Karnataka Court September 2005 Judgments

Wipro Technologies Vs. State of Karnataka and anr.

Court: Karnataka

Reported in: (2007)7VST246(Karn)

ORDERD.V. Shylendra Kumar, J.1. Writ petition is by a dealer under the provisions of the Karnataka Sales Tax Act, 1957 (for short, 'the Act') whose second appeal is pending before the Karnataka Appellate Tribunal.2. It appears that the Tribunal, during the pendency of the appeal, had granted certain interim orders which enured to the benefit of the petitioner. But, unfortunately for the petitioner, such interim orders having ceased in terms of the operation of provisions of second proviso to Sub-section (5) of Section 22 of the Act which read as under:Provided further that the Appellate Tribunal shall dispose of such appeal within a period of one hundred eighty days from the date of the order staying proceedings of recovery of one half of tax or other amount and, if such appeal is not so disposed of within the period specified, the order of stay shall stand vacated after the said period and the Appellate Tribunal shall not make any further order staying proceedings of recovery of the s...

Sri Rameshappa Vs. Sri Rudrappa Pattanashetty

Court: Karnataka

Reported in: ILR2005KAR5202; 2006(5)KarLJ495

ORDERBhakthavatsala, J.1. This is tenant's Revision Petition filed under Section 115 of the Code of Civil Procedure, challenging the order dated 11.7.2005 made in un-numbered Revision Petition(R).../05 on the file of District Judge at Davanagere.2. The petitioner/tenant is represented by Sri G.M. Chandrashekar. The Respondent is represented by Sri M. Ram Bhat.3. With the consent of the Learned Counsel for the parties, heard arguments for final disposal.4. The brief facts of the case leading to the filing of the Revision Petition may be stated as under:The Respondent/land lord filed LA-1 under Section 29(1) of the Karnataka Rent Control Act, 1961 in HRC No. 9/2001 on the file of Principal Civil Judge (Junior Division) at Davangere, seeking direction to the tenant to deposit the arrears of rent in a sum of Rs. 36,800/-due as on 28.2.2002, within stipulated time, and also to deposit the current rents regularly as and when it falls due. The Trial Court, after hearing arguments, by an order...

Holeyappa and ors. Vs. State of Karnataka Represented by Its Secretary ...

Court: Karnataka

Reported in: ILR2005KAR5437; 2006(5)KarLJ200

ORDERD.V. Shylendra Kumar, J.1. Writ Petition by persons who claim to be in unauthorised possession and cultivation of certain extents of land in Sy. No. 32 of Chikka Sakuna Village, Soraba Taluk, Shimoga District praying for issue of a writ of mandamus to the respondents to direct them to consider the application of the petitioners for regularisation of their unauthorised possession and cultivation.2. It is the version of the petitioners that they have been in possession and cultivation of these lands for the past over 20 years; that the petitioners have also filed application in Form No. 53 praying for regularization of their unauthorised cultivation; that such applications are pending before the authorities.3. It is further averred that on the filing of the applications the authorities had taken steps for verifying the claim of the petitioners; that the matter had progressed up-to the stage of preparing a sketch by spot inspection of the land by certain lower level officials of the ...

R. Lakshminarayanan Vs. Inspector of Police Cbi

Court: Karnataka

Reported in: 2005CriLJ4621; ILR2005KAR5479; 2006(6)KarLJ443

ORDERMohan Shantanagoudar, J.1. With the consent of both parties, matter is taken up for final disposal. Heard both the Counsels and perused the material on record.2. Assailing the correctness of the order dated 15.03 2004 passed by the XXI Additional City Civil and Sessions Judge, Bangalore in Criminal Revision Petition No. 465/2003 Whereby, the learned Sessions Judge has dismissed the revision petition confirming the order dated 16.03.2001 passed by the learned 1st Additional Chief Metropolitan Magistrate in C.C. No. 2251/1994, by which the application filed by the petitioner Under Section 91 Cr. P.C. to call for the statements of PW-3(CW-4) made before the Reserve Bank of India as well as before the Inspector of Police of C.B.I in R.C. No. 18/ 1992, is rejected.3. The application filed by accused-petitioner herein Under Section. 91 of Cr.P.C., discloses that C.W. 3 R. Ganesh (P. W. 4) has made certain statements before the Central Bureau of Investigation (CBI for short) and before t...

G.A. Wahid Khan Vs. Gruha Nirmana Sahakara Sangha, K.R. Nagara and ors ...

Court: Karnataka

ORDERN.K. Patil, J.1. Petitioner in this petition, questioning the legality and validity of the award passed in Miscellaneous Dispute No. 4 of 1997-98 on the file of the second respondent-Assistant Registrar of Co-operative Societies, Hunsur Sub-Division, Hunsur, Mysore District and also the order passed by the Karnataka Appellate Tribunal, Bangalore in Appeal No. 509 of 1998, dated 2nd September, 1998 and 16th May, 2002 respectively vide Annexure-A and C, as illegal and unsustainable, has presented the instant writ petition.2. The grievance of the petitioner in the instant writ petition is that, he was the former Director and former Honorary Secretary of the first respondent-Gruha Nirmana Sahakara Sangha (hereinafter called 'Sangha'). The first respondent-Sangha has passed the resolution dated 8th February, 2004 authorising the petitioner to purchase the land referred to in the original proceedings as the suit schedule land. Further, an agreement to purchase the said land has been exe...

Commissioner of Income Tax and anr. Vs. P. Surendra Prabhu

Court: Karnataka

Reported in: (2005)198CTR(Kar)209; ILR2005KAR5906; [2005]279ITR402(KAR); [2005]279ITR402(Karn)

H.L. Dattu, J.1. Since the issues involved in these two appeals are inter-related, they are heard together and disposed of by this common judgment.2. The facts in IT Appeal No. 189/2005 are as under:The assessee was an employee of Canara Bank, which is a nationalised bank. The bank had floated a scheme called Canara Bank Employees Special Voluntary Retirement Scheme ('Voluntary Retirement Scheme' for short). The objective of the scheme is to have an ideal manpower for the bank and to have optimum human resources in keeping with the business strategies, skill profile towards achieving a balanced age profile and meeting the latest requirements of the bank. The scheme, apart from others, provides eligibility criteria, benefits available under the scheme, and other general conditions. The scheme is available to all permanent workmen/officer employees of the bank, provided they have completed fifteen (15) years of actual service or forty (40) years of age and the eligibility to be reckoned ...

Krishna and anr. Vs. Kedarnath and ors.

Court: Karnataka

Reported in: AIR2006Kant21; III(2006)BC9; [2006]133CompCas700(Kar); ILR2005KAR5338; 2005(6)KarLJ337; [2006]66SCL260(Kar)

V. Gopala Gowda, J.1. These two appeals are filed against the orders dated 10-1-2005 passed by the trial Court on LA. II filed by the UCO Bank under Order VII Rule II CPC rejecting the plaints holding that the suits are barred under Clause (d). The rejection of plaints amounts to Decrees and therefore appeals are filed.2. The facts and question of law involved in both the appeals are common and hence they are heard together and disposed of by this common judgment.3. The brief facts leading to these appeals are that, UCO Bank has given loan by mortgaging some properties, Since default was committed by the borrowers in the matter of repayment, the Bank approached the Debt. Recovery Tribunal and steps had been taken to sell the mortgaged properties in public auction. At that juncture, the plaintiffs filed the suits for partition of the joint family properties, which also includes the properties mortgaged to the Bank, and obtained status quo order. In those circumstances, the Bank filed I....

Ranganayakamma Vs. K.S. Prakash

Court: Karnataka

Reported in: AIR2005Kant426; 2006(3)KarLJ177

1. This appeal is by the plaintiffs calling in question the legality and validity of the judgment and decree dated 27-5-1997 passed in O.S. 1760/1990 on the file of the XII Addl. City Civil Judge, (CCH 14) Bangalore.2. The plaint averments, in brief, are : Appellants and respondents 3 to 8 are daughters while respondents 1 and 2 the sons of late K. Srinivasulu, Respondents 9 and 10 are the tenants of items 2 and 3 of the suit schedule immovable properties, respectively.3. The suit is one for partition and separate possession of 1/10th share each, of the plaintiffs, in the suit schedule properties and 1/10th share each, in their mother's l/3rd share, In item No. 2 to the suit schedule properties. Sri K. Srinivasulu did originally hail from Dharmavaram, in Cuddappah District, of Andhra Pradesh, and having set up business in Bangalore, was eventually a successful silk and cloth merchant. The said K. Srinivasulu died intestate on 22-12-1970 leaving behind extensive properties both movable ...

Miss. Ameena Moosa Vs. Industrial, Credit and Development Syndicate Li ...

Court: Karnataka

Reported in: 2005(6)KarLJ397

K. Sreedhar Rao, J. 1. The appellant-M/s. Industrial Credit and Development Syndicate Limited (I.C.D.S.) took up construction of high-rise building popularly called 'Manipal Centre' in the year 1986. One of the writ petitioner's Mrs. Ameena Moosa objected to the construction by filing a suit in O.S. No. 10481 of 1987 on the file of City Civil Court, Bangalore seeking injunction against the appellant from construction of the building on the ground that the construction is damaging her compound wall. The Civil Court granted ad interim ex parte injunction. After hearing the I.C.D.S., the interim order was not extended. Mrs. Ameena Moosa discontinued her pursuit before the Civil Court and filed the writ petition along with six others in W.P. Nos. 25142 to 25148 of 1990.2. Preceding the above writ petitions one Rajesh Bhandia filed W.P No. 12681 of 1990 alleging construction of the building 'Manipal Centre' in violation of the building bye-laws and sanctioned plan and sought demolition of t...

Branch Manager, United India Insurance Co. Ltd., Belgaum Branch Vs. Na ...

Court: Karnataka

Reported in: III(2006)ACC260; AIR2006Kant40; 2006(2)KarLJ611

K. Sreedhar Rao, J.1. The deceased in MVC 1535/96 is one Kumar Snehal alias Vishal Navinchandra Patel, minor boy aged about 11 years. The Tribunal awarded compensation of Rs. 304176.83 paise with interest at 9% p.a., from the date of petition till realisation. This Court in Smt. Puttamma v. D.V. Krishnappa reported in ILR 1999 Kar SN. No. 69 has held that the minimum compensation payable in case of death of minor child is Rs. 150000/-. The parents are the petitioners and they contend that after the death of their child the mother had to go for artificial insemination for begetting a child, for which, it is said that they spent Rs. 12,4000/-. The said amount is also claimed as damages. The treatment taken by the petitioners to beget a child by artificial insemination is only a remote consequence and not an immediate consequence of the actionable injury.2. In that view, the petitioners are entitled to a compensation of Rs. 15,0000/-with interest at 6% p.a., from the date of petition till...