Karnataka Court October 2005 Judgments
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Mysore Sales International Limited Vs. United Breweries Limited
Court: Karnataka
Decided on: Oct-17-2005
Reported in: [2006]133CompCas190(Kar); ILR2005KAR5881; 2005(6)KarLJ615; [2006]66SCL122(Kar)
N.K. Sodhi, C.J.1. This order will dispose of a bunch of 34 Company appeals filed by Mysore Sales International Limited -- a Government Company (for short, 'MSIL'), under Section 483 of the Companies Act, 1956 (hereinafter called as the 'Act'), read with Section 4 of the Karnataka High Court Act, 1961 challenging the common order passed by the learned Single Judge dismissing the Company petitions filed by it Kecking winding up of the respondent-companies on the ground that they are unable to pay their debts. Since identical questions of law and Cad arise in all the appeals, these are being disposed of by a common order. For the sake of convenience the facts are being taken from OSA No. 18 of 2002 which arises out of Company Petition No. 32 of 1999 filed under Section 433(e) read with Section 434 of the Act for the winding up of United Mreweries Limited (hereinafter referred to as the 'Company'). Learned Counsels for the parties are agreed that the decision in this case will govern the ...
S. Krishnamurthy Vs. N. Aswathaiah (Dead) by L.Rs
Court: Karnataka
Decided on: Oct-17-2005
Reported in: AIR2006Kant44; 2006(1)KarLJ88
G. Ramesh, J.1. This appeal is by the defendant being aggrieved by the judgment and decree dated 19-2-2000 passed by the learned Civil Judge (Senior Division), Chikkaballapur, in R.A. No. 40 of 1996, wherein the learned Civil Judge (Senior Division), confirmed the order of the learned Munsiff Gowribidanur, in O.S. No. 176 of 1987.2. Plaintiff filed a suit to declare him as absolute owner of the suit schedule properties and for permanent injunction against the defendant. Narayanappa had two sons by name Krishnappa and Aswathappa (plaintiff) and four daughters by name Subbamma, Bhageerathamma, Lakshmamma and Puttamma respectively. Narayanappa father of the plaintiff and Sheshamma mother died about 70 years back. The daughters of Narayanappa namely, Subbamma died in Kaldevapura Village of Madhugiri Taluk about 34 years back, Bhageerathamma died about 33 years back at Hajipet in Kadapah District of Andhra Pradesh, Lakshmamma died about 17 years back at Tumkur and Puttamma died on 8-5-1986 ...
Yellappa Mudukappa Itagi and anr. Vs. Hubli-dharwad Urban Development ...
Court: Karnataka
Decided on: Oct-07-2005
Reported in: 2005(6)KarLJ636
Ram Mohan Reddy, J.1. These intra-Court appeals are filed by the unsuccessful petitioners assailing the order dated 27-3-1998 passed in W.P. No. 21413 of 1994 and batch (Dr. Radhakrishna Co-operative Housing Society Limited, Hosur, Hubli and Ors. v. Government of Karnataka and Ors., 1999(2) Kar. L.J. 637 : ILR 1998 Kar. 3794; order dated 30-3-1998 in W.P. No. 19748 of 1997; order dated 25-9-1998 in W.P. No. 28208 of 1998; order dated 6-10-1998 in W.P. No. 22106 of 1996; order dated 24-11-1999 in W.P. No. 4839 of 1997; order dated 17-12-1999 in W.P. No. 44864 of 1999; order dated 27-1-2000 in W.P. No. 44728 of 1999; order dated 6-10-2003 in W.P. No. 27435 of 2003 and order dated 21-11-2000 in W.P. No. 28014 of 1999 by learned Single Judge of this Court, upholding the constitutional validity of sub- section (5) of Section 32 of the Karnataka Urban Development Authorities Act, 1987 (for short, 'Act'), while declining to declare the petitioners to be owners of the civic amenity sites and t...
S. Subhadra Vs. Adishwar India Limited and anr.
Court: Karnataka
Decided on: Oct-07-2005
Reported in: 2007(6)KarLJ155
ORDERK. Ramanna, J.1. This criminal petition is filed by the petitioner under Section 482 of the Criminal Procedure Code, 1973 to quash all the proceedings in Crime No. 160 of 2004 (PCR No. 8650 of 2004) of Mahalakshmi Layout Police Station.2. The brief facts leading to this case are as follows.-That the petitioner is one Subhadra who is a permanent resident of Subedarpet, Nellore in Andhra Pradesh and she is the owner of the vacant premises at Nellore bearing No. 15/374 situated at Subedarpur, Nellore, Andhra Pradesh. First respondent-Company approached her as they wanted the said building for rent to run their company Accordingly, petitioner agreed for the same. The petitioner and first respondent agreed that the first respondent would pay a sum of Rs. 1 lakh as rental advance and the petitioner agreed to let out the premises on a monthly rent of Rs. 10,000/-. To that effect, agreement was entered into between the parties at Nellore and the rental agreement was prepared at Nellore on...
Porlu Packers Vs. Chairman, Clarification and Advance Ruling Authority ...
Court: Karnataka
Decided on: Oct-07-2005
Reported in: (2008)11VST230(Karn)
ORDERD.V. Shylendra Kumar, J.1. Writ petitioner who is a dealer registered under the provisions of the Karnataka Sales Tax Act, 1957, who took the chance of applying to the Commissioner under Section 4 of the Act, inviting his advance ruling on the scope of exercise of tax liability in respect of the product known as plastic woven sacks. It appears, the Commissioner--second respondent did give his ruling which was not to the liking of the petitioner, who on realising that the ruling given has not taken note of certain Government notification, sought for rectification of the ruling by another application purporting to be under Rule 27(Q) of the Karnataka Sales Tax Rules, 1957. The Commissioner having responded with an endorsement that the application is not maintainable, the present writ petition.2. Submission of Sri. Chythanya, learned Counsel for the petitioner is that the ruling given by the Commissioner is clearly in ignorance of the Government notification under which the petitione...
M.M.S. Exports (P) Ltd. Vs. the Addl. Commissioner of Commercial Taxes ...
Court: Karnataka
Decided on: Oct-06-2005
Reported in: ILR2005KAR5132; (2007)6VST728(Karn)
H.L. Dattu, J.1. The appellant before us is a private limited company. It is registered both under the provisions of the Karnataka Sales Tax Act ('the KST Act' for short) and the Karnataka Tax on Entry of Goods Act ('the KTEG Act' for short). It is engaged in the manufacture of readymade garments in its industry located in a plot allotted by the Karnataka Industries Area Development Board ('KIADB' for short).2. For the assessment year 1994-95, the assesses had filed its annual returns in Form 5 before the Assessing Authority, declaring taxable purchases amounting to Rs. 3,43,920-72 liable for payment of entry tax. On verification of the books of accounts, the assessing authority has noticed, in the returns filed, the assessee had not disclosed the causing of entry of imported industrial machinery, namely, Industrial Sewing Machines amounting to Rs. 4,48,31,570/- into its industrial area situate at KIADB area. This view of the assessing authority is fortified by the inspection report of...
C.R. Krishna and anr. Vs. the Management of Davangere Cotton Mills and ...
Court: Karnataka
Decided on: Oct-06-2005
Reported in: [2006(108)FLR859]; ILR2005KAR5729
ORDERR. Gururajan, J.1. These two petitions are disposed of by this common order since the facts and the grounds involved in these petitions are same or similar.2. Petitioners were appointed as part time measurers and thereafter as full time measurers by the First Respondent at its showroom at Chitradurga. Petitioners were receiving salary from the First Respondent under the bona fide belief and impression that the First Respondent is paying proper and bonafide wages. Thereafter they were asked to work in the show room at Davangere. There they came to know that the measurers working at Davangere were paid the higher rate of wages and that the difference in wages was to the extent of Rs. 1200/-. They made a representation seeking for justice in the matter. In the absence of any response, petitioners approached the Minimum Wages Authority for the purpose of relief in the matter. The objections were filed by the respondents. Matter was heard. After hearing, the authority has chosen to pas...
Chairman, Hmt Watches Limited and anr. Vs. the Cosmos Co-operative Ban ...
Court: Karnataka
Decided on: Oct-06-2005
Reported in: III(2006)BC178; 2006CriLJ813; ILR2006KAR537; 2005(6)KarLJ507
ORDERMohan Shantanagoudar, J.1. Heard Sri Joshua IT. Samuel of M/s. Cariappa and Company, learned Counsels appearing for the petitioners, Sri M.V. Srinivasan, learned Counsel appearing on behalf of the respondent-Bank and perused the material on record. As the common facts and questions of law are involved in all these matters, they are heard together and disposed of by this common order by consent of both the Advocates.2. Based on the eighty-eight (88) complaints lodged by respondent herein viz., Cosmos Co-operative Bank Limited, Pune ('Bank' for short), eighty-eight criminal cases are registered against petitioners herein and others in the Court of the XVI Additional Chief Metropolitan Magistrate, Bangalore for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('N.I. Act' for short). The petitioners herein who have been arrayed as accused 2 and 4 in all the cases have sought for quashing the said proceedings pending in 88 criminal cases by filing these ...
B.T.L. Education Trust Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Oct-06-2005
Reported in: AIR2006Kant12; 2005(6)KarLJ381
S.R. Nayak, J. 1. The BTL Education Trust which is the petitioner in W.P. No. 19739 of 2002 being aggrieved by the order of the learned Single Judge dated 26th July, 2004 passed in W.P. No. 19739 of 2002 (B.T.L. Education Trust, Bangalore v. State of Karnataka, 2004(6) Kar. L. J. 23 : ILR 2004 Kar. 4036) has preferred this appeal. The learned Single Judge has dismissed the writ petition.2. The facts of the case in brief are as follows.-The father of the respondents 4 to 8, late Buddappa alias Budda Reddy of Kothanur Village had filed declaration under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, 'the Act') before the second respondent in the year 1976. After verification of the said declaration, the second respondent issued a preliminary notification under Section 10(1) and thereafter passed an order under Section 10(3) of the Act holding that the said Budda Reddy was holding excess land to an extent of 14,879 sq. mtrs. In Sy. Nos. 167/4, 172/1 and 172/...
B. Anjanappa and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Oct-06-2005
Reported in: 2006(1)KarLJ233
S.R. Nayak, J.1. All these writ appeals are directed against the same judgment of the learned Single Judge dated 9th March, 2004 passed in Writ Petition No. 27205 of 2001 and therefore, we clubbed all the writ appeals, heard them together and they are being disposed of by this common judgment.2. The appellants in Writ Appeal No, 2532 of 2004 are the owners of the land in Sy. No. 77/1 measuring 2 acres 9 guntas, Sy. No. 77/7 measuring 36 guntas, Sy. No. 23/1 measuring 27 guntas, Sy. No. 88/6 measuring 25 guntas, Sy. No. 35/1 measuring 32 guntas, Sy. No. 49/1 measuring 1 acre 17 guntas, Sy. No. 49/2 measuring 1 acre 13 guntas and Sy. No. 49/3 measuring 1 acre 36 guntas, (totally admeasuring 9 acres 25 guntas) of land situate in Veerannapalya Village, Bangalore East Taluk (formerly Bangalore North Taluk). The appellants in this appeal were not parties to the W.P. No. 27205 of 2001. This appeal was filed by the appellants with the leave of the Court.3. The appellants in Writ Appeal No. 208...
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