Court : Karnataka
Reported in : ILR1997KAR2078
ORDERS. Rajendra Babu, J.1. By these petitions the petitioners are seeking for quashing the Notifications at Annexure-A dated 9th August, 1995 and Annexure-B dated 20th October, 1995. They are issued by virtue of the powers under Sections 3 and 9 of the Karnataka Municipalities Act, 1964 (for short the Act).2. Annexure-A proposes to specify certain areas to be smaller urban area of Bidar and the same shall be a City Municipal area of Bidar and calls upon those interested to fife objections to the proposal, it also describes the said smaller urban area as areas coming within the limits specified in Schedule-B to the Notification.3. By Annexure-B the Government of Karnataka specified the smaller urban area stating that objections have been invited by Notification dated 16.8,1995, and objections received in time have been duly examined. It is stated in the Notification that having regard to :(i) the population of such area is not less than fifty thousand and not exceeding three lakhs; (ii...
Tag this Judgment!Court : Karnataka
Reported in : 2007(1)SLJ352(NULL)
ORDERAnand Byrareddy, J.1. The facts of the case are:The petitioner is engaged in the manufacture of tyres. The petitioner had employed over 2000 workmen and over 400 officers. The petitioner has a canteen. This is as provided and required under Section 46 of the Factories Act, 1948 (hereinafter referred to as 'the Act' for brevity). During the period 10.6.1984 to 9.7.1986, me said canteen was said to have been run and managed by a contractor by the name of Somayaji G. On 3.9.1986, it appears, the said contractor was murdered outside the factory gate. The workmen employed by the contractor were arrested and thereafter, the contract having been terminated even prior to the death of the contractor, the workmen engaged by the contractor were not allowed into the factory premises, as the petitioner claimed that there was no relationship of 'master and servant' as between the petitioner and the said workmen. The workmen had raised a dispute that there was illegal termination and sought rein...
Tag this Judgment!Court : Karnataka Dharwad
R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE11T H DAY OF OCTOBER, 2018 PRESENT THE HONBLE MR.JUSTICE B.VEERAPPA AND THE HONBLE MR.JUSTICE H.T. NARENDRA PRASAD WRIT APPEAL No.100192/2018 [GM-R/C]. BETWEEN: SARDAR VEERANGOUDA PATIL MAHILA VIDYA PEETH, VIDYA NAGAR, HUBLI, R/BY TRUSTEE AND AUTHORISED PERSON SRI PREMANAND VEERANAGOUDA PATIL, AGE:84 YEARS, OCC:INDUSTRIALIST, R/O. VIDYA NAGAR, HUBLI DHARWAD. (BY SRI. S.S. NAGANAND, SENIOR ADV. FOR SRI. SHRIKANT T PATIL, ADV.) AND: BASANTKUMAR S/O. THIMMANAGOUDA PATIL, AGE:64 YEARS, OCC:BUSINESS, C/O. BASANT RESIDENCY NO.3, 4TH MAIN, GANDHINAGAR, BENGALURU-560009. ... APPELLANT ... RESPONDENT (BY SRI. M.T. NANAYYA, SENIOR ADVOCATE FOR SRI. K L PATIL, ADV. FOR C/R) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY LEARNED SINGLE NO.85687/2013 IN WRIT PETITION JUDGE :2. : DATED:29.05.2018 AND DISMISS THE SAID WIRT PETITON, WITH COS...
Tag this Judgment!Court : Karnataka
Reported in : 2006(2)KarLJ143
B. Padmaraj, J.1. This intra-Court appeal by the appellant-Karnataka Silk Industries Corporation Limited is directed against the order passed by the learned Single Judge of this Court in Y.N. Krishna Murthy u Karnataka Silk Industries Corporation Limited, Bangalore : ILR2005KAR3389 whereby the learned Single Judge has accepted the petition filed by the respondent-employee and directed the appellant-employer not to proceed further in terms of the show-cause notice dated 14-2-2005, served on the respondent calling upon him to offer his explanation, with regard to certain alleged misconduct. The learned Single Judge has observed in para 15 of the impugned order as under:15. In the circumstances, I have no hesitation to hold that the present show-cause notice is required to be interfered with on account of delay and laches and the respondents are to be directed not to proceed further on the basis of the said notice. I must also to say that even if liberty is available to the petitioner, de...
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1116
ORDERPuttaswamy, J.1. In this reference under Section 27(1) of the Wealth-tax Act of 1957 (Central Act No. 27 of 1957) ('the Act') the Income Tax Appellate Tribunal, Bangalore Bench('Tribunal') at the instance of the assessee has referred the following question of law for the opinion of this Court:'Whether, on the facts and in the circumstances of the case, the assessee was entitled to a deduction of Rs. 1,69,950/-representing the loan taken from the Life Insurance Corporation of India on insurance policies in view of the provisions of Section 2(m)(ii) of the Wealth Tax Act, 1957?In order to appreciate the question of law referred to us, it is necessary to notice the facts of the case in the first instance.2. The assesses is a Hindu Undivided Family ('HUF') For the assessment year 1974-75 relevant to the valuation date being 31-3-1974, the assessee filed his return under the Act before the Wealth Tax Officer, Mercara ('WTO') inter alia claiming a sum of Rs. 1,69,950/- 'as a debt owed b...
Tag this Judgment!Court : Karnataka
Reported in : (2005)195CTR(Kar)149; [2005]274ITR459(KAR); [2005]274ITR459(Karn)
D.V. Shylendra Kumar, J.1. The petitioners are all employees of the Life Insurance Corporation of India (for short 'the LIC') and are working as Development Officers in the various branches of the Corporation.2. In these petitions, the petitioners have sought for quashing of a circular Ref. Mktg./ZL/26/2004 dated April 24, 2004 (copy at annexure B to the petition), issued by the first respondent--the LIC of India, Central Office, Mumbai, and for further directions to the Corporation and its branches not to deduct income-tax at source in respect of payment to the petitioners known as conveyance allowance and additional conveyance allowance, particularly for the year 2004-2005 and for other consequential relief.3. These petitions are filed contending that the payment which the petitioners receive from the employer and which is known by the name conveyance allowance and additional conveyance allowance, is exempted from income-tax under the provisions of Clause (14) of Section 10 of the Ac...
Tag this Judgment!Court : Karnataka
Reported in : [1990(60)FLR590]; ILR1990KAR654; 1990(1)KarLJ236; (1991)ILLJ150Kant
Mohan, C.J.1. The facts leading to the Writ Appeal are as follows : N. S. Giri, respondent-1 herein, joined the services of appellant-1 Municipality as a Health Assistant in the year 1950. He was promoted as a Sanitary Inspector in the year 1962. There was a further promotion as a Selection Grade Sanitary Inspector on a substantive basis with effect from 1st June, 1967. Thereafter, the post was re-designated as Assistant Health Officer. 2. Originally the Mangalore City Municipality was constituted under the provisions of the then Madras District Municipalities Act (the Act, for short). As far as the service conditions and the age of retirement of Health Officers of the Health Department are concerned, they were governed by the Madras Public Health Act and the Rules framed thereunder. Under the said Rules, the retirement age of the servants of the Public Health Department was 60 years in some cases and in some other cases it was 58 years. There was also a provision in the said Rules for...
Tag this Judgment!Court : Karnataka
Reported in : 2004ACJ271
Nayak, J.1. A small man's problems would quite often throw greater challenges to the Judge and legal system if they were to do justice to him. The challenge brought before the court in this case relates to the question whether technicalities should be allowed to overtake the commands of justice and the dictates of good conscience of the Judge? The basic jurisprudential question throughout the ages is how can we improve the quality of justice for individual parties; how can we reduce injustice? Over the centuries, it can be seen, the main answer has been to build a system of rules and principles, precepts and concepts to guide decisions in individual cases. That is a good answer, as good for the future as for the past', if we can borrow the phrase from Kenneth, Culp Davis. Therefore, the continued development of rules and principles, innovations of precepts and concepts are both desirable and inevitable. We thought hitherto that technicality is the unfailing resource of an Indian litiga...
Tag this Judgment!Court : Karnataka
Reported in : [1986]160ITR826(KAR); [1986]160ITR826(Karn)
K.S. Puttaswamy, J.1. In this reference under section 27(1) of the Wealth-tax Act, 1957 (Central Act No. 27 of 1957) ('the Act'), the Income-tax Appellate Tribunal, Bangalore Bench ('Tribunal'), at the instance of the assessee has referred the following question of law for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the assessee was entitled to a deduction of Rs. 1,69,950 representing the loan taken from the Life Insurance Corporation of India on insurance policies in view of the provisions of section 2(m)(ii) of the Wealth-tax Act, 1957 ?' 2. In order to appreciate the question of law referred to us, it is necessary to notice the facts of the case in the first instance. The assessee is a Hindu undivided family ('HUF'). For the assessment year 1974-75, relevant to the valuation date March 31, 1974, the assessee filed his return under the Act before the Wealth-tax Officer, Mercara ('WTO'), inter alia, claiming a sum of Rs. 1,69,950 'as a debt...
Tag this Judgment!Court : Karnataka
..... which do not enjoy the same immunity which a legislation enjoys. he relied upon a decision of the apex court in the case of life insurance corporation of india and others vs- retired lic officers association and others7 and submitted that sebi as a delegatee ought to have exercised its power to frame the regulations within the four corners of the statutory provisions of sebi act. he also invited our attention to a decision of the apex 5 (1995) 5 scc4826 (1983) 1 scc3057 (2008) 3 ..... - hb after holding an inquiry in the prescribed manner. (5) the amount disgorged, pursuant to a direction issued, under section 11-b of this act or section 12-a of the securities contracts (regulation) act, 1956 (42 of 1956) or section 19 of the depositories act, 1996 (22 of 1996) or under 159 a settlement made under section 15-jb or section 23-ja of the securities contracts (regulation) act, 1956 (42 of 1956) or section 19-ia of the depositories act, 1996 (22 of 1996), as the case may be, shall be credited to the investor protection and education fund established by the board and ..... lal sahu vs- union of india42. he has also relied upon shafin jahan vs. asokan k.m. and others.43 he invoked parens patriae doctrine. he submitted that this court as a constitutional court has to act as parens patriae and protect the investors of ftmf.106. the learned counsel appearing for the applicants in ia no.i and ii of 2020 in writ petition no.8748/2020 made submissions contending that there is no enquiry made by sebi .....
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