Karnataka Court September 2001 Judgments
Kap Chem Limited, Bangalore Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Sep-06-2001
Reported in: ILR2001KAR5629; 2002(1)KarLJ76
1. The petitioner, in this petition, is an Industrial Unit engaged, inter alia, in the manufacture of acetic acid out of rectified spirit from molasses.2. In this petition, the petitioner has prayed for quashing order dated 17th of November, 2000, a copy of which has been produced as Annexure-C to the writ petition, passed by the second respondent-Commissioner for Excise, wherein the claim made by the petitioner for refund of licence fee came to be rejected; and also for a further direction to the respondents to refund a sum of Rs. 21,27,000/- to the petitioner with interest at 18 per cent from the date of the collection of the said amount from the petitioner till the date of the refund of the amount.3. Few facts, which may be relevant for the disposal of this petition and which are not in serious dispute, may be stated as hereunder:(a) The petitioner had initially obtained Distillery Licence in terms of the provisions contained in Karnataka Excise (Distillery and Warehouse) Rules, 196...
Tag this Judgment!St. Philomena College, Puttur Vs. Shanavas and ors.
Court: Karnataka
Decided on: Sep-05-2001
Reported in: 2001(6)KarLJ493
G.C. Bharuka, J.1. The appellant-Institution is affiliated with Mangalore University. It also imparts education and training in BBM course consisting of 6 Semesters. This course of study is regulated by the Regulations framed by the University which are known as 'Regulations of the Bachelor of Business Management Programme (BBM) (Semester Scheme)' (hereinafter referred to as 'Regulations').2. Regulation (vi) of the Regulations provides for attendance requirement which reads as follows:'Attendance and change of subjects.--(a) A candidate shall be considered to have satisfied the requirement of attendance for a semester if he attends not less than 75 per cent of the number of classes actually held upto the end of the semester in each of the subjects. However, the shortage of attendance of students whose attendance is 60 per cent and above but below 75 per cent may be condoned by the Syndicate on the specific recommendation of the Principal on payment of condonation fee as prescribed by t...
Tag this Judgment!Ramesh P. Seth Vs. M.S. Krishna Murthy and anr.
Court: Karnataka
Decided on: Sep-05-2001
Reported in: ILR2002KAR565; 2001(6)KarLJ575
ORDERThe Court 1. The plaintiff is the owner of the shop premises which is in the occupation of the defendant as a tenant. The rent of the premises is Rs. 870.00 per month. As the provisions of the K.R.C. Act are not attracted to the shop in question in view of Section 31 of the said Act the plaintiff got issued a legal notice dated 30-10-1998 terminating the tenancy of the defendant in respect of the leased shop premises and the defendant was called upon to vacate and deliver the vacant possession of the shop premises on the expiry of 30-11-1998. The said legal notice was duly served on the defendant. The defendant admitted the tenancy, the rate of rent. However, he set up a plea of fresh lease for a further period of 15 years and therefore contended that he is not liable to vacate the shop premises. Therefore, the plaintiff was constrained to file the suit O.S. No. 9619 of 1998 on the file of the 14th Additional City Civil Judge Court, Bangalore, for his ejectment and also for an enq...
Tag this Judgment!Karnataka Soaps and Detergents Limited Vs. Hanumanthamma Alias Hanumak ...
Court: Karnataka
Decided on: Sep-05-2001
Reported in: 2003ACJ825; [2001(91)FLR879]; ILR2001KAR4712; 2002(1)KarLJ215
The Court 1. This appeal is filed against the order dated 29-2-2000 passed in WCA WC No. 30 of 1995 by the Commissioner for Workmen's Compensation and Labour Officer, Shimoga District, in allowing the claim petition for compensation. 2. The brief facts of the case are that one Sannarangappa was employed as a worker in the appellant-company. On 24-7-1992, the said Sannarangappa died due to electric shock. On that day he had not attended the company's work as per attendance register maintained by the company. The wife and children filed a claim petition before theCommissioner for Workmen's Compensation claiming the compensation of Rs. 1,53,000/-. The Commissioner has awarded the compensation of Rs. 78,824/- with interest at the rate of 6% from the date of accident till the date of realisation. 3. Mr. Muralidher, learned Counsel for the appellant has virtually taken out his heart and held it in his hand to convince me that the death had not taken in the course of the employment. His trump...
Tag this Judgment!Elsie Concesso Kamath Vs. Rosa D'Souza
Court: Karnataka
Decided on: Sep-05-2001
Reported in: 2002(1)KarLJ592
ORDERThe Court 1. The revision filed against the order of the Principal District Judge, Mangalore in R.R.P. No. 121 of 1992. The petitioner is the landlady. The respondent is the tenant. The landlady filed a petition for eviction in H.R.C. No. 99 of 1990 on the file of I Additional Munsiff, Mangalore under Section 21(1)(a). The undisputed facts reveal that the petition premises is tenanted on a monthly rent of Rs. 450/- and that at the relevant point of time there were arrears of three months rents payable by the tenant. There are other two premises adjoining the present premises having common electricity meter. It is said that somewhere in the month of October or November 1989 adjoining tenant vacated the premises and he did not pay the electricity bills. The tenant/respondent and other tenant in the other adjoined premises paid the electricity bill issued for the month. The tenant/respondent contributes a sum of Rs. 116/- towards the payment of electricity bill. It appears that there...
Tag this Judgment!The Academy of General Education, Manipal and anr. Vs. State of Karnat ...
Court: Karnataka
Decided on: Sep-04-2001
Reported in: ILR2002KAR2194; 2002(3)KarLJ270
ORDERH. Rangavittalachar, J. 1. With the consent of the learned Counsel for the petitioner and the learned Government Advocate, this writ petition is taken up for final hearing and disposed off.2. Petitioner is an educational institution registered as a society under the Societies Registration Act and established for the main purpose of providing education in various disciplines. For establishing such institutions, petitioner applied for the grant of land to the State of Karnataka. Appreciating its need, the State by its Grant Order No. RD 83 LGU 57, dated 15-2-1958 granted in all 114 acres 71 cents at Manipal. The grant stipulated that the entire extent of land must be utilised for education purposes in the manner stated in the grant, conditions are to be found at Annexure-B.3. According to the petitioner, in pursuance to the grant, petitioners utilised the entire land only for the educational purposes by putting up constructions for colleges, schools, hostels, sports activities etc. ...
Tag this Judgment!Baburao Sataba Manabutakar, Deceased by His L.Rs. Vs. Doreswamy and or ...
Court: Karnataka
Decided on: Sep-04-2001
Reported in: III(2002)ACC83
Kumar Rajaratnam, J.1. The legal representatives of the deceased Baburao have preferred this appeal against the order of the Tribunal in negativing their claim for compensation.2. The deceased Baburao met with an accident due to the rash and negligent driving of a tanker bearing No. HYW 1333 and sustained certain injuries on 7.2.1991.3. The said deceased Baburao filed an application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) before the Additional M.A.C.T. at Hubli in M.V.C. No. 497/1995. Unfortunately he died on 7.7.1991 five months after the accident during the pendency of the claim petition.4. The present appellants, who are the legal heirs of the deceased Baburao filed I.A. II before the Tribunal to bring them on record. The Tribunal permitted them to come on record to prosecute the claim petition filed by the deceased Baburao to the extent that it related to the loss to the estate of the deceased.5. The claim petition was resisted on the ...
Tag this Judgment!Neelavva B. Soppinamath and ors. Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Sep-03-2001
Reported in: 2002(3)KarLJ99
ORDERP. Vishwanatha Shetty, J. 1. The petitioners, in this petition, have sought for a direction to the respondents to award them interest on the amount of compensation awarded, from the date of taking possession of their land. 2. The few facts, which are not in dispute may be stated as hereunder: (a) Pursuant to the application made by the petitioners under Sub-section (1) of Section 28-A of the Land Acquisition Act (hereinafter referred to as 'the Act'), the second respondent, by means of his order dated 8th of June, 2001, a copy of which has been pro-duced as Annexure-A, determined the compensation as provided under Sub-section (2) of Section 28-A of the Act. It is the grievance of the petitioners that while determining the compensation under Sub-section (2) of Section 28-A of the Act, the second respondent has not paid interest on the compensation awarded, from the date of taking possession of the land belonging to the petitioners. 3. Sri S.A. Kalagi, learned Counsel appearing for ...
Tag this Judgment!S. Munivenkatappa and Others Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Sep-03-2001
Reported in: 2001(5)KarLJ555
ORDERThe Court1. The petitioners are the brothers, sisters and children of one late Smt. Narayanamma and her husband late Subbaiah. They claim that late Subbaiah purchased 3 acres 20 guntas of land in Sy. No. 248 of Banguvadi Village in Srinivasapur Taluk in the name of his wife Smt. Narayanamma under a registered sale deed dated 19-8-1996. It is claimed that they are in unauthorised occupation of the adjacent land in Sy. No. 249 to an extent of 15 guntas and they have filed application seeking regularisation of the same. But, out of Sy. No. 249, which is a Government land, an extent of 2 acres had been transferred to the Education Department for purpose of playground of Government Higher Primary School by way of grant under the provisions of the Karnataka Land Revenue Act and Land Grant Rules of 1969 by the 2nd respondent-Deputy Commissioner under Annexure-A, dated 20-9-1996. Challenging the said order, the petitioner filed appeal before the Karnataka Appellate Tribunal. By the impugn...
Tag this Judgment!M.V. Govindaraj Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Sep-03-2001
Reported in: 2001(6)KarLJ290
1. We have heard the appellant's learned Advocate as also the learned Government Advocate on behalf of respondents 1 to 4 on merits.2. This case has a very long history of 5 acres of land having been granted to the appellant's father in or about the year 1961 and one of the specific conditions of the grant was that the land must be brought under coffee cultivation within a period of 5 years and the Coffee Registration Certificate to be produced. The admitted position that emerges in that no CRC was produced either at that time or at any time thereafter. The appellant's explanation is that though he had applied for the CRC that it was not issued on the ground that the khatha had not been transferred in his name and for this he blames the revenue authorities who had defaulted in carrying out the different requisite changes. The grant was ultimately cancelled and the appellant has unsuccessfully challenged that order both before the KAT and before the learned Single Judge.3. Various submi...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- Next ›