Karnataka Court April 2009 Judgments

Sri Poojari Peddanna Vs. the State of Karnataka Rep. by Its Secretary, ...

Court: Karnataka

Reported in: ILR2009KAR1789; 2009(5)KarLJ556

ORDERAshok B. Hinchigeri, J.1. The acquisition of land vide preliminary Notification, dated 2nd June, 2006 and final Notification (declaration), dated 16th August, 2006 under Karnataka Industrial Areas Development Act, 1966 (hereinafter called 'the KIAD Act' for short) is being assailed in these three petitions. The land in question measures 1 acre 35 guntas at Survey No. 41 of Kadubisanahalli Village, Varthur Hobli, Bangalore East Taluk. The acquisition of the said land is for the benefit of the third respondent.2. Sri Navkesh Batra, the learned Counsel for the petitioner in W.P. No. 15716/06 has urged the following contentions:(i) There is no valid Notification for bringing Chapter VII of the KIAD Act into force. In the absence of the Notification under Section 1(3) of KIAD Act, resorting to the acquisition proceedings under Section 28 of KIAD Act is bad in law.(ii)(a) The acquisition of land under the KIAD Act is always for the purpose of establishing an industrial area or estate or...

The Mysore Paper Mills Limited Rep. by Its General Manager, Hrd and Ad ...

Court: Karnataka

Reported in: ILR2009KAR4266; 2009(6)KarLJ464; 2009(3)KCCR1618

ORDERHuluvadi G. Ramesh, J.1. The petitioner-Management has sought for issuance of writ of certiorari quashing the award passed by the Labour Court, Chikamagalur in IDR No. 43/2004 dated 25-3-2008 directing the Management to reinstate the respondent into service to his original post as per Annexure-A and for such other orders.2. A reference was sought by the I party workman before the Labour Court, Chikmagalur stating that the Management had terminated his cervices w.e.f. 1-1-2001 without any enquiry and without any notice and also without paying retrenchment condensation as contemplated under Section 25F of the I.D. Act. On the basis of the reference, the Labour Court after enquiry, having referred to various contentions raised by the workman that he had put in 240 days of service in a year as such he has satisfied the requirement of Section 25-B of the I.D. Act has passed an award ordering to reinstate the workman. The respondent has worked from 1-3-1992 to 31-12-2000 without any int...

Sri Abdul Ayub S/O P.K.M. Bawa Vs. State of Karnataka Rep. by Its Secr ...

Court: Karnataka

ORDERV.G. Sabhahit, J.1. This PIL is filed seeking for quashing of the proceeding dated 28.2.2009 passed by the third respondent in the writ petition-Assistant Commissioner, Mangalore sub-Division, Mangalore reserving 1.20 acres of land in Sy. No. 31/1B of Kairangala village, Bantawal Taluk for the purpose of construction of Higher primary school by Dakshina Kannada Zilla Panchayat.2. It is averred in the petition that the impugned order reserving 1.20 acres of land in Sy. No. 31/1B of Kairangala village, Bantwal Taluk for the construction of school building is clearly erroneous as there are no students in the school and there are already two schools in the neighbouring villages. It is averred that there is already a school in Nadupadau village which is an aided school and there was no necessity of having a school in Kairangala village and therefore, the impugned order is liable to be set aside.3. We have heard the learned Counsel appearing for the petitioner and the learned Government...

M.P. Sreenath Gupta Vs. the Assistant Executive Engineer (Ei), Bangalo ...

Court: Karnataka

Reported in: 2009(4)KarLJ268; 2009(4)KLJ268; 2009(4)AIRKarR483; AIR2009NOC2592.

ORDERD.V. Shylendra Kumar, J.1. Writ petitioner is a consumer of power serviced for utilising the electrical energy as an industry and provided connection as low tension-5 consumer. The petitioner had been so provided power connection as per sanction order dated 29-10-2001.2. The initial capacity it appears had been enhanced to 5 kilowatt with effect from 27-7-2002. It appears the premises of the petitioner was inspected by the meter testing staff of the Bangalore Electricity Supply Company which is now the power supplier as on 20-1-2009 and it was noticed that the power supplied to the petitioner to be used as a LT-5 user was being misused for commercial purposes, in the sense, the power consumption was as LT-3 consumer in view of a telecom tower which had been installed in the subject premises and using the power for maintaining the telecom tower is to be treated as a commercial use.3. On such premise, it appears the authorities had back billed the consumer with effect from 12-2-2002...

Bhima Mines and Minerals Private Limited and ors. Vs. State of Karnata ...

Court: Karnataka

Reported in: 2009(5)KarLJ144; 2009(6)AIRKarR457

ORDERV.G. Sabhahit, J.1. These writ petitions are filed being aggrieved by the order dated 3-3-2009 passed by the Deputy Director of Mines and Geology, Uttara Kannada, averring that the petitioner-Companies have been directed to remove the iron ore stocked in the premises referred to in the order as the same is hazardous to the environment, failing which, an action would be taken for confiscation of the said iron ore and sold the same in a public auction. It is averred in the writ petition that the petitioner-Companies are actively involved in the process of transportation, stocking and export of mining produce in the State of Karnataka and Goa and are fully professionals and involved in the business for the past several years in the State of Karnataka spreading in the regions of Uttara Kannada, Bellary, Chitradurga and Tumkur. They made necessary applications before the Competent Authorities in the State of Karnataka viz., respondent 2-Department of Mines and Geology, Department of In...

C. Shashi Kumar Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: 2009(6)KarLJ320:2009(2)KCCR1456:AIR2009NOC2538(D.B)

P.D. Dinakaran, C.J.1. The petitioner herein seeks a mandamus directing the respondent-authorities to consider the application dated 23-9-2004, No. 100 APL 2004/9378 filed by the petitioner for grant of prospecting licence on the ground that he had applied for the same as early as on 29th March, 2004.2. In this regard it is relevant to refer to the provisions dealing with the grant of mining lease under the Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'the MMDR Act') and the Mineral Concession Rules, 1960 (for short, 'the MC Rules').3. Sections 10 and 11 of the MMDR Act read as hereunder:10. Application for prospecting licences or mining leases.-(1) An application for a reconnaissance permit, prospecting licence or mining lease in respect of any land in which the minerals vest in the Government shall be made to the State Government concerned in the prescribed form and shall be accompanied by the prescribed fee.(2) Where an application is received under Sub-sect...

Bates India Pvt. Ltd., Formerly Known as Clarion Advertising Services ...

Court: Karnataka

Reported in: (2010)27VST236(Karn)

ORDERV. Gopala Gowda, J.1. We have reheard Mr. G. Sarangan, learned Senior Counsel today in this Sales Tax Revision Petition.2. The correctness of the order dated 21st November 2006 passed by the Karnataka Appellate Tribunal, Bangalore, in STA Nos. 691 to 711 of 2002, affirming the order of the Assessing Authority by dismissing 21 appeals filed by the petitioner herein by holding that the petitioner is carrying on business in advertising and Publicity, supply of printed materials like booklets, calendars, diaries, visiting cards etc., in the course of business and liable for levying Turnover Tax under Section 6-B of the Karnataka Sales Tax Act, 1957 (an 'Act' for short), is questioned in this writ petition.3. The following substantial questions would arise:(1) Whether on the facts and in the circumstances of the case, the Appellate Tribunal had material to hold that there is a transfer of property in goods to the petitioner from the Printer and also from the petitioner to the Customer ...

R.C. India Rep. by Its Partner, Sri Nijalinge Gowda Vs. the State of K ...

Court: Karnataka

Reported in: (2009)26VST674(Karn)

Manjula Chellur, J.1. The appellant herein is one M/s. R.C. India represented by its partners Sri. Nijalinge Gowda.2. The brief facts that have led to the filing of the present appeal are that the appellant is a partnership firm constituted for carrying on the business of excavating and sale of rough granite blocks. The Deputy Commissioner of Commercial Taxes (Transition-31) - the assessing authority of the appellant relying upon the investigation and inspection report from the Joint Commissioner of Commercial Taxes (Vigilance) Bangalore, estimated the turn over of the appellant for the assessment year 2000-01 at Rs. 9,62,390.00 with rate of tax at 12%.3. Aggrieved by the sane an appeal was preferred before the Joint Commissioner of Commercial Taxes (Appeals-1), in KST AP. No. 33/2008-09 and the save was allowed on 26.05.2008.4. Subsequently, the Additional Commissioner of Taxes, Zone 1, Bangalore, issued a notice Under Section 22A(1) of the Karnataka Sales Tax Act proposing to revise ...

A.S. Krishna Murthy S/O Late Srinivasan Vs. C.N. Revanna S/O C.R. Naga ...

Court: Karnataka

Reported in: 2009(5)KarLJ454; 2009(4)AIRKarR486; AIR2009NOC2692(D.B)

B.V. Nagarathna, J.1. W.A. No. 740/2006 is filed by plaintiff No. 2 in O.S. no. 15842/1999 challenging the order dated 27.3.2006 made by the learned single Judge in W.P. No. 26457/2005.2. RFA. No. 389/2007 is filed by the second defendant in O.S. No. 15842 by challenging the Judgment and Decree dated 30.11.2006, passed by the City Civil Court, Mayo Hall Unit, Bangalore.3. For the sake of convenience the parties shall be referred to in terms of their status before the trial court.4. According to the plaintiffs they are the absolute owners of the suit schedule property comprising of premises bearing No. 6, Shivaji Road, Shivaji Nagar, Bangalore-51 and the same was leased out to one Srinivas who was carrying on the business in the name and style of 'Elgin Talkies'; that subsequent to the death of Srinivas, his wife the first defendant continued the business as proprietrix on a monthly rent of Rs. 3000/ -, out of which a sum of Rs. 1,125/ - was paid to the first plaintiff and sum of Rs. 1,...

Berya Fishermen Co-operative Society Limited Vs. the Senior Assistant ...

Court: Karnataka

Reported in: 2009(4)KarLJ259

ORDERN.K. Patil, J.1. The petitioner, assailing the correctness of the impugned order dated 16-10-2008 made in No. ALL: 12:2008-09 passed by 2nd respondent vide Annexure-M; the impugned letter dated 11-11-2008 made in No. ALL: 1:08-09 passed by 2nd respondent vide Annexure-Q has presented this writ petition. Further, the petitioner has sought to direct the respondents 1 and 2 to grant the lease of the tank at Hosagrahara, Hosagrahara Hobli, pursuant to the tender notification dated 7-6-2008 made in No. Hagupa:05:2008-09 vide Annexure-A in favour of the petitioner by considering the application dated 30-8-2008 vide Annexure-B and etc.2. The undisputed facts of the case are that, in pursuance of the notification issued by the Authorised Officer of the respondents dated 7-6-2008 vide Annexure-A, petitioner and third respondent have filed their applications seeking grant of lease right for harvesting fishes at Hosagrahara Tank, Hosagrahara Taluk, K.R. Nagar, Mysore District. It is the furt...