Karnataka Court September 1958 Judgments

Workers of Mysore Kirloskar Ltd. Vs. Mysore Kirloskar Ltd.

Court: Karnataka

Reported in: (1959)ILLJ329Kant

Acts/Rules/Orders: Industrial Disputes Act, 1947 - Sections 10(1) and 25FAWARD1. In exercise of the powers conferred by Clause (d) of Sub-section (1) of S. 10 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), the Government of Mysore in their order No. L.S. 8446/L, W. 19-56-66, dated 30 July, 1957, referred to this tribunal for adjudication the industrial dispute existing between the above parties and comprising of the points of dispute specified in the said order and mentioned hereunder : 'Are the employees of the Mysore Kirloskar, Ltd., Harihar, entitled to three months' additional bonus for the year 1954-55 ?' * * * 2. At this stage it may be useful to refer to a few facts relating to the working of this company and to the demand made under reference. This is a public limited company with an authorized and issued capital of Rs. 25 lakhs as at 30 June, 1958. Ever since it was incorporated seventeen years ago, it has made steady progress from year to year and has come t...

Elias Saleh Mohamed Sait and ors. Vs. Khanmull and ors.

Court: Karnataka

Reported in: AIR1959Kant102; AIR1959Mys102; ILR1958KAR724; (1958)36MysLJ868

K. S. Hegde, J. 1. These arc connected appeals. They arise out of the decree and judgment of the learned District Judge, Civil Station, Bangalore, in O. S. No. 59 of 1949-50.2. Appellants in Regular Appeal No. 154 of 1952-53 are defendants 1 to 7 in the suit, The plaintiff is the appellant in the connected Regular Appeal No. 196 of 1952-53. The suit in question was instituted on the foot of two mortgage deeds dated 12-1-1937 and 14-6-1937, executed by defendants 1 and 2 in conjunction with their deceased brother Ahmed Saleh Mohamed Sait. The principal sum secured, under the first mortgage is Rs. 20,000/-and under the second mortgage is Rs. 24.000/-.A sum of Rs. 51,200/- was claimed with future interest under the first mortgage marked as Exhibit1 and a further sum of Rs. 60,200/- with future interest was claimed under the second mortgage marked as Exhibit II. The defendants admitted the execution of the suit mortgages but they pleaded that these deeds were executed under fraud, coercion...

Narasu and ors. Vs. Narayan Krishnaji and ors.

Court: Karnataka

Reported in: AIR1959Kant233; AIR1959Mys233; ILR1958KAR718

Hegde, J. 1. The appellants are some of the respondents in Regular Dharkast No. 204 of 1947 on the file of the learned Civil Judge, Senior Division, Belgaum. The first respondent is one of the petitioners (decree-holder) in the trial Court.2. Regular Dharkast No. 204/47 purports to be an execution petition. In that petition, the representatives of the decree-holders in O. S. No. 119 of 1890 on the file of the learned Civil Judge, Senior Division, Belgaum, applied to the Court below to send the said decree to the Collector of the District for partitioning the property under Order XX, Rule 18 (1), C. P. C. The respondents therein are said to be the representatives of the original judgment-debtors. Most of the respondents resisted the application on several grounds including the ground of limitation.3. To understand the scope of the controversy, it is necessary to state a few more facts. The trial Court's decree in O. S. No. 119 of 1890 had been modified by the High Court of Bombay. After...

H.N.S. Iyengar Vs. First Additional Income-tax Officer, Mysore City

Court: Karnataka

Reported in: AIR1960Kant77; AIR1960Mys77

S.R. Das Gupta, C.J.1. The Petitioner before us was assessed under the Indian Income-tax Act for the assessing year 1948-49. On 27th November 1956 he was served with a notice under Section 34 of the Income-tax Act. In the said notice it was stated that whereas the Income-tax Officer has reason to believe that the income of the Petitioner assessable to income-tax for the year ending 31st March 1949 has escaped assessment, he is required to deliver within 35 days of the receipt of this notice a return in the attached form of his total income and world income assessable for the year ending 31st March 1949.The Petitioner appeared before the Income-tax Officer pursuant to the said notice and challenged the right of the Income-tax Officer to proceed under the said section. The main contention of the Petitioner before the authority concerned was that the notice was given beyond the period mentioned in Section 34 of the Income-tax Act. The Income-tax Officer did not accept that contention. The...

C.L. Hajee Abdul Subhan and Co. Vs. Commissioner of Commercial Taxes

Court: Karnataka

Reported in: AIR1959Kant201; AIR1959Mys201; [1960]11STC113(Kar)

A.R. Somnath Iyer, J.1. The petitioner in this Writ Petition was an assesses whose turnover was taxed under the provisions of the Mysore Sales Tax Act, 1948. A revision petition preferred by him in respect of that assessment was pending before the Mysore Board of Revenue, which under the provisions of Section 4 (1) of the Mysore Board of Revenue Act, was empowered to hear and dispose of revision petitions presented under the provisions of the Mysore Sales Tax Act, 1948.On the date on which that revision petition was posted for arguments, it was dismissed for default by the Board on account of the non-appearance of the assesses or his Counsel. The assessee then made an application for the restoration of that revision petition and when that application was still pending before the Board, the Board itself was abolished by the provisions of the Mysore Revenue Appellate Tribunal Act (Mysore Act No. 24 of 1957). Meanwhile the Mysore Sales Tax Act, 1948 was replaced by the Mysore Sales Tax Ac...

N. Varadachar Vs. Commissioner of Commercial Taxes, Mysore

Court: Karnataka

Reported in: [1960]11STC94(Kar)

ORDERDas Gupta, C.J. 1. The petitioner before us was assessed to pay sales tax for the year 1954-55 by the Sales Tax Officer, Mysore. Against the said order of assessment he filed an appeal before the Deputy Commissioner of Sales Tax, Mysore. That appeal was dismissed on 31st January, 1957. Against that order a revision petition was filed before the Mysore Board of Revenue. On 1st October, 1957, Act 25 of 1957 came into force and on 1st December, 1957, Act 24 of 1957 came into force. On 12th October, 1957, the Board of Revenue transferred the said revision petition to the Commissioner of Commercial Taxes. This order of transfer, it should be noted, was made after Act 25 of 1957 but before Act 24 of 1957 came into force. On 2nd April, 1958, this revision petition was dismissed by the Commissioner of Commercial Taxes. The present petition is directed against the said order of dismissal and the ground on which it is founded is that the Commissioner of Commercial Taxes had no jurisdiction ...

M.V. Muddaveeriah and ors. Vs. State of Mysore

Court: Karnataka

Reported in: AIR1959Kant272; AIR1959Mys272; 1959CriLJ1459; (1958)36MysLJ935; [1960]11STC39(Kar)

ORDER1. The petitioners had once been prosecuted in C. C. No. 583 of 1957 for failure to pay certain tax payable under Motor Spirit (Taxation on Sales) Act, 1949. The amount of tax then claimed was Rs. 4,333.59nP. After charges had been framed against the petitioners, the prosecutor, the Sales Tax Officer and the petitioner came to an understanding regarding the payment of this tax, in consequence of which the prosecution was withdrawn and an order of acquittal was passed under the provisions of Section 494(b) of the Code of Criminal Procedure.2. After a portion of the tax had been paid pursuant to the said understanding between the parties, a balance of about Rs. 987/- was alleged to be still in arrears, and therefore, this second prosecution in C. C. No. 385 of 1958 was commenced. The petitioners plead that the present prosecution was not maintainable in view of the provisions of Section 403 of the Code of Criminal Procedure. This plea has been rejected on the view that the facts are...

M.V. Muddaveeriah and ors. Vs. the State of Mysore

Court: Karnataka

ORDER1. The petitioners had once been prosecuted in C.C. No. 583 of 1957 for failure to pay certain tax payable under the Motor Spirit (Taxation on Sales) Act, 1949. The amount of tax then claimed was Rs. 4,333-59 nP. After charges had been framed against the petitioners, the prosecutor, the Sales Tax Officer and the petitioners came to an understanding regarding the payment of this tax, in consequence of which the prosecution was withdrawn and an order of acquittal was passed under the provisions of section 494(b) of the Code of Criminal Procedure. 2. After a portion of the tax had been paid pursuant to the said understanding between the parties, a balance of about Rs. 987 was alleged to be still in arrears, and, therefore, this second prosecution in C.C. No. 385 of 1958 was commenced. The petitioners plead that the present prosecution was not maintainable in view of the provisions of section 403 of the Code of Criminal Procedure. This plea has been rejected on the view that the facts...

Subrao Vs. Bhupal Dasharath Katte and ors.

Court: Karnataka

Reported in: AIR1959Kant129; AIR1959Mys129; ILR1958KAR677; (1958)36MysLJ898

M. Ahmed Ali Khan J. 1. This is an appeal filed by defendant I against the judgment and decree of the Civil Judge, Senior Division Belgaum, dated 31st December 1951 in O. S. No. 47 of 1950 decreeing the plaintiffs' suit which was for declaration that the decisions given by the Revenue Courts in respect of the suit lands were ultra vires, without jurisdiction void and illegal and that the defendants have no right to increase the rent or to seize possession of the suit lands granted hy the ancestors nf defendant 1 to the ancestors of plaintiffs, and also for the recovery of the amount spent over improving the lands, etc., and for mesne profits. 2. The subject matter of this litigation relates to Survey Nos. 162 and 163 situated at Nasalapur in Raibagh Mahal of former Kolhapur State. The old Survey Number of S. Nos. 162 and 163 was 143. The old S. No. 143 belongs to the family of defendant 1. These suit lands are Beshgat Watan Lands. The plaintiffs' case was that the grandfather of defend...

Raghunath Shamrao Alias Krishna Rao Deshpande Vs. Yadav Sambhaji Hatti ...

Court: Karnataka

Reported in: AIR1959Kant177; AIR1959Mys177; 1959CriLJ878; ILR1958KAR661; (1958)36MysLJ892

ORDER1. This is a revision petition filed by the Petitioner against the order dated 9-4-1958 passed by the District Magistrate, Belgawn, in Criminal Revision Application No. D.C./MGA--4329, setting aside the order passed by the Sub-Divisional Magistrate, Belgaum City dated 30-10-1957 in Criminal Mis. Case No. 4 of 1956. In order to appreciate the arguments advanced, it is necessary to mention the facts of the case which may be briefly stated as follows:2. The houses of the parties are adjacent to each other. It is stated that there are four windows on the second floor and two windows on the third floor of the petitioner's house. The house of the respondents, which is adjacent to the western wall of the petitioner's house, has a low roof and the windows of the petitioner's house are above its level. The petitioner made an application to the Sub-Divisional Magistrate, Belgaum City under Section 147 Cr. P. C. complaining that the Respondents wrongfully and unauthorized obstructed the use ...