Karnataka Court March 2003 Judgments
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Syndicate Bank Vs. R.G. Bhide
Court: Karnataka
Decided on: Mar-10-2003
Reported in: (2003)IILLJ556Kant
S.R. Nayak, J. 1. The management of Syndicate Bank, feeling aggrieved by the order of the learned single judge dated July 28, 1998, in Writ Petition No. 14806 of 1992 has preferred this writ appeal. By the order impugned in this writ appeal, the learned single judge has allowed the writ petition filed by the respondent herein and directed the management of the bank to pay 50 per cent. back wages to the respondent from date of his removal from service up to the date of his retirement with all other consequential benefits proportionately within three months from the date of receipt of a copy of the order. 2. The background facts leading to the filing of the writ petition are as follows: The appellant is a nationalised bank having its Head Office at Manipal, Dakshina Kannada District. The respondent was serving as a Divisional Manager, Accounts Department, head office, Manipal. The respondent was a scale-IV officer employee. A charge-sheet was issued to the respondent on May 19, 1989 in r...
Naveen Aronha and anr. Vs. Smt. Gangu and ors.
Court: Karnataka
Decided on: Mar-07-2003
Reported in: II(2003)ACC553; 2005ACJ415; 2003(3)KarLJ229
S.R. Nayak, J.1. The employer and the insurer being aggrieved by the order of the Workmen's Compensation Commissioner (for short 'the Commissioner'), Chickmagalur, dated 20-7-2002 made in Case No. KA PA KA F-22/1997, have preferred this miscellaneous first appeal under Section 30(i) of the Workmen's Compensation Act, 1923 (for short, 'the Act').2. The Commissioner by the order under appeal has held that the husband of the first respondent and father of respondents 2 and 3 died in the course of employment and on that basis, has determined and awarded the compensation in a sum of Rs. 1,10,136.00 with 12% simple interest. 3. The first respondent on her behalf and on behalf of her two children, submitted a petition to the Commissioner alleging that she and her late husband by name Tukra were agricultural labourers and they were working in the estate of the 1st appellant, who is a coffee planter owning coffee estate. On 28-4-1997, Tukra while cutting the grass on the bank of a tank situate ...
Nestle India Limited Vs. Asstt. Commissioner of C. Ex.
Court: Karnataka
Decided on: Mar-07-2003
Reported in: 2003(154)ELT567(Kar); ILR2004KAR1641
ORDERR. Gururajan, J.1. Petitioner Nestle India Limited is seeking for a direction directing the respondent to refund a sum of Rs. 77,10,277.00 made over by the petitioner as pre-deposit before the Tribunal.2. Petitioner manufactures instant coffee powder falling under Chapter 21 of the Schedule to the Central Excise Tariff Act 1985. Petitioner had been filing price lists availing certain deductions from the sale price at depot for the purpose of determination of assessable value. Provisional assessments for the period 1991-1994 were finalised by the respondent by his order dated 29-3-1996/10-5-1996. Respondent allowed deductions claimed in the said order. Respondent also ordered that the jurisdictional Superintendent should finalise the assessment from January 1995 onwards in accordance with the said order. Total amount demanded worked out to Rs. 7,87,26,491. 00. Aggrieved by the same, petitioner filed an appeal before the Commissioner of Customs and Central Excise (Appeals) challengi...
Nestle India Limited Vs. Assistant Commissioner of Central Excise, Mys ...
Court: Karnataka
Decided on: Mar-07-2003
Reported in: 2003(89)ECC432; 2003(3)KarLJ419
ORDERR. Gururajan, J.1. Petitioner, Nestle India Limited is seeking for a direction directing the respondent to refund a sum of Rs. 77,10,277.00 made over by the petitioner as pre-deposit before the Tribunal.2. Petitioner manufactures instant coffee powder falling under Chapter 21 of the Schedule to the Central Excise Tariff Act, 1985. Petitioner had been filing price lists availing certain deductions from the sale price at depot for the purpose of determination of assessable value. Provisional assessments for the period 1991-94 were finalised by the respondent by his order dated 29-3-1996/10-5-1996. Respondent allowed deductions claimed in the said order. Respondent also ordered that the jurisdictional Superintendent should finalise the assessment from January 1995 onwards in accordance with the said order. Total amount demanded worked out to Rs. 7,87,26,491.00. Aggrieved by the same, petitioner filed an appeal before the Commissioner of Customs and Central Excise (Appeals) challengin...
Deepak Kumar Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-07-2003
Reported in: 2003(4)KarLJ277
K. Sreedhar Rao, J.1. The appeal arise out of the judgment of conviction and sentence passed in S.C. No. 127 of 1992 on the file of Sessions Judge, Mangalore. The appellant is accused 1, along with another charge-sheeted for committing offences punishable under Sections 450, 394 and 397 of the IPC read with Section 34 of the IPC.2. It is unfortunate to note that in the charge framed, without invoking the provisions of Section 34 of the IPC joint trial is held, however in the final report, the provisions of Section 34 of the IPC is invoked. The case of the prosecution discloses that appellant is accused 1. In the house belonging to complainant examined as P.W. 2, there was a garage which was used by P.W. 5 for parking his car and was also training few boys in refrigerator mechanism. Accused 1 was one such trainee under P.W. 5 visiting the house of P.W. 2. On 3-124991 around 4.15 p.m. P.W. 2 was in her house. The accused 1 along with accused 2 came to the house of P.W. 2; rang the callin...
Hanumantharayappa and anr. Vs. the State of Karnataka by Its Secretary ...
Court: Karnataka
Decided on: Mar-06-2003
Reported in: ILR2003KAR1513
ORDERGopala Gowda, J.1. The 2nd respondent herein filed form 7 before the Land Tribunal seeking grant of occupancy rights in respect of 1-08 acres of the land in Sy.No. 276/1 out of 3 acre 23 guntas of Shetti hally village in Tumkur Taluk. The Land Tribunal by its order dated 10.4.1987 rejected the application holding that since the 2nd respondent executed sale deed in favour of one Smt. Hiriyamma, the mother of the first petitioner, the application is untenable. The 2nd respondent challenged the said order in appeal before the Land Reforms Appellate Authority. Before the appellate Authority the parties adduced evidence and produced documents. Upon appreciation of the same, the appellate Authority by its order dated 10.4.1989 allowed the appeal, set aside the order of the a Land Tribunal and allowed the application of the tenant. Being aggrieved by the same, the petitioner's have filed this revision petition.2. I have perused the orders of the Land Tribunal and the Appellate Authority....
B. Krishna Bhat Vs. State of Karnataka
Court: Karnataka
Decided on: Mar-06-2003
Reported in: 2003(3)KarLJ329
ORDERN.K. Jain, C.J.1. The petitioner B. Krishna Bhat claiming to be senior citizen and an agriculturist by profession and a tax-payer alleges that he has filed several writ petitions involving issues of public importance. It is stated that by reading an article, Annexure-C appeared in Deccan Herald in its issue dated 29-12-2002 under the caption 'Krishna Clears Legislators Asian Jaunt' and as the Chief Minister has cleared about 290 Legislators to go abroad on Government exchequer, has filed this Public Interest Litigation petition on 30-1-2003. 2. This Court on 6-2-2003 directed the learned Government Advocate to take notice and to file returns by 14-2-2003 and the matter to be listed on 17-2-2003. The learned Government Advocate could not satisfy the Court that the so-called visit abroad is for the betterment of the administration and in the welfare of the State nor any reply was filed. On the submission of the learned Counsel for the petitioner that despite notice 29 Legislators ha...
M. Bhoomi Reddy Vs. the Special Deputy Commissioner and ors.
Court: Karnataka
Decided on: Mar-06-2003
Reported in: ILR2003KAR2087; 2003(4)KarLJ193
Nayak, J. 1. This Writ Appeal has arisen out of proceedings taken under the provision of Karnataka Schedule Caste and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the 'Act' for short). The Appellant is a purchaser of 2 acres 8 guntas of land comprised is Sy. No. 40 situated at Munnekolala Village, Varthur Hobli, Bangalore South Taluk which land hereinafter referred to as the ('Schedule land' for short). There is no controversy between the parties that the schedule land was granted in favour of one Sri Thoti Erappa vide Government Order No. 10/40-41 dated 25.10.1940. There is also no controversy between the parties that thoti Erappa belonged to Schedule Caste. There is no controversy between the parties that the 3rd respondent herein, namely, Sri M. Nanjappa is the son of late Thoti Erappa.2. After the Act came into force, the 3rd respondent herein filed an application on 27.7.1989 under Section 4(1) of the Act before the Assistant Com...
Mahadevappa Vs. Sadashivappa and ors.
Court: Karnataka
Decided on: Mar-06-2003
Reported in: 2003(4)KarLJ25
1. We have heard the learned Counsels representing the contesting parties as also the learned Government Pleader for respondents 2 and 3 on merits.2. The interesting issue that has been rather vehemently debated in this appeal centres around the aspect as to what is the duty of a judicial forum in the face of a delay condonation application. In this case, we refrain from saying a single word about the merits of the case as we would be required to remand the present proceeding to KAT and consequently, the appeal would still have to be heard on merits, and secondly, we are informed that a writ petition is pending wherein the vesting of land in the State has been challenged and in the light of this position, any observations by the Division Bench would have a far-reaching consequence to one or the other of the parties.3. The appellant is an ex-serviceman and he states that, according to him, the lands in dispute were being cultivated by his family and that, consequently, under normal circ...
Ashok Shamanna Vs. Nayeem Khan
Court: Karnataka
Decided on: Mar-06-2003
Reported in: AIR2003Kant390
ORDERD.V. Shylendra Kumar, J.1.This House Rent Revision Petition under Section 46(1) of the Karnataka Rent Act, 1999 is directed against the order dated 8-11-2002 passed on I.A. 13 in pending Execution Case No. 10110/95 on the file of the Court of the Small Causes Judge, Mayo-Hall, Bangalore.2. I. A. 13 had been filed under the provisions of Order 21, Rule 29 read with Section 151 of the Code of Civil Procedure by the second legal representative of the deceased-judgment-debtor by name Smt. Radhamma. The application was one for staying all further proceedings in the execution case during the pendency of O.S. No. 9027/01 on the file of the City Civil Court, Bangalore City, which suit had been instituted by the second legal representative of deceased Radhamma namely Sri Ashok Shamanna s/o Radhamma Shamanna as against the decree-holder praying for a declaration that the eviction order passed in H. R. C. 10232/86 which was sought to be executed in Execution Case before the Executing Court i...
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