Karnataka Court July 2000 Judgments
Karnataka State Industrial Investment and Development Corporation Ltd. ...
Court: Karnataka
Decided on: Jul-07-2000
Reported in: [2001]105CompCas416(Kar); ILR2000KAR3399
G. Patri Basavana Goud, J.1. Sun Crush Fruits (P.) Limited (hereinafter to be called 'the assessee') is due in a sum of Rs. 2,16,756 by way of arrears of sales tax for the year 1991-92. The respondent-Assistant Commissioner of Commercial Taxes initiated a proceeding before the learned Special JMFC (Sales Tax), Bangalore, at Criminal Misc. No. 1057 of 1996 for recovery of the said sum under Section 13(3)(b) of the Karnataka Sales Tax Act, 1957 ('the KST Act', for short). The learned magistrate issued fine levy warrant for recovery of the said amount under Section 421(1)(a) of the Criminal Procedure Code, 1973, by attachment and sale of the movable property of the assessee. The said movable property sought to be attached and sold was the plant and machinery. But the said plant and machinery, by then, had already been mortgaged and hypothecated in favour of the Karnataka State Industrial Investment and Development Corporation Limited, Bangalore ('KSIIDC', for short) The said KSIIDC is a f...
Tag this Judgment!Vijaya Kuruba G. Vs. Karnataka State Road Trans. Corpn.
Court: Karnataka
Decided on: Jul-07-2000
Reported in: 2001ACJ1701
Hari Nath Tilhari, J.1. This is the claimant's appeal arising from the judgment and award dated 26.8.1993 delivered by the Motor Accidents Claims Tribunal, Bangalore, in MVC No. 73.of 1992 awarding only a sum of Rs. 26,000 as compensation with interest at the rate of 6 per cent per annum. Feeling aggrieved by the judgment and award and dissatisfied with the compensation awarded, the claimant has come up in this appeal before this court.2. The facts of the case in brief are that on 31.8.1991 at 1.30 p.m. the claimant Vijaya Kuruba was travelling in the BTS bus bearing No. MEF 419 from Richmond Bus-Stop to Benaganahalli. She was standing inside the bus just near the front door as the bus was fully overcrowded and when the bus was going in high speed near Mayo Hall signal, there was change of signal from green to yellow and the driver of the bus suddenly applied brakes to stop the bus, but after having a second thought he drove the bus without stopping at the same speed. The case of the c...
Tag this Judgment!Mahesh Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-06-2000
Reported in: 2001(4)KarLJ116
S.R. Bannurmath, J. 1. Being aggrieved by the judgment of conviction dated 18-4-1996 passed by the Sessions Judge, Bangalore City in S.C. No. 314 of 1994, the accused has preferred this appeal.2. The brief facts of the case are as follows:The deceased Channamma is the wife of accused Mahesh. They had led married life almost for a decade and in fact stated to have three children including P.W. 6-Mamata. According to the prosecution the accused was addicted to liquor and in the drunken condition used to pick up quarrel with the deceased. On the fateful day viz., 28-1-1994 at about 3 O'clock in the afternoon, it is alleged that the deceased came in drunken condition to the house, picked up quarrel with his wife Channamma in the house and suddenly poured kerosene on her from a plastic can in the house and set her on fire, She was taken to the hospital and later at about 9.30 p.m. in the night she breathed her last. According to the prosecution when Channamma was taken to the hospital, P.W....
Tag this Judgment!B. Parimala and ors. Vs. Riyaz Ahmed and ors.
Court: Karnataka
Decided on: Jul-06-2000
Reported in: ILR2001KAR1443
R.V. Raveendran, J.1. This is a claimants' appeal against the judgment and award dated 26-9-1996 passed by the District Judge and MACT, Chitradurga, in MVC No. 19/1994.2. The appellants are respectively the widow, three children and mother of one Govinda Setty. The said Govinda Setty was a partner of 'M/s Bellary Venkataswamy Setty' carrying on business at Davangere. On 10-10-1993, when the said Govinda Setty, along with his family members, was travelling in a car bearing No. KA, 17/M- 2911 from Bangalore to Davangere, the said care dashed against a parked lorry resulting in the death of the said Govinda Setty. Feeling aggrieved, the widow, children and mother of the said Govinda Setty filed MVC No. 19/1994 against the driver, owner and insurer of the Car, claiming a compensation of Rs. 35,00,000/ alleging that the accident occurred due to the rash and negligent diving by the driver of the car.3. The petition was resisted by the respondents contending that there was no negligence on th...
Tag this Judgment!H. Surendra Shetty Vs. Vijaya Bank, M.G. Road, Bangalore and Another
Court: Karnataka
Decided on: Jul-05-2000
Reported in: ILR2000KAR2413; 2000(5)KarLJ419
ORDER1. The petitioner has filed this writ petition praying for issuing of a writ in the nature of mandamus directing the respondents to forthwith open the sealed cover and issue consequential order of promotion to the petitioner in Senior Management Scale IV in the service of first respondent-Bank.In the course of arguments in order to highlight certain aspects of his case Sri Ramadass, learned Counsel for the respondent, submitted to the Court a bunch of papers relating to the case on hand, a copy of which has not been furnished to the petitioner as they are confidential documents. Some of the facts narrated hereunder are obtained from those documents and, therefore, they do not bear reference to the petition averments or the Annexures produced along with the writ petition. The learned Counsel for the petitioner also had not objected to the Court looking into those documents and relying on their contents, if need be.2. The facts leading to this writ petition, briefly stated, are as u...
Tag this Judgment!Kalaiah Alias Kalinga Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-04-2000
Reported in: 2001CriLJ785; ILR2000KAR4439; 2001(1)KarLJ500
ORDER1. Heard the learned Amicus Curiae Sri Rajsubramanyabhat for the appellant and the learned State Public Prosecutor for the respondent-State and carefully perused the case records in detail with their assistance. 2. The sole accused is the appellant. The deceased is one Mani alias Mahadevi, aged about 28 years. She was married to the accused about nine years prior to her death. During the relevant time of this incident, the appellant was staying in a hut in K.M. Doddi. The appellant has been convicted by the Trial Court for the offence under Section 302 of the IPC, for having committed the murder of his wife, the deceased Mani on the night of 11-6-1994 at about 2 a.m. in his hut in KM. Doddi. P.W. 1 is the brother of the deceased. P.W. 2 is the mother of the deceased and P.W. 1. P.W. 3 is the daughter of the deceased and the accused. P.W. 4 is the grand-daughter of P.W. 2 and the accused is her uncle. At the relevant time of this incident, she had come to live with P.W. 2. P.Ws. 6 ...
Tag this Judgment!L. Sridhar Vs. Union of India and Another
Court: Karnataka
Decided on: Jul-04-2000
Reported in: I(2001)ACC293; 2001ACJ691; AIR2000Kant344; ILR2000KAR3372; 2000(6)KarLJ208
ORDER1. Petitioner, practising Chartered Accountant, in this petition filed under Articles 226 and 227 of the Constitution of India, calls in question the constitutional validity or otherwise of Rules 3 and 4 of Railway Accident (Compensation) Rules, 1990 (hereinafter for the sake of brevity referred to as 'rules'). The impugned rules are extracted and they are as under:'3. Amount of compensation.--(1) The amount of compensation payable in respect of death or injuries, shall be as specified in the Schedule. (2) The amount of compensation payable for injury not specified in Part II or Part III of the Schedule but which, in the opinion of the Claims Tribunal is such as to deprive a person of all capacity to do any work, shall be rupees two lakhs. (3) The amount of compensation payable in respect of any injury (other than an injury specified in the Schedule or referred to in sub-rule (2) resulting in pain and suffering, shall be such as the 'Claims Tribunal may after taking into considera...
Tag this Judgment!Management of Bpl Limited, Bangalore Vs. Bindur and Others
Court: Karnataka
Decided on: Jul-03-2000
Reported in: [2000(87)FLR328]; ILR2000KAR3386; 2000(6)KarLJ279; (2000)IILLJ769Kant
ORDER1. A common question arises in these writ petitions and therefore, heard both sides at the stage of admission itself on main petition and disposed them by this order.2. The question that arises for consideration is as to whether the adjustment of one month's salary payable to the respondents after cessation of the earlier order of dismissal would amount to non-compliance of the provisions of Section 33(2)(b). To answer this question the facts which are necessary are as follows:The respondents herein are the workmen under the petitioner-company. Certain disputes regarding the charter of demands, termination of trainees and discharge of probationers were referred for adjudication to the Industrial Tribunal, Bangalore, by the State of Karnataka which came to be registered as Industrial Dispute No. 27 of 1999 which is still pending consideration. In the meantime, the petitioner herein issued show-cause notice to these respondents and enquiries were conducted wherein the respondents pa...
Tag this Judgment!Nabisaheb Dastagirsaheb Mulla Vs. Deelip Baban and anr.
Court: Karnataka
Decided on: Jul-03-2000
Reported in: 2001ACJ1141
Hari Nath Tilhari, J. 1. This appeal arises from the judgment and award dated 22.6.1993, delivered by the Motor Accidents Claims Tribunal No. IV, Belgaum in M.V.C. Case Nos. 387 and 467 of 1988.Here in the appeal, we are concerned with the award with reference to M.V.C. Case No. 467 of 1988, it may be mentioned that the Tribunal has awarded a total compensation of Rs. 1,06,500, payable by the respondent Nos. 2 and 3, before the Tribunal with interest at the rate of 6 per cent from the date of petition till the date of actual payment.2. The facts of the case in brief are that on 14.2.1988, at about 10.30 a.m., on Gokak-Belgaum Road, an accident occurred involving goods truck bearing registration No. MWE 1064 and thereby the claimants suffered bodily injuries.According to the case of the claimants, the claimant and his son, who was claimant in M.V.C. Case No. 387 of 1988, were travelling on the motor cycle belonging to the present claimant-appellant, namely, Hero Honda motor cycle bearin...
Tag this Judgment!Divisional Controller Nwkrtc Vs. Raghavendra Madhava Katti
Court: Karnataka
Decided on: Jul-03-2000
Reported in: ILR2001KAR4199; (2001)IIILLJ113Kant
G.C. Bharuka, J.1. The respondent who is employed as a driver in the appellant - North West Karnataka Road Transport Corporation ('the Corporation' for short) had remained absent for 162 days without making any leave application. Accordingly he was subjected to disciplinary proceedings and ultimately as a major punishment he was dismissed from service as provided under the Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Rules, 1970. Thereafter the respondent raised an industrial dispute before the Labour Court.2. The Labour Court, having come to the conclusion that the enquiry conducted by the Disciplinary Authority was not fair and proper, permitted the management and the respondent to lead evidence. The management examined the Depot Manager, Bagalkot, as its witness. He duly substantiated the charge against the respondent. In the cross-examination it was suggested that the reason for the absence of respondent was due to the disease he was suffering from w...
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