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Court : Karnataka
Decided on : Jul-29-1983
Reported in : 1984(1)KarLJ69; [1985]59STC178(Kar)
ORDERJagannatha Shetty, J.1. Each of these petitions under article 226 of the Constitution raises the same question regarding the constitutional validity of section 6B(1) of the Karnataka Sales Tax Act, 1957 ('Act' for short) as amended by Karnataka Act No. 13 of 1982, which provides for the levy of non-half per cent. of 'turnover tax' on every dealer whose total turnover in a year exceeds rupees one lakh. 2. In order to appreciate the contention urged in regard to the said question, it will be necessary to have regard to some of the relevant provisions of the Act. Section 2(1)(u-1) defines 'taxable turnover' to mean 'the turnover on which a dealer shall be liable to pay a tax as determined after making such deductions from his total turnover and in such manner as may be prescribed, but shall not include the turnover of purchase or sale in the course of inter-State trade or commerce or in the course of export of the goods out of the territory of India or in the course of import of the ...
Tag this Judgment!Court : Karnataka
Decided on : Nov-28-1983
Reported in : AIR1985Kant13; 1984(1)KarLJ458
Sabhahit, J.1. This appeal by the Asia Engineering Company is directed against the Judgment and order made by the Principal Civil Judge, Bangalore District, Bangalore, on 14-6-1979 in Original Suit No. 181 of 1978, on his file on a petition filed under S. 20 read with Ss. 8 and 9 of the Arbitration Act, dismissing the petition registered as a suit with costs.2. The petitioner prayed that the arbitration agreement as embodied in Cl. 39 of the conditions of Contract dated 4-9-1973 between him and the respondent be called and the dispute referred to the arbitrator, namely D. Venkatakrishnaiah as sole arbitrator to decide the dispute. It was alternatively prayed that in case the Court held that the reference must be made to two arbitrators the Court might give such direction.3. The facts leading up to the said petition and prayer are as under:According to Asia Engineering Company, (the plaintiff), the respondent, namely, the Life Insurance Corporation of India entrusted the work of constru...
Tag this Judgment!Court : Karnataka
Decided on : Mar-24-1983
Reported in : AIR1984Kant79
ORDER1. Heard. Rule issued.In this petition filed under Article 226 of the Constitution, the petitioners have applied for a writ of certiorari challenging Annex. C, the notification dated 2-2-1983 bearing No. RDC 16 COF 83 issued by the State Government (1st respondent herein) reconstituting the Board of Management of the Society -- Sri Halasiddanath Sahakarl Sakfiar Karkhana Ltd., Nipani (hereinafter referred to as the society) and for a writ of mandamus directed against the 1st respondent preventing it from interfering with the management of the society by the board of directors appointed on 26-8-1982 under Annexure B, the notification dated 26-8-1982 bearing No. RDC 95 COF 82.2. The petitioners are members of the Society. The 1st petitioner was also one of the members of the Board of Directors (referred to hereinafter as the Committee) constituted under Annex. B.3. The Society is registered under Karnataka Co-operative Societies Act. 1959 (the Act). It has come into being having as ...
Tag this Judgment!Court : Karnataka
Decided on : Sep-02-1983
Reported in : [1990]68CompCas267(Kar)
1. The oriental Fire and General Insurance Co. Ltd. has preferred this appeal against the judgment and award dated April 5, 1974, rendered by the Motor Accidents Claims Tribunal, Dharwar, in Miscellaneous (MVC) 16 of 1975. 2. Mr. M.R. Patil was the elected chairman of the Hubli Co-operative Cotton Sales Society Ltd., Hubli (the 'society'). He was entitled to the society's car for his official work. On August 24, 1974, he3 was travelling from Hubli to Bangalore on Poona-Bangalore road in the society's car and by by dashing against a heap of rubbles collected at the roadside for the purpose of road repairs. Mr. Patil sustained grievous injuries and died before he was taken to the hospital. He left behind 4 sons and two daughters. Two of his sons filed a petition before the Tribunal claiming compensation of Rs. 50,000 on behalf of all the children alleging that the accident was due to the rash and negligent driving of the car. 3. The claim petition was resisted by the insurance company an...
Tag this Judgment!Court : Karnataka
Decided on : Sep-02-1983
Reported in : II(1984)ACC522
Jagannatha Shetty, J.1. The Oriental Fire and General Insurance Company Ltd., has preferred this appeal against the judgment and award dated April 5, 1977 rendered by the Motor Accidents Claims Tribunal, Dharwar in Misc. (MVC) 16/1975.2. Mr. M.R. Patil was the elected Chairman of the Hubli Co-operative Cotton Sales Society Ltd., Hubli (the 'Society'). He was entitled to a Society's car for his official work. On August 24, 1974 he was travelling from Hubli to Bangalore on Poona-Bangalore road in the Society's car which was driven by the driver of the Society. The car met with an accident by dashing against a heap of rubbles collected at the road side for the purpose of road repairs Mr. Patil sustained grievous injuries and died before he was taken to the hospital. He left behind 4 sons and two daughters. Two of his sons filed a petition a before the Tribunal, claiming compensation of Rs. 50,000/- on behalf of all the children alleging that the accident was due to the rash and negligent ...
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