Karnataka Court February 2008 Judgments
S.S. Angadi, Retd. Joint Director of Horticulture of State Government ...
Court: Karnataka
Decided on: Feb-29-2008
Reported in: AIR2008Kant149; 2008(6)KLJ478; 2008(3)KCCR1361; 2008(4)AIRKarR134; AIR2008Kar149; 2008AIHC2785(Kar)
ORDERK.L. Manjunath, J.1. Heard the petitioner who is party-in-person and the government Advocate for respondent-1.2. The petitioner as a member of Basava Samithi, a society registered under the provisions of the Karnataka Societies Registration Act 1961 filed an application under Section 6 of the Right to Information Act, 2005, to the President of the Basava Samithi, Bangalore requesting him be furnish certain information and inspection of the records. The same was submitted to the 2nd respondent by the petitioner on 22.9.2006.3. Contending that the representation of the petitioner had not been considered by the 2nd respondent, the petitioner lodged a complaint under Section 18 of the Act. The Information Commissioner has rejected the complaint lodged by the petitioner on the ground that the 2nd respondent does not come under the provisions of the Right to Information Act 2005. Accordingly, the complaint is rejected on 10.12.2007 as per Annexure-C, The legality and correctness of this...
Tag this Judgment!The Management of Powergear Ltd. Represented by Its Director (Finance ...
Court: Karnataka
Decided on: Feb-29-2008
Reported in: ILR2008KAR2691; 2008(6)KarLJ352; (2009)IILLJ70Kant
ORDERSubhash B. Adi, J.1. An order dated 12th December 2007 in Serial Application No. 44/2003 in I.D. No. 116/2000 is called in question by the petitioner.2. Petitioner filed an application under Section 33(3)(b) of the Industrial Disputes Act (hereinafter referred to as 'the Act') seeking permission of the Industrial Tribunal for dismissal of the protected workman.3. It is alleged by the petitioner that, an enquiry was held against the respondent and by an order dated 25.7.2003, he was kept under suspension pending grant of permission by the Tribunal. In tins regard, an application was filed seeking permission of the Tribunal to discharge the workman on the ground that, the charges alleged against the workman air proved and the enquiry is held as lair and proper. The said application was contested by the respondent - workman. Evidence was led by both the parties. On behalf of the applicant, one witness was examined and on behalf of the workman, workman himself got examined and as many...
Tag this Judgment!The Executive Engineer, No. 1, Hemavathi Right Bank, Nala Division, Vs ...
Court: Karnataka
Decided on: Feb-29-2008
Reported in: (2009)ILLJ513Kant
ORDERSubhash B. Adi, J.1. W.P. No. 31935/2004 is by the State Government assailing the award dated 20th December 2000 in I.D. No. 79/1993, W.P. No. 16469/2004 is filed by the workman seeking modification of the very same award against disallowing of the backwages, continuity of service and consequential service benefits. In other cases also, similar relief is sought In all these writ petitions, a common question is raised:as to whether, the daily wages employee, employed by the State within the meaning of Article 12 of the Constitution of India against the sanctioned or non-sanctioned poet, are entitled for reinstatement on the ground that he had completed 240 days of continuous service in a calendar year?2. In one of the writ petitions, the workman claims that, he was employed on dairy wages in the year 1985 and had worked continuously till 1989 as a Typist and was terminated from service w.e.f. 25.3.1989 and claimed that, he having worked for more than 240 days continuously in the pr...
Tag this Judgment!United India Insurance Co. Ltd. Through Its Regional Office Rep. by It ...
Court: Karnataka
Decided on: Feb-29-2008
Reported in: 2008ACJ2585; 2009(2)KarLJ171
K. Ramanna, J.1. This appeal is filed by the insurer challenging the correctness and legality of the judgment and award made by the Commissioner for Workmen's Compensation (hereinafter referred to as 'the Commissioner' for short), Bagalkot, dated 24.7.2003 passed in Case No. W.C. SR.28/02 whereby the claim petition filed by respondent Nos. 1 to 7 came to be allowed awarding compensation of Rs. 1,84,646/- together with interest at 12% p.a. and directed the appellant to deposit the said amount within sixty days failing which the appellant-insurer is liable to pay interest at 18% p.a. Assailing the same, the appellant-insurer has come up with this appeal.2. The case or the respondent Nos. 1 to 7 in nutshell is that they are the dependents of late Hanamanth Ingale who was working under respondent No. 8 as a coolie in a tractor bearing Reg. No. KA 29:2806 and trolley No. 2807 and that the respondent No. 8 was paying the deceased, salary of Rs .4,000/- p.m. and batta of Rs. 25/- per day. It ...
Tag this Judgment!Smt. Gangambika Vs. Income-tax Officer
Court: Karnataka
Decided on: Feb-29-2008
Reported in: [2009]315ITR262(KAR); [2009]315ITR262(Karn)
Deepak Verma, J.1. Heard Sri Y.V. Raviraj, learned Counsel for the appellant and Sri M.V. Seshachala, learned Counsel for the respondent.2. The assessee feeling aggrieved by the order passed by the Income-tax Appellate Tribunal, Bangalore Bench 'B', on April 13, 2005, in I.T.A. No. 3155/Bang/2004 for the assessment year 1997-98 is, before us by filing this appeal under Section 260A of the Income-tax Act;. 1961 (hereinafter shall be referred to in short as 'the Act'), on a variety of grounds.3. The appeal has been admitted on the following substantial questions of law:(a) Whether the Tribunal was justified in upholding the order of assessment without considering the validity of reopening of the assessment by invoking the provisions of Section 147 of the Act when no fresh facts or materials were available to the assessing authority after the completion of the assessment by issuing intimation under Section 143(1)(a) of the Act?(b) Whether, on the facts and in the circumstances of the case...
Tag this Judgment!Smt. T.J. Manjamma W/O S. Yoga and ors. Etc. Etc. Vs. State of Karnata ...
Court: Karnataka
Decided on: Feb-28-2008
Reported in: ILR2008KAR2282; 2008(5)KarLJ392; 2008(2)KCCRSN118; 2008(3)AIRKarR409
ORDERD.V. Shylendra Kumar, J.1. It is more than sixty years since we achieved independence and about two years less since we became a Socialist Secular Democratic Republic. The Constitution of India proclaims that providing ourselves a Constitution was for the purpose of achieving justice - social, economical and political. Also declared that there shall be liberty of thought, expression, belief, faith and worship and very importantly equality of status and opportunity to all citizens of the country. Leave alone providing the means and source for leading a dignified life, we have not been able to provide even the basic necessities of life to all our fellow citizens. Poverty, concomitant hunger, lack of food for all people, and also clothing and shelter, no housing facility to all citizens, totally inadequate health facilities, not all can afford medical services, if is to be obtained as a cost, mal-nutrition, diseases, even social maladies, have persisted with gay abreaction even today...
Tag this Judgment!K.N. Srinivas Murthy (Wrongly Shown as A.N. Srinivasa Murthy) S/O Kash ...
Court: Karnataka
Decided on: Feb-28-2008
Reported in: 2009(6)KarLJ124; 2008(2)KCCR1269; 2008(4)AIRKarR63; AIR2008NOC2238; 2008AIHC2757(Kar)
ORDERN.K. Patil, J.1. Petitioners, being aggrieved by the impugned judgment and order dated 3rd August 2004 passed in Execution No. 41/1999 on the file of the learned Civil Judge (Jr.Dvn.) and JMFC at Gubbi, have presented the instant revision. Further, petitioners have sought to issue appropriate direction to issue an appropriate warrant to the surveyor to deliver possession of 01 acre 39 guntas of land in Sy. No. 101/1 and 101/2 in Changavikaval Grama, Chandrashekharapura Village, Gubbi Taluk to the plaintiffs - decree holders.2. The undisputed facts of the case are that, these two petitioners had earlier filed a Regular Second Appeal before this Court in R.S.A. No. 445/1993 being aggrieved by the judgment and decree passed in R.A. No. 118/1986 dated 24th February 1993, setting aside the judgment and decree passed in O.S. No. 99/1975 on the file of the Munsiff and JMFC, Gubbi dated 8th September 1986. The said matter had come up for consideration before this Court and this Court, aft...
Tag this Judgment!The Authorised Officer and Deputy Conservator of Forest, Belgaum Divis ...
Court: Karnataka
Decided on: Feb-28-2008
Reported in: ILR2008KAR2529; 2008(6)KarLJ219; 2008(3)KCCR1340; 2008(4)AIRKarR54; AIR2008NOC2320
ORDERK.L. Manjunath, J.1. The legality and the correctness of the order pawed by the Fast Track Court-II and Additional Sessions Judge, Belgaum in Crl. Appeal No. 129/2005 dated 27.5/2005 is called in question by the Authorised officer and the Deputy Conservator of Forest, Belgaurn Division, Belgaum.2. On the receipt of the credible information by the forest Officer of Khanapur forest Range that the truck bearing registration No. MEZ-4179 was illegally transporting porting the timber of the forest from Sy. No. 30 of Harsanawadi Forest, seized the truck which was carrying the forest produce.3. A case was registered against the respondent for the offence committed under the provisions of the Forest Act and a show cause notice was issued by the Authorised officer to the respondent as to why this truck should not be confiscated to the State After hearing, the authorised Officer ordered to confiscate the truck of the respondent Being aggrieved by the same, the respondent filed an appeal bef...
Tag this Judgment!Karnataka State Agro Corn Products Ltd. Vs. Deputy Commissioner of Inc ...
Court: Karnataka
Decided on: Feb-28-2008
Reported in: [2009]316ITR468(KAR); [2009]316ITR468(Karn)
Deepak Verma, J.1. Shri S. Parthasarathy for the appellant and Shri M.V. Seshachala for the respondent.2. The appellant/assessee is before us challenging the correctness, propriety and legality of the order passed by the Income-tax Appellate Tribunal on January 9, 2002, in I.T.A. No. 934/Bang/1993 for the assessment year 1990-91, under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act' for brevity). The appeal before the Tribunal was at the instance of the Revenue against the order of the Commissioner of Income-tax (Appeals), dated March 1, 1993. Even though the appeal has been admitted on the following substantial questions of law, namely:(1) Whether the interest earned by the appellant out of the deposits were excludible from the eligible profits for the purpose of deduction under Section 32AB of the Act?(2) Whether in view of the provisions of Section 32AB(3) of the Act, the Tribunal was justified in excluding the interest which formed part of the profits...
Tag this Judgment!Nagamma S/O Late R. Maharaj Vs. State of Karnataka by Its Secretary Re ...
Court: Karnataka
Decided on: Feb-27-2008
Reported in: ILR2008KAR2587; 2008(6)KarLJ190; 2008(3)KCCR1645
ORDERH.V.G. Ramesh, J.1. Petitioner being aggrieved by the order of the Land Tribunal, Shimoga rejecting her application for grant of occupancy rights in Sy. No. 330 measuring 10.37 acres on the ground that it is not a tenanted land, is before this Court challenged the said order.2. According to the petitioner, her husband late R. Maharaj was the tenant of the land in Sy. No. 104 (renumbered as Sy.No. 330) of Uragadur Village, Shimoga measuring about 10.37 acres which is inclusive of 6 guntas of kharab. Her husband was cultivating the land as a tenant from the year 1964 and was also paying the gutta to the landlord. Evidencing this fact, pahanis for the year 1966-67, 1967-68 and the RTC for the years 1969-79 to 1972-73, 1974-75 to 1977-78 is produced, the grievance of the petitioner is, despite the same, the pahani was changed in the name of Manjunatha Rao and Subba Rao illegally without notice to the petitioner although the petitioner had been cultivating the land as a tenant from the...
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