Karnataka Court October 1957 Judgments
S.B. Javaregowda Vs. Lakkigowda and ors.
Court: Karnataka
Decided on: Oct-30-1957
Reported in: AIR1958Kant73; AIR1958Mys73
K.S. Hegde, J.1. The appellant before us was the respondent in Miscellaneous Case No. 54 of 1956 on the file of the Subordinate Judge, Mysore, who tried this case as Election Commissioner under Section 20 of the Mysore Town Municipalities Act, 1551 (Act XXII of 1951). The said petition was filed by the respondents who claimed to be persons qualified to vote at the election held on 8-3-1956 to the Saligrama Town Municipality. The respondent in that petition and the appellant herein was declared elected to the VIIth Division of the said Municipality. The election was duly notified in the Mysore Gazette on 10-5-1956.2. The validity of the election of the appellant was challenged on as many as 7 grounds. The learned Election Commissioner rejected 6 out of the 7 grounds urged but set aside the election on the ground that the appellant was riot duly qualified to be a voter and as such could not validly offer himself as a candidate m the said election. The appellant questions the correctness ...
Tag this Judgment!Indian Sugars and Refineries Ltd. Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Oct-18-1957
Reported in: AIR1958Kant64; AIR1958Mys64; ILR1957KAR359; (1958)36MysLJ34
S.R. Das Gupta, C.J. 1. The petitioner before us is the India Sugars and Refineries, Ltd., Hospet. In this petition the petitioner is challenging the validity of Section 14 of the Madras Sugar Factories Control (Mysore Amendment) Act and the rules framed thereunder. The facts leading up to this petition may be shortly stated as follows: The Government of Madras had passed an enactment known as the Madras Sugar Factories Control Act no. XX of 1949 dated 13-7-1949.The object of the said Act, as it appears from the preamble thereof, was to provide for the licensing of sugar factories and regulating the supply and the prices of sugarcane used in such factories and for other incidental matters. Sub-section (1) of Section 14 of the said Act authorised the Government, after consulting the Advisory Committee to be set up under the said Act, to levy a cess not exceeding four annas per standard maund as defined in the Standards of Weight Act, 1939, on sugarcane brought into any area specified in...
Tag this Judgment!V.K. Srinivasa Setty Vs. Premier Life and General Insurance Co. Ltd.
Court: Karnataka
Decided on: Oct-09-1957
Reported in: AIR1958Kant53; AIR1958Mys53
Somnath Iyer, J. 1. The plaintiff was the owner of a Studebaker Champion Motor Car. On June 24, 1949 he signed a proposal (Ex. I) for insuring this motor carwith the defendant, (hereinafter called the company) against loss or damage to it and third party liability arising from its use. On that proposal, a policy (Ex. II dated July 26, 1949 was issued by the Company insuring the car for one year, so far as material to this case, against any damage occasioned by accidental external means.The policy contained a recital that the proposal and declaration as stated in the schedule to that policy shall be the basis of the contract between the parties and shall be deemed to be incorporated in it. The policy was made subject to the conditions contained in it or endorsed thereon. One of those conditions provided that the due observance and fulfilment of such conditions and the endorsements and the truth of the statements and answers in the proposal shall be conditions precedent to the liability ...
Tag this Judgment!V. Mariyappa and ors. Vs. B.K. Puttaramayya and ors.
Court: Karnataka
Decided on: Oct-08-1957
Reported in: AIR1958Kant93; AIR1958Mys93; (1957)35MysLJ385
N. Sreenivasa Rau, J. 1. This appeal relates to an institution known as the Sahajananda Bharathi Mutt situated in Bangalore City. There is a temple of the deity Omkareswara in the Mutt. The plaint if is claiming that they were the disciples of the Mutt which was a public institution, filed the suit out of which this appeal arises for the formulation of a scheme for the proper and efficient Management of the institution after removing defendants 1 to 11 who claimed to be in charge of the institution as members of the Managing Committee. Defendant 12, according to the plaintiffs, was the presiding Swami of the institution, having succeeded to that office according to tradition and usage which required that a Sanyasi should be the head of the Mutt, and had been in charge of its management with the help of an advisory Board. This Board did not function properly and later on two of the members i.e., defendant 1 and one Narayana Kao deceased, purported to appoint the others as members of the...
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