Karnataka Court October 2011 Judgments
Ajit Kalyan, Bangalore Vs. State of Karnataka and Others
Court: Karnataka
Decided on: Oct-31-2011
(Prayer: This Writ Petition filed under Article-226 of the Constitution of India, praying to quash order passed by the respondent No.2 dated 04.03.2009 in ref.No.ADM-3. LND.50/97-98 vide Annexure-A and the Government Order dated 01.07.2009 in ref No.RD/33/Mu.Aaa.Bi/2007 vide Annexure-J.) VIKRAMAJIT SEN, AG.C.J. 1. This writ petition under Article-226 of the Constitution prays for quashing of Order passed by the Government of Karnataka bearing No. RD/33/Mu.Aaa.Bi/2007, Bangalore dated 01.07.2009, whereby approval had been granted for the sale of 6000 square feet of land belonging to Sri Kadu Malleshwaraswamy Temple, Malleswaram, Bangalore City. The consideration for the sale is a sum of Rs.1,44,00,000/- at the rate of Rs.2,400/- per square feet being the alleged market price. The sale has been sanctioned in favour of the Respondent Sri Sai Mandali, Bangalore. The State Government has purportedly exercised powers under the proviso to Section-62 (3) of the Karnataka Hindu Religious Instit...
Tag this Judgment!Central Council of Indian Medicine, by Its Secretary, New Delhi Vs. Un ...
Court: Karnataka
Decided on: Oct-31-2011
VikramajitSen, Acting Chief Judge. 1. These Appeals assail the Order dated 10.12.2010 passed by the learned Single Judge quashing the rejection of permission to admit the petitioner students to their respective courses for the academic year 2009-10. In other words the Appellant would have us disqualify students who have already pursued studies for over one year. 2. The Appellant is the Central Council of Indian Medicine which avowedly has the statutory functions of making recommendations to the Central Government, inter alia for the grant or withdrawal of permission under Sention-13-A of the Indian Medicine Central Council Act 1970, (‘the Act’ for brevity) for the cancellation of recognisition granted to medical colleges/medical institutions in India, in terms of the fasciculus of Chapter-III of the Act. An objection has been taken at the very threshold as to the maintainability of the Appeal at the hands of the Central Council of Indian Medicine, which is only a recommenda...
Tag this Judgment!The Commissioner of Income-tax, Bangalore and Another Vs. M/S. Namdhar ...
Court: Karnataka
Decided on: Oct-24-2011
(Prayer: This Appeal is filed u/s 260-A of the Income Tax Act, 1961 praying to set aside the order passed by the ITAT, Bangalore in ITA No.3102/Bang/2004 dated 14.07.2006 confirming the order of the Appellate Commissioner and confirm the order passed by the Asst. Commissioner of Income Tax, Circle-12(1), Bangalore.) 1. ITA 75/2007 and ITA 284/2007 arise out of common order dated 14.7.2006 passed by the Tribunal in ITA No.3102/Bang/2004. Before the Tribunal, along with ITA No.3102/Bang/2004, ITA No.1040/Bang/2002 pertaining to M/s Indo American Exports came to be disposed of. ITA No.3102/Bang/2004 pertains to the assessment year 2001-02 in respect of an assessee by name M/s Namdhari Seeds Private Limited. 2. So far as ITA 76/2007, the assessee – M/s Indo American Exports filed return of income claiming the entire amount as agricultural income seeking exemption under Section – 10(1) of the Income Tax Act (‘Act’ for short) for the assessment year 1998-9...
Tag this Judgment!Ramakanth Hebballi, Bangalore Vs. the State of Karnataka and Another
Court: Karnataka
Decided on: Oct-24-2011
(Prayer: This Writ petition is filed under Article 226 and 227 of the Constitution of India, praying to quash the charge sheet dated 23.9.2011 issued by the Managing Director of MSIL, respondent No.2 herein vide Annexure-A as arbitrary, discriminatory without authority of law and violative of Articles 14 and 16 of Constitution of India.) 1. The Petitioner, a General Manager in the Mysore Sales International Ltd. (‘Company’ for short), an undertaking of the Government of Karnataka, has filed this petition to quash a charge sheet, as at Annexure-A, issued by the Managing Director of the Company. 2. Committee on Public Undertakings of the Karnataka Legislature (for short, the ‘Committee’) conducted an enquiry and having found several acts of omissions and commissions attributable to the ‘then Managing Director’ and ‘other Officers’ resulting in the Company suffering huge loss, submitted its report to the Presiding Officers of both the Houses...
Tag this Judgment!Regional Manager New India Assurance Co.Ltd., Bangalore Vs. Vijay Bals ...
Court: Karnataka
Decided on: Oct-24-2011
(Prayer: MFA filed U/S 173(1) of MV Act against the Judgment and award dated 23/11/06 passed in MVC No.2753/2001 on the file of 14th Additional Judge, Court of Small Causes, Member, Mact, Bangalore, partly allowing the claim petition for compensation and seeking enhancement of compensation.) 1. The New India Assurance Co. Ltd. has filed MFA No.4344/2007 challenging the liability saddled on it by the Motor Accidents Claims Tribunal (for short ‘the Tribunal’), Bangalore in MVC No.2753/2001 dated 23-11-2006. MFA No.4901/2008 is filed by the claimants seeking for enhancement of compensation to them. 2. The facts in these two appeals are: One Dinesh was travelling in a Mini Lorry bearing registration No.MH-04/AC-7399 on 21-9-2000 at about 9.45 a.m. when the said vehicle was near K.Holekatte near Bharamasagar on NH 4, on account of rash and negligent driving of the lorry in which Dinesh was travelling dashed against another lorry bearing registration NO.KA-17/7088, as a result of...
Tag this Judgment!National Insurance Co., Ltd. Vs. M. Chinnaswamy and Others
Court: Karnataka
Decided on: Oct-21-2011
( Prayer : This MFA is filed u/s. 30 (1) of WC Act against the order dated 02.03.2007 passed in WCA No.57/03 on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub Division-I, Chickmagalur, awarding a compensation of Rs.1,15,497/- with interest at 12% P.A. This appeal coming on for admission this day, the court delivered the following) Jud 2nd respondent Insurance company in NF.57/2003 on the file of Commissioner for Workmen’s Compensation, Chikmagalur, has come up in this appeal impugning the order passed therein so far as it pertains to taking salary of injury/claimant at Rs.3,000/- pm., and in saddling liability on insurance company to pay interest portion on it. 2. Brief facts leading to this appeal are as under: Claimant before Commissioner was workman in 1st respondent estate. It is not in dispute that 1st respondent estate before Commissioner had taken insurance policy to cover its liability towards its employees working in the said estate. ...
Tag this Judgment!S. Ramesh Vs. Bajaj Allianz General Insurance Co. Ltd.
Court: Karnataka
Decided on: Oct-21-2011
Satyanarayana, J 1. This petition is filed against the judgment dated 24.6.2011, wherein the appeal filed by Insurance Company was allowed and compensation awarded to claimant in MVC No. 15/2005 on the file of MACT, Kollegal, on 27.6.2008 was set aside on the ground that accident has taken place due to negligent act on the part of claimant himself, therefore, he is not entitled to seek compensation. 2. Subsequent to appeal being dismissed, this petition is filed seeking review of said judgment on the ground that even assuming the claimant is not entitled to receive compensation under the head disability, he is entitled to receive compensation under section 140 of Motor Vehicles Act towards no fault liability. In this behalf, Learned Counsel for petitioner relies upon the decision of Apex Court in the matter of ESHWARAPPA VS. C.S. GURUSHANTHAPPA 2010 AIR SCW 4918. 3. After hearing the Counsel for petitioner, Learned Counsel for respondent and also on going through aforesaid judgment it ...
Tag this Judgment!M/S. Parisons Milling Co. Private Ltd Vs. State of Karnataka and Other ...
Court: Karnataka
Decided on: Oct-20-2011
(Prayer: This W.P. is filed under Articles 226 and 227 of the constitution of India with a prayer to call for the records from the Respondents in proceedings in resolution No.8(1) dated 24.7.2010, and quash the resolution No.8(1) dated 24.7.2010 vide Annexure-Z issued by the respondent No.3 as being illegal, arbitrary and without jurisdiction and etc.) 1. In all these four petitions, the facts and questions of law are same. 2. The petitioner in W.P.No.29819/2010 imported 11000 MTS Australian Premium Wheat from Australia. According to the case of the petitioner, the shipment was lodged at Geraldton, Australia on 22.10.06. The consignment arrived at Mangalore Port on 02.11.2006. 3. When the goods were in transit on high seas, 9000 MTS of Australian Premium Wheat in W.P.No.29818/2010 and 2000 MTS of Australian Premium Wheat was sold in two slots to Australia India Pvt. Ltd. The purchaser by producing bill of lading and other documents, got released 9000 MTS of wheat from the Customs Autho...
Tag this Judgment!G. Basavaraj Vs. H.M. Shivappa Patel
Court: Karnataka
Decided on: Oct-20-2011
(This RSA Filed under Section-100 of CPC against the Judgment and Decree Dated 3.11.2009 passed in R.A.No.77/2005 on the File of the Principal District Judge, Shimoga, allowing the appeal and setting aside the Judgment and Decree Dated 29.11.1997 passed in O.S.No.131/1995 on the file of the Prl.Civil Judge (Jr. Dn.) Shimoga.) 1. Even though the appeal is listed for admission, with consent, it is taken for final disposal. 2. The appeal is admitted to consider the following substantial question of law: (i) Whether the judgment and decree of Appellate Court is vitiated for not meeting the reasoning given by Trial Court? (ii) Whether the Appellate Court was justified in awarding interest @ 18% on the decreetal amount in the absence of any contract? 3. The facts necessary for the disposal of this appeal can be summarized as follows: 4. During the course of the judgment parties will be referred to as per their ranking before the Trial Court. 5. The plaintiff files a suit for recovery of Rs.2...
Tag this Judgment!S. Parthasarathi Vs. the General Manager (Admn. and Hrd)
Court: Karnataka
Decided on: Oct-20-2011
(Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to call for the entire records from the respondent pertaining to Annexure -A and direct the respondent to extend the revised pensionary benefits by adding 71% of the Dearness Allowance with effect from 1.4.2003 by duly considering the representation dated 3.12.2008 submitted by the petitioner, the true copy of which is produced and marked as Annexure –B.) 1. The petitioner joined service as II Division Clerk in the then Karnataka Electricity Board on 14.02.1968. He was promoted as Assistant and reported as such to duty on 22.11.1975. He was further promoted to the post of Senior Assistant and reported to duty as such on 01.10.1993. Upon the bifurcation of the Karnataka Electricity Board and establishment of ESCOMs, the petitioner having opted to remain in MESCOM, while working as Senior Assistant in the Divisional Office of MESCOM at Mandya, having completed 35 years, 3 months and 17 days...
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