Karnataka Court January 2008 Judgments
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Oriental Insurance Company Limited Vs. Smt. Saraswathamma and ors.
Court: Karnataka
Decided on: Jan-22-2008
Reported in: 2009ACJ696; ILR2008KAR1553; 2008(2)KCCR1090; 2008(3)AIRKarR341; AIR2008NOC1923; 2008AIHC2566(Kar)
Mohan Shantanagoudar, J.1. The Insurance Company in this appeal is challenging the judgment and award dated 12.6.2006 passed in MVC No. 2758/ 2005 by the IX Addl. Judge, Member, MACT-7, Court of Small Causes, (SCCH-7), Metropolitan Area, Bangalore.2. The brief facts of the case are that, while, the deceased was loading the watermelon fruits on the lorry, slipped and fell down from the lorry on a large stone, sustained grievous injury to the spinal cord and succumbed to the injuries on 4.2.2005 while under treatment. The claimants, being the legal representatives of the deceased, filed claim petition praying for grant of compensation under the provisions of Section 163A of the Motor Vehicle Act. The Tribunal has awarded total compensation of Rs. 2,72,200/- with 6% interest thereon under various heads. This appeal is filed by the Insurance Company challenging the findings relating to negligence and the quantum of compensation.3. Sri. P.B. Raju, learned Counsel appearing on behalf of the ...
Motor Industries Co. Ltd. Vs. Commissioner of Income-tax and anr.
Court: Karnataka
Decided on: Jan-22-2008
Reported in: [2009]314ITR29(KAR); [2009]314ITR29(Karn)
K.L. Manjunath, J.1. This appeal is by the assessee challenging the concurrent findings of the order passed by the Assessing Officer dated December 19, 1995, which has been affirmed by the Commissioner of Income-tax (Appeals) and further confirmed by the Income-tax Appellate Tribunal, Bangalore Bench, in I.T. A. No. 395/Bang/1998 dated November 21, 2003.2. In respect of the assessment year 1989-90, the Assessing Officer passed an order. Thereafter, being aggrieved by the order of the Assessing Officer, the assessee filed an appeal before the Commissioner of Income-tax (Appeals) in Appeal No. ITA-53/DCSR.6/CIT(A)I/95-96 which came to be allowed in part and direction was issued to revise the order of assessment. Accordingly, the Deputy Commissioner of Income-tax, Special Range-1, Bangalore, by his order dated September 13, 1991, passed an order of revised assessment wherein a sum of Rs. 25,41,834 was added with interest under Section 244A(3) of the Income-tax Act, 1961 (hereinafter refer...
Baywest Power and Energy P. Ltd. Vs. Zlpro International Ltd. and anr.
Court: Karnataka
Decided on: Jan-22-2008
Reported in: [2009]148CompCas751(Kar)
K.L. Manjunath, J.1. The appellant was the respondent in Company Petition No. 13 of 2002. The respondent was the petitioner in the aforesaid company petition. The present appeal is filed challenging the order passed by the learned company judge in Company Petition No. 13 of 2002 dated July 28, 2006, ordering to wind up the appellant-company under the provisions of the Companies Act, 1956, having found that the appellant herein has failed to discharge the admitted liability payable to the respondent.2. For the sake of convenience, the parties would be referred to as per their status before the company court.3. The petitioner is engaged in the business of manufacture and supply of high voltage electrical equipments. One of the group of companies of the respondent-company, M/s. Klen and Marshalls ., vide letter dated August 5, 1999, expressed its desire to produce 72.5 KV and 123 KV rated lightning arrestors. After negotiation, the respondent-company placed an order on November 8, 1999, f...
Smt. Usha Gopirathnam W/O Shri Gopirathnam, Vs. Shri P.S. Ranganathan, ...
Court: Karnataka
Decided on: Jan-22-2008
Reported in: 2008(3)AIRKarR291; AIR2008NOC2137; 2008AIHC2457(Kar); 2008(5)KLJ220
V. Jagannathan, J.1. This appeal is by the unsuccessful plaintiffs before the trial court. The suit filed by the plaintiffs for dissolution of the firm viz., M/s. High Clere Stud, and Agricultural Farm and for putting the plaintiffs in separate possession of the portion of the land to be awarded to the deceased Gopirathnam and for accounts of the farm, from the data of constitution of the firm, till the date of the suit and for costs and other reliefs came to be dismissed and hence, aggrieved by the said decision of the trial court, the plaintiffs are before this court.2. The first appellant is the wife of late Gopirathnam and appellants 2 and 3 are the daughters of the above said first appellant and Gopirathnam. Gopirathnam was one of the partners of the 4th respondent M/s. High Clere stud and Agricultural Farm. The other partners were the respondents 1 to 3. Respondents 5 to 7 are the purchasers of some of the suit properties.3. A deed of partnership came into existence on 1.1.1966 a...
The Special Land Acquisition Officer Vs. Mallareddeppa S/O Bhimangouda ...
Court: Karnataka
Decided on: Jan-21-2008
Reported in: ILR2008KAR1531; 2008(3)KarLJ501; 2008(2)KCCR717; 2008(2)AIRKarR405; AIR2008NOC1347; 2008AIHC2008(Kar)
ORDERN.K. Patil, J.1. Though these matters are posted for orders, with the consent of the learned Counsel appearing for both parties, the matter is taken up for final hearing and is disposed of as follows:2. The respondent in these two revision petitions have filed the application under Section 18(3)(b) of the Karnataka Land Acquisition Act, 1894 (hereinafter called the 'Act') seeking a direction to the common petitioner in both the revision petitions- Special Land Acquisition officer, Indi Taluk, Bijapur to submit reference to the Land Acquisition Court in file No. LAQ. SR 42-44/2002-03 Part-III, UKP, Indi for determination of the market value in respect of the land bearing Survey No 68 measuring 08 acres 36 guntas (in LAC No. 520O6 & C.R.P No. 58/2007) and Sy. No. 19A, measuring 01 acre 20 guntas, both situate at Chinoholi Village, Shorapur Taluk, Gulbarga District. Along with the said lands, several other lands belonging to other persons were notified and acquired by the State Gover...
Vasanth Annaji Gramopadhye by His Pa Holder, Sri G.S. Ganachari Vs. St ...
Court: Karnataka
Decided on: Jan-21-2008
Reported in: ILR2008KAR1071; 2008(4)KarLJ51; 2008(2)KCCR662; 2008(3)AIRKarR118
ORDERH.V.G. Ramesh, J.1. Petitioner aggrieved by the order of the Land Tribunal, Jamakhandi dated 24.10.1981 in respect of 1/4th share in Sy. No. 213/3 measuring 7.36 acres situate at Terdal Village, Jamkhandi Taluk has filed this petition.2. Heard the counsel for the petitioner, counsel representing the contesting respondent and the Government Pleader.3. It is the case of the petitioner that he is a member of the joint family being the son of one Annaji, and was in military service as on the date of vesting of the land i.e., on 1.3.1974 and the land cannot be vested with the government and neither can it be treated as a tenanted land since he was in military service and he is a protected tenant under the provisions of the Land Reforms Act, 1961.4. Further, the respondent submits that the tenancy was created as early as in the year 1951 itself by the grand father of the petitioner Ramachandra who had four sons. Petitioner is the son of one of the sons of Ramachandra i.e., Annaji and in...
Mr. Anil George Vs. the Karnataka State Nursing Council Represented by ...
Court: Karnataka
Decided on: Jan-21-2008
Reported in: AIR2008Kant101; [2008(117)FLR958]; ILR2008KAR1815; 2008(4)KarLJ173; 2008(2)KCCR665; 2008(3)AIRKarR86
Cyriac Joseph, C.J.1. The appellant is the petitioner in W.R No. 2375/ 2006 which was rejected by the learned Single Judge on 10.08.2006. The prayer in the Writ Petition was for a direction to the respondent to correct the petitioner's date of birth entered in the Registration Certificate issued by the respondent-Karnataka State Nursing Council. The petitioner prayed for change of date of birth from 31.05.1984 to 16.07.1984. In support of the claim for correction of the date of birth in the Registration Certificate, the petitioner had produced the order dated 24.08.2004 passed by the Joint Commissioner for Government Examinations, Thiravananthapuram, correcting the date of birth of the petitioner in his Secondary School Leaving Certificate (S.S.L.C) from 31.05.1984 to 16.07.1984. When the respondent refused to act upon Annexure-A Order dated 24.08.2004 passed by the Joint Commissioner for Government Examinations, Thiruvananthapuram, the petitioner filed the Writ Petition. However, the ...
B.K. Suresh Vs. Income Tax Officer
Court: Karnataka
Decided on: Jan-21-2008
Reported in: (2009)221CTR(Kar)80
Deepak Verma, J.1. Heard Sri A. Shankar, learned Counsel appearing for the appellant and Sri Aravind, learned Counsel appearing for the respondent.2. This appeal under Section 260A of the IT Act, 1961 (hereinafter shall be referred to in short as 'the Act') has been preferred by the assessee against the order passed by the AO confirmed in appeal by the CIT(A) and further confirmed in further appeal by the Tribunal, Bangalore Bench. All the aforesaid orders are subject-matter of challenge in this appeal.3. Facts, in short, are as under:Appellant assessee was a professor and was the Head of Department in Mechanical Engineering section of JNN College of Engineering, Shimoga and was assessed to tax with the ITO, Ward (3), Shimoga. The assessee had purchased National Savings Certificates (in short 'NSC') during the financial year 1992-93. The Directorate of Small Savings, Government of Karnataka, as a measure to encourage small savings, amongst the public framed a scheme under which it offe...
H.M. Manjunath Vs. the Board of Directors/Appellate Authority, Rep. by ...
Court: Karnataka
Decided on: Jan-20-2008
Reported in: ILR2009KAR738:2009(4)KCCRSN188:2009(2)KLJ434
ORDERSubhash B. Adi, J.1. This Writ Petition is by the workman, questioning the impugned order dated 3-2/3-2006 produced at Annexure-C and also an order at Annexure-E dated 3.2.2007.2. Petitioner is working as a Law Officer in the respondent -Corporation. On 21 -11 /12-2002 he was served with the articles o f charge under Regulation-23 of the Karnataka State Road Transport Corporation Servants' (Conduct & Discipline) Regulations, 1971 (hereinafter referred to as 'the Regulations') interdict alleging that, he was negligent in conducting I.D. No. 362/1990, which has resulted in passing of the award against the Corporation and, dismissal of W.P. No. 23838/1994 and Writ Appeal No. 4241/1999 and has caused loss to the tune of Rs. 2,07,510/- to the Corporation and also alleged that, he has not discharged his duties sincerely.3. Corporation relied on two documents viz., the report of the Deputy Chief Security Officer dated 5.2.2002 and the report of Divisional Controller dated 5.2.2002 and on...
Sri. C. Thimmappa S/O Basappa Vs. Mariyappa S/O Rangappa (Since Dead b ...
Court: Karnataka
Decided on: Jan-18-2008
Reported in: AIR2008Kant107; ILR2008KAR1270; 2008(5)KarLJ453; 2008(5)KLJ453; 2008(2)KCCR703; 2008(2)AIRKarR566; AIR2008Kar107; 2008(3)ICC295; 2008AIHC2093(Kar)
D.V. Shylendra Kumar, J.1. This Second Appeal is by the plaintiff in OS No. 422 of 1992 who though succeeded in getting the decree for recovery of possession of the suit schedule property described as schedule-B forming part of 'A'-Schedule property and had initially succeeded in sustaining that decree before the court, in the second appeal by the defendant, this Court having set aside the matter and having remanded the matter to the lower appellate court and the lower appellate court now having allowed the appeal of the defendant, is now before this Court seeking for restoration of the Judgment and decree as passed by the trial court.2. In between, during the pendency of the appeal before the lower appellate court, the matter had come to this Court through a civil revision petition as the plaintiffs application seeking for amendment of the plaint to include the prayer for declaration though originally the prayer was only for recovery of possession of the property, had been rejected by...
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