Karnataka Court July 1999 Judgments
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Syndicate Bank Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jul-26-1999
Reported in: [2000]119STC155(Kar)
ORDERV.K. Singhal, J. 1. Validity of Section 4-B of the Karnataka Tax on Entry of Goods Act, 1979 and notification dated March 31, 1997 issued thereunder have been assailed in these petitions.The provisions of Section 4-B of the Act are as under :4-B. Levy of tax.--(1) Notwithstanding anything contained in Section 3, there shall be levied and collected a tax on the entry of any motor vehicle into a local area for use or sale therein by an importer which is liable for registration, or assignment of a new registration mark in the State under the Motor Vehicles Act, 1988.2. It is submitted that the above provision is unconstitutional and ultra vires Article 404(b) of the Constitution of India as the tax is sought to be levied on the entry of motor vehicle into the local area for consumption, use or sale therein, only when such motor vehicles are entered into the local area from any place outside the State. The motor vehicle coming from other part of the State and entering into the local a...
Pramod Mehra Vs. Vivek Textile Mill Karmikara Sangha and ors.
Court: Karnataka
Decided on: Jul-24-1999
Reported in: (2000)ILLJ631Kant
ORDERV. Gopala Gowda, J.1. The petitioner who was a Director of Vivek Textile Mills Private Limited is before this Court seeking for issuance of a writ or certiorari to quash the order of sanction granted by the 1st respondent-State Government persuant to the complaint vide at Annexure-A and further sought for a declaratory relief by issuing a writ of mandamus to declare that the award passed by the 3rd respondent Labour Court in Ref. No. 61/1984 dated January 28, 1987 is not binding on him or the same is not valid as per the principles of natural justice and further sought for issuance of a writ of certiorari to quash the award passed in Ref. No 61/1984 and further issue a direction to 5th respondent to furnish the particulars of the assets of the petitioner and the amounts realised therein by the sale of the petitioner's assets in respect of its Textile Mill at Peenya and also direct the said Corporation to meet the statutory closure compensation payable under Section 25-FFF of the I...
State of Karnataka Vs. Pundalik and ors.
Court: Karnataka
Decided on: Jul-24-1999
Reported in: 1999CriLJ4751
M.F. Saldanha, J.1. We have heard the learned Additional State Public Prosecutor at considerable length with regard to the merits of the case, because this issue is closely interlinked with the aspect of condonation of delay. We have considered the grounds in support of LA. No. 1 and the delay is condoned. LA. No. I is allowed.2. The learned Additional State Public Prosecutor submitted that this is one more of the dowry death cases and that this Court should take a very serious view of the matter. In principle, the submission is well founded, but it is necessary to look to the facts and to the law in each individual criminal case. In this incident, six years have elapsed between the year 1985 when the marriage took place and 1991 when the suicide occurred. The question is, as to whether the accused drove the deceased to commit suicide and whether the incriminating factors are such as would come within the frame work of Section 498-A, IPC. There is a good deal of evidence that has been ...
Suryakanth Vs. Smt. Allamaprabhu Alias Allawwa
Court: Karnataka
Decided on: Jul-22-1999
Reported in: 2000(1)ALT(Cri)58; 2000CriLJ120; ILR2000KAR574; 1999(6)KarLJ59
ORDER1. The order of the Family Court rejecting the petition filed by the petitioner under Section 126(2) of the Cr. P.C. has been challenged in this petition. The respondent filed a petition under Section 125 of the Cr. P.C. on 27-7-1992 seeking maintenance of Rs. 500/-. Objections were filed and the Advocate for the petitioner also appeared but on 9-2-1994, the Presiding Officer was on leave. It is stated that thereafter the Advocate has not appeared and ultimately the order under Section 25 was passed on 3-9-1994 awarding maintenance of Rs. 400/- per month. Petition under Section 126(2) was moved on 29-9-1994. The learned Judge was of the opinion that the provisions of Section 126(2) of the Cr. P.C. are applicable to set aside the ex parte order. But there is no provision for setting aside the ex parte judgment. In other words, the application under Section 126(2) of the Cr. P.C. could have been moved when the main matter under Section 125 of the Cr. P.C. was pending. 2. Arguments o...
United India Insurance Company Limited, Hubli Vs. Smt. Sangavva Alias ...
Court: Karnataka
Decided on: Jul-21-1999
Reported in: II(2000)ACC342; ILR2000KAR364; 2000(1)KarLJ549
ORDER1. MFA No. 452 of 1990 and MFA No. 959 of 1990 arise against a common order passed by the Claims Tribunal, Dharwad in MVC No. 302 of 1988.2. MFA No. 452 of 1990 is filed by the United India Insurance Company challenging that portion of the award of the Tribunal holding it liable to pay the compensation while MFA No. 959 of 1990 is filed by the legal representatives of Sannabheemappa for enhancement of compensation.3. The deceased Sannabheemappa along with his wife Shivagangamma and the grandchild Netravathi were travelling in the lorry bearing No. MYT 5554 with their goods on the Poona Bangalore Road. The lorry met with an accident on account of the rash and negligent driving of the driver and in the ensuing accident all the 3 of them died. Legal Representatives of the deceased filed separate claim petitions for compensation in MVC Nos. 301, 302 and 303 of 1988.4. Tribunal after notice and enquiry awarded compensation as follows:(a)MVC No. 302 of 1988 --Rs. 1,17,220/-(b)MVC No. 30...
Assistant Commissioner and Land Acquisition Officer, Putter, Dakshina ...
Court: Karnataka
Decided on: Jul-21-1999
Reported in: 1999(6)KarLJ417
G.C. Bharuka, J.1. This is a State's appeal through the Assistant Commissioner-cum-Land Acquisition Officer, Puttur, Dakshina Kannada, questioning the correctness of the judgment and award dated 14-10-1993 passed by the Civil Judge, Puttur, under Section 26 of the Land Acquisition Act, 1894 (in short, 'the Act').2. The acquisition proceedings were started pursuant to the notification dated 28-1-1986 issued under Section 4(1) of the Act. The lands acquired are, 63 cents in Sy. No. 171/11-E, one cent in Sy. No. 174/12-B, 7 cents in Sy. No. 171/7-A, 9 cents in Sy. No. 171/6-A, 9 cents in Sy. No. 171/10-B and 9 cents out of Sy. No. 171/9-A. Out of these lands, the lands comprising in Sy. No. 171/12-B and 6 cents in Sy. No. 171/10-B are Bhagayath lands (Garden lands). The Land Acquisition Officer (in short, 'the LAO'), on the basis of the sale statistics collected by him from the office of the concerned Registrar and treating the same as comparable sales, under his award dated 7-2-1990 dete...
S. Ravindra Reddy and Another Vs. Gulbarga University and Others
Court: Karnataka
Decided on: Jul-20-1999
Reported in: ILR1999KAR3638; 2000(1)KarLJ320
ORDER1. The petitioners in W.Ps. 12525 and 12526 of 1992 have sought for quashing of the order dated 30/31-3-1992 passed by respondent 1 (Annexure-D) promoting respondents 2 to 7 to the post of Assistant Office Superintendent and also have sought for striking down Item 8 in the Schedule to the Statutes governing the Cadre and Recruitment Rules of non-teaching employees and for other reliefs.2. The petitioners in W.Ps. 37606 and 37607 of 1995 have sought for a direction directing respondents 1 and 2 to consider the case of the petitioners for retrospective promotion to the cadre of Assistant Office Superintendents with effect from 13-4-1986 and 20-4-1986 respectively or from the date when vacancy became available and further to review the promotions by considering their case for the post of Office Superintendents in the promotion quota from the date of their eligibility and to give all consequential benefits including monetary benefits.3. The petitioners in W.Ps. 12525 and 12526 of 1992...
Smt. Lalitha Laxmana Kundargi Alias Nagarathna Ko Shivaputrappa Vs. Ma ...
Court: Karnataka
Decided on: Jul-20-1999
Reported in: ILR1999KAR3900; 2000(1)KarLJ302
ORDER1. Petitioner is the widow of one Shivaputrappa Ramachandrappa Yanakanchi who was working as Helper under the first respondent-corporation. He died while in service on 25-7-1995. A copy of the death certificate is produced vide Annexure-A. Petitioner claims that she has one minor child and she and her minor son have no source of livelihood. She, therefore, applied to the first respondent for appointment on compassionate grounds, as helper, on 4-8-1995, within ten days from the date of death of her husband. She was aged 34 years old at the time of such application. The said application was rejected vide Annexure-C, dated 22-8-1998, on two grounds. The first is that she has not passed the 8th standard, which is the prescribed minimum qualification for the post of Helper-II. Secondly, she is aged more than 30 years, which is the maximum age fixed for appointment. Feeling aggrieved, petitioner has filed this petition and sought quashing of Annexure-C, dated 22-8-1998 and a direction t...
Union of India and Others Vs. City Municipal Council, Ranebennur, Dhar ...
Court: Karnataka
Decided on: Jul-19-1999
Reported in: AIR2000Kant104; 2000(1)KarLJ31
ORDERBy this petition validity of Section 94 of the Karnataka Municipalities Act, 1964 has been assailed. The petitioners are the owners of the departmental staff quarters. By circular dated 10-1-1995 direction was given to levy tax on property belonging to Central Government if the same is used for residential purposes. Section 94 of the Act authorises the Municipal Council to levy the tax in respect of land or building situated within its area. The proviso which is challenged is as under:'Provided that.- (a) no tax imposed as aforesaid other than water-rate shall, without the express approval of the Government, be leviable in respect of.- (i) any building or part of any building belonging to the Central Government or any State Government and used for purposes of Government and not used or intended to be used for residential or commercial purposes; (ii) any land belonging to the Government not used for commercial purposes; (iii) any vehicle, or other property belonging to the Central ...
Loki Alias Lokesha Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-19-1999
Reported in: 2000CriLJ149
1. The appellant before us who was' the first accused in Sessions Case No. 216/94 before the learned IX Additional Sessions Judge, Bangalore City was convicted by the trial Court for an offence punishable under Section 302, IPC and sentenced to undergo R. I. for life and to pay a fine of Rs. 1,000/- in default, to undergo R.I. for one month.2. The prosecution case briefly stated was to the effect that on the afternoon of 10-8-1993 the P.Ws. 1, 2 and 3 along with the deceased had gone to a film show at about 2.45 p.m. at a talkies situated in M.S.R. Nagar. Since the show had started and it was dark, the deceased is supposed to have tripped over the legs of A-1 whereupon a fight ensued between the two of them. Not only was an abusive and vulgar language was used but the deceased is also supposed to have given two slaps to A-1. P.W. 1 contends that during the interval, he made enquiries and came to know that the name of A-1 was Loki and that the three other persons with him were his frien...
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