Karnataka Court February 2011 Judgments
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M/S Bola Raghavendra Kamath and Sons. Vs. Commissioner of Commercial T ...
Court: Karnataka
Decided on: Feb-02-2011
1. Petitioner has sought for quashing the endorsement dated 26.9.2009 - annexure R and to declare that the petitioner is entitled for refund of sales tax as per Government Order dated 28.8.1993 and. to direct the respondent to refund the sales tax to the petitioner pursuant to the applications tiled at annexure:: C and D.2. Petitioner is an industry engaged in the manufacture, sale and export of cashew kernels. Petitioner is also registered under the Karnataka Sales Tax Act and the Central Sales Tax Act. With a view to promote and encourage exports from the Slate, Government by its order dated 28.8.1993 granted incentives to the existing as well as new export oriented .'this. According to the petitioner, as per annexure A. incentive of refund of sales tax was provided to all export oriented units. Petitioner, to avail 'he benefit of the Government Order at annexure A. approached the respondent authority. The same has been turned down, interpreting the intent of the new government polic...
The Management of K.S.R.T.C. Vs. Sri V. Janardhan S/O Sri Venkataranga ...
Court: Karnataka
Decided on: Feb-02-2011
1. In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash tire order dated 5.6.2009 in Ref.No.56/2006 passed by the Labour Court at Bangalore.2. Respondent was working as Helper-B in petitioner's corporation. On 20.8.1997 articles of charges were issued to the respondent stating that he has falsely claimed a sum of Rs.2,720/-by producing bogus medical bills. Since the explanation of the respondent was not satisfactory, enquiry was held and on 13.9.2001 an order of dismissal came to be passed. Aggrieved by this order of dismissal respondent filed a statutory appeal and the same came to be dismissed. Thereafter, the respondent approached the Labour Court by way of reference under Section 10(1 )(c) of the Industrial Disputes Act, 1947. In addition to the points of reference, the labour Court framed an additional issue relating to domestic enquiry. Before the Labour Court respondent conceded the fairness of domestic enquiry. Accordingly the labour C...
Smt. B M. Vishalakshi W/O Sri B Malleshappa, and anr. Vs. State Df Kar ...
Court: Karnataka
Decided on: Feb-02-2011
1. The petitioners are before this Court seeking to declare that, the seizure of the sand by respondent Nos. 3, 4 and 5 is illegal and without authority of law. The petitioners have also sought for a direction to the respondents to issue mineral despatch permits for transporting the sand from the schedule property to the destination of the buyers.2. The ease of the petitioners is that the petitioners are the lessees in respect of quarrying moulding sand in ML. No.2055 for a period of twenty years from 20-11 1987 on the extent measuring 32 acres in Nelwagalu village, Kanebennur Taluk and has made an application for renewal in compliance of the equirement and as such there is deemed renewal under Rule 24-A(6) of Mineral Concession Rules. The first petitioner accordingly contends that sire has thereafter quarried and transported the sand as per the terms of lease and also the legal requirement. The first petitioner has however stored die sand in the land bearing Sy. Nos.32 and 506 which i...
Mr D Shankar. Vs. Smt PankajammA.
Court: Karnataka
Decided on: Feb-02-2011
1. The plaintiff in O.S.No. 1648/2002. aggrieved by the order dated 27.10.2009 of the 11th Addl. City Civil Judge, Bangalore, allowing defendant's LA.No.3 under Section 34 of the Karnataka Stamp Act directing the plaintiff to pay deficit stamp duty and penalty on Exhibit 'PI' , has presented this petition. 2. Having regard to Sections 33 to 38 of the Karnataka Stamp Act, 1957. the Trial Court while marking as Ex.P. 1 the agreement of sale, made a calculation as to the amount of deficit stamp duty and penalty to be paid on the said document and directed the plaintiff to pay the same, nevertheless plaintiff deposited part sum of money and not the entire amount following which the defendant filed I.A.No.3 under Section 34 of the Stamp Act to direct the plaintiff to pay the balance of the amount towards duty and penalty. That application was opposed by filing Statement of objections contending that the calculation over the duty and penalty made by the office was not correct and that the sa...
Sri U.Girish. S/O S.Chandrashekar, and anr. Vs. the Joint Commissioner ...
Court: Karnataka
Decided on: Feb-02-2011
1. In this writ petition, petitioners are seeking a direction to a respondent No.2 - Deputy Commissioner of Police. Bangalore North, to consider the complaint filed on 10.08.2010 vide Annexure-F and to lake appropriate action against respondent Nos.5 & 6 herein and also to give police protection to the petitioners.2. It is the case of the petitioners that they have obtained a judgment and decree in O.S.No.6975/2008 against respondents 5 & 6 on 29.07.2009 restraining them from interfering with their lawful possession and enjoyment of the property bearing No. 16 formed in Sy. Nos.162 & 163 of Laggere village. Yeshwanthpur Hobli, Bangalore North Taluk. Their contention is that on 10.08.2010 at about 10 a.m. when Smt. Jayalakshnu - petitioner No.2 was alone in the house, respondent No.6 along with her supporters broke opened the lock and unlawfully entered into the house falsely claiming that they are the members of Mahila Sangharhane. After entering into the house, they bolted the door fr...
Sri U.K.Basavaraju, S/O Late Sri Kalappa, and anr. Vs. the Deputy Comm ...
Court: Karnataka
Decided on: Feb-02-2011
1. These writ petitions are filed by the petitioners challenging the Notification dated 27.08.2010 issued by the Deputy Commissioner. Davangere District. Davangere, calling for application for grant of Additional Fair Price Depots at Kariganoor Village in Chennagiri Taluk of Davangere District.2. The case of the Is1 petitioner is that he is holding authorisation to distribute food grains and kerosene oil and has been discharging his duties as such at Kariganoor since 1994-95. The 2''d petitioner claims that, he is holding authorisation to distribute kerosene oil and has been discharging his duties as such at Kariganoor since 1986 87. According lo the petitioners, the total number of cards allotted in favour of the 1st petitioner was 306. out of which, 9 cards were surrendered on the ground of issuance of double cards, thereby reducing the total number of cards to 297. which is less than the minimum number prescribed under Clause 1 of the Karnataka Essential Commodities (Public Distribu...
K.M. Prabhakar Vs. State of Karnataka
Court: Karnataka Dharwad
Decided on: Feb-02-2011
ANAND BYRAREDDY, J: 1. Heard the learned Counsel for the appellant and the leaned Counsel appearing for the respondent. 2. These appeals are preferred in respect of the same judgment. The appeal in 454/2004 is filed by the accused challenging the order of conviction insofar as offence under Section 13(1)(d) punishable under Section 13(2) is concerned, whereas the appeal in 1283/2008 is filed, by the respondent in the first of these appeals, challenging the acquittal of the accused under Section 7 of the Prevention of Corruption Act, 1988. 3. The brief facts of the case are as follows: It is stated that the complainant, one Dattatreya Someshwara Hegde and his family own 17 acres of land bearing survey Nos.110, 111, 91 and 92 in Mavinakoppa and Sannikere villages. The complainant and his elder brother were cultivating the land and taking care of the affairs pertaining thereto. The complainant is said to be a graduate in Arts. In an area of 8 acres, the complainant and his family have gro...
M.Venkatesh S/O MarappA. Vs. C.Kamalamma W/O Madaiah, and anr.
Court: Karnataka
Decided on: Feb-01-2011
1. This is a claimant's appeal for enhancement of compensation.2. I have heard Sri A.Sreenivasaiah, learned counsel for claimant and Sri D.Maujunath, learned counsel for Insurance Company.3. As a result of accident, claimant had suffered fracture of shaft of middle 1/3rd of right humerus with lacerated injury measuring 4cms x 3cms over anterio medial aspect lower 1/3rd upper arm with a puncture wound over posterior aspect lower 1/3rd upper arm. The claimant was treated in Sparsh Hospital at Bangalore. The fracture was reduced by open reduction and internal fixation.4. A die time of accident, claimant was aged about 28 years and he was sustaining by manual work. The claimant had spent a sum of Rs.33,000/- towards medical expenditure. PW2 Dr.Raghuraj on subsequent examination of claimant has found that claimant has restricted movements of right upper limb. PW2 has assessed permanent physical disability of right upper limb at 80% and 30% with reference to whole body.5. The Tribunal has aw...
Sri.Shuhail Khan S/O Rafeeq. Vs. the National Insurance Co. Ltd, and a ...
Court: Karnataka
Decided on: Feb-01-2011
1. This is claimant's appeal seeking enhancement of compensation for the injury he suffered in a road accident that occurred on 16.4.2004. Claimant was aged about 11 years at the time of accident.2. The Tribunal on the basis of the evidence on record has awarded compensation of Rs. 1.53.400/-. Unsatisfied with the said award, claimant is in appeal.3. No appeal is filed by the insurer nor is the liability disputed. Hence, the only question that requires to be considered is: Whether the claimant is entitled for additional compensation?4. Facts, which are not in dispute are, that the claimant .sustained diffuse axonal injury, diffuse cerebral odema. He was initially shifted to Baptist Hospital from where he was shifted to M.S.RamaiahHospital wherein he was inpatient from 16.4.2004 to 17.5.2004. During this period. CT Scanning was done and it was found axonal injury, fracture of pelvis, fracture of bilateral inferior pubic rami. He underwent scanning and tracheostomy on 24.4.2004 and was d...
Mr.Srirainana Kalknr S/O Raghupathi Kalkur. Vs. Mr.Balakrishan Nayak S ...
Court: Karnataka
Decided on: Feb-01-2011
1. The matter is listed for admission. Lower court records are received. With the consent of learned counsel for the parties, the matter is taken up for final disposal.2. This is a claimant's appeal for enhancement of compensation.3. I have heard Sri.Pavana chandra Shetty. learned counsel for claimant and Smt.Bhavya, learned counsel for Sn.M.V.Poonacha, learned counsel for insurance company.4. The claimant had suffered contusion of knee and fracture of right mandible. The claimant was treated in Hi tech Medicare Hospital at Udupi. The claimant was an inpatient from 14 4.2008 to 20.4.2008.5. The Tribunal has awarded compensation of Rs.64.800/- under following heads:I Pain and sufferingRs.25.000II ConveyanceRs. 1.000III Attendant 6k nourishing foodRs. 2.000IV Medical Expenses Rs.20,800V For loss of income during treatment period- Rs. 6.000VI Discomfort and loss of amenities - Rs. 10.000Total- Rs.64.8006. The claimant has not examined the Doctor to prove the permanent physical disability ...
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