Karnataka Court February 2006 Judgments

Sri Victor Sebastian S/O Hilari Karkada Vs. Smt. Thorulatha D/O John B ...

Court: Karnataka

Reported in: II(2006)DMC844; ILR2006KAR3097

R. Gururajan, J. 1. Sri. Victor Sebastian is before us aggrieved by the Judgment and Decree dated 11.8.2005 passed in MC No. 24/2002 on the file of the Civil Judge (Sr.Dn.), Udupi in this appeal.2. The appellant-husband married respondent on 8.5.1996 at U.B.M. Jublee Church, Udupi as per the customary rights of Protestant Christians. Parties are related to each other. The respondent is a daughter of appellant's mother's younger sister. Parties were knowing each other from their childhood and at the time of marriage, the appellant was working at Dubai. After marriage, at the respondent's instance, the newly married couple had rented a house and they were staying together at Udupi. After four months of the marriage, the respondent had vacated the rented house and gone to her parents house, taking away an advance deposit amount paid by the appellant to the landlord in the. matter. She did not join her husband. The respondent in the light of the amendment to the Indian Divorce Act 2001 fil...

Stovekraft Pvt. Ltd. Vs. State of Karnataka

Court: Karnataka

Reported in: ILR2006KAR3894

N. Kumar, J.1. The appellant has challenged in this appeal the order dated September 30, 2005 passed by the Authority for Clarification and Advance Rulings (hereinafter referred to as 'the authority') under Section 60 of the Karnataka Value Added Tax Act, 2003, holding the rate of tax leviable to stainless steel LPG stove is at 12.5 per cent, kerosene wick stove at 12.5 per cent and stainless steel vacuum flask at 12.5 per cent.2. The appellant is a dealer registered under the provisions of the Karnataka Value Added Tax Act, 2003 (for short, hereinafter referred to 'the KVAT Act'). It is engaged in the manufacture and sale of utensils like pressure cookers, stoves, tavas, flasks, etc. Under the Act the goods are subjected to tax under five different rates of tax under four separate Schedules and under Section 4(1)(b) of the KVAT, 2003. While the First Schedule deals with goods exempted from the tax, the Second Schedule deals with the goods which are taxable at one per cent and the Thir...

Constable Basavaraj S/O Vurpanna Vs. the Union of India (Uoi) Rep. by ...

Court: Karnataka

Reported in: ILR2007KAR485; 2006(4)KCCR2695; 2006(6)AIRKarR272

Cyriac Joseph C.J.1. Both these appeals are filed against the same judgment and hence they were heard together and are being disposed of by this common judgment.2. The writ appeals arise from W.P.No. 1469/2002. The appellant in W.A. No. 2986/2005 is the petitioner in the writ petition. The appellants in W.A.No. 3161/2005 are the respondents in the writ petition.3. The challenge in the writ petition was against the orders dated 7-10-2001 and 27-2-2002 produced as Annexures-'A' and 'K'. As per Annexure-'A', the petitioner Basavaraj who is a constable in the Border Security Force was dismissed from service with effect from 7-10-2001. As per Annexure-'K' order, the statutory petition filed by the writ petitioner against the dismissal from service was rejected.4. On the basis of an incident which took place on 30-7-2001 in the special train carrying troops from Samba to Farrakka, proceedings were initiated against the petitioner and he was tried by the Summary Security Force Court (SSFC) ti...

Gautham College of Pharmacy Vs. State of Karnataka and ors.

Court: Karnataka

ORDERN.K. Patil, J.1. The petitioner in this petition is an institution imparting education in Diploma in Pharmacy, The petitioner, assailing the correctness of the endorsement dated 17th February, 2006, vide Annexure-G, has presented the instant writ petition. Further, petitioner-institution has sought for a direction, directing the fourth respondent to announce the results of first year examination of Diploma in Pharmacy of the 8 students listed above forthwith and also direct the fourth respondent to immediately issue the admission tickets to the eight students listed at page 7 of writ petition, to enable them to appear for the ensuing supplementary examination scheduled to commence from 27th February, 2006.2. The only grievance of the petitioner-institution in the instant writ petition is that, the fourth respondent herein has not announced the results of students mentioned at Sl. Nos. 41 to 53 as per the admission list submitted to the Competent Authority claiming that they are st...

Ranga Rao Deshpande Vs. Hubli-dharwad Municipal Corporation and ors.

Court: Karnataka

ORDERN.K. Patil, J.1. The petitioner in this petition has sought for a direction, directing the respondents to pay the market price of Plot No. 25 bearing CTS No. 8/25 NL and Plot No. 78 bearing CTS No. 8/78 NL to the petitioner. Further, petitioner has sought for a direction, directing the respondents not to put up any construction or structure or alter or change the nature of the said lands in any manner whatsoever; not to effect any changes in entries in records of rights by City Survey Office, Dharwad or any other authorities in respect of the said site numbers.2. The grievance of the petitioner in the instant writ petition is that, petitioner claims to be the owner of the land bearing R.S. No. 4+14C/1 and 4+14C/2 measuring 10 acres 11 guntas, 242 sq. yards. In the said land, the petitioner intended to form sites by way of forming private layout. Accordingly, he submitted the layout plan to the Hubli-Dharwad Municipal Corporation (hereinafter called 'Corporation'), a statutory body...

The Management of Express Publications (Madurai) Limited Vs. V. Ananda ...

Court: Karnataka

Reported in: 2006(2)KarLJ423

ORDERR. Gururajan, J. W.P. No. 42694 of 2004: 1. The management of Express Publications (Madurai) Limited is before me challenging the order of the Second Additional Labour Court, Bangalore in I.D. No. 123 of 2001, dated 13-5-2004 (Annexure-A to W.P. No. 42694 of 2004). Petitioner is a limited company registered under the Indian Companies Act. It is engaged in the activity of printing and publishing newspapers. Registered Office of the petitioner is at Chennai, Petitioner-company is having branches/publishing units throughout India. One such unit is at Shimoga. Service conditions of the workmen are governed by the Certified Standing Orders. Respondent in W.P. No. 42694 of 2004, V. Ananda Rao is the son of a former Driver of one D. Vijayendra. Rao who was who was working with the petitioner-company. He died in harness. After the death of Vijayendra Rao, his widow and the respondent-V. Ananda Rao have approached the respondent for compassionate employment. Petitioner-company provided job...

Ex Cfn No. 14589670 Arul Raj Vs. P.C.D.A. (P.G. 3 Section) (Represente ...

Court: Karnataka

Reported in: 2006(2)KarLJ468

ORDERD.V. Shylendra Kumar, J.1. Writ petition by a person who had been recruited to the Indian Army as solder in the year 1985, who was unfortunately invalidated out of service in the year 1989. The invalidation from service was on the premise that the Medical Board had assessed that the petitioner was suffering from a disability to an extent of 60% and was suffering from Schizophrenia (295) and unfortunately for the petitioner also opined that it was a constitutional disorder and not connected with service.2. Petitioner who had barely put in four years of service, not only lost his job but also his pension and unfortunately he did not even get the disability pension. Petitioner has been fighting a losing battle for getting what is known as disability pension.3. Under the Army Act, 1950, the Army Rules, 1964 and Pension Regulations for Army, 1961, a person who is invalidated from service is also entitled to get what is known as disability pension, if at the time of leaving service, a p...

Adagouda Bhabu Patil Since Deceased by His Lrs and ors. Vs. the Land T ...

Court: Karnataka

Reported in: 2006(4)KarLJ297

ORDERR. Gururajan, J1. This case reflects the sorry state of affairs of unclean hands approaching this Court for relief under Article 226 of the Constitution of India. This case must be an eye opener to all the litigants in the matter of suppression of material facts for the purpose of obtaining orders from the Courts of law. Courts of law are considered to be temples of justice. Temples of justice are not to be polluted under any circumstances.2. Smt. Ratnabai w/o Adagouda Patil and her children are before me seeking for a writ of mandamus directing the 1st respondent-Land Tribunal to dispose of the application of the petitioners in respect of the petition lands in Sy.Nos. 240/1+2,241/1+2,242/1+2 of Sadalaga Village, Tal: Chikodi, Dist: Belgaum, bearing No. KLR/SR/364/1974-Sadalaga, as ordered by this Hon'ble Court by its order dated 12.10.1999 passed in W.P. No. 15052/1993, Annexure 'C' expeditiously.3. The facts narrated in the Writ Petition are as under:The lands involved in this W...

The Oriental Insurance Company Limited Vs. Smt. Sundari and ors.

Court: Karnataka

Reported in: 2007ACJ2139

B. Padmaraj, J.1. The short question involved in this appeal filed by the appellant-insurer is, whether the liability of the Insurance Company arising under the Workmen's Compensation Act extends to payment of the Principal amount of compensation computed by the Commissioner for Workmen's Compensation and interest levied Under Section 4-A(3)(a) of the Workmen's Compensation Act.2. In the instant case, the Commissioner for Workmen's Compensation having noticed that both the insurer and the insured have filed to deposit the compensation amount to which the claimants were entitled within the prescribed period, has directed both the insured and the insurer to pay interest at the rate of 6% p.a. on the principal amount of compensation computed Under Section 4-A(3)(a) of the Workmen's Compensation Act. The appellant-Insurance Company is aggrieved by that part of the order whereby the Commissioner has directed the Insurance Company to pay the interest at 6% p. a. on the principal amount of co...

D. Shivaramu Vs. State of Karnataka and anr.

Court: Karnataka

Reported in: 2006(2)KarLJ370

ORDERD.V. Shylendra Kumar, J.1. Petitioners are aggrieved by the action of the respondents, particularly, the Chief Executive Officers of the respective Zilla Panchayats, in inviting applications from eligible persons for filling up posts of Secretary, Grade II of respective Gram Panchayats, as the posts available against the backlog vacancies.2. Petitioners are working as bill collectors and clerks and their promotional avenue takes them to this post, if they are selected. However, in terms of the a Government notification/guideline issued in the year 1998, filling up of such posts was sought to be regulated by 70% by way of direct recruitment and 30% of post are earmarked for in service candidates by way of promotion.3. It appears that in the meanwhile, the Karnataka State Civil Services (Unfilled vacancies reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes) (Special Recruitment) Rules, 2001 (for short, 'the Rules'), a copy of which is produced at Ann...