Karnataka Court February 2007 Judgments
A.V. Amarnathan S/O Late T.K. Karunakaran Vs. Sri. H.D. Kumaraswamy, C ...
Court: Karnataka
Decided on: Feb-23-2007
Reported in: 2007CriLJ2313
ORDER1. Sri.A.V. Amarnathan is before this Court seeking for a relief of initiation of proceedings against Sri. H.D. Kumaraswamy, Hon'ble Chief Minister for committing criminal contempt of this Court on the following facts:Complainant is an advocate of this Court. Karnataka Electricity Reforms Act 1999 (for short 'the Act') was brought into force on 1.6.1999. It had established a Regulatory Commission in terms of the Statutory provision. Commission has the necessary power, so vested in the Civil Court in terms of CPC. Electricity Act 2003 came into force with effect from 10.6.2003 under the Central Act. The State Electricity Regulatory Commission is constituted and is functioning as Electricity Court. Electricity Company filed its tariff before the Commission and in the case on hand all electricity companies filed an application seeking for enhancement of tariff for the year 2006. After a public hearing, the Commission passed an order.2. The respondent is the Chief Minister of the Stat...
Tag this Judgment!Shri H. Nabhiraja Vs. the Dy. Commissioner of Income Tax
Court: Karnataka
Decided on: Feb-23-2007
Reported in: (2007)210CTR(Kar)55; [2008]296ITR119(KAR); [2008]296ITR119(Karn)
1. Sri. Nabhiraja, Proprietor Premier Service Station is before us aggrieved by the order of the Income Tax Appellate Tribunal (for short 'the Tribunal') in IT(SS)A No. 184/Bang/2002 dated 31.1.2005 and in M.P. 77/Bang/2005 in the case on hand.2. Facts in brief are as under:The assessee is the Proprietor of M/s. Premier Service Station and Malai Mahadeswara Auto Agency. On 12.11.1999, the Department conducted search and seizure operation Under Section 132 of the Income Tax Act, 1961 at the residential and business premises of the appellant. Documents were recovered. Thereafter, the appellant was asked to file its returns for the block period 1990 to 1999. The appellant declared a total undisclosed income of Rs. 2,01,091/-. The assessing officer concluded the block assessment dated 28.11.2001. He concluded a sum of Rs. 1,02,28,563/- as undisclosed income. He imposed a tax of Rs. 61,37,137/-. Interest was imposed Under Section 158BC. Aggrieved by the same, an appeal was filed before the ...
Tag this Judgment!The Karnataka Public Service Commission Vs. Sri K. Mariswamy S/O Sri S ...
Court: Karnataka
Decided on: Feb-22-2007
Reported in: ILR2007KAR4205; 2008(1)KarLJ378; 2007(4)KCCR2352; 2007(6)AIRKarR80(DB)
Cyriac Joseph, C.J.1. This writ petition is filed against the order dated 10.04.2006 passed by Karnataka Administrative Tribunal in Application No. 1040 of 2003 which was filed by the respondent in this writ petition, The respondent filed the application praying to quash Anncxure-A1 notification issued by the Karnataka Public Service Commission (respondent No. 1 in the application and petitioner in this writ petition) in so far as it prescribed a first class bachelor degree in Ceramics as minimum qualification for the post of Lecturer in Ceramics. There was also a prayer for a direction to the Karnataka Public Service Commission to consider the application of the applicant without insisting on the qualification of first class bachelor's degree in Ceramics, The challenge against Annexure-A1 notification was on the basis that the recruitment to the post of Lecturers in Government Polytechnics in the Department of Technical Education is governed by the Karnataka Education Department Servi...
Tag this Judgment!Rasheed S/O Ammenshaik, Vs. the State of Karnataka, Through Santhpur P ...
Court: Karnataka
Decided on: Feb-21-2007
Reported in: 2007CriLJ2316; ILR2007KAR1168; 2007(3)KarLJ393
ORDERMohan Shantanagoudar, J.1. Petitioners are accused in Crime No. 62/2006 (FIR No. 21/06) of Santapur Police Station, Aurad Taluk, registered for the offences punishable under Sections 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act' for short). These petitioners were found transporting 224 KGs. of ganja contained in six gunny bags in a Scorpio car on 11.6.2006 at about 10.30 a.m. The police have seized the ganja as well as the aforesaid vehicle used for transportation. The petitioners are apprehended alongwith the drug after chasing for certain distance when they tried to escape. They have filed this petition praying for the relief of releasing them on bail.2. Sri Sharanabasappa, learned Counsel appearing for the petitioners submits that the police did not file charge sheet till the expiry of 180 days from the date of arrest of the petitioners and that therefore, the petitioners should be released on bail. The said submissi...
Tag this Judgment!Subhash Jadhav S/O Hanamantrao Jadhav and Vithalrao Sawanth S/O Mukund ...
Court: Karnataka
Decided on: Feb-21-2007
Reported in: 2008(1)KarLJ529; 2007(5)AIRKarR588; AIR2007NOC2441
ORDERK. Ramanna, J.1. This revision is filed under Section 115 of the Civil Procedure Code by the revision petitioner - tenant to set aside the order dated 08.07.2005 passed by the Principal District Judge, Gulbarga, in RRP No. 11/2004 confirming the Order passed by the Principal Civil Judge (Junior Division), Gulbarga, in HRC No. 110/1996 dated 09.09.2004.2. The brief facts leading to this case axe that the respondent herein being the owner landlord, constructed the premises at plot No. 45 of Super Market, Gulbarga. Both the respondent and his brother are running readymade cloths in the portion of the shop premises. Prior to the setting up of said business, the respondent herein leased a portion of the shop in the ground floor measuring 6'x20' to these revision petitioners to carry on the business i.e., Taxi hire business in the year 1979. Later on, the revision petitioners took another portion of the said shop measuring 20'X10' adjoining to the above mentioned premises for running th...
Tag this Judgment!Bpl Refrigerators Rep. by Its Director, Sri. Sundararaman Vs. Deputy L ...
Court: Karnataka
Decided on: Feb-21-2007
Reported in: (2007)IIILLJ739Kant; ILR2007(2)Kar1377; 2007(2)KarLJ364; 2007(2)KCCR1465; 2007(3)AIRKarR48; 2007IILLJ739
ORDERH.N. Nagamohan Das, J.1. In this writ petition the petitioner - BPL Refrigerators have prayed for a writ in the nature of certiorari to quash the order dated 24.02.2003 passed by the first respondent - Deputy Labour Commissioner issuing recovery certificate under Section 33-C(1) of the Industrial Disputes Act (for short 'the Act').2. Petitioner is an industry engaged in the manufacture of Refrigerators and other electronic products. Respondents 2 to 19(1) are workmen in the petitioner industry. In the month of July 1998 the workers submitted a list of charter of demands. Since the charter of demands were not met, the workers went on strike from 19.11.1998. Finally on 14.04.1999 the strike was called off. But the issues like termination of some workmen, strike, charter of demands etc., were referred for adjudication to Industrial Tribunal at Bangalore and the same came to be registered in I.D.No. 18/1999 and the following issues are framed:I. Whether the workers of the 5th responde...
Tag this Judgment!Smt. T.K. Gowramma W/O. T. Krishna Kumar Vs. Sri. C.K. Raviprasanna S/ ...
Court: Karnataka
Decided on: Feb-21-2007
Reported in: ILR2007KAR1214; 2007(3)KLJ448; 2007(2)KCCR1482; 2007(2)AIRKarR542; AIR2007NOC1071
ORDERH.N. Nagamohan Das, J.1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 06.10.2005 on I.A. No. II in O.S. No. 91/2005 pasted by the Civil Judge (Junior Division) and JMFC at Suliya and the order dated 16.11.2006 in M.A. No. 34/2005 passed by the Civil Judge (Senior Division), Puttur.2. The respondent filed O.S. No. 91/2005 against the petitioner for grant of decree of permanent injunction restraining the petitioner from interfering with the respondent's possession and enjoyment of schedule property. In O.S. No. 91/2005, the respondent filed I.A. No. II under Order 39 Rule 1 and 2 CPC for grant of temporary injunction. The trial Court after hearing both the parties granted an order of temporary injunction and the same reads as under:I. The plaintiff shall not make any alteration to the existing building or construct any permanent structures or damage the building or waste, damage or alienate the plaint schedule proper...
Tag this Judgment!S.R. Patil S/O. Ramagouda Patil Vs. State of Karnataka, by Its Secreta ...
Court: Karnataka
Decided on: Feb-21-2007
Reported in: ILR2007KAR4653; 2007(6)KarLJ405; 2007(4)KCCR2332; 2007(5)AIRKarR107(DB)
Cyriac Joseph, C.J.1. This Writ Appeal is filed against the judgment dated 22.11.2006 in Writ Petition No. 15359/2006 which was allowed by the learned Single Judge. The appellant is the second respondent in the Writ Petition. The second respondent was the petitioner in the Writ Petition.2. The second respondent Sri. Rajashekar was appointed as Additional Government Pleader vide Annexure-'A' order dated 30.5.2003. According to Annexure-'A' order, the appointment was for a period of three years from the date of the order or until further orders whichever is earlier. As per Annexure-'B' order dated 12.4.2006, the appointment of Sri. Rajashekar as Additional Government Pleader, Chikkodi, was continued for a period three years from 30.5.2006 or until further orders whichever is earlier. The Government, vide Annexure-'C' letter dated 24.8.2006 informed the District and Sessions Judge, Belgaum, that the Government proposed to appoint Sri. S.R. Patil, Advocate, (Appellant herein) as Additional...
Tag this Judgment!Electro Anil Ltd. Vs. State of Karnataka - by Its Chief Secretary and ...
Court: Karnataka
Decided on: Feb-21-2007
Reported in: 2007(4)KarLJ316; ILR2007(2)Kar1362; 2007(2)KCCR1508; 2007(3)AIRKarR203
ORDERH.V.G. Ramesh, J.1. The petitioner has prayed for a declaration that Section 34B of the Karnataka Industrial Area Development (Amendment) Act, 2000 as invalid and in violation of Article 19 & 21 ot the Constitution; that the termination of lease as per annexure S bearing No. IADB 3716 11118 2001-02 dated 2.1.2002 issued by the 3rd respondent is illegal; to declare the order of allotment dated 4.3.2002 issued by the 4th respondent at annexure Y as illegal and also to issue consequential direction to the respondents to restore the possession of the property to me petitioner by accepting the difference amount along with interest amounting to Rs. 6,52,696/- and for such other orders.2. Petitioner is said to be registered as a private limited company on 27.4.1982 for the purpose of manufacture of electronic battery powered two wheelers. Later the petitions is said to have converted into a public limited company recognised by the respondents as per annexure A. One Prabhakar who is a Dir...
Tag this Judgment!Bharat Earth Movers Limited Rep. by Its Company Secretary, Shri K.C. M ...
Court: Karnataka
Decided on: Feb-20-2007
Reported in: [2007(114)FLR700]; 2007(3)KarLJ225; (2007)IIILLJ112Kant; ILR2007(2)Kar1786; 2007(3)KCCR1559; 2007(3)AIRKarR217
ORDERSubhash B. Adi, J.1. This Writ Petition is directed against the order passed by the Labour Court, Mysore in Application No. 31/1994 dated 23rd December 2005.2. Respondent Nos. 1 to 121 filed an application before the Labour Court, interalia claiming the difference of minimum wages from the petitioner. The Labour Court by order dated 20th November 1996 had rejected the contention of the petitioner that the proceedings before the Labour Court against the petitioner is not maintainable, as the respondent No. 122. the Contractor was not made party. The said order was called in question by the petitioner in W.P. Nos. 7338/1997 and 9341 to 9459/1997. This Court by order dated 3.12.1997 held that the Contractor is a necessary party and directed to implead the Contractor in the proceeding. In view of the order passed by this Court, respondents-1 to 121, who were the claimants before the Labour Court, impleaded respondent No. 122 also as second party. The Labour Court by order dated 12.5.2...
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