Court : Karnataka
Reported in : ILR2003KAR2405; 2003(3)KarLJ589
ORDERV. Gopala Gowda, J.1. The short question involved in this writ petition is, whether the tenure of office of an elected person can be curtailed or restricted in the proceedings recorded contrary to the provisions of bye-laws?2. The 3rd respondent-Karnataka Pradesh Krishik Samaj (hereinafter referred to as 'Samaj') is a society registered under the erstwhile Mysore Societies Registration Act in the year 1940. It was formed for the welfare of the agriculturists in the State of Karnataka. As per the bye-laws of the Samaj, it consists of Taluk, District and State Committees. In the elections held on 16-5-2001 the petitioner got unanimously elected as State representative. As per the bye-laws, the tenure of the elected body was five years. The petitioner was unanimously elected for the post of President. However, in the proceedings recorded by the 4th respondent, it has been mentioned that for the first one year the petitioner is unanimously elected and for the remaining four years the ...
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR4933
B. Padmaraj, J. 1. Heard the arguments of the learned SPP as well as the learned Counsel for the convicted accused at a considerable length and carefully perused the entire case papers in detail including the impugned judgment made by the Trial Court with their assistance. We have also carefully perused the several decisions relied upon by the learned Counsel on either side.2. The appellant Talawara Venkatappa who is the sole accused in the case, aged about 25 years, a shepherded by profession and resident of Loleshwar, has been convicted by the Trial Court under Section 302 of IPC for committing the murder of his wife Smt. Manjamma, aged about 20 years on 04.12.1993 at about 3 p.m. at the dwelling house of PW-1/Smt. Devakka, the elder sister of the deceased at Kyarakatte village by committing assault on the deceased with a wooden implement called 'thattu mani' (an wooden implement used of leveling the earthen floor) on her face and by throttling or squeezing her neck, when the decease...
Tag this Judgment!Court : Karnataka
Reported in : 2003CriLJ1783; ILR2003KAR1953; 2004(2)KarLJ139
ORDERSreedhar Rao, J. 1. The District Magistrate, Davanagere passed the impugned order debarring the entry of the petitioner in any part of the Davangere District for a period of one month from 4.1.2003 to 3.2.2003.2. Saliently the impugned order held out a reason that on 31.12.2002 within the limits of Basavanagara police Station around 11.30 a.m. near Vittal Mandir one Lakshman and Nagaraj sons of Fakirappa were done to death by one Khaleemulla and 15 to 20 others belonging to muslim community. In that connection crime No. 1/ 2003 was registered for committing offences punishable under Section 143, 147, 148, 323, 324, 114, 506, 307, 302 read with 149 IPC against Khaleemulla and others. On 3.1.2003 around 3.35 p.m. the dead bodies of Lakshman and Nagaraj were taken out in a procession by the activists of Bhajarangadal, R.S.S. V.H.P. and B.J.P in large number raising slogans against the muslim community. The petitioner is said to be an activist of Bhajarangadai and against him several ...
Tag this Judgment!Court : Karnataka
Reported in : 2004(1)KarLJ199
1. The unsuccessful writ petitioner feeling aggrieved by the order of the learned Single Judge, dated 21st November, 1998 in W.P.No. 14136 of 1991 has come up with this writ appeal. Learned Single Judge by the order under appeal has dismissed the writ petition. The above writ petition was preferred by the appellant herein calling in question the action of the management dated 19-6-1991 (Annexure-D) by which he was reverted to the post of Assistant Traffic Manager (Class-II) from the post of Divisional Traffic Officer (Class-I Junior). The background facts be noted briefly and they are as follows:The appellant-writ petitioner and the fourth respondent belong to the Scheduled Caste community. Both of them were selected for the post of Assistant Traffic Manager (Class-II) in the year 1985 and subsequently they were appointed to the said post in the year 1986. The appellant was confirmed in the post on completion of probation on 21-4-1988 whereas respondent 4 was confirmed in the post on 7...
Tag this Judgment!Court : Karnataka
Reported in : (2003)IILLJ923Kant
S.R. Nayak, J.1. The unsuccessful writ petitioner feeling aggrieved by the order of the learned single Judge dated November 21, 1998 in W.P.No. 14136/1991 has come up with this writ appeal.Learned Judge by the order under appeal has dismissed the writ petition. The above writ petition was preferred by the appellant herein calling in question the action of the Management dated June 19, 1991 (Annexure-D) by which he was reverted to the post of Assistant Traffic Manager (Class-II) from the post of Divisional Traffic Officer (Class-I Jr.)- The background facts be noted briefly and they are as follows:The appellant-writ petitioner and the fourth-respondent belong to the Schedule Caste community. Both of them were selected for the post of Assistant Traffic Manager (Class-II) in the year 1985 and subsequently they were appointed to the said post in the year 1986. The appellant was confirmed in the post on completion of probation on April 21, 1988 whereas Respondent No. 4 was confirmed in the ...
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR2224
ORDERPatil, J.1. The petitioners assailing the legality and validity of the order dated 13.11.2002 in No. KLR SR 32/28 (Annexure-D) passed by the 1st respondent. Further, they sought a direction directing the 1st respondent to club Form No. 7A filed by the petitioners under Section 77A of the Act (Ann.A) along with the instant proceedings in No. KLR. SR. 32/28 and dispose of the same in accordance with law.2. The grievance of the petitioners is that, on the basis of the application filed by the Rule 2(a) to (h) before the land Tribunal for deleting their names from the proceedings initiated on the basis of Form No. 7 filed by the respective tenants in respect of land in Sy. No. 66 measuring 24 acres 9 guntas situated at Thirtha village of Kundagol Taluk, Dharwad District on the ground that the petitioners are not a necessary party to the said proceedings and they have not filed Form No. 7. The land Tribunal accepted the statement made by the contesting respondents and held that the pet...
Tag this Judgment!Court : Karnataka
Reported in : 2003(3)KarLJ67; (2003)IILLJ668Kant
1. The management of the Cauvery Grameena Bank feeling aggrieved by the order of the learned Single Judge dated 8-3-1999 in W.P. No. 14167 of 1992 has preferred this writ appeal.2. Learned Single Judge by the order under appeal has directed the management to pay the 'salary and consequential benefits' as earlier directed in the writ petition within 2 weeks from the date of the order. This case has had a chequered career and there is no need for us to deal with the entire past history. Suffice it to state that the respondent herein was imposed with penalty of reprimand in terms of the Cauvery Grameena Bank Staff Regulations, 1980 (for short, 'regulations'). A simple question that arises for decision in this appeal is whether the charged officer (for short the 'C.O.') is entitled to pay and allowances for the period during which he was kept under suspension pending departmental enquiry. This question need not detain the Court for long.3. At the outset, it will be beneficial to notice the...
Tag this Judgment!Court : Karnataka
Reported in : (2003)183CTR(Kar)275; [2003]262ITR517(KAR); [2003]262ITR517(Karn)
G.C. Bharuka, J. 1. These appeals have been preferred by the Department under Section 260A of the Income-tax Act, 1961 (in short 'the Act'). The substantial question of law arising out of the Tribunal's order is--whether the income derived by the assessee from letting out of the house property should be assessed under the head 'Income from house property' under Section 22 or 'Income from business' under Section 28 of the Act. 2. The relevant facts He in a narrow compass. The assessee is a private limited company. One of the directors of the company, Sri B.R. Kapanipathy, had taken certain extent of lands situate at Bangalore on a long-term lease of 36 years under a registered lease-deed dated December 20, 1972, He executed a registered deed of transfer in favour of the assesses-company transferring his leasehold rights. Subsequently, the assesses-company built a commercial complex on the said land and allotted the same to various parties and earned income therefrom. 3. For the year 198...
Tag this Judgment!Court : Karnataka
Reported in : [2003]130TAXMAN123(Kar)
G.C. Bharuka, J.The assessees have preferred these appeals under section 27 of the Wealth Tax Act, 1957 (hereinafter referred to as 'the Act'). By the impugned order the Tribunal has held that the assessees have rightly been held as liable to pay interest under section 17B of the Act.2. The only substantial question of law involved herein is :'Whether in terms of section 17B of the Act the assessee can be held liable to pay interest for delay in filing the return of net income ?'3. The assessment year involved is 1991-92. For this year the due date for filing the return under section 14 of the Act was 30-6-1991. But the assessees had filed the return much belatedly, i.e., on 15-2-1994. On 13-12-1994 a notice under section 17 of the Act was served on them requiring them to file the return. After receiving the notice the assessees sent a letter dated 26-12-1994 to treat the return filed as one under section 17(4) of the Act. Thereafter the assessment was completed under section 16(3) of ...
Tag this Judgment!Court : Karnataka
Reported in : [2003]130TAXMAN338(Kar)
G.C. Bharuka, J. These appeals have been preferred by the department under section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). The substantial question of law arising out of the Tribunal's order - whether the income derived by the assessee from letting out of the house property should be assessed under the head 'Income from house property' under section 22 or 'Income from business' under section 28 of the Act.2. The relevant facts lie in a narrow compass. The assessee is a private limited company. One of the Directors' of the Company Sri B.R. Kapanipathy had taken certain extent of lands situate at Bangalore on a long-term lease of 36 years under a registered lease-deed dated 20-12-1972. He executed a registered deed of transfer in favour of the assesses-company transferring his leasehold rights. Subsequently, the assesses-company built commercial complex on the said land and allotted the same to various parties and earned income therefrom.3. For the year 1...
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