Karnataka Court April 2011 Judgments

United India Insurance Company Ltd., Bangalore, by Itand#8217;s Manage ...

Court: Karnataka

(Prayer: M.F.A. No.11065/2008 is filed u/s 30(1) of W.C.Act against the Judgment dated 09.07.2008 passed in WCA/NFC/CR/NO.228/2007, on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub Division-2, Mandya, awarding of compensation of Rs.1,51,417/- with interest at 12% P.A. M.F.A. No.11066/2008 is filed u/s 30(1) of W.C.Act against the Judgment dated 09.07.2008 passed in WCA/NFC/CR/NO.229/2007, on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub Division-2, Mandya, awarding of compensation of Rs.1,58,364/- with interest at 12% P.A. M.F.A. No.11067/2008 is filed u/s 30(1) of W.C.Act against the Judgment dated 09.07.2008 passed in WCA/NFC/CR/NO.230/2007, on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub Division-2, Mandya, awarding of compensation of Rs.1,60,351/- with interest at 12% P.A. M.F.A. No.11068/2008 is filed u/s 30(1) of W.C.Act against the Judgment dated 09.07.2008 passed in WCA/NFC/CR/NO.23...

New India Assurance Co., Ltd., by Its Manager Vs. Vijendra Setty, by H ...

Court: Karnataka

(Prayer: This MFA is filed under Section 30(1) of Workmen’s Compensation Act, against the Judgment and order dated 31.08.2006 passed in WCA/CR-69/2004 on the file of the Labour Officer and Commissioner for Workmen’s Compensation, Shimoga, awarding a compensation of Rs.1,03,948/- along with interest at 12% p.a., from the date of application, i.e., 09.12.2004 till deposit.) 1. Second respondent-Insurance Company in Cr-69/2004 on the file of Commissioner for Workmen’s Compensation, Shimoga, has come up in this appeal challenging the order dated 31.08.2006 passed in the said proceeding. 2. Brief facts leading to this appeal are as under: Claimant before the Commissioner contend that he was loader and un-loader in the Tractor-Trailer bearing No.KA-14/T-2593-2594 belonging to first respondent and insured with second respondent before the Commissioner. On 10.01.2003 he was traveling in the aforesaid tractor along with a load of paddy for the purpose of milling. The said Trac...

United India Insurance Co Ltd Vs. Palanna and Another

Court: Karnataka

(Prayer: This MFA is filed U/S 30(1) of W.C. Act against the order dated 29/8/06 passed in WCA No. 152/05 on the file of the labour officer and commissioner for workmen compensation. Davanagere district. Davanagere, awarding a compensation of Rs.1,21,968/- with interest at 12%.) 1. The 2nd respondent insurance company in CR.No. 152/2005 on the file of Commissioner for Workmen’s Compensation. Davanagere has come up in this appeal challenging the order dated 29.8.2006 passed in the aforesaid proceedings. 2. Brief facts leading to this appeal are: The claimant before the Commissioner state that he was working as collie 1st respondent, owner of tractor trailer bearing No.KA-16/1538-39 insured with 2nd respondent insurance company before the Commissioner and appellant herein. According to him, on 20.10.2004 he was loading mud in to the tractor trailer along with other workers in Muchikere Tank bed for the purpose of carrying the same to the field of 1st respondent. At that time, the d...

Gopi @ Gopalakrishna, S/O Late Karagappa Vs. State by Doddaballapura, ...

Court: Karnataka

(This Criminal Appeal is filed under Section 374 (3)(2)(a) of the Code of Criminal Procedure, prays that this Hon’ble Court may be pleased to call for the lower Court records in S.C.No.197/2004 on the file of the Fast Track Court – II, Bangalore and reverse the judgment and sentence and fine dated 27.07.2005 passed by the trial Court and acquit the appellant.) This appeal is filed challenging the judgment dated 27.07.2005 passed by the Fast track Court – II, Bangalore Rural District, Bangalore in S.C. No.197/2004, convicting the appellant for the offences under Sections 3, 4 and 6 of Dowry prohibition Act and Section 498(A) and 304(B) of I.P.C. and sentencing him to undergo Rigorous Imprisonment for five years and to pay a fine of Rs.15,000/- for the offence under Section 3 of the Dowry Prohibition Act and sentencing him to six months Rigorous Imprisonment and a fine of Rs. 1,000/- for the offence under Section 4 of Dowry Prohibition Act and further sentencing him to ...

Commissioner of Central Excise, Bangalore Vs. M/S. Stanzen Toyotetsu I ...

Court: Karnataka

Reported in: 2012ILR(Kar)55; 2012(1)KCCR468(DB)

(Prayer: This CEA filed under Section 35G of the Central Excise Act, 1944 arising out of the Central Excise Act, 1944 arising out of Order dated 01/05/2009 passed in Final Order No.573/2009, praying to decide the substantial question of law stated therein, set aside the order passed by the CESTAT, South Zone Bench, Bangalore in final order No. 573/2009 dated 01/05/2009 arised in Appeal No. Excise/St/68/2009, in E/95/09, in the interest of justice and equity.) 1. All these appeals are preferred by the revenue challenging the order of the Tribunal which held that the assesses are entitled to Cenvat credit on the service tax paid on outdoor catering services, transportation charges, rent-a-cab scheme and Group health Insurance. 2. The assesses are manufacturers of parts and accessories of motor vehicles falling under Chapter 87089900 of the Central Excise Tariff Act, 1985. They are also availing Cenvat credit of duty paid on inputs, capital goods and service tax paid on services used in o...

M/S Essar Telecom Infrastructure Pvt Ltd. Vs. Union of India And#8211; ...

Court: Karnataka

(Petitions are filed under Art.226/227 of the Constitution praying to quash the order dated 30.11.2010 – annexures C and C1, etc.) Petitioner is a company registered under the Companies Act, 1956 engaged in providing infrastructure service in relation to cellular telephones. He having entered into contract with various telecom/cellular operators is required to render service in relation to passive telecom network including operating and maintenance. Petitioner is also registered under Finance Act, 1994 and the transactions are subject to service tax in terms of S.65(19) of the Finance At. Acting under S.39 of the Karnataka Value Added Tax Act, 2003, the respondent authority proceeded to levy tax on the premise that there is a transfer of right to use the telecom network towers which according to the petitioner, is overlooking the fact that the transactions which are in the nature of service contract and also according to him, as per S.65(11) of the Finance Act, 1994 it is only a ...

Karnataka Agro Industries Corporation Voluntarily Retired Employees We ...

Court: Karnataka

(These W.As. are filed under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in the Writ Petition No.171/2001 dated 08/03/2006.) N.K. Patil, J. The appellant No.1 is the Karnataka Agro Industries Corporation Voluntarily Retired Employees Welfare Association (Registered) represented by its President and appellant Nos.2 to 25 are the Voluntarily Retired Employees of the second respondent – Karnataka Agro Industries Corporation Limited (for short ‘Corporation’). The appellants, assailing the correctness of the order dated 8th March 2006 passed in W.P.NO.171/2001 by the learned Single Judge, have presented these writ appeals. 2. The appellants herein have filed a writ petition before the learned Single Judge, seeking a mandamus directing the Corporation to refix their compensatory allowance and other emoluments to all the employees who have opted for voluntary retirement as per the Circular dated 27.5.1999, contending that, they were the e...

Official Liquidator of M/S. Southern Herbals Limited (In Liqn.), Attac ...

Court: Karnataka

1. This application is filed by the Official Liquidator under Order 6 Rule 17 CPC read with Rule 6 and 7 of Companies (Court) Rules 1959s whereunder the O.L seeks for the following reliefs:- 1) to delete para Nos 9 (a), (b), (d), (e), and (f) in the points of the claims in C.A.No.130/2010; 2) to delete para Nos.10, 11 and 12 in the points of claims in C.A.No.130/2010; 3) to delete para Nos.3, 5, 6, 7 and 8 in the prayer column in C.A.No.130/2010; 4) to insert the following paragraphs in the prayer column after prayer (8) in C.A.No.130/2010 as :- 9) to direct the Ex-directors to make good the amount of Rs.1,55,000/- jointly or severally as described in para 9(g) above to the Official Liquidator together with interest @ 18% p.a or any other rate as this Honourable Court may fix with effect from the date of winding up; 10) to direct the Ex-directors to make good the amount of Rs.32,66,631/- jointly or severally as described in para 9(g) above to the Official Liquidator together with inter...

M.D. Nadeem Pasha Vs. State of Karnataka Rep by Its Secretary and Anot ...

Court: Karnataka

1. In this writ petition, petitioner has challenged the Notification dated 25.8.2010 in No.UDD 19 MLR 2009 issued by the 1st respondent, which is produced as Annexure-F. By the said notification ‘Tumkur City Municipality’ has been constituted as ‘Tumkur Municipal Corporation’. In substance, the establishment of the Tumkur Municipal Corporation is challenged in this writ petition. 2. According to the petitioner, he is an elected councilor of Tumkur City Municipality, which was declared as municipality under Section 9 of the Karnataka Municipalities Act by Government Notification dated 25.8.1995. Subsequently elections were held to the municipality regularly and also on 28.9.2007 and the petitioner was declared as elected from Ward No.10 of the City Municipality and the first meeting of the Municipal Corporation held on 22.2.2008. It appears that there was a proposal to constitute ‘Tumkur City Municipality’ into ‘Tumkur Municipal Corporation̵...

M/S Bellary Steels and Alloys Ltd and Another Vs. M/S Man Takraf (Indi ...

Court: Karnataka

(Prayer: This appeal is filed under Section 483 of the Companies Act, 1956 r/w Sec.4 of the Karnataka High Court Act, 1961 Praying to set aside the order dated 22.9.2010 passed by the learned single Judge in Co.P. No 49/2001 winding up the 1st appellant company under Annexure-E.) 1. This appeal is preferred by M/s Bellary Steels and Alloys Limited and its Managing Director challenging the order passed by the learned Company Judge winding up the company. 2. The creditors of the company including the first respondent company filed several company petitions before the Company Court for winding up of the company on the ground the company is unable to pay its debts. During the pendency of the said proceedings, the company was referred to Board for industrial and Financial Reconstruction and was declared as a sick industrial unit under the provisions of Sick Industrial Companies (Special Provisions) Act 1985 (for short hereinafter referred to as the Act). When once the company is declared as...