Karnataka Court July 2001 Judgments
Rudrappa Vs. State of Karnataka and Another
Court: Karnataka
Decided on: Jul-06-2001
Reported in: ILR2001KAR4731
ORDERThe Court1. In this petition, the petitioner who claims to be a person who had undergone imprisonment in connection with Freedom Movement and had been granted freedom fighters' pension pursuant to an application made by him, has challenged the order of the State Government cancelling the pension.2. It appears the petitioner had been granted freedom fighters' pension by the State Government as per the order dated 7-8-1992 under which pension was granted with effect from 22-11-1980 onwards. The petitioner had continued to receive pension after the said order and it appears that the petitioner had been issued with a notice dated 24-7-1996 calling upon him to furnish particulars supporting the factum of his imprisonment in connection with the Freedom Movement, According to the petitioner, petitioner had responded to this notice and had also produced several documents like Jail Certificate and affidavits supportive of this claim that he had undergone imprisonment. It was also mentioned...
Tag this Judgment!Disha Finance and Investments (Registered), Udupi Vs. Ganesh Shenoy
Court: Karnataka
Decided on: Jul-06-2001
Reported in: ILR2001KAR4527; 2001(6)KarLJ481
ORDERThe Court 1. The learned Civil Judge (Junior Division) and Judicial Magistrate First Class, Udupi, in Criminal Case No. 757 of 1998, by his judgment and order dated 14-10-1999, convicted the respondent-accused of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short), in respect of dishonouring of a cheque for Rs. 1,05,7507-, which had been issued in favour of the present petitioner-complainant, and sentenced the respondent-accused to S.I. for six months and to pay a fine of Rs. 1,10,000/- in default, to S.I, for six months. In appeal, by the respondent-accused at Cri. A. No. 148 of 1999, the learned II Additional Sessions Judge, Dakshina Kannada, Mangalore, by his judgment and order dated 8-2-2001, affirmed the conviction, but, modified the sentence to one of fine of Rs. 3,000/-, in default, to S.I. for four months, and to pay a compensation of Rs. 1,00,000/- to the petitioner-complainant. Aggrieved by this, the petitioner has approached...
Tag this Judgment!Commissioner of Income-tax Vs. D.C. Basappa and ors.
Court: Karnataka
Decided on: Jul-06-2001
Reported in: (2001)169CTR(Kar)499; ILR2001KAR4028; [2001]251ITR673(KAR); [2001]251ITR673(Karn); [2001]119TAXMAN682(Kar)
D.V. Shylendra Kumar, J.1. This reference is at the instance of the Revenue under Section 256(1) of the Income-tax Act, 1961, seeking for an answer to the following two questions :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that D. C. Basappa was assessable in the status of individual in respect of the income from properties retained to his share vide partition deed dated March 15, 1975 ?(ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that D. C. Basappa was not assessable in the status of a Hindu undivided family even after the partition dated March 15, 1975 ?'2. The statement of case drawn up in the context of reference to this court by the Income-tax Appellate Tribunal indicates that for the assessment year 1979-80, the assessee had filed a return of income claiming the status of an individual based on a partition dated March 15, 1975, which had taken place amongst the husband, w...
Tag this Judgment!Union of India and ors. Vs. B. Sen
Court: Karnataka
Decided on: Jul-05-2001
Reported in: [2002(92)FLR718]; ILR2001KAR5573; 2001(6)KarLJ321
ORDERAshok Bhan, J.1. Petitioner served respondent 1 (applicant before the Tribunal), who was working as Superintending Engineer an order dated 2nd of September, 1996 framing the following articles of charges:'MES 181010 Shri B. Sen, while serving as CWE(P) NW Cochin during the period from May 1991 to March 1992 committed following lapses in execution of C.A. No. CECZ/CHN/34 of 1989-90 which resulted in collapse of AED Hanger on 2/-3-1992: (a) Did not appreciate the safety hazards involved in construction of the steel structure of 48 M span and also did not warn GE and AGE about safety of men and material as a whole, thus providing ineffective technical administration.(b) Did not ensure that GE/AGE checks the alignment of the trusses and measures its deformity at all stages and records it.(c) Did not ensure that GE checks fabrication and erection method for sound engineering practices.2. By his above acts, the said Shri B. Sen, SE failed to maintain devotion to duty and thus violated R...
Tag this Judgment!Bukka Suvarna Vs. Akkani Poojarthi and ors.
Court: Karnataka
Decided on: Jul-05-2001
Reported in: ILR2002KAR851; 2002(1)KarLJ126
ORDERThe Court 1. The petitioner has challenged in this revision petition the order dated 6th December, 2000 on I.A. No. 10 filed under Sections 9, 10, 94(e) and 151 of the CPC read with Sections 77-A, 132 and 133 of the Karnataka Land Reforms Act, 1961 seeking to stay the further proceedings in original suit in O.S. No. 450 of 1997 pending on the file of the learned II Additional Civil Judge (Junior Division) and Judicial Magistrate First Class, Udupi. The said application has been allowed and aggrieved by the same, the plaintiff has preferred this revision petition before this Court.2. The plaintiff has filed the original suit in O.S. No. 450 of 1997 against the respondents herein for possession of the suit schedule property. The suit schedule property is a building consisting of shop situated in S. No. 152/9 of Udyavara Village, Udupi Taluk. The defendants have filed the written statement and denied the claim of the plaintiff. The relevant portion of the written statement, which is ...
Tag this Judgment!Kunhambu K. and anr. Vs. the Presiding Officer, Debt Recovery Tribunal ...
Court: Karnataka
Decided on: Jul-05-2001
Reported in: (2003)185CTR(Kar)289; 2002(6)KarLJ350
ORDERV. Gopala Gowda, J. 1. Petitioners in this case have sought for a declaratory relief to declare that the auction proceedings held on 30-3-1999 by the second respondent in respect of the immovable property bearing T.S. No. 666/100, R.S. No. 95/100 of Ward No. 6 known as 'Laxmi Nilaya' situated opposite Gandhinagar Park, Gandhinagar, Mannagudda, Mangalore measuring about 30 cents relating to patta No. 192 pursuant to the order dated 8-5-1998 passed by the first respondent in O.A. No. 977 of 1997 as illegal and further sought for a direction to declare that the order dated 8-5-1998 made in the above said original application by the Debt Recovery Tribunal as illegal vide Annexure-A and B. Further, reliefs sought for at prayer columns (b), (c) and (d) are not all required to be considered in this writ petition, as the same cannot be granted having regard to the facts and circumstances of this case.2. Certain relevant facts, which are necessary for the purpose of considering and answeri...
Tag this Judgment!Commissioner of Cus., Bangalore Vs. Central Manufacturing Technology I ...
Court: Karnataka
Decided on: Jul-05-2001
Reported in: 2002(142)ELT336(Kar)
ORDER1. We agree with the view taken by the Customs, Excise and Gold (Control) Appellate Tribunal (for short CEGAT) that the Notification Annexure-D was clarificatory in nature. It amended the earlier Notifications and substituted the words 'Spare Parts' with the words 'Computer Software'. Clarificatory Notifications are retrospective in nature and the CEGAT has rightly granted the benefit of the Notification Annexure-D to the respondent Assessee. 2. Referable question of law does not arise from the order of the CEGAT. Dismissed. ...
Tag this Judgment!Mysore Minerals Ltd. Vs. Karnataka Appellate Tribunal and ors.
Court: Karnataka
Decided on: Jul-05-2001
Reported in: [2001]124STC413(Kar)
ORDERAshok Bhan, J.1. Assesses-petitioner (for short, 'the assessee') has filed this petition under Section 23(1) of the Karnataka Sales Tax Act, 1957 (for short, 'the Act') read with Section 8A of the Karnataka Appellate Tribunal Act, 1976 on the following question :'Whether the amounts charged for and collected by the assessee from customer towards royalty and loading charges form part of sale price liable to tax ?'2. Facts relevant to determine the controversy between the parties are :Assessee is engaged in the mining and sale of ore and other minerals. Assessment for the period April 1, 1996 to March 31, 1997, was concluded by the assessing officer on March 12, 1999. Assessing authority included in the turnover the sum of Rs. 1,13,956 collected as royalty and remitted to the Government and the loading charges of Rs. 19,190 for the purpose of levying tax under the Act. Aggrieved against the inclusion of the aforesaid amounts in the total turnover, the assessee filed the appeal befor...
Tag this Judgment!N. Raje Urs Vs. Common Cadre Committee for Secretaries of Primary Agri ...
Court: Karnataka
Decided on: Jul-04-2001
Reported in: ILR2001KAR4073; 2001(4)KarLJ516
ORDER1. The admitted facts are that the Registrar of Co-operative Societies by virtue of provisions contained under Section 128-A of the Karnataka Co-operative Societies Act has passed an order dated 31-3-1986 creating the common cadre consisting of the Primary Agricultural Credit Co-operative Societies in Mandya District and authorising the Mandya District Central Co-operative Bank Limited, Federal Society, to exercise the powers of appointment, transfer and disciplinary action in respect of the Secretaries and framing regulations for the said purpose and to make contributions to meet the salary expenditures of the Secretaries, etc. In pursuance of the said order, the 1st respondent has come into being and is the controlling Authority of the Secretaries of the PACC in Mandya District. The respondent/co-operative Societies are affiliated to MDCC Bank, Mandya, which is the Federal Society. The Society has borrowed various types of loans from the MDCC Bank Limited. Even the Society has a...
Tag this Judgment!Karnataka State Co-operative Federation, Bangalore Vs. State of Karnat ...
Court: Karnataka
Decided on: Jul-04-2001
Reported in: ILR2001KAR4390
1. This batch of writ appeals has been filed by respondent 3 in Arya Vysya Srirama Co-operative Society Limited, Shimoga and Another v State of Karnataka and Others. The appellant is State Co-operativeFederation having on its membership rolls consisting of the Primary Co-operative Societies and Banks and other co-operative institutions. In the bye-laws of the appellant-Federation under the caption 'Objects', it is stated that the Federation is the accredited representative of the co-operative movement in Karnataka State. To propagate the co-operative principles and practices, to impart education and training to the employees, members and office-bearers of the co-operative societies, to act as coordinating agency on all matters pertaining to co-operative education, to promote different types of co-operative activities in accordance with the plan for co-operative development and to strengthen the existing societies in the State by providing assistance and guidance technically or otherwis...
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