Court : Karnataka
Reported in : 2000CriLJ2148
M.F. Saldanha, J.1. The State of Karnataka has, through this appeal, assailed the order of acquittal passed in favour of accused Nos. 1 to 6 in S.C.No. 165/91 by the learned II Additional Sessions Judge, Belgaum. The accused are charged for having committed offences punishable under Sections 143, 147, 148, 323, 427, 342, 448, 429 and 302 read with Section 149, I.P.C. It was alleged that on the night of 25-5-1991, at Kenchanahatti Village, the accused persons, in furtherance of their common objective, had formed an unlawful assembly and that they had assaulted some of the prosecution witnesses, but the main allegation is that they had committed the murder of one Basappa Shetappa Jambali, Briefly stated, the allegation was that pursuant to some level of hostility between the two parties, at about the time of the incident, the accused persons got into an altercation with the prosecution witnesses in the course of which they abused them, assaulted them, pelted stones on that house of these...
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant173; [1999]98CompCas722(Kar); ILR2000KAR355
T. N. Vallinayagam, J. 1. Heard the respective counsel. 2. The Indian Overseas Bank is the petitioner aggrieved by the order passed on the application filed under Order 9, Rule 13 setting aside thedecree dated August 31, 1989 in 1997 at the instance of the surety, the second defendant on the ground that the surety signature had been forged on all the documents including the court records, suit summons as well as the bank records.3. The learned judge has chosen to accept the version of the surety and set aside the decree in its entirety. It is that order that is' challenged before me in this C. R. P.4. Basically, the order passed by the court below is not sustainable as the court has no jurisdiction to set aside the decree as against the first defendant, the main borrower. If at all, the decree can be set aside only as against the surety who has come forward with the grievance. On this ground alone this order has to be set aside.5. It appears from the facts that the suit was filed by th...
Tag this Judgment!Court : Karnataka
Reported in : [2000(84)FLR761]; ILR1999KAR4588; 2000(1)KarLJ396; (2000)ILLJ667Kant
Acts/Rules/Orders:Industrial Disputes Act, 1947 - Sections 2-A, 9-C and 10(4-A);Industrial Disputes (Karnataka Amendment) Act, 1987Cases Referred:M/s. Avon Services Production Agencies Private Limited v. Industrial Tribunal, Haryana and Others, AIR 1979 SC 170, 1979-I-LLJ-1 (SC);Banavasi Vyavasaya Seva Sahakari Sangh Limited v. N.C. Bapat and Others, 1994(3) Kar.L.J. 508, ILR 1994 Kar. 2496JUDGEMENT Y. Bhaskar Rao, C.J.1. This appeal is filed by the KSRTC assailing the order of the learned Single Judge modifying the award of the Labour Court.2. Brief facts of the case are that the respondent-conductor was dismissed from service on 6-7-1977 after conducting a domestic enquiry. Thereafter, he made an application to the Government to make a reference of his dispute arising from his dismissal from service. The Government vide order dated 29-10-1986 refused to refer the matter stating that there is an inordinate delay.3. By amendment, Section 10(4-A) was incorporated in the Industrial Dispu...
Tag this Judgment!Court : Karnataka
Reported in : 2000CriLJ2064; II(2000)DMC177; 2000(2)KarLJ466
ORDER1. The first of these appeals has been preferred by the original accused 1 in S.C. No. 75 of 1993 on the file of the learned Sessions Judge, Chitradurga assailing the correctness of the conviction and sentence awarded to him. The second of the two appeals has been preferred by the State assailing the acquittal of original accused 1 to 3 on the remaining charges under which the Trial Court has acquitted them. The prosecution alleged that on 27-2-1993 the body of Shanthamma, the wife of accused 1 was found in a well in the land belonging to Venkatashivareddy within the jurisdiction of Imangala Police Station. An FIR was lodged on the same day at about 9.30 a.m. which is Ex. P. 11 whereby it was alleged that the death in question was dowry related and consequently, the police registered an offence and commenced investigation. It is alleged that in the course of the investigation it transpired that Shanthamma was married to accused 1 on 25-5-1989 and that pursuant to the negotiations ...
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR727; 2001(6)KarLJ584
Y. Bhaskar Rao, C.J.1. This appeal is filed by the State assailing the order of the learned Single Judge quashing Rule 3-B of the Karnataka Civil Services (General Recruitment) Rules, 1997 (for short the 'Rules'), providing weightage of marks to rural candidates as void and unconstitutional, as it violates Articles 14, 15 and 16 of the Constitution of India.2. After disposal of the writ petitions, some more writ petitions are filed challenging the said Rule. So they are posted along with this writ appeal.3. We have heard writ appeal and writ petitions, and are disposing them of by this common judgment.4. The undisputed brief facts of the case are that the respondents-writ petitioners have appeared for the examination held by the Karnataka Public Service Commission for the Karnataka Civil Services Groups A and B post. They have questioned the validity of Rule 3-B read with Rule 2(1)(mm) of the rules, which provide for giving weightage of 10% of marks for the rural candidates while consi...
Tag this Judgment!Court : Karnataka
Reported in : (2000)159CTR(Kar)316; [2000]243ITR519(KAR); [2000]243ITR519(Karn)
V.K. Singhal, J. 1. The Assistant Registrar of the Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated March 3, 1994, in respect of the assessment year 1989-90, under Section 256(1) of the Income-tax Act, 1961 :'(1) Whether, on the facts and in the circumstances of the case for the purpose of Section 115J of the Act read with Section 205(1)(b) of the Companies Act, 1956, the expression 'loss' under the Companies Act is to be reckoned after allowance of depreciation or before it (2) Having regard to the scheme of Section 115J whether in an assessment year where the assessee's income is computed by invoking the provisions of Section 115J interest under Sections 234B and 234C are leviable (3) Whether, on the facts and in the circumstances of the case, the amounts to be carried forward like unabsorbed depreciation, unabsorbed investment allowance and business loss from an assessment year to which the provisions of Section 115J are appli...
Tag this Judgment!Court : Karnataka
Reported in : 2000(4)KarLJ407
ORDER1. By this petition the petitioner has prayed for issuance of a writ of certiorari under Articles 226 and 227 of the Constitution of India toquash the order dated 17-5-1996 passed by the 4th respondent-Tahsildar, Taluk Honnali.2. The facts of the case in a nutshell are that the land in question were regranted in favour of B. Raghavendrachar, s/o Narasimhachar and others by the Assistant Commissioner, Shimoga Taluk, vide an order dated 10-3-1969. The lands which are granted in favour of (a) B. Narasimhachar were Sy. No. 60, extent 11 guntas; Sy. No. 52, extent 3 acres 24 guntas and Sy. No. 140, extent 3 acres 10 guntas as well as Sy. No. 126, extent 2 acres 20 guntas; (b) Hanumantha Rao, was granted the land in Sy. No. 52 extent 3 acres 23 guntas; Sy. No. 126, extent 2 acres 30 guntas and Sy. No. 140, extent 3 acres 15 guntas; and finally (c) B. Gururayachar the lands in Sy. No. 69 extent 31 guntas; Sy. No. 126 extent 2 acres 30 guntas and Sy. No. 140, extent 3 acres 39 guntas and ...
Tag this Judgment!Court : Karnataka
Reported in : 2000CriLJ2428; ILR2000KAR1974; 2000(2)KarLJ362
M.F. Saldanha, J.1. The State of Karnataka, through this appeal has assailed the order of acquittal passed in favour of the respondent-accused by the learned J.M.F.C., Hungund in C.C. No. 1179 of 1988. Briefly stated, the accused Hanamappa Hugar who was working as the Secretary of the S.K. Budihal V.S.S.S. between the years 1976 and 1984 is alleged to have misappropriated three amounts of money during the period from 1-7-1983 to 31-3-1984. The three amounts in question are an amount of Rs. 2,400/-which was the salary amount payable to one P.B. Goudar who was another employee of the society, an amount of Rs. 72-50 which was detected to be short when the accounts were audited and an amount of Rs. 15,080-42 which amount was the cash balance which the accused had to handover on 31-3-1984 when he was relieved of his charge and which he failed to do. The accused was tried by the learned JMFC and the Court by judgment and order dated 23-11-1994 acquitted the ac-cused holding that all the thre...
Tag this Judgment!Court : Karnataka
Reported in : AIR2000Kant161; 2001(2)KarLJ351
1. Both the above regular first appeals have been preferred by the defendant in O.S. Nos. 10777 and 10778 of 1987 on the file of the 3rd Additional City Civil Judge, Bangalore City. Both the suits were for recovery of money being the Indian Agency Commission payable to the plaintiff. O.S. No. 10777 of 1987 was decreed for a less sum than what has to be paid for. While, O.S. No. 10778 of 1987 was decreed as prayed for. Aggrieved by the same the above regular first appeals have been filed by the defendants. As the facts are common, both the appeals are taken up together and a common judgment is delivered. Both the appeals are confined only against the grant of pre-suit interest.2. The facts of the case in respect of both the suits are same and which is as follows.-The appellant is a public limited company incorporated under the Companies Act, 1956. The respondent is a registered partnership firm represented by its partners. The respondent is an Indian agent of their foreign Principal M/s...
Tag this Judgment!Court : Karnataka
Reported in : [2000]246ITR750(KAR); [2000]246ITR750(Karn)
V.K. Singhal, J. 1. In all these I. T. R. Cs. since the controversies are common, they are decided by this common order. The Income-tax Appellate Tribunal has referred the following questions of law : 2. In I. T. R. C. No. 4 of 1996, the following question of law has been referred : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that 'kist' amount payable to the Government by the assessee could not be brought within the purview of the provisions of Section 43B of the Income-tax Act, 1961?' 3. In I. T. R. C. No. 5 of 1996, the following question of law has been referred : 'Whether, on the facts and in the circumstances of the case, particularly having regard to the changed provisions in the Karnataka Excise Act, 1965, especially the provisions of Section 24 of the said Act, the Tribunal was right in law in holding that 'kist' amount payable to the Government by the assessee could not be brought within the purview of provisions of Se...
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