Karnataka Court March 2010 Judgments

In Re: Sasken Communication Technologies Ltd.

Court: Karnataka

Reported in: [2010]155CompCas463(Kar)

ORDER(i) The scheme of arrangement--annexure A proposed by the petitioner-company is hereby sanctioned subject to the modification as per the undertaking of the petitioner-company in their affidavits dated February 22, 2010 and February 25, 2010, with effect from today and the same is binding on the petitioner-company and its shareholders.(ii) The petitioner-company is directed to serve a copy of this order on the Registrar of Companies, State of Karnataka, within 30 days from the date of receipt of copy of this order.(iii) Registry is directed to draw up a decree in Form No. 42.(iv) Ordered accordingly....

M/S Bpl Engineering Ltd., Vs. Vns Industries Pvt. Ltd.

Court: Karnataka

Reported in: ILR2010KAR3505

ORDER1. The petitioner - judgment debtor has assailed the order-dated 22.7.2008 in Execution Case No.48/2007 on the file of Prl. District Judge. Bangalore Rural District, Bangalore.2. After filing of the writ petition, petitioner filed an application under Order VI Rule 1 7 of CPC for amendment of the petition seeking quashing of the order dated 12.12.2008 produced at Annexure-H wherein the Executing Court has issued an arrest warrant against the Directors.3. By the impugned order al Annexure-D, the Executing Court has rejected the objections raised by the judgment debtor against the order of attachment of movables of the judgment debtor on the ground that, no material is produced as regard to the alleged proceedings pending in Reference Case No.21/2007 stated to be pending before the B.I.F.R. Thereafter, the Executing Court on failure of the judgment debtor to furnish the details of the assets under Order XXI Rule 41 of CPC, passed an order for issue of arrest warrant against. Sri.M.V...

Sri Haridas Naik S/O Chandranaik, Forest Watcher Hosakere Section and ...

Court: Karnataka

ORDERArali Nagaraj, J.1. The petitioner Nos. 1 to 11 herein have challenged in this petition the correctness of the order dated 24.10.2009 passed in C.C .No. 379/2009. (PCR No. 19/2009) by the learned Civil Judge (Jr. Dn.) & JMFC. Jagalur (hereinafter referred to as 'Trial Court' for short), issuing process against these petitioners for the offences under Sections 143, 147, 148, 323, 324, 504 and 506 R/W Section 149 of IPC.2. Though this matter is listed today for admission, having regard to the nature of the impugned order and the relief sought for it is taken for final disposal and the arguments of Sri Hanumanthappa the learned Counsel for the petitioners and Sri Vijayakumar Majage, the learned HCGP are heard. The impugned order and also the averments in the complaint filed by the respondent Nos. 1 and 2 herein are perused.3. Stated in brief the facts leading to the present petition are as under:(a) Respondent Nos. 1 and 2 herein filed their joint complaint under Section 200 Cr.P.C. ...

Moula S/O. Abdul Hameed Vs. State of Karnataka by Whitefield Police

Court: Karnataka

ORDERThe appeal is allowed in part confirming the conviction of the appellant for the offence under Section 439(c) IPC. The sentence is modified and the imprisonment is reduced to simple imprisonment for six months and the fine as ordered by the Trial Court is confirmed. The counsel submits that the fine is already deposited. In the circumstances, the Trial Court is directed to secure the presence of the accused to undergo the sentence. The appellant is entitled to the benefit of set off under Section 428 Cr.P.C. The appeal is accordingly disposed of....

Smt. Gowramma W/O. Late T.M. Chandrashekar Vs. the Managing Director, ...

Court: Karnataka

N.K. Patil, J.1. Admit.2. Though, this matter is in (sic) a list, it is taken up for final disposal with consent of learned Counsel for both parties.3. This is a claimant's appeal directed against the impugned judgment and award dated 12th October. 2004 passed in MVC No. 2883/1999 on the file of the Motor Accident-Claims Tribunal (SCCH-2). Bangalore, (tribunal for short) by which the Tribunal has awarded a compensation of Rs. 1,56.000/- with interest at the rate of 7% per annum on account: of the death of deceased T.C. Manjunath in the road traffic accident. Being aggrieved by the quantum of compensation awarded by the Tribunal the appellant has presented this appeal. seeking enhancement of compensation.4. The brief facts of the case are:The appellant is none other than the mother of the deceased T.C. Manjunath, who died in the road traffic accident that occurred on 04.06.1999 at about 505 p.m. when the deceased was proceeding in a car bearing registration No. CAO/8163 from Chikkaballa...

Sri N. John S/O Late Narayana @ Nathenical, Vs. India Evangelical, Lut ...

Court: Karnataka

V. Jagannathan, J.1. This appeal is disposed of after hearing both sides finally.2. The appellants are the plaintiffs in the trial court and they are aggrieved by the I.A. filed by them being rejected and the said I.A was filed for staying the operation and execution of the expulsion order dated 1.6.2009 passed by the Ist defendant India Evangelical Lutheran Church (IELC).3. Learned Counsel for the appellant submits that the appellants were expelled from the IELC by the defendants without giving an opportunity to the appellants to make their say and no notice was given to the appellants before the impugned order of expulsion was passed by the Ist defendant. Therefore, the trial court was in error in refusing to grant stay of the expulsion order.4. On the other hand, submission of the learned Counsel for the respondents is that there is an appeal provision as per the bye laws of IELC and the plaintiffs without having taken recourse to the said remedy, have approached the trial court and...

Sri. Dodda Siddaiah S/O Pallari Siddaiah Repted. by Its Spa Holder Sri ...

Court: Karnataka

L. Narayana Swamy, J.1. This appeal is filed against the Judgment and decree passed in R.A. No. 83/2006 on the file of the Fast Tract-1 at Chikkaruagalur dated 02.09.2006 reversing the degree passed in O.S. No. 302/1996 Addl. Civil Judge (Jr.Divn.) Chikmagalur. The trial Court in its Judgment dated 03.12.2001 decreed the suit for declaration and injunction.2. The plaintiff is appellant herein who made prayer for declaration, declaring the sale deed alleged to have been executed in favour of the respondent is null and void and the same is not binding on the plaintiff. Secondly, he sought for permanent injunction, restraining the defendant.3. The plaintiff has taken contention in the suit that, the land measuring 1 acre 38 gunta in Sy. No. 471 situated in Kuruvangi village Chikmagalur Taluk and District was granted on 09.05.1961 The grant in favour of the plaintiff was conditional grant for the purpose of invoking provisions of the PTCL Act. The defendant has taken contention that the pl...

Shamlal S/O. Nemichand Vs. the Managing Director, B.M.T.C.

Court: Karnataka

N.K. Patil, J.1. Admit.2. This is a claimant's appeal directed against the impugned judgment and award dated 9.06.05 passed in MVC No. 2286/02 on the file of the MACT, Bangalore. The Tribunal by the impugned judgment and award awarded compensation of Rs. 4,07,000/- with interest at 7% as against the claim of the appellant for Rs. 5,00,000/- for the injuries sustained by him in the road traffic accident. Being aggrieved by the inadequacy of compensation awarded, appellant has preferred the instant appeal seeking enhancement of compensation.3. Brief facts of the case are that the appellant claims to be aged about 20 years and working as a salesman getting salary of more than Rs. 3,000/- p.m. He was hale and health prior to the accident. When things stood thus, on 29.03.02 at 4.00 p.m. when the appellant was riding the motorcycle bearing registration No.KA-2-W-9362 along with his friend one Ashok Kumar from Kadirenahalli to Yelachenahalli following the traffic rules travelling from West t...

Shri V.P. Varadaraju S/O. Late Pillanna Vs. Shri. M. Krishna and

Court: Karnataka

Aravind Kumar, J.1. Though this matter is listed for admission, by consent of learned Counsel for the parties, the matter is taken up for final disposal and since the matter is of the year 2007 and also that the LCR having been secured.2. The appellant not being satisfied with the judgment and award passed in MVC No. 4158/2006 dated 4.4.2007 by MACT, Bangalore, is in appeal seeking enhancement of compensation.3. The facts in nut-shell are as follows:On 7.6.2006 at about 2 p.m., when the claimant was standing on Hoskote-Malur Road, near Devanagundi Cross, a lorry bearing registration No. KA-07-4291 driven in a rash and negligent manner dashed agaisnt the claimant due to which he is said to have sustained grievous injuries. On account of the injuries sustained in the said accident a claim petition in MVC No. 4158/2006 under Section 166 of IMV Act, 1988, came to be filed seeking compensation of Rs. 5,00,000/-. On service of notice, nd respondent insurance company appeared and contested th...

The Commissioner of Income Tax and Vs. M.L. Suhas Prop. Surya Securiti ...

Court: Karnataka

B.V. Nagarathna, J.1. The revenue has preferred this appeal by challenging the order dated 3.2.2005 passed in ITA No. 2391/Bang/2004 raising the following substantial questions of law;1. Whether the Tribunal was correct in holding that a sum of Rs. 30,46,725/- cannot be treated as commission income derived by the assessee in respect of share transactions transacted by the assessee with third parties amounting to Rs. 507,78,76,311/- on an estimate basis @ 0.06% as was being adopted in the said trade despite the assessee failing to furnish the names and addresses of the various persons with whom such share transactions took place for verification?2. Whether the Tribunal was correct in directing deletion of Rs. 30,46,725/- on mere conjectures and surmises without basing its finding on any cogent evidence and consequently recorded a perverse finding when the Assessing Officer had categorically held that 99.99% of the transactions dealt with by the assessee was speculative in nature?3. Whet...