Karnataka Court February 2008 Judgments
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Commissioner of Income-tax and anr. Vs. Hoysala Blow Moulders (India) ...
Court: Karnataka
Decided on: Feb-13-2008
Reported in: [2009]317ITR284(KAR); [2009]317ITR284(Karn)
Deepak Verma, J.1. Heard Sri M.V. Seshachala, learned Counsel for the appellants. None appeared for the respondent even after service of the notice.2. The Revenue is in appeal against the order passed by the Income-tax Appellate Tribunal in I.T.A. No. 79/Bang/1998 for the assessment year 1995-96 challenging the same under Section 260A of the Income-tax Act, 1961 (hereinafter shall be referred to in short as 'the Act'), decided by the Tribunal on May 28, 2003.3. Even though in the memo of appeal counsel for the appellants has projected two substantial questions of law, but after having heard him and after perusal of the records, we are of the considered opinion that only the following substantial question of law would arise for our consideration:1. Whether the appellate authorities were correct in holding that no additional tax under Section 143(1A) of the Act can be levied on the assessee in rectification proceedings, which had not been made during the assessment year and that the prim...
The Hubli Forests Contractors and Timber Merchants Association Ltd., a ...
Court: Karnataka
Decided on: Feb-13-2008
Reported in: 2008(5)KCCRSN635; 2009(3)AIRKarR54; AIR2009NOC2164
D.V. Shylendra Kumar, J.1. These two Regular Second Appeals, filed under Section 100 of Code of Civil Procedure, are by the defendants in OS No. 503 of 1971, on the file of first Additional Munsiff, Hubli, to get over the judgment and decree suffered by them before the lower appellate court in the appeal filed by the plaintiff, whose suit for a declaration that certain action of the first defendant Hubli Dharwad Municipal Corporation, such as allotment of plots in the timber yard at Unkal in Hubli city, made in favour of second defendant-association - Hubli Forest Contractors and Timber Merchants Association Ltd., - is illegal and unauthorized one and for the consequential relief restraining the first defendant-corporation from handing over the physical possession of the plots to the respective members of the second defendant-association, in whose favour allotment had already made and to set aside the allotment of plots, if any, in the timber yard by the first defendant-corporation, as...
Veerappa and ors. Vs. Smt. Halavva and ors.
Court: Karnataka
Decided on: Feb-12-2008
Reported in: ILR2008KAR2159; 2008(5)KarLJ485; ILR2008(2)Kar2159; 2008(5)KLJ485; 2008(2)KCCR1015; 2008(3)AIRKarR253; AIR2008NOC2172; 2008AIHC2449(Kar)
D.V. Shylendra Kumar, J.1. This Second Appeal is by the legal heirs of the second defendant in OS No. 89 of 1982 on the file of the court of the Munsiff and JMFC at Hirekerur wherein the defendants suffered a decree to yield one-third share in the suit schedule properties in favour of the plaintiff who had sued for partition and separate possession of her share in the suit schedule properties and could not wriggle out of this Judgment and decree of the trial court, in their appeal RA No. 27 of 1987 before the court of Civil Judge [Sr. Dn.,] & Prl. JMFC, Ranebennur, and are therefore before this court invoking Section 100 of the Code of Civil Procedure.2. The suit for partition by the plaintiff was on the premise that the suit schedule properties were the joint family properties of the family with one Abalurappa as Propositus who had as many as eight sons and the plaintiff one Halavva claiming as the daughter of Mallashetappa, grand son of the propositus Abalurappa, through his first so...
M. Shivanna and anr. Vs. Deputy Commissioner of Income-tax
Court: Karnataka
Decided on: Feb-12-2008
Reported in: (2008)218CTR(Kar)279; [2008]301ITR233(KAR); [2008]301ITR233(Karn)
N.K. Patil, J.1. The petitioners assailing the correctness of the impugned communication dated January 11, 2008, issued by the respondent, vide annexure A ; the impugned notice dated January 22, 2008, reissued by the respondent under Section 226(3) of the Income-tax Act, 1961, vide annexure B ; the impugned communication dated January 22, 2008, reissued by the respondent, vide annexure C and also to quash the proceedings initiated under Section 226(3) of the Income-tax Act, 1961, in so far as the petitioners are concerned and in the interest of justice, have presented this writ petition.2. The only grievance of the petitioners as made out by learned Counsel appearing for the petitioners in the instant case is that, the petitioners, have filed an application dated January 3/9, 2008, seeking stay of the impugned demand notice issued in pursuance of the assessment order passed by the assessing authority before the respondent herein. The said application had come up for consideration befor...
Bata India Limited Vs. Deputy Commissioner of Commercial Taxes and anr ...
Court: Karnataka
Decided on: Feb-11-2008
Reported in: (2009)24VST510(Karn)
ORDERN.K. Patil, J.1. The petitioner, assailing the correctness of the orders of reassessment dated June 29, 2006 passed by the first respondent under Section 39(1) of the Act, for the periods April, 2005 to November 2005, vide annexures D to D7 and also the notices of demand dated July 7, 2006 issued by the second respondent in form 180 in consequence to the orders of reassessment dated June 29, 2006, passed under the provisions of the Act vide annexures E to E7, has presented the instant writ petition.2. The petitioner is a public limited company represented by its manager-taxation. The only grievance of the petitioner as made out by learned Counsel appearing for the petitioner in the instant writ petition is that, the petitioner has received notices regarding reassessment from the first respondent herein and in pursuance of the same, he has filed detailed objection on March 17, 2006 vide annexure C requesting the first respondent to grant personal hearing in the matter before any ad...
Mahadevappa and ors. Vs. State of Karnataka by Its Secretary, Revenue ...
Court: Karnataka
Decided on: Feb-08-2008
Reported in: ILR2008KAR1750; 2008(5)KarLJ596; 2008(2)KCCR1225; 2008(3)AIRKarR90
ORDERH.V.G. Ramesh, J.1. Petitioner has sought for to quash the order passed by the Land Tribunal, Gulbarga on 31.8.1977 vesting the land in Sy. No. 170/2 measuring 19.28 acres of Jogur Village, in the Government thereby rejecting Form 7 filed by the 3rd respondent and also on the ground that no notice has been issued to the vendor of the petitioner one Rachaiah Matapathi (@ Swamy) and only by issuing notice to one Venkata Rao - 4th respondent who had sold the property in favour of the vendor of the petitioner in the year 1967.2. According to the petitioner, property in Sy. No. 170/2 is measuring 19.28 acres originally belonged to one Venkata Rao who was in possession and cultivation and from him this Rachiah Swami had purchased the property during 1967. Originally the vendor of the petitioner had filed WP 5091/1980 challenging the order of the Land Tribunal vesting the land in question in the Government by order dated 31.8.1977 on the ground that the said order is being passed without...
Parappa and ors. Vs. Bhimappa and anr.
Court: Karnataka
Decided on: Feb-08-2008
Reported in: ILR2008KAR1840; 2008(3)KCCR1374; 2008(4)AIRKarR122; 2008(4)CivilLJ739; 2008(3)ICC786; 2008AIHC2777(Kar)
ORDER 26 RULE 10(2) -- Report and depositions to be evidence in the suit -- Admissibility of an expert's evidence -- Criminal and Civil proceedings -- HELD, In a criminal case if the prosecution relies on the expert's evidence to prove the charges against the accused mere production of the said expert's report into Court is not sufficient -- If the prosecution relies on a report of the expert, not only the report is to be produced, the author of the report is also to be examined in the Court on oath and an opportunity should be given to the accused to cross-examine the said expert on the correctness of the report. It is only then the said evidence becomes admissible and not otherwise -- FURTHER HELD, In a civil proceedings when an expert is appointed as a Commissioner by the Court at the instance of one of the parties to the proceedings, the Court may issue commission to such experts for the purpose of elucidating any matter in dispute directing him to make such investigation and to re...
Chikajala Gram Panchayath Vs. the State of Karnataka Revenue Departmen ...
Court: Karnataka
Decided on: Feb-08-2008
Reported in: ILR2008KAR1879; 2008(5)KLJ352; 2008(2)KCCR1082; 2008(3)AIRKarR351; AIR2008NOC2135
N.K. Patil, J.1. The petitioner-Chikajala Gram Panchayath, Chikajala Village, Jala Hobli, Bangalore North Taluk, represented by its Secretary, has sought for a direction to the respondents-authorities to consider the representation submitted by petitioner vide Annexure-J and K and to investigate the matter regarding the manipulation, fabrication of hakku patras and to initiate appropriate criminal proceedings against respondent Nos. 4 to 20. Further, petitioner has sought to direct the concerned revenue authorities not to issue any document by way of katha in favour of respondents-4 to 20 based on fabricated hakku Patras, in the interest of justice and equity.2. It is the case of the petitioner that, land bearing Sy. No. 116, measuring 6 acres 22 guntas of Tarabanahalli village is a gomal land. When things stood thus, respondents-4 to 20 have managed to get the Hakku patras in their favour by manipulation under the Ashraya Scheme. The Tahsildar Devenahalli has issued the alleged hakku ...
Sri S. Bylaiah Vs. State by Bannerghatta Police
Court: Karnataka
Decided on: Feb-08-2008
Reported in: ILR2008KAR1892; 2008(4)KarLJ40; 2008(2)KCCR1059; 2008(3)AIRKarR315
ORDERK. Bhakthavatsala, J.1. The petitioner/accused in C C No. 1900/2007 on the file of JMFC at Anekal, for the offences punishable under Section 9, 39, 40, 44, 49 (b) & (c), 50, 51, and Schedule-II Para-I (A) of the Wild Life Protection Act, 1972 (in short, 'the Act') is before this Court, praying for quashing the proceedings.2. In the instant case, the Sub-Inspector of Forest Cell informed the Bannerghatta Police Station stating that the petitioner/accused is wrongfully confining Kangaroo Monkeys. On the basis of the information, the B annerghatta Police registered a case and investigated the same and laid charge sheet against the accused for the offences mentioned above.3. The Learned Counsel for the petitioner submits that as per Section 55 of the Act, no Court shall take cognizance of any offence under the Act except on the complaint lodged by the person mentioned in Section 55 of the Act.4. The learned Government Pleader submits that the complainant was not competent to file comp...
Karnataka Power Corporation Ltd. Represented by Its Company Secretary ...
Court: Karnataka
Decided on: Feb-08-2008
Reported in: [2008(118)FLR571]; 2008(2)KCCR1243; 2008(3)AIRKarR325; 2008LabIC2388(Kar)
ORDERSubhash B. Adi, J.1. This writ petition is directed against the award dated 31.07.02 in I.D. Application No. 29/99.2. The brief facts of the case are:The respondent was working as Assistant (A/c) Cashier in the office of the Divisional Officer (Finance), KPC, at Jog Falls. It is alleged that, there was a shortage of cash of Rs. 1,11,029.75 and the respondent admitted this shortage in his apply to the show-cause notice. In view of the alleged shortage of amount he was kept under suspension by office memo dated 11.12.96. A charge shed was served on him which was denied by the respondent and thereafter, an enquiry was held. In pursuance of the findings of the enquiry officer, the Chief Engineer issued the show-cause notice on 28.06.97 for which the respondent filed objections on 2.7.97 and thereafter, on 16.01.98, the Chief Engineer passed the order of dismissal and also direction was issued for recovery of the shortage amount of Rs. 1,11,029.75.Against the order of dismissal, the re...
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