Karnataka Court February 2008 Judgments

M. Chandrashekar Vs. T.R. Aswathanarayana Rao, since dead by his LR's ...

Court: Karnataka

Reported in: ILR2008KAR2181; 2008(6)KarLJ380; 2008(2)KCCR1065; 2008(3)AIRKarR365; AIR2008NOC1954; 2008AIHC2569(Kar)

ORDERN.K. Patil, J.1. The petitioner, being aggrieved by the order dated 21.6.2005 passed in Ex. No. 282/1983 by the I Additional Civil Judge(Jr. Dn) Mysore C/CII Addl. I Civil Judge (Jr. Dn) Mysore, has presented the instant memorandum of Civil Revision Petition.2. The petitioner herein claiming that he is the Legal representative of Smt. Puttamadamma and Smt. Nanjamma has filed an application before the Execution Court under Section 114 read with 151 of CPC to review the order dated 7.2.2005. The said application filed by petitioner had come up for consideration before the Execution Court on 21st June 2005. The Execution Court, after hearing both sides and after considering the relevant materials available on file and after affording opportunity to the petitioner has dismissed the same by assigning cogent reasons in paras-9 and 10 of the order, holding that, petitioner has no locus-standi to file such an application. In view of rejection of the application filed by petitioner by the ...

North West Karnataka Road Transport Corporation, Hubli Division by Its ...

Court: Karnataka

Reported in: (2009)224CTR(Kar)106; [2008(118)FLR179]; [2009]310ITR290(KAR); [2009]310ITR290(Karn); (2008)IIILLJ551Kant; [2009]180TAXMAN489(Kar); 2008(5)KLJ294; 2008(2)KCCR1073; 2008(3)AIRKarR358; 2008-III-LLJ-551; 2008LabIC(NOC)876(Kar)

ORDERSubhash B.Adi, J.1. This Writ Petition is directed against the order dated 30.11.2005 passed by the first respondent, confirming the order of the second respondent dated 8.2.2005.2. Deceased workman filed a claim petition before the Controlling Authority under the Payment of Gratuity Act (hereinafter referred to as the Act) interalia, claiming difference of gratuity amount, on the ground that, he joined the services of the Corporation on 24.4.1972 and he retired on 14th October 1997 and had completed 27 years 3 months' complete service and he was not paid the hill gratuity.3. Against the claim petition, the petitioner - Corporation filed the statement of objection interalia, stating that the amount deducted is towards the income tax and also for causing damage to the property of the Corporation.4. The Controlling Authority considering the rival contentions held that, the deceased workman is entitled for the difference of gratuity amount to the tune of Rs. 1,16.870/- and directed t...

Repl Engineering Limited and ors. Vs. Icds Limited Represented by Its ...

Court: Karnataka

Reported in: 2008CriLJ3415; ILR2008KAR3541; 2008(4)KCCR2208; 2008(4)AIRKarR475

ORDERN. Ananda, J.1. Petitioners arraigned as accused Nos. 1 to 5 in C.C. No. 128/2002, pending trial for offences punishable under Sections 406, 409 and 420 of IPC r/w Section 34 of IPC on the file of Principal Civil Judge (Sr. Dn), have filed this petition to quash proceedings pending therein.2. I have heard Sri M.G. Kumar, Learned Counsel appearing for petitioners and Sri Udaya Holla, learned Senior counsel appearing for I respondent and learned Government Pleader appearing for II respondent.3. Brief facts necessary for disposal of petition is as follows:The I respondent is a registered financial Institution engaged in extending credit to various Industrial units. It's head office is situated at Manipal. During the year 1995, I respondent imported six wind operated electricity generators bearing Nos. 3265542, 3265543, 3265544, 3265547, 3265548 and 3265549 from Denmark. Petitioner No. 1 M/s REPL Engineering Limited is represented through its Chairman and Managing Director, Petitioner...

The Sub-divisional Engineer, Microwave Maintence, Bharat Sanchar Nigam ...

Court: Karnataka

ORDERN.K. Patil, J.1. Petitioner in this petition is the Sub-Divisional Engineer, Microwave Maintenance at Bharat Sanchar Nigam Limited, a Government of India Enterprise. Petitioner, questioning the correctness of the impugned order dated 28th March 2001 bearing No. DCT:TAX:APL No. 19:BGM:2000-01 passed by first respondent vide Annexure G, has presented the instant writ petition.2. The facts of the case are that, petitioner is the registered owner of Motor Vehicle bearing No. KA-04/M-1207 which was purchased in the year 1990 for the Sub Divisional Engineer, Microwave Maintenance, Sirsi, North Karnataka. Since the said vehicle was old and had crossed its prescribed life, petitioner filed an application in Form No. 30 under Rule 34-A of the Karnataka Motor Vehicles Act before the second respondent and informed the said authority that, the said vehicle was not good for use and therefore, has been scrapped due to non-motor able condition and surrendered the documents pertaining to the vehi...

The Managing Director, the Cauveri Neeravari Nigam Ltd. Represented by ...

Court: Karnataka

Reported in: 2008(2)KCCR1085; 2008(3)AIRKarR363

ORDERSubhash B. Adi, J.1. An Award dated 3.7.2003 in Ref. No. 166/2001 is called in question by the petitioner.2. The issue referred to the Industrial Tribunal was, as to whether the termination of the respondent on 5.3.1990 is justified or not.3. The case of the respondent is that, he was appointed as Helper on 26.5.1984 and he was terminated from service on 5.3.1990. The State Government referred the matter on 4.3.1995 i.e. nearly after five years of his termination. Before the Industrial Tribunal, the Executive Engineer was made a party. It appears that, the Executive Engineer did not contest the matter by filing the counter statement The Industrial Tribunal based on the evidence of the respondent and Ex.W1 held that, the respondent is entitled is reinstatement without back wages.4. Thereafter, the Executive Engineer had tiled Writ Petition in W.P. No. 10936/2005 and this Court by order dated 10.1.2006 passed a peremptory order granting two weeks time to do the needful, Since, needf...

State of Karnataka and ors. Vs. K.G. Sowbhagya and ors.

Court: Karnataka

Reported in: ILR2008KAR2022; 2008(5)KarLJ576; 2008(2)KCCR1112; 2008(3)AIRKarR260; 2008LabIC(NOC)801(Kar)(DB)

A.N. Venugopala Gowda, J.1. This appeal is by the respondents in the writ petition. The respondents herein are the writ petitioners. For convenience, the parties will be referred with reference to their rank in the writ petition.2. Petitioner No. 1 is the wife, petitioners No. 2 and 3 are the son and daughter respectively of one Somasundara, who, while working as an Assistant Teacher in Government Higher Primary School, has died on 16.12.1988 leaving behind him, the petitioners. The 1st petitioner had submitted a representation dated 20.12.1990, to provide a job to her son, the 2nd petitioner, who was then aged about 6 years. Considering the said representation, a reply dated 19.1.1991 was issued to the effect that the information furnished in the application is incomplete, the date of birth of the son of the 1st petitioner being 19.2.1982, since he has not completed 18 years of age, to submit all records in triplicate later. The petitioners have submitted a representation dated 20.3.2...

S. Sana Ulla and anr. Vs. A.R. Shivashankar and ors.

Court: Karnataka

Reported in: 2008ACJ2543; ILR2008KAR1896; 2008(3)KCCR1637; 2008(4)AIRKarR342; AIR2008NOC2461; 2008AIHC2978(Kar)

Mohan Shantanagoudar, J.1. This appeal is filed by the claimants praying for enhancement of compensation awarded by the Tribunal below. Master Syed Sameer Ulla, aged about 13 years, has lost his life leaving behind the claimants as his legal representatives. The Tribunal has awarded compensation of Rs. 1,51,500/- in all under various heads with 8% interest per annum.2. The Tribunal awarded compensation in accordance with the dictum laid down in the judgement of this Court in the case of Mohammed Salar and Ors. v. Syed Ibrahim and Ors. : ILR2005KAR2388 . In the said matter, the deceased was 7 years' old and this Court proceeded to award compensation of Rs. 1,52,000/-3. In the case of New India Assurance Co. Ltd. v. Satendar and Ors. : AIR2007SC324 , the Apex Court has awarded compensation of Rs. 1,80,000/- for the death of child of 9 years. The Apex Court in the said matter has relied upon various judgements including the judgement in the case of Lata Wadhwaand Ors. v. State of Bihar an...

Smt. Lingamma Dead by L.Rs. and ors. Vs. Gangadharaiah S/O Late Siddal ...

Court: Karnataka

Reported in: ILR2008KAR2450; 2008(4)KarLJ564; 2008(2)KCCR961; 2008(3)AIRKarR313; AIR2008NOC1956; 2008(3)ICC784; 2008AIHC2478(Kar)

ORDERV. Jagannathan, J.1. This petition calls for a review of the judgment passed by this Court in Regular Second Appeal No. 955/2001 on 24.7.2007 and the submission of the learned Counsel Shri Moliammed Saleha Mukarram for the review petitioners is that this Court had dismissed the second appeal filed by the review petitioners and confirmed the judgment of the lower appellate court, which had recorded a finding that the review petitioners, being the children born out of illegal cohabitation between deceased Siddalingegowda and the mother of the review petitioners, are not entitled to any share in the ancestral properties of Siddalingegowda.2. This Court had confirmed the said view taken by the lower appellate court and also took the view that a child born out of void marriage is not entitled to a share in the coparcenery property by following the view taken by a Division Bench of this Court ill the case of Patel Chandrappa v. Hanumanthappa reported in : ILR1989KAR2384 , and accordingl...

Commissioner of Income-tax and anr. Vs. Manjit Singh Sachdeva

Court: Karnataka

Reported in: [2009]310ITR357(KAR); [2009]310ITR357(Karn)

1. Heard Sri M.V. Seshachala, learned Counsel for the appellants and Sri Y.V. Raviraj, learned Counsel for the respondent.2. The Revenue is before us challenging the correctness, proprietary and legality of the order passed by the Income-tax Appellate Tribunal, Bangalore Bench, dated May 17, 2003, passed in I.T.A. No. 313/BANG/1998 for the assessment year 1993-94. The appeal before the Tribunal was also at the instance of the Revenue against the order passed by the Commissioner of Income-tax (Appeals) dated November 28, 1997.3. Record shows that the following substantial question of law would arise for adjudication by this court.1. Whether the two appellate authorities were justified and correct in holding that the intimation dated September 26, 1994, cannot be rectified under Section 154 of the Act and additional tax levied under Section 143(1A) of the Act as in the meanwhile notice under Section 143(2) of the Act dated November 18, 1993, had already been initiated?4. Short facts, mat...

Assistant Commissioner of Income-tax and anr. Vs. Dr. K. Satish Shetty

Court: Karnataka

Reported in: [2009]310ITR366(KAR); [2009]310ITR366(Karn)

Deepak Verma, J.1. Heard Sri Arvind Kumar for the appellant and Sri Y.V. Raviraj for the respondents.2. With consent, arguments heard and record perused.3. This appeal under Section 260A of the Income-tax Act, 1961 (hereinafter 3 shall be referred to as 'the Act'), is at the instance of the Revenue against the order dated July 14, 2006, passed by the Income-tax Appellate Tribunal, Bangalore Bench, in I.T.A. No. 703 (Bang)/2005 for the assessment year 2001-02. The appeal before the Tribunal was at the instance of the assesses-respondent herein against the orders passed by the Assessing Officer and the Commissioner of Income-tax (Appeals), Mysore. The appeal filed by the assessee has since been allowed by the Tribunal, giving rise to this appeal having been preferred by the Revenue.4. The following substantial question of law arises for adjudication by this court:Whether the Tribunal was correct in applying the principle laid down by the hon'ble Supreme Court in the case of Hindustan Ste...