Karnataka Court November 2012 Judgments
Shree Renuka Sugars Limited, Belgaum and Others Vs. the State of Karna ...
Court: Karnataka
Decided on: Nov-08-2012
(Prayer: This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that Section 8-B of the Karnataka Tax on entry of Goods Act, 1979 is unconstitutional and ultra vires.) Oral: In these writ petitions, the petitioners, who are manufactures of sugar, are challenging the constitutional validity of Section 8-B of the Karnataka Tax on Entry of Goods Act, 1979 (‘the Act’ for short). 2. I have heard Sri. Prabhuling K. Navadgi, learned counsel for the petitioners and Sri. K.M. Shivayogiswamy, learned Additional Government Advocate for the respondents. 3. Learned Counsel for the petitioners submitted that Section 8-B of the Act is unconstitutional as it levies tax (Entry Tax) on purchase of sugar even in cases where there is no entry of sugar into any local area within the State of Karnataka. Hence, the Section is beyond the Legislative competence of the State as it falls outside the ambit and scope of Entry 52 of List II of the Seventh ...
Tag this Judgment!Major Pankaj Rai (Retd.) Vs. State of Karnataka by Chief Secretary Vid ...
Court: Karnataka
Decided on: Nov-07-2012
(These W.ps. Are filed under Articles 226 and 227 of the Constitution of India praying to set aside the impugned findings of the respondent no.3 in the proceedings of the meeting of the respondent no.3 dated august 16, 2011 pertaining only to the issue of informed consent (Annexure K).) Oral Judgment: (Dilip B. Bhosale J.) In W.P. No.45437/2011 the petitioner - hospital has impugned the order dated 24.11.2011 passed by the 2nd respondent in their appeal, bearing No.HFW 304 FPR 2011, confirming the order passed by the 3rd respondent dated 12.9.2011, whereby the Certificate of Registration / Licence issued by the Government of Karnataka in February, 2012, under The Transplantation of Human Organs and Tissues Act, 1994 (for short `the Act') has been cancelled. The petitioner - hospital was granted Certificate of Registration dated 25.3.2010, in Form 12 appended to The Transplantation of Human Organs and Tissues Rules, 1995 (for short `the Rules'). for performing the transplantation of kid...
Tag this Judgment!B.L. Boolani Vs. Vasanth Kumar Bangera
Court: Karnataka
Decided on: Nov-06-2012
(Prayer: This Cri.R.P. is filed under S.397 r/w 401 Cr.P.C. praying to set aside the order dated 30.11.2011 passed by the Fast Track (Sessions) Court – XVII, Bangalore in Crl.A.No.577/2011 confirming the order dated 6.7.2011 passed by the XVI Addl. CMM., Bangalore in C.C.No.15622/2008, convicting him for the offences p/u/S.138 of N.I. Act and sentencing the appellant to pay a fine of Rs.4,02,000/- and in default to undergo S.1 of four months and acquit the petitioner.) 1. The XVI Additional Chief Metropolitan Magistrate, Bangalore City, on 06.07.2011, convicted both the accused in C.C.No.15622/2008, a case related to the dishonour of cheque/s, under S.138 of Negotiable Instruments Act, 1881 (for short ‘the Act’) and sentenced the accused to pay fine of Rs.4,02,000/-, Rs.4,00,000/-, from the fine amount, when realized, was ordered to be paid to the complainant as compensation. In default of payment of the compensation amount, the accused were ordered to undergo S.1 for...
Tag this Judgment!Wilson MarcelIn Carvalho Vs. Krishna Budhaji Patil
Court: Karnataka Dharwad
Decided on: Nov-06-2012
(Prayer: This Criminal Appeal is filed under Section 378(4) of Cr.P.C. praying to set aside the judgment and order of acquittal passed by the learned Judicial Magistrate First Class-IV Court, Belgaum in C.C.No.724/2006, dated 23.2.2007. 1. This appeal by the complainant in C.C.No.724/2006 on the file of the JMFC-IV Court, Belgaum is directed against the judgment and order dated 23.2.2007 passed in the said case acquitting the respondent - accused of the charge leveled against him for the offence punishable under Section 138 of the Negotiable Instruments Act (for short "the Act"). 2. The appellant filed complaint under Section 200 of Cr.P.C. alleging offence under Section 138 of the Act against the respondent - accused inter alia contending that the accused for discharge of certain liability due by him to the complainant, issued two cheques each for Rs.50,000/- on 8.6.2005 and when the said cheques were presented for encashment, they were returned unpaid on the ground of insufficiency o...
Tag this Judgment!Thirakanagouda N. Patil, Since Deceased by His Lrs. and Others Vs. Sta ...
Court: Karnataka Dharwad
Decided on: Nov-06-2012
1. This intra court appeal is preferred by the petitioners in W.P.No.16859/2011 aggrieved by the order dated 29.05.2012 of the learned Single Judge dismissing the petition. 2. Facts not in dispute are: One Naganagouda Patil, said to be the propositus, had eight children, since deceased represented by legal heirs, petitioners and respondents were parties in O.S.No.182/1966 on the file of the Munsiff, Haveri, for declaration, partition and separate possession of several immovable properties including lands in R.S.No.195 and 129/A measuring 20 acres and 31 guntas and 1 acre and 29 guntas, respectively, of Balambid village in Hangal taluk, admittedly, claimed to be in joint possession and cultivation of the siblings, as tenants. In the absence of a dispute lover tenancy claims, an issue over claim of tenancy was not framed and the suit ended in a 13 compromise decree dated 29.09.1966, Annexure-R-3 to the statement of objections of respondents, one of the terms of which reads thus: KANNADAM...
Tag this Judgment!S.R. Jayashankar and Another Vs. Baldev Singh
Court: Karnataka
Decided on: Nov-05-2012
(Prayer: This Crl.R.P. is filed under S.397 Cr.P.C. praying to set aside the order/judgment dated 27.4.2010 of the Presiding Officer, Fast Track Court-XI, Bangalore in Crl.A.No.861/2009 in dismissing the appeal field by the petitioners herein by confirming the judgment dated 14.10.2009 of the XXII-ACMM and XXIV ASCJ, Bangalore in C.C.No.14104/2007.) 1. In the present case, the Trial Court convicted the petitioners-accused, in case related to the dishonour of a cheque under S.138 of the Negotiable Instruments Act, 1881 (for short, ‘the Act’). The petitioners-accused were sentenced to pay a fine of Rs.6,10,000/-, in default, to undergo S.I. for a period of one year. The complaint was held entitled for compensation of Rs.6,05,000/-, in case of payment of fine by the accused. In appeal filed by the accused, the said finding was confirmed. Assailing the said judgment of conviction and order of sentence, as affirmed in the appeal, the accused have filed this criminal revision pet...
Tag this Judgment!T.R. Narayanaswamy Vs. the State of Karnataka and Another
Court: Karnataka
Decided on: Nov-05-2012
(Prayer: This Writ Appeal is filed under Section-4 of the Karnataka High Court Act praying to set aside the order passed in Writ Petition No.117/2003 dated 23rd July 2004 and to direct the respondent No.1 to consider the Appellant’s application dated 12.02.2002 for renewal, read with the direction of this Court in W.P.No.42001/1995.) Vikramajit Sen, C.J. 1. In this appeal the Appellant has called in question the legal correctness of the decision dated 23.07.2004 of the learned Single Judge in Writ Petition No.117/2003. The facts germane to the controversy are not in dispute. On 15.03.1982 a Quarry Lease pertaining to Survey No.421 of Maralabbe Kuppe village of Kanakapura taluk, Bangalore Rural District, Karnataka, admeasuring 54 acres came to be granted in favour of the Petitioner/Appellant for a period of ten years. It was renewed thereafter for another tranche of ten years. Accordingly, the tenure of the lease was no terminate by efflux of time on 15.03.2002. The Appellant, as ...
Tag this Judgment!Ramachandrappa Vs. the State of Karnataka and Others
Court: Karnataka
Decided on: Nov-02-2012
N. Kumar, J. 1. This appeal is filed by the land owner challenging the order passed by the learned Single Judge who has declined to quash the notification issued for acquisition of his land. 2. For the purpose of convenience, the parties are referred to as they are referred to in the writ petition. 3. The subject matter of this proceedings is 7 guntas of land in Sy.No.3/1 situated at Yamalur Village, Bangalore East Taluk. The petitioner is the owner of the said land and he is also cultivating the said land. Annexure-A, the RTC for the year 2002-03 substantiates the said fact. The Government of Karnataka issued a notification under Section 28(1) of the Karnataka Industrial Area Development Board Act, 1966, for short, hereinafter referred to as the ‘Act’, for acquiring 4 acres 15 guntas of land in Kempapura Village, Varthur Hobli. However the said acquisition proceedings were not proceeded further. Again on 12.12.2002, yet another notification came to be issued under Section ...
Tag this Judgment!Syndicate Bank, Manipal Vs. S.R. Padiyar and Another
Court: Karnataka
Decided on: Nov-02-2012
This appeal is preferred against the order passed by the learned single Judge who has set aside the order of removal and the enquiry proceedings, solely on the ground of non-production of seven documents, which was sought for by the delinquent employee. 2. For the purpose of convenience, the parties in this appeal are referred to as they are referred to in the writ petition. 3. The petitioner was functioning as Sub-Manager at the Nariman Point Branch, Mumbai, of the Respondent - Syndicate Bank. The Branch was headed by an Assistant General Manager and the petitioner was working as Sub- Manager. On 21.02.1995, office of the Directorate of Revenue Intelligence, ('DRI' for short) Mumbai, apprehended five persons carrying four gunny bags containing Indian currency. A panchnama was prepared in which it was stated that the gunny bags contained a total amount of Rs.1,00,78,000/- which was seized from the said five persons. The DRI also seized certain pay orders issued by the Bank on account o...
Tag this Judgment!- ‹ Prev
- 1
- 2
- Next ›