Karnataka Court December 1999 Judgments
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P.B. Kumar Vs. P.O., Ii Additional Labour Court and anr.
Court: Karnataka
Decided on: Dec-10-1999
Reported in: [2000(84)FLR1014]; ILR2000KAR396; (2000)ILLJ1059Kant
ORDERA.V. Srinivasa Reddy, J. 1. A controversy which has been hanging fire for long, atleast so far as this Court is concerned has cropped up again and we propose to resolve this controversy by the following order.2. The question is:When the Labour Court seized of a matter under Section 33(3)(b) of the Industrial Disputes Act has power to make an interim order to pay full or part of the wages to the dismissed workman pending final orders?3. The brief facts of the case are:The petitioner was working in the 2nd respondent Hotel at Bangalore as Electrician in the maintenance department with effect from March 15, 1971. He was charge-sheeted on August 27, 1991 over an alleged misconduct that on August 13, 1981 at about 6.45 p.m. he stole a Vimal pant piece belonging to one Padma Ranka of Reliance Textiles, who was displaying his products in the hotel of second respondent. An enquiry was conducted and the workman was found guilty. The petitioner workman was dismissed. After the order of dism...
Sunkamma Vs. H. Ramayya Reddy and Others
Court: Karnataka
Decided on: Dec-09-1999
Reported in: ILR2000KAR2681; 2000(1)KarLJ366
1. This appeal is filed by the plaintiff against the judgment of the learned Second Additional Civil Judge, Bangalore, in R.A. No. 41 of 1991, dated 13-3-1995 dismissing the said appeal and confirming the judgment of the Trial Court dated 13-2-1991 in O.S. No. 75 of 1986.2. For the sake of convenience, I shall refer the parties as arrayed in the Trial Court.3. The plaintiff filed the suit for partition of the plaint schedule properties and for recovery of possession of her 1/4th share alleging that she is the second wife of one Pillareddy and defendants 2 and 3 are her daughters. First defendant is the son of Pillareddy by the first wife late Thimmakka. During the lifetime of Pillareddy, a partition took place between himself and the 1st-defendant under a registered partition deed dated 15-6-1972 and in the said partition the plaint schedule properties fell to the share of Pillareddy. Pillareddy died in or about the year 1980 and after his death plaintiff and defendants inherited the s...
Sri Ramanjaneyaswami Vidya Saunsthe, Kumbaloor, Honnali Taluk, Shimoga ...
Court: Karnataka
Decided on: Dec-09-1999
Reported in: ILR2000KAR922; 2000(2)KarLJ508
ORDER1. These petitions raise questions of considerable general importance besides bringing into sharp focus the neglect and apathy which plague Private and Government Educational Institutions in the State of Karnataka. The core issue raised and argued at considerable length relates to the validity of the State's decision not to grant any aid to institutions established after the year 1987. That decision has from the year 1998 taken the form of a statutory rule framed under the Education Act of 1983. The rule is sought to be justified on the ground that the State's economic capacity is limited and that it can spare no more than what is annually set apart for distribution among private institutions. For the immediate past year the State had set apart no less than six hundred and sixty six crores towards Grant-in-Aid to Private Educational Institutions. That amount is by no means small even for a State of the size of Karnataka, with thousands of Pre-Primary, Upper Primary and Secondary S...
Sunil Acharya and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Dec-09-1999
Reported in: ILR2000KAR2228; 2000(4)KarLJ445
ORDER1. Section 16(g) and (h) of the Indian Nursing Council Act, 1947 empower the Council established thereunder to prescribe the standard and curricula for training of nurses, midwives and health visitors as also the conditions of eligibility for admission to such courses of training. TheCouncil has in exercise of the said power published syllabi and regulations and inter alia prescribed the terms and conditions for admission of candidates to a three years' course in General Nursing and Midwifery. These are as under.-'Admission -- Terms and Conditions.- 1. Age for entrance shall be 17 years to 35 years. For ANM LHV age is relaxable upto 35 years, provided they meet the minimum educational requirements -- 12 years in schooling. 2. Minimum education -- All students should have passed XII class or its equivalent, preferably with science subjects. 3. Admission of students shall be once a year. 4. Students should be medically fit'. 2. It is evident from the above that the minimum academic ...
Gayathri Textiles Vs. Commissioner of Income-tax
Court: Karnataka
Decided on: Dec-09-1999
Reported in: (2000)160CTR(Kar)339; [2000]243ITR674(KAR); [2000]243ITR674(Karn)
V.K. Singhal, J. 1. The ITAT has referred the following questions of law arising out of its order dated 24th June, 1996, in respect of the assessment year 1986-87 :'1. On the facts and in the circumstances of the case, whether the Tribunal is right in holding that failure to obtain the previous permission from the Inspecting Assistant Commissioner of Income-tax for imposingthe penalty under Section 271(1)(c) is only a procedural error and it is not fatal to the order of penalty passed under Section 271(1)(c) of the Income-tax Act, 1961 ? 2. On the facts and in the circumstances of the case, whether the Tribunal is right in remanding the matter to the Income-tax Officer to pass a fresh penalty order afresh ?' 2. The facts of the case are that the assessee is a registered firm. It was the lessee of the premises where it was, in the past, carrying on its manufacturing and trading activities. The assessee leased out the leasehold premises to Canara Bank, J. C. Road, Bangalore. For the year...
State of Karnataka Vs. Erappa Kurugodeppa Pujar and ors.
Court: Karnataka
Decided on: Dec-09-1999
Reported in: 2000CriLJ2163
1. The State of Karnataka has preferred this appeal which is directed against the decision in Sessions Case No. 74/1991 which emerges from the Court of the I Addl. Sessions Judge, Dharwad at Hubli. The six respondents-accused were charged with having committed offences punishable under Sections 143, 147, 148, 324, 307 and 504 read with. Section 149, IPC, and under Section 25 of the Arms Act. Briefly stated, it was alleged that on 3-8-1990 at about 1 p.m. an incident had taken place wherein A1 to 6 had collectively assaulted P.Ws. 3 to 7 as a result of which each of them sustained some injuries. A complaint was lodged with the Police on that evening and the six accused persons were arrested and ultimately charge-sheeted for the aforesaid offences. At the conclusion of the trial, A1 to 6 were convicted of the offences punishable under Sections 143, IPC and Section 323 read with. Section 149, IPC, only, and they were acquitted of the other offences with which they were charged. The presen...
B. Francis Jagan Vs. N.R. Narayana Swamy
Court: Karnataka
Decided on: Dec-08-1999
Reported in: ILR2000KAR1651; 2000(3)KarLJ561
ORDER1. In this revision the tenant has assailed the legality of the order of Trial Court dismissing his application filed under Order 23, Rule 1(4)(b) read with Section 151 of Civil Procedure Code. This application is filed by the tenant in the eviction proceeding initiated by the respondent-landlord under the provisions of Section 21(1)(h) of the Karnataka Rent Control Act ('Act' for short).2. In his affidavit filed in support of I.A. No. I, the petitioner has stated that, he is a tenant of the premises which is a shop premises which was taken on rent by his late father from the respondent-landlord. The petitioner has been doing electrical goods business. The respondent-landlord had filed a petition in H.R.C. No. 2757 of 1992 against the petitioner's father under the provisions of Section 21(1)(h) of the Act for his bona fide use and occupation. In that case, the landlord got himself examined as P.W. I and he has also cross-examined at length. After cross-examination of P.W. I, the r...
Karthik Engineering Works Vs. State of Karnataka
Court: Karnataka
Decided on: Dec-08-1999
Reported in: [2000]119STC88(Kar)
ORDERV.K. Singhal, J.1. The order of the Karnataka Appellate Tribunal dated June 28, 1996 has been assailed in this petition. The petitioner entered into a lease and licence agreement for use of the premises and machinery of factory. It was contended that the plant and machinery are fixed in the building and, therefore, being immovable property tax cannot be levied. The Tribunal found that it is a composite contract wherein separate lease amount cannot be determined for the purpose of arriving at the lease rent exclusively for the machinery used and as such the tax levied by the assessing authority was justified. Reference was made to the judgment given in the case of Growth Leasing & Finance Ltd. v. State of Gujarat [1992] 85 STC 25 (Guj).2. In order to examine the controversy it may be observed that under Article 466 of the Constitution of India, Legislature have been provided the right to levy tax on the sale or purchase of goods and by inclusive definition under entry (29A), the tr...
State of Karnataka Vs. Venkatesha
Court: Karnataka
Decided on: Dec-08-1999
Reported in: 1999CriLJ2187
M.F. Saldanha, J.1. We have heard the learned Additional State Public Prosecutor on behalf of the appellant-State.2. A charge was framed against the accused for having committed an offence under Section 326, IPC the allegation being that he had assaulted the Complainant-P.W. 1 on 14-6-1995 at about 6.00 p.m. and that as a result of this assault, not only did the P.W. 1 sustain a bleeding injury on the mouth but that his teeth had also fallen out. When the evidence was led, the P.W. 1 ultimately gives a go-by to his original version and stated that the injury had been sustained by him as a result of the fact that he had fallen down. He has however admitted to the fact that since the accused is a relation that he has compromised the matter with him. It was obvious to the Court that since the parties have ultimately compromised, that this was the reason why the P.W. 1 did not support the persecution and furthermore, it was equally apparent to the learned prosecutor that examining any furt...
Commissioner of Income-tax Vs. Janmabhoomi Press Trust
Court: Karnataka
Decided on: Dec-07-1999
Reported in: [2000]242ITR703(KAR); [2000]242ITR703(Karn)
V.K. Singhal, J.1. The Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated June 16, 1992, for the assessment year 1983-84.'Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the repayment of debt incurred by the asses-see for the construction of the commercial building taken up by the asses-see for the purpose of augmenting its funds, should be treated as 'application' of the income of the assesses trust for charitable purposes ?'2. The assessee is a trust. While framing the assessment order for the assessment year 1983-84, the Assessing Officer did not treat the repayment of loan taken by the assessee for the purpose of construction of a commercial complex as income applied for charitable purposes. In an appeal filed by the assessee, the Deputy Commissioner of Income-tax (Appeals) directed the Assessing Officer to allow the assessee's claim. Against the order of the Deputy Commissioner o...
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