Karnataka Court May 1999 Judgments
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M/S. Millipore (India) Private Limited, Bangalore Vs. Union of India a ...
Court: Karnataka
Decided on: May-24-1999
Reported in: 1999LC465(Karnataka); 1999(113)ELT62(Kar); 1999(5)KarLJ51
ORDER1. The petitioner has claimed a refund of Rs. 91,908/- in respect of the machineries imported and re-exported in accordance with the provisions of Section 74 of the Customs Act. It is undisputed that the said equipments were imported by the petitioner for exhibition and demonstration and thereafter, re-exported. Under sub-section (1) of Section 74 of the Customs Act, 98% of the duty is refundable. This refund is subject to the conditions mentioned therein. Under sub-section (2) of Section 74, if the goods have been used after importing, then, the refund is permissible as per the notification issued, the notification dated 6-2-1965, as amended by notifications dated 8-11-1969 and 2-5-1970 have been issued in this respect by the respondents. According to this notification, if the imported goods have been re-exported within a period of 6 months, then refund of 85% alone is permissible. It is submitted by the learned Counsel for the petitioner that the provisions of Section 74(2) are ...
Dr. N. Seetharama Shetty and Another Vs. Upendra Madhav Kini and Anoth ...
Court: Karnataka
Decided on: May-24-1999
Reported in: ILR1999KAR3288; 1999(6)KarLJ193
1. This is a defendant's appeal against the orders passed by the 12th Additional Civil Judge on I.A. IX in O.S. No. 62 of 1990.2. Respondents herein filed the suit O.S. No. 62 of 1990 against the appellants for permanent injunction and for declaration regarding the two sale deeds executed by one Lalithamma in favour of the appellants herein as a got up document. In the suit they had filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure against the appellants for an order of temporary injunction to restrain the appellants from interfering with their possession and enjoyment of property described in the plaint as 'A' schedule property and restrain them from interfering with their right of passage described as 'C' schedule property, and also prevent them from putting up any construction in respect of properties in possession of the appellants. Upon notice of the suit and the application, appellants entered their defence and objected for granting of temporary in...
N.K. Prakash Gupta Vs. Smt. Rukmaniyamma and Others
Court: Karnataka
Decided on: May-24-1999
Reported in: ILR1999KAR3043; 1999(6)KarLJ558
Acts/Rules/Orders:Karnataka Rent Control Act, 1961 - Sections 3, 14, 15, 16, 17, 21, 35, 50 and 50(1);Civil Procedure Code, 1908 - Sections 2(2), 37, 38 and 115 - Order 21, Rules 97, 98, 101 and 103;Karnataka Small Causes Courts Act, 1964 - Sections 3, 18 and 35-A;Constitution of India - Articles 136 and 226;Limitation Act, 1963 - Section 14Cases Referred:Shankar Ramchandra Abhyankar v. Krishnaji Dattatraya Bapat, AIR 1970 SC 1, (1970) 1 SCR 322, (1969) 2 SCC 74;S.R. Ganapathi Rao v. Puttamma, 1983(1) Kar. L.J. 318;M/s. Paramound Industries and Metal Finishers v. Smt. C.M. Malliga, 1990(3) Kar. L.J. 437, ILR 1991 Kar. 254;Jayantilal Sampatharaj Jain v. D. Noor Mohamed and Others, 1995(6) Kar. L.J. 84;C. Rangaswamaiah and Others v. Karnataka Lokayukta and Others, AIR 1998 SC 2496, (1998) 6 SCC 66;G. Ramakrishna Aithal v. Y. Varadappa, 1985(1) Kar. L.J. 181, AIR 1985 Kant. 182, ILR 1985 Kar. 551, 1985(2) RCR 296;B. Nookaraju v. M.S.N. Charities, AIR 1994 AP 334;P.R. Deshpande v. Maruti B...
Deejay Enterprises Private Ltd. Vs. Collector of C. Ex.
Court: Karnataka
Decided on: May-24-1999
Reported in: 1999(66)ECC531; 1999LC312(Karnataka); 1999(114)ELT805(Kar)
ORDERV.K. Singhal, J.1. The petitioner has challenged the order dated 27-4-1993 passed by the Collector of Central Excise. The dispute is regarding the classification of the products manufactured by the petitioner as to whether the Fungicides as claimed by the petitioner are disinfectants as held by the respondent. In this petition, it is stated that the principles of natural justice have been violated as the petitioner was not provided with an opportunity of cross-examination of the Chemical Examiner. The Collector held that the expert opinion is only a piece of evidence. The findings are corroborated by various statements of the employees of the assessee themselves duly supported by documentary evidence such as packing slip etc. Reliance was placed on the Judgment given in the case of Kanungo & Co., v. Collector : 1983(13)ELT1486(SC) , wherein, it was held by the Supreme Court that the 'Principles of natural justice did not require that in every matter, the persons who have given an ...
Mahadevappa and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: May-11-1999
Reported in: ILR2002KAR45; 1999(5)KarLJ732
ORDER1. This writ petition is directed against the judgment and order dated 18-9-1997 passed by the Deputy Commissioner, Shimoga District, Shi-moga, in Case No. SC.ST 34 of 1992-93 dismissing the petitioners' appeal and confirming the order dated 30-10-1992 passed by the Assistant Commissioner, Shimoga Sub-Division, Shimoga, in Case No. PTCL.CR. 7 of 1991-92 under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (Karnataka Act No. 2 of 1979), holding that the transfer made by the grantee in favour of the petitioners vide the sale deed dated 4-5-1964 to be null and void and directing its resumption after evicting the petitioners and the restoration of its possession to the grantee.2. The facts of the case in nutshell are:That the land in question is a subject-matter of the case, has been granted as per the petition allegation in favour of one Gaddalappa S/o Basappa, the father of respondents 4 to 6 on 22-5-1956 with th...
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