Karnataka Court December 2003 Judgments
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L. and T. Komatsu Limited Vs. Senior Sub-registrar and ors.
Court: Karnataka
Decided on: Dec-02-2003
Reported in: AIR2004Kant308
ORDERD.V. Shylendra Kumar, J.1. Petitioner is a company registered under the Companies Act, 1956. Petitioner has called in question (1) the order passed by the first respondent the Sub-Registrar, Yelahanka, Bangalore, dated 1-4-1998 passed in No. IMP 1/98-99. whereby he has impounded the Deed of Transfer dated 11-3-1998 which had been presented for registration on that day in exercise of his powers under Section 33 of the Karnataka Stamp Act, 1957 ('the Act', for short) and has forwarded the same to the District Registrar and Deputy Commissioner of Stamps, Bangalore Urban District, Bangalore, the second respondent to this writ petition, for realisation of the deficit stamp duty and other incidental action (copy at Annexure-H), (2) the order dated 21-9-1998 passed in No. DR : DRI : 1:98-99 (copy at Annexure-K) passed by the second respondent District Registrar and Deputy Commissioner of Stamps, Bangalore Urban District, Bangalore, on such reference to him and whereby the second responde...
Managing Director, K.S.R.T.C. and anr. Vs. Sunanda and anr.
Court: Karnataka
Decided on: Dec-01-2003
Reported in: 2004ACJ889; 2004(1)KarLJ105
Ram Mohan Reddy, J. 1. The owner and insurer of the motor vehicle involved in the accident have preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, the 'Act') calling in question the judgment and award dated 34-9-2001 passed in M.V.C. No. 411 of 2000 on the file of the Additional Civil Judge (Senior Division) and Additional Motor Accidents Claims Tribunal, Hubli (for short the 'MACT').2. The facts of the case in brief are:On 1-1-2000, one Mahaveerappa Prathamashetty was travelling on the top of the bus belonging to the appellants along with his goods being tin sheets. When the bus reached KEB Pole No. GDR 16 on Hubli - Gadag Road, the driver of the bus applied brakes suddenly and the deceased fell down from the top of the bus and died instantaneously. The legal representatives of the deceased being the widow and minor son, dependant on the income of the deceased, instituted a claim petition in M.V.C. No. 411 of 2000 seeking compensation.3. The appella...
Shivalinga Shivanagowda Patil and ors. Vs. Erappa Basappa Bhavihala an ...
Court: Karnataka
Decided on: Dec-01-2003
Reported in: II(2004)ACC470; 2004ACJ333; [2004(101)FLR178]; ILR2004KAR193; (2004)ILLJ1089Kant
ORDER1. This Reference has been placed before us as per the direction of the Chief Justice dated 16.9.2003. Initially, a learned Single Judge of this Court referred MFANo. 27/1996 on 10.11.2000 to the Division Bench. The Division Bench had found that the conflicting decisions rendered by the co-ordinate benches of this Court have led to a certain amount of confusion. The Division Bench in DIVISIONAL MANAGER, KSRTC v. BHIMAIAH, 1976(2) KLJ 396 held that the disability does not amount to total disablement, as the workman was capable of performing duties and executing works other than driving. Another Division Bench in NATIONAL INSURANCE CO. LTD. v. R. VISHNU, 1992 (1) LLN 178, upheld the order by which the Commissioner had treated amputation of left leg of workman as total disability for awarding compensation. On the basis of these two Division Bench decisions, conflicting views have come on the point in other Single Bench decisions. Therefore, for a proper pronouncement on the point, th...
Smt. Bhagava Vs. Sri Kadasiddeshwara Trading Company and anr.
Court: Karnataka
Decided on: Dec-01-2003
Reported in: ILR2004KAR367
ORDERM.S. Rajendra Prasad, J 1. This Criminal Revision Petition by the accused filed under Section 397(2) Cr.P.C. is directed against the order dated 6.6.2001 passed in Cr.R.P. No. 91/2000, on the file of the Principal Sessions Judge, Bagalkot, wherein the learned Sessions Judge had allowed the revision petition filed by the accused and consequently, had dismissed the complaint filed by the respondent herein in PC 22/2000 for the offence under Section 138 of the Negotiable Instruments Act, wherein the learned Magistrate had taken cognizance of the case against the accused for the said offence, questioning the legality and propriety of the said order by the learned Sessions Judge.2. The Court has heard the arguments of Sri R.L. Patil, the learned Counsel for revision petitioner and Sri Veerendra Patil, learned Counsel on behalf of the respondent.3. The learned Counsel for revision petitioner strenuously contended that the material on record clearly shows that the order impugned is illeg...
Balkrishna Breeding Farms (P) Ltd. Vs. Chief Commissioner of Income Ta ...
Court: Karnataka
Decided on: Dec-01-2003
Reported in: (2004)186CTR(Kar)313; [2004]266ITR15(KAR); [2004]266ITR15(Karn)
ORDERR. Gururajan, J.1. The petitioner-Balakrishna, aggrieved by Annex, 'F' dt. 20th Feb., 2003 in file No. CC-I/ACIT(T)-I/119(2)(a)/I/34/02-03 is before. me. The, petitioner private limited company is an assessee in-terms of the provisions of the IT Act. (for short 'the Act'), For the asst. yr. 1993-94, the petitioner filed its return claiming a net refund of Rs. 1,26,257 after availing the benefits of special deduction under ss. 80HHA, 80I and 80JJ of the Act, An intimation under Section 143(1) was issued. Deductions, claimed were disallowed and the total tax liability of Rs. 10,43,045 was determined. After adjustment, the total tax payable was Rs. 10,29,382: This included levy of interest under Section 234B of the Act. A representation was- made by the petitioner in the light of the judgment of this Court and in the light of the judgment of Andhra Pradesh High Court and based on those judgments, the assessing authority passed an order under Section 154 of the Act and tax was determi...
Smt. P. Vatsala Upadhya and ors. Vs. Srikanth Keshav Raikar
Court: Karnataka
Decided on: Dec-01-2003
Reported in: ILR2004KAR1637
ORDERA.V. Srinivasa Reddy, J.1. These two Revision Petitions under Section 46(1) of the Karnataka Rent Act, 1999 ('New Act1 for short) is by the two tenants in H.R.C. No. 673/1999 and 789/1999 pending on the file of the 2nd Additional Small Causes Judge, Bangalore, aggrieved by the order dated 28th January 2003 passed on LA. Nos. 9 and 11 filed under Section 2(3) (g) read with Section 70(2) (C) of the New Act.2. 'Heard the Learned Counsel for all the parties.3. The respondent is a common landlord in H.R.C. No. 673/1999 and 789/1999. Both the cases are pending on the file of the 2nd Additional Small Causes Judge, Bangalore. The Landlord had filed the above said two H.R.C. cases in the year 1999 when the Karnataka Rent Control Act, 1961 ('Old Act' for short) was in force.4. During the pendency of the H.R.C. Petitions, the Old Act was repealed under Section 70 of the New Act. Notwithstanding such repeal of the Old Act, in terms of the Clause (b) of Sub-section 70 all cases and proceedings...
Abdul Sammad Vs. Ileyas Ahmed Pasha and anr.
Court: Karnataka
Decided on: Dec-01-2003
Reported in: 2005ACJ333
A.M. Farooq, J.1. This is an appeal filed by the claimant in M.V.C. No. 1576 of 1998 on the file of the M.A.C.T. SCCHV at Bangalore seeking enhancement of the compensation awarded by the Tribunal.2. The brief facts of the case are that on 17.3.1998 at about 10 a.m. when appellant was crossing the road at Lingarajapuram in front of Amrut Tent a lorry bearing No. MEL 5405 came from south to north in a high speed and in a rash and negligent manner dashed against the appellant as a result of which the appellant fell down and sustained severe bodily injuries. He was shifted to a nursing home immediately where first aid was given and thereafter, was shifted to Lady Curzon and Bowring Hospital, Bangalore and that he was an inpatient there and it is in evidence that he was treated for more than six months for the injuries. The claimant has sought for a compensation of Rs. 4,00,000.3. The respondent insurance company contested the petition but admitted that the vehicle in question involved in t...
Balkrishna Breeding Farms (P) Ltd. Vs. Chief Cit
Court: Karnataka
Decided on: Dec-01-2003
Reported in: [2004]134TAXMAN314(Kar)
ORDERThe petitioner-Balkrishna, aggrieved by Annexure 'F' dated 20-2-2003 in file No. CC-1/ACIT(T)-1/119(2)(a)/1/34/02-03 is before me. The petitioner Private Limited Company is an assessee in terms of the provisions of the Income Tax Act (hereinafter referred to as 'the Act'). For the assessment year 1993-94, the petitioner filed its return claiming a net refund of Rs. 1,26,257 after availing the benefits of special deduction under sections 80HHA, 80-I and 80JJ of the Act. An intimation under section 143(1) was issued. Deductions claimed were disallowed and the total tax liability of Rs. 10,43,045 was determined. After judgment, the total tax payable was Rs. 10,29,382. This included levy of interest under section 234B of the Act. A representation was made by the petitioner in the light of the Judgment of this court and in the light of the Judgment of Andhra Pradesh High Court and based on those Judgments, the assessing authority passed an order under section 154 of the Act and tax was...
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