Karnataka Court February 2006 Judgments

Shreyas Agro Services Pvt. Ltd. Vs. Chandrakumar S.B.

Court: Karnataka

Reported in: II(2007)BC357; 2006CriLJ3140; 2007(6)KarLJ237;

K. Sreedhar Rao, J.1. The appellant-company was supplying the products on credit to dealers. The respondent-accused is one of the dealers of the appellant. It is said that the cheque Ex. P. 1 issued by the accused for discharge of the credit liability is dishonoured. The statutory legal notice is issued in time. The prosecution is launched within the period of limitation envisaged Under Section 138 of the N.I. Act.2. The admitted facts disclose that the accused issued a signed blank cheque in question to the appellant with a liberty to fill up the other necessary particulars. The appellant has filled up the amount due as Rs. 1,92,406/-. But in the cross-examination of P.W. 1, it is admitted that the company has issued circular instructions to all its dealers to deposit signed blank cheques as a security for credit supply. The object of such insistence is to see that if there is a default on the part of the dealer, the company would fill up the cheque showing the amount due as on that d...

Bangalore Metropolitan Transport Corporation Vs. D. Kempanna

Court: Karnataka

Reported in: [2006(110)FLR359]; 2006(2)KarLJ247

ORDERMohan Shantanagoudar, J.1. By the impugned award, the Labour Court allowed the petition in part filed by the workman under Section 10(4-A) of the Industrial Disputes Act, 1947 ('Act' for short) and consequently, directed the Bangalore Metropolitan Transport Corporation ('Corporation' for short) to reinstate the workman into service with continuity of service, but without back wages. Assailing the correctness of the said award dated 6-12-2004 passed by the Additional Labour Court, Bangalore, in I.D. No. 25 of 2001, the management-KSRTC has filed Writ Petition No. 23516 of 2005, praying for setting aside the award passed by the Labour Court, whereas, the workman filed Writ Petition No. [24229] of 2005 praying for quashing of the award to the extent it denies back wages to him.2. The charge levelled against the workman is that he secured the job of conductor in the establishment of 'Corporation' by producing bogus marks-card and transfer certificate allegedly issued by Government Jun...

Karnataka State Road Transport Corporation Vs. S.D. Bandi

Court: Karnataka

Reported in: [2006(110)FLR333]; ILR2006KAR2269; 2006(2)KarLJ511

ORDERAnand Byrareddy, J.1. The facts giving rise to this petition are as follows.-The respondent is a driver with the petitioner, the Karnataka Road Transport Corporation, Central Offices, Bangalore (hereinafter referred to as 'the Corporation' for short). He was issued with Articles of Charge, dated 28-2-1993. The charge levelled against him was that he was found participating in a gate meeting held on 10-12-1993 on the premises of the petitioner. It was further alleged that he attempted to assault the Depot Security Officer. On this basis, an enquiry was initiated and he was found guilty of the charges. By a final order dated 19-5-1994, the Disciplinary Authority reduced the pay of the respondent by one incremental stage permanently. The respondent having raised a dispute, the same was referred in Reference No. 21 of 1997 by an order dated 18-12-1996. The Industrial Tribunal, Mysore (hereinafter referred to as 'the Tribunal' for brevity), by an order dated 23-12-1998, accepted the re...

Al-karam Associates Represented by Its Managing Partner Sri. Anees-ur- ...

Court: Karnataka

Reported in: AIR2007Kant26

ORDERAjit J. Gunjal, J.1. The petitioner herein claims to be a partnership firm which has taken up a. project of construction of hotel at Hospital road, Bangalore. It is the case of the petitioner that to implement and advance tourism policy in Karnataka, the Government of Karnataka has come out with a Government Order dated 20.01.2003 bearing No. ITKC/296/TTT/2000, a copy of which is produced at Annexure 'A' of the paper book. The said Government order would indicate that in order to encourage the private sector's participation in all tourism related activities in the State, various incentives and concessions are extended to Tourism units during the Tourism Policy period between 2002 to 2007. Amongst the various tourism infra structure to be provided to advance the cause of tourism, certain projects were envisaged in the Government Order and identified for the encouragement and development of tourism in the State, one of them being construction of Hotels consisting of boarding and lod...

The Managing Director, Karnataka Milk Federation Limited and ors. Vs. ...

Court: Karnataka

Reported in: 2006(6)AIRKarR141(DB)

Cyriac Joseph C.J.1. This Writ Appeal is filed against the judgment dated 24.10.2005 in Writ Petition No. 27441/2004. The appellants are respondents in the Writ Petition.2. The main challenge in the Writ Petition was Annexure-'B' dated 24.6.2004 issued by the Commissioner for Labour, As per Annexure-'B', the Labour Commissioner rejected the petition dated 25.2.2004 submitted by the Principal Secretary, Karnataka Milk Federation Employees Federation Ltd., Bangalore for reference of an industrial dispute under the provisions of the Industrial Disputes Act. The Labour Commissioner rejected the petition on the ground that in view of a Full Bench decision of the High Court of Karnataka, in Writ Petition Nos. 14792-14804/1998 and the amendment of Section 70 of the Karnataka Co-operative Societies Act, 1959, the dispute between a Co-operative society and its workers will not come within the purview of the Labour Court. According to the Labour Commissioner, the petition dated 25.2.2004 sought ...

K. Anand Vs. State of Karnataka and anr.

Court: Karnataka

Reported in: ILR2006KAR1888; 2006(2)KarLJ360

ORDERN.K. Patil, J.1. The petitioner questioning the legality and validity of the order dated 20-1-2006 in proceedings No. KA/IM/PARAVAVI/TENDER/CHI.PURA/ SA.IM. 1/05-06,3584 vide Annexure-C on the file of the 2nd respondent filed the instant writ petition. Further the petitioner sought for a direction to the 2nd respondent-authority to issue work orders.2. The grievance made by the petitioner in the instant petition is that, he claiming to be Class II, Civil Contractor-cum-a Gram Panchayat member of the Thimmanayakanahalli Panchayat has filed his tender pursuance to the tender notification issued by the 2nd respondent dated 16-9-2005 vide Annexure-R1 produced by the 2nd respondent along with his objections. His tender being the lowest amongst other contractors who have participated in the tender, the same has been accepted without any justification, he was under a fond hope that he will get the work order from the Competent Authority-2nd respondent. Be that as it may. To the shock and...

Commissioner of Income Tax Vs. Mysore Wine Products Ltd.

Court: Karnataka

N. Kumar, J.1. The Tribunal on an application filed by the Revenue has referred the following questions of law for our opinion under Section 256(1) of the IT Act, 1961 (for short hereinafter referred to as 'the Act'):1. Whether, on the facts and in the circumstancesof the case, the Tribunal was right in holding that the expenses as claimed by the assessee constituted its genuine business expenses and that the same were allowable under Section 37(1) of the IT Act, 1961 ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the interest shown as payable to M/s McDowell & Co. was actually allowable ?2. The facts which led to this reference are briefly stated as hereunder:The respondent-assesses M/s Mysore Wine Products Ltd. is a company which is a wholly owned subsidiary of M/s Consolidated Investments Ltd., which in its turn, is again a wholly owned subsidiary of M/s United Breweries Ltd. M/s McDowell & Co. Ltd. and M/s MWP Ltd. are two mor...

Sri R. Srinivasan S/O Sri B. Rathnavelu Vs. National Buildings Constru ...

Court: Karnataka

Reported in: ILR2007(1)Kar665; 2007(3)KCCRSN162; 2006(6)AIRKarR143(DB)

Cyriac Joseph C.J. 1. This appeal is filed against the judgment dated 20th December 2005 in W.P.No. 26883/2005 which was dismissed by the learned single Judge, The appellant is a Project Executive (Civil) in the Nation Buildings Construction Corporation Limited (first respondent). The immediate provocation for filing the writ petition is Annexures-'H', 'K' and 'L' orders. As per Annexure-'H' order dated 2-11-2005, the appellant was transferred from the Zonal office, Bangalore to the Water Distribution Project, Port Blair, Andaman and Nicobar Islands with immediate effect and he was directed to report for duty at Port Blair, immediately and in any case not later than 15-11-2005. As per Annexure-'K' order dated 19-11-2005, the appellant was informed that since he had not reported for duty at Port Blaire and remained on unauthorised absence the competent authority had decided to relieve him from the Zonal Office, Bangalore on the afternoon of 19-11-2005 with instructions to report for dut...

Krishnamurthy and anr. Vs. the State of Karnataka by the Station House ...

Court: Karnataka

Reported in: II(2006)ACC735; 2006CriLJ1850; ILR2006KAR1383; 2006(2)KarLJ556

Huluvadi G. Ramesh, J. 1. This petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings pending in C.C. No. 272/05 on the file of JMFC, Yelburga.2. A complaint has been filed before the respondent-police alleging the criminal negligence against the Principal and also against the Secretary of Vidyananda Gurukula Trust alleging that on 6.9.05 around 12.00 noon, Ramappa, a boy aged about 12 years was electrocuted and died on the spot due to the burning of the submersible motor of the bore well and grounding of the GI. Pipe in the land belonging to the said Trust and later they were charge sheeted for the offence punishable under Section 304-A of IPC.3. Heard the Counsel for the petitioners and the Learned HCGP.4. It is the submission of the Learned Counsel for the petitioners that there is no negligence or dereliction of duty on the part of the petitioners as the cause of death was due to short circuit as per the report of the Assistant Executive Engineer since the ...

Priyadarshini H.R. Vs. Karnataka State Nursing Council and ors.

Court: Karnataka

Reported in: 2006(2)KarLJ439

ORDERN.K Patil, J.1. Though all these petitions had come up for consideration on interim applications, with the consent of learned Counsels appearing for the parties, the same are taken up for final hearing and are disposed of as follows.2. Petitioners herein are all students of first year diploma in General Nursing who have taken admission in the respective Nursing Schools and are prosecuting their studies.Petitioners in W.P. No. 19694 of 2005 and W.P. No, 19779 of 2005 have sought for quashing the impugned communications dated 5th July, 2005 and 2nd August, 2005 respectively issued by the Karnataka State Diploma in Nursing Examination Board. Further they have sought for a declaration to declare that, Rule 3(l)(b) of the Karnataka Selection of Candidates for Admission to Diploma Course in General Nursing, Midwiferly/Psychiatry in Nursing Rules, 2003 is arbitrary, and discriminatory and violative of Article 14 of the Constitution of India; and to declare that, petitioners are eligible ...