Karnataka Court March 2001 Judgments

M.S. Narendra and Another Vs. State of Karnataka and Another

Court: Karnataka

Reported in: ILR2001KAR4239

ORDERThe Court1. First petitioner is the son and second petitioner is the mother. First petitioner wants to gift his property (a residential site with a small building) valued at Rs. 6 lakhs to his mother (second petitioner). He got a gift deed drafted and also obtained a certificate of clearance under Section 230A of the Income-tax Act, 1961, for making the gift. The petitioners approached the second respondent on 3-7-2000 with the intention of getting the gift deed registered and offered to pay stamp dutyby demand draft and sought confirmation that the stamp duty payable will be under Article 28(b) of the Schedule to the Karnataka Stamp Act, 1957 ('Act' for short) which provides that where the donee is a member of the family of the donor, the stamp duty will be 2% of the market value where the market value is Rs. 50,000/- and above but less than Rs. 10 lakhs. According to the petitioners, the Sub-Registrar informed them that the stamp duty will have to be paid under Article 28(a) and...

Chittappa and ors. Vs. the State

Court: Karnataka

Reported in: 2001CriLJ3555

ORDERK. Sreedhar Rao J.1. This petition is filed under Section 482, Cr.P.C. seeking quashing of the F.I.R. registered in Cr.No. 172/2000 on the file of Jagalur Police Station. The petitioners contended that one Rathnamma and Bhagymma along with others assaulted the first petitioner on the ground that he had informed to the press people about the incident of rape alleged to have been committed by one Manjunatha. The said incident took place on 17-10-2000 at 9.00 a.m. in Magadi village. The police registered the case in Crime No. 163/2000 for the offences punishable under Sections 143, 147, 148, 504, 114, 323, 324, 353, 355 and 506 r/w Section 149, IPC. The investigation is said to be pending. On the same day at 2.30 p.m. on the complaint of Rathnamma, a case is registered in Crime No. 172/2000 on the file of Jagalar police station against the petitioners alleging that they have indulged in acts of assault against Rathnamma and Bhagyamma and committed offences punishable under Sections 3...

Shimoga Steels Ltd. Vs. Commissioner of C. Ex., Bangalore

Court: Karnataka

Reported in: 2002(142)ELT304(Kar)

ORDER1. Heard the learned Counsel. 2. The question referred for decision in this case is as follows :- 'Whether in the facts and circumstances of the case Modvat credit is available in respect of ramming mass used in the lining of the furnace which is used in the manufacture of the notified finished product under Rule 57-A of the Central Excise Rules, 1944.'3. The point in question is covered by the earlier Division Bench decision reported in 2000 (120) E.L.T. 75 (Kar.) = 2000 (3) KLJ, 356, wherein the Division Bench held that since this particular substance would ultimately have to be categorized as an input, that the denial of Modvat credit on duties paid on these items was not right in law. 4. In view of this position, the reference in question is answered in favour of the petitioner and against the respondent department. 5. The TRC in question accordingly stands disposed of. No order asto costs. ...

S.A. Padmanabha Rao and ors. Vs. Union theatres Private Limited, Chitr ...

Court: Karnataka

Reported in: ILR2001KAR4285; 2002(3)KarLJ601

H. Rangavittalachar, J.1. This is a plaintiffs second appeal. Plaintiff herein filed a suit for mandatory injunction directing the defendant-company M/s. Union Theatres Private Limited to transfer the share held by late A. Bheemappa Naika into their names and effect necessary changes in the registers of the company.2. The facts leading to the filing of the suit are, Vijaya Bank had filed a suit against M/s. Asiatic Films Corporation in O.S. No. 43 of 1961 for recovery of certain money. The said suit came to be decreed. Execution proceedings were initiated by the Bank against one Bheemappa Naika, the shareholder of Asiatic Film's Corporation by bringing into sale his share of the value of Rs. 5,000/-. In the Court's sale, appellants/plaintiffs were the auction purchasers i.e., jointly purchased the shares for Rs. 6,000/-. A 'sale certificate' was issued completing the transfer. Later they applied to the defendant's company for transferring the share of Bheemappa Naika to their name and ...

Nagesh Traders Vs. Joint Commissioner of Commercial Taxes, Appeals, Ba ...

Court: Karnataka

Reported in: [2001]124STC402(Kar)

ORDERM.F. Saldanha, J.1. The common point and one of some interest both legally and academically that falls for determination in these two petitions hinges around the question as to whether wheat bran and wheat flakes are to be categorisable under a common head for purposes of sales tax. Admittedly, the petitioners are dealing in these two commodities and the decisions of the lower authorities have gone against them to the extent that a distinction has been drawn between wheat bran and wheat flakes to the extent of holding that they require to be classified separately and the short question that this Court is required to decide is as to whether the distinction that has been sought to be made is justifiable or not. We refrain from dealing with the minor issues such as the assessment years, the quantum, etc., because this Court is really called upon to decide the point of law involved and the application given to the decision will automatically follow.2. The petitioners' learned counsel ...

S.A. Padmanabha Rao Vs. Union theatres (P.) Ltd.

Court: Karnataka

Rangavittalachar, J.1. This is a plaintiff's second appeal. The plaintiff herein filed a suit for mandatory injunction directing the defendant-company. Union Theatres (P.) Ltd. to transfer the share held by the late A. Bheemappa Naik into their names and effect necessary changes in the registers of the company.2. The facts leading to the filing of the suit are, Vijaya Bank had filed a suit against Asiatic Films Corpn. in O.S. No. 43 of 1961 for recovery of certain money. The said suit came to be decreed. Execution proceedings were initiated by the bank against one Bheemappa Naik, the shareholder of Asiatic Film's Corpn. by bringing to sale his share of the value of Rs. 5,000. In the court's sale, the appellant/plaintiffs were the auction purchasers, i.e., jointly purchased the shares for Rs. 6,000. A 'sale certificate' was issued completing the transfer. Later they applied to the defendant-company for transferring the share of Bheemappa Naik to their name and accordingly register in th...

Greenhills Exports (Private) Limited, Mangalore and Others Vs. Coffee ...

Court: Karnataka

Reported in: 2001(44)ARBLR307(Kar); [2001]44CLA149(Kar); [2001]106CompCas391(Kar); ILR2001KAR2950; 2001(4)KarLJ158

R.V. Raveendran, J.1. The respondent herein filed Company Petition No. 96 of 1992 under Section 433(e) and (f) of the Companies Act, 1956 ('Act' for short), seeking an order to wind up the first appellant-Company. The learned Company Judge, after notice to appellants and hearing both parties, passed an order dated 13-2-1997 admitting the company petition. Feeling aggrieved the respondents in the company petition have filed this appeal under Section 483 of the Act. For convenience, first appellant will be referred to as 'the Company' and the respondent will be referred to as 'the Board'. 2. The Company was registered as a Coffee Exporter with the Board, in March 1987. The Board used to hold export auctions of coffee periodically, subject to the 'Terms and Conditions for sale of coffee in the course of export'. According to the Board, the Company participated in the auctions held by the Board between 21-6-1989 and 20-12-1989 and purchased 654.6 metric tonnes of coffee, but failed to make...

Krishtappa Vs. Ananta Kalappa Jaratakhane and Another

Court: Karnataka

Reported in: AIR2001Kant322; ILR2001KAR5239

1. This appeal is filed by the appellant against the judgment in R.A. No. 47 of 1979, on the file of the Court of the First Additional District Judge. Dharwad, dated 25-3-1996 dismissing the appeal and confirming the judgment of the Court of Principal Civil Judge, Hubli, in O.S. No. 7 of 1971, dated 30-10-1979 dismissing the suit of the plaintiff.2. The appellant/plaintiff filed the suit in the Trial Court for recovery of possession of plaint schedule house bearing C.T.S. No. 4344 situated at Toravigalli, Hubli, bounded on east by road, west by the house of Chalageri, north by the house of Basavaraj and south by backyard (Hit-talu) of Mugali Bellad and Sirasangi and for recovery of past mesne profits of Rs. 1,800/- and for further mesne profits from the date of filing the suit till the date of delivery of possession of the said house from the defendants at the rate of Rs. 75 per month alleging that the suit housewas the ancestral property of his adoptive father Mahadevappa Gadag, who d...

Bharat Gold Mines Officers' Association, Kolar Gold Fields and Ors. Vs ...

Court: Karnataka

Reported in: AIR2001Kant257; 2002(1)KarLJ130

ORDERThe Court 1. These batch of writ petitions are directed against the orders of the Board for Industrial and Financial Reconstruction ('BIFR' for short) and the Appellate Authority for Industrial and Financial Reconstruction ('AAIFR' for short) and also the order of Government of India passed under Section 25-O of the Industrial Disputes Act in Ref. No. L-43024/ 2000-IR (MISC), dated 29-1-2001.2. The writ petitioners in W.P. Nos. 154 to 166 of 2001 have assailed the Circular issued by the 4th respondent-the Deputy General Manager (Personnel) of Bharat Gold Mines Limited as in Annexure-F, the Circular dated 8-12-2000 giving options to the employees of Bharat Gold Mines Limited, a Heavy Industry Package or the Gujarat Package with the rider that no change in choice once exercised will be permitted and the employees were directed to avail the benefit offered by the Government of India on or before 10-1-2001 under the said scheme.3. In W.P. Nos. 157 to 159 of 2001, the very writ petitio...

Tam Tam Pedda Guruva Reddy B.T. Patil and Sons Vs. State of Karnataka ...

Court: Karnataka

ORDER1. This is a second round of litigation with respect to a project undertaken by the State to construct an ambitious dam across Tunga River, near Gajanur Village with a critical objective of Krishna Basin Project and to complete it before 2000 A.D. The project was taken up to provide irrigation facilities and according to the estimates the dam should have a storage capacity of 50.17 cusecs and at that area that is proposed to bebrought under irrigation will cover to an extent of 94,698 hectares of land spread over Shimoga, Honnali, Ranebennur, Haveri and Hanagal Taluks. The second respondent initially published pre- qualification tender notice bearing No. 98-99/4, dated 27-6-1998 inviting applications from registered Class-I Contractors who have necessary facilities, experience, ability and financial resources to execute the work of construction of dam and allied works across Tunga River. The project is estimated at the cost of Rs. 7,780 lakhs. The day fixed for issue of pre-qualif...