Karnataka Court June 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
K.B. Dayananda Vs. Tahsildar, Belur Taluk, Belur, Hassan District and ...
Court: Karnataka
Decided on: Jun-25-1999
Reported in: AIR2000Kant37; ILR1999KAR3208; 1999(6)KarLJ93
ORDER1. The petitioner, who is running a Fair Price Depot at Karagada Village, Kasaba Hobli, Belur Taluk, in this petition, has called in question the correctness of the show-cause notice dated 22nd of April, 1999, a copy of which has been produced as Annexure-C, and also the order dated 4th of May, 1999, a copy of which has been produced as Annexure-E, passed by the first respondent-Tahsildar.2. The petitioner has obtained authorisation issued under the provisions of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (hereinafter referred to as 'the Control Order'), for purchase, sales, storage for sale of foodgrains and other essential commodities from the Deputy Commissioner, Hassan District, on 6th of October, 1995 and the same was being renewed from time totime and it is made valid till 31st of December, 1999. The petitioner also has obtained retail dealers licence for the purpose of carrying on business in purchase, sale and storage for sale of e...
Chamundi Granites P. Ltd. Vs. Deputy Commissioner of Income-tax and an ...
Court: Karnataka
Decided on: Jun-25-1999
Reported in: (1999)157CTR(Kar)128; [1999]239ITR694(KAR); [1999]239ITR694(Karn)
V.K. Singhal, J. 1. Validity of the provisions of Section 269SS and Section 271D of the Income-tax Act, 1961, has been assailed in these petitions. The petitioner was assessed for the year 1991-92 on February 21, 1994, and proceedings under Section 271D were initiated levying penalty of Rs. 12,50,000 for violation of the provisions of Section 269SS. It was found that the asses-see has received advance of deposits in cash in excess of Rs. 20,000 from various parties. Since the total of that sum was Rs. 12,50,000 penalty of Rs. 12,50,000 was imposed.2. It is stated by learned counsel for the petitioner that the borrowings have been found to be genuine and have not been treated as income of the petitioner. Neither the provisions of Section 68 were invoked nor any action to bring the said amount to tax was taken. The advances were made by three directors, namely, Sri K. R. Somashekar, S. Rajashekar, S. Chan-drashekar, to the extent of Rs. 7.40 lakhs, Rs. 4,70 lakhs, and Rs. 40,000, respect...
Chamundi Granites (P.) Ltd. Vs. Dy. Commissioner of Income-tax
Court: Karnataka
Decided on: Jun-25-1999
Reported in: [1999]106TAXMAN364(Kar)
ORDER1. Validity of the provisions of section 269SS and section 271D of the Income Tax Act, 1961 has been assailed in these petitions. The petitioner was assessed for the year 1991-92 on 21-2-1994 and proceedings under section 271D were initiated levying penalty of Rs. 12,50,000 for violation of the provisions of section 269SS. It was found that the assessee had received advance of deposits in cash in excess of Rs. 20,000 from various parties. Since the total of that sum was Rs. 12,50,000, penalty of Rs. 12,50,000 was imposed.2. It is stated by the learned counsel for the petitioner that the borrowings have been found to be genuine and have not been treated as income of the petitioner. Neither the provisions of section 68 were invoked nor any action to bring the said amount to tax was taken. The advances were made by three directors, namely, Sri K.R. Somashekar, S. Rajashekar, S. Chandrashekar to the extent of Rs. 7.40 lakhs, Rs. 4.70 lakhs, and Rs. 40,000, respectively. Section 269SS ...
Ufm Ramabai Hanumanth Nayak Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jun-24-1999
Reported in: 2000(1)KarLJ352
ORDER1. Heard the learned Counsel Sri K.I. Bhatta for the petitioner, Sri R.V. Jayaprakash for respondents 3 to 5 and the learned High court Government Pleader who is directed to take notice on behalf of respondents 1 and 2.2. The petitioner was granted earlier 2 guntas of land in 1965. Adjacent to this land, there is a vacant small strip of land measuring 14' x 80'. As this was not useful to any other person for any purpose the same could not have been allotted or granted independently to any other person either for house or site or for any other purpose. The petitioner applied for and obtained the grant on 28-3-1984. Subsequently, the suit appears to have been filed in O.S. No. 65 of 1984 wherein the right of way was claimed over this particular piece of land as easement. The suit came to be dismissed after elaborate trial and the finding has become final. It appears that respondents 3 to 5 who claim to be the owners on the other side of the municipal land wanted to have access to th...
Narayanaswamy Vs. State of Karnataka
Court: Karnataka
Decided on: Jun-24-1999
Reported in: 2000CriLJ262; 1999(6)KarLJ52
N.S. Veerabhadraiah, J. 1. The accused Narayanaswamy was convicted for an offence punishable under Section 302, Indian Penal Code by the Principal Sessions Judge, Kolar in S.C. No. 95 of 1992, dated 30-6-1994/1-7-1994 sentencing him to undergo imprisonment for life. Being aggrieved of the conviction and sentence he has come up with this appeal. 2. Brief facts leading to the crime are as follows.-- The accused Narayanaswamy is the resident of Kembodi village residing with his wife P.W. 4-Ramadevi. Two daughters by name Kavitha and Shilpa and a son by name Nagendra Babu were born to them out of their wedlock. The accused was not in the habit of doing any work and was addicted to drinks whereas his wife P.W. 4-Ramadevi at the relevant point of time was working as a Cook in the hostel under P.W. 2-M. Muniswamy who is the Head Master of Janata High School. The accused Narayanaswamy always used to quarrel demanding his wife to pay her wages and that he also used to assault was the routine af...
Shanthi Vidya Kendra, Bellary Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jun-24-1999
Reported in: AIR2000Kant131; 1999(6)KarLJ104
ORDER1. The petitioner herein being a Society registered tinder the Karnataka Societies Act was running an educational institution under the name and style 'Shanthi Vidya Kendra' situated at Parvathinagar, Bellary, and it had filed the instant writ petition as against the respondents 1 to 4. As could be made out from the cause title, the respondent 1 is the State and the respondent 2 is the Assistant Director of Land Records, whereas the respondent 3 is the Principal District and Sessions Judge, Bellary and the respondent 4 is the Bellary Urban Development Authority; of course the respondent 4 subsequently was given up by the petitioner by filing a memo on 30-5-1997. 2. I heard the learned Counsel for the petitioner Sri P.R. Ramesh and the learned Counsel for the respondent 3 Sri K. Gopal Hegde. The respondent 1-State and the respondent 2-Assistant Director of Land Records are represented by the learned Additional Government Advocate Sri M.N. Ramanjaneyagowda. 3. In filing the writ pet...
The State Vs. Raju Alias Nagaraja and anr.
Court: Karnataka
Decided on: Jun-24-1999
Reported in: 2000CriLJ955
M.F. Saldanha, J. 1. We have heard the learned SPP on merits as he has seriously assailed the correctness of the acquittal order in this case. His submission is that both the offences of kidnapping and rape stand established in so far as the evidence of the minor girl which is corroborated by the medical evidence brings home the charges against the accused. It has further been submitted that the few infirmities on the basis of which the accused has been acquitted cannot outweigh the other material on record and that interference is very necessary.2. The cases involving minors throw up delicate issues and a Court is required to take a very cautious as also a very realistic view bearing in mind the sociological consequences of the orders that a Court may pass. In a case where a minor is induced to leave the lawful guardianship, technically the offence of kidnapping would stand established and similarly, even if a minor girl voluntarily accompanies the accused and submits to sexual interc...
Chairman, Karnataka Housing Board, Bangalore Vs. Doddegowda and Anothe ...
Court: Karnataka
Decided on: Jun-23-1999
Reported in: ILR1999KAR3360; 1999(6)KarLJ231
Acts/Rules/Orders:Land Acquisition Act, 1894 - Sections 4, 23(1-A) and 28JUDGEMENT Mohamed Anwar, J.1. This appeal from the judgment and award dated 9-11-1998 passed in L.A.C. No. 9 of 1997 of the reference Court has arisen out of the land acquisition proceedings initiated on the basis of the preliminary notification under Section 4(1) of the Land Acquisition Act ('the Act' for short), dated 20-5-1987 published on 11-6-1987 pursuant to which award dated 16-4-1997 of R-2, the Special Land Acquisition Officer was passed acquiring the land of R-1 (claimant) bearing S. No. 31/1B measuring 1 acre 26 guntas situate at Henjagondanahalli Village in Arasikere Taluk of Hassan District, for the purpose of Housing Scheme formulated by the appellant-Karnataka Housing Board.2. The fact situation of this case is same as obtainable in connected M.F.A. No. 1444 of 1999 which has been disposed of by us by a considered judgment dictated and delivered today: Therefore, for the reasons stated therein i.e.,...
S.M. Shivanna Vs. Deputy General Manager, Karnataka State Financial Co ...
Court: Karnataka
Decided on: Jun-23-1999
Reported in: 1999(6)KarLJ569
ORDER1. The petitioner is the owner of Industrial Shed bearing No. 189 situated in Bellur Village in Bangalore District. He raised loan from the Karnataka State Financial Corporation (hereinafter referred to as 'KSFC') for the construction of the said shed offering the said property as security. After construction of the shed, the petitioner let-out the same to one M/s. Pagaria Foods Private Limited (hereinafter referred to as 'the tenant') on a monthly rent of Rs. 14,000/-. Since the petitioner committed default in payment of the loan amount, the KSFC seized the shed in question. In those circumstances, the tenant filed W.P. No. 29470 of 1992 in this Court challenging order of KSFC to take over possession of the shed in question. In that writ petition the petitioner herein was also a party as respondent 4. In that writ petition, the tenant agreed to pay the monthly rent of Rs. 14,000/- per month to the KSFC directly instead of paying to the petitioner. It was further agreed that the r...
Shah Genmal Sakal Chand and Co. Vs. Commissioner of Income-tax and anr ...
Court: Karnataka
Decided on: Jun-23-1999
Reported in: [1999]240ITR45(KAR); [1999]240ITR45(Karn)
V.K. Singhal, J.1. The order of the Commissioner of Income-tax, dated February 17, 1999, has been assailed in this petition. The petitioner has submitted a revision for the year 1995-96 against the assessment order passed under Section 143(3) dated March 31, 1997, on January 29, 1999. In that revision petition, neither the application for condonation of delay was filed nor any reasons were stated for late filing of the petition. In response to reply dated February 5, 1999 also, no reasons were stated. The revision petition was dismissed where it was observed that it was filed only for taking benefit of the Kar Vivad Samadhan Scheme, 1998.2. In accordance with the scheme of the Kar Vivad Samadhan Scheme, 1998, if the revision is pending then the declaration could be filed. For the purpose of maintenance of the revision even a belated revision could have been filed giving reasons for delay in submitting the revision. In any case, when the notice was issued to the petitioner, it was the d...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »