Karnataka Court September 2008 Judgments

N.G.E.F. Limited Represented by Its Company Secretary and General Mana ...

Court: Karnataka

Reported in: 2009(5)KarLJ437; 2009(3)KCCR2052; 2009(5)KLJ437; 2009(5)AIRKarR78(D.B).

Manjula Chellur, J.1. This appeal is filed challenging the Order of the ESI Court dated 22.10.2001 in ESI.No.61/2000. The application before the ESI Court was filed under Section 75 of the Employees State Insurance Act for setting aside the Recovery Notice dt 18.6.99 claiming an amount of Rs. 69,73,516/-.2. It is not in dispute that the appellant is a State Government Public Sector Undertaking-an Establishment covered under the provisions of ESI Act. The Central Government by Its Notification dated 23.12.1996 enhanced the wage ceiling limit from Rs. 3000/- to Rs. 6500/- with effect from 1.1.97 for the purpose of covering the employees under the ambit of the ESI Act As a result, various Trade Unions including the Trade Union of the appellant-establishment filed writ petition challenging the said Notification. An interim stay was granted, subject to the management to take an undertaking from the employees who were covered under the Scheme to the effect that the amount of contribution wil...

Pressy Pinto Vs. Rony Maxim Pinto and ors.

Court: Karnataka

Reported in: AIR2009Kant157; 2009(5)KarLJ601; 2009(4)AIRKarR281

Manjula Chellur, J.Orders on the Reference of the Learned Single Judge1. When the registry of the High Court, raised objection with regard to maintainability of misc. appeal the occasion arose for reference of the matter to Division Bench to clarify the position. As a matter of fact, the reference by the learned single Judge was because of opinion of another learned single Judge in R.F.A. No. 324/02 holding that the Regular First Appeal was maintainable against the decree in O.S. 2/91 (converted from P and SC 6/89). In the said RFA 324/ 02 by making reference to the decision of Anthony Swamy v. Chowramma : ILR 1989 Kar 1294 the learned Judge held that the RFA would be maintainable.2. The facts that led to the filing of miscellaneous appeal before this Court in brief as under:P and SC 91/2000 came to be filed by the 1st respondent herein against the appellant herein and the said matter came to be contested by the appellant/respondent. Therefore, the P and SC came to be converted as O.S....

Fiza Developers and Inter-trade Pvt. Limited, a Company Incorporated U ...

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. This writ petition under Article 227 of the Constitution of India is by the applicant before the 'court' within the meaning of this expression as it occurs under Section 2(e) of the Arbitration & Conciliation Act, 1996 [for short 'the Act'] who has filed an application under Section 34 of the Act before the court for setting aside an Award that has been passed by the Arbitrator before whom the parties had their dispute referred for adjudication.2. Obviously the Award being in favour of the other party and the writ petitioner who has to satisfy the Award being unhappy with the Award had invoked the jurisdiction of the court under Section 34 of the Act for setting aside the Award.3. It was during the pendency of such proceedings under Section 34 of the Act, the petitioner-applicant before the court had come up with an application filed under Order XIV Rule 1 & 3 of the Code of Civil Procedure [for short 'CPC'] praying for the court to frame issues in the m...

The Director-in-charge Anthropological Survey of India Vs. Dr. B.V. Ra ...

Court: Karnataka

Reported in: 2009(2)AIRKarR191

P.D. Dinakaran, C.J.1. The above writ petition is directed against the order dated 22nd August, 2008 made in Original Application No. 218/2008 on the file of the Central Administrative Tribunal, Bangalore Bench, Bangalore. (for short, the Tribunal), quashing the order of transfer dated 8.5.2008 transferring the Respondent from Southern Regional Centre, Mysore to the Western Regional Centre, Udaipur.2. According to the learned Counsel for the Respondent, the impugned order of transfer is contrary to the Guidelines issued by the Anthropological Survey of India regarding posting and transfer of employees, which governs the appellant herein. Guidelines 5 and 11 as approved by the Government in letter No. F.11-13/77-CA(I) dated 30.3.1977 and letter No. F. 11-50/83-CH.1 dated 14.9.1983 as modified, read as follows:5. Officers engaged in research work shall not be transferred unless the project on which he or she is engaged has been completed and report thereon submitted to the Regional Offic...

Sree Venugopala Swamy Temple Trust Represented by Its Trustee Mr. D. V ...

Court: Karnataka

Reported in: AIR2009Kant63; 2009(1)KCCR600; 2009(2)AIRKarR350; AIR2009Kar63(D.B)

P.D. Dinakaran, C.J.1. The appellant has come up in appeal being aggrieved by the order passed by the learned Single Judge dated 19.09.2007 in W.P. No. 7585/2007 dismissing the petition as bereft of merit.2. Petitioner is a lessee of vacant land situated at the junction of commissariats road and Markham Road, Shoolay, having taken the same on lease for a period of 99 years from the respondent Corporation under a registered lease deed dated 25.01. 1956. The said land was leased to the petitioner for putting up a Kalyana Mantapa. The petitioner, for various reasons could not put up the Kalyanamantapa till date. The Deputy Commissioner of Bangalore Mahanagara Palike ('BBMP' for short) purporting to terminate the lease issued notice to the petitioner on 31.10.1987 under the Karnataka Public Premises (Eviction of Unauthorised occupants) Act 1974 ('Act' for short) calling upon the petitioner to show cause why an eviction order should not be made. Petitioner replied to the said notice on 19.1...

Bhuvaneswar Traders Vs. Commissioner of Commercial Taxes and ors.

Court: Karnataka

Reported in: (2009)23VST215(Karn)

ORDERN. Kumar, J.1. The petitioner has preferred this writ petition seeking a writ of mandamus directing the respondents to issue a transit pass to the petitioner's goods whenever the sale is not within Karnataka.2. The petitioner is running a business in the name and style of M/s. Bhuvaneshwar Traders having its business concern at No. 2, Dr. Sankaran Salai, Namakkal. He is a trader for the waste engine oil to be carried from various places all over India. The petitioner is also entrusted to carry goods by traders in Tamil Nadu to various places.3. The grievance of the petitioner in this writ petition is that on December 16, 2007, the petitioner loaded a consignment from Namakkal to be delivered at Kolhapur in Maharashtra. A bill was prepared by way of JJ form No. 136 dated December 16, 2007 and JJ No. 137 dated December 16, 2007, and the vehicle left Namakkal. When it reached Attibele check-post in Karnataka, the driver tendered all the documents for verification to the third respond...

Ncr Corporation India Pvt. Ltd., a Company Registered Under the Compan ...

Court: Karnataka

Reported in: (2009)22VST371(Karn); 2009(2)KCCRSN62; 2009(4)AIRKarR436

ORDERN. Kumar, J.1. The petitioner is a private limited company registered under the Companies Act and having its registered office at Bangalore. The petitioner has a manufacturing unit at pondicherry. The petitioner is registered under the Karnataka Sales Tax Act (hereinafter for short referred to as the KST Act) and Central Sake Tax Act (hereinafter for short referred to as 'the CST Act'). The petitioner it engaged in the business of manufacture and supply of ATMs and manufacture, supply and trading of their parts and accessories. The petitioner also undertake Annual Maintenance Contracts (AMCs) for maintenance of ATMs. In so far as sale of parts and accessories of ATMs and maintenance of ATMs under the AMCs and construction of ATM rooms by the petitioner's branch in Bangalore are concerned, the petitioner has admitted its liability and filed returns for the assessment years 2002-03, 2003-04, 2004-05, 2005-06 and also 2006-07 under the KST and CST Acts. The petitioner has been duty a...

Vijayalakshmi Marketing Rep. by Proprietor, Mr. N. Surya Mani S/O K.S. ...

Court: Karnataka

Reported in: 2009(1)KCCR203:2009(2)AIRKarR365.

ORDERN.K. Patil, J.1. The petitioner being aggrieved by the seizure notice dated 13-6-2007 vide Annexure B presented the instant wit petition.2. The petitioner is the proprietary concern having be as registered as a dealer under Section 22 of the Karnataka Value Added Tax Act, 2003, and also a registered dealer under the provisions of Central Sales Tax Act, 1956. Being a dealer doing business after obtaining necessary registration certificate to deal and market the electrical and electronic home appliances as per the commodity list under CST 1956. The inspector of the respondent office seized the mixer-grinder supplied to the petitioner from another dealer M/s. Salem Industries and produced at Annexure B, as the package did not contain MRP and date of manufacture on it and the same is in contravention of the provisions of Section 39 of the Standard Weights and Measures Act, 1976 r/w Rules 4 & 23 and Section 63 of the said Act, issued the impugned notice dt 13.6.2007 referring to case N...

Hoysala Plantations and Processing (Traders, Exporters of Agro Product ...

Court: Karnataka

P.D. Dinakaran, C.J.1. The appellant is the unsuccessful writ petitioner in Writ Petition No. 1872/2006.2. Appellant-petitioner was allotted industrial shed bearing Nos. B 142 and B-143 in the Industrial Estate at Hebbai, Mysore under Lease-cum-sale basis for establishing a small scale industry for the manufacture of coffee seeds processing. The tentative price of the shed was Rs. 25,74,000/- as per the allotment proceedings dated 4.6.2003. As per the terms of allotment and consequent agreement entered into between the appellant and the respondent-Corporation, the appellant agreed to the following terms for repayment of the loan under Lease-cum-sale basis:05(a) In case the petitioner opts for allotment on Installment-Lease-Cum sale Basis (hereinafter referred to as Lease Purchase Basis) the lease shall be for a period of 120 months commencing from the 1st day of succeeding month from the date of taking possession(hereinafter called deemed date). The price of the shed (less security dep...

Mr. Raja @ Dosewala @ Nagaraja Vs. the Jail Superintendent and ors.

Court: Karnataka

Reported in: 2009CriLJ638; ILR2008KAR4684; 2008(4)KCCR2662(DB)

ORDERS.R. Bannurmath, J.1. This Criminal Petition filed under Section 482 Cr.P.C, has been referred to the Division Bench by the learned Single Judge.2. Even though we do not find any question of law to be decided by the Division Bench on reference, we find from the order of reference by the learned Single Judge, dated 10.8.2007 that as the subject matter on earlier occasion in an appeal was dealt by the Division Bench, possibly in order to avoid conflicting decisions, the learned Single Judge has referred the matter to the Division Bench.3. We have heard the learned Counsel for the accused/ petitioner and the learned State Public Prosecutor for the State.4. At the outset, it is to be noted that this petition under Section 482 Cr.P.C, is not only misconceived but also not maintainable. If one peruses the petition, we are not certain as to what relief the petitioner wants from this Court. In para-8 of the criminal petition, it is stated that, this petition is filed being aggrieved by th...