Karnataka Court March 2009 Judgments
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National Agricultural Co-operative Marketing Federation of India Ltd. ...
Court: Karnataka
Decided on: Mar-24-2009
Reported in: (2009)26VST596(Karn)
ORDERK.N. Keshavanarayana, J.1. In all these petitions filed under Section 23(1) of the Kamataka Sales Tax Act, 1957 read with Rule 31(1) of the Karnataka Sales Tax Rules, 1957 the common petitioner has questioned the legality and correctness of the common judgment dated September 18, 2007 passed by the Karnataka Appellate Tribunal, Bangalore in STA Nos. 1796 of 2004, 1116 of 2005, 1118 of 2005 and 1798 of 2004 respectively. Therefore all these petitions were heard together and are being disposed of by this common order.2. The facts leading to presentation of these petitions, in brief, are as under:The petitioner is a Government of India undertaking. Whenever the market price of any agricultural commodity falls below certain limits, the Government of India fixes a price called 'minimum support price' for such agricultural commodity and procures such commodity from the farmers to protect their interest. Ministry of agriculture, Government of India, issues directions to various Governmen...
Yajaman Gowraiah S/O Late Yajaman Venkatappa Since Dead by His Lrs Sha ...
Court: Karnataka
Decided on: Mar-24-2009
Reported in: ILR2009(2)Kar2105; 2009(3)KCCR1624; 2009(4)KLJ514; 2009(5)AIRKarR128; AIR2009NOC2510
K.N. Keshavanarayana, J.1. This is an unfortunate litigation in which the parties are litigating for the last four decades.2. This second appeal by the LR of the original defendant No. 4 in OS No. 186/1989 on the file of the then Munsiff at Gowribidanur, is directed against the judgment and decree dated 7.8.2000 passed by Civil Judge (Senior Division), and JMFC, Chikkaballapur, in RA No. 13/1994 whereby the Lower Appellate Court has set aside the judgment and decree passed by the Trial Court in OS No. 186/1989 dismissing the said suit and in reversal of the said judgment, decreed the suit of the plaintiffs for the relief of declaration and for possession of the property described in schedule to the plaint. The subject matter of the suit is the land bearing Sy. Nos. 14 and 15 of Mittenahalii village, Gowribidanur, (sic) measuring 17 acres 20 guntas.3. The respondents 1 to 6 were ate the plaintiffs in the Trial Court. The original plaintiff No. 1 Sri. N.V. Shivaram appears to have died a...
H.N. Yoga Rajan Vs. Government Tool Room and Training Centre and anr.
Court: Karnataka
Decided on: Mar-23-2009
Reported in: 2009(4)KarLJ50; ILR2009(2)Kar1750; 2009(3)KCCRSN93; 2009(4)AIRKarR444
ORDERS. Abdul Nazeer, J.1. The petitioner has been working as a General Manager (HRM) with the Government Tool Room and Training Centre (for short, 'GTTC'), Rajajinagar Industrial Area, Bangalore, with effect from 1-4-2002. Though the GTTC is a society registered under the Karnataka Societies Registration Act, 1960, it is wholly sponsored, controlled and owned by the Government of Karnataka. It iw a wing of the Department of Commerce and Industries of the Government of Karnataka. The Directors of the GTTC are nominated by the Government of Karnataka and the entire share capital of the GTTC is subscribed by the Government of Karnataka. Thus, the GTTC is an 'alter ego' or an 'instrumentality of the State' and hence, it is an 'authority' as defined under Article 12 of the Constitution of India.2. The age of superannuation in the GTTC is 58 years. The Government of Karnataka has enhanced the age of superannuation of Government servants and employees of local bodies and aided educational in...
Smt. B. Indrani W/O. Kempe Gowda and ors. Vs. the Registrar of Firms a ...
Court: Karnataka
Decided on: Mar-20-2009
Reported in: 2009(3)KCCRSN95; 2009(4)KLJ526; 2009(5)AIRKarR125; AIR2009NOC2569
ORDERN.K. Patil, J.1. These twenty-one petitioners being aggrieved by the impugned endorsements dated 27.02.2008 bearing No. A2: Registration: 58 : 2008-09 issued by the first respondent vide Annexures-H, H1 to H20 and also assailing the correctness of the finding recorded by the third respondent in para-31 of the report dated 04.07.2007 in No. JiJaAaAa/Mai/Vicharane-1/06-07 vide Annexure-K; and assailing the calendar of events dated 05.03.2009 bearing No. Chu Vi Sa Mai/Aa Ma Chu/7/08-09 issued by the second respondent vide Annexure - L, have presented these Writ Petitions.2. The undisputed facts of the case are that, the fourth respondent-Vidyavardhaka Sangha, represented by its President - Mr. P.M. Chikkaboraiah has filed W.P. No. 18645/2007 (GM-KSR) questioning the correctness of the appointment of the administrator to fourth respondent-Sangha and also the report submitted by the third respondent therein-Enquiry Officer and the Assistant Agricultural Officer (Technical) dated 04.07....
Airport Authority Employees Union Vs. Union of India (Uoi) and ors.
Court: Karnataka
Decided on: Mar-19-2009
Reported in: 2009(4)KarLJ366
P.D. Dinakaran, C.J.1. The petitioner which is a registered trade Union representing majority of employees of Airport Authorities of India in the above public interest litigation complaining that the new Bangalore International Airport Limited have not utilised the land for the purpose for which it was acquired and allotted and the statement made in Writ Petition No. 2253 of 2008 that they have spent Rs. 270 crores towards incidental expenses is false and fraudulent, which writ petition is pending before the Court, seeks the following reliefs:(a) Issue a writ of mandamus directing the 1st respondent to conduct an investigation into the affairs of the 3rd respondent-Company by the 2nd respondent-Serious Fraud Investigation Office, Ministry of Corporate Affairs, into the affairs of the Company, including the investments made, expenses claimed to have been incurred and project costs and other contracts, and submit a final report before this Hon'ble Court.(b) Issue a writ of mandamus direc...
A.S. Parameshwaraiah and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Mar-19-2009
Reported in: 2009(4)KarLJ330; 2009(3)KCCR1849; 2009(4)KLJ330; 2009(5)AIRKarR3; AIR2009NOC2651
ORDERRam Mohan Reddy, J.1. Petitioners claim to be members of a joint Hindu undivided family of which the 1st petitioner is the kartha, owning extensive movable and immovable properties and more particularly, property bearing Municipal Katha Nos. 3299 and 3300 measuring 80' x 90' at Hassan-Mysore Road, Holenarasipura.2. Petitioners state that during the year 1968, with an intention to start a Petrol Bunk, applied for and secured a dealership on 27-12-1968 from the Indian Oil Corporation, and put to use the properties Nos. 3299 and 3300 for the said purpose. In the year 1984, it is stated that at the instance of the petitioners for grant of land belonging to the 3rd respondent on payment of upset price, the Standing Committee by resolution dated 8-6-1983 approved the grant of immovable property, being a vacant plot bearing No. 2776A, measuring 79 x 45' + 65/2, followed by the letter dated 23-8-1985 directing deposit of Rs. 7040/- being the value of the property at Rs. 16/- per sq. mtr. ...
H.V. Vijayaraghavan and anr. Vs. Malathi Das and ors.
Court: Karnataka
Decided on: Mar-19-2009
Reported in: 2009(5)KarLJ375; 2009(4)KCCR2313; 2009(4)AIRKarR385(D.B)
ORDERV.G. Sabhahit, J.1. The writ petitions and the contempt of Court case are disposed of by this common order since they are interconnected.2. W.P. No. 3568 of 2007 is filed by Nandi Infrastructure Corridor Enterprises Limited (for short, 'NICEL') and two others seeking for quashing of the order dated 4-11-2006 passed by the State-first respondent in the writ petition (Annexure-P to the writ petition) and to prohibit the respondents and their servants and agents permanently from acting pursuant to the Government order dated 4-11-2006.3. W.P. No. 17550 of 2006 is filed by Dr. B.K. Chakrapani seeking for quashing of the order dated 4-11-2006 passed by the respondent-State (Annexure-A to the writ petition); quashing of the report of the fifth respondent-Chief Engineer, Communication and Building (South), Bangalore, dated 15-7-2006 (Annexure-Al to the writ petition) and to direct the respondents not to construct the peripheral road or any other road on or over the Gottigere Tank on pilla...
The Commissioner of Income Tax and the Dy. Commissioner of Income Tax, ...
Court: Karnataka
Decided on: Mar-18-2009
Reported in: (2009)227CTR(Kar)565; [2009]184TAXMAN18(Kar)
A.S. Pachhapure, J.1. This appeal is by the Revenue challenging the concurrent findings of the order passed by the Commissioner of Income Tax (Appeals) and further confirmed by the Income Tax Appellate Tribunal, Bangalore Bench, in ITA No. 514/Bang/1998, dt. 10.2.200-1 for the assessment year 1994-95.2. The facts relevant for the purpose of this appeal are as under:The respondent assessee is being assessed in the status of a company and for the assessment year 1994-95, the assessee filed a return of income. An order came to be passed under Section 143(3) of the Act on 25.9.1996. After passing the assessment order, the Assessing officer initiated rectification proceedings under Section 154 of the Act and he found that the claim of Rs. 93,14,820/- as deduction under Section 80IA being 30 per cent on Rs. 3,10,49,400/- included a sum of Rs. 97,61,594/- being the export incentive received by the company. It is the contention of the Revenue that this incentive is only a scheme by the Central...
Commissioner of Income-tax and anr. Vs. Gajanana Enterprises
Court: Karnataka
Decided on: Mar-18-2009
Reported in: [2009]314ITR247(KAR); [2009]314ITR247(Karn)
A.S. Pachhapure, J.1. This appeal is by the Revenue challenging the concurrent findings of the order passed by the Commissioner of Income-tax (Appeals) and further confirmed by the Income-tax Appellate Tribunal, Bangalore Bench, in I. T. A. No. 591/Bang/1995, dated July 8, 2003, for the assessment year 1993-94.2. The facts relevant for the purpose of this appeal are as under:The respondent-assessee is a private trust and it filed a return of income on June 30, 1993, declaring an income of Rs. 88,62,897 as an income from capital gains. The return was originally processed under Section 143(1A) of the Income-tax Act (hereinafter referred to as 'the Act') and the assessee entered into an agreement of sale on April 6, 1989, with Mrs. Sayeeda Fathima Begum for purchase of the agriculture lands in Sy. Nos. 35 to 39 (old Sy. No. 100) of B. Narayanapura in Bangalore south taluk and an advance of Rs. 10,000 was paid on that day and a further advance of Rs. 90,000 was paid on August 30, 1989. The...
P. Raghu and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Mar-18-2009
Reported in: 2009(4)KarLJ339; 2009(4)KCCRSN236; 2009(5)AIRKarR74; AIR2009NOC2537(D.B)
1. This appeal is filed by the petitioners in W.P. No. 10955 of 2008 being aggrieved by the order dated 29-1-2009, wherein the learned Single Judge has dismissed the writ petition on the ground that the writ of quo warranto is not maintainable and the writ petitioners have got an alternate and efficacious remedy to question the election of the sixth respondent.2. The appellants herein filed W.P. No. 10955 of 2008 seeking for a writ of quo warranto to declare that the 6th respondent is not entitled to hold the post/office of the Corporator of Mysore Mahanagara Palike from Ward No. 41 as per the certificates of the Returning Officer vide Annexure-H and to restrain him from acting as a Corporator and for a writ of mandamus directing the respondent-Tahsildar, Mysore Taluk, Mysore, to initiate criminal proceedings against the 6th respondent for obtaining false Caste Certificate by furnishing wrong information to enjoy the public office illegally.3. It is contended in the writ petition that ...
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