Karnataka Court August 2003 Judgments

Smt. Saraswathi Bai and ors. Vs. the Regional Director, E.S.i. Corpora ...

Court: Karnataka

Reported in: 2005ACJ839; ILR2003KAR3814; (2004)ILLJ623Kant

ORDER PASSED BY THE STATE INSURANCE COURT - Appeal is maintainable only if the case involves substantial question of law - On facts, Held - The Insurance Court ought to have examined thequestion - Whether the statutory Presumption available under Section 51-A had been rebutted by the respondents. ALLOWING THE APPEAL, SETTING ASIDE THE ...

Shakti Enterprises Vs. Commissioner of C. Ex.

Court: Karnataka

Reported in: 2004(92)ECC304; 2003LC133(Karnataka); 2003(157)ELT514(Kar); 2004(1)KarLJ263

ORDERR. Gururajan, J.1. Petitioner M/s. Shakti Enterprises is before me seeking a writ of certiorari to quash Annexure-N insofar as it relates to interest on refunds. Petitioner also wants a direction to the Respondents to pay to the petitioner interest at the rate of 9 per cent per annum on a sum of Rs. 3,77,992.80 from 27-4-1994 and Rs. 2,91,193.00 from 7-9-1994, and on a sum of Rs. 87,561.20 from 16-9-1994 up to the date of payment in terms of Section 11BB of the Central Excise Act, 1944. ('The Act' for short).2. Petitioner, a manufacturer and packer of instant coffee, exported the instant coffee packed in cans to various countries without payment of Central Excise duty. According to the petitioner, no excise duty is payable on such goods. Petitioner thereafter filed applications before the second respondent seeking refund of Modvat credit taken on goods used in the manufacture of instant coffee packed in cans. The first claim is for a sum of Rs. 23,941.80. The second claim is for R...

Mandya District Central Co-operative Bank Ltd. Vs. N. Srinivasaiah

Court: Karnataka

Reported in: (2004)IILLJ720Kant

Kumar Rajaratnam, J.1. The Mandya District Central Co-operative Bank Ltd., Mandya (hereinafter referred to as 'the Bank') has in this appeal challenged the order passed by the learned single Judge in Writ Petition No. 26045/1991 dated January 29, 1999.2. The learned single Judge directed one Sri N. Srinivasaiah, the petitioner in the Writ Petition (hereinafter referred to as the 'Workman') to be reinstated in the Bank and also directed the Bank to pay the back wages from March 31, 1986 till the date of reinstatement.3. The facts briefly are:The Workman raised an industrial dispute under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the I.D. Act') challenging his termination as Secretary with effect from December 24, 1974 in the Mandya District Co- operative Union Ltd. (hereinafter referred to as 'the Union'). The case of the workman was that he was appointed by the Union on August 22, 1969 as paid Secretary and posted to Thattakere and Sukadore Serv...

Saraswathi Bai and ors. Vs. Regional Director, E.S.i. Corporation and ...

Court: Karnataka

Reported in: IV(2005)ACC730

Tirath S. Thakur, J.1. This appeal under Section 82 of the Employees' State Insurance Act, 1948, arises out of an order made by the Employees' Insurance Court at Hubli dismissing an application filed by the appellants for the grant of benefits due to the dependants of the deceased employee.2. Ramachandra Ingalahalli was an employee of Mysore Kirloskar, Sattur Unit at Sattur in Dharwad District. He was duly covered by the provisions of the Employees' State Insurance Act and held an ESI card bearing No. 827749. On 16.11.1987, he met with a fiery end by falling into a heated furnace. The appellants who happen to be the widow, minor children and the mother of the deceased employee approached the respondent Corporation for grant of dependant's benefit alleging that the accident was an employment injury and had taken place on account of poor safety-measures at the work place of the deceased. The Corporation turned down the request for grant of benefits on the ground that the demise of the de...

Hasanaba @ Hassinar Vs. the State of Karnataka

Court: Karnataka

Reported in: 2003CriLJ4766; ILR2003KAR3734

ORDERRajendra Prasad, J.1. This Criminal Revision Petition by the accused filed under Section 397 read with 401 Cr.P.C. is directed against the judgment dated 23.1.2002 passed in Crl.A.No. 95/2000 on the file of the II Addl. Sessions Judge, Dakshina Kannada, Mangalore, wherein the learned Sessions Judge had dismissed the appeal preferred by the accused under Section 374 Cr.P.C., challenging the legality and validity of the judgment dated 24.3.2000 passed in C.C.No. 6033/1999 on the file of the J.M.F.C. Ill Court, Mangalore, wherein the learned Magistrate had recorded a finding of conviction of the accused-revision petitioner for the offences under Section 448 and 354 of I.P.C. and awarded the sentence as detailed in the judgment, challenging the legality and propriety of the judgments impugned.2. The Court has heard the arguments of both sides on merits.3. Sri Appa Rao, learned Counsel for the revision petitioner, strenuously contended that the material on record clearly shows that the...

Smt. Yashoda Bai Vs. Smt. Lakshmamma

Court: Karnataka

Reported in: ILR2003KAR3871

ORDERSrinivasa Reddy, J 1. In this revision by the tenant the challenge is to the order dated 20th June, 2000 passed by the learned Small Causes Judge, Bangalore In H.R.C. 721/97 by which the learned Judge allowed the petition filed by the respondent-landlord under Section 21 (l)(h) of the Karnataka Rent Control Act, 1961 ('the repealed Act' for short). 2. The landlord filed the petition against the petitioner-tenant stating that the petitioner is a tenant under her on a monthly rent of Rs. 175/- and that she requires the petition premises to accommodate her son Ramkumar who has attained marriageable age. The case of the petitioner is that the accommodation available to her is only a small room and the accommodation available in the petition premises is a hall, room, kitchen, bathroom and a pooja room and she requires this accommodation for accommodating his son who is to be married. The petitioner-tenant denied that the landlord is the owner of the premises and set up a case that she ...

Hasanaba Alias Hassinar Vs. State by Konaje Police Station and Public ...

Court: Karnataka

Reported in: 2003(5)KarLJ540

ORDERM.S. Rajendra Prasad, J.1. This criminal revision petition by the accused filed under Section 397 read with Section 401 of the Cr. P.C. is directed against the judgment dated 23-1-2002 passed in Cri. A. No. 95 of 2000 on the file of the II Additional Sessions Judge, Dakshina Kannada, Mangalore, wherein the learned Sessions Judge had dismissed the appeal preferred by the accused under Section 374 of the Cr. P.C. challenging the legality and validity of the judgment dated 24-3-2000 passed in C.C. No. 6033 of 1999 on the file of the Judicial Magistrate First Class, III Court, Mangalore, wherein the learned Magistrate had recorded a finding of conviction of the accused-revision petitioner for the offences under Sections 448 and 354 of the IPC and awarded the sentence as detailed in the judgment, challenging the legality and propriety of the judgments impugned.2. The Court has heard the arguments of both sides on merits.3. Sri Appa Rao, learned Counsel for the revision petitioner, stre...

B.K. Nagaraj Vs. Union of India (Uoi), by Its Secretary, Department of ...

Court: Karnataka

Reported in: AIR2004Kant90; ILR2003KAR4236

ORDERH. Rangavittalachar, J.1. This is an unfortunate case where a freedom fighter recognised as such by the State Government, has to repeatedly approach this Court for grant of Freedom Fighter's Pension in accordance with the Swatantra Sainik Sarnman Pension Scheme, 1980 (hereafter called as the Scheme) promulgated by the Government of India to honour freedom fighters.2. The Government of India promulgated a Scheme for granting pension to freedom fighters, i.e. those who suffered imprisonment for a minimum period of six months for the cause of the country during freedom movement. Under the Scheme, an applicant desirous of obtaining pension should apply in a prescribed form, in duplicate, one copy to be sent to the Chief Secretary of the concerned. State who would forward the same with his recommendations and, another to be addressed directly to the Deputy Secretary, Government of India annexing a certificate issued by the concerned jail authorities or a co-prisoner in proof of impriso...

Dr. Rohit Dandekar Vs. Dr. Raj Kavitha

Court: Karnataka

Reported in: ILR2003KAR4431

Nayak, J.1. Both the Appeals are preferred by Dr. Rohit Dandekar, who is the father of the ward, Paranukush by name, being aggrieved by the common Judgment and Order dated 6.2.2001 made on I.A.s 5 and 10 in M.C.No. 116 of 1999 on the file of the Court of the Principal Judge, Family Court, Bangalore, for short 'Family Court'. The marriage between Dr. Raj Kavitha, the respondent herein and Dr. Rohit Dandekar was annulled by the Family Court on the ground of cruelty of Judgment and Decree dated 27.10.2000 and the said decree was allowed to become final.2. It appears when the proceedings were pending on the file of the Family Court, I.A. No. 5 was filed by the Appellant herein under Section 26 of the Hindu Marriage Act, 1955 seeking custody of the ward. The Family Court, however, did not pass any order on the application either during pendency of the proceedings or at the time of passing the final decree. After the decree was passed on 27.10.2000, the Respondent - mother filed I.A. 10 unde...

Widia (India) Limited and ors. Vs. the State of Karnataka and ors.

Court: Karnataka

Shah, J.1. The levy of entry tax on goods by the State of Karnataka has chequered history and the State had to face various litigations on this score. The constitutional validity of Karnataka Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1979 (hereinafter referred to as 'the Act') and the notifications issued by the State Government in exercise of its powers conferred by Section 3 of the said Act were challenged before the High Court by filing writ petitions under Article 226 of the Constitution. The Act and the notifications issued thereunder were declared unconstitutional and mandamus was issued directing the State Government and its officers to forebear from enforcing the provisions of the Act. Against that judgment and order, the State Government preferred appeal before this Court. This Court in State of Karnataka and another vs . M/s. Hansa Corporation : [1981]1SCR823 set aside the order passed by the High Court striking down the Act.2. The Court...