Karnataka Court January 2000 Judgments
The Oriental Insurance Company Limited, Bangalore Vs. Smt. Rathnamma a ...
Court: Karnataka
Decided on: Jan-10-2000
Reported in: II(2000)ACC711; 2001ACJ231; [2000(86)FLR330]; ILR2000KAR1894; 2000(4)KarLJ182
1. The Oriental Insurance Company Limited has filed this appeal against the Award of the Commissioner, Workmen's Compensation, Davanagere.2. Respondent 1-Rathnamma hereinafter referred to as 'claimant' filed a claim application under Workmen's Compensation Act (for short 'the Act') before the Commissioner, Workmen's Compensation, Davanagere, contending her son Kotrappa, hereinafter referred to as 'deceased' for convenience, was working as a coolie under respondent 2, on a monthly salary of Rs. 600/-. On 26-11-1991 the deceased after loading manure to the tractor-trailer belonging to the appellant was travelling in the said vehicle. On account of the rash and negligent driving of the driver of the vehicle, the deceased fell from the tractor, sustained injuries and later succumbed to it. The death occurred in the course of employment and hence prayed for awarding a sum of Rs. 5 lakhs as compensation against the employer.3. The Commissioner after notice and enquiry has taken the age of th...
Tag this Judgment!State of Karnataka Vs. Abdul Gaffar
Court: Karnataka
Decided on: Jan-10-2000
Reported in: 2000CriLJ4456
M.F. Saldanha, J.1. I have heard the learned SPP, on behalf of the State as also the respondent's learned Advocate Sri. Hedge.2. The charge against the accused is that, on 14-10-1992 at about 11 p.m. he is alleged to have broken into a temple and committed theft in respect of a copper pot and a copper offering box which Contained a sum of Rs. 200/- in cash. The complaint was lodged by P. W. 3 who is the trustee on 19-10-1992 at 5 p.m. and it is alleged that on 1-12-1992 the Police arrested the accused. In the course of investigation, he is alleged to have made a voluntary statement pursuant to which he lead the police and the panchas to his house from where he has produced the two items of property. There is no mention with regard to any recovery of any cash amount. The trial Court had charged the accused for having committed offences punishable under Sections 457 and 380, IPC, as also under Section 411 IPC., The reason why the trial Court acquitted the accused was because apart from t...
Tag this Judgment!M. Narayana Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Jan-07-2000
Reported in: ILR2000KAR3920; 2001(1)KarLJ323
ORDER1. The properties belonging to the petitioner were brought to sale pursuant to an award obtained by the respondent 2 against the petitioner.2. The case of the petitioner is that, during the pendency of these proceedings, he has paid a sum of Rs. 3,200/- in full discharge of the debt due to the 2nd respondent-Bank on 28-6-1977. Further, it is submitted that, even though the entire amount is paid, the execution proceedings continued and in the said execution proceedings the property was purchased by the State Government as there were no bidders. Again the petitioner in order to get the sale set aside was called upon to pay a sum of Rs. 3,450/- which includes the loan and miscellaneous expenditure incurred by the Bank. The said amount was also paid on 30-3-1984. Again the respondent 2-Bank called upon the petitioner to pay 5% solatium of the sale consideration for the purpose of reconveying the property to the petitioner. This amount was also paid by the petitioner.3. Thereafter, whe...
Tag this Judgment!Zulekha Begum Alias Rahmathunnisa Begum Vs. Abdul Raheem
Court: Karnataka
Decided on: Jan-07-2000
Reported in: II(2000)DMC99; ILR2000KAR743; 2000(2)KarLJ70
ORDERThis petition is by the wife challenging the order dated 21-8-1998 passed by the Family Court, Raichur, in Criminal Miscellaneous No. 49of 1998.2. The case of the petitioner is that she is the legally wedded wife of the respondent. Both are Muslims by religion and their marriage was solemnized in accordance with Mohammedan Law on 19-6-1982. For a period of two years she lived happily with her husband. Thereafter, it is the case of the petitioner that the respondent started ill-treating, harassing and abusing her. During the year 1984 the respondent drove her away from his house. On account of the intervention of the elders, the respondent took the petitioner with him in the month of October 1984. Again he continued to ill-treat her. In the month of January 1986, the respondent finally drove her away from his house, by then the petitioner was pregnant of five months. Having no other alternative, she had to return to her parents' house and there she gave birth to a son by name Mohd....
Tag this Judgment!Basavaraj Rayappa Kengeri and Others Vs. Three Officer/Deputy Conserva ...
Court: Karnataka
Decided on: Jan-07-2000
Reported in: AIR2000Kant180; ILR2000KAR1348; 2000(2)KarLJ565
ORDER1. The petitioners in this writ petition have sought for a direction declaring the permission sought for by them in their application dated 25-10-1989 is deemed to have been granted and they are entitled to cut and transport the trees standing on the land in Sy. No. 26 of Kasarwadi Village and also for a direction to issue transport passes to transport the cut trees.2. Petitioners 1 to 3 are claiming to be the joint owners in possession of the land bearing Sy. Nos. 25 and 26 of Kasarwadi Village. It is stated that the petitioners with a view to utilise the land in Sy. No. 26 for better cultivation, made an application on 25-10-1989 for permission to fell the trees standing in Sy. No. 26 under the provisions of the Karnataka Preservation of Trees Act, 1976 (for short 'Act'). The case of the petitioners is that since no order has been passed on the said application they are entitled to remove the standing trees in view of the deemed permission as provided under Section 8(4) of the A...
Tag this Judgment!Bharath Earth Movers Ltd. Vs. Commissioner of Income-tax
Court: Karnataka
Decided on: Jan-07-2000
Reported in: ILR2000KAR2975; [2000]244ITR547(KAR); [2000]244ITR547(Karn)
T.N. Vallinayagam, J.1. The Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated June 5, 1995, in respect of the assessment year 1984-85.'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the aggregate cost by way of payments made to the landlords, stamp and registration costs, i.e., Rs. 26,82,462 in all was not admissible as a deduction, but rent paid in advance only by way of security so that the lessor may adjust out of the said deposit monthly rent payable at the rate mentioned in the documents ?' 2. The assessee had raised two questions which are as under :'1. Whether, on the facts and in the circumstances and on the contentions taken, the Tribunal was right in holding that depreciation was not admissible in respect of the three flats at Calcutta for the reason that the petitioner was not an owner but holds leasehold rights in respect thereof ?2. Alternatively, and without prejudice...
Tag this Judgment!State of Karnataka Vs. Shankar and Another
Court: Karnataka
Decided on: Jan-06-2000
Reported in: 2000CriLJ1917; II(2000)DMC43; 2000(2)KarLJ61
ORDERM.F. Saldanha, J. This is one more of the distressing wife-burning cases where the allegation was that due to the non-return of the gold ring and the harassment and cruelty meted out to the deceased wife that she burnt herself. Though the prosecution has alleged that the accused had ill-treated her and were responsible for the incident, the mother and brother of the deceased who are the most important witnesses haveturned hostile and we are left with nothing other than the dying declaration. Normally, a Court would have relied on this document and it could have also formed the sole basis of a conviction but the difficulty that has arisen is that the condition of the deceased was bad, she was not in a position to make any statement on the date of the incident and we do not have any certificate from the doctor, that on the next day when the dying declaration was recorded, that the deceased was in a fit condition, mentally and physically to understand and answer questions. The learne...
Tag this Judgment!Kanoria Industries Ltd. Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-06-2000
Reported in: ILR2000KAR2368; [2000]119STC117(Kar)
ORDERT.N. Vallinayagam, J.1. In this revision, the order of the Karnataka Appellate Tribunal dated December 27, 1995 have been challenged on the ground that HDPE bags are not covered under entry 16-A(iii) of the Second Schedule to the Entry Tax Act, 1979. The said entry is as under :'Entry 16-A : Packing materials, namely, (i) wrapping paper, fibre board cases, paper boxes, folding cartons, paper bags, carrier bags, cardboard boxes, corrugated board boxes and the like ;(ii) tin plate containers (cans and boxes), aluminium foil, collapsible tubes, steel and aluminium drums and crates, and the like ;(iii) plastic films, bottles, pots (excluding country made earthen pots), jars, bags and cushioning material, and the like ;(iv) wooden boxes, crates, casks and containers and the like ;(v) gunny bags, bardan (including batars), hessian cloth and the like ;(vi) glass bottles, jars and carboys and the like ;' 2. Reliance is placed on the judgment given in the case of Maharashtra Hybrid Seeds C...
Tag this Judgment!M/S. Indian Rayon and Industries Limited (Rajshree Cement Division), A ...
Court: Karnataka
Decided on: Jan-05-2000
Reported in: AIR2000Kant155; ILR2000KAR1444; 2000(2)KarLJ1
1. The writ petitioner has filed the present appeal assailing the order of the learned Single Judge dated 5-2-1999 in W.P. No. 18950 of 1992, dismissing the writ petition.2. The brief facts of the case are:The KIADB, at the instance of the appellant company acquired certain lands and the lands were handed over to the appellant company under an agreement of lease. After the expiry of the lease period, the KIADB, executed two sale deeds and these sale deeds were sent to the appellant company to get them registered before the Jurisdictional Registrar. When presented for registration before respondent 4, he insisted that stamp duty will have to be paid in respect of the said deeds. The appellant-company submitted a representation to the District Registrar-respondent 3, stating that there is exemption provided from payment of stamp duty in view of Section 43 of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the Act'). But the District Registrar and the Sub...
Tag this Judgment!The Regional Provident Fund Commissioner, Mangalore Vs. M/S. Karnataka ...
Court: Karnataka
Decided on: Jan-05-2000
Reported in: [2000(86)FLR791]; 2000(2)KarLJ198; (2000)ILLJ1134Kant
1. In this appeal the appellant calls in question the order dated 17-9-1996 passed by the learned Single Judge in W.P. No. 12229 of 1987 allowing the writ petition filed by the respondent herein.2. The facts of the case in brief are:The respondent is an establishment covered under the provisions of the Employees' Provident Fund and Miscellaneous Provisions Act ('the Act' for short). Prior to 30-6-1981 the establishment was under the control of State Government. With effect from 1-7-1981 a separate Corporation was constituted and the affairs of the erstwhile department under the State Government was entrusted to the said Corporation. There was default in payment of the contribution under the Act from 1978 upto October 1987. The appellant passed orders under Section 14-B of the Act. The orders were challenged by the respondent in the present writ petition. The learned Single Judge allowed the writ petition and quashed the orders passed by the appellant. Hence, the appeal.3. We have heard...
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