Karnataka Court March 2006 Judgments

i.T. Cube India (P.) Ltd. Vs. I.T. Cube Inc.

Court: Karnataka

N. Kumar, J. 1. The appellant has preferred this appeal challenging the order dated 28-1-2004 passed by the Company Law Board, Principal Bench, New Delhi, in Company Petition No. 47/2003 filed under Sections 397, 402, 403 and 406 of the Companies Act (hereinafter referred to as 'the Act') by which the Company Law Board (for short hereinafter referred to as 'Board') has held that the allotment of 7, 100 shares each in favour of the respondent Nos. 2, 3, 4 and 5 amounting to 28,400 shares issued on 16-1-2003 is illegal and void in terms of Article 9 of Articles of Association of the company and consequently setting aside the same as being wrongful, illegal and void ab initio.2. The facts leading to this appeal are as hereunder:The appellant No. 1 is a company incorporated under the provisions of Companies Act, 1956 on 5-7-2000 as a private limited company having the authorised share capital of Rs. 10,00,000 divided into 1,00,000 shares of Rs. 10 each. Out of the same 8,900 shares of Rs. ...

Town Panchayat Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: ILR2006KAR2761; 2006(2)KarLJ641

ORDERN.K. Patil, J.1. The learned Government Pleader accepts notice for respondents 1 to 3.2. The petitioner questioning the legality and validity of the order dated 22nd February, 2000 in proceedings No. MUN:5:99-2000 on the file of the 3rd respondent vide Annexure-J and the order dated 20th November, 2002 in proceedings No. PN:SPR:GG:CR: 143:2002-03 on the file of the 2nd respondent vide Annexure-K presented the instant writ petition.3. The deceased husband of the 5th respondent herein had filed an application for grant of land to the petitioner-Town Panchayat, Koppa in respect of property measuring 221x98+22/2 sq.ft. bearing Assessment No. 1118/84-85. The said request had been considered by the then Municipality which has now become Town Panchayat, Koppa and the same was granted by a resolution of the Council dated 30th April, 1962 for a sum of Rs. 1,770/- but, only a sum of Rs. 750/- was paid and remaining Rs. 1,020/- was not paid. In view of the non-payment of remaining amount wit...

Seethamma and anr. Vs. Bathenna and anr.

Court: Karnataka

Reported in: AIR2006Kant199; ILR2006KAR1883; 2006(4)KarLJ63

K.L. Manjunath, J.1. This is a plaintiffs' second appeal. Respondents were defendants in O.S. 75/1996 on the file of Munsiff, Srinivasapur. The plaintiffs' filed the suit for partition and separate possession claiming 112 share in the suit properties and for mesne profits. According to the plaint averments, one Bathenna had three sons by name; Venkataramanna, Muniyappa and Bathenna. Venkataramannahad a son by name Siddappa, who was the husband of the 1st plaintiff and the father of the 2nd plaintiff. Defendants are the children of 3rd son Bathenna. The 2nd son Muniyappa died issueless. After the death of Muniyappa, the present suit is filed by the grandson and daughter-in-law of Venkataramaraia contending that they are entitled for half share in the properties of deceased Muniyappa.2. The suit was contested by the defendants contending that the plaintiffs' being the legal-heirs of predeceased brother's son of Muniyappa are not entitle to claim any share. According to them, the 1st defe...

Maharashtra State Road Transport Corporation Represented by Its Divisi ...

Court: Karnataka

Reported in: III(2006)ACC407; 2006ACJ1788; [2006(110)FLR60]; ILR2006KAR2104

Anand Byrareddy, J.1. This appeal by the employer is against the award of compensation to the legal representatives of the deceased workman.2. The facts of the case are:-The claimants-respondents, had filed a petition, seeking compensation in respect of the death of a driver, who had committed suicide. It was contended, that after finishing his duty on a particular day, the deceased had returned home and it is claimed that he was under extreme mental stress because of alleged harassment at the work by his superiors and therefore, it was urged that the death of the workman had a causal connection with his employment, in that, it arose out of his employment. The appellant had resisted the claim admitting that he was a driver. It was vehemently urged that mere was no causal connection between the death and the employment. The Labour Commissioner and Commissioner for Workmen's Compensation, Bijapur (hereinafter referred to as the Commissioner' for brevity), having awarded compensation in t...

G.M. Patel Vs. Assistant Commissioner of Commercial Taxes and ors.

Court: Karnataka

Reported in: [2006]148STC518(Kar); 2007(1)AIRKarR12(DB)

N. Kumar, J.1. The appellant-assesses has preferred this appeal against the order dated 7-7-2005 in Case No. SMR KST GLB/CR.02/05-06, by the Additional Commissioner of Commercial Taxes, Zone-II, Bangalore the 3rd respondent, who has set aside the order of both the authorities and the assessment order and refund proceedings of the JCCT (Admn.) dated 1-3-2001 and has revised the assessment granting the benefit of composition to the assessee.2. The appellant is a proprietary concern and a dealer registered under the Karnataka Sales Tax Act, 1957 (for short, hereinafter referred to as the 'Act'). During the year 1999-2000, he was engaged in the execution of works contract of Bhagya Jala Nigam Limited at different locations in the State of Gulbarga. The assessing authority was the Assistant Commissioner of Commercial Taxes, 1st Circle, Gulbarga, relating to the assessment year 1999-2000. The appellate opted for payment of tax in terms of the composition provisions under Section 17(6) of the...

Dr. Anil G. Namoshi Vs. Shashil Namoshi and ors.

Court: Karnataka

Reported in: ILR2006KAR2345; 2006(3)KarLJ265

ORDERD.V. Shylendra Kumar, J.1. An Arbitrator nominated by this Court to resolve the dispute between the petitioner and the respondents, it appears has addressed a letter indicating his inability to continue to function as an Arbitrator and according to the learned Counsel appearing for petitioner Sri. Vivek Reddy and learned Counsel appearing for the respondents Sri. Basavaraj Kareddy, dispute has not yet been resolved.2. Justice B.S. Raikote, former Judge of this Court had been nominated as an Arbitrator to function for arbitrating the dispute between the parties in terms of the order dated 24.02.2005. The registry has put up the letter addressed by the learned Arbitrator for further orders.3. I have already taken the view that there is no question of this Court passing repeated orders for nominating an Arbitrator in terms of the powers under Section 11(5) of the Arbitration Act, as peer the order dated 28-2-2006 passed in RP No. 247 of 2005 [in CMP No 69 of 2004] . The relevant port...

N.K. Giriraja Shetty, Major S/O Late K.S. Narasimha Setty Represented ...

Court: Karnataka

Reported in: AIR2006Kant180; ILR2006KAR1692; 2006(3)KarLJ1

1. This is plaintiffs appeal questioning the judgment and decree in O.S. No. 93/1992, on the file of the II Additional Civil Judge (Sr.Dn.), Bangalore Rural District dated 19th November 2001, decreeing the suit partly and directing defendant Nos. 1 to 3 to execute a registered sale deed in favour of the plaintiff conveying right, title, interest and possession of their properties by receiving the balance consideration to the extent of their share and on failure to execute the sale deed, the plaintiff is at liberty to get the Court Commissioner appointed to execute the sale deed and registered through Court as per the agreement on behalf of the defendants-1 to 3 and dismissed the suit against the defendants-4 to 6.2. The parties will be referred to, as to their status in the trial court.3. Case of the plaintiff is, that the defendants are close relatives of the plaintiff and they own the lands bearing Sy. Nos. 19, 18/2 and 110/2, measuring 9 acres 19 guntas, 1 acre 12 guntas and 2 acres...

Davangere Harihara Urban Co-operative Bank Niyamitha Vs. Minister for ...

Court: Karnataka

Reported in: ILR2006KAR2174

ORDERV.G. Sabhahit, J.1. This writ petition under Articles 226 and 227 of the Constitution of India is filed bring aggrieved by the order passed by the first respondent dated 9-5-2004 as per Annexure-G setting aside the order dated 12-5-2000 passed in Appeal No. 1 of 1999-2000 and order dated 12-11-1999 passed by the third respondent in the revision petition insofar as the decided value of the Arbitrator and fixing the value of the property at Rs. 22,97,600/- with liberty to the revision petitioner to approach the first respondent-Bank and make application accordingly for realisation of its dues and directing the petitioner-Bank to take all appropriate actions and make necessary changes in the calculation of the interest of the loan dues of the petitioner and after realisation of the loan dues remaining amount after due deduction be credited to the petitioner's account.2. It is averred in the petition that the fourth respondent had borrowed loan of Rs. 6,00,000/- (Rupees six lakhs only...

Shark Detective and Security Agency Vs. the Assistant Labour Commissio ...

Court: Karnataka

ORDERAnand Byrareddy, J.1. The facts of the case are as follows:2. The petitioner is engaged in the business of providing security services. It has under its employment more than 500 persons. It provides security services to various industries by entering into independent contracts operating all over the State of Karnataka. The provisions of the Contract Labour (Regulations and Abolition) Act, 1970 (for brevity 'the Act'), and the Contract Labour (Regulation and Abolition) (Karnataka) Rules, 1974 apply to the petitioner. The petitioner has registered itself under the said Act as well as the Karnataka Shops and Commercial Establishments Act, 1961. The petitioner had entered into a contract with respondent 4, dated 1-8-2000, which has paper and sugar mills and other establishments at Bhadravathi. The said agreement was in force for two years. The petitioner had filed an application before respondent 1, which is the Licensing Authority under the Act. The licence was granted on 24-11-2000 ...

Dr. K. Bhasker Rai Vs. the Karnataka Soaps and Detergents Limited and ...

Court: Karnataka

Reported in: ILR2006KAR1596; 2006(3)KarLJ338; (2006)IIILLJ610Kant

ORDERH.N. Nagamohan Das, J.1. In this petition the petitioner has prayed to declare his appointment as whole time Visiting Medical officer with an incremental scale of pay is equal to that of Manager, to quash Annexure D, the newspaper publication inviting applications for appointment of Visiting Medical Officers, to quash the endorsement dated 02.07.2001, Annexure Q to the writ petition discontinuing the services of the petitioner and for other reliefs.2. The First Respondent - the Karnataka Soaps and Detergents Limited, is a company registered under the Companies Act, hereinafter called the Company. The Company appointed the petitioner as Visiting Medical Officer on monthly retain ship basis in the year 1986 initially for a period of 12 months. This appointment of the petitioner came to be extended from time to time. The Company, by its order dated 15.05.2001, extended the appointment of the petitioner until further orders as per Annexure C to the writ petition. The retainer fee of t...