Karnataka Court April 2006 Judgments

Serendipity Apparels (Private) Limited Vs. the Karnataka Industrial Ar ...

Court: Karnataka

Reported in: ILR2006KAR2163

ORDERR. Gururajan, J. 1. Petitioner-M/s. The Serendipity Apparels (Private) Limited is before me in this petition seeking a Writ of certiorari quashing the order dated 3-12-2002 at Annexure-W. 2. Petitioner-Company is a manufacturer of apparels at Bangalore. Petitioner has approached the Karnataka Industrial Areas Development Board (for short, 'the Board') for allotment of an industrial land. Land was allotted in terms of a letter of allotment dated 14-2-1994 at Annexure-A. Petitioner was issued with a possession certificate in terms of Annexure-B. Petitioner thereafter filed an application for exemption under the Urban Land Ceiling Act, 1976. Permission was granted. Petitioner thereafter submitted its project profile to the Board for allotment of land through single window agency clearance. Petitioner in its letter dated 17-11-1997 at Annexure-F that it required 500 KVA power and 900 KL of water. Earlier, while applying for land; it was felt that the company would require 300 KL of wa...

H. Balakrishnegowda Vs. the Secretary to Government and ors.

Court: Karnataka

Reported in: 2007(3)KarLJ239

ORDERD.V. Shylendra Kumar, J.1. Petitioner claims to be working on an ad hoc/daily wage basis as a 'Gang man' for the past 17 years having reported for duty on 1.1.1988 and claims to be working in the same capacity as of now.2. Petitioner's efforts to get his employment regularized or made permanent having not been favourably ordered by the Panchayath Authorities or the State Government, the present writ petition is for issuing directions to the respondents to consider and regularize the services of the petitioner.3. Submission of Sri. Ramachandrachar, Learned Counsel for the petitioner, is that a good number of similarly situated persons had filed writ petitions before this Court; that such writ petition have been allowed and this Court has issued directions to the respondent- State and other public authorities to regularize the services of persons like the petitioner, who had put in more than 10 years of temporary service that in the present case also the petitioner having worked for...

Canara Bank Vs. Klen and Marshalls Manufacturers and Exporters Limited ...

Court: Karnataka

Reported in: 2006(3)ARBLR254(Kar)

ORDERD.V. Shylendra Kumar, J.1. Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996) (for short, 'the Act'), though has the avowed object of following the United Nations Commission on International Trade Law (UNCITRAL), Model Law on Intentional Commercial Arbitration in 1985 and purports to amend and consolidate the laws relating to the domestic arbitration, international commercial arbitration and enforcement of foreign Arbitral awards and for allied matters thereto, the main thrust of functioning of the Act and matters which go for disputes resolution before the Arbitral Tribunal are in the context of domestic arbitration.2. The Arbitration Act, 1940 and the present Act, successor to the 1940 Act, are legislations made for regulating the informal dispute resolution mode by recourse to arbitration before the Arbitral Tribunal and by the volition of the parties, by choosing a person of their choice to resolve the dispute between them. The essence of arbitration proceeding is...

C. Vanathai Vs. Government of Karnataka and ors.

Court: Karnataka

Reported in: 2006CriLJ3166

ORDERN. Kumar, J.1. The petitioner has preferred this writ petition seeking declaration of the detention of his brother one Sri Thomas, as illegal and void 06 initio and for a direction to produce the detenu and for his release.2. The facts leading to this petition are as under:Sri Thomas has been detained in pursuance of the order passed by the Deputy Commissioner and District Magistrate, Bellary under Sub-section (2) of Section 3 of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985 (for short, hereinafter referred to as 'the Goonda Act'). The grounds of detention enclosed to the detention order disclose that the said detenu was involved in as many as 23 cases which are registered against him in the T.B. Dam Police Station under various provisions of Indian Penal Code, On perusal of the aforesaid legal proceedings, the Deputy Commissioner was of the opinion that the offences committ...

Shivmoni Steel Tubes Limited (In Liquidation) Vs. Tamil Nadu Electrici ...

Court: Karnataka

V.G. Sabhahit, J.1. This application has been filed by the official liquidator on behalf of the applicant-M/s. Shivamoni Steel Tubes Limited (in liquidation), under Section 446(2)(b) of the Companies Act, 1956 (hereinafter referred to as the 'Act') and Rule 9 of the Companies (Court) Rules, 1959, seeking for a direction to the respondent to pay a sum of Rs. 3,56,943 with interest on the sum of Rs. 1,81,205 at 12 per cent, per annum from the date of application, i.e., November 11, 1997, till the date of judgment and for payment of future interest and costs.2. It is averred in the application that M/s. Shivamoni Steel Tubes Limited was ordered to be wound up by an order dated September 8, 1995, passed by this Court in Company Petition Nos. 49 of 1994 and 157 of 1992 and the official liquidator attached to this Court became the liquidator of the company by virtue of Section 449 of the Act. The respondent was having trade transactions with the applicant-company and as per the books of acco...

Shivamoni Steel Tubes Limited (In Liquidation) Vs. Durgapur Steel Plan ...

Court: Karnataka

V.G. Sabhahit, J.1. This application has been filed by the official liquidator on behalf of the applicant-M/s. Shivamoni Steel Tubes Ltd. (in liquidation) under Section 446(2)(b) of the Companies Act, 1956 (hereinafter referred to as the 'Act') and Rule 9 of the Companies (Court) Rules, 1959, seeking for recovery of a sum of Rs. 91,662.64 with interest on the sum of Rs. 46,720 at 12 per cent, annum from the date of application, i.e., October 6, 1997, till the date of judgment and for payment of future interest and costs.2. It is averred in the application that by order dated September 8, 1995, passed in Company Petitions Nos. 49 of 1994, and 157 of 1992, M/s. Shivamoni Steel Tubes Ltd., was ordered to be wound up and the official liquidator attached to this Court became the liquidator of the said company by virtue of the provisions of Section 449 of the Act. It is further averred that as per the statement of affairs and the books of account submitted by the ex-directors of the applican...

B. Srinivasa Reddy Vs. Karnataka Urban Water Supply and Drainage Board ...

Court: Karnataka

V. Gopala Gowda, J.1. These three writ appeals are filed by (1) Mr. B. Srinivasa Reddy who is appointed as the Managing Director; (2) Karnataka Urban Water Supply and Drainage Board (hereinafter referred to as the Board); and (3) the State Government represented by its Secretary to the Urban Development Department respectively questioning the correctness of the order dated 10-1-2006 passed by the learned Single Judge in W.P. No. 9852 of 2004 (S-RES) (Karnataka Urban Water Supply and Drainage Board Employees' Association, Dharwad and Anr. v. State of Karnataka and Ors. 2006(1) Kar. L.J. 448), holding that the appointment of B. Srinivasa Reddy, the appellant in W.A. No. 86 of 2006, as Managing Director on contract basis with effect from 1-2-2004 as per Annexure-A and his continuation in the said office for nearly two years is illegal and he is an usurper of the said public office and further issuing a writ of quo warranto ousting him from the office of the Managing Director of the Board,...

Shivamoni Steel Tubes Ltd. Vs. Durgapur Steel Plant

Court: Karnataka

Reported in: 2007(1)AIRKarR9

ORDERV.G. Sabhahit, J.1. This application has been filed by the Official Liquidator on behalf of the applicant - M/s. Shivamoni Steel Tubes Limited (in liquidation) under Section 446(2)(b) of the Companies Act, 1956 ('the Act') and Rule 9 of the Companies (Court) Rules, 1959, seeking for recovery of a sum of Rs. 91,662.64 ps. with interest on the sum of Rs. 46,720 at 12 per cent per annum from the date of application i.e., 6-10-1997 till the date of judgment and for payment of future interest and costs.2. It is averred in the application that by order dated 8-9-1995 passed in Company Petition Nos. 49/94 and 157/92, M/s. Shivamoni Steel Tubes Limited was ordered to be wound up and the Official Liquidator attached to this Court became the Liquidator of the said Company by virtue of the provisions of Section 449 of the Act. It is further averred, that as per the statement of affairs and the books of account submitted by the Ex-Directors of the applicant-company, a sum of Rs. 46,720 was du...