Karnataka Court September 2002 Judgments
S. Shankaranarayana Kedlaya Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Sep-16-2002
Reported in: ILR2002KAR4716; 2003(3)KarLJ201
K. Bhakthavatsala, J.1. The writ appeals are directed against common order passed on 5-2-1998 in W.P. No. 36265 of 1997 and connected cases by the learned Single Judge of this Court dismissing all the writ petitions.2. The writ petitions came to be filed later on were directed to be posted along with the writ appeals in view of raising common question of fact and law.3. Thus, all the above said cases are before us for disposal.4. The writ appeals and the writ petitions involve common questions of fact and law and are taken up with the consent of parties and we proceed to pass a common judgment.5. In view of the submission made by the learned Advocate General and learned Counsels for the parties, the following questions arise for our consideration.-(i) Whether supari is arecanut as mentioned in Schedule VIIIunder the caption 'plantation crops and spices' in Sl. No. 1 tothe Karnataka Agricultural Produce Marketing (Regulation)Act, 1966? (ii) If so, whether the appellants/petitioners are...
Tag this Judgment!Kallanagouda Vs. the North Western Karnataka Road Transport Corporatio ...
Court: Karnataka
Decided on: Sep-13-2002
Reported in: 2002(6)KarLJ104
P. Vishwanatha Shetty, J.1. In this petition the petitioner has prayed for quashing the order dated 19th/23rd February, 2001, a copy of which has been produced as Annexure-C passed by the 2nd respondent, wherein the claim of the petitioner for appointment in the 1st respondent-North Western Karnataka Road Transport Corporation (hereinafter referred to as 'the Corporation') on compassionate ground came to be rejected.Few facts, which may be relevant for the disposal of this petition, may be briefly stated as hereunder;2. The father of the petitioner, one Sri Hanumanthagouda Mallanagouda Patil was working as Conductor in the services of the Corporation. However, he came to be dismissed from the service by the Corporation on the ground that he had committed certain misconduct. In the dispute raised by him, the Labour Court, by means of its award dated 21st January, 1998 upheld the decision of the Corporation dismissing him from service on the ground that the misconduct alleged against him...
Tag this Judgment!Laxmi Kom Venkanna Nayak Vs. Government of India
Court: Karnataka
Decided on: Sep-13-2002
Reported in: AIR2003Kant54; 2002(6)KarLJ310
ORDERP. Vishwanatha Shetty, J.1. In this petition the petitioner has sought for a direction to the respondent to grant the family pension under Swathantratha Sainik Samman Pension Scheme to her treating her as a separate entity in terms of the Government Circular dated 28th July, 1982 in No. 8/16/81-(P) issued by the respondent.Brief facts of the case, which may be relevant for disposal of this petition, may be stated as hereunder.2. The petitioner claims that she is the first wife and widow of late Venkanna Hamanna Nayak who was a Freedom Fighter; and the said Venkanna Hamanna Nayak was receiving pension under 'Swathantratha Sainik Samman Pension Scheme' (hereinafter referred to as 'the Scheme') from the respondent till his death on 22nd October, 1992; and upon his death, the petitioner being the widow of said late Venkanna Hamanna Nayak applied for grant of family pension under the Scheme both to State and Central Governments by means of representation dated 5th January, 1994, copies...
Tag this Judgment!Piem Hotels Ltd. Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Sep-13-2002
Reported in: [2003]129STC373(Kar)
Kumar Rajaratnam, J.1. What is challenged in these writ appeals is the inclusion of outgoing telephone calls and laundry charges to a separate luxury tax apart from levy on luxuries provided in hotels and lodging houses.2. The Karnataka Tax on Luxuries Act, 1979 (hereinafter referred to as 'the Act') makes provision for a levy on luxury provided in a hotel under Section 3 of the Act.3. What is relevant for the purpose of this case are Sections 3, 3-B, 3-C. These are the charging Sections. Sections 3, 3-B, 3-C read as follows :'3. Levy and collection of tax on luxury provided in a hotel.--(1) Subject to the provisions of this Act, there shall be levied, and collected a tax on the luxury provided in a hotel in respect of every room (to be known as 'luxury tax') at the following rates, namely :W.P. No.NameDate of signing the RollDate on which deemed tohave become an Advocate1054of 2002S.Ramu5-2-199929-11-19971120of 2002T.KShridevi4-9-19984-9-19971121of 2002R.Manjuladevi23-10-199818-10-199...
Tag this Judgment!Larsen and Toubro Limited Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Sep-13-2002
Reported in: [2003]129STC401(Kar)
Kumar Rajaratnam, J.1. Section 19-A of the Karnataka Sales Tax Act (hereinafter referred to as 'the Act' as it stood then was struck down as unconstitutional by a division Bench of this Court reported in [1997] 105 STC 192 in the case of KEC International Limited v. State of Karnataka.2. It has also been brought to our notice that the special leave petition preferred against the division Bench judgment of this Court was dismissed as withdrawn by the Supreme Court dated January 30, 1997.3. Section 19-A of the Karnataka Sales Tax Act, 1957, which was struck down by this Court, reads as follows :'Section 19-A : Deduction of tax at source.--(1) Notwithstanding anything contained in this Act, the Central Government, or any State Government, or an industrial, commercial or trading undertaking of the Central Government, or of any State Government (or any such undertaking in joint sector), or a local authority or a statutory body, shall deduct out of the amounts payable by them to a dealer in ...
Tag this Judgment!The Bangalore Development Authority Vs. Smt. Ramakka (Deceased) by L.R ...
Court: Karnataka
Decided on: Sep-12-2002
Reported in: 2002(6)KarLJ158
1. The ranks of the parties shall be followed as in the lower Court. The defendant has challenged the judgment and decree of the Trial Court passed in O.S. No. 10912 of 1984, dated 19-8-1996 decree in the suit for specific performance and perpetual injunction. The facts in nutshell are as follows: The plaintiff was the absolute owner of 1 acre 30 guntas of land in Sy. No. 25, Domlur Village. The defendant acquired it for formation of Domlur II Stage Layout vide final notification dated 13-12-1979. The plaintiff made an application before the defendant for reconveyance of the said land. The defendant passed a resolution dated 17-11-1982 bearing No. 364 to reconvey the entire land i.e., 1 acre 16 guntas on condition that the plaintiff has to pay reconveyance charges as per rules and communicated the same to the plaintiff by a letter. The plaintiff requested the defendant to intimate her the amount payable. The plaintiff and the members of the family were called upon by the defendant topr...
Tag this Judgment!Subhashish Talukder Vs. the Principal, M.R. Medical College and ors.
Court: Karnataka
Decided on: Sep-12-2002
Reported in: ILR2002KAR4644; 2002(6)KarLJ219
ORDERN. Kumar, J.1. The petitioner was admitted to MBBS(RS) in the M.R. Medical College, Gulbarga. The petitioner appeared for the examination of Phase I MBBS(RS) which was held in September/October 2000. The subjects were Anatomy, Biochemistry and Physiology. He failed in all the three subjects. The petitioner again appeared for the aforesaid examination which was held in April 2001, and he failed in all the three subjects. Again, he appeared for the third time in the month of October 2001. He was issued hall-ticket for appearing in the examination only in two subjects, namely, Anatomy and Biochemistry, and insofar as the subject Physiology is concerned, though it was printed on the hall-ticket, it was record off. Therefore, the petitioner was not permitted to take the examination of Physiology during his third attempt. On enquiry he was told that he is deemed to have passed and therefore they have scored out the said subject. The petitioner again failed in the aforesaid two subjects ...
Tag this Judgment!Nagalingappa Vs. Smt. Indirawwa and ors.
Court: Karnataka
Decided on: Sep-12-2002
Reported in: 2003(1)KarLJ415
B.K. Sangalad, J.1. Being aggrieved by the judgment and decree dated 18-4-1998 passed by the Civil Judge (Senior Division), Saudatti, in R.A. No. 4 of 1996 (Old R.A. No. 142 of 1990) confirming the judgment and decree dated 10-7-1990 passed by the Munsiff, Ramdurg, in O.S. No. 165 of 1989 the plaintiff has preferred this appeal.2. The ranks of the parties shall be followed as in the lower Court. The appellant is the plaintiff. The respondents are the legal representatives of original respondents as noted in the cause title.3. The facts in nutshell are that the appellant is the legally adopted son of one Rudrappa Patter who died in the year 1955 leaving behind his wife who also died in the year 1963 and the appellant (the adopted son). The adoption of the appellant took place on 7-11-1953 according to the religious practice of the community of the respondents. The adoption ceremony took place at a place called Shirasangi on 7-11-1953. The adoption deed, after the adoption, was executed ...
Tag this Judgment!Mahabal S. AmIn Vs. Vijaya Bank
Court: Karnataka
Decided on: Sep-11-2002
Reported in: ILR2002KAR4903; 2002(6)KarLJ267; (2003)ILLJ394Kant
1. This appellant is an employee of respondent-Vijaya Bank. During 27-2-1986 to 13-5-1987, he was working as Branch Manager at Jorhat Branch of the Bank. In a disciplinary proceedings initiated against him, he has been found guilty of misconducts committed by him during the said period. It is a matter of record that because of his negligence and breach of administrative orders, rules and regulations framed for giving overdraft facilities and loans, the respondent-Bank had to suffer substantial pecuniary loss.2. For the above reasons, apart from subjecting the appellant to a penalty of reducing the basic pay to a lower stage in the timescale by four stages, the disciplinary authority also held that the appellant is liable to make good the financial loss caused to the Bank as a result ofthe irregularities committed by him during his tenure as Branch Manager at Jorhat Branch.3. The only question which has been raised by the appellant for our consideration is as to whether in view of Regul...
Tag this Judgment!St. John's Teacher Training Institute for Women Vs. Union of India (UO ...
Court: Karnataka
Decided on: Sep-11-2002
Reported in: 2003(1)KarLJ244
G.C. Bharuka, J.1. This intra-Court appeal involves certain constitutional issues of far reaching consequences. By the impugned order, the learned SingleJudge has declined to exercise jurisdiction under Article 226 vested in this Court on the ground that the petitioner-institution should seek the desired relief before its jurisdictional High Court (Madras High Court), though the original order (Annexure-C), which created the Us, was passed at Bangalore by the 3rd respondent-Southern Regional Committee, National Council for Teacher Education (in short the 'Regional Committee'). 2. Let us have resume of relevant facts. The appellant-institution claims to be situated at Veeravanallur in the State of Tamil Nadu. It is claimed to have been established by E, Managayarkarasi alias Grace Dorris Hannah and his wife. The institution intended to offer course of training in teacher education. As such, it made an application to the Regional Committee on 9-2-1996 seeking recognition under the Nation...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- Next ›
- Last »