Karnataka Court July 2006 Judgments

Branch Manager, United India Insurance Co. Ltd. Rep. by Its Regional M ...

Court: Karnataka

Reported in: 2008ACJ243; ILR2007KAR3828; 2008(5)KarLJ177; 2008(5)KLJ177; 2008(3)CivilLJ288; 2008ACJ243

K. Ramanna, J.1. Though the appeal is listed for admission, with consent of learned Counsel fox both the parties, matter is taken up for final hearing.2. The appellant being the insurer of the tractor namely the United India Insurance Co. Ltd. filed this appeal under Section 173(1) of M.V. Act challenging the liability fastened on it and directed to pay compensation of Rs. 61,000/-with interest at 9% per annum from the date of petition till realisation.3. The main grounds urged, in the appeal are that the respondent No. 3 who filed a claim petition against the appellant as well as respondent Nos. 1 and 2 on account of the injuries sustained by him in a motor vehicle accident which occurred on 14.11.2000. The contention of the appellant is that in respect of the tractor bearing Registration No. KA 17/M-366 though the policy was issued to indemnify the owner of the tractor no policy of indemnity is issued in respect of the trailer No. KA-17 M 1456. Therefore, the tribunal wrongly came to...

State of Karnataka by Peenya Police Station Vs. Byrappa @ Byregowda

Court: Karnataka

N.S. Veerabhadraiah, J.1. This is one of unfortunate case, where it has ended in judgment of acquittal of the accused on account of non-examination of the injured Smt. Narasamma and the Medical Officer.2. The accused-Byrappa @ Byregowda and the injured-Smt. Narasamma are the husband and wife. The accused suspected the fidelity of his wife and on that ground, on 21 -12-1999 at about 2.00 p.m., he assaulted her with a chopper, causing grievous injury to her legs and also severance of right hand. The 'Hoysala Police' headed by P.W. 7-S.C. Narayana, Assistant Sub-Inspector, coming to know of the incident, proceeded near the house of the accused and shifted the injured-Smt. Narasamma to K.C. General Hospital, Bangalore. After first aid, the injured was shifted to Victoria Hospital, Bangalore. P.W. 8-Chandru, Sub-Inspector of Police, on receiving the intimation from the Victoria Hospital, proceeded there and recorded the statement of the injured-Smt. Narasamma and registered a case in Crime ...

J.K. Panthaki Vs. Babu Verghese and anr.

Court: Karnataka

ORDERC.R. Kumaraswamy, J.1. This is an application filed Under Section 482 CrPC praying for this Court to permit the petitioner to amend the petition as follows:i) Add para as 15 (A): Subsequent to the grant of interim order dated 10.8.2001 by this Hon'ble Court staying all further proceedings before the Trial Court, the police have framed the charge sheet which has been taken on record by the learned Magistrate, The same is wholly illegal and contrary to the interim order passed by this Hon'ble Court. Further charge sheet also does not disclose any offence.ii) Add in prayer column after the word 'and', add the following:quash the charge sheet filed in the said case and2. It is contended in the petition that this Court by order dated 10.08.2001 was pleased to stay further proceedings in Crime No. 300/2001 on the file of the VI Addl. Chief Metropolitan Magistrate. The said order was communicated to the Trial Court. Inspite of that police have now filed a charge sheet before the Trial Co...

Sri R.B. Shet S/O B.P. Shet Vs. Span Projects Pvt. Ltd., (In Liquidati ...

Court: Karnataka

Reported in: [2008]144CompCas565(Kar); [2009]90SCL58(Kar)

R. Gururajan, J.1. The appellant is before us aggrieved by the order of the learned Single Judge dated 15.12.2005 passed in application No. 137/2005.2. Facts as narrated in the appeal are as under:The appellant was an ex-employee of the Company in liquidation. He was relieved from the services of the Company by his employer from the service on 2.4.2001. During his employment with the Company, two Directors resigned to the post of directorship on 1.6.2000. The appellant was appointed on 1.6.2000. Form No. 32 issued is dated 1.6.2000. He tendered his resignation on 2.6.2001 in terms of the instructions of the Managing Director. His resignation was accepted and he was relieved from the post of Directorship of the Company. One S.K. Jha was appointed as a Director of the Company. The appellant intimated to the respondent that he was not the Director of the Company. He also gave the address of the Managing Director of the Company in terms of the communication dated 13.12.2002. He was an empl...

Prakash Babu Rao Pundapal, Major (Since Deceased by His L.Rs. Neelaww, ...

Court: Karnataka

Reported in: AIR2007Kant29; 2006(5)KarLJ281

ORDERV. Jagannathan, J.1. The present writ petition is directed against the order dated 28.2.1989 passed by the Land Tribunal, Belgaum, and the question that is raised in this petition is mainly whether the subject land in S. No. 43 of Honnihal village is mere a grass growing land or a cultivable agricultural land. The petitioner challenges the impugned order in his capacity as a trustee and successor in interest on behalf of Shri Maruthi Devasthana, Modaga, and the, grievance of the petitioner is that the Land Tribunal, by its impugned order, could not have granted occupancy rights in favour of R-3 to R-8.2. Heard the learned Counsel for the petitioner and the learned Counsel for the contesting R-3 to R-8.3. At the outset, the learned Counsel for the contesting respondents submitted that the very same order passed by the Land Tribunal dated 28.2.1989 was challenged in W.P. No. 37541/1997 and the said writ petition came to be dismissed for non-prosecution on 4.8.1999. Therefore, the pr...

The Assistant Commissioner of Income-tax Vs. Sri Saraswathi Iron Found ...

Court: Karnataka

Reported in: (2007)207CTR(Kar)528; ILR2006KAR3887; [2006]287ITR313(KAR); [2006]287ITR313(Karn)

R. Gururajan, J.1. Revenue is before us in this appeal. The following three questions of law are raised;(i). Whether the assessee is entitled to the relief claimed when he has not satisfied the conditions stipulated in Section 43A(3) of the Act Rule 6DD(j) of the Rules?(ii). Whether it is mandatory on the part of the assessee to furnish evidence as to the genuiness of the payment and the identity of the payee which has admittedly not been done in the present case in order to claim exemption under Section 43A(3) of the Act and Rule 6DD(j) of the Rules.(iii). When admittedly the assessee had made payments through cheques to the extent of several lakhs of rupees, whether he is entitled to the relief claimed in respect of those payments where he has made cash payment to several lakhs of rupees.?2. Facts as narrated in the appeal are as under;-Assessee is a firm it carries on the business of manufacture of sheet metal machinery. During the relevant year 1986-87 assessee made cash purchases ...

The Commissioner of Income-tax and the Assistant Commissioner of Incom ...

Court: Karnataka

Reported in: (2006)205CTR(Kar)582; [2006]287ITR263(KAR); [2006]287ITR263(Karn)

1. Revenue is before us challenging the order of the Income Tax Appellate tribunal dtd 7-1-1999. The order of the Commissioner of Income Tax dtd 30-8-1991 on the following facts.2. The assessee is a club registered under the Societies Registration Act. It has several members. Four of its members are Vijaya Bank, Canara Bank, State Bank of Mysore, and State Bank of India. The club is running on commercial lines for the assessment year 1989-90. The assessee declared a total income of Rs. 2,26,991/-. The assessee deposited a surplus amount of Rs. 76,16,054/- in Fixed Deposit with the above stated four banks. The Fixed Deposit earned an interest of Rs. 7,887,648/-. This interest was claimed as deduction by the assessee on the principle of mutuality. It was stated that the four banks being members of a club constitute a common entity and that therefore tax could not be levied as it would amount to levying tax on oneself. The assessing authority did not accept the same and he disallowed the ...

Motor Industries Co. Ltd. Rep. HereIn by Its Joint Managing Director M ...

Court: Karnataka

Reported in: [2006]285ITR365(KAR); [2006]285ITR365(Karn)

1. Motor Industries Company Limited (for short 'MICO') is before this Court seeking an answer to the following question of law on the following facts:Whether on the facts and in the circumstances of the case, the value of presentation articles bearing the name of the appellant Company, despite not being intended for distribution, for promoting or boosting the appellant's sales but for extending general courtesy to business associates has any advertisement value so as to suffer consequence of provision of Rule 6B of the Income-tax Rules, 1962? 2. The appellant-MICO is covered by the Income Tax Laws. The appellant incurred expenditure in procuring presentation articles for the year ending 31.3.1990 relevant to assessment year 1990-91. The said articles do not have any advertisement value. It was intended for presentation to business associates for extending the general courtesy. It was not considered to be amounting to advertisement for suffering partial disallowance under Rule 6B of the...

Manipal Sowbhagya Nidhi Ltd. R/by Its Law Officer and Authorised Signa ...

Court: Karnataka

Reported in: (2007)1CompLJ187(Karn); [2007]73SCL258(Kar)

1. Manipal Sowbhagya Nidhi Ltd. is before us challenging the order of the Company Law Board, Southern Region Bench at Chennai passed in C.A.No. MSN. 1-36/45QA/SRB/2002 and C.A.No. MSN. 1-5/45QA/SRB/2003 dated 16.6.2003.2. Facts in brief are as under:The appellant is a company incorporated under the provisions of the Companies Act. It is carrying on the business of a non-banking financial company. Service is granted by R.B.I. After January 1998, the Reserve Bank of India has introduced several stringent measures and those measures adversely effected the financial position of the Company. In April 2002, M/s. Maharashtra Apex Corporation Limited committed serious defaults in repayment of its depositors. The said defaults caused severe panic amongst the investors/depositors of M/s. Maharashtra Apex Corporation Ltd. which resulted in cascading effect, whereby there was a mass withdrawal of deposits and debentures as well as a demand for premature repayment. All these circumstances affected ...

N. Jagathpal Poovani Vs. Susheela and ors.

Court: Karnataka

ORDERV. Jagannathan, J.1. The order of the Land Tribunal, Karkala, dated 28-7-1981 (Annexure-A) has been questioned in this writ petition mainly on two short grounds. The first one is that, respondent 4 herein is a family member of the petitioner's family and he was not a tenant and, therefore, when the petitioner's father raised objections in regard to the claim made by respondent 4 as a tenant, the Tribunal did not go into the said objection statement, which was filed on 28-7-1981, but on the very same day, the Tribunal proceeded to pass the impugned order without giving the petitioner opportunity to adduce evidence in respect of the stand taken in the objection statement. The second ground is that, though the claim was in respect of 1.05 acres of land in Sy. No. 7/2 of Nooralabettu Village of Karkala, by the impugned order, the Land Tribunal has granted occupancy rights to respondent 4 to the extent of 1.20 acres, which is in excess of the claim made and, therefore, the impugned ord...