Karnataka Court November 2004 Judgments
Pali Chemical Industries Vs. the Additional Commissioner of Commercial ...
Court: Karnataka
Decided on: Nov-05-2004
Reported in: ILR2005KAR514; (2008)11VST926(Karn)
H.L. Dattu, J.1. The appellant is a dealer in Chemical Fertilizers and Chemical Fertilizer Mixtures. It is registered both under the provisions of Karnataka Sales Tax Act, 1957 (KST 'Act' for short) as well as the Central Sales Tax Act, 1956 (CST 'Act' for short). For the assessment years 1993-94, 1994-95, 1995-96, 1996-97 and 1997-98 the assessing authority had concluded re-assessment proceedings under Section 12-A of the Act vide his order dated 24.2.2000 and had levied turnover tax under Section 6-B of the Act on the sales turnover of Chemical Fertilizer Mixtures obtained out of KST-suffered Chemical Fertilizers being of the view that what is exempted under the notification dated 29.6.1981 and subsequent notifications is only Chemical Fertilizers from the levy of turnover tax and not Chemical fertilizer Mixtures.2. These re-assessment proceedings were subject matters of appeals before the first appellate authority. By a common order dated 29.6.2000, the first appellate authority has...
Tag this Judgment!Appasaheb Vaman Shinge Vs. the Deputy Commissioner and anr.
Court: Karnataka
Decided on: Nov-04-2004
Reported in: II(2005)ACC506; AIR2005Kant75; ILR2004KAR5124; 2005(1)KarLJ285
ORDERMohan Shantanagoudar, J.1. The petitioner has sought for writ of certiorari to quash the endorsement dated, 10.09.2003 issued by 2nd respondent in case No. RTO/BGM/KA-22/9550/03-04 and the order in Registration Appeal No. DCT/No.01/03-04 passed by the Respondents-1 vide Annexures A & B respectively.2. The records disclose that the petitioner's prayer for permission to reduce the seating capacity from 6+1 to 5+1 is rejected by the Regional Transport Officer, Belgaum (Respondent No.2) vide Annexure -A and the same is confirmed by the Deputy Commissioner for Transport (Respondent No. l) vide Annexure-B.3. Though the petitioner had sought for reduction of 'seating capacity' in his application before original authority, learned Counsel appearing for the petitioner submits before this Court that the petitioner wants to reduce the seats from 6+1 to 5+1 in his three wheeler Mini Door Autorickshaw bearing Registration No. KA.22/9550 for the convenience of the passengers and for the said pu...
Tag this Judgment!State of Karnataka Vs. Smt. Akkamahadevi
Court: Karnataka
Decided on: Nov-04-2004
Reported in: 2005CriLJ703; ILR2005KAR43; 2005(3)KarLJ359
A.C. Kabbin, J.1. In this appeal preferred by the State, judgment of the Sessions Judge, Shimoga, acquitting the respondent (accused) of the offences punishable under Sections 302 and 380 of the I.P.C. has been challenged.2. The case of the prosecution may be briefly stated as follows:The accused Akkamahadevi was earlier a resident of Shimoga. There, she had developed intimacy with a Planning Officer, Shimoga (PW 13). Then she shifted to Thirthahalli. She began to work as a cook in a hostel. In Shimoga, Saraswathi (the deceased) had become friendly with her and that had led to PW 13 having an affair with Saraswathi also. In November 1993, PW 13 told Akkamahadevi (the accused/respondent) to bring Saraswathi to Thirthahalli on the night of 7.11.1993, so that all the three could go to Udupi, Goa and other places. Accordingly Saraswathi had been brought by the accused to Thirthahalli and was staying with her in her house. On that day, on the pretext of cleaning Saraswathi's ornaments, the ...
Tag this Judgment!Smt. Suneetha Nayak and anr. Vs. B.G. Harshadevara Math and ors.
Court: Karnataka
Decided on: Nov-03-2004
Reported in: 2005ACJ756; ILR2004KAR5289; 2004(6)KarLJ651
ORDERMohan Shantanagoudar, J.1. The petitioners have sought for quashing the order dated 4-4-2000 passed in MVC No. 824 of 1988 on the file of the learned Additional Civil Judge (Senior Division) and MACT, Udupi (Annexure-A) by filing this writ petition.2. The records disclose that the husband of the 1st petitioner and father of 2nd petitioner viz., Sri Sridhara Nayak, who was travelling in an autorickshaw on 17-3-1988 met with the accident at about 9.20 p.m., when a Matador van came from the opposite direction and dashed against the said autorickshaw. Said Sridhara Nayak died due to the injuries sustained by him in the accident. The petitioners herein filed claim petition in MVC No. 824 of 1988 before the learned Additional Civil Judge (Senior Division) and MACT, Udupi. The parents of Sridhara Nayak filed MVC No. 589 of 1988. During pendency of the matters, both the parents of Sridhara Nayak expired. These petitioners are the only remaining legal representatives of Sridhara Nayak. The...
Tag this Judgment!Nirmal Louis Vs. State of Karnataka, by Banaswadi Police
Court: Karnataka
Decided on: Nov-03-2004
Reported in: I(2005)DMC525; 2005(1)KarLJ213
S.R. Bannurmath, J.1. Being aggrieved by the judgment of conviction dated 3.11.2001, passed by the learned Sessions Judge, Bangalore, in S.C. No. 675/ 2000 finding the accused guilty of the offences under Sections 498A and 302 I.P.C. and sentencing him to undergo rigorous imprisonment for three years with fine and imprisonment for life with fine carrying default sentence, the present appeal is filed.2. The brief facts as per the prosecution case are as follows:Deceased Smt. Anitha was the wife of the accused Nirmal Louis and their marriage had taken place on 19.1.2000. According to the prosecution, the deceased was adopted by PW-2 Xavier and his wife PW-1 Jayanthi. As the prosecution evidence discloses, at the time of marriage certain jewellery and cash amount was given to the accused as dowry and inspite of giving the same, as the accused was often in need of money being a private photographer having loss in business, it is alleged that accused used to harass and treat cruelly the dec...
Tag this Judgment!S. Thipperudrappa Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Nov-03-2004
Reported in: 2005(3)KarLJ563
ORDERD.V. Shylendra Kumar, J.1. Petitioner is a person who had purchased a land that had been granted in favour of a person belonging to Scheduled Caste community. While the grant was of the year 1960, the extent is 30 acres of land in Sy. No. 83 of Kyathagondanahalli Village, Challakere Taluk, Chitradurga District in favour of one Hamimanthappa. Petitioner claims that one Smt. Kamalamma had purchased 20 acres of such land in the year 1972 from the original grantee and the petitioner purchased the said 20 acres of land from the said Kamalamma in the year 1978 for a sum of Rs. 45,000/-.2. It is in respect of these sale transactions an application came to be filed before the Assistant Commissioner, Chitradurga Sub-Division, Chitradurga in the year 1984 by the grantee himself. The application came to be allowed by the Assistant Commissioner in terms of the order dated 4-12-1984, passed in proceedings No. SCPTL CLK/44/79-80. The appeal preferred to the Deputy Commissioner as against this o...
Tag this Judgment!T.D. Yogitha Vs. University of Agricultural Sciences
Court: Karnataka
Decided on: Nov-02-2004
Reported in: 2005(1)KarLJ1000
ORDERS. Abdul Nazeer, J.1. Petitioner in this petition has challenged the endorsement issued by the Respondent University bearing No. R/WP 27406/ T.D.Yogitha/2003 dated 30.10.2003 (Annexure-G), whereby the University has upheld its previous notification dated 12.04.2001 cancelling her admission to 1st Year B.Sc. (Agriculture) Course.2. Facts in brief are as follows:Petitioner had filed an application dated 22.07.1995 in the prescribed form to the Respondent - University seeking admission to the 1 Year B.Sc., (Agriculture) Course for the academic year 1995-96. Along with her application she has filed a Declaration that the information furnished in the application form are true and correct. It is stated in the declaration that if the information furnished in the application is incorrect or false, the admission granted to her can be cancelled at any time during the tenure of her study in the University. The petitioner was 17 years of age at the time of her admission. Her father namely. T....
Tag this Judgment!irapawwa @ Irawwa and ors. Vs. Channabasawwa and ors.
Court: Karnataka
Decided on: Nov-02-2004
Reported in: AIR2005Kant84; ILR2005KAR1900; 2005(1)KarLJ95
ORDERS. Abdul Nazeer, J.1. The Petitioners in these petitions have called in question the orders passed by the Civil Judge (Sr. Dvn.) and C.J.M. Haveri (for short 'Trial Court') on I.A. Nos.6 and 7 in O.S. No. 113/2000 dated 6.12.2003, whereby the Trial Court has allowed the said applications for transposing the respondent No.3 (Defendant No.7 in the Trial Court) as Co-plaintiff and for amendment of the plaint.2. The 1st respondent is the plaintiff, the Petitioners are defendants 1 to 5 and respondent Nos.2 and 3 are defendant Nos.6 and 7 in the said suit. For the sake of convenience parties are referred to in their respective ranks before the Trial Court.3. The plaintiff filed the said suit for declaration that the registered sale deed executed by the 6th defendant in favour of the husband of the Petitioner No. l and father of Petitioner Nos.2 to 5 as null and void and for permanent injunction. In the plaint it is contended that the husband of the plaintiff and father of the 7th defen...
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