Karnataka Court September 2009 Judgments

J.P. Chethan S/O G.S. Parameshwarappa Pwd Class I Contractor Vs. the S ...

Court: Karnataka

P.D. Dinakaran, C.J.1. The petitioner in these petitions is a registered civil contractor carrying on civil works of the Government Department and Local Bodies. It is contended that for the purpose of execution of civil works, the petitioner are required to purchase building materials from the private sources. It is further contended that the petitioner does not own any quarries and that they are not liable to pay any royalty to the respondents. However, the respondents are deducting royalty from the bills of the petitioner without authority of law. Hence, these petitions praying not to deduct the royalty from the bills of the petitioner in respect of the materials procured by him from private sources for execution of the civil contract works.2. In similar matters, this Court in G.V. Kumar and Ors. v. State of Karnataka and Ors. in Writ Petitions No. 31264-31266 of 1994 disposed of on 31st October, 1994 has laid down the principles relating to the payment of royalty by the contractors....

M.A. Krishnaiah S/O Annappa, Retired Teacher Vs. State of Karnataka by ...

Court: Karnataka

V.G. Sabhahit, J.1. This appeal is filed by the accused in Sessions Case No. 18/2000 on the file of the Fast Track Court - II, Chikmagalur, being aggrieved by the order dated 27.02.2007, wherein the learned Fast Track Judge has convicted the accused of having committed the offences punishable under Sections 354 and 307 of IPC, and after hearing the appellant herein, has sentenced the accused to undergo simple imprisonment for two years and to pay a fine of Rs. 10,000/- and in default of payment of fine, to undergo simple imprisonment for six months for the offence punishable under Section 354 of the Indian Penal Code and has further sentenced the accused - appellant herein to undergo imprisonment for life i.e., till his death as held by the Hon'ble Supreme Court and to pay a fine of Rs. 2,00,000/- and in default of payment of fine, to undergo simple imprisonment for 10 years for the offence punishable under Section 307 of the IPC. It is further ordered that out of the fine amount of Rs...

Sri P.L. Venkatesh S/O Sri P.V. Lokaiah Vs. Smt. M.G. Parvathi W/O Sri ...

Court: Karnataka

B.V. Nagarathna, J.1. This appeal is filed by the husband who was the petitioner in M.C. No. 110/2001 by challenging the rejection of his petition by judgment and decree, dt. 16.12.2005 passed by the Pit Judge, Family Court at Bangalore.2. The respondent herein had also tiled M.C. No. 1218/2003 under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights, The said petition was also rejected by the said common order, dt. 16.12.2005 against which she preferred M.F.A. No. 5565/2008.3. This appeal arises on account of the appellant herein being aggrieved by the dismissal of his petition under Section 13(1)(a) of the Hindu Marriage Act, seeking the relief of divorce on the ground of cruelty. According to the appellant, he was married to the respondent on 26.08.1998 as per the Hindu customs and rites at Bangalore and that after the marriage, the relationship between the parties were cordial and harmonious for a period of 1 1/2 years. That out of their wed-lock a chi...

The Commissioner of Income-tax and the Asst. Commissioner of Income-ta ...

Court: Karnataka

D.V. Shylendra Kumar, J.1. This appeal is by the Revenue against the order dated 2.3.2006 passed by the ITAT in ITA. No. 1500/Bang/2004 for examining the following substantial question of law:Whether the Tribunal was correct in reverting the finding of the Assessing Officer who held that the bad and doubtful debts is not for meeting and ascertaining liability and was therefore required to be added back under Clause (c) of the explanation to Section 115JB(2) of the Act for the purpose of computing Book profit.2. Smt. Vani and Sri. Lava, learned Counsel for the respondent - assessee, who had been directed to take notice for the respondent, have already caused appearance for the very respondent in the connected appeal in ITA. No. 1324/06 and have entered appearance in this appeal also.3. We have heard Sri, Aravind, learned Standing Counsel for the Income Tax Department and Sri. Lava, learned Counsel appearing for the respondent-assessee.4. Both the learned Standing Counsel for the Revenue...

Smt. (Dr.) Smitha W/O Shri Sathyajith Vs. Shri Sathyajith S/O Sri A.C. ...

Court: Karnataka

B.V. Nagarathna, J.1. This appeal is filed by the wife challenging the Judgment and Decree dated 15.4.2008 passed in M.C. No. 699/2005 by the III Addl. Judge, Family Court, Bangalore by which the marriage solemnized between the parties on 4.8.2003 at Bangalore is dissolved by a decree of divorce and a sum of Rs. 20,000/-p.m has been ordered towards interim maintenance from the date of petition till the date of decree along with litigation expenses of Rs. 10,000/-.2. After condoning the delay in filing the appeal, though this matter was posted for orders on I.A No. II/2008, both the parties were directed to appear before the court to explore the possibility of a settlement. However, on 5.1.2009 the counsel for the respondent filed a photo copy of the certificate of registration of marriage of the respondent with one Smt. Vyshali M. Ashok which was registered on 27.6.2008. On the subsequent dates when the parties appeared, this Court directed the parties to settle the dispute amicably by...

Arasikere Taluk Primary Co-operative Agricultural and Rural Developmen ...

Court: Karnataka

ORDERAravind Kumar, J.1. Both these petitions are filed seeking reliefs claiming interalia therein namely the petitioner in W.P.4653/2007 i.e., Arasikere Primary Co-operative Agricultural and Rural Development Bank limited (hereinafter referred to as the 'bank' for the sake of brevity ) calling in question the order dated 31-7-2006 which is at Annexure 'Q' passed by the Common Cadre Committee (hereinafter referred to as the 'CCC' for the sake of brevity) and the order dated 13-12-2006 which is at Annexure 'S' passed by the CCC directing the Bank to pay salary to 3rd respondent for the period 23-4-1997 to 10-10-1997 and the order directing the bank to pay the said amount immediately.2. W.P. No. 19958/2007 is filed by the employee against the CCC and the District Manager, Karnataka State Agricultural and Rural Development Bank (hereinafter referred to as the 'federal society' for the sake of brevity) seeking relief of a mandamus to the respondents to pay the arrears of salary in accordan...

Manjushri Construction Company Rep. by Its Managing Partner, H. Dayana ...

Court: Karnataka

P.D. Dinakaran, C.J.1. The petitioner in these petitions is a registered civil contractor carrying on civil works of the Government Department and Local Bodies. It is contended that for the purpose of execution of civil works, the petitioner are required to purchase building materials from the private sources. It is further contended that the petitioner does not own any quarries and that they are not liable to pay any royalty to the respondents. However, the respondents are deducting royalty from the bills of the petitioner without authority of law. Hence, these petitions praying not to deduct the royalty from the bills of the petitioner in respect of the materials procured by him from private sources for execution of the civil contract works.2. In similar matters, this Court in G.V. Kumar and Ors. v. State of Karnataka and Ors. in Writ Petitions No. 31264-31266 of 1994 disposed of on 31st October, 1994 has laid down the principles relating to the payment of royalty by the contractors....

V. Dhayalan. Vs. Muniswamy and anr.

Court: Karnataka

Reported in: 2010(2)KCCR864; ILR2009KAR4527

(This Regular First Appeal is filed under Sec.96 of CPC against the judgment and decree dated 31.10.2007 in OS.No.370/1999 on the file of the XVII Addl. City Civil Judge, Bangalore City, etc.)1. This appeal is directed against the judgment and decree in O.S.No.370/1999 dated 31.10.2007 on the file of the 17th Additional City Civil Judge, Bangalore City. The appellant was the plaintiff in the said suit and the respondents were the defendants. For the sake of convenience, the parties are referred to by their respective ranking before the trial Court.2. The subject matter of the suit is a site bearing No.39 formed in Sy.No.48/1, Haralakunte Hosapalya, Begur Hobli, Bangalore South Taluk (presently No.39, 3rd Cross, Maramma Beedi, Hosapalya, Madivala Post, Bangalore) measuring east to west 30 ft, and north to south 40 ft bounded on the east by site No.40, west by site No.38, north by 3rd cross road (25 ft. wide) and south by private property (hereinafter referred to as the schedule property...

Sri. Jayaprakash Shetty Son of Sri Gopala Shetty Vs. the Union of Indi ...

Court: Karnataka

ORDERAravind Kumar, J.1. 2nd respondent Bank introduced a Scheme called 'Vijaya Bank (employees) Voluntary Retirement Scheme, 2000 as per Circular No. 231/2000 dated 23-11-2000 which is produced at Annexure-'A'. Petitioner No. 8 who was working as clerical staff in second respondent Bank, submitted an application for voluntary retirement on 29-12-2000 which came to be accepted by the bank on 28-2-2001. Thereafterwards the petitioner by letter/communication dated 9-4-2001 sought for withdrawal of the application submitted for voluntary retirement. However, the respondents had already accepted the application for voluntary retirement submitted by the petitioner on 29-12-2000 and intended to relieve the 8th petitioner on 30-4-2001. The fact remains that on 28-2-2001 an endorsement came to be issued to the 8th petitioner informing him that his application for voluntary retirement has been accepted and that he would be relieved of the services of the bank on 30-4-2001 and it is against this...

Sri. K.P. Champakadhamaswamy, Son of Late K.S. Puttaswamy Vs. State of ...

Court: Karnataka

ORDERAnand Byrareddy, J.1. Heard the counsel for the parties.2. The facts of the case are as follows:The petitioner is an employee of Karnataka Power Transmission Corporation Limited (hereinafter referred to as the 'KPTCL' for brevity) and is said to be the Executive Director of the KPTCL Employees Co-operative Society. Certain members of the Society are said to have filed a complaint before the Registrar of Co-operative Societies alleging acts of omission and commission by the petitioner, relating to the affairs of the society - in the formation of residential layouts in and around the city of Bangalore. The Registrar, in turn, had ordered an enquiry as on 28.10.2006 under Section 64 of the Karnataka Co-operative Societies Act, 1959 (Hereinafter called the 'KCS Act', for brevity), a Deputy Registrar was appointed as the enquiry officer. After a detailed enquiry a report was submitted absolving the petitioner and other office-bearers of any irregularity.Complaints were also said to hav...