Karnataka Court February 1999 Judgments
U.K. Kini and anr. Vs. K. Vasudeva Pai and ors.
Court: Karnataka
Decided on: Feb-19-1999
Reported in: II(2000)ACC429; 2001ACJ2141
A.J. Sadashiva, J.1. Defendant Nos. 1 and 2 in O.S. No. 195 of 1983 on the file of the learned Principal Civil Judge, Mangalore, have filed this appeal against the judgment and decree dated 29.10.1988 passed therein awarding damages in a sum of Rs. 2,00,000 in respect of their alleged medical negligence.2. Respondent Nos. 1 to 3 are the plaintiff Nos. 1, 3 and 4 in the court below and respondent No. 4 was the defendant No. 3 joined as such at the application of the plaintiffs. Plaintiff No. 2, the victim of the negligence, died on 25.10.1985 during the pendency of the suit. For the sake of convenience, the parties to this appeal are hereinafter referred to with reference to their rank in the trial court.3. The undisputed facts leading to the judgment and decree under appeal are as follows:The deceased plaintiff No. 2 was the wife of the plaintiff No. 1 and the mother of plaintiff Nos. 3 and 4. She consulted the defendant No. 1 in respect of certain breathing problems and pain in the ne...
Tag this Judgment!The State Government Employees' Co-operative Housing Society Limited, ...
Court: Karnataka
Decided on: Feb-18-1999
Reported in: ILR1999KAR1797; 1999(3)KarLJ286
Y. Bhaskar Rao, Actg. C.J.1. This appeal is filed assailing the order of the learned Single Judge dismissing the writ petition.2. The brief facts of the case, are, that, the land in question which belonged to the previous owners has been purchased by the appellant in pursuance of an order made by the State Government under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (in short 'the Act'). The appellant, thereafter made an application before the Urban Development Authority seeking permission to form a layout and the respondent called upon the appellant to get the land converted after paying conversion fee as provided under Section 95 of the Karnataka Land Revenue Act. Assailing the said order, the appellant filed a writ petition contending that the Government had granted exemption under Section 20 of the Act, treating the land as urban land and once the land is an urban land, it is no more an agricultural land. So, the conversion as contemplated under Section 95 of th...
Tag this Judgment!Srinivasa Rao Kashimpurkar Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-18-1999
Reported in: 1999(4)KarLJ1
ORDERY. Bhaskar Rao, Actg. C.J.1. A farmer and a social worker of the Bidar District has filed this writ Petition seeking a writ of mandamus directing the State of Karnataka to extend the benefit of the Government Order No. AHD 120 AMS 98, dated 25-5-1998 to all farmers who had suffered the loss irrespective of the fact as to whether they had grown Tur crop or any other crop.2. The brief facts of the case are that due to scanty rainfall in Bidar and Gulbarga Districts and. due to pest attack on the standing crops in the districts have failed. Due to the failure of the crops, some of the farmers also committed suicide, as they could not meet the financial commitment and repay the loans borrowed by them. The farmers have not received any tangible assistance for controlling the pests for their crops. It is stated that there were more than 22 suicides in Bidar District. The petitioner and several other social workers made representations along with the Member of the Legislative Council to ...
Tag this Judgment!Crag MartIn Distillery (Private) Limited, Goa Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-18-1999
Reported in: ILR1999KAR2169; 1999(5)KarLJ392
1. This writ appeal is filed assailing the order of the learned Single Judge upholding the constitutional validity of Rule 2-AA of the Karnataka Excise (Excise Duties and Fees) Rules, 1968 (hereinafter for short, referred to as the 'rules') and dismissing the writ petition.2. The brief facts of the case are that the appellant is a manufacturer of liquor in the State of Goa. The appellant is importing liquor into the State of Karnataka for supply to Mysore Sales International Limited (MSIL). The aforesaid rules provide for levying of fee for import of liquor into State of Karnataka by the manufacturers from other States. The appellant challenged the said rule contending that the local manufacturers are not charged with any such fee or tax whereas only manufacturers from other States who are importing liquor are only charged with such fee. By such charging, the liquor manufactured by them in other States has to be sold in Karnataka at a price higher than the liquor being sold by the manu...
Tag this Judgment!Gopal Films Vs. Deputy Commissioner of Income-tax and ors.
Court: Karnataka
Decided on: Feb-18-1999
Reported in: (1999)155CTR(Kar)428; ILR1999KAR1857; [1999]237ITR655(KAR); [1999]237ITR655(Karn)
R. V. Raveendran, J.1. Sri M. V. Seshachala, learned counsel for the Income-tax Department, is directed to take notice for the respondents.2. In regard to the return of income submitted by the petitioner-firm for the assessment year 1995-96, the Assistant Commissioner of Income-tax, Circle 5(1), Bangalore, determined the total income-tax and interest payable thereon under Section 143(1)(a) of the Income-tax Act, 1961 ('the Act' for short), as Rs. 18,33,470, Rs. 7,36,698 and Rs. 2,15,796, respectively, as per order dated March 29, 1996 (annexure-A). The petitioner appears to have paid in all Rs. 9,52,494 between February 28, 1997, and October 12, 1998. The Recovery Officer, Range-5, Bangalore, informed the petitioner by letter dated October 15, 1998, that a sum of Rs. 3,60,000 is still due in regard to the assessment year 1995-96, made up of Rs. 3,34,771 towards interest under Section 220(2) and Rs. 18,500 towards penalty, Rs. 3,581 as interest thereon and Rs. 3,148 towards costs and ch...
Tag this Judgment!K.A. Chinnappa and Shanthasadashiva and ors. Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-18-1999
Reported in: ILR1999KAR1585; [1999]240ITR837(KAR); [1999]240ITR837(Karn)
Ashok Bhan, J. 1. This order shall dispose of C.R.P. Nos. 1511 of 1996 and 1543 of 1996 as the facts are similar and the question of law involved is the same. The facts are taken from C, R. P. No. 1511 of 1996.2. Aggrieved against the orders passed by the authorities below framing the assessment in the status of an association of persons instead of tenants-in-common in which status the petitioner had filed the return, the present revision petitions have been filed challenging the orders passed by the authorities below. The petitioner had been assessed under the Karnataka Agricultural Income-tax Act, 1957 (hereinafter called 'the Act'), in the status of tenants-in-common under Section 3(3) of the Act which provision reads as under :'In the case of persons holding property as tenants-in-common and deriving agricultural income, the tax shall be assessed at the rate applicable to the agricultural income of each tenant-in-common.'3. For the assessment year 1982-83 ending with March 31, 1983...
Tag this Judgment!Guruduth Prabhu and ors. Vs. M.S. Krishna Bhat and ors.
Court: Karnataka
Decided on: Feb-18-1999
Reported in: 1999CriLJ3909
A.M. Farooq, J.1. These writ appeals are directed against the common order dated 3-2-97 in Writ Petition Nos. 29498/95 to 29500/95. The respondents 8 and 9 in the writ petitions are the appellants in these writ appeals.2. The respondents 1 to 3 in these appeals filed writ petitions alleging that the 1st peti-tioner/R-1 is the Chairman and Chief Executive of the Karnataka Bank Limited. The 2nd peti-tioner/R-2 is the Deputy General Manager (Inspection & Vigilance) and the 3rd respondent is the Asst. General Manager, (H. R. & I.R. Department) of the said Bank. The bank in question according to the writ petitioners is a banking company in the private sector and covered by the Companies Act and subject to the regulatory control of the Reserve Bank of India in so far as the banking activities are concerned. That the bank has its Memorandum of Association and Articles of Association to regulate its functionary. It includes the power of appointment of personnel to the bank which is conferred o...
Tag this Judgment!D. Indroji Rao Vs. Management of Chamundi Machine Tools Limited, K.R.S ...
Court: Karnataka
Decided on: Feb-17-1999
Reported in: ILR1999KAR1487; 1999(3)KarLJ278
ORDER1. Petitioner was an employee of respondent-Chamundi Machine Tools Limited, Mysore ('company' for short). By an order made by Board of Directors of the company, which was communicated vide their letter No.CMT/ADO/1996-97, dated 19-4-1996, the order of dismissal passed by the Disciplinary Authority came to be confirmed, as a result of which the aggrieved employee has approached this Court under Article 226 of the Constitution, inter alia contending that the dismissal order passed by Disciplinary Authority and confirmed in the appeal by the Board of Directors is vitiated and illegal.2. Facts in brief are:Petitioner had joined the services of respondent-company in the year 1980 as a Technician Trainee. By subsequent orders, petitioner was promoted to the post of Junior Assistant Engineer (Supervisor).3. While working as Supervisor in the respondent-company, petitioner was served with a charge-memo dated 16-12-1994, containing charges of misconduct as supervisor of the company. The ch...
Tag this Judgment!N.B. Kulkarni Vs. Life Insurance Corporation of India, Bombay and Othe ...
Court: Karnataka
Decided on: Feb-17-1999
Reported in: ILR1999KAR2677; 1999(3)KarLJ325
ORDER1. Petitioner was an officer in the service of respondent-Life Insurance Corporation of India ('LIC' for short). While working as Assistant Branch Manager (Sales), Kolar Branch, Kolar, he was served with a charge-memo dated 30-8-1990. Charge-sheeted officer had filed his written statement of defence in detail, denying the accusations made in the charge-memo which related to an incident said to have occurred in the month of March 1985, which constituted his dishonesty, lack of integrity unbecoming of an officer of respondent-Corporation. An enquiry officer was appointed, who reported after holding a due enquiry that the charges was fully established. On the basis of the said report, the appropriate authority has passed an order imposing a penalty of reduction of the basic pay of the petitioner by two stages in the time scale. The appeal preferred by the delinquent was dismissed by the Appellate Authority by its order dated 18-7-1995. It is the correctness or otherwise of the afores...
Tag this Judgment!Honnaiah Alias Honnegowda and Another Vs. State by Police of K.R. Town ...
Court: Karnataka
Decided on: Feb-17-1999
Reported in: ILR1999KAR2691; 1999(6)KarLJ131
ORDER1. On 11-5-1998 at 11.00 a.m. C.W. 1-Ramakrishna Gowda appeared before the K.R. Pet Police and informed the police that at 7.30 a.m. the accused persons attacked his father and murdered him in the farm house by forming themselves into an unlawful assembly and therefore, the police registered a case in Cr. No. 63 of 1998 for the alleged offences punishable under Sections 143, 144, 147, 148, 448, 302 read with Section 149, Indian Penal Code. After completing the investigation, the police filed charge-sheet against 9 accused persons and arrested some of the accused persons. However, the 5th accused M.S. Girigowda is treated as absconding. Honnaiah and Subbegowda who were in judicial custody filed Criminal Petition in No. 3014 of 1998 under Section 439, Criminal Procedure Code. M.S. Girigowda who is treated as absconding filed Criminal Petition No. 28 of 1999 seeking anticipatory bail under Section 438, Criminal Procedure Code.2. Notice of these two petitions was given to the State Pu...
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