 22-1-1998 Annexure-D and further sought for issuance of a writ of mandamus to the respondent to collect the normal rent as per the rules and further direction to the respondent to refund the penal rent recovered from the petitioner urging various facts and legal contentions.2. The petitioner is working as Junior Engineer (Electrical) at Banasavadi MUSS of the respondent-Board. He was allotted a quarters for his occupation and he has been residing in the said quarters along with his aged parents and two unemployed brothers and a son. On 26-6-1995 he has been transferred to Kaggalipura Section Office from Banasavadi office of the respondent-Board. It is his case that the quarters situated at Kaggalipura was not suitable for him and his family occupation. Therefore, he represented to the Assistant Executive Engineer vide h...
Motorola India Electronics Private Limited Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-23-1999
Reported in: [2000]118STC560(Kar)
ORDER1. The order of the Karnataka Appellate Tribunal dated August 31, 1995 has been assailed in this revision. An order Under Section 10A of the Central Sales Tax Act, 1956 was passed levying the penalty Under Section 10(b) for purchase of modular furniture which was considered to be a capital asset. The goods were purchased in between November 26, 1991 and March 26, 1992, to the extent of Rs. 42,45,428. It was found that there was clear misuse of 'C' forms and penalty at 1 1/2 times of the local rate of 13 per cent was levied.2. In appeal, it was found that there was an amendment in the Central sales tax registration which was valid from July 20, 1992 and that the modular furniture is used to support and house the Computer and seat the programmers and that the panels are used to partition the factory space and allows for necessary privacy and concentration of mental faculties of the programmer.3. The assessee is an 100 per cent export oriented unit and is entitled even for refund of ...
Bharat Heavy Electricals Ltd. Vs. State of Karnataka
Court: Karnataka
Decided on: Nov-23-1999
Reported in: [2003]133STC433(Kar)
ORDERV.K. Singhal, J.1. The order of the Karnataka Appellate Tribunal dated April 30, 1996 in respect of the assessment year 1991-92 has been challenged in this petition. Learned counsel for the petitioner submitted that the Tribunal has erred in taking into consideration the value of the debit note which was in respect of the transfer of goods from one State to another. It is submitted that, the real value has been given in the invoice which was issued from the other State and that should be the basis for the purpose of assessment.2. Arguments of the learned counsel for both the parties heard.3. The debit note is only an internal arrangement of the petitioner for accounting adjustment in between Bangalore and Trichy units. The debit note was not acted upon and it was not considered to be a transfer as shown in the debit note. The transactions have been considered to be an inter-State sale from Bangalore and not from Trichy. The sale has to be of the amount what the buyer has to pay an...
Smt. Girijamma Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Nov-19-1999
Reported in: 2000(3)KarLJ327
ORDER1. The husband of the petitioner filed Form No. 7 before the Land Tribunal, Bhadravathi, for conferment of occupancy rights in respect of the land in Sy. No. 15 of Koppa Village in Holehonnur Hobli. By an order dated 30-10-1976 the Land Tribunal rejected the application on the ground that since the land in question is a service inam land, it had no jurisdiction to entertain the application. W.P. No. 41345 of 1982 filed challenging the said order had been transferred to the Appellate Authority pursuant to amendment to the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act') providing appeal provision against the orders passed by the Land Tribunals. It was registered as appeal in L.R.A. (W) No. 650 of 1986. The appeal also came to be dismissed by the Appellate Authority by the impugned order dated 13-8-1987 upholding the order of the Land Tribunal. The petitioner has filed this revision petition challenging both the orders.2. Heard the learned Counsel for the part...
Escorts Mahle Ltd. Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Nov-18-1999
Reported in: [2001]121STC434(Kar)
ORDERR.V. Raveendran, J. 1. The petitioners have manufacturing units/factories inside the industrial areas/industrial layouts formed by the Karnataka Industrial Areas Development Board (for short 'KIADB').2. The Karnataka Tax on Entry of Goods Act, 1979 ('the KTEG Act' for short) is an Act to provide for the levy of tax on entry of goods into local areas for consumption, use or sale therein. The KTEG Act has been enacted by the State Legislature deriving power under entry 52 of List II of the Seventh Schedule to the Constitution which reads 'Taxes on the entry of goods into a local area for consumption, use or sale therein'.2.1. Section 3 of the Act is the charging section. Sub-section (1) which is relevant is extracted below :'There shall be levied and collected a tax on entry of any goods specified in the First Schedule into a local area for consumption, use or sale therein, at such rates not exceeding five per cent of the value of the goods as may be specified retrospectively or pro...
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