Karnataka Court October 2009 Judgments

Kirloskar Electric Company Ltd. Vs. Assistant Commissioner of Commerci ...

Court: Karnataka

Reported in: (2010)27VST81(Karn)

ORDERH.N. Nagamohan Das, J.1. In these writ petitions the petitioner has prayed for a writ in the nature of certiorari to quash the endorsements dated March 30, 2009 and May 20, 2009 as per annexures E and G to the writ petition refusing to pay interest on delayed refund.2. The petitioner contends that during the assessment year 2005-06, 2006-07, 2007-08 they made certain purchases from a company called M/s. Kaytee Switch Gear Limited. On the purchases made by the petitioner-company, they have paid input tax at 12.5 per cent on the value of the goods. Subsequently the petitioner-company sold the goods in question and on which they are liable to pay four per cent tax. After adjusting the earlier payment and the subsequent payment to be made, the petitioner made a claim before the respondents for refund of the excess input tax paid Accordingly the respondents refunded excess input tax paid by the petitioner-company in the months of March and April 2008. But the respondents refused to pay...

Smt. Jayasheela W/O Jayaramu Vs. P. Rajappa S/O Bommasetty and the New ...

Court: Karnataka

N.K. Patil, J.1. This appeal by the claimant is directed against the judgment and award dated 27th June 2006, passed in M.V.C. No. 1847/2005, on the file of the Additional District Judge and Motor Accident Claims Tribunal, at Mandya ('Tribunal' for short) for enhancement of compensation on the ground that, the compensation of Rs. 42.500/- awarded in favour of the claimant appellant as against her claim of Rs. 08 lakhs, is inadequate.2. The appellant claims to be a housewife and a tailor. That on 04.06.2001, at about 11:30 A.M. the appellant along with others was walking on the left side of the road near Sathanur on Mandya-Keragodu road, for the purpose of washing the cloths at Canal. At that time, a scooter bearing No. KA-04/U-5085 driven by its driver in a rash and negligent manner, dashed against the appellant and as a result of the same, she sustained grievous injuries.3. On account of the injuries sustained in the accident, the appellant filed the claim petition before the Tribunal...

The Commissioner of Income-tax and the Joint Commissioner of Income-ta ...

Court: Karnataka

Reported in: [2009]318ITR378(KAR); [2009]318ITR378(Karn); [2010]187TAXMAN145(Kar)

D.V. Shylendra Kumar, J.Re: ITA No. 407 of 2004:1. This is an appeal of the revenue under Section 260A of the Income Tax Act, 1961 [for short the Act].2. The assessment year is 1996-97 and the assessee is a private limited company. The assessee had originally filed a return of its income under Section 139(1) of the Act as per the return dated 29-11-1996, disclosing a taxable income of Rs. 17,06,295/-.3. The assessee became wise and chose to file a revised return on 9-2-2007 under Section 139(5) of the Act, reducing its taxable income to Rs. 2,49,927/-.4. While processing this revised return, the assessing officer found that certain claims of the assessee such as receipts of a sum of Rs. 24,44,000/- from M/s Associated Edible Oil Ltd., and further amount of Rs. 24,15,000/-from M/s ACC Ltd., were not genuine receipts, in the sense, the assessee had not effected the sales of any product in respect of which the said two companies could have issued such receipts and which version was in fac...

Sri Suresh Jugaraj S/O Late S. Jugaraj, Vs. State of Karnataka Represe ...

Court: Karnataka

ORDERB.S. Patil, J.1. Challenge in this writ petition is to the Preliminary and Final Notifications issued under Section 4(1) and 6(1) of the Land Acquisition Act (hereinafter referred to as 'the Act', for short) on 16.04.2001 and 19.07.2007 vide Annexures-C and F respectively, insofar as it pertains to the lands of the petitioners.2. Petitioners are the owners of the land bearing Sy.Nos.202 and 204 of Kengeri Village, Bangalore South Taluk. Earlier, by a Preliminary Notification dated 31.08.1989 which was followed by the Final Declaration dated 12.10.1990, the State Government notified the lands for acquisition for the purpose of Karnataka Housing Board. As the name of the father of the petitioners was not shown In the Notifications and as he had no opportunity of putting forward his objections opposing the acquisition, Writ Petition No. 1718/1991 was filed by the father of the petitioners herein. By order dated 20.03.1997, this Court allowed the writ petition quashing the Final Notif...

Hukumchand and Co. Forest Produce and Vs. the State of Karnataka Throu ...

Court: Karnataka

ORDERD.V. Shylendra Kumar, J.1. In this Sales Tax Revision Petition Government Advocate was directed to take notice for the respondents - State of Karnataka and Deputy Commissioner of Commercial Taxes respectively as per the order dated 24,4.2009 and an interim order as sought for was granted, which was to operate till the next date of hearing.2. We notice from the order-sheet that the petition had come up for orders subsequently on 3.6.2009, 26.08.2009, 2.09.2009 and last by on 16.09.2009, on which date at the request of Miss. Joe Anton Beno, the learned Counsel for the petitioner, matter was directed to be listed again after vacation.3. The matter has come up today and Miss Joe Anton Beno, learned Counsel for the petitioner, yet again seeks for an adjournment, though on the premise that the learned Sr. Counsel who has to appear in the case today, has some personal inconvenience due to bereavement in the family and requests the matter to be taken up on 7.10.2009, assuring the Court th...

G.N. Chandraiah S/O Ningappa, Ex-secretary, V.S.S.N. Society Vs. State ...

Court: Karnataka

Reported in: 2009(6)KarLJ655

ORDERV.G. Sabhahit, J.1. This revision petition is filed under Section 397 reed with Section 401 of the Code of Criminal Procedure, by the appellant in Criminal Appeal No. 314/2005 on the file of the Addl. District Judge, Feat Track Court (I), Davanagere, being aggrieved by the judgement dated 19.04.2006, wherein the learned Fast Track Judge has dismissed the appeal and confirmed the judgement of conviction and sentence patted by the Court of the Civil Judge (Jr. Dn.) and JMFC, Harihar, in C.C. No. 574/1999 dated 22.11.2005, convicting the accused - petitioner herein of having committed the offence punishable under Section 409 of IPC end sentencing the accused to undargo simple imprisonment for three years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo further simple imprisonment for six months, for the offence punishable under Section 409 IPC.2. The essential facts of the case leading up to this appeal ate as follows:2.1 It St the ease of the prosecutio...

Nagesh Vs. State of Karnataka

Court: Karnataka

Reported in: 2010(1)KarLJ291

ORDERJawad Rahim, J.1. Heard the learned Counsel for petitioner application filed under Section 389 of the Criminal Procedure Code, 1973, by which the suspension of sentence is sought. Perused the grounds urged therein.2. Considering the grounds urged in support of the application and other attending circumstances, I am satisfied that the petitioner has made out a case. Hence, the order regarding sentence in C.C. No. 4768 of 2004 passed by the learned II Additional Civil Judge (Junior Division) and Judicial Magistrate First Class, Bhadravathi dated 30-10-2008 and confirmed by the judgment in Criminal Appeal No. 118 of 2008 passed by the learned Sessions Judge, Shimoga, dated 20-8-2009, be and the same is hereby suspended subject to the following conditions:(i). The petitioner is directed to execute a bond in a sum of Rs. 25,000/- with one surety in the like sum, to the satisfaction of the learned Trial Judge within a period of four weeks from now;(ii) He shall not leave the jurisdictio...

Bangalore Housing Development and Investment, a Partnership Firm Repre ...

Court: Karnataka

ORDERK. Bhakthavatsala, J.1. A short question that arises for consideration in this petition isWhether the petition filed under Section 11(6) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (hereinafter called 'the Act') for appointment of an arbitrator in the vacancy that arose due to withdrawal of Sri. R.N. Narasimha Murthy, senior advocate from the office of the Arbitrator is maintainable in the absence of non-compliance of Sub-section 4(a) of Section 11 of the Act?Answer to the above point is In the negative for the following reasons:2. The brief facts of the case leading to the filing of the petition may be stated as under:The respondent herein is the claimant before the Arbitral Tribunal which is comprising of Sri .Justice K. Shivashankar Bhat, retired High Court Judge, as a Presiding Officer and M/s. R.N. Narasimha Murthy and Sri. B.V. Acharya, senior advocates as arbitrators to adjudicate the dispute between the parties.On 09.07.2008, in the 17th sitting o...

Maverick Holdings and Investments (P) Limited, a Company Registered Un ...

Court: Karnataka

ORDERV. Gopala Gowda, J.1. In this writ petition the petitioner is seeking to quash the order dated 1-9-2009 passed by the Hon'ble Chief Justice directing to post the matter before the Bench having roster of LB-BMP. A declaration is also sought that Hon'ble Chief Justice has no authority to order to place an application filed to recali an order dismissing the writ petition before a Judge other than the Judge who passed the dismissal order and the impugned order is contrary to Rule 5 of High Court of Karnataka Rules, 1959.2. The circumstances leading to file this writ petition are:W.P. No. 13918/2008 is filed by M/s. Aakruthi City Ltd., challenging the decision of Government of Karnataka dated 26-9-2008. In that writ petition the petitioner herein is the 5th respondent. The said writ petition was dismissed on 14-8- 2009 for non-prosecution. To recall the said order, an application was filed, to which objections was filed. Since the Hon'ble Judge who passed the dismissal order was not av...