Karnataka Court November 1958 Judgments
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Narasiyana Venkappa Vs. P. Thimmappa and ors.
Court: Karnataka
Decided on: Nov-07-1958
Reported in: AIR1959Kant204; AIR1959Mys204; ILR1958KAR897; (1958)36MysLJ948
ORDERK.S. Hegde, J.1. This is an execution appeal. The appellant is the legal representative of the first judgment-debtor. The respondents decree-holders filed Ex. Case No. 440/50-51 on the file of the Munsiff, sagar, to exe-cue the decree obtained by them in O. S. No. 145 of 1929-30 on the file of that Court. The execution application was resisted by the judgment-debtor on several grounds. His objections were overruled. He went up in appeal to the learned subordinate Judge, Shimoga, in R. A. No. 15 of 1952-53. In the appeal also he failed. Meanwhile he died and his legal representative has come up in second appeal. In this appeal also several grounds were taken resisting the execution case. Only one of those grounds is pressed before me. It is contended that the judgment-debtor had Filed an application under Section 4 of the Debt Conciliation Board Act which shall be hereinafter called 'the Act' in Debt Conciliation case No. 15 of 1946-47 before the Debt Conciliation Board, Sagar. The...
Mahaboob Shahi Kulbarga Mills Co. Ltd. Vs. K. Vittal Kamath and anr.
Court: Karnataka
Decided on: Nov-07-1958
Reported in: AIR1959Kant180; AIR1959Mys180; ILR1958KAR914; (1959)IILLJ196Kant
ORDER1. The petitioner Mahaboob Shahi Kulbarga Mills Co., Ltd., hereinafter called the Company, prays for the issue of an appropriate writ, direction or order quashing the award of the Labour Court at Hubli, the 1st respondent herein, made in Industrial Dispute No. 2/1957 on its file and published by the Government of Mysore in the Mysore Gazette dated 15-5-1958. The 2nd respondent is the M. S. K. Mills Clerks Union, hereinafter referred to as the Union which raised the dispute culminating in the impugned award.2. The essential facts which are not in dispute are the following: One Sri G. R. Kembhavi wag employed as the Assistant Spinning Master of the Company. He was getting a remuneration of Rs. 332/- per month, inclusive of all allowances, By a letter dated 16-2-1957 the Company terminated the services of Kernbhavi with effect from 17-2-1957, on payment of one month's salary in lieu of notice period. On 19-2-1957 Kernbhavi wrote to the Company complaining that there was no indication...
Sharanappa Basappa Gole Vs. Secretary, Regional Transport Authority, G ...
Court: Karnataka
Decided on: Nov-06-1958
Reported in: AIR1959Kant226; AIR1959Mys226; ILR1958KAR127
Narayana Pai, J. 1. The petitioner impugns on two grounds the validity of a temporary permit granted by the 1st respondent the Secretary, Regional Transport Authority, Gulbarga Region, Culbarga, to the 2nd respondent, the Mysore Government Road Transport Department, to run a stage carriage service on the route Gulbarga to Afzalpur via Chanigapur for 4 months ending on 24-11-1958.The first ground is that the petitioner had applied for a pucoa permit on 18-7-1958, that is about a fortnight before the application by the 2nd respondent, in respect of the route Ghanipur to Afzalpur and that, therefore, the said temporary permit ought not to have been granted during the pendency of the petitioner's application. The second ground is that neither the 2nd respondent's application for a temporary permit nor the order of the 1st respondent granting the application discloses or states any reason which would bring the case within the provisions of Section 62 of the Motor Vehicles Act.2. We will tak...
Kanakarathnammal Vs. V.S. Lognatha Mudaliar and ors.
Court: Karnataka
Decided on: Nov-03-1958
Reported in: AIR1959Kant112; AIR1959Mys112; ILR1958KAR878
N. Sreenivasa Rau, J.1. This is an application under Article 133 of the Constitution for leave to appeal to the Supreme Court against the decision of this Court in R. A. 171 of 1951-52. The suit from which the appeal arose was one filed by the present petitioner for the recovery from defendants 1 and 2 of certain items of property to which the plaintiff claimed to have succeeded as her monther's heir and of one jewel from defendant 3 on the ground that it belonged to her, i.e., the plaintiff and had been given to the 3rd defendant's custody by her father.The trial court dismissed the suit against defendants 1 and 2 and granted a decree for the recovery of the jewel on payment of Rs. 109-7-9 claimed by defendant 3 on the footing that he had a lien for the amount. The plaintiff preferred an appeal against the dismissal of the suit as against defendants 1 and 2 as also in respect of the condition imposed that she should pay the amount mentioned above to defendant 3 before she could recove...
K. Venkata Rao Vs. the State by the Registrar of Companies, Mysore, Ba ...
Court: Karnataka
Decided on: Nov-02-1958
Reported in: [1966]36CompCas606(Kar)
ORDERNarayana Pai, J.1. The petitioner was appointed voluntary liquidator of a company called Rural Commercial Syndicate Ltd., by a special resolution of the company dated 2nd November, 1958. Under section 551 of the Companies Act of 1956 he had to file statements mentioned in the section with the Registrar of Companies periodically. It appears he was filing such statements regularly until he committed default in respect of a statement relating to the period May 2, 1963, to November 1, 1963, which was due to be filed with the Registrar on on before JAnuary 1, 1964. After issuing notice to him to rectify the omission, the Registrar instituted criminal prosecution against him before the First Class Magistrate, Civil Station, Banglore. 2. The petitioner admitted his default and pleaded guilty, but placed certain circumstances before the Magistrate on the strength of which he prayed that he be pardoned. It also appears that the necessary statement was filed by him after the presentation of...
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