Karnataka Court December 1958 Judgments

Appaji Krishnaji Kulkarni Vs. Bhimappa Tippanna Paramagouda and ors.

Court: Karnataka

Reported in: AIR1959Kant108; AIR1959Mys108; ILR1959KAR150

M. Sadasivayya, J.1. The petitioner in this petition under Article 227 of the Constitution was the opponent-landlord in Revision Application No. TEN/B/3535 of 1936 on the file of the Bombay Revenue Tribunal. The present Respondent No. 1 was the applicant-tenant in the said revision application. In that revision application, the Bombay Revenue Tribunal by its order dated 10-9-1956 set aside the order which had been passed by the Prant Officer in favour of the landlord and dismissed the original application which had been filed by the landlord, for possession of the land of which the applicant in the revision application was the tenant. The present petition under Article 227 is directed against the said order passed in revision by the Bombay Revenue Tribunal.2. On behalf of the tenant-respondent No. 1, it has been contended firstly, that this Court has no jurisdiction to interfere under Article 227, and secondly, that even if it is held that this Court has jurisdiction, there are no good...

Syed Usman Sah Vs. State of Mysore and anr.

Court: Karnataka

Reported in: AIR1960Kant93; AIR1960Mys93; ILR1959KAR351

A. Narayana Pai, J.(1) The petitioner is a P. W. D. contractor working in the Thungabhadra Project area. He had entered into contracts with the Superintending Engineer, Thungabhadra Hydro electric Scheme for construction of staff quarters at Kamalapur. In response to notices issued by the Deputy Commercial Tax Officer, Hospet, he made a return of a gross turnover of Rs. 30845-11-0 in respect of the year 1953-54, but claimed complete exemption from tax thereon on the ground that the entire turnover related to works contracts which could not be taxed in view of the decision of the Madras High Court reported in Cannon Dunkerley and Co., (Madras) Ltd. v. State of Madras, AIR 1954 Mad 1130.The Officer, however, declined to accept this contention of the petitioner and levied sales tax determining the petitioner's turnover in accordance with the rules in force in Madras area relating to determination of turnover in respect of works contracts. This was by an order dated 29-6-1954 in Assessment...

Syed Usman Sah Vs. State of Mysore and anr.

Court: Karnataka

Reported in: [1960]11STC312(Kar)

Narayana Pai, J. 1. The petitioner is a P.W.D. contractor working in the Thungabhadra Project area. He had entered into contracts with the Superintending Engineer, Thungabhadra Hydro-Electric Scheme for construction of staff quarters at Kamalapur. In response to notices issued by the Deputy Commercial Tax Officer, Hospet, he made a return of a gross turnover of Rs. 30,845-11-0 in respect of the year 1953-54, but claimed complete exemption from tax thereon on the ground that the entire turnover related to works contracts which could not be taxed in view of the decision of the Madras High Court in Gannon Dunkerley and Co. (Madras) Ltd. v. State of Madras ([1954] 5 S.T.C. 216; A.I.R. 1954 Mad. 1130). The Officer, however, declined to accept this contention of the petitioner and levied sales tax determining the petitioner's turnover in accordance with the rules in force in Madras area relating to the determination of turnover in respect of works contracts. This was by an order dated 29th J...

S. Sridhar Rai Vs. the Secretary, Regional Transport Authority, Kolar ...

Court: Karnataka

Reported in: AIR1959Kant120; AIR1959Mys120

M. Sadasivayya, J.1. The petitioner operates a transport service under the name and style of 'Muragan Transport, K.G. F.' In the year 1950, he has been given a permit to operate a bus service between Kempapuram and Ramasanmdram bonier via. Mulbagal, Gukunte and Mulbagal and Mallanaikanahalli. The 2nd respondent who is the proprietor of a bus service known as 'M.B.S. Express Service' made an application on 12-8-1958 to the Regional Transport Authority, Kolar, who is the third respondent, praying for a temporary permit between Mulbagal and Gukunte, Mulbagal and Byapanahalli, and Mulbagal and Mallanaikanahalli; he was granted on 6-9-1958, by the third respondent a permit for a period of one month only.Instead of availing himself of the permit so granted, the 2nd respondent made another application on 22-9-1958 to the third respondent praying that he should ho granted a temporary permit for a period of four months at a stretch as the prior grant made for one month only would prove uneconom...

Mysore Kirloskar Employees' Association Vs. Industrial Tribunal, Banga ...

Court: Karnataka

Reported in: AIR1959Kant235; AIR1959Mys235; ILR1959KAR135; (1959)ILLJ531Kant

ORDER1. The petitioner is an association of employees of the respondent 2 the Mysore Kirloskar, Ltd., under the provisions of the Industrial Employment (Standing Orders) Act (Central Act XX of 1946), hereinafter referred to as the Act, the respondent 2 filed a draft of standing orders before the Labour Commissioner in Mysore, who is the certifying officer under the Act for certification. Before certifying the draft standing orders, the certifying officer is said to have made many modifications therein. In making those modifications the certifying officer virtually substituted for the draft standing orders the model standing orders prescribed by the Government under the Act. Both sides were dissatisfied with the order of the certifying officer and therefore presented appeals under S. 6 of the Act before the appellate authority prescribed under the Act, viz., the Industrial Tribunal, Bangalore, who is the respondent 1 in this petition. The Employees' Association being dissatisfied with t...

Mysore Kirlosker Employees Association Vs. Industrial Tribunal, Bangal ...

Court: Karnataka

Narayana Pai, J. 1. The petitioner is an Association of employees of the 2nd respondent, the Mysore Kirloskar Ltd, Under the provisions of the Industrial Employment (Standing Orders) Act (Central Act XX of 1946), hereinafter referred to as the Act, the 2nd respondent filed a draft of standing orders before the Labour Commissioner in Mysore, who is the certifying officer under the Act for certification. Before certifying the draft standing orders, the Certifying Officer is said to have made many modifications therein. In making those modifications the Certifying Officer virtually substituted for the draft standing orders the model standing orders prescribed by the Government under the Act. Both sides were dissatisfied with the order of the Certifying Officer and therefore presented appeals under Section 6 of the Act before the Appellate authority prescribed under the Act, viz., the Industrial Tribunal, Bangalore, who is the 1st respondent in the petition. The Employees' Association bein...

T. Govindaswamy Vs. Income-tax Officer, Special Survey Circle, Bangalo ...

Court: Karnataka

Reported in: [1960]38ITR197(KAR); [1960]38ITR197(Karn)

Narayana Pai, J. 1. This petitioner, who is a partner of a firm called 'Unni & Co.', prays for the issue of an appropriate writ to wash the proceedings initiated by the second respondent, the Deputy commissioner, Bangalore District, to recover from the petitioner income-tax due by the said firm on the strength of a certificate under Section 46(2) of the Indian Income-tax Act issued by the first respondent, the Income-tax Officer. Special Survey Circle, Bangalore. 2. For the assessment year 1953-54 the said firm was assessed as an unregistered firm under an order of assessment dated March 15, 1954, made by the first respondent officer. A sum of Rs. 70,206-10-0 was determined as the income-tax payable by the firm, a notice of demand under section 29 of the Act was also served on the firm. Deducting a small sum said to have been paid by one of the partners, a balance of Rs. 67,923-1-3 remained unpaid. The first respondent thereupon issued to the second respondent a certificate under secti...

Talwar Hanumappa Holiyawwa and ors. Vs. Tirakappa Holiyavva Madar and ...

Court: Karnataka

Reported in: AIR1959Kant211; AIR1959Mys211; ILR1959KAR125

Narayana Pai, J. 1. These two Writ Petitions arise out of an election to the Panchayat of Hirebidri village, Ranebennur, held on 7-1-1957. Writ Petition 161/57 relates to Ward No. 3 and W. P. 162/57 relates to Ward No. 1. Ward No. 3 had 2 general scouts and 1 seat re-served for Scheduled Castes. Petitioners 1 and 2 in Writ Petition 161/57 were elected to the general seats securing respectively 180 and 181 votes, the other two candidates who lost having secured 150 and 149 votes; the 3rd petitioner was elected to the reserved seat securing 172 votes, the only other contestant to that seat having secured 145 votes. Ward No. 1 had 3 seats all of which are general seats.The 3 petitioners in Writ Petition 162/57 were elected to these 3 seats having secured 172, 164 and 161 votes respectively, the other 3 unsuccessful contestants securing 141, 136 and 131 votes. On 29-1-1957 the 1st respondent in Writ Petition 161/57 presented before the Prant Officer, Haveri, exercising the powers of Collec...

V. Munisamappa Vs. Krishnamma

Court: Karnataka

Reported in: AIR1959Kant150; AIR1959Mys150

ORDER1. The petitioner in this revision petition is the husband and the respondent is his wife. It appears that the petitioner took a second wife some years age. By his marriage with the first wife who is the respondent, he had a child who is still a minor aged about ten years. In the Court below the petitioner made an application under the provisions of Section 25 of the Guardians and Wards Act for the restoration of the custody of his minor daughter to him. By an order made on December 17, 1956, that application was dismissed. But in the course of the order dismissing that application, the learned District Judge gave the following direction: 'The petitioner may take steps to get the minor girl Rhigarathnam admitted into the St. Teresa's School and the Hostel bearing all the expenses therefor. The minor girl shall stay with her mother during holidays. The petitioner may see her either in the respondent's house or in the hostel at all convenient times. He shall however not take her to ...