Court : Karnataka
Reported in : [1985]57CompCas639(Kar); 1984(2)KarLJ105
Venkatachaliah, J. 1. This appeal is directed against the order dated April 22, 1983, made by the learned company judge, in Company Petition No. 8 of 1980, directing advertisement of the winding-up petition filed by the State Bank of India for an order of winding up of the company M/s. Hegde and Golay Ltd., on ground that the company is unable to pay its debts and that it is just equitable that should wound up under cls. (e) and (f) of s. 433 of the Companies Act, 1956 (for short, 'the Act'). 2. Shreeshyla Industrial Employees Union (Regd.) which claims to represent the workmen of the company is aggrieved by the order of the learned company judge directing advertisement of the winding-up petition on the ground that the workmen who had a right to be heard at the stage of issue of the citation and who had made two application, C.A. No. 109 of 1980 and C.A. No. 774 of 1980, in that behalf specifically seeking an opportunity of being heard, were not afforded opportunity of being heard. 3. ...
Tag this Judgment!Court : Karnataka
Reported in : (1984)IILLJ451Kant
Venkatachalaiah, J. 1. This appeal is directed against the order dated 22nd April, 1983 made by the learned Company Judge, in Company Petition No. 8 of 1980, directing advertisement of the winding-up petition filed by the State Bank of India for an order of winding-up of the Company M/s. Hegde and Golay Limited, on grounds that the Company is unable to pay its debts and that it is just and equitable that it should be wound-up under Clauses (e) and (f) of S. 433 of the Companies Act, 1956 (for short, 'the Act'). 'Shreeshyla Industries Employees Union (Regd.)' which claims to represent the workmen of the Company is aggrieved by the order of the learned Company Judge directing advertisement of the winding-up petition on the ground that the workmen who had a right to be heard at the stage of issue of the citation and who had made two applications C.A. 109/80 and C.A. 744/80 in that behalf specifically seeking an opportunity of being heard, were not afforded an opportunity of being heard. 2...
Tag this Judgment!Court : Karnataka
Reported in : [1984]148ITR774(KAR); [1984]148ITR774(Karn); [1983]15TAXMAN438(Kar)
Puttaswamy, J. 1. M/s. Citizen Watches Company Ltd., Japan (hereinafter referred to as 'Citizen'), a company incorporated in the highly industrialised Japan under the laws of that country, with its registered office situated on 20th Floor, Shinjuku Mitsui Building, 1-1-2 Chome Nissi Shinjuku, Shinjuku-ku, Tokyo, a world leader in the manufacture of wrist watches, is the common petitioner in these cases. 2. Before India attained independence and thereafter wrist-watches manufacturing industry in the country was not well developed. With the avowed object of establishing wrist-watches industry on a firm footing in public sector, to sarve the ever growing demands for wrist-watches in the country, Government of India (hereinafter referred to as 'Government') in the later part of 1959, through its accredited representatives negotiated with the Citizen to provide the technical know-how for establishing a modern wrist-watch manufacturing industry in the country. After protracted and delicate n...
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant162; 1984(2)KarLJ218
Rama Jois, J. 1. These three appeals arise out of a common order, in W. P. Nos. 157, 158 and 212 of 1972, in which the constitutional validity of S. 101 of the City of Bangalore Municipal Corporation Act, 1949 (the Act' for short), which took away the exemption from payment of property-tax in respect of buildings and lands exclusively used for educational Purposes by educational institution not receiving grant-in-aid from the Government, had been challenged, but was rejected by the learned single Judge.2. (i) The material facts, which are not in dispute, are as follow:- The appeal in W. A. No. 210/74 is by Baldwin Girls, High School, Bangalore; the appeal W. A. No. 211/74 is by Baldwin Boys' High School, Bangalore; and the appeal in W. A. No. 253 of 1974 is by Cluny Convent High School, Bangalore.(ii) The buildings owned by the management of the three high schools are exclusively used for educational purposes. The schools have been recognised by the Education Department of the State Go...
Tag this Judgment!Court : Karnataka
Reported in : [1983]141ITR669(KAR); [1983]141ITR669(Karn); 1983(1)KarLJ132
Chandrakantharaj Urs, J. 1. This writ petition is disposed of at the stage of preliminary hearing after notice to the respondent. The counsel for parties have been heard. 2. The petitioner is a coffee planter and an assessee under the Karnataka Agrl. I.T. Act, 1957 (hereinafter) referred to as 'the Act'). In accordance with the return filed by him, he was assessed by the Agrl. ITO, respondent, in accordance with the order dated August 31, 1978. Thereafter, by a notice dated August 16, 1980, the respondent Agrl. ITO, I-circle, Chickmagalur called upon the petitioner to show cause why the order of assessment concluded on August 31, 1978, for the assessment years 1978-79 should not be rectified in respect of four matters. In the notice it was indicated that depreciation had not been calculated correctly, as a result of which a sum of Rs 8,157 came to be allowed on the declared value of the car at Rs. 32,614 at 25% of such value whereas the assessee petitioner was entitled to only 10% depr...
Tag this Judgment!Court : Karnataka
Reported in : AIR1982Kant191; 1982(1)KarLJ154
ORDER1. At the stage of admission, the respondents are notified. Accordingly, the 1st respondent has put in appearance through a counsel. Hence the matter is heard on merits2. This civil revision petition is directed against the order dt. 4-2-1981 passed on I.As. 4, 5 and 6 by the learned 2nd Additional Munsiff, Hubli, in Original Suit No. 25 of 1976 allowing the applications. I.A. No. 4 is an application filed by the plaintiff under O. 22 R. 4 of the Code of Civil Procedure (hereinafter referred to as 'the Code'), to bring the legal representatives of the deceased 1st defendant on record. I.A. No. 5 is an application u/s. 5 of the Limitation Act for condo nation of delay in filing the L. R. application. I.A. 6 is an application under O. 22, R. 9 of the Code, for setting aside the abatement. As per Exhibit D-an extract from the death register, the first defendant died on 18-11-1977. The aforesaid application came to be filed on 3-7-1980. A memo about the death of the 1st defendant was ...
Tag this Judgment!Court : Karnataka
Reported in : AIR1981Kant135; ILR1981KAR780; 1981(1)KarLJ193
1. This appeal is by 17 plaintiffs out of the original 67 Plaintiffs and is directed against the judgment and decree dated 8-10-1973 of the Civil Judge, Haveri in R. A. No. 72 of 1971 affirming the judgment and decree dated 14-8-1968 of the Munsiff Haveri in L. C. suit No. 12 of 1967.2. At Bommanahalli village of Hanagal Taluk, Dharwar District, there is a Government irrigation tank bearing R. S. No. 176. In the earlier revenue records, the tank had been given R. S. No. 97 of Needsangi village, which is now a becharak or an abandoned village. Ever since the said tank was constructed or at any rate till about 1966 or so there were two sluices or outlets regulating the supply of water to the command area or 'achakat' of the said tank. On an examination of the requirements of the land holders of the command area, in March, 1966, according to defendant No. 1, but some time in March, 1967 according to the plaintiffs, defendant No. 1 has constructed one more sluice or out-let to the said tan...
Tag this Judgment!Court : Karnataka
Reported in : 1980(1)KarLJ200; (1980)ILLJ123Kant
Rama Jois, J.1. In these four writ appeals, preferred against the orders of the single Judge dismissing the four writ petitions presented under Art. 226 of the Constitution of India, by registered owners of coffee estates under the Indian Coffee Act, 1942 (hereinafter referred to as 'the Act', the following question of law arises for consideration : 'Whether the Coffee Board, is an industry carried on by or under the authority of any Department of the Central Government or is an institution established not for purposes of profit, and consequently excepted from the application of the Payment of Bonus Act in view of cls. (iv) and (v) (c), respectively, of S. 32 of the Act ?' 2. The appellants are registered owners of coffee estates under the Act. The first respondent-Coffee Board (hereinafter referred to as 'the Board') has been brought into existence by the Act. With the approval of the Central Government, the Board decided to pay bonus to its employees under the provisions of the Payme...
Tag this Judgment!Court : Karnataka
Reported in : AIR1980Kant154
ORDER1. These writ petitions were heard together and are disposed of by a common order as they involve common questions of law.W. P. No. 410/77: In this petition under Arts. 226 and 227 of the Constitution, the petitioner who has purchased the agricultural land measuring 2 acres 31 guntas in Sy. No, 62 of Belur, Taluk Belur, district Hassan, from the 3rd respondent under a registered sale deed dated 18-7-1968, has challenged the correctness of the order passed by the Sub Divisional Magistrate, Sakaleshpur Sub Division, Sakaleshpur, in Case No. DRC. 132/766-77, 'dated 28-10-1976 allowing the application filed by the 3rd respondent under Section 4(f) of the Karnataka Debt Relief Act, 1976 (hereinafter referred to as 'the Act') and further directing the petitioner to hand over the possession to the land in question to the 3rd respondent.2. Before the Sub-Divisional Magistrate, a registered sale-deed dated 18-7-1968 and also another registered document of the same date executed by the peti...
Tag this Judgment!Court : Karnataka
Reported in : AIR1979Kant134; ILR1978KAR1355
Sabhahit, J. 1. This appeal is instituted by the original 1st respondent under Section 110-D of the Motor Vehicles Act, 1939 (to be hereinafter called the 'Act') against the judgment and award dated 16th Dec. 1975, passed by the Additional District Judge and Member, Motor Accidents Claims Tribunal South Kanara, Mangalore, allowing the petition and granting compensation of Rupees 5,500/- along with costs and interest to the claimant, 1st respondent.2. The relevant facts relating to the present appeal are:The claimant Alfred Quadres, aged about 28 years was hit by a state carriage bearing No. MYX 7247 on 21-4-1974 at about 11-00 a. m near Coondapur as a result of which he was severely injured on his left arm and on the left side head. He instituted a petition before the Claims Tribunal claiming compensation of Rs. 30,000/- from the respondents alleging that the accident was the result of rash and negligent driving of the bus in question. Respondent-1 is the owner of the bus and responden...
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