Karnataka Court November 2001 Judgments
Fakirappa Vs. Shiddalingappa and anr.
Court: Karnataka
Decided on: Nov-07-2001
Reported in: 2002CriLJ1926; ILR2002KAR181; 2002(1)KarLJ119
ORDERThe Court 1. The petitioner in these two cases is facing prosecution for an offence under Section 138 of the Negotiable Instruments Act, 1881 ('N.I. Act' for short), on the complaint under Section 200 of the Cr. P.C. filed by the respondents-complainants. The petitioner is aggrieved by the order of the learned Magistrate directing issuing of process against him.2. On the complaint being presented, the learned Magistrate took cognizance, recorded the sworn statements of the complainants, found sufficient ground to proceed, and accordingly directed issuing of summons for the offence under Section 138 of the N.I. Act. Sri Basavaraj Sabarad, learned Counsel for the petitioner-accused would urge two grounds in support of his plea seeking quashing of the proceeding.3. The first ground is that, the petitioner-accused had no notice of the fact of dishonouring of the cheque allegedly issued by him, and that, there was no notice as contemplated under Clause (b) of the proviso to Section 138...
Tag this Judgment!Karnataka Couriers' Cargo and General Employees Union Vs. State of Kar ...
Court: Karnataka
Decided on: Nov-07-2001
Reported in: ILR2002KAR1016; (2002)IVLLJ171Kant
ORDERV. Gopala Gowda, J. 1. The petitioner-Union has questioned the correctness of the impugned order dated March 7/9, 2001 passed by the 2nd respondent as per Annexure-K and has sought for issuance of a writ of certiorari quashing the same and has further sought for permission to initiate prosecution proceedings against the 4th respondent-Management under Section 31 of the Industrial Disputes Act, 1947 (for short 'ID Act') by granting an authority as required under Section 34 of the ID Act to prosecute fourth respondent employer urging various grounds. 2. The relevant facts which are necessary for the purpose of appreciating the rival contentions of the parties are stated as hereunder:There was an industrial dispute raised by the petitioner/union before the Conciliation Officer with regard to the better serviced conditions of the workmen on the basis of fresh Charter of Demands dated March 13, 1998; since the matter could not be settled before the conciliation Officer, the Government ...
Tag this Judgment!State by Sub-inspector of Police, Malur Police Station Vs. K.V. Nanjun ...
Court: Karnataka
Decided on: Nov-06-2001
Reported in: ILR2002KAR79; 2002(2)KarLJ24
1. Both these appeals against acquittal arise as a result of the Trial Court acquitting the accused. Placing reliance on the pronouncement of law in Raj Deo Sharma v. State of Bihar, a common order is passed.2. The allegations against the accused-respondents related to charges under Section 409 read with Section 34 of the IPC in both the cases. In C.C. No. 535 of 1988 the occurrence was alleged to have taken place between 1-7-1976 to 30-6-1977 and the amount alleged to have been misappropriated was Rs. 13,020.05/-. In C.C. No. 536 of 1988 the occurrence was alleged to have taken place between 1-7-1974 to 30-6-1975 and the amount alleged to have been misappropriated was Rs. 4,705.09/-. The Trial Court in both these cases held that the evidence of the Auditor, main prosecution witness was examined-in-chief in part. The prosecution was not able to complete the Auditor's evidence in spite of granting sufficient time. The Trial Court further held that the charge against the accused persons ...
Tag this Judgment!Condominium of Residents and Employees of Academy of General Education ...
Court: Karnataka
Decided on: Nov-05-2001
Reported in: ILR2001KAR5677; 2001(6)KarLJ552
1. The teaching staff of the Mangalore University and the Kuvempu University who are at loggerheads with the management of the variouscolleges in which they work, over the amount which the respective managements are entitled to deduct as rent for the quarters in their occupation, have preferred the present petitions.2. The case lies in a narrow compass since the grievance of the petitioners is that their application to the first respondent-State to intercede in the matter and set right the anomaly by directing the respondents to scale down the amounts fixed by them as deductible from their salaries for the quarters in their occupation, has not been properly considered and orders passed thereon in accordance with the rules. It is their case that the State has simply passed the buck to the respective managements of the colleges without exercising its authority in the matter and it is most unlikely that the petitioner could get justice at the hands of the respective managements.3. I have ...
Tag this Judgment!Aswath Vs. Commissioner of Income-tax
Court: Karnataka
Decided on: Nov-05-2001
Reported in: [2002]257ITR554(KAR); [2002]257ITR554(Karn)
R.V. Raveendran, J. 1. The appellant was the petitioner in W. P. No. 9112 of 1998 which was dismissed by the learned single judge by order dated June 14, 1999. 2. The appellant filed a declaration under Section 64(1) of the Finance Act, 1997 ('the Act' for short), under the Voluntary Disclosure of Income Scheme, 1997 ('the VDI Scheme of 1997' for short). By the said declaration, the appellant disclosed the income of Rs. 32,000 for the assessment year 1996-97, Rs. 4,32,000 for the assessment year 1997-98 and offered to pay income-tax thereon in terms of the said scheme. The said declaration was filed on December 29, 1997. The asset in regard to which the income was declared was a vacant site for the assessment year 1996-97, fixed deposit made on November 3, 1996, in regard to assessment year 1997-98 and eight gold biscuits for the assessment year 1997-98. The respondent refused to accept the said declaration as per the communication dated December 30, 1997, on the ground that action und...
Tag this Judgment!Ganesha Shettigar and Vs. the Chief Secretary to Government of Karnata ...
Court: Karnataka
Decided on: Nov-03-2001
Reported in: 2001(6)KarLJ555
1. Matter is heard for final disposal, with the consent of the Counsels.2. The petitioners are represented by Sri M.B. Kanavi, learned Counsel and Smt. Rosa Paremal, Government Pleader, appearing for the State.3. The petitioners in all these petitions are eligible candidates for the post of teachers. They have filed their applications for the said post within the stipulated time of 21-6-2001. The State Government has decided to recruit the teachers in the Higher Secondary Schools in the State and notifications have been issued dated 17-5-2001, 26-5-2001, 19-5-2001 and 21-5-2001 in terms of Annexure-A. The petitioners state that there are two grades of teachers who are to be recruited by the State Government. One is Grade II, Arts and Science teachers and in Grade I, Physical Education teachers. The petitioners state that the selection to the post of teachers is to be based on the marks obtained by the candidates in their degree examinations along with the marks obtained in the oral int...
Tag this Judgment!Rudrachar Vs. Director of Income-tax (inv.) and ors.
Court: Karnataka
Decided on: Nov-03-2001
Reported in: (2002)178CTR(Kar)314; [2002]257ITR549(KAR); [2002]257ITR549(Karn)
R.V. Raveendran, J. 1. The appellant claims that he is a manufacturer of silver and gold articles carrying on business under the name and style of 'Anitha Metal Works' and an assessee under the Income-tax Act, 1961 ('theAct', for short). He has maintained a locker bearing No. 139 having taken it on hire from Shaswathi Leasing Private Limited at B.V.K. Iyengar Road, Bangalore. 2. In pursuance of warrant issued under Section 132 of the Income-tax Act, 1961, in regard to the premises of Shaswathi Leasing Private Limited, a search was conducted on March 31, 1997, at the premises of the said Shaswathi Leasing Private Limited. It is stated that as the appellant was maintaining a locker, on request, he voluntarily opened the locker at the time of search conducted in the premises of Shaswathi Leasing Private Limited and the contents of the said locker were inventoried and sealed on March 31, 1997. 3. Thereafter, a search warrant under Section 132 of the Act was issued authorising search and se...
Tag this Judgment!Shakti Prakash Metal Finishers Private Limited, Bangalore Vs. Hindusta ...
Court: Karnataka
Decided on: Nov-02-2001
Reported in: ILR2002KAR19; 2001(6)KarLJ467
1. This O.S.A. is filed against the order of the learned Company Judge dated 24-11-2000 passed in Co. P. No. 8 of 1998 whereby the learned Company Judge has declined to issue a direction for winding up of the company. However, the learned Company Judge left it open to the appellant to file a suit in regard to the disputed amount in accordance with law.2. In the instant case the appellant claimed payment of bills for the work executed along with interest and notice was issued for payment of interest and also additional penal interest. No reply was sent. However, it is stated that on earlier reply to notice confirming the actual due and denying the liability to pay any interest, the company did not pay the amount and therefore filed this petition for winding up.3. The learned Counsel for the respondent-company has stated that the company has deposited more than the bills claimed and also made sufficient payments during the pendency of proceedings. The learned Single Judge on consideratio...
Tag this Judgment!Nagaveni Bhat and ors. Vs. Canara Leasing Limited and ors.
Court: Karnataka
Decided on: Nov-02-2001
Reported in: ILR2001KAR5569; 2002(1)KarLJ177
N.K. Jain, C.J.1. This O.S.A. is filed against the order of the learned Company Judge, dated 25-8-2000 passed in Co. P. No. 5 of 1996 whereby the learned Single Judge declined to issue a direction for winding up of the company.2. According to the learned Counsel for appellants, the respective appellants deposited amounts in the company on various dates between 1989 and 1991 for specified periods. But the amounts so deposited were not repaid on respective maturity dates. The appellants issued notice and claimed interest at 14% per annum on the maturity value. It is alleged that as no reply was received, the company is deemed to have been unable to pay its debt and therefore the appellants filed this petition under Section 433 of the Companies Act for winding up. Pending company petition, the entire amount along with interest was paid. The learned Single Judge on consideration of the case-law has not interfered and observed that the petitioners will be free to sort out their grievance be...
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