Karnataka Court September 1999 Judgments
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Karnataka State Road Transport Corporation Vs. Sayed Rahamulla and anr ...
Court: Karnataka
Decided on: Sep-17-1999
Reported in: (2001)IIILLJ984Kant
ORDERV.P. Mohan Kumar, J.1. This case was earlier heard by me and I dictated the order. Before I signed the same and on my going through the papers, I felt that the matter requires further hearing and as indicated in Vinod Kumar Singh v. Banaras Hindu University and Ors. : [1988]1SCR941 . I reported the same for further hearing to August 10, 1999. I heard the counsel for the petitioner as also Mr. P.R. Ramesh and Sri V.S. Naik, the counsel for the workers. After hearing, I reserved the matter for further orders. As the earlier judgment does not require material alteration except regarding the formulation of the relief to be granted, I am not recalling the said order. This case illustrates an unfortunate and sorry state of affairs prevailing in the conduct of case by the petitioner before the Tribunal as well as before other judicial forum. The petitioner acts, oblivious of the fact that it is the trustee of public fund and the brunt of the loss it sustains is passed on to the faceless ...
Miranka Ispat Ltd. Vs. Ispat Industries Ltd. and anr.
Court: Karnataka
Decided on: Sep-17-1999
Reported in: [2002]109CompCas461(Kar)
M.F. Saldanha, J. 1. Heard learned counsel on both the sides. On August 20, 1999, C. A. No. 515 of 1999 for setting aside/recalling the order dated December 10, 1998, was taken up for hearing. The short point canvassed on behalf of the applicants who in fact are the original company that was ordered to be wound up by order dated December 10, 1998, was that on the date when the winding up order was passed, there was a reference pending before the BIFR and that consequently, this court was precluded from passing any orderof winding up by virtue of the pendency of that reference. My attention was drawn to the ruling of the Supreme Court reported in Real Value Appliances Ltd. v. Canara Bank : [1998]3SCR170 wherein, the term 'pending' has virtually been annotated and the Supreme Court has laid down that the reference ought to have been scrutinised and numbered on that date. There is a very deep and valid reason why the apex court has taken this view which is in order to avoid any form of po...
State Through Deputy Superintendent of Police, Bhatkal Division, Uttar ...
Court: Karnataka
Decided on: Sep-16-1999
Reported in: 2000(2)KarLJ218
1. This appeal has been preferred by the State of Karnataka and it assails an order of acquittal recorded in favour of original accused 5 to 9 in S.C. No. 13 of 1994 on the file of the learned Sessions Judge, U.K. Karwar.2. These accused along with original accused 1 to 4 whose case has been split up stood charged with having committed the offences punishable under Sections 143, 147, 148, 302, 201, 323, 114 read with Section 149 of the IPC. The incident had taken place at Mugdum Colony in Bhatkal Town at about 7.40 p.m. on the evening of 20-8-1993. The allegation was that the deceased-Mahadev who used to run a small tea shop on the Bunder road was assaulted by nine persons some of whom were armed with knives and that he was not only stabbed but also beaten and kicked and that as a result of this attack, he died on the spot. The further allegation against the accused was that they, had taken away the body of Mahadev to the side of a small hill and that the body was wrapped in two gunny ...
United India Insurance Company Limited, Tumkur Vs. Doddapapaiah and An ...
Court: Karnataka
Decided on: Sep-14-1999
Reported in: I(2000)ACC373; 2001ACJ1418; ILR2000KAR612
ORDER1. This appeal is by the Insurance Company.2. Respondent 1 had filed a petition claiming compensation in respect of the injuries suffered by him in the accident occurred on 11-4-1992. Before the Tribunal the appellant Insurance Company had taken the defence that respondent 1 is not entitled to any compensation because on the date of accident he was travelling on the top of the bus which is contrary to Section 123(2) of the Motor Vehicles Act, 1988 (for short 'the Act'). Before the Tribunal, the Insurance Company has not adduced any evidence to prove that the petitioner was travelling on the top of the bus. Therefore, the Tribunal on the assessment of evidence has held that the 1st respondent is entitled for compensation of Rs. 22,000/- with interest and has also held that the Insurance Company has not adduced any evidence to show that the 1st respondent was travelling on the top of the bus.3. Section 123(2) of the Act, reads as follows.-'123(2) No person shall travel on the runnin...
Smt. Neelavva Vs. Rudrayya
Court: Karnataka
Decided on: Sep-10-1999
Reported in: ILR2000KAR675; 2000(2)KarLJ311
ORDER1. This is a plaintiff's appeal against the order of the First Additional Civil Judge (Senior Division), Dharwar in R.A. No. 18 of 1995 challenging the remand of the case to the Trial Court with a direction to refer issues 2 and 6 to the Land Tribunal for adjudication.2. The plaintiff instituted a suit for partition and separate possession of a house and two agricultural lands enumerated in the plaint schedule. The defendant, who is unrepresented in this Court, contested the plaintiff's right to seek partition of the properties claimed in the plaint. The issue No. 2 related to the claim of the plaintiff that the properties are joint family properties in the possession of the joint family. Issue No. 6 related to the claim of the defendant that R. Sy. No. 196 measuring 8 acres and 10 guntas is his exclusive property and consequently not liable for partition. The learned Munsiff examined the respective contentions of the parties, and granted a decree in favour of the plaintiff for pa...
P. Sooryanarayana Shetty and Another Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Sep-10-1999
Reported in: ILR1999KAR4721; 2000(5)KarLJ570
ORDERG. Patribasavan Goud, J.1. The Supreme Court considered at length the evil consequences of the continued employment of child labour notwithstanding the relevant constitutional and statutory provisions in that regard. Referring to various constitutional and other statutory provisions, convention on the rights of a child concluded by the U.N. General Assembly and Reports of various Committees, the Supreme Court found that, notwithstanding all these safeguards against the abuse of child labour, children are continued to be subjected to hardship that should not have visited them at their tender age. While doing so, the Supreme Court also took guidance from the provisions of the Child Labour (Prohibition and Regulation) Act, 1986 ('Act' for short) in order to give certain directions with reference to the provisions of the said Act, in addition to giving other directions. While doing so, the Supreme Court also noticed as to how, notwithstanding the penal provisions contained in Section ...
M/S. S.R. Nagaraj and Company, Arasikere Town, Hassan District Vs. M/S ...
Court: Karnataka
Decided on: Sep-10-1999
Reported in: ILR1999KAR4020; 1999(6)KarLJ209
1. This appeal is filed by the complainant in CC. No. 354 of 1995 on the file of the Prl. Civil Judge (Jr. Dv.) and JMFC, Arasikere, against the order of acquittal of the respondent accused in respect of the offenceunder Section 138 of the Negotiable Instruments Act (for short, the 'Act').2. The appellant has filed a complaint against the respondent in the Trial Court for the offence under Section 138 of the Act, alleging that its firm was dealing in business of sunflower seeds in RMC Yard, Arasikere and the respondent has purchased the sunflower seeds from the appellant's firm and towards payment of the amount of the bill respondent has issued two cheques, one bearing No. 573356 dated 1-4-1995 for Rs. 1,50,000/- and another Cheque No. 573355 dated 6-4-1995 for Rs. 1 lakh in favour of the appellant, drawn on Vijaya Bank, Haveri Branch. When the appellant presented the above said two cheques for encashment through its banker Syndicate Bank, Arasikere Branch, those two cheques were retur...
Chikkahottappa Alias Varadegowda and Others Vs. State by Huliyurdurga ...
Court: Karnataka
Decided on: Sep-09-1999
Reported in: 2000(1)KarLJ17
M.F. Saldanha, J.1. The eight appellants before us were the original accused in Sessions Case No. 7 of 1993 before the learned Principal Sessions Judge, Tumkur. It was alleged that in an incident that took place at Bandihalli at about 7 p.m. on 13-7-1992, that the eight accused who are members of an unlawful assembly had assaulted the deceased Rajanna with much us, sticks and a wooden reaper and that as a result of the injuries sustained by him, he died shortly thereafter. The accused are all inter-related and the prosecution alleges that there was some rivalry between the two groups which is of a long standing nature and that this was the real reason for the incident. The mother of the deceased P.W. 1-Ningamma states that the accused persons had come to her house shortly before theincident and that some of them were armed with much us and that the remaining persons had clubs and a wooden reaper with them. They asked her as to where her son Rajanna was. She informed the persons who had...
Management of Jyothi Home Industries and Others Vs. State of Karnataka ...
Court: Karnataka
Decided on: Sep-09-1999
Reported in: [2000(84)FLR391]; 2001(2)KarLJ217; (2000)ILLJ596Kant
ORDERV.P. Mohan Kumar, J.1. It has been recognised that the payment of the minimum wages to a worker by the employer has to be guaranteed by the State. Though, the Supreme Court of the United States as late as in 1936 i.e., in More Head v Tipaldo, regarded a Minimum Wages Act as an unconstitutional interference with the Freedom of Property, this has not been so with Indian Polity. A minimum wage was considered necessary catalyst to advance social status of the worker even according to our ancient law given and treated as an obligation of the State.2. Mr. Justice Y. Bhaskar Rao (as he then was) pointed out thus in Secunderabad Club v State of Andhra Pradesh, adverting to the conceptof minimum wages as laid down in Sukra Neeti, His Lordship quoted thus:'It would be relevant to look at the conditions governing wage, life and other social aspects of workers, which are delineated in Sukra Neeti an ancient treatise. The English translation of which is:'Wages to be considered as fair must be ...
Commissioner of Income-tax Vs. Aboo Mohmed
Court: Karnataka
Decided on: Sep-09-1999
Reported in: (2000)160CTR(Kar)128; [2001]250ITR313(KAR); [2001]250ITR313(Karn); [2000]111TAXMAN120(Kar)
V.K. Singhal, J.1. The Income-tax Appellate Tribunal has referred the following questions of law arising out of its order dated January 11, 1994, for the assessment year 1986-87.'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the assessee has not concealed the particulars of income, as concealment has to be considered with reference to the return of income filed by the assessee, when the assessee has filed the return of income after seizure of cash from the asses-see by the Customs and Central Excise and its seizure by the Income-tax Department under Section 132A ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that Explanation 5 to Section 271(1)(c) does not apply to a proceeding under Section 132A ?'2. The facts of the case are that the assessee is an individual. While he was travelling from Bombay to Trichur, by a bus belonging to Madeena Travels, the Custo...
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