Karnataka Court April 2008 Judgments

Power Cell Battery Karmikara Sangha (R) Maddur Unit Represented by Its ...

Court: Karnataka

Reported in: [2008(119)FLR163]; ILR2008KAR4237; (2009)ILLJ381Kant; 2008(3)KCCR1831; 2008(5)AIRKarR208

ORDERSubhash B. Adi, J.1. This writ petition is directed against the endorsement dated 25.01.2008 issued by respondent No. 1, refusing to refer the dispute.2. The learned Counsel for the petitioner submitted a dispute was referred to the conciliator. Before the conciliation officer t statement and counter statement were filed. On the basis of the said statement and rival contentions, the conciliation officer submitted his failure report dated 01.12.2007 to the Government. The Government by its impugned endorsement, observed that the petitioner is a Junior Officer and as such, he is not a workman arid refused to refer the matter.3. Learned Counsel for the petitioner submitted that, before the Conciliation Officer, the 3rd respondent/Management filed the statement of objections and the Conciliation Officer considering the objections and the claim petition found that there is a serious dispute between the parties and reported the failure of conciliation. He submitted that, from the statem...

R. Mayilvahanam S/O Ramaiah Pillai and Vs. Intelligence Officer, Narco ...

Court: Karnataka

Reported in: 2008CriLJ4425; ILR2008KAR4166; ILR2008(4)Kar4166; 2008(4)KCCRSN251; 2008(5)AIRKarR408; 2008CriLJ4425;

V. Jagannathan, J.1. 'In every case the end result is important, but the means to achieve it must remain above board' observed the Supreme Court in State of Punjab v. Baldev Singh : 1999CriLJ3672 when the public interest to protect the society from the adverse effects of drugs abuse, is pitted against the procedural safeguards in ensuring fair trial to the accused and to protect his valuable human rights, what should be the approach of the courts. NDPS Act being a penal statute and the offence under it being a grave one attracting severe punishment, whether it is incumbent, on the part of the prosecuting agency to strictly follow the procedures provided under Sections 41, 42, 52 to 55 and 57 of the N.D.P.S. Act and whether the absence of any finding with regard to the percentage of heroin drug in the samples sent for examination, will be an irrelevant factor, are the important questions among others that call for answer in these appeals.2. Criminal Appeal No. 2236/06 is filed by the A-...

Sandhya Bar and Restaurant and anr. Vs. Karnataka State Beverages Corp ...

Court: Karnataka

Reported in: 2008(3)KCCRSN223

ORDERN.K. Patil, J.1. Though this matter is posted for orders, with the consent of the learned Counsel appearing for both parties, this writ petition is taken up for final hearing and is disposed of as follows:2. The petitioners, assailing the correctness of the notices both dated March 19, 2008 issued by the first respondent vide annexures D and E, have presented the instant writ petition. Further, the petitioners have sought for a direction, directing the fourth respondent to furnish the details of arrears as requested by the petitioner vide annexures F and F1, respectively.3. The petitioners herein are CL-2 licence holders carrying on business of vending arrack for ten years and registered dealers under the Karnataka Sales Tax Act, 1957. When things stood thus, respondent No. 1 insisted upon the production of sales tax clearance certificate from respondents Nos. 2 and 3 for grant of licence. Accordingly, the petitioners have submitted their representations vide annexures F and F1. I...

Syed Mohammed Ghouse Pasha Khadri S/O Syed Mohammed Peer Pasha Khadri ...

Court: Karnataka

D.V. Shylendra Kumar, J.1. These three appeals arise out of two suits viz., OS No. 233 of 1989 and 342 of 1995, on the file of court of Principal Civil Judge (Sr Dn), Mysore, which were disposed of by a common judgment and decree rendered in these two suits on 14-11-2000.2. While OS No. 233 of 1989 was a suit for declaration that the plaintiff therein is the Sajjadanasheen of the subject matter of the suit - Dhargah of Hazarath-e-mardane Gaib - at Shivanasamudram, Kollegal taluk and the first defendant - a rival claiming to this position -should be restrained by an order of permanent injunction from interfering in any manner with the plaintiff's peaceful possession and functioning in the office of Sajjadanasheen of the suit-dhargah, the suit filed by the first defendant herein through OS No. 342 of 1995 is for the same relief, seeking for a declaration that the plaintiff in this suit should be declared as the Sajjadanasheen of the suit dhargah and to restrain the first defendant therei...

Residents of Shri Chitrapur Co-operative Housing Society Limited Vs. D ...

Court: Karnataka

Reported in: 2008(3)KarLJ377

ORDERA.S. Bopanna, J.1. Since common questions of law and facts arise in all these petitions, they are considered and disposed of by this common order.2. The petitioners in W.P. Nos. 14231, 14464 and 16838 of 2005 are residents of the flats of Sri Chitrapur Co-operative Housing Society Limited, Malleswaram, Bangalore, while the petitioners in W.P. Nos. 19385, 23474, 33759, 50597 of 2004 and 11678 of 2005 are residents of the flats of Dattaprasad Co-operative Housing Society Limited, Malleswaram, Bangalore. The petitioners are questioning the order passed by the Deputy Commissioner for Stamps and District Registrar, whereunder the possession certificate issued by the Co-operative Housing Society in favour of each of the petitioners is interpreted as a conveyance and has imposed the stamp duty and penalty in respect of the flats which are in the occupation of the petitioners. The petitioners contend that they are not liable to pay the same and as such have sought for quashing the orders....

The Commissioner of Income Tax and anr. Vs. CanfIn Homes Limited

Court: Karnataka

Reported in: ILR2008KAR3153; 2008(4)KCCR2320; 2008(4)AIRKarR541; AIR2008NOC2337(DB)

Anand Byrareddy, J.1. These appeals are heard and disposed of together, as they pertain to the same Assesses except that they are in respect of two different but consecutive assessment years namely 1996-97 and 1997-98, respectively. The controversy and the questions of law involved are identical.2. The assessee is a financial institution. The assessee had filed its return of Income under the provisions of the Interest Tax Act, 1974 (Hereinafter referred to as 'the Act' for brevity). The assessment in respect of the year 1996-97 was completed by order dated 19.3.1999. The chargeable interest declared was accepted.3. However, the Commissioner of Income tax, in exercise of power under Section 19 of the Act, proceeded to hold, after hearing the assessee, by an order dated 17.8.2000 that a sum of Rs. 2,09,40,087/- additional interest collected by the assessee from it's customers in respect of loans advanced, was also subject matter of levy under the Act. It was further held that as per Sche...

Bidirambika Vidya SamsThe Rep. by Its Secretary Sri N.B. Kantharaj Vs. ...

Court: Karnataka

Reported in: 2009(1)KarLJ365; ILR2008(3)Kar3766; 2008(4)AIRKarR537; AIR2008NOC2294

ORDERB.V. Nagarathna, J.1. In this writ petition, the petitioner has challenged Notification No. ED 36 SHH 2007(1), Bangalore dated 7.6.2007 vide Annexure-F by which, 100 Pre-University Colleges have been sanctioned by the State Government for the academic year 2007-08 and the petitioner is aggrieved by the upgradation of Government High School to a Pre-University College at Honnavalli Village, Tiptur Taluk at Sl. No. 12 of the said notification.2. The petitioner is said to be running a Pre-University College for the last 22 years and by order dated 31.3.2001 (Annexure-A), the college was admitted to grant-in-aid. According to the petitioner, the students who join the said college are mainly from two High Schools viz., Government High School, Honnavalli and Kannada Bharathi High School, Honnavalli and that it has the requisite infrastructure catering to the educational requirement of the students. The case of the petitioner is that on account of political interference, a show cause not...

Lakshminarayana Sony S/O Chandran and Vs. C. Basha S/O Ebrahim

Court: Karnataka

Reported in: 2009(1)KarLJ673; 2008(4)KCCR2587; 2008(4)AIRKarR390; 2008AIHC2989(Kar)

ORDERK. Ramanna, J.1. The petitioners have came up with tins revision petition challenging the order dated 01-04-0004 pasted in HRC 1355/1997 on the file of the XII Additional Small Causes Judge (SCCH-8), Bangalore, whereby the learned trial judge allowed the eviction petition filed by the respondent under Section 27(2)(a) and under Section 45 of the K.R. Act 1999 and the petitioners herein are directed to vacate the petition schedule premises within 1 month from the date of the said order. The petitioners are also challenging in this petition the interlocutory orders dated 21-12-2002 dismissing the I.A. filed by the petitioner under Section 43 of the K.R. Act and also Older dated 08-04-2003 allowing the application filed by the respondent herein under Section 45 of the K.R. Act and directing the petitioners to deposit the rents from 25-01-1997 to 24-03-2003 amounting to Rs. 74,000/- at Rs. 1,000/- per month.2. The brief facts of the case are that the respondent herein filed the evicti...

Unibic Biscuits India Pvt. Ltd. Rep. by Its Managing Director Vs. Brit ...

Court: Karnataka

Reported in: LC2008(3)347; 2008(4)KCCRSN275; 2008(4)AIRKarR417; AIR2008NOC2496; 2008AIHC3005(Kar)

K. Ramanna, J.1. The appellant-defendant has come up with this appeal challenging the order dated 12-12-2007 passed on I A. No. 1 in OS. 26819/2007 passed by the IV Add! City Chni and Sessions Judge, Mayohall Unit, Bangalore.2. The facts of the case are that the appellant and respondent arc the companies incorporated under the Indian Companies Act and are the manufacturers and marketing the bakery items i.e., biscuits/cookies. The plaintiff-respondent is a registered proprietor of the trademark 'GOOD DAY', the plaintiff had also design registration m respect of Good Day biscuit, that in the year 1986 the plaintiff has introduced premium biscuits under the trademark-GOOD DAY and since its introduction it has carved for itself a niche in the market and the public and trade circles identity as 'GOOD DAY' with premium range of biscuits, manufactured/marketed by the plaintiff, and that they are spending enormous amounts for advertisement through print media in different languages. It is fur...

T.T.L. Trusts, T.T.L. Collage of Business Management (Post Graduate Co ...

Court: Karnataka

Reported in: 2009(2)KarLJ251; 2008(4)KCCR2351; 2008(4)AIRKarR534; AIR2008NOC2295

ORDERB.V. Nagarathna, J.1. In this writ petition, the petitioner has challenged the order dated 25.11.2005 made by respondent No. 1-University (Annexure-N) and has sought a direction to the 1st respondent to issue formal orders in terms of the directions of the State Government as contained in its communication dated 28.10.2005 (Annexure-M) in accordance with Sub-sections 12 and 13 of Section 59 of the Karnataka State Universities Act, 2000 and also to approve the admissions of all the students admitted for the academic year 2005-06 and consequently, permit them to appear in the examination conducted by the University.2. The relevant facts are that the petitioner is a postgraduate institution imparting education in Business Management leading to MBA degree. The said institution is said to have been established after obtaining necessary sanction and permission from All India Council for Technical Education (AICTE), State Government and 18t respondent-University. According to the petitio...