Karnataka Court June 2003 Judgments
The Special Land Acquisition Officer, Upper Krishna Project Vs. Pavade ...
Court: Karnataka
Decided on: Jun-05-2003
Reported in: 2003(5)KarLJ202
S.R. Nayak, J. 1. The Special Land Acquisition Officer, Upper Krishna Project, Lingasugur, being aggrieved by the judgment and award dated 20-4-2002 in Land Acquisition Case No. 154 of 1999 on the file of the Additional Civil Judge (Senior Division) at Raichur, has preferred this appeal, contending that the determination of compensation at the rate of Rs. 74,000-00 per acre by the Reference Court is highly excessive.2. We have heard learned Government Advocate for the appellant and perused the judgment of the Reference Court.3. The Reference Court has awarded compensation at the rate of Rs. 74,000-00 per acre by adopting capitalisation method. The Reference Court placing reliance on yield stated by the Agricultural University, Dharwad, in a book published by it, in the absence of any yield certificate issued by the Agricultural Department and taking into account the average yield for determining the compensation, has held that the net income per acre after deducting 50% of gross income...
Tag this Judgment!Naranja Peraj Transports and Commission Agents Vs. State of Karnataka ...
Court: Karnataka
Decided on: Jun-05-2003
Reported in: (2008)11VST20(Karn)
ORDERR. Gururajan, J.1. This petition is filed seeking for the following prayers:(i) issue a writ of mandamus or any other writ or direction, directing the fourth respondent to release the ten bags of supari unloaded by him on September 12, 1995 as per the penalty order bearing No. B-40079 vide annexure A; or in the alternative(ii) issue a writ of mandamus or any other writ or direction directing the fifth respondent to pay the present market value of the ten bags of the supari along with interest;(iii) grant such other reliefs this honourable court deems fit in the circumstances of this case including an order as to costs, in the interest of justice and equity.2. Petitioner is registered transport contractor and commission agent and it undertakes transportation of goods from Mangalore to various destination in India. M/s. Gulmarg Agencies, Attavar, Mangalore, on September 7, 1995 booked 138 bags of areca nuts for transporting the same to Junagadh in the State of Gujarat. The consignor...
Tag this Judgment!B. Geetamma Vs. Smt. Gulfom and ors.
Court: Karnataka
Decided on: Jun-04-2003
Reported in: 2003(4)KarLJ401
ORDERA.V. Srinivasa Reddy, J. 1. The petitioner who is elected as the Taluk Panchayat member from the Shimoga Taluk Panchayat has filed W.P. No. 46715 of 2001 for quashing the order Annexure-A, dated 14-8-2001 passed by the learned Principal Civil Judge (Senior Division), Shimoga in Election Miscellaneous No. 36 of 2000 and Annexure-B, dated 1-12-2001 passed by the learned Additional District Judge, Shimoga in Election Miscellaneous Appeal No. 24 of 2001. In W.P. No. 31959 of 2000 the challenge is to quash the order Annexure-F, dated 22-9-2000 passed by the Assistant Commissioner, Shimoga in No. MAG.CR.40/2000-2001 dismissing the appeal filed by the petitioner against the order passed by the Tahsildar, Shimoga Taluk withdrawing the caste certificate issued to her. 2. The petitioner contested the elections held to the Shimoga Taluk Panchayat in May/June 2000, which was reserved for BCA (woman), claiming that she belongs to Kumbara caste. She was elected as member having secured the high...
Tag this Judgment!Spences Hotels (P) Ltd. Vs. Deputy Commissioner of Income Tax
Court: Karnataka
Decided on: Jun-04-2003
Reported in: (2003)183CTR(Kar)508
ORDERR. Gururajan, J. 1. The petitioner Spences Hotels (P) Ltd., has filed this petition on the following facts : The petitioner, a limited company is assessed with tax by the respondent in terms of the Indian Income-tax Act (for short 'the Act') The petitioner was assessed for the asst. yr. 1976-77 under Section 143(3) of the Act vide order dt. 3rd May, 1979. In March 1975, the petitioner entered into an agreement with the Indian Hotels Company Limited under which it along with other shareholders in M/s Fonseca (P) Ltd. agreed to transfer the shares. The issue relates to the liability to tax in respect of the consideration payable under this agreement. Payments were made in instalments over a period of time. The implementation of the agreement was the subject-matter of a dispute and it was finally resolved through arbitration. Arbitration which was concluded in the previous year relevant for the asst. yr. 1980-81. The amount payable to the petitioner in terms of the award was sought ...
Tag this Judgment!Spences Hotels (P) Ltd. Vs. Dy. Cit
Court: Karnataka
Decided on: Jun-04-2003
Reported in: [2003]130TAXMAN741(Kar)
ORDERThe petitioner Spences Hotels (P) Ltd., has filed this petition on the following facts :The petitioner, a limited Company is assessed with tax by the respondent in terms of the Indian Income Tax Act (hereinafter referred to as 'the Act') The petitioner was assessed for the assessment year 1976-77 under section 143(3) of the Act vide order dated 3-5-1979. In March 1975, the petitioner entered into an agreement with the Indian Hotels Company Limited under which it along with other Shareholders in M/s. Fonseca Private Limited agreed to transfer the shares. The issue relates to the liability to tax in respect of the consideration payable under this agreement. Payments were made in instalments over a period of time. The implementation of the agreement was the subject matter of a dispute and it was finally resolved through arbitration.Arbitration which was concluded in the previous year relevant for the assessment year 1980-81. The amount payable to the petitioner in terms of the award ...
Tag this Judgment!Srikantadatta Narasimha Raja Wodeyar and ors. Vs. State of Karnataka b ...
Court: Karnataka
Decided on: Jun-03-2003
Reported in: ILR2003KAR2711; 2004(3)KarLJ136
ORDERGopala Gowda, J.1. The immovable property popularly known as 'JANANA MANTAPA' situated in Chamarajanagar in Mysore belongs to the erstwhile royal family of Mysore Maharaja. It measures 35'x29'. The Government of Karnataka issued Notification at Annexure-E and F dated 10.8.2000 in W.P.No 34400/2001 under Section 4(1) of the Karnataka Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1961 (Karnataka Act No 7 of 1962)(herein after in short called as 'Act') for declaring it as a Protected Monument. Thereafter, by notification at Annexure-G dated 11.6.2001 it was declared as such Aggrieved by the same, Sri Srikantadatta Narasirnharaja Wodeyar of the erstwhile royal family of Mysore has filed W.P. No. 34400/2001 seeking to quash the said notifications and to restrain the respondents No. 1 to 3 from dealing with the said property.2. In W.P.Nos 25928-30/2001 the petitioners are the owners of godowns adjoining Janana Mantapa. They have filed these Writ Petitions se...
Tag this Judgment!Veerashaiva Vidyavardhaka Sangha Vs. the District Registrar and ors.
Court: Karnataka
Decided on: Jun-03-2003
Reported in: 2003(4)KarLJ409
ORDERR. Gururajan, J. 1. Petitioner is challenging the order of the District Registrar, dated 29-6-2000. Petitioner is a Society registered under the Karnataka Societies Registration Act. It has number of educational institutions in Bellary. It has its own bye-laws and it is amended from time to time. A Special General Body Meeting was held on 12-3-2000 for considering the amendments. The amendments were approved by the Society, Since then the Society is functioning in accordance with the amended bye-laws. Respondent 4 approached the Revenue Minister by way of representations, Annexure-C and D, seeking cancellation of the amended bye-laws. Respondent 3-Revenue Minister has made a note on Annexure-D stating that the amended bye-laws may be cancelled by the Registrar. Annexure-E has been issued by the second respondent with certain conditions. Annexure-F is an endorsement issued by the Registrar. Petitioner is therefore before me.2. An impleading application is filed by a member of the S...
Tag this Judgment!Mangalore Ganesh Beedi and Allied Beedi Factories Workers Association ...
Court: Karnataka
Decided on: Jun-03-2003
Reported in: 2003(5)KarLJ26; (2003)IIILLJ861Kant
1. A learned Single Judge of this Court by a common order impugned in these writ appeals has allowed writ petitions filed by management of Beedi Manufacturing Industries and quashed notification dated 24-10-1996 issued by the Government of Karnataka under Sections 3 and 5 of the Minimum Wages Act, 1948 (for short, 'the Act') revising the rates of minimum wage in the Beedi Manufacturing Industries. Being aggrieved by the said judgment of the learned Single Judge, the State of Karnataka and the concerned Trade Unions representing the workforce in the Beedi Manufacturing Industries have filed these writ appeals.2. Beedi industries is spread throughout the State of Karnataka and the employees in the said industry number more than 8 lakhs. Employment in Beedi Manufacturing Industries is a scheduled employment as per the provisions of the Act. Under Section 3 of the Act, the appropriate Government is empowered to fix and revise minimum wages in the scheduled employment. This is an obligation...
Tag this Judgment!H.A. Krishna Naik Vs. State of Karnataka, by Its Secretary, Department ...
Court: Karnataka
Decided on: Jun-02-2003
Reported in: AIR2004Kant125; ILR2003KAR2775; 2003(6)KarLJ183
ORDERShylendra Kumar, J. 1. Even though this matter is listed for orders, with the consent of the learned Counsel for the parties, I have taken up the matter for final disposal. 2. The petitioner has challenged the validity of notice dated 25.11.2002 issued by the 2nd respondent - Assistant Executive Engineer, PWD Sub Division, Moodigere, Chickmagalur District, whereby the 2nd respondent had called upon the petitioner to vacate the premises pertaining to Building Assessment No. 43/22 of Keremandala Panchayath, Keregrama Village. The petitioner claims to be a tenant residing and carrying on his hotel business having taken on lease the premises from one Sri Manjunath who is said to be the owner of the premises. 3. It is the case of the petitioner, that the said Manjunatha had been given permission to construct residential as well as commercial premises by the Panchayat and accordingly had constructed the same and after the said construction was over, with permission from the Panchayath, ...
Tag this Judgment!Jahansaheb MuslhuddIn Dundge Vs. SadroddIn Imamsaheb Pinnitod and ors.
Court: Karnataka
Decided on: Jun-02-2003
Reported in: AIR2003Kant496; 2003(6)KarLJ55
K. Sreedhar Rao, J.1. This appeal filed against the judgment and decree passed in R.A. No. 46 of 1997 on the file of Civil Judge, Senior Division, Gokak, arising out of the judgment and decree passed in O.S. No. 134 of 1979 on the file of Additional Civil Judge, Junior Division, Raibag.2. The appellants are plaintiffs, filed a suit for redemption of the mortgage of the suit schedule property. The facts disclosed that a registered mortgage deed was executed on 10-6-1940 by the defendant 8-Masaluddin Jahansaheb Pinnitod in favour of the father of the defendants 1 to 6. Under the terms of mortgage it was agreed that the mortgagor shall not redeem for a period of five years from the date of mortgage and thereafter, the mortgage amount if tendered, the delivery of possession of the mortgaged property, shall take place and only after Chaitrapadya day obviously to enable the mortgagees to harvest the crop and to deliver possession, the suit was filed in the year 1978 for redemption of the mor...
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