Karnataka Court September 2002 Judgments
The Special Land Acquisition Officer, Hidkal Dam Project Vs. L.B. Desa ...
Court: Karnataka
Decided on: Sep-11-2002
Reported in: 2003(1)KarLJ257
M.F. Saldanha, J.1. The State of Karnataka has, through this appeal assailed the enhancement that has been awarded by the learned Additional Civil Judge, Chikkodi, in LAC No. 19 of 1994. At the very outset, we put a question to the Government Pleader as to how one appeal has been filed even though the record clearly indicates that this was a group of 14 acquisitions even though they are all in one compact area. The learned Advocate submitted that since these were filed through a Power of Attorney Holder before the Reference Court that one number has been allotted by the Court and that this is the reason why the State has also filed one appeal. As far as the Court fee is concerned, the question does not arise since the valuation has been done on the basis of the individual pieces of land and since the State is the appellant and is exempted from paying Court fees, there is no need to issue any directions in this regard. However, for purposes of the record even though we entertain a commo...
Tag this Judgment!Amir Ali Vs. Ahmed Patel and ors.
Court: Karnataka
Decided on: Sep-09-2002
Reported in: ILR2003KAR2436; 2003(1)KarLJ452
ORDERK. Sreedhar Rao, J.1. Revision petition is filed under Section 115 of the CPC against the order of the learned Civil Judge (Senior Division), Gulbarga in Misc. No. 447 of 2000. The petitioner is the successful candidate in Taluk Panchayat Election, elected from Kadadoor constituency of Chittapur Taluk Panchayat. The first respondent herein is the unsuccessful candidate at the election, filed an election petition challenging the election of the petitioner herein. During the pendency of the proceedings, the first respondent made an application in I.A. No. III under Order 6, Rule 17 of the CPC to amend the cause title in describing the second respondent herein as the Returning Officer, No. 5, Kadadoor Taluk Panchayat, Chittapur. In the original pleadings, the second respondent is described as Returning Officer-cum-Tahsildar, Taluk Panchayat, Chittapur. It is noticed that the second respondent who is the first respondent in the original petition is not properly described, so also, the...
Tag this Judgment!Factory Manager, Rajashree Cements Vs. Naeem Pasha and ors.
Court: Karnataka
Decided on: Sep-06-2002
Reported in: [2003(96)FLR285]; ILR2002KAR4817; 2003(1)KarLJ274; (2003)ILLJ781Kant
ORDERH. Rangavittalachar, J.1. Since these two writ petitions arise against the same award passed by the Labour Court, Gulbarga, in KID No. 96 of 1989, these two writ petitions are disposed of by this common order.2. W.P. No. 44626 of 1995 is filed by Rajashree Cements challenging the award ordering for reinstatement of its earlier workman, one Naeem Pasha while the other writ petition has been filed by the workman against that portion of the award denying back wages and continuity of service while ordering for his reinstatement.3. Facts will be referred to with reference to W.P. No. 44626 of 1995.4. The workman Naeem Pasha was working as an 'Air-Condition Refrigeration Mechanic' in the petitioner's establishment. He was charged of having committed the following acts of misconduct i.e.,(1) On 10-8-1987 at about 9.15 a.m., he unauthorisedly left the work spot and also incited other workers to abstain from work.(2) That on the same day at about 12.15 p.m. he and other workers went to Sid...
Tag this Judgment!Commissioner of Income Tax and anr. Vs. Sri Ram Sahakari Bank Ltd.
Court: Karnataka
Decided on: Sep-05-2002
Reported in: (2004)186CTR(Kar)734; [2004]266ITR632(KAR); [2004]266ITR632(Karn)
G.C. Bharuka, J. 1. This is an appeal preferred by the Department under Section 260A of the IT Act, 1961, ('the Act' for short).2. The only question involved herein is whether the Tribunal is justified in holding that the respondent assesses is entitled to deduction under Section 80P(2)(a)(i) of the Act in respect of the interest and dividend income of Rs. 2,50,664 derived out of investment in National Saving Certificate, Indira Vikas Patra, Kisan Vikas Patra, short-term fixed deposits in banks and shares of Maharashtra State Finance Corporation of India.3. The assessee is a co-operative bank within the meaning of Section 2(b-I) of the Karnataka Co-operative Societies Act, 1959, and is registered as such under the provisions of the said Act. It is. a regional rural bank within the meaning of Regional Rural Banks Act, 1976. As per Section 22 of the latter Act it is to be deemed to be a co-operative society for the purpose of the Act. It appears that the above investments were made by th...
Tag this Judgment!Tulasamma Vs. N. Seenan and anr.
Court: Karnataka
Decided on: Sep-04-2002
Reported in: ILR2002KAR4941; 2002(6)KarLJ292
1. This appeal arises out of a judgment and decree passed by the Principal Judge, Family Court, Bangalore, whereby M.C. No. 63 of 1994 filed by the appellant-wife seeking a decree for divorce has been dismissed.2. The parties are Hindus by faith. They got married to each other on 13-7-1987 at Bangalore and started living with the parents of the appellant-wife. The respondent-husband was at that time working as a teacher in a school drawing a monthly salary of Rs. 350/-. Having stayed with his parents-in-law for about nine months or so, the couple shifted their residence to Gayathrinagar where they lived together till 1992. During this period, he had given up his job and started his own business in the name of J and J Safety Aids and Marketing Services. Differences having arisen between the parties, they have been living separately ever since the year 1992. M.C. No. 63 of 1994 was in the above background filed by the appellant-wife for dissolution of marriage on the grounds of cruelty a...
Tag this Judgment!Smt. C. Madhu Vs. B.V.S. Murthy
Court: Karnataka
Decided on: Sep-04-2002
Reported in: I(2003)BC268
ORDERN.K. Patil, J.1. The petitioner is assailing the legality and validity of the judgment and decree passed in SC No. 3672/1998 on the file of the XI Addl. Small Causes Judge, Bangalore insofar as the prayer for rejection of the interest is concerned.2. The petitioner-plaintiff filed a suit for recovery of a sum of Rs. 17,500/- with future interest thereon at 18% per annum from the date of suit till realisation with costs. The Trial Court after hearing and considering the material on record and conducting the trial has allowed the suit filed by the petitioner holding that the petitioner is entitled to recover a sum of Rs. 10,000/- from the defendant with costs along with notice charges of Rs. 100/- without considering the rate of interest as claimed by the plaintiff-petitioner in that suit.3. Heard the learned Counsel for the petitioner. The respondent is served and unrepresented.4. The principal submission of the learned Counsel for the petitioner is that the Trial Court has committ...
Tag this Judgment!Dr. A.R. Aruna Kumar Vs. Smt. Nalini
Court: Karnataka
Decided on: Sep-04-2002
Reported in: AIR2003Kant25; I(2003)DMC504
Tirath S. Thakur, J. 1. This Miscellaneous First Appeal arises out of a Judgment and Decree passed by the II Addl. Civil Judge, Mysore in MC No. 6/1990 whereby the petition filed by the appellant--husband for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 has been dismissed. 2. The parties were married according to the Hindu customary rights in January 1985 at Pertyapatna, Mysore District. They set up their marital home at Bannur, but later shifted to Mysore where they lived up to November 1986. M. C. No.6/1990 seeking dissolution of marriage was filed by the appellant before the Court below on the allegation that the respondent wife had treated the husband with cruelty within the meaning of Section 13(1)(ia) of the Hindu Marriage Act, 1955 which entitled him to a decree for dissolution of the marriage. The case set out in the petition was that the respondent-wife had the bad habit of stealing valuables found in any place without realising the consequences of such an a...
Tag this Judgment!The Bangalore Turf Club Limited Vs. the Regional Director, Employees' ...
Court: Karnataka
Decided on: Sep-04-2002
Reported in: [2002(95)FLR1149]; ILR2002KAR4562; 2003(2)KarLJ544; (2003)ILLJ73Kant
Tirath S. Thakure, J. 1. The short question that falls for consideration in this appeal under Section 82 of the Employees' State Insurance Act, 1948, is whether the appellant-Bangalore Turf Club Limited is a factory within the meaning of Section 2(12) of the Act or a shop within the meaning of notification dated 5-1-1985 issued under Section 1(5) thereof. The question arises in the backdrop of the following facts: 2. The respondent-Regional Director of the ESI Corporation by an Order dated 13-10-1988 passed under Section 45-A of the Employees' State Insurance Act, 1948, ['ESI Act' for short] called upon appellant-club to register its employees, submit the prescribed returns and pay ESI contribution in terms of the Act and the regulations framed thereunder. The order proceeded on the premise that the appellant-company had been established to carry on the business of a race club and providing various amenities to public as well as to the members of the club. From the audited balance-shee...
Tag this Judgment!Aicoboo Nagar Residents Welfare Association Vs. Bangalore Development ...
Court: Karnataka
Decided on: Sep-03-2002
Reported in: ILR2002KAR4705; 2002(6)KarLJ260
ORDERN.K. Jain, C.J. 1. These two writ petitions under Article 226 of the Constitution of India, as public interest litigation petitions challenge the lease granted by first respondent-Bangalore Development Authority in favour of M/s. Bharath Petroleum Corporation, the second respondent, in respect of Civic Amenity Site No. 3 (Part), BTM I Stage, I Phase Layout, Bangalore. Both petitions involve common questions of law and fact and are disposed off by this common order. 2. It is averred in the petition that lease of civic amenity site in favour of second respondent is illegal as opening of petrol outlet is not a civic amenity, and the second respondent is not entitled to allotment of civic amenity site. It is stated that rules of allotment have not been followed while leasing the site as no public auction was held and second respondent is putting up construction in violation of agreement of lease and sanctioned plan and hence lease is liable to be quashed. 3. The first respondent has f...
Tag this Judgment!Param Industries Limited Vs. Union of India (Uoi) and ors.
Court: Karnataka
Decided on: Sep-03-2002
Reported in: 2003(86)ECC415; 2002(150)ELT3(Kar); ILR2002KAR4523; 2003(1)KarLJ213
ORDERN.K. Jain, J. 1. These writ petitions and writ appeals are disposed of by this common order since they involve common questions of law and facts. The parties would be referred to with reference to their rank in the writ petitions.2. The petitioners in these writ petitions are engaged in the import and export of various edible oils. They have been importing edible oils in bulk from various ports throughout the country. It is stated that the petitioners had imported RBD Palmolein which had arrived at port of destination and the same were cleared after payment of import duty of 85% of its value pursuant to the notification which was in existence on the said date. Major quantity of goods under the aforesaid consignment was removed from the warehouse, but removal of the balance quantity was denied. However, subsequently they received notice stating that in view of the notification under Section 14(2) of the Customs Act, 1962, which came into effect from 3-8-2001, the tariff value in re...
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