Karnataka Court December 2002 Judgments
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The Bangalore Malayali Catholic Association and anr. Vs. K.J. Joseph a ...
Court: Karnataka
Decided on: Dec-05-2002
Reported in: 2003(2)KarLJ19
ORDERG.C. Bharuka, J.1. Two of the defendants in O.S. No. 4200 of 2002 have preferred this revision petition under Section 115 of the CPC against the order dated 11-10-2002 by which the Trial Court has rejected their prayer for rejection of the plaint under Order 7, Rule 11(d) of the CPC. The said prayer was sought by the petitioners by taking a plea that the suit as framed is not maintainable under Section 34 of the Specific Relief Act, 1968 (in short 'the Act').2. It is not in dispute that both the plaintiffs as well as defendants are the members of an Association known and called as 'Bangalore Malayali Catholic Association'. The Association is registered under the provisions of the Karnataka Societies Registration Act, 1960 (in short 'Societies Registration Act'). Its activities are governed by the Memorandum of Association, Rules and Regulations, 1998 (in short 'the rules and regulations'), which are registered under Section 8(2) of the Societies Registration Act. The society can s...
The Controller of State Accounts Department and anr. Vs. Smt. B. Nagar ...
Court: Karnataka
Decided on: Dec-05-2002
Reported in: 2003(2)KarLJ26
ORDERR.V. Raveendran, J.1. The first respondent is working in the State Accounts Department. Between 8-9-1998 to 16-7-2001 she was working as Accounts Superintendent in the office of the Karnataka State Women's Commission (second petitioner). On 16-7-2001, she was transferred on promotion and posted as Audit Officer in the office of the Department of Rural Development Engineering, second respondent. She approached the Karnataka Administrative Tribunal in Application No. 9687 of 2001 seeking a direction to the second petitioner herein to despatch her last pay certificate forthwith to the second respondent so as to enable her to draw her salary. In the said application she stated that in spite of expiry of four months from the date of transfer, the second petitioner did not issue the last pay certificate. When the matter came up for preliminary hearing before the Tribunal on 22-11-2001, the Tribunal directed the Government Pleader to take notice and disposed of the application directing ...
Commissioner of Income-tax Vs. Syndicate Bank
Court: Karnataka
Decided on: Dec-05-2002
Reported in: (2003)180CTR(Kar)1; [2003]261ITR528(KAR); [2003]261ITR528(Karn)
D.V. Shylendra Kumar, J.1. In this reference at the instance of the Revenue for the assessment year 1987-88, the Tribunal has referred the following three questions for the opinion of this court :'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding that the assessee is correct in following the cash system of accounting for interest receivable on sticky loans and the mercantile system of accounting for other receipts ? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding that the interest on 'sticky loans' should be assessed on cash basis and not on accrual basis ? (3) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in holding that penal interest paid to the Reserve Bank of India is not disallowable ?' 2. On a perusal of the statement of case as provided by the Tribunal it appeared that t...
Jayanthi S. Shetty Vs. P. Shivaji Shetty and anr.
Court: Karnataka
Decided on: Dec-05-2002
Reported in: 2003ACJ809; 2003(3)KarLJ333
D.V. Shylendra Kumar, J. 1. In this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short), preferred by the claimant in M.V.C. No. 696 of 1996 before the Court of Motor Accidents Claims Tribunal at Udupi, the correctness of the judgment and award dated 27-7-1998 passed in that M.V.C. awarding compensation in a sum of Rs. 50,000/- is challenged and enhancement of compensation to the extent of Rs. 8,20,000/- is sought for by the allowing of this appeal. 2. The brief facts, as claimed in the claim petition and leading to this appeal are as under.-- The son of the claimant-appellant by name Gautham Shetty, aged about 24 years, was driving a Maruthi car bearing registration No. KA-20-2000 owned by his father, the first respondent in the appeal as well as the MVC case, and accompanied by two of his doctor friends and was proceeding towards Udupi on the National Highway No. 17 on the midnight/early hours of 15-12-1995. At a spot called B...
Cit Vs. Syndicate Bank
Court: Karnataka
Decided on: Dec-05-2002
Reported in: [2003]127TAXMAN287(Kar)
ORDERShylendra Kumar, J.In this reference at the instance of the revenue for the assessment year 1987-88 the Tribunal has referred the following 3 questions for the opinion of this court :'1. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessee is correct in following cash system of accounting for interest receivable on sticky loans and mercantile system of accounting for other receipts ?2. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the interest on sticky loans should be assessed on cash basis and not on accrual basis ?3. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in holding that penal interest paid to Reserve Bank of India is not disallowable ?'2. On a perusal of the statement of case as provided by the Tribunal it appeared that the revenue had initially sought for referring as many as 6 questions for the opinion of this ...
B.M. Devaiah Vs. Canara Bank and ors.
Court: Karnataka
Decided on: Dec-04-2002
Reported in: III(2004)BC411; 2003(3)KarLJ59
1. This is a defendant's appeal arising out of a suit for recovery of money decreed by the Principal Civil Judge, Mysore, in favour of the respondent-Bank. The facts leading to the institution of the suit and the filing of the present appeal may be summarized as under:2. M/s. Simone Enterprises was at the relevant point of time, a partnership concern comprising Mrs. Kitty Mandanna and Sri C.P. Muthanna. The partnership was carrying on hotel and restaurant business in the name and style of 'Dew Drop Inn'. The firm, it appears approached the plaintiff respondent-Bank for a loan of Rs. 2,50,000/-which the Bank granted upon the borrower executing a promissory note and creating a mortgage by deposit of title deeds in respect of property mentioned in Schedule B to the plaint. A deed of hypothecation in regard to the property described in Schedule C to the plaint was also executed by the borrower by way of an additional security.3. A few months after the loan transaction was completed, the pa...
P.R. Kamath Vs. Indian Bank
Court: Karnataka
Decided on: Dec-02-2002
Reported in: II(2003)BC265; 2003(2)KarLJ128; (2003)IILLJ23Kant
ORDERR. Gururajan, J.1. This petition is filed seeking for an order to quash the order dated 10-6-2002, Annexure-E with a further direction of reinstatement with other benefits.2. The facts in brief are as under;The petitioner is an employee of the Bank. One Sri Jayadeva initiated proceedings against the petitioner with regard to dishonouring of a cheque issued by the petitioner under Section 138 of the Negotiable Instruments Act. The petitioner was convicted. An appeal was filed before the Sessions Judge, unsuccessfully. Thereafter, the petitioner filed a criminal revision petition in Cri. R.P, No. 512 of 1998 in this Court. The petitioner made over the payment by way of DD to Jayadeva to compound the offence by way of an order at Annexure-A. Thereafter, a show-cause notice was issued to the petitioner on 30-1-2002. He was asked to show cause as to why action should not be taken against him in terms of Section 10(1)(b)(i) of the Act. The petitioner submitted his reply. Thereafter, an ...
The Branch Manager, State Bank of Mysore and ors. Vs. K. Amarnath and ...
Court: Karnataka
Decided on: Dec-02-2002
Reported in: [2003]115CompCas887(Kar); 2003(2)KarLJ31
1. The appellant-Bank being aggrieved by the judgment dated 26-8-1999 passed by the learned Single Judge in W.P. No. 4364 of 1999 has preferred this writ appeal.2. The State Bank of Mysore granted financial assistance for the purchase of Modi Xerox machine to the 1st respondent. Apparently the loan that was granted to the 1st respondent was under Prime Minister's Rozgar Yojana Scheme.3. Under the Scheme a person who applies for the loan should be an unemployed person. It was submitted that the 1st respondent was not an unemployed person. However, after certain mutual discussion the application was entertained and the loan was granted for expanding the 1st respondent's business. The 1st respondent was sanctioned a loan of Rs. 95,000/- on 21-5-1997 and was required to make payment from 21-6-1997 on monthly instalments. The amount was to be cleared in 60 monthly instalments.4. It was submitted by the appellant-Bank that right from the beginning the loanee, 1st respondent failed to keep up...
Smt. Severine D'Souza and Anr. Vs. Felix Ambrose D'Souza
Court: Karnataka
Decided on: Dec-02-2002
Reported in: 2003(2)KarLJ206
Acts/Rules/Orders: Succession Act, 1925 - Sections 213, 222 and 227Cases Referred: Ishwardeo Narain Singh v. Sm. Kamta Devi and Ors., AIR 1978 Cal. 399, (1978)1 Cal. L.J. 35; Maria Bai and Anr. v. Jayamma, M.F.A. No. 2353 of 1990; Dhane Ali Mia and Ors. v. Sobhan Ali and Ors., AIR 1978Cal. 399, (1978)1 Cal. L.J. 35; Alagammai and Ors. v. V. Rakkammal, AIR 1992 Mad. 136; Rukmani Dev and Ors. v. Narendra Lal Gupta, AIR 1984 SC 1866; Mrs. Hem Nolini Judah (deceased) and after her legal representative Mrs. Marlean Wilkinson v. Mrs. Isolyne Sarojbashini Bose and Ors., AIR 1962 SC 1471; Chiranjilal Shrilal Goenka deceased through L.Rs v. Jasjit Singh and Ors., (1993) 2 SCC 507OPINIONTirath S. Thakur, J.1. This miscellaneous first appeal arises out of an order passed by the Probate Court allowing an application seeking probate in respect of a Will executed by one Sri Juvam D'Souza. The appeal came up for hearing initially before V.G. Sabhahit, J., who noticed a conflict between the law as dec...
Indian Bank and ors. Vs. State of Karnataka, by Its Secretary, Departm ...
Court: Karnataka
Decided on: Dec-02-2002
Reported in: [2004]55SCL138(Kar)
ORDERGopala Gowda, J. 1. All these Writ Petitions pertain to M/s. Siruguppa Sugars and Chemicals, Gowribidanur in Kolar District (hereinafter referred to as 'the factory'). Hence, they are clubbed together, heard and this common order is passed.2. The factory filed W.P.No. 44063/2001 praying to quash the order at Annexure-L dated 26.9.2001 passed by the Commissioner for cane Development and Director of Sugar (hereinafter referred to as 'the Cane Director') and the Notice at Annexure-M dated 4.10.2001 issued by the Tahsildar calling upon the factory to pay Rs. 4,23,75,000/- due to the cane growers (hereinafter referred to as 'farmers' towards the cane supplied with interest at 15% per annum within seven days.3. The Mysugar Co. Ltd., (hereinafter referred to as 'the Company') has filed W.P.No. 45890/2001 seeking to quash the auction notice at Annexure-G dated 27.11.2001 issued by the Tahsildar for auctioning the properties of the petitioner and to direct the factory to pay a sum of Rs. 8...
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