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Karnataka Court December 2010 Judgments

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Dec 15 2010

The State of Karnataka, Rep. by Principal Secretary to Government, Fin ...

Court: Karnataka

Decided on: Dec-15-2010

Reported in: ILR2010KAR3932.

1. The legality and correctness of the order passed in W.P.No.28125/2002 dt.3.1.2006 is called in question this appeal.2. The facts leading to this case are as were under:The respondent is a dealer registered under the provisions of the Karnataka Sales Tax Act, 1957. The Writ Petition was filed by him challenging Entry 17-A in Part 'C of II schedule of KST Act, 1957, specifying the 'coconut oil sold under the brand name' inserting the same with effect from 1.4.2001 and to quash the insertion of the words 'Coconut oil sold under the brand name in Entry 1 of Part 'E' of the II Schedule to K.S.T. Act, w.e.f. 1.4.2001. The respondent-assesses is a dealer and selling coconut oil apart from dealing with the other products. Prior to the amendment, coconut oil sold by him in sachets or in bottles with a brand name i*y attracting sales tax at 4% in Sl.1 of part-E of the II Schedule of the K.S.T. Act. On account of the amendment, coconut oil sold would attract the higher rate at 15% w.e.f. 1.4.2...


Dec 07 2010

Sri Janardhana Babu, S/O Venkoba Rao. Vs. the State of Karnataka, Rep. ...

Court: Karnataka

Decided on: Dec-07-2010

1. In this writ petition, petitioner is seeking a direction to the State and its authorities to consider his request to mutate his name in the revenue records by removing the name of Bangalore Electricity Supply Company, in the light of the judgment and decree passed by the I Addl. District & Sessions Judge, Bangalore Rural District, in R.A.No.21/2009 disposed of on 01.04.2010.2. It is the case of the petitioner that he had filed O.S No.352/2000 against respondent Nos.1 to 4 herein seeking the relief of declaration and permanent injunction. The said suit was dismissed. Aggrieved by the same, R.A.No.21/2009 was filed by the petitioner before the First Appellate Court. The said appeal came to be allowed by judgment and decree dated 01.04.2010. The court has declared the petitioner as the absolute owner in possession of the suit schedule property. Respondents 1 to 4 herein who were defendants 1 to 4 in the suit have been restrained from interfering with the peaceful possession and enjoyme...


Dec 04 2010

Thimmegowda, S/O. Hutchegowda Vs. Shivaramu, S/O. Lote Eevuregowda,

Court: Karnataka

Decided on: Dec-04-2010

ORDER1. Heard Smt. P. Archana Murthy, learned counsel for the petitioner and perused the writ petition papers.2. Petitioner has filed O.S. 134/05 in the Court of Civil Judge (Jr. Dn.), Maddur, for the relief o': permanent injunction in respect of the plaint schedule property. The respondent has filed written statement and has contested the cl3im of the plaintiff to the suit property. Along with the suit, I.A.I was filed seeking an order of temporary injunction to which the defendant filed statement of objections. The Trial Court by its order dated 23.8.06 has rejected I.A.1 and the ad-interim order passed on 13.7.05 was vacated.3. Said order was questioned in M.A.36/06 on the file of the Civil Judge (Sr. Dn.), Maddur. The appeal was not prosecuted and hence, the same was dismissed for non-prosecution by order dated 21.1.10. An application was filed during the later part of the day to restore the appeal to file. The Court below has passed an order dated 22.1.10 holding that there are no...


Dec 03 2010

Jayaram R.Hegde, Vs. High Court of Karnataka and State of Karnataka,

Court: Karnataka

Decided on: Dec-03-2010

ORDER1. The petitioner is aggrieved by the order passed by R-l on 5.5.2003 (Annexure-K) by which it was declared that the petitioner is deemed to have retired voluntarily on 14.6.2002. The grievance of the petitioner is that, by virtue of the said order, the benefits that he would have got upto the age of 60 years are now deprived.The facts in brief are that the petitioner joined as a Munsiff in Karnataka Judicial Service on 1.8.1980 and, in the course of his judicial career, he was promoted as District Judge on 21.4.1998. In the normal course, he was to retire on 15.4.2003 after attaining the age of superannuation, which is at 58 years.3. The petitioner's willingness was sought for being appointed to the post of the President, District Consumers Forum and pursuant to the said letter of R-l (as per Annexure-B) dated 10.1.2002, the petitioner gave his willingness for being considered for appointment to the post of the President, District Consumer Forum, Bangalore Urban, by his letter da...


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