Karnataka Court April 2010 Judgments

Renuka and Others Vs. United India Insurance Co.Ltd., Rep. by Regional ...

Court: Karnataka

Reported in: ILR2010KAR3207

1. This appeal by the claimants is directed against the impugned common judgment and award dated 26th August 2004. passed in M.V.C.No.2996/1998. by the Member. Principal Motor Accident Claims Tribunal. & Chief Judge. Court of Small Causes. Bangalore (SCCH 1). (for short. Tribunal' ) for enhancement of compensation, on the ground that, the compensation of Rs.8,40.000/- with 6% interest, awarded in favour of the claimants as against their claim for Rs.28.00 lakhs, is inadequate.2. The appellant No.1 is the wife, appellant No.2 is the son and appellant Nos. 3 and 4 are the parents of deceased Late Sri. D.R. Narasimha Murthy. They filed the claim petition under Section 166 of the Motor Vehicles Act. contending that during midnight, on 04-05-1998. when the deceased was travelling in the Car driven by one P. Murugesh, towards Kunigal side on B.M. Road, Mallaghatta village, within the jurisdiction of Kunigal Police Station, slowly and cautiously, observing all traffic norms, at that time, a T...

Nafiza Sultana Vs. the Secretary, R.T.A. and Another.

Court: Karnataka

Reported in: ILR2010KAR3123

ORDER1. This writ petition is placed before this bench in pursuance of the Order dated 10.12.2009 passed by the Hon'ble Chief Justice on a reference by the learned single Judge.FACTUAL MATRIX:2. Smt. Naliza Sulthan. the petitioner is the holder of stage carnage permit bearing No.P.ST.P. No.37/98-99 on the route Thoralakki-Bangalore. granted under the provisions of the Motor Vehicles Act. 1988 [for short hereinafter referred to as "the M.V. Act"| by the Regional Transport Authority. Bangalore Rural District. The petitioner was not owning any vehicle on the date of the grant of permit. Therefore, she sought for coverage of the aforesaid permit by the vehicle bearing No.TN 49 E-0580 owned by the 2' respondent. The said request was granted vide proceedings dated 05.07.2004 of the 1st respondent/Government. The petitioner had obtained the policy of insurance in respect of the aforesaid vehicle and also payed tax due as and when ii became payable under the provisions of the Karnataka Motor V...

P.C. Mohan and Another Vs. the State of Karnataka, by Its Principal Se ...

Court: Karnataka

Reported in: ILR2010KAR3917

ORDER1. W.P.Nos.34813 and 35163 - 164/2009 pertain to suppression of Grain Merchants Co-operative Bank. Writ Petition Nos. 28148 and 28156/2009 pertain to superssion of Kannika Parameshwari Co-operative Bank. The above writ petitions involve common question of law and fact. Hence, heard together for common disposal.2. The Reserve Bank of India (RBI) conducted periodical inspection of Grain Merchants Co-operative Bank and Kannika Parameshwari Co-operative Bank for the period ending with March 31st 2009. In the course of inspection, serious financial irregularities like grant of (l) loan to the relatives of the directors, (2) loan without proper securities, (3) loan to the fictitious persons and (4) misapplications of one time settlement scheme to the loan accounts not covered under the Schemes.3. The RBI sent a copy of the inspection report granting four months time to the above Co-operative Banks to rectify the defects and to offer explanation for mis- fisiciance and mal-fisiciance. Th...

Karnataka Housing Board Employees' Union, Rep. by Its Secretary and An ...

Court: Karnataka

Reported in: ILR2010KAR3259

ORDER1. Petitioners herein are the Union of the Housing Board employees and one Officer - Assistant Executive Engineer of the Housing Board. Assailing the order of the government, he has sought for quashing the OM 131/2005-06 at annexure H, issued by the 1" respondent and has also sought for a direction to the respondent Board to repatriate the services u 1 the 3 respondent to his parent Department.The 1 petitioner is a registered Union and is represented by its Secretary is the 2' petitioner is an employee of the Board. According to them, under the Karnataka Housing Board Act, Rules have been framed viz. the Karnataka Housing Board (Recruitment & Conditions of Service) Rules. 1993. The recruitment lo various Boards are governed by the 1993 Rules. The government by order dated 24.2.2003 ordered absorption of the employees of public sector undertakings who are on deputation in other public sector undertakings/Boards (except in government departments).2. According to the petitioners. Mys...

The Chief Commissioner Large Tax Payers Unit Vs. Tnt India Pvt. Ltd.

Court: Karnataka

B.V. Nagarathna, J.1. The revenue has preferred this appeal by challenging the order dated 28.11.2006 passed in Final Order No. 1947/2006 by CESTAT at Bangalore.2. The facts leading to the filing of this appeal are that the respondent which is a company engaged in Door-to-Door International Courier Service had sought a clarification from the office of the Commissioner of Service Tax by its letters dated 20.3.2002 and 8.10.2004 regarding leviability of service tax in respect of Door-to-Door International Courier Service. The then Commissioner took a view that the said service did not constitute a taxable service and accordingly, a communication was issued to the respondent on 23.12.2004. Subsequently, it was found by the Department that the said communication was contrary to the Board's Circular F. No. 341/43/96-TRU dated 31.10.1996 and therefore, a letter C. No. IV/16/38/2005 ST.Tech dated 9.1.2006 was issued informing that the clarification issued in letter dated 23.12.2004 was contra...

Reserve Bank of India a Statutory Corporation Established Under the Re ...

Court: Karnataka

ORDERMohan Shantanagoudar, J.1. Company Petition No. 102/2002 is filed by Reserve Bank of India (hereinafter referred to as 'the RBI' for short) under Section 45 of the Reserve Bank of India Act, 1934 read with Section 433 of the Companies Act, 1956, praying for winding up of Tulunadu Finance & Developments Ltd., Company.Company Petition No. 215/2003 is filed by Tulunadu Finance & Developments Ltd., (hereinafter referred to as 'the Company' for short) under Sections 391 to 393 r/w. Section 394A of the Companies Act, 1956, praying for sanctioning of the scheme of compromise and arrangement so as to be binding on the Company, its equity shareholders, creditors viz., debenture holders and its deposit holders.2. Tulunadu Finance & Developments Ltd., (the Company) was incorporated on 2nd February 1985 under the provisions of Companies Act, 1956. The Company filed an application under Section 45-IA of the Reserve Bank of India Act, 1934 (hereinafter referred to as ' the RBI Act' for short) d...

The State of Karnataka, Rep. by Its Secretary, Finance Department Vs. ...

Court: Karnataka

Reported in: ILR2010KAR3496

ORDER1. The revenue has come up in this Revision Petition being aggrieved by the order passed by the Karnataka Appellate Tribunal in S.T.A.Nos. 1706/2004 and S.T.A.NO.39/2005 dt 29.3.2007 raising the following substantial questions of law:i) Whether the term and meaning extended territorial jurisdiction or territorial jurisdiction which is recognized by international law can be considered while interpreting the Provisions of Sales Tax Act and if so to what extent?ii) Whether in view of the facts and circumstances of this case, the absence of importer is an essential meaning of the word "6x0011"?iii) Whether M/s. Air India Limited is a foreign company' or a tlomesuc company?iv) Whether in view of the facts and circumstances2. We have heard the learned counsel for the3. Before considering the arguments advanced by whether the Tribunal is right in allowing the appeal by holding that there is an export. The learned counsel appearing for both the parties, we feel it appropriate to narrate t...

Official Liquidator of Canbay Polyfilms Ltd. (In Liquidation) Vs. M.V. ...

Court: Karnataka

Reported in: [2010]156CompCas229(Kar)

Subhash B. Adi, J.1. This company application is filed by the official liquidator under Section 454(5) and (5A) of the Companies Act, 1956, read with Rule 132 of the Companies (Court) Rules, 1959 (hereinafter referred to as 'the Act and Rules'), inter alia, for taking cognisance of the offence committed by the accused in not complying with the requirement of provision of Section 454 of the Act and to try them for the aforesaid offence, in accordance with the procedure laid down in the Code of Criminal Procedure, 1908 and punish them accordingly.2. The case of the official liquidator is that the M/s. Canbay Polyfilms Ltd., was ordered to be wound up by order dated April 17, 2002, in a Company Petition No. 130 of 1999 and the official liquidator attached to this Court was appointed as liquidator of the company under Section 449 of the Act. Respondents Nos. 1 to 5 were the directors of the company as on the dates of winding up order and the respondents despite after giving notice as conte...

Sri Gopalakrishna Moolya S/O Poovappa Moolya and ors. Vs. the Secretar ...

Court: Karnataka

ORDERH.N. Nagamohan Das, J.1. In these writ petitions the petitioners have prayed for a writ in the nature of certiorari to quash the orders passed by the Karnataka State 'Transport Appellate Tribunal, Bangalore (for short 'Tribunal') and the details are as under:----------------------------------------------------------------------W.P. No. IMPUGNED ...

The Commissioner of Income Tax (international Taxation) and Another Vs ...

Court: Karnataka

Reported in: ILR2010KAR3703

1. These appeals ore preferred by the Revenue challenging the legality and correctness of the order passed by the Income Tax Appellate Tribunal, Bangalore. The Tribunal has passed a common order in I.T.A.Nos. 1526 to 1531 /Bang/2002. 209 and 1482/Bang/2003. The Revenue has raised the following substantial questions of law.i) Whether the Tribunal was correct in holding that the Assessee is entitled to create a separate "Development Fund" and transfer part of his earnings to the same and treat it as exempt from tax on the ground that it is being used for past and future training without basing such a conclusion on any cogent evidence and especially when ovular expenses are already claimed and allowed in favour of the Assessee?ii) Whether the Tribunal was correct in holding that 50% of the expenditure of Rs.28,50,000/- incurred for training in tennis by the assessee during incipiency for the years 1989-90 to 1993-94 can be claimed as a reveries expense by amortization for 10 subsequent ye...