Karnataka Court July 1956 Judgments
K. Mohamed Peer Vs. the State of Mysore and ors.
Court: Karnataka
Decided on: Jul-26-1956
Reported in: AIR1957Kant19; AIR1957Mys19
Sreenivasa Rau, J.1. The petitioner is a holder of a permit to ply a State Carriage service between Bangalore and Mandya via Kanakapura. Respondent two holds a permit for running a State Carriage Service between Mandya and Kanakapura. It is stated by the petitioner that the State Transport Authority published a notification in the issue of the Mysore Gazette dated, 5-11-1954, proposing a change of timings in regard to petitioner's service and calling for representations or objections. Objections were heard and the State Transport Authority decided that there was no good reasons to revise the timings. Respondent two preferred an appeal to Government (respondent one) against this decision. Respondent one has passed orders altering the timings for running of the petitioner's service. As a result of this alteration the petitioner's State carriage which was reaching Kankapura at 1-30 p.m. and departing to Mandya at 1-40 p.m. was to leave Kanakapura at 3-15 p.m. which meant a halt at Kanakap...
Tag this Judgment!Nava Vs. State of Mysore
Court: Karnataka
Decided on: Jul-16-1956
Reported in: AIR1957Kant24; AIR1957Mys24; 1957CriLJ381; ILR1956KAR238
ORDER1. The petitioner has been found guilty of being in possession of counterfeit coins knowing these to be false and sentenced to undergo rigorous imprisonment for one year. The evidence relating to the coins being found with him has been believed by two Courts and there is no good reason to treat it either as insufficient or unreliable. Nevertheless the conviction is attacked on the ground that the coins are not proved to be counterfeit and that the search conducted by the police to secure these is illegal.The coins were sent to the Mint Master for examination and he communicated the opinion that these were not genuine. This is not sufficient by itself, as contended for the petitioner, in the absence of evidence by the expert before Court to conclude that the coins are false. There is however the testimony of Police Officers and the finding of the Court as also the opinion of assessors to the effect that these were faked ones. The petitioner when his attention was drawn to the evide...
Tag this Judgment!Central Karnataka Motor Services Ltd. Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Jul-13-1956
Reported in: AIR1957Kant7; AIR1957Mys7; ILR1958KAR773
Venkataramaiya, C.J. 1. The question raised in this case is whether Government has jurisdiction to interfere with an appellate order passed by the State Transport Authority under the Indian Motor Vehicles Act. Petitioner and respondent 2 are plying buses between certain places in Mysore. The Regional Transport Authority prescribed the time at which the bus of each had to start. This was changed perhaps to the advantage of the petitioner in the appeal preferred by him to the State Transport Authority. Respondent 2 thereupon approached Government for modification of this and the order of the State Transport Authority was varied. Petitioner contends that it is illegal and wants the order to be quashed in exercise of the powers of this Court under Article 226, Constitution of India. 2. It is admitted that the order cannot be assailed according to the rules framed by Government as Rule 276-A expressly provides for an appeal to It against appellate orders of State Transport Authority. This r...
Tag this Judgment!Rajasekhara and anr. Vs. Chairman, City Improvement Trust Board, Mysor ...
Court: Karnataka
Decided on: Jul-13-1956
Reported in: AIR1957Kant20; AIR1957Mys20; ILR1956KAR234
Venkataramaiya, C.J.1. Both these appeals under the Land Acquisition Act in which parties are the same may be disposed of by one order The only point for consideration is the amount payable as compensation. The properties are buildings situated in Mysore near Sayyaji Rao Road at the extremity of Lansdown Buildings. One case relates to those numbered by the Municipality as 77 to 83 and the other to what bore the number 83/1. The claim regarding the latter for increasing the amount paid by the lower Court may be first dealt with. This is said to have been a residential building facing a lane behind a row of shops.The structure was old. Its doors and windows were in a decayed condition and at the time of acquisition was not in occupation of any one but used as a godown. The lover court has accepted the value of this at Rs. 925/- but increased the value of the ground from Rs. 2/- to Rs. 10/- per square yard. This appears to be fair and appellant's counsel has not pointed out anything to ho...
Tag this Judgment!B. Nagendrappa Alias Nagaraj Vs. Sakhre Ramakrishnappa and ors.
Court: Karnataka
Decided on: Jul-11-1956
Reported in: AIR1957Kant25; AIR1957Mys25
ORDER1. I.A.I. is an application under Section 5 of the Lim. Act for condonation of the delay in presenting an application to be allowed to appeal as a pauper. It has been filed in the following circumstances:--The Petitioner filed an application in the District Court, Shimoga, for permission to sue as a pauper against the Respondents. That application being rejected be paid Court-fee on the basis of the valuation given in the plaint which was thereupon registered as O. S. 20/50-51. The defendants challenged the value placed by the plaintiff on the suit and the adequacy of court-fee paid. A Commissioner Was appointed to value the items of property which were the subject matter of the suit. He submitted his report.This appears to have been lost sight of until after both parties adduced evidence in the suit and the case had been posted for final arguments on 20th August 1954. On that day, the Counsel for some of the defendants drew the court's attention to the fact that the plaintiff had...
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