Karnataka Court March 2013 Judgments
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M/S. Gras Impex Pvt. Ltd. Vs. the Commissioner of Commercial Taxes Van ...
Court: Karnataka
Decided on: Mar-12-2013
(Prayer: This Writ Petition is filed under Article 226 of Constitution of India praying to quash as far as the petitioner is concerned by an appropriate writ or otherwise the impugned clarification dated 08.10.2012 issued by the Learned Respondent vide ANN-A; and etc.) 1. Having heard the learned counsel, perused the pleadings and examined the order impugned, the core question for decision making is whether the Commissioner of Commercial Taxes (Karnataka), Bangalore, invoking the jurisdiction under Section 59(4) of the Karnataka Value Added Tax Act, 2003, for short ‘KVAT Act’ could invalidate the clarification issued in the petitioner’s case, by the authority for Clarification and Advance Rulings, under Section 60, without having invoked the Revisional jurisdiction under Section 64(2) or the remedy of an appeal under Section 66 of the said Act? Sec.59(4) of the KVAT Act reads thus:- “59. Instructions to Subordinate Authorities: (1) xxx (2) xxx (3) xxx (4) Withou...
The Branch Manager the New India Assurance Company Ltd., Vs. Vasudev a ...
Court: Karnataka Gulbarga
Decided on: Mar-12-2013
(Prayer: This Miscellaneous Appeal Is Filed Under Section 30(1) Of Wc Act Against The Judgment And Award Dated 29.07.2011 Passed In Wca/Sr/No.188/2008 On The File Of The Labour Officerr And Commissioner For Workmen Compensation, Sub Division No.I At Bijapur, Allowing The Claim Petition And Awarding Compensation Of Rs.74,873/- With Interest At 12% P.A.) 1. This appeal is by the insurer against the award passed by the Commissioner for Workmen's Compensation, Sub Division-I, Bijapur in WCA/SR/NO.188/2008 dated 29.07.2011.) 2. On 26.07.2008, the claimant was on duty as a driver of jeep bearing No.KA-28/M-6099. While he was going from Indi to Hirebevanur, the accident is said to have occurred. In that accident, the claimant has sustained grievous injuries to the head, wrist and chest. The Commissioner for Workmen's Compensation, Sub Division-I, Bijapur after enquiry, having held that the accident occurred due to the negligence on the part of the driver of the jeep, awarded total compensatio...
Managing Director, Ksrtc., Rep. by Its Chief Law Officer and Another V ...
Court: Karnataka
Decided on: Mar-08-2013
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated: 24/05/2010 passed in MVC No.4631/2009 on the file of the II Additional Judge, Court of Small Causes, Motor Accident Claims Tribunal, Bengaluru (SCCH-13), awarding a compensation of Rs.1,06,590/- with interest at 6% p.a. from the date of petition till deposit.) 1. The appeal by the Corporation and the Cross objection by the claimant/cross objector are directed against the impugned judgment and award dated 24th May 2010, passed in MVC No.4631/2009, by the II Additional Judge, Court of Small Causes, Motor Accident Claims Tribunal, Bengaluru (SCCH-13), (for short, ‘Tribunal’). 2. While the appellant/Corporation has filed the appeal seeking reduction of compensation awarded for the damages caused to the vehicle, the claimant/cross objector has filed the cross objection for enhancement of compensation for the damages caused to the vehicle in the road traffic accident, on the ground that, the co...
Manyatha Residents Association Represented by Its Secretary A. Shantar ...
Court: Karnataka
Decided on: Mar-06-2013
(Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a writ or order reading down section 2(bb)(vi) of the BDA Act, 1976 o as to restrict the power of respondent No.1 to notify civil amenity sites only for the purposes of a civic amenity for the residents of a layout and etc..) 1. These petitions are disposed of together having regard to the fact that the petitioner is common and the issues involved are identical. 2. The petitioner is an association registered under the Karnataka Societies Registration Act, 1961 (Hereinafter referred to as the ‘KSR Act’, for brevity). It is comprised of members who are owners of houses or house sites in the residential layout known as ‘Manyatha Residency’ at Rachenahalli, Krishnarajapuram Hobli, Bangalore East Taluk. It is stated that M/s. Manyatha Promoters Private Limited has formed a residential layout in about 82 acres of land at Rachenahalli, duly approved by the Bangalore ...
Sannarangappa, Tumkur District Vs. the State of Karnataka, by Itand#82 ...
Court: Karnataka
Decided on: Mar-04-2013
(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to declare that Section 15 to Section 19 of the Karnataka State Highway Act, 1964 is unconstitutional and violative of the Fundamental and Constitutional Rights of the petitioner.) 1. Heard the learned counsel for the parties. 2. The brief facts as narrated in the petition are as follows: The land bearing Survey No.54/2 of Agrahara Koratagere Taluk, Tumkur District measuring about 4 acres 22 guntas is said belong to the petitioner. He claims to have purchased it under a sale deed dated 1.1.1979 and further claims that there are several varieties of trees numbering over a thousand, There is also a shrine existing on the property where the family of the petitioner offers regular pooja. On the western side of the said land, there is a road measuring about 20 metres wide running between Tumkur and Madhugiri. The land is near Jampennahally cross. There is said to be a hillock on the eastern...
Vishwaraj, Bangalore and Others Vs. B.M. Byrappa, Bangalore and Others
Court: Karnataka
Decided on: Mar-01-2013
(Prayer: This Regular First Appeal is filed under section 96 of C.P.C praying to set aside the judgment and decree dated 29.1.2002 passed in O.S.No.1949/1980 on the file of the XXVIII Addl. City Civil and Sessions Judge, Mayo Hall, Bangalore City dismissing the suit for partition and separate possession.) 1. These appeals are filed by unsuccessful plaintiff and defendants-9 to 13 and 31 to 35 questioning the correctness and legality of the judgment and decree passed in O.S.No.1949/1989 by 28th Addl. City Civil Judge and Sessions Judge, Mayo Hall, Bangalore dated 29.01.2002 whereunder suit filed for partition and separate possession of 1/18th share in the suit property and enquiry into mesne profits came to be dismissed and claim of the defendants 9 to 13 and 31 to 35 for partition of suit schedule property also came to be rejected. 2. All these appeals are clubbed and heard together at the request of learned Advocates appearing for parties and and so on the ground that learned Advocate...
The Competent Authority, Belgaum and Others Vs. Manjula and Others
Court: Karnataka Dharwad
Decided on: Mar-01-2013
1. The appellants have challenged the order dated 21-11-2011, passed by the learned Single Judge, in W.P No.30792 of 2008. 2. By the impugned order, the learned Single Judge has disposed of the writ petition with an observation that the proposed action to take possession of surplus/excess land is abated. 3. Aggrieved by that, the appellants have filed this writ appeal. 4. Briefly stated, the facts are: The respondents are the legal heirs of Vasant Killekar who was the owner of R.S No. 1042/1B-PI measuring 1 acre 36 guntas, situated at Belgaum. The first appellant by order dated 26-6-1986 acting under Section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976 has held that retainable area is 4000 sq. mtrs. and excess area is 7.977.85 sq. mtrs. The appellant 1 published notification under Section 10(1) of the ULC Act calling upon objections if any. As objections were not filed final order Section 10(3) was passed on 30-9-1991. Notices dated 15-5-1992 and 5-9-1992 under Section 10(...
The Chairman, the State Government Employees Shikshana Sangha, Hubli V ...
Court: Karnataka Dharwad
Decided on: Mar-01-2013
Venugopala Gowda, J. 1. Appellant who was defendant No.3 in a suit for specific performance has sought reversal of the decrees passed by the two Courts below directing specific performance of an agreement of sale marked as Ex.P1, between the plaintiff and defendant No.1. For convenience, the parties would be referred to with reference to their ranks in the suit. 2. Factual matrix of the case; On 09.08.1982, defendant No.1 entered into an agreement of sale with the plaintiff, to sell agricultural land bearing Sy. No.61/1A measuring 16 acres and 5 guntas, situated at Tarihal Village, Hobli and Taluk, for a consideration of Rs.61,101/-. Advance amount of Rs.6,000/- was paid and the balance sale consideration of Rs.55,101/- was to be paid at the time of execution of the sale deed. Defendant No.1 sold the said property on 24.10.1983 (Ex.P13) to defendant No.2 for sale consideration amount of Rs.35,000/-. Plaintiff instituted suit on 10.02.1984, to pass a decree for specific performance alle...
Aruna and Others Vs. Muthanna and Others
Court: Karnataka Dharwad
Decided on: Mar-01-2013
(Prayer: This MFA is filed U/S 173(1) of MV Act, against the Judgment and Award dated:24-03-2012 passed in MVC No.830/2011 on the file of Member, MACT.No.II, Bellary, partly allowing the claim petition for compensation and seeking enhancement of compensation.) H. Billappa, J. 1. This appeal by the claimants is directed against the judgment and award, dated 24.03.2012, passed by the MACT-II, Bellary, in MVC No.830/2011. 2. By the impugned judgment and award, the Tribunal has awarded a sum of Rs..10,59,750/- and deducting 60% towards contributory negligence has awarded a sum of Rs..4,23,888/- with interest at 6% p.a. from the date of petition till the date of realisation. 3. Aggrieved by that, the appellants-claimants have filed this appeal. 4. Briefly stated the facts are: The appellants are the wife and children of deceased G.Suresh. That on 25.07.2010, at about 2.10 p.m., the deceased Suresh was driving the KSRTC bus bearing No.KA-36-F-736. The deceased stopped the bus on the left sid...
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