Karnataka Court April 2005 Judgments

C. Basavegowda Vs. Karnataka State Co-operative Apex Bank Limited and ...

Court: Karnataka

ORDERK. Sreedhar Rao, J.1. The petitioner is one of the Directors of the 3rd respondent-Bank, so also the 5th respondent. The provision of Section 21 of the Karnataka Co-operative Societies Act, 1959, relevant for consideration is extracted hereunder:21. Manner of exercising vote.--(1) Every member, every delegate and every nominee shall exercise his vote in person and not by proxy.(2) Notwithstanding anything contained in Sub-section (1).--(a) the committee of a Co-operative Society which is a member of another Co-operative Society may appoint one of its members to vote on its behalf in the affairs of that other Society.2. It is the case of the petitioner that the committee of the 3rd respondent elected the petitioner to represent in the affairs of the 1st respondent vide Annexure-B, dated 5-3-2005. The petitioner by virtue of Annexure-B would be entitled to vote as a representative of the 3rd respondent in the management of the affairs of the 1st respondent and also would be entitled...

Balakrishna Breeding Farms Private Limited Vs. the Chief Commissioner ...

Court: Karnataka

Reported in: (2005)197CTR(Kar)125; ILR2005KAR1956; [2005]276ITR20(KAR); [2005]276ITR20(Karn)

N.K. Sodhi, C.J.1. M/s. Balakrishna Breeding Farms Private Limited is the assessee before us and the relevant assessment years are 1993-94 to 1995-96 and 1997-98. It has filed these writ appeals against the order dated 1-12-2003 passed by the learned single Judge dismissing Writ Petitions nos. 45504-07/2003 upholding the order dated 20-2-2003 passed by the Chief Commissioner of Income Tax, Bangalore granting partial relief to the assessee in regard to the waiver of interest levied under Section 234B of the Income Tax Act, 1961 (hereinafter called the Act). Facts giving rise to these appeals in so far as they are relevant, lie in a narrow compass and these may first be noticed.2. The assessee is engaged in the business of hatchery. It filed its returns of income for the relevant assessment years in time claiming, amongst others, the benefit of special deduction under Sections 80HHA and 80-I of the Act. This exemption was claimed on the basis of a Division Bench judgment of this Court in...

Falcon Tyres Limited Vs. Falcon Tyres Employees' Union

Court: Karnataka

Reported in: [2005(107)FLR1051]; 2005(4)KarLJ477; (2005)IIILLJ587Kant

ORDERR. Gururajan, J.1. M/s. Falcon Tyres Limited is before me challenging the order dated 31st day of March, 2003, Annexure-A passed by the Appellate Authority in Standing Order Application No. 1 of 2002 insofar as it relates to modification of the Standing Order 19(d).2. Petitioner-management filed an application seeking for modification before the Certifying Officer. Petitioner-management wanted inclusion of Standing Order 19(d) in the matter of medical discharge. After hearing, the Certifying Officer certified the Standing Order as sought for by the management. On appeal, the Appellate Authority has chosen to modify Clause 19(d) in his order. This modification by the Appellate Authority is challenged in this petition.3. Heard Sri S.N. Murthy, learned Senior Counsel for the management and Sri Narayanaswamy, learned Counsel for the petitioner and perused the material placed on record.4. Sri S.N. Murthy, learned Senior Counsel for the management would say that the modification in term...

Bangalore University Vs. Dalappa and anr.

Court: Karnataka

Reported in: ILR2005KAR4007; 2006(4)KarLJ399

P. Vishwanatha Shetty, J.1. The appellant in this appeal is the Bangalore University. In this appeal, the appellant is aggrieved by the order dated 6th February 2003 made in Writ Petition No. 5170 of 2000. The 1st respondent in this appeal filed the writ petition challenging the correctness of the order dated 5th November 2001, issued by the appellant-University, a copy of which has been produced as Annexure-B to the writ petition, informing the respondent that he would attain the age of superannuation on 30th September 2002 as he would be attaining 58 years on that date. It was the case of the respondent in the writ petition that since the respondent was in the teaching cadre, he was entitled to continue in service till he attained the age of 60 years and the notification-Annexure-B issued by the University notifying that he would attain the age of superannuation on 30th September 2002 on the premise that he was not in a teaching cadre is totally unsustainable in law. The appellant-Un...

State of Karnataka by Secretary to Government and ors. Vs. M. Venkates ...

Court: Karnataka

Reported in: ILR2005KAR4903; 2006(3)KarLJ597

S.R. Nayak, J.1. The State Government and its authorities being aggrieved by the order of the learned Single Judge dated 16-12-2003 in Writ Petition No. 40926/2001, have preferred this Writ Appeal.2. In the above Writ Petition, the first Respondent herein, who is the owner of the subject land acquired for a public purpose, complained that there was no necessity to invoke urgency clause under Section 17(4) of the Land Acquisition Act, 1894 ('the Act' for short).3. The Learned Single Judge though accepted the above contention as justified, has dismissed the Writ Petition on the ground that the land is acquired for laying ring-road and, therefore, it would not be appropriate to quash the land acquisition proceedings. Having so opined and while dismissing the Writ Petition, the learned Single Judge, however, directed the State Government to pay interest to first Respondent at the rate of 6% Per annum in addition to the compensation payable to him. Being aggrieved by the above direction of ...

Balkrishna Breeding Farms (P) Ltd. Vs. Chief Cit

Court: Karnataka

Reported in: [2005]147TAXMAN148(Kar)

N.K. Sodhi, CJ. M/s. Balakrishna Breeding Farms (P) Ltd., is the assessee before us and the relevant assessment years are 1993-94 to 1995-96 and 1997-98. It has filed these writ appeals against the order dated 1-12-2003 Balkrishna Breeding Farms (P) Ltd. v. Chief CIT : [2004]266ITR15(KAR) , passed by the learned single Judge dismissing Writ Petitions Nos. 45504-07 of 2003 upholding the order dated 20-2-2003, passed by the Chief Commissioner of Income-tax, Bangalore, granting partial relief to the assessee in regard to the waiver of interest levied under section 234B of the Income Tax Act, 1961 (hereinafter called the Act). The facts giving rise to these appeals insofar as they are relevant, lie in a narrow compass and these may first be noticed.2. The assessee is engaged in the business of hatchery. It filed its returns of income for the relevant assessment years in time claiming, amongst others, the benefit of special deduction under sections 80HHA and 80-I of the Act. This exemption ...

Punjab and Sind Bank Vs. Gemini Fashions (P.) Ltd.

Court: Karnataka

Reported in: [2007]137CompCas426(Kar); [2007]78SCL422(Kar)

A.C. Kabbin, J.1. In this petition filed under Section 482 of the Criminal Procedure Code the petitioner before the First Additional Chief Metropolitan Magistrate., Bangalore, in Crl. Misc. No. 228 of 2005 is questioning the direction of the learned Additional Chief Metropolitan Magistrate for issuance of notice to the respondents with regard to the assistance sought for by the petitioner-secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('the Act') in taking possession of the assets and documents relating to the transaction.2. In the petition filed under Section 14 of the above-mentioned Act before the First Additional Chief Metropolitan Magistrate, Bangalore, the petitioner-bank stated that it being a secured creditor, had issued notice under Section 13(2) of the Act on 28-10-2004, demanding the respondents to repay the entire amount due to the petitioner within 60 days from the date of receipt of the notic...

The Special Land Acquisition Officer Vs. Ravi

Court: Karnataka

Reported in: ILR2005KAR2007; 2006(3)KarLJ687

Chidananda Ullal, J.1. The learned Government Pleader had argued that the Reference Court had added a sum of Rs. 1,000/- for fodder. Since the acquired land is 10 acres, a sum of Rs. 10,000/- (Rs. 1,000 x 10) has been taken and therefore, it added a sum of Rs. 10,000/- while fixing the market value of the acquired land. Having been aggrieved by the same, the appellant had preferred an appeal before the First Appeal Court and the First Appellant Court did not consider that point and therefore, the instant MSA had been filed.2. The learned Government Pleader, Sri M. Narayanappa, had produced before me a Division Bench ruling of this Court in MFA No. 881 to 884/1976 (DD 21-11-1977). The Division Bench while disposing off the common appeals had observed as hereunder:'.............. the addition of Rs. 100/- per acre under the head 'fodder' or hay, in our opinion, is not justified. In computing the net income of agricultural lands, hay is not taken in account. 50% of the gross yield of the ...

Sri Krishna Hotel Vs. Devale Nayak

Court: Karnataka

Reported in: III(2005)ACC98; IV(2005)ACC281; 2006ACJ2380; [2005(107)FLR363]; ILR2005KAR2026; 2005(4)KarLJ317

ORDERR. Gururajan, J. 1. Petitioner Krishna Hotel is before me challenging the order passed by the 2nd respondent in WCA:Misc:CR: 1/2003 Dt. 3.2.2004 vide Annexure-F.2. Facts in brief are as under: Petitioner is a proprietory concern. 1st respondent filed an application under Section 23 of the Workmen's Compensation Act, 1923, before the Commissioner for Workmen's Compensation, Hubli. It is the case of the 1st respondent that his son along with some other employees used to go to Nuchambli Bavi at the instruction of the employer to take bath as there was shortage of water in the hotel. On 1.8.2000, the deceased son of the 1st respondent went to Nuchambli Bavi and at the time of taking bath, he slipped into the well and later on he died. It was contended that the deceased son was employed by the petitioner with facilities of food and residential accommodation. 1st respondent being the dependent of the deceased son, claimed compensation of Rs. 2,50,000/- towards loss of earning and mental...

The Banahatti Co-operative Mills Limited and ors. Vs. the State of Kar ...

Court: Karnataka

Reported in: AIR2005Kant307; ILR2005KAR2559; 2005(4)KarLJ5

H.N. Nagamohan Das, J.1. These writ appeals are against the common order of the learned Single Judge dated 13-9-2004 dismissing W.P: 22715/01 and connected matters.2. Appellants are the Co-operative Societies registered under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act'). The appellants-societies are engaged in different activities like, banking, marketing spinning etc. The Director of Co-operative Audit by his notification dated 17-2-2001 bearing No. CMW. 823.CLM.96, increased the audit fee from 15 paise to 20 paise for every Rs. 100/- on the working capital or business turn over of the Societies. Pursuant to this notification, the audit of some of the societies was conducted and demand notices were issued. The appellants-societies being aggrieved by the impugned notification dated 17-2-2001 and the demand notices have questioned the same before this Court by filing writ petitions. The main contention of the appellant-societies before the learne...