Karnataka Court November 2005 Judgments

B. Shantakumar Vs. the Chief Regional Manager, Bank of India

Court: Karnataka

Reported in: 2006(1)KarLJ316

ORDERR. Gururajan, J.1. Petitioner-Shantakumar is before me challenging the order dated 23-7-2002 in C.R. No. 44 of 1998 on the file of the Central Government Industrial Tribunal-cum-Labor Court, Bangalore (Annexure-D).2. Petitioner joined service as Cashier-cum-Clerk with effect from 20-3-1982 with the respondent. He was issued with a charge-sheet dated 8-9-1993 alleging therein that he has misappropriated certain sums belonging to the respondent-bank and committed a misconduct in terms of Clause 19.5(d) and 19.5(j) of the Bipartite Settlement dated 19-10-1966. On the very day, one Sri N. Rajaratnam, Deputy Chief Officer (Personnel), Regional Office of the respondent was appointed as Enquiring Authority. Enquiry was held. According to the petitioner, report was obtained. Accepting the report, management terminated the services of the petitioner. Petitioner, thereafter, has raised conciliation. Conciliation resulted in an order of reference to the Central Government Industrial Tribunal...

Thomson Plantations (India) Private Limited Vs. the Senior Sub-registr ...

Court: Karnataka

Reported in: ILR2006KAR164; 2006(1)KarLJ403

ORDERK.L. Manjunath, J.1. M/s. Cochin Malabar Estates and Industries Limited had borrowed loan from Federal Bank Limited, for having not repaid the loan payable to Federal Bank Limited, the property of M/s. Cochin Malabar Estates and Industries Limited was brought to public auction. Accordingly, an extent of 625 acres of land situated at Uribail Chembu and Sampaje Village, Madikeri Taluk, were sold in public auction. The petitioner became the successful bidder for Rs. 9,00,10,0007- (Rupees Nine crores ten thousand only). The said sale was conducted on 18-5-2004. The sale certificate was issued to the petitioner on 15-7-2004. Thereafter, the Recovery Officer of Debt Recovery Tribunal, Cochin, sent a copy of the sale certificate to the Senior Sub-Registrar, Mercara, directing him to file the copy of the sale certificate in Book I as required under Section 89(4) of the Indian Registration Act, 1908. The Sub-Registrar, Mercara, after receipt of copy of the sale certificate from the Debts R...

Suresh Colour Labs Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: (2008)11VST621(Karn)

ORDERD.V. Shylendra Kumar, J.1. Writ petition is by a dealer registered under the provisions of the Karnataka Sales Tax Act, 1957 (for short, 'the Act'), involved in the activity of processing and supply of photographs, photo print and photo negatives along with allied activities including sale of films, etc.2. Subject-matter of the writ petition is the tax liability relating to the activity of processing and supply of photographs, photo negatives which activity described as works contract had become taxable under Section 5B of the Act read with entry 25 of the Sixth Schedule to the Act on and after introduction of this entry and the Schedule from the year 1986.3. The levy of tax in respect of the activity of photography has been subject-matter of chronic litigation between the photographers, photo labs and the Revenue and the first of such litigation was in the case of Assistant Sales Tax Officer v. B.C. Kame reported in : [1977]2SCR435 . Thereafter, there has been a flurry of litigat...

B.S. Sadananda Vs. K.S. Chinnappa

Court: Karnataka

Reported in: AIR2006Kant57; 2006(1)KarLJ321

V.G. Sabhahit, J.1. This appeal by the 1st defendant is directed against the judgment and decree passed by the Court of Civil Judge (Senior Division), Madikeri, in R.A. No. 15 of 1996, dated 9-10-2003, dismissing the appeal and confirming the judgment and decree passed by the Court of Munsiff, Somwarpet, in O.S. No. 56 of 1994, dated 21-3-1996, decreeing the suit of the plaintiff for ejectment of the defendants.2. The essential facts of the case leading up to this appeal with reference to the rank of the parties before the Trial Court are as follows.-Plaintiff filed O.S. No. 56 of 1994 against the defendants seeking for a judgment and decree to vacate and handover possession of the schedule property including the house and for arrears of rent of Rs. 5,4007- for the past 3 years at the rate of Rs. 150A p.m. from April 1991 to March 1994, future rents at the rate of Rs. 150/- p.m. from April 1994 onwards and for costs. It is averred in the plaint that the plaintiff purchased 0.15 acres o...

Sri B. Chikkanna S/O Sri Chikkegowda Vs. Sri N. Narasinga Rao S/O Late ...

Court: Karnataka

Reported in: ILR2006KAR2970

ORDERN. Kumar, J.1. The petitioner has challenged in this revision petition the order passed by X Additional Small Causes Judge at Bangalore in HRC No. 1191/96 dismissing the petition filed under Section 27(2)(r) of the Karnataka Rent Act 1999.2. The petitioner is the owner of property bearing no. 69/1, (old) 137/1 situated at 8th cross road, Margosa road, Malleswaram, Bangalore-3. In the ground floor of the said premises there were four shops. Deceased respondent Sri. N. Narasinga Rao was in occupation of one shop which is more particularly described in the schedule to the eviction petition and hereinafter referred to as schedule shop. The rent of the premises was Rs. 250/-, The petitioner filed an eviction petition against all the four tenants under Section 21(1)(h) of the Karnataka Rent Control Act 1961 on the ground that the entire building is in a dilapidated condition, it requires to be demolished and a new construction is to be put up for the benefit and requirement of his grown...

M. Narayanappa Vs. the Special Deputy Commissioner and ors.

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. These two writ petitions, though are by two different persons, both of whom are claiming as legal heirs of persons in whose favour agricultural lands had been granted - an extent of 2 acres each - way back in the year 1947 and as persons belonging to depressed class [Adi Karnataka] and directed against different orders passed by the Assistant Commissioner and the Deputy Commissioner - statutory functionaries under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, 'the Act'), first as original authority and second as the Appellate Authority - after having heard the matter at length, I am disposing of the petitions by this common order, as the legal issues that are canvassed on behalf of the petitioners and the respondents are common, though on facts, some more issues are sought to be raised insofar as the respondents 3 to 5 in W.P. No. 8141 of 2003 are concerned.2. Both p...

Smt. Radhamma and ors. Vs. H.N. Muddukrishna and ors.

Court: Karnataka

Reported in: AIR2006Kant68; 2006(1)KarLJ176

Manjula Chellur, J.1. Heard the learned Counsels on either side.2. The appellants in R.F.A. No. 347 of 1998 are none other than the plaintiffs and the appellants in R.F.A. No. 922 of 2001 are the defendants before the Trial Court in O.S. No. 9 of 1976. The plaintiffs sought for 1/10th share in all properties described in the schedule to the plaint as 'A' to 'H'. The learned Trial Judge, decreed the suit declaring that second plaintiff is entitled for l/10th share in the plaint 'A' to 'E' schedule property and she is entitled for partition and separate possession of that share in the said property. So far as property 'H schedule is concerned it was declared as the exclusive property of Smt. K.C. Saroja. 'F' and 'G' schedule properties are concerned, the Trial Judge held them also against the plaintiffs.3. The brief facts that led to the filing of the suit by the plaintiffs are is under:Plaintiff 1-Smt. Hanumakka is the second wife of late Patel Hanume Gowda and second plaintiff is the d...

Chikkusappa Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: 2006(3)KarLJ64

ORDERD.V. Shylendra Kumar, J.1. In all these petitions, petitioners are persons who claim ownership of agricultural lands located at different places, one such being at Rechamballi Village, presently, Chamarajanagar District which is also described as an erstwhile old Mysore area and such lands which are described as patta lands and the owners of such lands being also known as 'pattadars'.2. It is the admitted position that all petitioners are carrying on quarrying activities which does amount to mining operation as understood under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'MMDR Act'), Mineral Concession Rules, 1960 as also the Karnataka Minor Mineral Concession Rules, 1994.3. Petitioners who extract the mineral, particularly, black granite or the pink granite from the quarries, after cutting boulders and rocks into requisite size, want to transport the same to a port wherefrom it is being exported to foreign countries. Such transportation...