Karnataka Court July 2009 Judgments

The Workmen of Nttf Workers Union (Regd.) (Affiliated to Hind Mazdoor ...

Court: Karnataka

Reported in: (2009)226CTR(Kar)408

ORDERHuluvadi G. Ramesh, J.1. This petition is filed by the NTTF workers union seeking for to issue writ of mandamus or any other order directing the State Government to take action under Section 10 of the Contract Labour (Regulation & Abolition) Act of 1970 (hereinafter referred to as CLRA Act) and to issue appropriate orders for abolition of the contract labour.2. According to the learned Counsel for the petitioner-Union, M/s. NTTF Industries Ltd., is engaged in manufacturing various tools and other equipment to leading automobile electrical manufacturing companies throughout the would; there are about 400 workers working in the said industry out of them, about 120 are contract workers; no separate service conditions have been framed except the standing orders; the standing orders do not provide for engagement of laborers through the contractors or on piece rate system; no license has been obtained by the said company as per Section 7 of the CLRA Act of 1970 although it is mandatory,...

Commissioner of Income Tax and anr. Vs. P.R. Seshadri

Court: Karnataka

Reported in: (2010)228CTR(Kar)334

D.V. Shylendra Kumar, J.1. Appeal by the Revenue under Section 260A of the Act. Asst. yr. is 1996-97. Assessee is an individual and had filed his return of income offering to tax income from his business activities etc, apart from capital gains.2. The present appeal is one relating to the computation of the capital gains.3. During the accounting period relevant for the assessment year, the assessee was holding shares in a company by name M/s Vishesh Technologies (P) Ltd., and held about 90 per cent of the shares and transferred his entire share holding of Rs. 40,07,000 in favour of M/s SRG Infotech (India) Ltd., at a price of Rs. 18.75 per share yielding a net receipt of Rs. 75,13,125.4. Apart from transferring his entire share holding in the company in favour of the buyer the assessee had under a separate agreement agreed to transfer the liabilities in connection with a software that the assessee himself had developed, some of the assets of the company namely computers and some softwa...

Devaraj Dhanram Vs. Firebricks and Potteries P. Ltd. and ors.

Court: Karnataka

Reported in: [2009]151CompCas37(Kar); [2010]97SCL281(Kar)

D.V. Shylendra Kumar, J.1. This is an appeal under Section 10F of the Companies Act, 1956 (for short, 'the Act') filed by a shareholder of the first respondent-company, who had petitioned the Company Law Board, Additional Principal Bench, Chennai, under Sections 397 and 398 of the Act, but has failed in his attempt to make good either, in terms of the order dated February 28, 2002, passed in Company Petition No. 25 of 1999 (Devaraj Dhanram v. Firebricks and Potteries P. Ltd. [2003] 117 Comp Cas 380) and being aggrieved by the said order, is before this Court.2. This appeal, obviously, is to be confined to the question of law that arises in the passing of the impugned order by the Company Law Board. The question of law as submitted by Sri B. Ramesh, learned Counsel for the appellant, is that transfer of as many as 2,392 shares of the company held by respondents Nos. 2 to 5 in favour of respondents Nos. 6 to 9 at a price of Rs. 7,031 per share, is clearly in contravention of Article 37 o...

Dr. N. Ranganath S/O R. Nagaraj, Vs. Principal Secretary, Health and F ...

Court: Karnataka

Reported in: 2009(6)KarLJ547; ILR2009(4)Kar4505; 2009(6)KLJ547

ORDERMohan Shantanagoudar, J.1. Petitioners, after completion of MBBS degree, are discharging their duties as Medical Officers in the respective places of their posting in the State. The State Government has published the Rules called Karnataka Conduct of Entrance Test for Selection and Admission to Post-graduate Medical and Dental Degree and Diploma Courses Rules of 2006, (hereinafter referred to as 'the Rules of 2006' for short) for conduct of entrance test to the admission to post graduate courses. The Rules of 2006 are Gazetted on 8.12.2006. The copy of the Rules of 2006 are produced at Annexure-'B' to the writ petitions. The petitioners applied for Entrance Test as in-service candidates for admission to Post-graduate courses in Karnataka for the academic year 2009-10. The 2nd respondent - Director, Medical Education Department, Bangalore, forwarded the applications of the petitioners to the 5th respondent-Rajiv Gandhi University of Health Sciences and consequently, the University ...

Sri Chennappa S/O Siddappa Vs. the Managing Director, Ksrtc

Court: Karnataka

N.K. Patil, J.1. This appeal arises out of the judgment and award dated 13th ___ February ___ 2007 ___ passed ___ in M.V.C. No. 1316/2006 on the file of the Motor Accident Claims Tribunal, Bangalore (SCCH-2) ('Claims Tribunal' for brevity), on the ground that, the compensation awarded by Claims Tribunal towards pain and sufferings and towards conveyance, nutrition and attendants and other incidental charges is inadequate.2. The facts of the case are that, the appellant is an agriculturist by profession. That on 30th December 2005 at about 6:30 P.M after finishing his agricultural work, the appellant was riding his bullock cart towards Arepalya on N.H.48. When he came near Kannasandra stop, a bus bearing No. KA-13/F-1215 came from the same direction and dashed against the bullock cart. Due to the accident, the appellant sustained grievous injuries and both the bullocks died on the spot and the cart was completely destroyed. On account of the said motor accident, the appellant has filed ...

Muniyappa S/O Late Pattapa and Vs. P. Nagaraj S/O Papanna and

Court: Karnataka

Reported in: ILR2009KAR3207; 2009(6)KarLJ279

A.N. Venugopala Gowda, J.1. One Ganesh (deceased), son of the appellant/petitioner, while travelling as a pillion rider on TVS 50 bearing registration No. CAT 1296, sustained fatal injuries and later succumbed, on account of an accident caused to said vehicle, by the driver of goods tempo bearing registration No. KA.07/1546, which belonged to the 1st respondent. The said goods tempo vehicle was insured by the 2nd respondent. Ganesh was unmarried. He left behind him, his parents as his only heirs and legal representatives. A claim petition was filed under Section 163A of the Indian Motor Vehicles Act, 1988 ('the Act' for short) stating loss of dependency. The petition was contested by the respondents. Based on the pleadings, issues were framed. Father of the deceased, while deposing as PW1 has stated that his deceased son was aged 25 years as on the date of accident; was employed and was earning Rs. 3000/- p.m. and was maintaining the family. Pw2 was examined to prove employment and the...

L and T Case Equipment Pvt. Limited Represented by Its Area Accountant ...

Court: Karnataka

Reported in: ILR2009KAR3072; (2010)27VST447(Karn)

ORDERN. Kumar, J.1. In all these writ petitions the petitioners have challenged the constitutional validity of Section 4-B and 4-BB of the Karnataka Tax on Entry of Goods into Local Area Act, 1979, for short, hereinafter referred to as the 'Act' and the notification No. FD 41 CET 20O3(iii) dated 26.07.2003 issued by the Government of Karnataka prescribing the rate of entry tax on the motor vehicles mentioned therein.2. The petitioners are all dealers registered under the provisions of the Karnataka Sales Tax Act, 1957 and Karnataka Tax on Entry of Goods into Local Areas Act, 1979. As the constitutional validity of the aforesaid provisions are under challenge, it is not necessary to set out the facts of each case.3. Section 4-B of the Act was the charging Section in respect of levy of entry tax on motor vehicles. The said Section was inserted in the Act for the first time with effect from 01.04.1995 by the Karnataka Tax on Entry of Goods (Amendment Act), 1994 (Karnataka Act No. 45 of 19...

Smt. Manjula W/O Sri L. Lakshminarayana Vs. State of Karnataka Rep. by ...

Court: Karnataka

Reported in: ILR2009KAR4232

ORDERAjit J. Gunjal, J.1. Respondents 3 to 11 claim to be the agreement holders in respect of an agricultural land belonging to the petitioner. The said agreement to sell is stoutly denied by the petitioner on the ground that the signature found on the agreement is not that of hers. Since the petitioner did not come forward to execute the necessary sale deed pursuant to the agreement to sell, they have filed a suit in O.S. No. 1490/08 on the file of Civil Judge(Sr.Dn.), Bangalore Rural District. In the meantime, one of the agreement holders i.e., respondent No. 3 makes an application to the second respondent for adjudication of stamps under Section 31 of the Karnataka Stamp Act The said application was considered and the second respondent found that in the given set of circumstances and having regard to Article 5(e)(i) of the schedule to the Karnataka Stamp Act, 1957, the respondents are liable to make good the deficit stamp duty to the tune of Rs. 16,20,100/-, inasmuch as, according t...

S. Shivananda Vs. State by Station House Officer

Court: Karnataka

Reported in: 2009(4)KarLJ730

ORDERSubhash B. Adi, J.1. Petitioner is common in both the petitions. Against this petitioner two crimes have been registered by Nelamangala Police in Crime Nos. 560 and 561 of 2009, dated 28-6-2009 for the offence punishable under Section 394 of the Indian Penal Code, 1860.2. It is alleged that, petitioner and other accused stopped the complainant who was moving near Vishwashanthi Ashram and assaulted him and by threatening, they snatched Rs. 100/-. There is also similar allegation in the another case.3. Both the matters are under investigation. Offence alleged against the petitioner is punishable under Section 294 of the IPC. I do not find any justification to enlarge the petitioner on bail. However, petitioner is at liberty to renew his application after the charge-sheet is filed....

Smt. Manjula Reddy W/O Late G. Srinivas, Assistant, K.S.R.T.C., Tumkur ...

Court: Karnataka

ORDERHuluvadi G. Ramesh, J.1. The petitioner in this petition has assailed the order of the 2nd respondent-authority at Annexure 'L' and sought for to issue writ of certiorari to quash the same and also to issue any other appropriate order or direction.2. Alleging that petitioner-workman was unauthorisedly absent for a period of six months commencing from 8.5.93 to 26.11.93 an enquiry was instituted against her and the enquiry report was submitted to the effect that she is not guilty of misconduct. However, it appears, her absence continued till 24.3.94. In the meanwhile the disciplinary authority having examined the matter, being not satisfied with the enquiry report, ordered for fresh enquiry and during the pendency of the fresh enquiry, the workman was promoted during 2004 from the post of Junior Assistant to Assistant. In the meanwhile in order to initiate fresh enquiry a notice came to be issued by the Management to the workman on the ground that earlier enquiry report was set asi...