Karnataka Court January 2004 Judgments
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Yenepoya Minerals and Granites Limited and anr. Vs. Maharashtra Apex C ...
Court: Karnataka
Decided on: Jan-05-2004
Reported in: 2004(2)ARBLR18(Kar); ILR2004KAR1008; 2004(2)KarLJ198
1. This appeal arises out of an order passed by the Principal District Judge, Dakshina Kannada, in an application under Section 9 of the Arbitration and Conciliation Act, 1996 whereby the appellant herein has been directed to offer cash security of Rs. 25 lakhs failing which the property mentioned in the schedule to the application would stand attached.2. The appellant-company it appears had entered into a hire purchase agreement in respect of two 380 KVA Diesel Generating Sets. The total hire amount of Rs. 27,35,001/- was repayable in 35 monthly installments of Rs. 75,972/- each commencing from 1-3-1995. The respondent's case appears to be that while the appellant had made some payments, the remaining payments due under the agreement were not made thereby giving rise to a dispute regarding the recovery of the balance amount. Since the hire purchase agreement contained an arbitration clause, the dispute appears to have been referred for adjudication to one Sri A.S.N. Hebbar. It was dur...
Seva Sahakari Bank Ltd. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-05-2004
Reported in: ILR2004KAR698; 2004(5)KarLJ141
ORDERK. Bhakthavatsala, J.1. The petitioner has prayed for quashing the order dated 22.2.2001 passed in No. CMW 61 CNS 2001 (Annexure-C) on the file of Respondent No. 1.2. The Respondent Nos. 1 and 2 are represented by the High Court Government Pleader, Sri Keshav Reddy. Inspite of service of notice on Respondent Nos. 3 to 5, they are un-represented.3. The brief facts of the case of the Petitioner-Society may be stated as under:-The 1st Respondent, on three to four occasions, contributed share capital to the Petitioner-Society in all amounting to Rs. 1,00,000/-. Since the Petitioner-Society is an assisted Co-operative Bank, the 1st Respondent nominated 3 representatives on the committee of the Petitioner-Society. On 31.3.1999, the Petitioner-Society returned the entire share capital of Rs. 1,00,000/- by crediting the same under the head of account No. 3005 with the Government Treasury. Thereafter, the Petitioner intimated the same to the 1st Respondent. Therefore, it is contended that ...
R. Umaprasad Vs. Deputy Commissioner for Detection of Under Valuation ...
Court: Karnataka
Decided on: Jan-05-2004
Reported in: AIR2004Kant287; 2004(2)KarLJ216
ORDERH. Rangavittalachar, J.1. The writ petitioner purchased a vacant site bearing No. 86 situate at III Block, Rajmahal Vilas, II Stage, Bangalore, under a sale deed dated 21-8-1996 and presented the document for registration on 29-8-1996 before the Sub-Registrar, Bangalore, who suspecting that the property was undervalued in order to avoid payment of proper stamp duty, referred the matter to the District Registrar for proper assessment of the market value of the property and for payment of proper stamp duty. The District Registrar valued the property at the rate of Rs. 893/- per sq. ft. On that basis, called upon the petitioner to pay a 'deficit stamp duty of Rs. 96,875/-'.2. Aggrieved by the order of the District Registrar, the petitioner preferred an appeal before the Divisional Commissioner. The Divisional Commissioner has dismissed the appeal.3. These two orders are under challenge.4. The main contention of the writ petitioner before this Court is that both the District Registrar...
Byrappa Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jan-05-2004
Reported in: ILR2004KAR1950; 2004(2)KarLJ515
ORDERN. Kumar, J.1. As these two writ petitions are preferred challenging the very same award and the notification under Sections 4(1) and 6(1) of the Land Acquisition Act, they are taken up for consideration together, heard and disposed of by this common order.2. The petitioner in W.P. No. 12348 of 2000 is one Sri Byrappa, S/o. Late Doddakempaiah. Whereas, the petitioner in W.P. No. 36585 of 2001, Smt. Kempamma is the wife of Muniyappa and daughter of Late Doddakempaiah. In other words, the petitioners are brother and sister.3. Land bearing Sy. No. 218/1 measuring 2 acres 17 guntas was notified for acquisition by the first respondent under Section 4(1) of the Land Acquisition Act on 9-5-1988. The said lands were notified in the name of Munipujamma, the original owner of the said property. Doddakempaiah along with his daughter Smt. Kempamma purchased the aforesaid lands under a registered sale deed dated 14-5-1970. As the mutation entries had not been effected in their names, a notific...
State by Tarikere Police Vs. Manikya
Court: Karnataka
Decided on: Jan-05-2004
Reported in: 2004CriLJ1966; 2004(3)KarLJ161
M.F. Saldanha, J.1. Though the incident in this case is not one of grave seriousness, an interesting submission was advanced by the learned Counsel who represented the accused, which requires to be dealt with as it has strong repercussions in virtually thousands of similar cases. The prosecution allegation is that the incident took place in a Bar on 7-11-1999 at about 7.30 p.m. The complainant is a driver and it is his case that when he returned from duty P.Ws. Manju and Manjunatha took him to the Chamundeshwari brandy shop where they initially had some run and then, the other P.Ws. changed over to whisky. The accused turned up there and started a quarrel in the course of which he is alleged to have assaulted Manjunatha with his chappal and he is alleged to have assaulted the complainant-Shanmuga with a stone resulting in the loss of one tooth. The case was reported to the police who arrested the accused, completed their investigation and charge-sheeted the accused for offences punisha...
Ehg Elektroholding Gmbh and ors. Vs. Ngef Limited and ors.
Court: Karnataka
Decided on: Jan-05-2004
Reported in: I(2005)BC407; (2004)4CompLJ556(Karn); ILR2004KAR1155
N.K. Jain, C.J.1. These three original side appeals arise out of the order passed by the learned Company Judge on 8.10.2003 in Company Application No. 771/2003 in Company Petition No. 154/2002.2. The relevant facts as stated are:New Government Electric Factory Limited ('NGEF' for short), a Government Company, called for tenders. The tenders were called for under advertisement dated 15.9.2001, proposing to sell its surplus assets which included various pieces of land, in two parts. The dispute pertains to 5th item of Part-II, viz., 40 acres and 18 guntas of freehold land, off Madras Road, near Byappanahalli, Railway Marshalling Yard, Bangalore (6 Km from M.G. Road, Bangalore). In pursuance of the Global tenders called for, number of applicants submitted the tender in respect of 40.45 acres of land and M/s. Chandra Developers Pvt. Ltd. submitted its tender offering Rs. 125 per sq.ft. After negotiation and deemed completion of the tender formalities, the said applicant agreed to pay the p...
Southern Gas Ltd. Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-05-2004
Reported in: [2004]137STC68(Kar)
ORDERR.V. Raveendran, J.1. The petitioner is an assessee under the Karnataka Sales Tax Act, 1957 (for short, 'the Act'). For the assessment period 1999-2000, the petitioner declared the gross and taxable turnover at Rs. 3,38,49,121 and Rs. 1,84,03,986 respectively. The taxable turnover included first sale of nitrous oxide to hospitals and nursing homes for anaesthetic purposes to an extent of Rs. 14,48,084.25. The petitioner had classified the sale of nitrous oxide as a 'chemical' falling under entry No. 10-A in Part C of the Second Schedule, which related to 'chemicals of all kinds including copper sulphate, caustic soda, dyes and sulphur'. The rate of tax for substances falling under entry 10-A was four per cent from April 1, 1996 to December 31, 1999 and eight per cent from January 1, 2000 to March 31, 2000.2. The assessing authority by order dated July 30, 2001, rejected the classification of nitrous oxide as a 'chemical' falling under entry No. 10-A in Part C of the Second Schedul...
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