Karnataka Court February 2004 Judgments
K. Tauseef Ali Vs. Assistant Commissioner of Agricultural Income-tax
Court: Karnataka
Decided on: Feb-16-2004
Reported in: (2004)191CTR(Kar)450; [2004]269ITR208(KAR); [2004]269ITR208(Karn)
D.V. Shylendra Kumar, J.1. The petitioner is an assessee under the provisions of the Karnataka Agricultural Income-tax Act, 1957. For the assessment year 1999-2000, the assessee opted for payment of tax by way of composition in respect of his agricultural land as provided under section 66 of the Act and paid a sum of Rs. 53,107 on July 31, 1999, on the premise that the extent of his holding was 48 acres 33 guntas. It is not in dispute that the assessee grows coffee in his land. For the subsequent year, i.e., for the year 2000-01, while filing Form No. 23 the petitioner has indicated that his extent of holding is not 48 acres 33 guntas but a lesser extent and accordingly sought to pay a lesser amount of tax by way of composition. The assessee paid a sum of Rs. 16,650 on August 7, 2000.2. The Assistant Commissioner of Agricultural Income-tax by a notice dated March 20, 2002, purporting to be under Section 19(2) read with Section 66 of the Act called upon the assessee to indicate as to wh...
Tag this Judgment!The Assistant Executive Engineer Vs. Ashok Shivappa Kapali
Court: Karnataka
Decided on: Feb-16-2004
Reported in: ILR2004KAR4091; 2004(7)KarLJ36
ORDERKumar, J. 1. The respondent claimed that he was appointed as a daily wage employee by the petitioner on 18.6.1980. He continuously worked without any break till 20.11.1985 on which date his services were terminated without complying with the mandatory requirements of Section 25F of the Industrial Disputes Act. He approached the Government on 10.7.1995 raising an industrial dispute. After conciliation having failed the Government referred the dispute for adjudication to the Labour Court on 20.11.1995. Before the Labour Court the respondent contended that the termination is bad as being contrary to Section 25F of the Act. In so far as the delay in raising the dispute is concerned, it was stated in view of the orders passed by the Supreme Court directing Government not to terminate the services of daily wagers, the respondent was making representations after representations to the petitioner for reconsideration of his case in the light of the Supreme Court judgment. When ultimately t...
Tag this Judgment!Javeed Asgar Vs. Assistant Commissioner of Agricultural Income-tax
Court: Karnataka
Decided on: Feb-16-2004
Reported in: [2004]270ITR104(KAR); [2004]270ITR104(Karn)
D.V. Shylendra Kumar, J.1. The petitioner is an assessee under the provisions of the Karnataka Agricultural Income-tax Act, 1957. For the assessment year 2000-01, the assessee had opted for payment of tax by composition in respect of his agricultural land as provided under Section 66 of the Act and paid a sum of Rs. 21,088 initially by way of advance payment and Rs. 33,706 by way of cheque on August 20, 2002, on the premise that the extent of his holding was 49 acres 23 guntas. It is not in dispute that the assessee grows coffee in his land. For the subsequent year, i.e., for the year 2000-01, while filing Form No. 23 the petitioner had indicated that his extent of holding is not 49 acres 23 guntas but a lesser extent and accordingly paid Rs. 33,706 on August 20, 2002.2. The Assistant Commissioner of Agricultural Income-tax by notice dated August 8, 2002, purporting to be under Section 66 read with Section 32(3) of the Act called upon the assessee to indicate as to why he should not be...
Tag this Judgment!Amit Vikram Raina and anr. Vs. Dr. B.R. Ambedkar Medical College and o ...
Court: Karnataka
Decided on: Feb-16-2004
Reported in: 2004(6)KarLJ590
ORDERR.V. Raveendran, J.1. All these petitions relate to admission of petitioners to the MBBS Course to Dr. B.R. Ambedkar Medical College, Bangalore managed by Ananda Social and Educational Trust. As the ranks of respondents differ in the various petitioners, we have used the following abbreviations for the respondents; 'College' for Dr. B.R. Ambedkar Medical College; 'Trust' for Ananda Social and Educational Trust; 'University' for Rajiv Gandhi University of Health Sciences; 'MCF for Medical Council of India; and 'DME' for Director of Medical Education.2. It is stated that the college is managed by a Governing Council consisting of the Trustees of the Trust and that the office of the Chairman of the said Governing Council is filled by rotation. It is further alleged that during the academic year 2002-2003, one of the Trustees by name L. Shivalingaiah was the Chairman of the Governing Council and he was making the admissions to the I year MBBS Seats falling under management quota.3. Th...
Tag this Judgment!Kanyakumari Vidya Samsthe, by Its Secretary Vs. State of Karnataka, by ...
Court: Karnataka
Decided on: Feb-13-2004
Reported in: ILR2004KAR1381
V.G. Sabhahit, J.1. This writ Appeal is filed against the order passed in Writ Petition No. 21441/2002, by the learned Single Judge of this Court dated 26.11.2002.2. It is submitted by Smt. Nalini Chidambaram, learned Counsel for the appellant that the learned single Judge was not justified in setting aside the order dated 08.04.2002 passed by the Government confirming the grant of 1 Acre of land in Sy. No.32 of Malathahalli Village, Bangalore North Taluk, in favour of the appellant. Learned Counsel submitted that the order dated 08.04.2002 was passed pursuant to the direction issued by this Court in WA. No. 6367/1999 dated 01.02.2000 after getting measured the land comprised in Sy. No. 32 and after finding that 01 Acre of land was available for grant to the appellant-Society and the said question of fact arrived at by the Government could not be disturbed in exercise of Article 226 of the Constitution.3. Sri Seshadri, learned High Court Government Advocate submitted that 01 Acre of la...
Tag this Judgment!G. Nanjegowda Vs. State of Karnataka
Court: Karnataka
Decided on: Feb-13-2004
Reported in: ILR2004KAR1538; 2004(7)KarLJ32
ORDERM.S. Rajendra Prasad, J.1. This revision petition by the accused filed under Sections 397 and 401 Cr.P.C. is directed against the judgment dated 30.10.2003 passed in Crl.A.No. 11/2001 on the file of the Prl. Sessions Judge, Bangalore Rural District, Bangalore, wherein the learned Sessions Judge had partly allowed the appeal, confirming the finding of conviction of the accused for the offence under Section 326 I.P.C. and remanding the case to the learned Magistrate to hear the accused and the public prosecutor on the sentence and then pass appropriate orders, which appeal had been preferred against the judgment dated 19.4.2001 passed in C.C.No. 17/1996 on the file of the Civil Judge (Jr.Dn) & Addl J.M.F.C., Ramanagara, wherein the learned Magistrate had recorded a finding of conviction of the accused for the said offence and had sentenced him to imprisonment for a period of six months for the said offence, challenging the legality and propriety of the judgments impugned.2. The Cour...
Tag this Judgment!National Insurance Co. Ltd. and ors. Vs. Siddu C.M. and ors.
Court: Karnataka
Decided on: Feb-13-2004
Reported in: 2005ACJ635; ILR2004KAR2014; 2004(5)KarLJ479
ORDERN.K. Jain, C.J.1. These Appeals and accompanying Revision have been referred to the Division Bench by a learned Single Judge of this Court to consider the question as to whether the driver holding licence to drive heavy passenger vehicle can be said to be holding an effective licence to drive a heavy goods vehicle.2. The fact matrix leading to reference lies in a narrow compass. The Addl. Motor Accident Claims Tribunal, Belgaum, (hereinafter called as the 'Tribunal') by its common judgment and separate awards in M.V.C. No. 250/1992, M.V.C. No. 1404/1991, M.V.C. No. 1736/ 1991 and M.V.C. No. 1405/1992, dated 01.01.1999 held that in a motor accident that occurred on 26.08.1991 due to rash or negligent driving of the Lorry bearing No. KA. 18-364, the KSRTC., Bus bearing No. MEF. 3499 was damaged and the claimants being passengers in the Bus were injured and hence, were entitled to compensation. The Tribunal negatived the contention of the National Insurance Company (hereinafter calle...
Tag this Judgment!Bapu Vs. Yashwant Satteppa Nikam and ors.
Court: Karnataka
Decided on: Feb-13-2004
Reported in: AIR2005Kant1
K. Sreedhar Rao, J.1. The appeal filed against the judgment and decree passed in O. S. No. 29/87 on the file of Civil Judge (Sr. Dn.), Athni. The appellants are the L. Rs. of deceased plaintiff filed a suit for partition and possession of the share in 'A' and 'B' schedule properties. One Satteppa Ningappa Nikam is the propositus died in the year 1930. Ningappa, Yeshawanthappa, Krishna and Hanumantha are sons of Satteppa. There was a partition in the family in the year 1946 as per Ex. D.1. The 'B' schedule lands at item Nos. 1 to 6 are the Sanadi Inam lands. The succession to the Inam lands is governed by the rule of primogeniture. In the partition deed as per Ex. D.1, the item Nos. 1 to 6 in Ex. D. 1 were given to the first defendant, as he was the eldest male member of the family; The plaintiff seeks share in the Sanadi Inam lands and also in the other suit schedule properties.2. The first defendant per contra contends that the Sanadi Inam lands are granted exclusively his share in th...
Tag this Judgment!Raghothaman and ors. Vs. State of Karnataka and anr.
Court: Karnataka
Decided on: Feb-12-2004
Reported in: 2004CriLJ1974; II(2004)DMC622; ILR2004KAR1322
ORDERM.S. Rajendra Prasad, J.1. This petition, by the accused filed under Section 482 Cr.P.C. is for quashing the entire proceedings in CC No. 22703/99 on the file of the X Addl. CMM. Bangalore, wherein the petitioners have been facing prosecution for the offence under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.2. The Court has heard the arguments of Sri Mohd. Usman Shaik, the learned Counsel on behalf of the petitioners and Sri P.M. Nawaz, HCGP on behalf of the first respondent-State. The 2nd respondent has remained absent in spite of service of notice.3. The learned Counsel for the petitioners strenuously contended that the accused have been facing prosecution for the said offences on the basis of the complaint lodged by the 2nd respondent. The material on record clearly shows that the 2nd respondent was married to another person as on the date of her undergoing with the marriage ceremony with the first respondent and this goes to show tha...
Tag this Judgment!Smt. Saraswati Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Feb-11-2004
Reported in: ILR2004KAR3111; 2004(2)KarLJ247
ORDERK. Bhakthavatsala, J.1. The petitioner is Before this Court praying for quashing the notification dated 17-11-2003 (Annexure-H) on the file of the 2nd respondent holding election to the post of Adhyaksha on 28-11-2003 and also declare that the term of office of the Adhyaksha and Upadhyaksha of the 3rd respondent-Panchayat shall be for a period of 20 months from 2-8-2003.2. The case of the petitioner is that since she was elected to the office of Adhyaksha of 3rd respondent-Panchay at on 2-8-2003, her term of office comes to an end on 1-4-2005. But, the 1st respondent has now issued a reservation notification dated 29-10-2003 for the 3rd term tenure reserving the Office of Adhyaksha for Ladies General category and Upadhyaksha to BCA (Annexure-E). The petitioner objected for holding election to the post of Adhyaksha as it is premature and her term of 20 months expire on 1-4-2005. Therefore, the petitioner is before this Court.3. The respondents 1 and 2 are represented by Sri H.B. Na...
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