Karnataka Court May 2004 Judgments
The Deputy Commissioner of Commercial Taxes and ors. Vs. Bellary Steel ...
Court: Karnataka
Decided on: May-31-2004
Reported in: ILR2004KAR3776; (2008)11VST361(Karn)
Dattu, J. 1. This appeal is filed by the State Government against the order made by the learned Single Judge in W.P.No. 7112/1998 dated 30.7.1998.2. The primary relief sought in the Writ Petition was to declare that the notification in FD.1.CSL.95(I) dated 11.10.1995 issued by the State Government is unconstitutional and that therefore, the petitioner was entitled for tax exemption subject to a ceiling of 80% of the amount of investment spread over a period of five years in terms of the notification issued by the State Government in No. FD. 171.CSL.93(I) dated 28.8.1993.3. The learned Single Judge while allowing the petition has observed:'If the investment has been made after coming into force of the notification dated 11.10.1995 then the relief could be restricted according to the notification. But if the investment has already been made, prior to coming into force of this notification dated 11.10.1995, in terms of notification dated 28.8.1993, the benefit of exemption cannot be denie...
Tag this Judgment!H. Muthunanjaiah Vs. C.G. Indiramma and ors.
Court: Karnataka
Decided on: May-29-2004
Reported in: ILR2004KAR5073; 2005(1)KarLJ226
K. Sreedhar Rao, J.1. The appellant is the plaintiff filed the suit initially for a direction against the defendant to execute the sale deed by receiving a sum of Rs. 22000/- on the ground of right of preemption. Later on, the plaintiff amended the plaint by setting up the agreement for sale dated 7.9.84 and sought relief of specific performance.2. It is the case of the plaintiff that himself and his brother one Beerappa got divided under Ex.P.5 dated 8.2.84. The suit property which is allotted to the brother of the plaintiff is sold to defendant under Ex.D.3 dated 5.9.84 for a sum of Rs. 32000/-. The plaintiff entered into an agreement for purchase of the same under Ex. P.l dated 7.9.84. The plaintiff has no knowledge that the consideration under Ex .D.3 is Rs. 32,000/-. Under Ex .P.l the total sale, consideration agreed is Rs. 95,000/-, an advance of Rs. 10,000/- was paid at the time of Ex.P.l. The sale is to be completed within 40 days from the date of Ex P. 1 by paying the balance ...
Tag this Judgment!Channabasayya and anr. Vs. the Assistant Registrar of Co-operative Soc ...
Court: Karnataka
Decided on: May-28-2004
Reported in: ILR2004KAR2888; 2004(4)KarLJ444
ORDERN.K. Patil, J. 1. In these Writ Petitions, the petitioners have assailed the correctness of the order dated 13.1,1992 on the file of the 1st respondent in Proceedings No. AR/8/DLS/47/91-92 ordering for attaching the property owned by them bearing Survey No. 123/2 measuring 10 acres 3 guntas (total) situated at Neerbudihal Village, Badami Taluk, Bijapur District as being arbitrary, erroneous, illegal, contrary to law, equity and justice (Annexure-M). Further, they sought quashing of the order dated 7.3.1996 on the file of the Deputy Registrar of Co-operative Societies, Bijapur in Proceedings No. DRT/APPEAL/33/92-93 confirming the order dated 13.1.1992 passed by the 1st respondent as being arbitrary, erroneous, illegal, contrary to law, equity and justice (Annexure-R).2. The grievance of the petitioners is that, as per the agreement dated 15.7.1988, they have purchased the land bearing Survey No. 123/2 (totally measuring 10 acres 3 guntas) to an extent of 5 acres 1 1/2 guntas each s...
Tag this Judgment!Syndicate Bank Vs. Mahalaxmi Ginning Factory and ors.
Court: Karnataka
Decided on: May-28-2004
Reported in: AIR2005Kant5; II(2005)BC230; [2004]122CompCas58(Kar)
1. Appellant herein filed O.S. No. 57 of 1996, on the file of Civil Judge (Senior Division), Saundatti [Old O.S. No. 60 of 1993, on the file of Principal Civil Judge, Bailhongal ] against the first respondent-firm and its four partners (respondents 2 to 5) and two sureties (respondents 6 and 7). The appellant and first respondent will also be referred to as the 'Bank' and 'borrower firm'. Respondents 1 to 5 together will also be referred to as the 'Borrowers' and respondents 6 and 7 as the 'guarantors'.2. The plaint averments, in brief, were as under:2.1 Appellant-Bank sanctioned a term loan of Rs. 6,37,000/- to the first respondent-firm (and its partners-respondents 2 to 5) for construction of a ginning factory and purchase of machineries. Out of sanctioned loan, the borrowers availed in all Rs. 6,11,000/- (that is Rs. 1,00,000/- on 31-10-1984, Rs. 1,00,000/- on 13-11-1984, Rs. 2,04,743/-. on 23-11-1984, Rs. 40,600/- on 18-12-1984, Rs. 50,000/- on 28-12-1984, Rs. 25,000/- on 11-6-1985...
Tag this Judgment!Lakshmana Naik Vs. State by Bantwal Police
Court: Karnataka
Decided on: May-28-2004
Reported in: ILR2004KAR4722; 2004(5)KarLJ537
N.S. Veerabhadraiah, J.1. The appellant assailing the judgment of conviction for the offence under Section 376 of the IPC passed in S.C. No. 144 of 1994 by the I Additional Sessions Judge, Mangalore, D.K. sentencing him to undergo R.I. for a period of five years and to pay a fine of Rs. 15,000/-, in default, to under Simple Imprisonment for a period of six months, has come up with this appeal.2. The brief facts are as follows.--The accused-Lakshman Naik and the prosecutrix-P.W. 11 Lakshim, the daughter of P.W. 9-Venkatappa Naik are the residents of Manchi Village and are relatives. P.W. 11-Lakshmi as well as P.W. 7-Smt. Rajivi are the Anganwadi Workers. They were entrusted with the work of collection of funds for purchase of vessels and other utensils for the use of Anganwadi Center. On 17-3-1992, P.W. 11 and P.W. 7 collected contributions from the residents of the village till about 1.00 or 1.30 p.m., and thereafter, P.W. 7 left to her house, whereas, P.W. 11 alone went to the house o...
Tag this Judgment!Chinnappa Vs. Corporation of the City of Bangalore
Court: Karnataka
Decided on: May-28-2004
Reported in: AIR2005Kant70; 2005(1)KarLJ56
K. Sreedhar Rao, J.1. The appellant is the plaintiff, filed a suit for declaration of title and permanent injunction in respect of the suit site. The plaintiff claims that the suit site was the part of Sy. No. 21 of Sunkenahalli Village. The erstwhile landlord formed revenue sites and the suit site was purchased by the plaintiffs father under Ex. P. 2 in the year 1963. Since then the plaintiff claims to be in possession and enjoyment by putting up a small structure. When defendant tried to interfere, the suit is filed.2. The defendant in the written statement admits existence of a temporary structure on the suit site but denies the title of the plaintiff. It is pleaded that the suit site is a civic amenity site handed over by the BDA to the defendant for the purpose of civic amenities. The plaintiff's title over the civic amenity site is denied.3. It is pertinent to note that prior to the suit, the plaintiff had filed a suit in O.S. No. 2252 of 1982 for permanent injunction in respect ...
Tag this Judgment!State of Karnataka Vs. Madivalappa Fakirappa Kodliwad
Court: Karnataka
Decided on: May-27-2004
Reported in: 2004CriLJ3712; ILR2004KAR3590; 2004(6)KarLJ28
N.S. Veerabhadraiah, J.This appeal is by the State, assailing the judgment of acquittal of the accused in C.C. No. 403/1996, dated 20.02.1998 for the offences under Sections 279, 337, 338, 304-A of IPC r/w Section 134 and 187 of M.V. Act on the file of the learned JMFC III Court, Belgaum.2. The case of the prosecution in brief is as follows:On 06.05.1996 at about 4.15 p.m. accused-Madivalappa Fakirappa Kodliwad being the driver of the passenger tempo bearing Regulation No. KA 24-1090 was proceeding towards Bagewadi. On account of his rash and negligent driving of the tempo, near Khadri Cinema Talkies of Bagewadi village limits dashed Ratnabai Krishnaji Karandi-P.W.19 from behind, who was proceeding on the footpath. The vehicle further proceeded towards its right side and toppled. As a result, Shivaputra Shivanagouda and another Ramesh Gyanappa Dandavate (cleaner of the tempo) died and also resulting injuries to 13 passengers. The injured P.W.1-Mohammed Rafiq Abdulgani Godawad lodged a ...
Tag this Judgment!Karnataka State Financial Corporation and ors. Vs. Smt. Jaya Menon and ...
Court: Karnataka
Decided on: May-25-2004
Reported in: AIR2004Kant370; IV(2004)BC259; [2005]124CompCas289(Kar); ILR2004KAR2735; 2004(4)KarLJ366
N.K. Jain, C.J.1. This reference has been placed before the Full Bench as per the order of the Chief Justice dated 26.3.2004. The matter has come up before us on 13.4.2004.2. A Division Bench of this Court was considering the appeals. Having heard the submission and considering the case laws relied upon by the learned Counsel for the parties, it formulated certain questions for consideration. The Division Bench found no decision of any Court in the Country, which touched the questions formulated by it. It found contrary views expressed by a single bench Judgment of the Rajasthan High Court in RAJASTHAN FINANCIAL CORPORATION v. BANWARI LAL AND ORS., and in the decision in ORISSA STATE FINANCIAL CORPORATION v. SAILENDRA NARAYAN PATNAIK AND ANR., (1999) BC 78 regarding applicability of Article 137 of the Limitation Act (for short, 'the Act') to applications under Section 31 of the State Financial Corporations Act ('SFC Act' for short). In view of the conflicting decisions, the Division Be...
Tag this Judgment!Dakshina Kannada Sahakari Sakkare Karkane Limited Vs. N. Narayana Shet ...
Court: Karnataka
Decided on: May-25-2004
Reported in: 2004(3)ARBLR5(Kar); 2004(4)KarLJ275
Ram Mohan Reddy, J.1. The appellant, being aggrieved by the judgment and decree dated 18-8-2001 passed in Arbitration Suit No. 2 of 2001 (Arbitration Case No. 6 of 1987), on the file of I Additional Civil Judge (Senior Division) and Chief Judicial Magistrate, Mangalore (for short, the 'Civil Court'), has preferred this appeal under Section 39(1) of the Arbitration Act, 1940 (for short, the 'Act').2. Facts, in brief are as follows:The appellant a Co-operative Society registered under the Karnataka Co-operative Societies Act, called for tenders for execution of 14 items of civil works, for construction of sugar factory at Brahmavara. The appellant accepted tender of the respondent for 6 items of work. The appellant entered into 6 separate agreements in respect of the tendered items of work, with the respondent, the details of which are as under:SI. No.Nature of workAgreement NumberEstimated amount1.Construction of mainfactory buildingDKS/CWP/166/483/82-83Rs. 20,00,000/-2.Construction of ...
Tag this Judgment!Smt. Yashodamma H.S. and anr. Vs. Common Cadre Committee for Karnataka ...
Court: Karnataka
Decided on: May-25-2004
Reported in: ILR2004KAR4063; 2004(4)KarLJ294
ORDERR. Gururajan, J.1. Petitioners-Yashodamma and Raghunatha are before me seeking for a writ of certiorari to quash Annexure-B with a further direction to the respondent to appoint the second petitioner on compassionate grounds in the given circumstances.2. One Basavarajappa, an employee of the respondent-Bank, died on 14-11-1998 while in service. The deceased Basavarajappa was working in Primary Co-operative Agriculture and Rural Development Bank at Sira and he was under orders of transfer to Kolar at the time of his death. It is stated that the salary of Basavarajappa was the only source of livelihood to his family. The Registrar of Co-operative Societies has framed Regulations providing for appointment on compassionate grounds in terms of the Regulation 7 of the Regulations. According to the petitioners, an application was submitted for appointment on compassionate grounds. Even after 10 months, no action was taken. A writ petition in W.P. No. 27243 of 2000 was filed in this Court...
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