Karnataka Court September 2006 Judgments
Sri. Balappa S/O Laxmappa Karadi Vs. Smt. Avvakka W/O Dyavappa Navalal ...
Court: Karnataka
Decided on: Sep-27-2006
Reported in: 2007(1)KarLJ252
ORDERK.L. Manjunath, J.1. The petitioner herein is the petitioner before the District Judge, Bagalkot in G & W.C.No. 14/2006. The petition is filed by him under Section 8(a) of Guardian and Wards Act of 1890 to appoint him as the guardian of the person of minor Suresh, the adopted son of Dyavappa Navalalli of Kirsur Village and to appoint the petitioner as the guardian of the properties bearing No. RS 234 and YPC.No. 54 and 359 of Kirasur Village of Bagalkot Taluk. Along with the petition an application under Section 12 of the Guardians and Wards Act was filed to pass an exparte order for granting interim custody of the minor child Suresh till the disposal of the application. The application filed by the petitioner for grant of interim custody is rejected by the trial court Challenging the same the present petition is filed.2. Though the matter is listed for admission, Mr. Balagangadhar has filed power for the respondent and by consent of both the parties I have heard the learned Couns...
Tag this Judgment!Smt. Shivagangavva Vs. the Deputy Commissioner and ors.
Court: Karnataka
Decided on: Sep-27-2006
Reported in: ILR2007(4)KAR4542
ORDERN.K. Patil, J.1. The petitioner, assailing the correctness of the impugned order dated 15.2.2005 passed by third respondent in No. RTDC:CR:9:2004-05; order dated 17.1.2006 passed by second respondent bearing No. RTS:AP:159:2004-05 and order dated 7.7.2007 passed by first respondent bearing No. RTS:RA:CR:77:2005-06 vide Annexures-A,B and C respectively, has presented this writ petition.2. The grievance of petitioner in this writ petition is that, petitioner is a widow of Bhimappa, who was the owner of lands bearing Sy Nos. 38/2,103/2 and 16/1+2, totally measuring about 18 Acres 07 Guntas, situate in Kubihal village. The said lands were ancestral properties of late Sri. Bhimappa, who died intestate on 17.12.2003 leaving behind the petitioner and daughter Bangarewwa as legal heirs. 4* respondent after the death of Sri. Bhimappa has filed an application before the Village Accountant for sanction of mutation regarding his claim, in the relevant record of rights and other revenue record...
Tag this Judgment!Muralidhar Deshpande @ Raja S/O Hanumantharao Deshpande and Smt. Annap ...
Court: Karnataka
Decided on: Sep-26-2006
Reported in: 2007(2)KarLJ47; 2007(1)KCCR159; 2006(6)AIRKarR530
D.V. Shylendra Kumar, J.1. This Regular First Appeal is by the defendants in OS No. 78 of 1994, on the file of the City Civil (Sr Dn), Gulbarga.2. The suit filed by the plaintiff who is the respondent in this appeal, one for declaration of the plaintiffs title and possession of the suit schedule property, was decreed in terms of the prayer in the plaint, as per the judgment and decree dated 19-10-2000 passed in the suit and aggrieved defendants are in appeal before this Court.3. Parties are referred to by their respective ranks before the trial court for the sake of convenience.4. The plaintiff is the father of the first defendant and the second defendant is the wife of first defendant. The subject matter of the suit was an immovable property bearing No 1-867/33B-3 and 1-867/33B-4 of Mahaveer Nagar, Gulbarga, This property had been purchased in the name of the first defendant-son by the plaintiff-father in terms of the sale transaction dated 18-8-1989. According to the plaintiff, the f...
Tag this Judgment!Sri. Shivanna Naik S/O. Bheema Naik Vs. Karnataka University, the Sele ...
Court: Karnataka
Decided on: Sep-25-2006
Reported in: 2007(1)KarLJ61; 2006(6)AIRKarR557
ORDERD.V. Shylendra Kumar, J.1. Writ petition by a person who had aspired for the post of lecturer in law, a post, which had been notified for selection by the 1st respondent - Karnataka University in terms of notification dated 22.6.2001, (copy at Annexure-C to the petition). The post was sought to be filled-up as a post which was characterised as a back-log vacancy post and which could be filled-up by applicants belonging to scheduled caste community.2. It appears the petitioner as well as seven other persons were applicants to this post, amongst whom the 3rd respondent - Sri. M. Vishwanath has been selected and appointed and it is aggrieved by the appointment of the 3rd respondent, the present writ petition.3. It appears that amongst the eight applicants one applicant remained absent at the interview and seven others including the petitioner and the 3rd respondent, had been awarded marks in terms of the provisions of the statute framed under Section 53(7) of the Karnataka Universiti...
Tag this Judgment!The State by the Station Bazar Police Vs. Mallikarjuna @ Mallu S/O Shi ...
Court: Karnataka
Decided on: Sep-25-2006
Reported in: 2007CriLJ910; 2007(6)KarLJ453; ILR2006(4)KarSN27; 2007(1)AIRKarR106;
1. The State has preferred this appeal aggrieved by the judgment and order of acquittal passed by the learned Sessions Judge, Gulbarga, acquitting the respondent herein of the offence punishable under Section 302 of IPC.2. The case of the prosecution in brief is as under:The deceased - Satish, a student studying in II year PUC in M.S.I. College, Gulbarga, had developed love affair with one Jayashree, cousin sister of accused herein and as the deceased did not belong to the caste of accused, the accused was unhappy over the love affair between the deceased and Jayashree. In fact, the accused had even threatened the deceased on one occasion by telling the deceased that if the deceased does not stop his love affair with Jayashree, the accused would murder him. With this background, on 3.4.1996 at about 10.00 a.m., the deceased had taken his elder brother's son so as to leave him for SSLC examination. Therefore, they proceeded to Vijaya Vidyalaya exam centre and after the deceased was just...
Tag this Judgment!Rajakamal Polymers (P) Ltd. Vs. the Commissioner of Income Tax
Court: Karnataka
Decided on: Sep-25-2006
Reported in: (2007)207CTR(Kar)160; [2007]291ITR314(KAR); [2007]291ITR314(Karn)
1. M/s. Rajkamal Polymers Private Limited is before us aggrieved by the order of Income Tax Appellate Tribunal, Bangalore Bench dated 28-6-2001 passed in ITA Nos.598 to 602 (Bang)/2000.2. The appellant-assesses suffered various orders at the hands of assessing officer under Sections 271(1)(c), 143 and 154 of Income Tax Act, 1961 ('Act' for short). Aggrieved by the same, assessee filed appeals. There was a delay in the matter. An application was filed seeking to condone delay before the Commissioner. The Commissioner rejected the appeals on the ground of delay. Thereafter second appeals were filed, The Registrar noticed that there is a deficit Court fee payable on the appeals. According to the Registrar, appellant-assesses has to pay court fee at the rate of Rs. 10,000/- for each one of the appeal in the light of the quantum involved in terms of the order of assessing authority. The appellant objected for the said payment.Hence matter was listed before the Tribunal. The Tribunal, by a d...
Tag this Judgment!V.V. Kamath S/O Late V. Keshav Vaman Kamath Vs. Assistant General Mana ...
Court: Karnataka
Decided on: Sep-22-2006
Reported in: 2006(6)KarLJ696; (2007)ILLJ954Kant
ORDERAnand Byrareddy, J.1. The facts of the case are:The petitioner was appointed as a clerk with the respondent bank on 10.4.1964 and was confirmed on 9.3.1965. It is the petitioner's case that he has rendered 35 years of service with the respondent Bank and he was a Senior Manager in the year 1991 and that he has to his credit, a blemishless service, as evidenced by the respondent bank itself conferring several awards for his performance.2. By a letter dated 24.4.1995, the petitioner was called upon by the General Manager, South Zone, to submit his explanation in respect of certain irregularities in advances at Panambur. The petitioner, accordingly, had furnished his explanation clarifying the position and refuting the several allegations against him. However, the respondent bank had proceeded to issue a charge sheet, fourteen months thereafter, consisting of eight charges, dated 22.11.1996. The petitioner had submitted his statement of defence. An enquiry was conducted and an enquir...
Tag this Judgment!Smt. Akkayamma W/O Venkatanarasaiah, (Since Deceased by Her L.R., Venk ...
Court: Karnataka
Decided on: Sep-22-2006
Reported in: 2006(6)KarLJ416
ORDERV. Jagannathan, J.1. This is the third round of litigation before this Court between the parties in respect of a claim for occupancy rights which had its beginning three decades ago.2. One Rangaiah of Kallunayakanahalli Village, Nelamantala Taluk, and his daughter Smt. Akkayamma (petitioner in W.P.No. 38796/1998) filed a joint application for grant of occupancy rights in respect of 1 acre 20 guntas of land in S.No. 1/1 of Kallunayakanahalli Village. Rangaiah's son one K.R. Rangaswamaiah (petitioner in W.P.No. 8718/1999) also joined the fray by filing an application for occupancy rights in respect of the very same land. The order passed by the Land Tribunal first in favour of Akkayamma led to a writ petition being filed before this Court and after remand on the second occasion, the Land Tribunal passed an order in favour of Rangaswamaiah and again the matter reached this court only to be remanded and, after the said remand, the Land Tribunal, Nelamangala, passed the impugned order ...
Tag this Judgment!R. Ananda S/O Rajanna Vs. Nanjundaswmay S/O Late Karibasappa and ors.
Court: Karnataka
Decided on: Sep-22-2006
Reported in: 2007(1)KarLJ259
ORDERK.L. Manjunath, J.1. The matter is listed for orders to take steps to bring the L.Rs of the deceased R-4 and to furnish the correct address of R-7 in order to ascertain whether the respondents 7 and 4 are necessary parties to adjudicate the matter in controversy in this writ petition. The court directed the learned Counsel for the petitioner to narrate the facts of the case. It is disclosed by the parties that suo motu the court has passed an order directing the plaintiff to pay the deficit court fee on the actual market value of the suit property. The plaintiff before the trial court is challenging the order passed by the trial court suo motu in this writ petition.2. Learned Counsel for the petitioner submits that he is not seeking any relief against R-4 and R-7. Accordingly, the petitioner is permitted to delete R-4 and R-7.3. Petitioner herein is the plaintiff in O.S. No. 4785/2004 before the City Civil Judge, Bangalore. The suit is instituted by the plaintiff to declare him as...
Tag this Judgment!Smt. L.V. Sankeshwar, Proprietrix, Vijayanand Travels and ors. Etc. Et ...
Court: Karnataka
Decided on: Sep-22-2006
Reported in: (2006)206CTR(Kar)274; 2006(112)ECC188; 2006LC188(Karnataka); 2006[4]STR257; [2007]6STT31
ORDERMohan Shantanagoudar, J.1. The issue involved in all these writ petitions is levy of 'Service Tax' on tour operators, whose services are brought under the 'Service Tax' net by the Finance Act 1997 (by amending Finance Act 1994) which came into force with effect from 01.09.1997 vide Notification No. 37/97 (dated 22-8-97).The petitioners being the owners of contract carriages and taxies have obtained the tourist permits under the provisions of Section 49 of the Karnataka Motor Vehicles Act (hereinafter referred to as 'M.V. Act' for short) in respect of the motor vehicles owned or operated by them. The Petitioners in W.P.No. 300/2002 and W.P. 38821/2002 are the contract carriage bus operators. The petitioners in other writ petitions are all the taxi operators. Since the common questions of facts and law are involved in all these writ petitions, they have been clubbed and disposed of by this common order.2. I have heard learned Counsels Sri K.R. Prasad, Vijayshankar Associates, Sri. N...
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