Karnataka Court December 2006 Judgments

The Branch Head, Idbi Bank Ltd., Central Processing Unit, the Regional ...

Court: Karnataka

Reported in: ILR2007(1)KarSN6; 2007(2)KCCR824(DB)

1. This appeal is filed by the defendants challenging the judgment and decree dated 25/3/06 in O.S. 225/03 on the file of learned Principal Civil Judge, Hubli.2. Though the matter was posted for orders to consider I.A.II/06 filed by the respondent for withdrawal of money deposited by appellants in this Court since the trial court records of the case are available and as per the request of both the sides, the dispute being within narrow compass and as paper books are already filed, the main appeal itself is taken up for consideration and being disposed of by this judgment.3. The brief facts giving rise to the present appeal are as follows:The respondent/plaintiff is a cooperative bank parrying on cooperative banking business at Hubli. It entered into a Memorandum of Understanding (hereinafter referred to as MOU) with the defendant Banks represented by defendant No.4 Branch with an intention to facilitate the clients for transactions.4. Under the Memorandum of Understanding coupled with ...

C.V. Manjula W/O K.C. Shankar Vs. the State of Karnataka Rep. by Its S ...

Court: Karnataka

Reported in: ILR2007KAR130; 2007(2)KCCR1028; 2007(2)AIRKarR128

ORDERN.K. Patil, J.1. Petitioner herein questioning the impugned communication/endorsement dated 12th August 2003 bearing No. (Sic) & 550:2001-02: (Sic) vide Annexure L, issued by second respondent, has presented the instant writ petition. Further, petitioner has sought for a direction, directing the respondents to consider the representation of the petitioner dated 3rd January 2005 vide Annexure N and release the salary of the petitioner withheld with effect from August 2002 along with interest @ 18% per annum.2. The only grievance of the petitioner in the instant writ petition is that, petitioner was a Lecturer in 'Sociology' in the fifth respondent - Evening College. As per the Government Order dated 9th May 2001, in view, of bifurcation of the P.U. Course from the Composite First Grade Evening College from the academic year 2001-02, vide Annexure D, the fifth respondent - Evening College was closed from the academic year 2001-02. In the said order dated 9th May 2001, it has been sp...

Smt. Shantabai W/O Mahadev Hishobkar Vs. Sri Krishna S/O Yallappa Pati ...

Court: Karnataka

Reported in: ILR2007KAR363; 2007(3)KarLJ188; 2007(1)KCCR639; 2007(1)AIRKarR602

D.V. Shylendra Kumar, J.1. This Second appeal is by the plaintiff in O.S.No. 77/89 on the file of the Court of the First Additional Munsiff, Belgaum who had sought for specific performance of an agreement for sale of the suit schedule property - a vacant site measuring 40' X 60' located in Balgaum Town agreed to be conveyed for a consideration of Rs. 3,500/- under an agreement dated 16.3.1972 at which time, an advance of Rs. 1,500/- had been paid.2. The agreement as such was not disputed by the defendant. The only defence put forth by the defendant was that the property having been located in an urban agglomeration, for conveying the property the owner vas required to obtain prior permission from the authorities under the Urban Land Ceiling Act, 1976 and though the defendant had made an attempt on two occasions for such purpose, the permission having been declined, the defendant vas not in a position to execute the sale deed and therefore, prayed Tor dismissal of the suit.3. Learned Ju...

Vishnudas Vs. Mr. Vijaya Mahantesh

Court: Karnataka

Reported in: I(2008)BC266; 2007(3)KarLJ122; 2007(2)AIRKarR326; AIR2007NOC951.

V.G. Sabhahit, J.1. This appeal is filed against the judgment dated 3-7-2006 passed by the learned Judicial Magistrate First Class, Bijapur, acquitting the respondent of having committed the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.2. The appellant is the complainant before the Trial Court and it is his case that respondent had issued a cheque for Rs. 25,000/- along with a letter dated 10-10-2000 authorising the complainant to fill in the date and the amount towards the amount which may become due towards the price of cement supplied to the respondent and when the cheque was presented on 14-8-2002 for encashment, the same was returned with an endorsement 'account is closed'. Thereafter, notice was issued on 30-8-2002 which was returned as not claimed on 17-9-2002 and wherefore the complaint. The respondent pleaded not guilty and claimed to be tried.3. On behalf of the complainant, power of attorney holder was examined as P.W. 1 and he examined himsel...

The Deputy Director Esi Corporation Vs. the Proprietor Summer Palace R ...

Court: Karnataka

Reported in: 2007(2)KarLJ81; (2007)2LLJ1024Kant

V. Jagannathah, J.1. M/s Summer Palace Resorts situated at Ullal, Mangalore, was covered under the ESI scheme from 1.1.1999 based on Form No. 01 submitted by the establishment and as the said Form No. 01 indicated the total number of employees working in the establishment was eleven, the ESI Corporation (appellant herein) issued a Form C-II notice dated 19.2.1999, regarding coverage from 1.1.1999 and this was followed by another notice C-18 dated 20.12.2000, demanding Rs. 25,063/- paid towards security service and the last of the notices D-18 was issued on 24.1.2002, demanding damages under Section 85(b) of the Employees Stats insurance Act, 1948 (for short 'the Act'). The respondent-Hotel challenged the said notices before the ESI Court contending that the respondent is not coverable under the Act as the number of employees did not exceed more than seven at any point of time. It was also contended before the ESI Court that the security personnel numbering four were not the employees o...

The Branch Manager L.i.C. of India Represented by Senior Divisional Ma ...

Court: Karnataka

Reported in: 2007ACJ2276; 2007(2)KarLJ142; 2007(1)KCCR478; 2007(2)AIRKarR174; AIR2007NOC652; 2007ACJIV2276(DB)

ORDER1. Life Insurance Corporation of India is before us challenging the Judgment and Decree passed by the learned Civil Judge (Sr.Dn), T. Narasipura in O.S.No. 59/2004.2. The deceased T.S. Dasaratha took an insurance Policy bearing No. 720978441 under Plan-Term 14-20 with half-yearly mode. The date of commencement was 15.3.2000. Sum assured was Rs. 3,00,000/-. The life assured paid the premium for 2 years and subsequently he expired on 3.11.2002 due to vital Centre failure and paralytic stroke. An investigation was conducted. Thereafter, according to the appellant, the deceased life assured was treated as an inpatient in Sitaranga Hospital, Mysore on 19.1.1999 and was discharged on 22.1.1999. During the treatment Echo-cardiograph was taken and confirmed that he was an hypertension patient. It further reveals that he was a chain smoker and alcoholic. The appellant-Corporation therefore, repudiated the claim made by the respondent on the plea that the deceased life assured had suppresse...

Sri. P. Hanumanthappa S/O. Late Sri. Dasappa Vs. the Home Secretary, t ...

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. Writ petition is by a person, who was a prisoner in the Bangalore Central Prisons at Parappana Agrahara, Bangalore, serving life sentence and whose life sentence had been remitted in terms of a Government Order No. HD 164 PRA-98 dated 2.9.1998, which was an order of remission granted by the Governor of the State of Karnataka in exercise of his constitutional powers under Article 161 of the Constitution of India, petitioner had in fact been released in pursuance of this order on 44.1998, but had nevertheless been taken back into custody, made to languish in jail up to 14.8.1999 on which day he was released giving effect to the order of remission only after the petitioner made Herculean efforts to seek for such release by not only representing to various authorities, but also petitioning the National Human Rights Commission to issue directions to the Jail authorities to hold an enquiry about the justification or otherwise for the continued detention of the...

Ossoor Estates Ltd., Reptd. by Its Manager, (Accounts and Administrati ...

Court: Karnataka

Reported in: ILR2007KAR36; 2007(2)KCCR1032; 2007(1)AIRKarR506; 2007(2)AIRKarR102(DB)

ORDERH.L. Dattu, J.1. An interesting question of law would arise for our consideration and decision in this revision petition. The question is, whether the turnover tax paid by the assessee under the provisions of the Karnataka Sales Tax Act, 1957 ('KST Act' for short) can he be claiming deductions under the provisions of Karnataka Agricultural Income Tax Act, 1957?2. The basic facts are:The assessee is a Public Limited Company. It has large extent of coffee plantation. For the assessment year 2001-2002, the assessee had filed its return of income before the assessing authority and had claimed deductions of the turnover tax paid by it as a 'trader' under the provisions of KST Act. The assessing authority, after issuing a proposition notice and after considering the objections filed by the assessee, has rejected the claim of the assessee. The assessee had unsuccessfully carried the matter before the first appellate authority as well as before the Income Tax Appellate Tribunal (Tribunal'...

Srinivasamurthy and ors. Vs. the Chairman, Karnataka State Electricity ...

Court: Karnataka

Reported in: ILR2007KAR125; 2007(1)KarLJ128

ORDERD.V. Shylendra Kumar, J.1. Writ petition by persons who are agitating for grant of compensation due to the death of their kin, who according to the petitioners, had died because of electrocution i.e. a high tension power line which is drawn and maintained by the second respondent -BESCOM - snapped and fell on the ground and person came in contact with the barbed wire fence on which the power line had fallen, through which electricity was conducted electrocuting, resulting in the death of the person.2. The version of the petitioners is that they sought for a compensation of Rs. 10.00 lakh before the first respondent - Karnataka Electricity Regulation Commission, Bangalore - a statutory commission constituted under the provisions of Karnataka Electricity Reforms Act, 1999 (Act No.25 of 1999) and continued under the proviso to Section 82 of the Electricity Act, 2003 (for short, the Act), by filing a petition under Section 67(4) of the Act. That petition having been dismissed on the p...

M.N. Sujatha W/O L.K. Mukunda Vs. the Chairman, Karnataka Vikas Gramee ...

Court: Karnataka

Reported in: 2007(2)KarLJ112ILR; 2007(1)KarSN11; 2007(1)KCCR292; 2007(3)AIRKarR282

N.K. Patil, J.1. In the instant case, petitioner has sought for a direction, directing the respondents to make an order of appointment and posting immediately taking the petitioner to the clerical cadre post in the existing vacancies in the respondent - Bank as per their Notification dated 29th April 2006 and also the letter of appointment/selection issued to the petitioner dated 30th May 1989 vide Annexure C. Further, petitioner has sought for calling the records from the Office of the respondents in connection with the selection process which was done in the year 1989.2. The grievance of the petitioner in the instant writ petition is that, the petitioner had earlier applied for the post of 'Clerk cum cashier' in the Regional Rural Bank through the then Banking Service Recruitment Board in the year 1989. She was selected and a communication dated 30th May 1089 was issued to the petitioner in Reference No. PSD/89 intimating that she has been selected to the post of Probationary Junior ...