Karnataka Court November 2009 Judgments

Brijesh Pael S/O Late Parashuram Patel Honarary Secretary Karnataka St ...

Court: Karnataka

ORDERHuluvadi G. Ramesh, J.1. Petitioners have sought for quashing the proceedings pending before the VI Addl. CMM, Bangalore in CC 2566/2009 arising out of PCR 9814/2008.2. According to the petitioners, the respondents were the members of the Managing Committee of the Karnataka State Cricket Association for the year 1995-96, 1997-1998. It was during their term the civil work contract was given to one C.A. Varadaraju who has completed the work. They came to know that the work executed by Varadarju was of poor quality. However, civil suit was filed by Varadarju only for recovery of money before the Civil Court, The 1st petitioner as Secretary filed a written statement as against the suit filed for recovery of amount. In the written statement filed, alleging that the petitioner had made baseless allegations against the respondents and that it amounted to per se defamation and also stating that another written statement is filed by the 2nd petitioner during August 2006 casting aspersions ...

Commissioner of Income-tax and anr. Vs. Dr. M.J. Mohan

Court: Karnataka

Reported in: [2010]320ITR368(KAR); [2010]320ITR368(Karn)

K.L. Manjunath, J.1. The Revenue has come up in this appeal challenging the legality and correctness of the order passed by the Income-tax Appellate Tribunal, Bangalore Bench in I.T.A. No. 483/Bang/2002 dated March 21, 2004, for the block assessment period 1988-99.2. The facts leading to this case are hereunder:3. The assessee is one of the co-owners of the property known as MVJ Towers, situated at No. 177/1, Poonamalle High Road, Kilpauk, Madras. It consists of basement, ground, first, second, third and mezzanine floor including lobby and parking facility in the ground floor. The total plinth of the building is about 40.112 sq. ft. Out of this 19,275 sq. ft. has been let out in the mezzanine floor, ground, second and third floors along with the parking space in favour of State Bank of India along with other co-owners on monthly rent of Rs. 2,36,000 out of which Rs. 2,06,500 towards building rental and Rs. 29,500 towards amenities. The assessee filed his return and the same was process...

K. Narasimhan Son of Late Shri S. Krishnaswami Vs. Smt. Rohini Devanat ...

Court: Karnataka

ORDERHuluvadi G. Ramesh, J.1. The petitioner has sought for quashing the proceedings against him in Criminal Miscellaneous No. 1445/2008 pending before the VIII Additional CMM, Bangalore.2. The respondent filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act against her husband and the petitioner who is her brother-in-law making certain allegations so as to attract the provisions of Section 3 of the Act. The learned Magistrate based on the said complaint, ordered to register the case and to issue summons, as against which, the petitioner is before this Court seeking for quashing the proceedings on various grounds.3. As it transpires, the first accused was in search of a girl and contacted the respondent under the matrimonial website i.e. Shadi.com and on 23-2-2004, they got married after negotiation. After marriage, the first accused left for Canada during March 2004 and was residing there. It appears, on 1st August 2004, the respondent also joined he...

Mr. N.K.P. Abdul Haq S/O Late Abdul Raheem Vs. State of Karnataka Home ...

Court: Karnataka

B.V. Nagarathna, J.1. These writ appeals are filed against the order dated 3.7.2009 passed by the learned single judge. Since these Writ Appeals raise common questions of law they have been heard together and are disposed of by this order.2. Writ Appeal Nos. 2489-2498/09 have been filed on behalf of Hotel Empire while W.A. Nos. 2724-2733/09 have been filed by Osea International Hotel and W.A. No. 2775-2784/09 have been filed by Bruhat Bengaluru Hotels Association. In all these writ appeals the order of the learned single judge dated 3.7.2009 have been called in question. The common issue raised in these writ appeals is with regard to the validity of the order dated 19.5.2009 issued by the second respondent who is the Commissioner of Police, Bangalore, which have been produced as an Annexure-A to the writ petitions.3. According to the appellants, in Writ Appeal Nos. 2489-2498/2009, they are engaged in hotel business and have a chain of hotels and restaurants called 'Hotel Empire' in var...

Smt. Susheelamma W/O Late S.M. Basavaraj Vs. the Accountant General a ...

Court: Karnataka

ORDERRam Mohan Reddy, J.1. The petitioner's husband attained the age of superannuation and retired on 30.4.1997, as a District Registration Officer in the department of Registration and Stamps, having served the State for 33 years. The petitioner's husband was entitled to retirement benefits, including Death-cum-Retirement Gratuity, immediately on retirement. It is stated that petitioner's husband died on 5.4.1998 without receiving the retirement pension. The petitioner, widow of the State servant, having made all efforts to secure pensionary benefits, received Rs. 2,04,435/- on 4.6.2009, after 12 years and 2 months of retirement. Hence, this petition filed on 23.10.2009 for direction to the respondents to pay interest at the rate of 18% p.a. on the delayed payment of Rs. 2,04,435/- towards Death-cum-Retirement Gratuity.2. The petition is opposed by filing statement of objections of the respondents, inter alia not disputing the factum of retirement of the State servant, but advancing a...

The Regional Provident Fund Commissioner Vs. Jamiyyatul Falah rep. by ...

Court: Karnataka

ORDERRam Mohan Reddy, J.1. The petitioner-Employees Provident Fund Organisation constituted under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'Act'), aggrieved by the order dated 30.03.2009 in A.T.A. No. 663 (6) 2003 of the Employees Provident Fund Appellate Tribunal, New Delhi, Annexure-'B', has preferred this petition.2. The 1st respondent an establishment falling within the definition of the said term under the 'Act', was required to deposit the Provident Fund contributions under Section 6 of the Act read with Paragraph 38 of Employees' Provident Fund Scheme, 1952, for short 'EPF Scheme 1952'; Pension Fund contributions under Section 6A of the Act read with Paragraph 3 of the EPF Scheme, 1952; Administrative charges under Paragraph 38 of EPF Scheme 1952; Inspection charges under Section 17(3) of the Act read with Paragraphs 27 and 27A of the EPF Scheme, 1952; Employees Deposit linked Insurance Fund contribution and administrative charges under Se...

New India Assurance Company Limited by Its Manager Vs. Smt. Padmavatha ...

Court: Karnataka

Anand Byrareddy, J.1. Heard the Counsel for the appellant. The respondents having been served remain unrepresented.2. The appellant is the insurer of a private car involved in an accident. The respondents herein were the legal representatives of a deceased victim, who was an occupant of the car involved in the accident. The appellant had contested the claim for compensation on the ground that the policy of insurance that was issued by the appellant was a 'Act only Policy', which implied that the liability to cover the risk of an occupant of a private car was not covered and this contention was upheld by the Tribunal. However, the Tribunal has proceeded to direct the appellant to pay the compensation in the first instance and recover the same from the insured. It is this which is sought lo be challenged in the present appeal.3. The Tribunal in directing the appellant lo pay the compensation and to recover the same is on the face of it erroneous and is without jurisdiction. When the liab...

N.D. Thimmegowda Vs. B.N. Kempegowda and anr.

Court: Karnataka

Reported in: 2010(1)KarLJ310

A.N. Venugopala Gowda, J.1. MFA No. 10769 of 2005 is by the claimant for enhancement of the compensation amount. MFA No. 10737 of 2005 is by the Insurance Company questioning the award passed by the Motor Accident Claims Tribunal in favour of the claimant at Rs. 2,74,144/- with interest at 8% p.a.2. For the sake of convenience, the parties would be referred to with reference to their ranks in the Motor Accident Claims Tribunal.Claimant instituted a claim petition under Section 166 of the Motor Vehicles Act, 1988 ('Act' for short) claiming compensation against the owner of Hero Honda motor cycle KA-06-Q.9108 and its insurer (appellant in MFA No. 10737 of 2005). It was contended that, he was proceeding on a motor cycle as a pillion rider and the rider of the motor cycle dashed the vehicle against the road side banyan tree, resulting in sustaining of injuries. The motor cycle was duly insured. The claim petition was contested by the Insurance Company. Based on the pleadings of the parties...

M. Gangadhar S/O. Sri Mahesh Babu, Assistant Executive Engineer, Cmc V ...

Court: Karnataka

ORDERRam Mohan Reddy, J.1. The petitioner on being appointed as a Junior Engineer in the respondent City Municipal Council in the year 1987, was eligible for promotion to the post of Assistant Executive Engineer, but for the pendency of a departmental proceeding over alleged charges of misconduct initiated on 01.06.2006. The City Municipal Council having promoted the petitioner to the post of Assistant Executive Engineer by order dated 09.06.2009, Annexure-A recalled the same by Order dated 08.09.2009 Annexure-B on the premise of pendency of disciplinary proceedings. Hence, this Writ Petition grounded on violation of principles of natural justice.2. The fact that the petitioner had the special knowledge over the initiation of disciplinary proceedings as on 01.06.2006 while a Junior Engineer in the respondent City Municipal Council is not in dispute. The further fact that but for the disciplinary proceeding yet to be completed/concluded, there was no impediment for the respondent City M...

Smt. Rita Mahajan W/O Shri Satish Mahajan Vs. Union of India (Uoi) Min ...

Court: Karnataka

P.D. Dinakaran, C.J.1. The petitioner espousing the public cause of rise in prices of all essential commodities has preferred the above public interest litigation seeking the following reliefs:(i) direct the respondents to either ban temporarily open trading of all essential commodities or unlike and release enforceable weekly list of ceiling rates of wholesale and retail rates of all essential commodities and vegetables so ask to motivate people to buy either in whole sale or equip the people to question any abnormal rates which retailers may charges;(ii) suspend the operation of 1st proviso to Clause 3 of the Karnataka Essential Commodities Order, 1986 and in lieu thereof direct the respondent to fix stock and turnover limits on wholesale and retail dealers by treating as one unit the wholesalers or retailers who have more than one unit;(iii) direct the respondents to strictly enforce provisions of Essential Commodities Act, 1955 and Prevention of Black Marketing and Maintenance of S...