Karnataka Court February 2006 Judgments
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Karnataka Silk Industries Corporation Limited Vs. Y.N. Krishna Murthy
Court: Karnataka
Decided on: Feb-10-2006
Reported in: 2006(2)KarLJ143
B. Padmaraj, J.1. This intra-Court appeal by the appellant-Karnataka Silk Industries Corporation Limited is directed against the order passed by the learned Single Judge of this Court in Y.N. Krishna Murthy u Karnataka Silk Industries Corporation Limited, Bangalore : ILR2005KAR3389 whereby the learned Single Judge has accepted the petition filed by the respondent-employee and directed the appellant-employer not to proceed further in terms of the show-cause notice dated 14-2-2005, served on the respondent calling upon him to offer his explanation, with regard to certain alleged misconduct. The learned Single Judge has observed in para 15 of the impugned order as under:15. In the circumstances, I have no hesitation to hold that the present show-cause notice is required to be interfered with on account of delay and laches and the respondents are to be directed not to proceed further on the basis of the said notice. I must also to say that even if liberty is available to the petitioner, de...
State of Karnataka by Food Inspector Vs. Shetty Ice Cream Company and ...
Court: Karnataka
Decided on: Feb-10-2006
Reported in: 2006CriLJ1849; 2006FAJ235; ILR2006KAR1326; 2006(2)KarLJ591
K. Sreedhar Rao, J. 1. The accused are charged for committing offence punishable Under Section 7(i) read with Section 2(ia) and (m) punishable Under Section 16(i)(a)(i) of the P.F.A. Act 1954 and P.F.A. Rules, 1955.2. The prosecution is launched on the basis of the private complaint of the Food Inspector. A.3 was found selling ice creams in a public place at a shandy fare. The Food Inspector purchased ice cream cup on payment of money and issued a receipt. The product purchased was split into three parts. One part was handed over to A.3, the other part was retained by the complainant, the third part was sent to public analyst. The report of the public analyst disclose that the ice cream contains total solids 33.16%, milk fat 6.5%, artificial sweetening agent not detected, protein 3.64%. In Appendix-B at A. 11.02.08 of Prevention of Food Adulteration Rules, 1955 the statutory standard prescribed are as follows:3. The ice cream product shall contain not less than 10.0% milk fat, 3.5% pro...
The Karnataka Pawn Brokers' Association and Ors. Vs. State of Karnatak ...
Court: Karnataka
Decided on: Feb-10-2006
Reported in: ILR2006KAR1306; 2006(2)KarLJ321
R. Gururajan, J.1. The Pawn Brokers Association and others are before us challenging the order passed by a Learned Single Judge of this Court dated 28-9-2000 passed in W.P.No. 29372-377/1998.2. Facts in brief are as under:The appellant-petitioners sought a declaration that Sections 4A and 4B of the Karnataka Pawn Brokers Act, 1961 and Sections 4, 5 and 6 of Karnataka Act 9 of 1998, providing for amendment of Sections 4 and 4A of P.B. Act, prohibiting the payment of interest on security deposit w.e.f. 31-5-1985 as unconstitutional. They also sought for a declaration declaring that Sections 7A and 7B of the Karnataka Money Lenders Act and Sections 3, 4, 6 and 8 of the Karnataka Act14 of 1998, providing for amendment of the ML. Act as ultra vires and unconstitutional and being contrary to the Judgment of this Hon'ble Court and for a writ of mandamus restraining the respondents from collecting the security deposits under the two acts as well as the enhanced licence fee in terms of the Act....
Scheduled Caste (Harijan) House Building Co-operative Society Limited ...
Court: Karnataka
Decided on: Feb-10-2006
Reported in: ILR2006KAR2180; 2006(2)KarLJ267
ORDERN. Kumar, J.1. W.P. No. 40914 of 2003 is filed by Scheduled Caste (Harijan) House Building Co-operative Society Limited, represented by one Sri E. Nagalingam who claims to be the President of the said Society and also in his personal capacity. The address of the said Society is given as No. 24, Kota Complex, J.C. Road, Bangalore 2.2. W.P. No. 47671 of 2003 is filed by Scheduled Caste (Harijan) House Building Co-operative Society Limited, represented by one S. Pushparaj, who claims to be the Secretary of the said Society. The address of the Society is given as Dodda Bylakhana, No. 15, 25th Main Road, Annaiah Reddy Layout, J.P. Nagar, VI Phase, Bangalore-78.3. In both these writ petitions what is challenged is the order passed by the Karnataka Appellate Tribunal made in respect of Appeal Nos. 482 and 614 of 2001 dismissing the same and affirming the order passed by the Assistant Registrar of Co-operative Societies, Bangalore in Dispute No. ARB/45/ABN/40/99-2000, dated 12-4-2001. As ...
N.R. Dhananjayan Vs. the Management of Indian Overseas Bank and anr.
Court: Karnataka
Decided on: Feb-10-2006
Reported in: [2006(109)FLR682]; ILR2006KAR1488; 2006(2)KarLJ350; (2006)IIILLJ45Kant
R. Gururajan, J.1. Both these appeals are directed against the order of the learned Single Judge dated 30-11-2000 passed in W.P, No. 2781 of 1998.2. Petitioner-workman in W.P. No. 2781 of 1998 joined the services of the Indian Overseas Bank in 1973. He belonged to clerical cadre. Promotion was due to him during December 1985. But he was not promoted on the alleged ground that disciplinary proceedings were initiated against him. He was issued with a charge-sheet dated 16-11-1985 and an additional charge-sheet was also issued on 18-11-1986. It was alleged in the charge-sheet that the petitioner received on various dates cash from several borrowers of the Branch totalling to Rs. 5,190/- which he had acknowledged in the cards/counterfoils given to the borrowers and that it was never credited to their accounts in the Branch books and thus he misappropriated the said amount. The other allegations made against the petitioner were that on several instances, he received money from various custo...
N.M. Amaranath and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Feb-10-2006
Reported in: 2006(2)KarLJ464
ORDERN.K. Patil, J.1. The petitioners herein, assailing the decision of the Administrator, Taluk Panchayat, Mulbagal, dated 13th September, 2005 regarding preparation of annual plan for the year 2005-06 for implementation of the Rural Rozgar Scheme vide Annexures-D and E, have presented the instant writ petition.2. Petitioners herein claim to be former elected members of the Taluk Panchayat, Mulbagal-third respondent herein, which is a statutory body, performing its functions under Schedule II of the Karnataka Panchayat Raj Act, 1993. The petitioners herein and other elected members of the Taluk Panchayat, during their previous term, had prepared an annual plan in respect of Rural Rozgar Scheme for the year 2005-06 pertaining to the execution of various works for the benefit of people living in rural areas along with the list of works relating to formation of public roads, drainage, culverts, maintenance and construction of schools and maintenance of minor irrigation works and promotio...
Mayappa Vs. Mayappa Beerappa Kurbar and ors.
Court: Karnataka
Decided on: Feb-08-2006
Reported in: ILR2006KAR1537; 2006(3)KarLJ245
ORDERK. Ramanna, J.1. Though the matter is listed for preliminary hearing in B group, by consent of both the Learned Counsel, the matter is taken up for final disposal.2. This is a writ petition filed by the petitioner, seeking writ of certiorari or direction, quashing the order dated nil, July 2003 passed by the 8th Respondent. According to the petitioner, he is the owner of the land bearing Sy. No. 188 situated at Godageri village, Taluk Hukkeri, Belgaum District, measuring 5 acres 1 gunta. The petitioner himself has approached the Asst. Director of Land Records to measure the Land and fix the boundaries. The Asst. Director of Land Records passed an order contrary to the existing facts and changed the boundary stones to favour the respondents. Being aggrieved by the said order the petitioner has preferred an appeal before the Deputy Director of Land Records, Belgaum. In turn the Deputy Director of Land Records dismissed the appeal filed by the petitioner, upholding the order passed b...
Laxmi Livestock Feeds Private Limited a Company Incorporated Under the ...
Court: Karnataka
Decided on: Feb-08-2006
Reported in: 2006(3)KarLJ121
ORDERM.K. Patil, J.1. The petitioner questioning the legality and the validity of the order dated 5-1-2006 passed by the 3rd respondent in appeal No. 2259/2005 vide Annexure- 'AN' in subject No. (A.s.c. (H) 11/2005/06) has presented the instant writ Petition.2. The grievance made out by the petitioner in the instant writ petition is that, he filed an application for issue of licence before respondents 1 & 2. The said application was filed by the petitioner to renew the licence to run the business in the suit schedule premises and after scrutinizing the application filed by the petitioner the 2nd respondent has issued an Endorsement dated 11-7-2005 vide Annexure-W stating that the petitioner has not produced the 'No Objection Certificate' from the land owner. Assailing the correctness of the said Endorsement issued by the 2nd respondent the petitioner herein has filed an appeal on the file of the 3rd respondent. The said appeal filed by the petitioner came up for consideration before th...
Linganna K. Nayak and ors. Vs. State of Karnataka by Its Secretary, Ed ...
Court: Karnataka
Decided on: Feb-07-2006
Reported in: ILR2006KAR1341; 2006(2)KarLJ649
ORDERD.V. Shylendra Kumar, J. 1. This Writ Petition by as many as 67 persons who claim to be working as teachers in private aided educational institutions and it appears had represented to the Government to extend them the benefit of two increments for having qualified or passed in a Departmental examination in Kannada and would further claim that they had not been extended such benefit though they passed examination quite sometime back and according to the petitioners some having passed them even from the years 1982 to 1987 till which time a rule extending such benefit was in vogue but which had been later discontinued.2. Submission of Sri Chandrakanth Goulay, Learned Counsel appearing for the petitioners is that the petitioners in a representative capacity had appealed to the respondent State to extend the benefit of granting two increments to the petitioners as some other persons similarly situated had approached this Court and this Court had issued positive orders in many such case...
The Commissioner of Income Tax Vs. the Margarine and Refined Oils Comp ...
Court: Karnataka
Decided on: Feb-07-2006
Reported in: (2006)202CTR(Kar)376; ILR2006KAR1436; [2006]282ITR576(KAR); [2006]282ITR576(Karn)
N. Kumar, J.1. This reference ari ses under Section 256(1) of the Income Tax Act (for short hereinafter referred to as the Act) at the instance of the revenue for our opinion on the following question of law.Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in upholding the order of the CIT(A) allowing the claim of the assessee for deduction of expenditure including retrenchment compensation paid to the employees of the manufacturing unit? 2. The few facts leading to these proceedings are as under:The assessee is engaged in the manufacture of refined oil and trading in various commodities. From the assessment year 1981-82 the assessee ceased its manufacturing activity but continued the trading activity in various commodities. The assessee paid retrenchment compensation to the employees who were employed in the manufacturing unit on their termination of service. The assessee claimed deduction of the amount incurred by way of ret...