Karnataka Court January 2003 Judgments
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Cit Vs. Bhoopalam Commercial Complex and Industries (P) Ltd.
Court: Karnataka
Decided on: Jan-30-2003
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...
Smt. M.R. Prabhavathy Vs. Asstt. Cit
Court: Karnataka
Decided on: Jan-30-2003
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 ...
Raveendra S. Karadi and anr. Vs. the Karnataka Forest Development Corp ...
Court: Karnataka
Decided on: Jan-29-2003
Reported in: 2003(2)KarLJ189
S.R. Nayak, J.1. The writ petitioners being aggrieved by the order of the learned Single Judge, dated 12th January, 2000 in W.P. Nos. 11393 and 11394 of 1998 have preferred these writ appeals. In the above writ petitions, the petitioners sought a direction to the respondent-Corporation to redesignate/restructure the cadre of the petitioners in terms of the Government Order No. FD 55 SRP 85, Bangalore, dated 30th October, 1985 and Government Circular, dated 10-2-1986 and include the names of the petitioners in the Gradation list of 'Superintendents' and to consider and promote them to the cadre of 'Manager' and next higher cadres by undertaking review of promotions.2. Learned Single Judge having considered the judgment of the Division Bench of this Court in Writ Appeal Nos. 1573 to 1577 of 1995, dated 17-6-1997 has opined that by virtue of the said order of the Division Bench, petitioners are entitled to time pay scale of Rs. 860-1650, but the petitioners are not entitled to seek 'manda...
Syndicate Bank Vs. M. Sivarudrappa (Deceased) by L.Rs
Court: Karnataka
Decided on: Jan-29-2003
Reported in: AIR2003Kant210; II(2003)BC211; [2004]118CompCas390(Kar); 2003(2)KarLJ226
Chandrashekaraiah, J.1. This appeal is by the plaintiff challenging the judgment and decree of the Trial Court, passed in O.S. No. 1996 of 1985 insofar as it relates to dismissal of the suit as against the defendant 2.2. The parties in this appeal are referred to as arrayed before the Trial Court.3. The plaintiff filed the suit for recovery of money contending that the defendants personally, jointly and severally are liable to pay a sum of Rs. 1,28,114.40 ps. together with cost and interest thereon at the rate of 19.5% p.a. compounded quarterly on the principal of Rs. 1,37,006.95 ps. and for a final decree for sale of the mortgaged immovable property mentioned in the schedule, in the event if any default is committed. The Trial Court decreed the suit as against the defendants 1 and 3 jointly and severally and dismissed the suit as against the 2nd defendant. The case of the plaintiff is that the plaintiff is a banking company and has advanced a loan of Rs. 1,00,000/- on the request of t...
Mrs. Latha U. Kamath and ors. Vs. the Commissioner, Bangalore Developm ...
Court: Karnataka
Decided on: Jan-29-2003
Reported in: ILR2003KAR1604
Kumar Rajaratnam, J.1. By consent of the learned Counsel appearing for the parties, these Writ Appeals are taken up for final disposal.2. Since both the writ appeals arise out of the same acquisition and raise the same points of law, a common order is passed in both the Writ appeals.3. The appellants being the land owners questioned the preliminary and the final notifications dated 29.12.1988 and 9.5.1994 respectively and to declare the same as illegal and not binding on the petitioners. In the Writ Petition No. 20621/1998, the question related to 7 acres 21 guntas of land situate in Sy.No. 88/2 of Uttarahalli, Bangalore South Taluk. In Writ Petition No. 21786/1998, the question related to 2 acres 30 guntas situate in Sy.No.88 of Uttarahalli, Bangalore South Taluk. The learned Single Judge in two separate orders dated 5.8.1998 dismissed the Writ Petitions Nos. 20621/1998 and 21786/1998 on the ground that the petitioners in Writ Petitions approached the Court belatedly and the Writ Peti...
Smt. Vithabai G. Ghodake and anr. Vs. the United Western Bank Limited ...
Court: Karnataka
Decided on: Jan-29-2003
Reported in: AIR2003Kant266; II(2003)BC648; [2003]114CompCas705(Kar); 2003(2)KarLJ457
ORDERN.S. Veerabhadraiah, J. 1. This revision is by the judgment-debtor being aggrieved of the order passed in Misc. Case No. 40/2000 by the learned Civil Judge (Sr. Dn.) Hubli, dated 14.6.2001 restoring the execution case No. 229/88.2. The brief facts of the case are as follows :The United Western Bank Limited, obtained a decree against the judgment-debtor for Rs. 1.52.864/- in O.S. No. 13/1982. The said decree became final between the parties. The Decree-holders took out execution for recovery of the amount in Ex. Case No. 229/88. The judgment-debtor dragged on the proceedings commencing from 1988, After all the formalities, the execution proceedings stood posted to 5,8.2000 for filing of the verified statement. On 5.8.2000, the execution petition came to be dismissed for non-compliance of Order 21, Rule 66(3), CPC. The decree-holder Bank immediately filed a Miscellaneous Petition under Order 21 Rule 106 read with Section 151, CPC for restoration of Ex. Case No. 229/88. The petition ...
Balakrishna N. Shetty and ors. Vs. B.K. Ibrahim and ors.
Court: Karnataka
Decided on: Jan-29-2003
Reported in: I(2004)ACC510; 2005ACJ2100; ILR2003KAR3801
Saldanha, J. 1. We have heard the learned Counsel on both sides in these two appeals. 2. Certain arguments of consequence have been advanced by both the learned Counsel, which would have bearing on several other similar situation having regard to the modality of driving and the injuries occurring in the student community and consequently, it is necessary for us to record our findings with regard to the submissions canvassed. Both the deceased were students who were riding on a motor cycle on 8.2.1989 at about 7 p.m. near Nanthoor which is on the outskirts of Mangalore city, incidentally on the National Highway by-pass. As a result of the recklessness on the part of another motor cyclist who brushed against this motor cycle, the two boys who ware 3rd year BDS students were thrown off the vehicle, landed on the road and were immediately run over by a speeding truck. They died instantaneously and the claim petitions have been presented by their parents. 3. The principal contention raised ...
Bijapur Mahalaxmi Urban Co-operative Credit Bank Ltd. Vs. Mohan Kamala ...
Court: Karnataka
Decided on: Jan-28-2003
Reported in: [2003(97)FLR651]; ILR2003KAR1846; 2003(6)KarLJ15; (2003)IILLJ595Kant
Nayak, J. 1. The Bijapur Mahalaxmi Urban Co-operative Credit Bank limited, which was the 2nd respondent in the Writ Petitions, feeling aggrieved by the common order made by a learned Single Judge of this Court in W.P.No. 15677/96 and W.P. Nos. 15988 to 15996/96 has preferred these Writ Appeals.2. The above Writ Petitions were filed by Respondents-1 to 10 herein, praying for a declaration that the petitioner's claim in regard to their wages and other emoluments as awarded by the Labour Court, Bijapur, by order dated 31.1.1996 in Application No. 37/1995 will have precedence and priority over the claims put forward by the Appellant-Bank and for consequential direction to the Appellant-Bank and the Assistant Registrar of the Co-operative Societies and Recovery Officer, Bijapur, the 12th respondent herein not to appropriate the properties and assets of the Joshi Metal Industries, Bijapur, the 11th respondent herein. Learned Judge, placing reliance on the Judgment of the Apex Court reported ...
Bangalore Metropolitan Transport Corporation Vs. K.R. Mahalingaiah and ...
Court: Karnataka
Decided on: Jan-28-2003
Reported in: 2003(3)KarLJ445; (2003)IILLJ766Kant
ORDERN. Kumar, J.1. The petitioner has challenged in this writ petition the award of the Labour Court, dated 28-1-1999 passed in I.D. No. 335 of 1994 by the III Additional Labour Court, Bangalore, setting aside the order of dismissal and directing the petitioner to reinstate the respondent into service with continuity of service and 40% of the back wages from the date of dismissal till the date of reinstatement.2. The facts leading to this case are as under.--The respondent was appointed as a conductor in the petitioner- Corporation in the year 1990. The respondent was on duty on 25-9-1991 in vehicle No. KA 25F 48 on route No. 236/1 plying from Peenya II Stage to Kengeri Satellite Town. The checking officials checked the bus at Kengeri Bus Stand and found that the respondent was in possession of unaccounted excess cash of Rs. 97.75. On the very same day a memo was served on the respondent at the spot which he received and acknowledged. Thereafter, the respondent was placed under suspen...
Dr. Praveen Kumar I. Kusubi Vs. Rajiv Gandhi University of Health Scie ...
Court: Karnataka
Decided on: Jan-28-2003
Reported in: 2004(3)KarLJ218
ORDERN. Kumar, J.1. In this batch of writ petitions, the petitioners are challenging the correctness of the answer key of Post-graduate Entrance Test-2002, 'Medicine Version M4' and to assign ranking on the basis of the corrected answers, or, in the alternative, a direction to the respondent-University to appoint an expert committee to look into the key answers provided by the University in respect of the challenged questions.2. All the petitioners have successfully passed the MBBS examination and are eligible for appearing the Post-graduate Entrance Test-2002 held by the respondent-University. The respondent-University issued the calendar of events for the P.G. Entrance Test-2002, Medicine Version M4 (for short, hereinafter referred to as 'P.G. Entrance Test'). As all the petitioners were found eligible to take the examination, they were issued with identity cards by allotting registration numbers and they were permitted to appear in the examination.3. The P.G. Entrance Test conducted...
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