Karnataka Court September 2005 Judgments

Kirloskar Ferrous Industries Ltd. Vs. State of Karnataka

Court: Karnataka

Reported in: (2007)8VST519(Karn)

ORDERD.V. Shylendra Kumar, J.1. This writ petition is being heard at length on several days, including on August 25, 2005 and while adjourning the matter for further hearing, I had noticed the following position:2. Writ petition is by a company which is a dealer under the provisions of the Karnataka Sales Tax Act, 1957 (for short, 'the Act').3. The petitioner in the course of its activity purchases iron ore from the miners, some of whom may also be registered dealers, some may not be, and claims that the iron ore is consumed for the production of pig iron which is the end-product in its manufacturing unit and sold.4. Iron ore is 'goods' within the meaning of the phrase as it occurs under the Act and is subjected to tax at the first purchase point in terms of Section 5(3)(b) of the Act read with item 1 of the Third Schedule to the Act. The rate of tax for the relevant period, i.e., from April 1, 2001 to March 31, 2002 with which alone we are concerned, was at 10 per cent of the purchase...

North West Karnataka Road Transport Corporation Vs. Dundappa Ramappa R ...

Court: Karnataka

Reported in: 2006ACJ2100

K. Sreedhar Rao, J.1. Petitioner in M.V.C. No. 1283 of 1995 sustained crush injury in the middle of the left leg in the motor vehicle accident. Petitioner took treatment at Ramdurg Hospital and at the K.M.C. Hospital, Hubli. Petitioner was an inpatient for about a month and continued treatment as an outpatient. Petitioner died during the pendency of the petition. His legal representatives have been brought on record. Accident occurred on 18.3.1995. The petitioner died on 13.10.1997. On the basis of the evidence of the homoeopathy doctor, PW 3, the Tribunal holds that the death is on account of injuries sustained in the accident and awarded compensation of Rs. 82,000 with interest at 9 per cent from the date of petition till the date of payment. The K.S.R.T.C. is in appeal.2. The finding of the Claims Tribunal that death is on account of the injuries sustained in the accident only on the basis of oral evidence of homoeopathic doctor is untenable. There is no evidence to show that petiti...

North West Karnataka Road Transport Corporation Vs. Dundappa Ramappa R ...

Court: Karnataka

Reported in: II(2007)ACC312

K. Sreedhar Rao, J.1. Petitioner in M.V.C. No. 1283 of 1995 sustained crush injury in the middle of the left leg in the motor vehicle accident. Petitioner took treatment at Ramdurg Hospital and at the K.M.C. Hospital, Hubli. Petitioner was an in patient for about a month and continued treatment as an out patient. Petitioner died during the pendency of the petition. His legal representatives have been brought on record. Accident occurred on 18.3.1995. The petitioner died on 13.10.1997. On the basis of the evidence of the Homoeopathy doctor, PW 3, the Tribunal holds that the death is on account of injuries sustained in the accident and awarded compensation of Rs. 82,000 with interest at 9 per cent from the date of petition till the date of payment. The K.S.R.T.C. is in appeal.2. The finding of the Claims Tribunal that death is on account of the injuries sustained in the accident only on the basis of oral evidence of Homoeopathic doctor is untenable. There is no evidence to show that peti...

The Oriental Insurance Company Limited Vs. H.A. Ramegowda and ors.

Court: Karnataka

K. Sreedhar Rao, J.1. The petitioner in M.V.C. No. 301 of 1996 sustained personal injuries in the motor vehicle accident. The Tribunal awarded a compensation of Rs. 1,70,500/- with interest at 6% from the date of petition till payment. The Tribunal directed the insurer to pay the compensation. The insurer is in appeal seeking avoidance of the liability.2. The material portions of the discussion with regard to the insurance policy is found in para 14 of the judgment, which is extracted hereunder:In the written statement there is contention of respondent 2 that as on the date of accident there was no valid insurance coverage on the vehicle. And says that insurance validly covered from 18-5-1993 to 17-5-1994 and admittedly the accident having taken place on 11-5-1993 and hence he is not liable to pay any compensation. In this regard, the respondent 2 has failed to disclose to the Court whether there was valid coverage of insurance on the vehicle to the earlier period or not, and also fail...

N. Chinnaraju and anr. Vs. the General Manager, Malleshwaram Co-operat ...

Court: Karnataka

ORDERN.K. Patil, J.1. The petitioners, assailing the correctness of the order dated 19th August, 2002 in dispute bearing No, DRBI/DIS/2613/2001-02 and the order dated 1st July, 2004 in Appeal No. 542 of 2003 on the file of the Karnataka Appellate Tribunal, Bangalore and also the public auction notices issued dated 25th July, 2005 in Forms VIII and IX both issued under Rule 38(2)(d) of the Karnataka Co-operative Societies Rules, 1960 on the file of second respondent, vide Annexures-A, B, D and E respectively, have presented the instant writ petition. Further, they have sought for a direction, directing the first respondent to act on Annexure-C and C1 and to grant concession on OTS basis as per RBI guidelines for One Time Settlement.2. The grievance of the petitioners in the instant writ petition is that, the first petitioner had availed the loan from the first respondent-Malleshwaram Co-operative Bank Limited (hereinafter called the 'Bank') for a sum of Rs. 5 lakhs for the purpose of co...

M.T. Narayanagowda Vs. Smt. Machamma

Court: Karnataka

Reported in: ILR2005KAR182; 2005(6)KarLJ116

ORDERD.V. Shylendra Kumar, J.1. Writ petition by a person who has suffered an eviction order dated 15-2-2000 passed under proviso (j) to Sub-section (1) of Section 21 of the Karnataka Rent Control Act, 1961 ('the 1961 Act' for short), that the landlord wanted the premises for the purpose of demolition and reconstruction questioning the legality of this order on the premise that the order is one without jurisdiction; that which could not have been passed under the provisions of the Act; that the provisions of the Act were never attracted to the situation and as such the order deserves to be quashed.2. The brief facts leading to the above petition are that the respondent claiming to be the owner of the schedule premises instituted an eviction petition in H.R.C. No. 1 of 1994 on the file of the Munsiff at Ghamiapatna under proviso (j) to Sub-section (1) of Section 21 of the Act on the premise that the premises is reasonably and bona fide required by the landlord for the immediate purpose ...

Srimauli Builders Vs. Bangalore Water Supply and Sewerage Board and or ...

Court: Karnataka

Reported in: IV(2006)BC199; 2005(6)KarLJ216

V. Jagannathan, J.1. The common order passed by a learned Single Judge of this Court upholding the validity of the termination of contracts entrusted to M/s. Srimauli Builders (the appellant herein) by the respondent-Bangalore Water Supply and Sewerage Board ('the Board' in short) has given rise to these two appeals. As the parties to the writ petitions were one and the same and termination of contracts was on identical grounds and the questions involved being common, the learned Single Judge passed a common order in the writ petitions and we propose to do the same.2. The facts giving rise to these two appeals can be stated in brief as under:Bangalore Water Supply and Sewerage Board, the respondent herein, invited tenders in respect of the work relating replacement of existing trunk sewers and the laying of new trunk sewers under National River Conservation Plan (NRCP funding) in Koramangala Valley and also in Challaghatta Valley and the value of the two contracts was to the tune of Rs...

Smt. Bangarevva and ors. Vs. Kamalavva and ors.

Court: Karnataka

Reported in: I(2006)ACC265; 2007ACJ210; ILR2005KAR5734

K. Sreedhar Rao, J.1. The deceased in MVC. 1/1995 is one Rachappa Puttappa Chakrasali died in a motor vehicle accident. The deceased is said to be coolie working in a rice mill. His income is stated to be assessed at Rs. 450/- per month as per petition averments wife and children are the petitioner Besides, the mother is impleaded as pro-forma 1st respondent in the appeal.2. As per unit system, Rs. 90/- has to be deducted towards personal expenses. Thus the total loss of dependency would be Rs. 64,800/- (Rs. 360/-x12x15 multiplier). The wife is entitled to Rs. 10,000/- for loss of consortium. The petitioners-appellants together entitled to Rs. 10,000/- for loss of expectancy and Rs. 3,000/- for funeral expenses. In all, the petitioners-appellants are entitled to a compensation of Rs. 87,800/- payable with interest at 6% from the date of petition till payment.3. The Tribunal has dismissed the petition on the ground that the petitioners-appellants have failed to prove the negligence. The...

Asset Engineering Represented by Its Proprietor, Mr. Y.C. Kallinatha V ...

Court: Karnataka

Reported in: 2006(1)KarLJ202

ORDERD.V. Shylendra Kumar, J.1. Writ petition is by Proprietary Engineering concern, who had occasion to import consignment known as 'CNC Controller Package' from Siemens AG, Postfach 3180, Eriangen, Germany. The consignment it appears had arrived in India from Lufthansa Airlines and was disembarked on 26.12.2000 and found shelter in the premises of 1st respondent - M/s. Mysore Sales International Limited, acting as a custodian in terms of the provisions of Section 45 of the Customs Act, 1962. The goods imported are meant for domestic consumption and can be cleared on payment of proper duty in terms of the provisions of Sections 46 and 47 of the Act. The complaint is not so much about the clearance, but of the non-clearance.2. Grievance of the petitioner is that in spite of paying duty as has been assessed by the customs authority as on 26.3.2001, when the petitioner went for inspection and clearance of the goods, the petitioner was stumped by the action on the part of the custodian in...

Divisional Commercial Manager, Southern Railway and ors. Vs. K. Vijayk ...

Court: Karnataka

Reported in: AIR2006Kant41; 2006(4)KarLJ423

S.R. Nayak, J.1. The respondent at the relevant point of time was working as Ticket Collector/Sleeper Depot at Bangalore City Railway Station. On 20-6-1995 he submitted a report to the railway police complaining loss of his briefcase containing among other things the following cash value books of Southern Railway, Bangalore Division as follows :--(a) Local Excess Fare Ticket Book No. 635950 to 635999;(b) Foreign EFT book 191205 to 191299;(c) Rs. 10/- coupon book Nos. 73081 -099 and 1425550 and 551;(d) Rs. 15/-coupon book Nos. 18 to 941 to 949;(e) Used Local EFT book 780350 to 790399;(f) Foreign DPF Book;(g) Lower Class Certificate Book;(h) Rough Journal Book and other personal belongings.The department having conducted enquiry envisaged under Rule 229 of the Indian Railway Commercial Manual Rules (for short 'Rules') directed recovery of the amount of loss occasioned on account of the loss of the tickets valued at Rs. 35,611/-from the salary of the respondent. Being aggrieved by the sai...