Karnataka Court July 2009 Judgments

Kotak Urja (P.) Ltd. Vs. Chief Cit and anr.

Court: Karnataka

ORDERAjit J. Gunjal, J.1. Pursuant to an agreement to sell dated 9-3-1998, the petitioner proposed to purchase the land belonging to one Smt. Meena S.C. Babu. Seller made an application to the concerned authorities under Section 230A of the Income Tax Act (for short, the Act) for issuance of necessary certificate to enable the registration of the document in question, in as much as, the income-tax clearance certificate is required before a property is registered. The case of the petitioner is that there were two separate agreements for consideration of Rs. 20,00,000 each between the parties relating to the property mentioned in the schedule. The petitioner as well as the seller made an application on 11-9-1998 in two Form 37-I under Chapter XX-C before the Appropriate Authority one each in respect of the two agreements for Rs. 20,00,000 relating to the schedule in the agreement. The necessary certificate was issued on 15-10-1998 by the Appropriate Authority under Section 230A of the Ac...

Bharath Gold Mines Ltd. by Its Managing Director Vs. the Industrial Cr ...

Court: Karnataka

Reported in: 2009(6)AIRKarR477

ORDERB.V. Nagarathna, J.1. This company petition has been registered pursuant to an order dated 12.6.2000 passed by the Board of Industrial Financial Reconstruction ('BIFR', for the sake of brevity) vide reference No. 505/1992 dated 30.6.2000. Pursuant to the opinion of the BIFR that Bharath Gold Mines Limited ('BGML', for the sake of brevity) ought to be wound up, reference was made to this Court to consider the winding up of BGML in accordance with law.2. In this application the applicant-BGML has sought permission to implement the proposal of the Union of India dated 7.8.2006, pursuant to the Division Bench Judgment in W.A. No. 1747-1757/2001 dated 26.9.2003 and particularly the documents pertaining to global bid which have been filed in two volumes.Factuat, Matrix:3. BGML, which is a government company, wholly-owned by Government of India, was incorporated in the year 1972 and the main object of the company is to extract gold in Kolar Gold Fields (KGF) and surrounding areas. Origin...

Sri Sri Sri Madhusudanandapuri Swamiji, Matadhipathi and Peetadhikari ...

Court: Karnataka

ORDERL. Narayana Swamy, J.1. The petitioner has challenged the order passed by the Special Deputy Commissioner, Bangalore in LND(DA)CR. 159/2006-07 as per Annexure-L1 seeking to quash the same and further direction to the respondents to consider the application filed by the petitioner as per Annexure-C dated 12/15-5-2000.2. The petitioner submits that he is the Mathadhipathi and Peethadhikari of Omkar Ashrama situated at Srinivasapura, Kengeri Hobli. Bangalore South Taluk. He submits that he was incarnated as a Mathadhipathi of the Ashrama on 9/8/2007. Previous to his incarnation the earlier Swamiji of the Math made an application in the year 2008-09 to the Government of Karnataka for grant of 22 acres of land in Sy. No. 14 of Ganakal village, Kengeri Hobli, Bangalore South Taluk for religious and charitable purpose. Considering his application, the Deputy Commissioner has granted 8 acres of land for a period of 30 years as per the G O No. KA42 LGB 89 dated 12/1/2000. Pursuant to the s...

Unichem Laboratories (P) Ltd., a Company Registered Under the Provisio ...

Court: Karnataka

ORDERV. Jagannathan, J.1. This revision petition by the defendant before the court below involves the question of jurisdiction to entertain the suit filed by the plaintiff in a passing off action. The objection raised by the defendant as regards want of jurisdiction by the trial Court was negatived by the learned Judge by answering the additional issue No. 1 in favour of the plaintiff. This has led to the present revision by the defendant.2. The plaintiff went before the trial Court by contending that the plaintiff has been a reputed manufacturer engaged in the business of manufacture and distribution of various health care products including pharmaceutical products and medicaments and one of its pharmaceutical products is being sold under the trade mark LOSACAR since the month of June 1998 and the said product had enjoyed goodwill of all those concerned in the field and more particularly among the Doctors, Chemists, and the consuming public and within a short time, the said product LO...

S. Jagannathan and anr. Vs. Asstt. Cit and anr.

Court: Karnataka

Aravind Kumar, J.1. This appeal is filed by writ petitioner challenging the order of dismissal passed by the learned Single Judge of this Court in Writ Petn. Nos. 10603-604 of 1999, dated 8-1-2004.2. The facts leading to the filing of the appeal are:The appellants herein were assessed on protective basis by order dated 31-3-1998 and the block assessment order has been passed on 28-8-1998. The said block assessment order having been set aside by the Tribunal, the same is now pending in an appeal before this Court in IT Appeal No. 1029 of 2006. A scheme known as Kar Vivad Samadhan Scheme, 1998 (hereinafter referred to as 'KVSS') came to be introduced by Government of India under which the appellants herein filed a declaration under Section 88 of Finance Act (No. 2) of 1998 on 22-12-1998. The said applications came to be considered by the Commissioner, Karnataka (Central), Bangalore and it was rejected on 19-2-1999 as per Annexs. 'E' and 'J' respectively holding that the assessee would no...

K.P. Bhagyamma W/O S. Linganna Vs. State of Karnataka Rep. by Its Secr ...

Court: Karnataka

Reported in: ILR2009KAR2890; 2009(6)KarLJ402

Ram Mohan Reddy, J.1. The petitioner elected from Palahalli constituency of Srirangapatna Taluk Panchayat, aggrieved by the order dt. 5.8.2006 Annexure-A of the State Election Commission, for short 'Commission', declaring as vacant the seat held by her, has presented this petition in addition to a challenge to the vires of Section 128(2) and 129(2) of The Karnataka Panchayat Raj Act, 1993, for short the 'Act'.2. Facts briefly stated are:The petitioner, an elected member of the Palahaili Gram Panchayat contested the election from the Palahalli constituency of the Srirangapatna Taluk Panchayat, reserved for General (Woman) held on 19.12.2005 and was declared duly elected. In compliance with Section 133 of the Act, the Deputy Commissioner by notification dt. 2.1.2006 published in the Karnataka Gazette dt. 5.1.2006, Annexure-B, declared the results of the candidates. The petitioner tendered on 23.1.2006, her resignation from the membership of the gram panchayat, by a letter in her handwrit...

Elasappa M. Vs. Kolar District Co-operative Central Bank

Court: Karnataka

Reported in: 2009(5)KarLJ441

N. Kumar, J.1. The appellants in both these writ appeals are challenging the order passed by the learned Single Judge declining to entertain the writ petitions on the ground that the appellants have an alternate and efficacious remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959.2. Sri A. Madhusudhana Rao, the learned Counsel for the appellants contended that, the appellants have retired about nearly three years back. Admittedly, till today no disciplinary proceedings are initiated. The amount which they are claiming is the amount statutorily payable to them under the provisions of the Payment of Gratuity Act, 1972 and other provisions of the retirement benefits Act. The proceedings referred to in the endorsement is not a proceedings initiated against these appellants. Under these circumstances, he submits there is nothing to be investigated in a writ petition. When admittedly amounts are due to the appellants and it is not paid, the appellants were justified in a...

Janthakal Enterprises Reptd. by Its G.P.A. Holder Vinod Goel S/O Madan ...

Court: Karnataka

ORDERV.G. Sabhahit, J.1. This petition is filed under Articles 226 and 227 of the Constitution of India seeking for a direction to the respondents to permit the petitioner to lift the dumped material lying in the mining yard situate at Hirakandawadi and Tanigehalli villages of Holalkere Taluk, Chitradurga District, in respect of Mining Lease No. 593/993, by collecting the requisite lee and royalty.2. It is averred in the writ petition that the petitioner was granted mining lease in M.L No. 593/993 situate at Hirekandawadl and Tanigehalli villages of Holalkere Taluk, Chitradurga District; in the year 1965 and since then, by investing huge amount and deploying men and material, the petitioner was carrying on mining activity till 1985. After completion of the lease period, the petitioner filed requisite application on 22.06.1984 seeking renewal of M.L No. 593/993. However, the said application was not considered by the respondents 1 and 2 and wherefore, the petitioner filed W.P. No. 25827...

Sumit Kumar S/O Dr. Lal Bahadur Shah Vs. Rajiv Gandhi University of He ...

Court: Karnataka

Reported in: ILR2009KAR3135; 2009(5)KarLJ228:2009(4)KCCR2465

ORDERMohan Shantanagoudar, J.1. Petitioners have sought for quashing the Notification dated 11.9.2008 bearing Reference No. AUTH/Challenge. Valuation-310/2008-09 issued by the respondent-Rajiv Gandhi University of Health Sciences (hereinafter referred to as 'the University' for short). They have also sought for a direction to the respondent-University to recalculate the marks secured by the petitioners in the challenge valuation of the BDS/MBBS examinations conducted by the respondent-University in January 2009 by applying Notification/Ordinance dated 30th of August 2008 bearing No. AUTH/Challanege Valuation-310/2008-09.2. Petitioners herein are the students of either MBBS course or BDS course studying in respondent -colleges. The said colleges are affiliated to the Rajiv Gandhi University of Health Sciences. The respondent-University has introduced a system in the year 2008 known as the System of Challenge Valuation for the benefit of the students from July-August 2008 examination and...

Roy Rodrigues Rep. by His Power of Attorney Holder, Ramesh V. Shetty S ...

Court: Karnataka

Reported in: 2009(6)KarLJ188

ORDERMohan Shantanagoudar, J.1. Petitioner being the land owner questions the acquisition notification dated 25.11.2005 (i.e., Final Notification) produced at Annexure-'J' to the writ petition by which the petitioner's land bearing Survey No. 225, measuring 2 acres 2 guntas which is left out after acquiring 21 guntas of land in the same survey number situated at Banandur village, Bidadi Hobli, Ramanagaram Taluk, Bangalore District, is acquired by the respondents-authorities. He also seeks the cancellation of allotment of sites made in favour of respondents 3 and 4 carved out of the aforementioned property.2. The records reveal that the preliminary notification under Section 28(1) of the Karnataka Industrial Areas Development Act (hereinafter referred to as 'the KIAD Act' for short) was issued on 15.4.1997, proposing to acquire 2 acres 23 guntas of land in Survey No. 225 belonging to the petitioner along with various other lands. Totally about 1884 acres of land was sought to be acquire...