Karnataka Court July 2009 Judgments

Jyothi Brothers, a Registered Partnership Firm by Its Gpa Holder, S.A. ...

Court: Karnataka

Reported in: ILR2009KAR4157; 2009(6)KarLJ91;

P.D. Dinakaran, C.J.1. The challenge in the above writ petition is to the demand of Rs. 38,30,45,306.00 by proceedings dated 6/28.3.2009 towards the damage/loss caused to the Government on account of illegal mining by the petitioner herein over an extent of 96 acres of forest land out of 100 acres leased out to him in Thirtharampura North West Extension State Forest under Mining Lease No. 2363, without obtaining the forest clearance as contemplated under Section 2 of the Forest (Conservation) Act, 1980 (for short, the FC Act).2. The grounds of attack against the impugned demand dated 6/28th March, 2009 are that:(i) the petitioner could not be found fault with, because mining operations are carried out in the impugned 96 acres of forest land only on the basis of Mining Lease No. 2363 granted by the competent authorities; and(ii) in any event, the impugned demand of Rs. 38,30,45,306.00 towards damage/loss caused to the Government on account of alleged illegal mining operation without obt...

Kamalamma W/O Late H.G. Eshwarappa and ors. Vs. Honnali Taluk Agricult ...

Court: Karnataka

ORDERArali Nagaraj, J.1. This Miscellaneous application is filed under Section 16 of the Court Fees Act, 1870 seeking direction to the office of this Court to return to the appellants, the full Court fee paid by them in RSA No. 1374/2005.2. The facts leading to the present petition are as under:(a) The respondent No. 1 herein namely Honnali Taluk Agricultural Produce Co-operative Marketing Society Ltd., filed OS No. 197/1985 on the file of the learned Addl. Civil Judge (Sr. Dn.) Shimoga against the appellants and also the respondent Nos. 2 & 3 in this second appeal for recovery of a sum of Rs. 50,053/-together with interest thereon. The said suit came to be decreed by the said Trial Court by its Judgment and decree dated 20.9,1995. Aggrieved by the said judgment and decree, the appellants filed RA No. 54/2000 in the Court of the learned District Judge, Davanagere. Aggrieved by the same Judgment and decree, the respondent No. 4 herein filed RA No. 56/2000 before the same Appellate Court...

The Director of Income-tax Vs. Garden City Educational Trust

Court: Karnataka

D.V. Shylendra Kumar, J.1. This appeal under Section 260A of the Income Tax Act by the Revenue is directed against the order dated 25.08.2003 passed by the Income Tax Appellate Tribunal in Income Tax Appeal No. 1659/Bang/2002, a copy of which has been produced as Annexure-A to the memorandum of appeal.2. The substantial questions indicated in the memorandum of appeal for examination of which the appeal has been admitted are as under:9. Whether the Tribunal was correct in holding that the assessee is entitled to registration in accordance with Section 12A of the Act as it is carrying on activity of charitable purpose in terms of Section 2(15) of the Act without examining the various materials relied on toy the Director (Exemption) who had arrived at a categorical conclusion that a business activity was carried on by the Trustees for their family benefit and consequently recorded a perverse finding.10. Whether the Tribunal was correct in proceeding to allow the appeal filed by the assess...

B.R. Ganganna Gowda S/O Ramanna Gowda Since Dead by Lrs. (Rangaswamy B ...

Court: Karnataka

Reported in: 2010(1)KarLJ192

K.L. Manjunath, J.1. The legality and correctness of the order passed in W.P. No. 26801/2000 dt. 13th June 2008 is questioned in this appeal.2. This case has got a checkered career. In respect of 3 acres 3 guntas of land situated in Sy. No. 43 of Kothagere Amanikere Village in Kunigal Taluk is the subject matter of the litigation, which litigation was started between the parties in the year 1968 in O.S. No. 390/68 on the file of Munsiff at Tumkur, which suit was instituted by the deceased Ganganna Gowda claiming to be a tenant of the land for a perpetual injunction restraining the landlord from interfering with his lawful possession and enjoyment, which suit came to be dismissed on 17.12.1969 holding that he is not a tenant of the land in question. Against which he filed an appeal before the Civil Judge, Tumkur in R.A. 16/1970 which appeal came to be dismissed confirming the Judgment and decree of the Munsiff Court at Tumkur on 17.8.1973. Being aggrieved by the concurrent findings, the...

Commissioner of Income Tax and anr. Vs. J.G. Lovoie

Court: Karnataka

Reported in: (2009)226CTR(Kar)483; [2009]319ITR419(KAR); [2009]319ITR419(Karn)

D.V. Shylendra Kumar, J.1. This appeal by the Revenue under Section 260A of the IT Act, 1961 (for short 'the Act') is directed against the order passed by the Tribunal in ITA No. 117/Bang/1997, dt. 31st July, 2003 at the instance of the respondent-assessee.2. The question of law for examination of which question, this appeal had been admitted is as under:Whether the Tribunal was correct in holding that the assessee is entitled to exemption under Section 10(6)(viia)(II) of the Act for the asst. yr. 1994-95 in respect of a sum of Rs. 11,74,069 which was received by the assessee during the assessment year and correctly treated as part of his total income by the AO and brought to tax ?3. The Revenue is aggrieved by the reversal of the order passed by the assessment order and as affirmed by the Tribunal extending the benefit of the provisions of Section 10(6)(viia)(II) of the Act which read during the relevant assessment year as under:Section 10(6)(viia) : Where such individual renders serv...

Sri B. Sharadamma W/O Late V. Ramaiah, Manjunatha Nursery Vs. the Stat ...

Court: Karnataka

Reported in: 2009(4)KCCR3075

ORDERB.S. Patil, J.1. In this Writ Petition, Petitioner is challenging the Notifications published under Section 4(1) and 6(1) of the Land Acquisition Act dated 20,03.1986 and 04.05.1987 vide Annexure 'A' & 'B' respectively on the ground that the entire, acquisition proceedings stood lapsed as no award under Section 11-A of the Land Acquisition Act (hereinafter referred to as 'the Act) was passed within a period of two years.2. Petitioner was the owner of the land bearing Sy. No. 19/2 of Kadirenahalli Village, Uttarahalli Hobli, Bangalore South Taluk. This land was proposed for acquisition under Section 4(1) of the Act in favour of the 4th respondent - M/s. Kanaka Gruha Nirmana Sahakara Sangha Niyamitha, Bangalore vide Notification dated 20.03.1986 published in the Gazette on 24.04.1986. This was followed by Final Notification under Section 6(1) of the Act dated 04.05.1987 published in the Official Gazette on 05.05.1987. The acquisition proceedings were challenged by the petitioner in ...

Smt. S.G. Sharadamma W/O Late Sri B.V. Sridhar and Vs. Sri B.R. Srikan ...

Court: Karnataka

Reported in: ILR2009KAR3760

ORDERN. Ananda, J.1. The matter is listed for admission, with the consent of learned Counsel for the parties, it. is taken up for final disposal.2. The trial court has granted leave under Section 92 CPC in the suit instituted by respondents for the following reliefs:i) for a declaration that the suit properties are Trust Properties as per the Registered Will dated 14.03.1901.ii) that the Defendants 1 ID 3 be removed from Trusteeship and that the Plaintiffs be appointed as new Trustees in respect of the said Trust and that the suit properties shall vest in the plaintiffs' as Trustees,iii) directing the defendants 1 to 3 to deliver possession of the Trust properties to the plaintiffs who are entitled for possession of the same.iv) directing accounts to be furnished by the defendants 1 to 3 directing them regarding the receipts and expenditure of the income in respect of the Trust Properties and for an enquiry to be made concerning the same,v) authorizing the new Trustees - Plaintiffs to ...

Basavaraj Vs. State of Karnataka

Court: Karnataka

Reported in: 2009(6)KarLJ148

Jawad Rahim, J.1. The convicted accused is in appeal against the judgment in S.C. No. 225 of 1998, dated 4-11-2003 convicting him for offence punishable under Section 498A of the Indian Penal Code, 1860.2. The contextual facts relevant for consideration are:Vanishree, a young woman of 22 years, was married to the appellant on 26-11-1997 at Shahapur Maratha Mandal Karyalaya according to Hindu rites and customs of the community to which they belong. During negotiations preceding the marriage, it was agreed that a sum of Rs. 21,000/- will be paid along with other presents as Varopachar. It was recorded in a Yadi-Ex. P. 1. In terms of the said negotiation Rs. 21,000/-was given to the accused along with clothes, utensils, etc. The marriage was performed and the couple entered matrimony with all fond hoped. Life was blissful for a short period.On 4-6-1998 within 8 months of marriage, Vanishree was found dead in a well. Her body was removed and subjected to post-mortem examination, which reve...

S.M. Madan Kumar Vs. Carbone Lorraine India P. Ltd.

Court: Karnataka

Reported in: [2009]150CompCas767(Kar); [2010]97SCL99(Kar)

R.S. Patil, J.1. The petitioner has filed this petition under Section 433(e) and (f) and Section 434 of the Companies Act, 1956, seeking for appointment of a liquidator for the respondent-company and an order for winding up of the company.2. It is the case of the petitioner that he was working as a Deputy Manager (Marketing) under the respondent-company. He submitted his resignation on August 20, 2007, whereupon he was relieved from service. However, in spite of relieving him from service, the respondent-company did not settle his terminal dues. He moved the respondent-company for settling the terminal dues. According to the petitioner, terminal benefits dues are in the range of Rs. 4,71,201. The petitioner wrote a letter dated September 23, 2007, vide annexure D calling upon the respondent-company to settle the dues. This letter was replied by the respondent-company on September 28, 2007, vide annexure E. Later on, several communications were exchanged between the petitioner and the r...

B.K. Suresh S/O Krishna Reddy Vs. Chief Executive Officer and Executiv ...

Court: Karnataka

Reported in: ILR2009KAR3634

ORDERV. Gopala Gowda, J.The petitioner is an allottee of a plot adjacent to Plot No. 257-A of Bommasandra Industrial Area, Bangalore by the Kamataka Industrial Areas Development Board. The plot allotted is adjacent to Narayana Hrudalaya, a reputed hospital treating heart patients and is stated to be in the process of commencing a cancer institute. The case of the petitioner is that with an intention to have tie-up with the business agencies, he approached the Tourism Department invoking the Tourism Policy of 2002-2007. The said department informed the petitioner that he requires 575 sq. meters of land as per the tourism policy. The plot allotted to petitioner measures 360 sq. meters. Therefore, the petitioner requested the KIADB to allot 1300 sq. meters C.A. site adjacent to his plot. Without considering his request, as per Annexure-H dated 11-12-2008 the said plot was allotted in favour of 2nd respondent. The petitioner is seeking to quash the said allotment and to direct the first re...