Karnataka Court May 2003 Judgments
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Darga Hazarat Ataulla Shah Vs. Karnataka Wakf Tribunal and anr.
Court: Karnataka
Decided on: May-28-2003
Reported in: ILR2003KAR2452
ORDERShylendra Kumar, J. 1. The petitioner is a Wakf Institution registered under the provisions of Wakf Act, 1954, and is being administrated by its Administrator. It functions under the provisions of Wakf Act and supervision of Karnataka State Board of Wakf.2. The petitioner institution had initiated action against the second respondent who was a tenant in respect of a portion of the property owned by the petitioner for evicting that tenant under the petitioner for evicting that tenant under the provisions of Karnataka Public Premises (Evictions of un-authorized occupants) Act, 1974 (hereinafter referred to as Act). The competent officer after receipt of the complaint issue notice to the second respondent and held an enquiry which terminated in the eviction order dated 27.4.2001 (Copy at Annexure-A).3. In respect of such an order, the person aggrieved is entitled to prefer an appeal under Section 10(1) of the Act and the appeal lies to the District judge having jurisdiction over the ...
G.V. Aswathanarayana Vs. Central Bank of India, by Chairman and ors.
Court: Karnataka
Decided on: May-28-2003
Reported in: ILR2003KAR3066; 2004(1)KarLJ363; (2004)ILLJ36Kant
Nayak, J.1. A learned Single Judge of this Court has refused to interfere with the disciplinary action taken by the Management of the Central Bank of India against the appellant in imposing the penalty of 'reduction in pay by 5(five) stages in the present time scale with cumulative effect'. Hence the delinquent officer is before us by way of this Writ Appeal.2. The facts of the case in brief are the appellant while working as a Branch Manager at Jangamakote Branch, Central Bank of India was served with a charge memo dated 7th /9th August 1992 alleging that the appellant misused his official position by sanctioning loans totalling to Rs. 1,05,000/- to 21 persons contrary to the prescribed procedure, thereby committing gross misconduct within the meaning of Regulation 3(1) read with Regulation 24 of Central Bank of India Officer, Employee's Conduct Regulations 1976, (for short, ' the Conduct Regulation') attracting penalty specified under Regulation 4 of Conduct Regulations. The appellan...
Smt. Meenakshamma Vs. Munivenkatappa
Court: Karnataka
Decided on: May-27-2003
Reported in: AIR2003Kant450; ILR2003KAR2753; 2004(1)KarLJ267
ORDERSreedhar Rao, J.1. This revision unfolds interesting questions of law which are still the Grey areas of the amended provisions of the Code of Civil Procedure brought into operation by the CPC Amendment Act of 1999 and Amendment Act of 2002 which came into effect from 1.7.2002. Under the Amendment, clause (b) to the proviso to Section 115 is deleted, keeping intact the provisions of Section 115 as incorporated by the Amendment Act of 1976.2. For convenient reference the amended provisions of Section 115 are extracted hereunder-115. Revision-(1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears- (a) to have exercised a jurisdiction not vested in it by law, or(b) to have failed to exercise a jurisdiction so vested, or(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such orde...
Mysore Plantations Ltd. Vs. Commissioner of Income-tax and anr.
Court: Karnataka
Decided on: May-27-2003
Reported in: (2003)184CTR(Kar)64; [2003]262ITR397(KAR); [2003]262ITR397(Karn)
R. Gururajan, J. 1. The petitioner is before me seeking to quash the letter dated June 22, 2000, issued by the first respondent vide annexure E and also to quash the notices dated July 3, 2000, issued by R-2 vide annexures F to F 2 under Section 148 of the Act for the assessment years 1994-95, 1995-96 and 1996-97. 2. The petitioner is a public limited company incorporated under the Companies Act. The petitioner owns plantation where coffee is grown. The petitioner in respect of the year ending March 31, 1994, relevant to the assessment year 1994-95 had purchased cast iron moulds and leased the same in favour of certain customers. In the respect of the year ending March 31, 1995, he purchased carbondioxide gas cylinders of the value of Rs. 15,50,000. The same was purchased from DDK Industries, 612, GM Palya, behind BEML, Bangalore on September 11, 1994, which was supported by an invoice. The petitioner has referred to various details in this regard. The Central Government notified the V...
H.M.T. Limited Vs. Chaya Srivatsa
Court: Karnataka
Decided on: May-27-2003
Reported in: (2003)IIILLJ729Kant
S.R. Nayak, J. 1. The management of HMT Limited being aggrieved by the order of the learned single judge dated, November 11 and 12, 1998, in Writ Petition No. 26334 of 1994 has preferred this writ appeal under Section 4 of the Karnataka High Court Act, 1964. The dispute relates to the disciplinary action taken against the respondent herein. The events leading to the filing of the writ petition be noted in the first instance briefly and they are as follows: 2. The management of HMT Limited invited applications for the post of Deputy General Manager (PR) prescribing certain qualifications and eligibility conditions. The respondent submitted an application for the post enclosing her bio-data. The management by its letter dated June 18, 1990, informed the respondent that she had been selected for the post and sought her acceptance. The respondent accepted the offer and reported for duty. The respondent was placed on probation and her probation period was extended by three months and ultima...
Shamanur Kallappa and Sons and ors. Vs. State of Karnataka, by Its Sec ...
Court: Karnataka
Decided on: May-26-2003
Reported in: (2004)189CTR(Kar)132; ILR2003KAR2140
Dattu, J. 1. Petitioner is a registered dealer both under Karnataka and Central Sales Tax Act, 1957, carrying on, among other activities the business of sale of imported sugar in the State of Karnataka.2. Petitioner's main grievance in these petition, appears to be the insertion of the words 'produced and manufactured in India' immediately after the word 'Sugar' in the Entry 31-B of fifth schedule to the Act as it existed prior to April 1998 with a retrospective deeming date by the State Legislature by Karnataka Taxation Laws (Amendment) Act 2001 (Act No. 5 of 2001). 3. The Sale of goods specified in the fifth schedule are exempt from payment of tax under State Sales Tax Act, subject to conditions and exceptions, if any, set out therein. 4. Entry 31-B of the fifth schedule of Karnataka Sales Tax Act, 1975, herein after referred to as KST Act, which has been in force right from 1.4.1988 in different forms is as under:-'Sugar other than Sugar candy, confectionery and the like. (Act No. 3...
Esi Corporation, Sub-regional Office Vs. A.P.S. Star Industries Limite ...
Court: Karnataka
Decided on: May-26-2003
Reported in: 2003(4)KarLJ297; (2003)IIILLJ411Kant
S.B. Majage, J.1. These appeals, filed under Section 82(2) of the ESI Act (hereinafter referred as the 'Act') and directed against two separate orders dated 7-3-2001, passed in ESI application Nos. 17 and 19 of 2000 by the ESI Court at Hubli, are taken together for consideration, since the parties are common in both the appeals with same question of law for consideration.2. Facts, which gave rise to the present appeals, are:The respondent is, admittedly, a covered industry under the Act. On account of facing severe financial crisis, it, has closed its other units and it was also declared as Sick Unit by the BIFR on 31-7-1998 under the Sick Industrial Companies Act. Wages of its employees have not been paid from April 1998 onwards and the respondent did not pay any contribution required to be paid under the Act. So, an industrial dispute has been raised by the Employees Union of the respondent before the Assistant Labour Conciliation at Hubli for conciliation and thus, according to the ...
Karnataka Sugar Workers Federation (R), Rep. by Its President Vs. Stat ...
Court: Karnataka
Decided on: May-26-2003
Reported in: ILR2003KAR2531; 2003(4)KarLJ453; (2003)IIILLJ502Kant
ORDER1. A learned Single Judge of this Court has made this Reference vide Order dated 7.12.2000, passed in W.P.No. 36625/2000 to a larger Bench, for reconsideration of the law as enunciated in the Division Bench judgment reported in W.P.No. 14792 - 804/1998 c/w 14095/1998 dated 9.3.2000 ( Veerashaiva Co-op. Bank Ltd. v. Presiding Officer, Labour Court and others) on the ground that amendment brought to Section 70 of the Co-operative Societies Act ousts the jurisdiction of Labour Court by conferring the jurisdiction on the Registrar of the Co-operative Societies. This Reference was placed before us on 9.4.2003 as per the order of the Hon'ble Chief Justice dated 1.4.2003.2. Brief facts leading to the Order of Reference, as alleged, are:The Karnataka Sugar Workers Federation (R) represented by its President has filed W.P.No. 36625/2000 challenging the validity of amendments made to the Co-operative Societies Act by the Karnataka Co-operative 2nd Amendment Act, 1997 as published in the Kar...
Balappa Naikappa Naik (Since Deceased by L.Rs.) Vs. Neelappa Khemappa ...
Court: Karnataka
Decided on: May-26-2003
Reported in: AIR2003Kant320; ILR2003KAR5043; 2004(1)KarLJ618
A.V. Srinivasa Reddy, J.1. This appeal arises from an order dated 14-1-2001 passed by the Court below in R.A. No. 14/96 setting aside the judgment and decree of the trial Court passed in O.S. No. 423/90 and remanding the matter for fresh trial and disposal in accordance with law.2. The facts leading to this appeal, briefly stated, are as follows :The suit property is a piece of agricultural land bearing Sy. N. 82 and measuring 1 acre 2 guntas. The plaintiff filed the suit for specific performance of the contract of sale entered into between himself and late Tayawwa. The plaintiffs case was that the original defendant-Tayawwa was given the suit property by her mother Laxmawwa and, therefore, under Section 14 of the Hindu Succession Act she had become the absolute owner of the suit property and in that capacity she had entered into an agreement of sale with him. As she refused to execute the sale deed despite the plaintiff expressing his readiness and willingness to perform his part of t...
Esi Corporation Vs. Belgaum Milk Union
Court: Karnataka
Decided on: May-26-2003
Reported in: 2003(4)KarLJ445; (2003)IIILLJ1042Kant
S.B. Majage, J.1. In this appeal, the appellant-Corporation has challenged the order dated 24-2-2001 passed by Employees' Insurance Court at Hubli in ESI Application No. 26 of 2000, by which Form No. 'C-18', dated 20-6-2000 and Form No. 'C-19', dated 19-7-2000 have been set aside holding that the respondent-Society, is not liable to pay contribution demanded on the wages paid to the employees for work done on holidays.2. Facts giving rise to this appeal are:The employees working under the respondent had worked on holidays during the period from July 1997 to January 2000 and for that, they were paid wages, but respondent had not computed those wages while calculating the contribution paid by it under the Act. When that was noticed by an Inspector of the Corporation, notice was issued. For that, reply was given by respondent. However, after giving personal hearing, Forms 'C-18' and 'C-19' came to be issued by the Corporation claiming contribution on said wages. So, the respondent filed a...
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