Karnataka Court January 1959 Judgments
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Putte Gowda Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Jan-30-1959
Reported in: AIR1960Kant243; AIR1960Mys243; ILR1959KAR356
S.R. Das Gupta, C.J. (1) The Petitioner before us challenges in this writ petition the order passed by the Government cancelling the previous grant which was made to him and dividing the lands between himself and respondents 5 and 6.(2) The facts of this case would appear more clearly from the recommendation made by the Revenue Commissioner to the Government on 14th November 1955 than from the petition or from the counter-affidavit which are filed before us. It appears from the said reference that the Deputy Commissioner had submitted to the Revenue Commissioner for confirmation of the lease grant of the lands in dispute made to the petitioner at an upset price of Rs. 500 per acre. The Revenue Commissioner in his turn recommended to the Government that the lease grant in respect of the lands in question in favour of the petitioner may be confirmed at an upset price of Rs. 600 per acre.It appears from the records of the Government relating to this matter, which have been produced before...
Revappa Vs. Madhava Rao and anr.
Court: Karnataka
Decided on: Jan-22-1959
Reported in: AIR1960Kant97; AIR1960Mys97
Mir Iqbal Husain, J.(1) This appeal raises several interesting issues, and is against differing judgments of the Courts below; the trial court decreed the plaintiff's suit. The District and Session Judge, Bidar, reversed that decision and held in favour of the second defendant Madhava Rao who is the contesting respondent in this appeal. Plaintiff Revappa, minor by guardian Karibasappa has come up by way of second appeal.(2) The facts of the case are briefly as follows: it is contended on behalf of the plaintiff revappa, minor by his natural father Karibasappa that he is in the case. According to the plaint, the adoption has taken place on the 18th of Kurdab 1356F. But there is no document to evidence the adoption.It is contended on behalf of the plaintiff that due to certain circumstances Madappa came under the influence of the second defendant Madhava Rao, the contesting respondent in the present appeal and while he was so under his influence, on the 11th of Aban, 1358 F Madappa execu...
Guduthur Thimmappa and Son, Raicher Vs. the Commissioner of Income-tax
Court: Karnataka
Decided on: Jan-21-1959
Reported in: AIR1960Kant101; AIR1960Mys101; ILR1959KAR183
Iqbal Husain, J.(1) This is an application filed by the Assessees Messrs. Gudathur Thimmappa and Son, Raichur to direct the Appellate Tribunal to refer the question of law arising in the case for the decision of this Court under S. 82 (2) of the Hyderabad Income-tax Act. The facts of the case are briefly as follows :(2) A notice under S. 30(2) of the Hyderabad Income-tax Act was given to the assessees for the return of their income. The return of income was due on 25-6-1949 and a 'NIL' income return was filed by the assessees. The assessees were asked to appear with the account books and other evidence in support of their return of income. The last notice under S. 30(4) of the Hyderabad Income-tax Act was served on the assessees on 19-9-1951 to produce their books on 22-9-1951. The petitioners-assessees prayed for an adjournment but the Income-tax officer, Raichur Circle as per his order dated 30-9-1951 refused the adjournment prayed for. Thereupon the assessees applied for cancellatio...
S. Nanjundeswar Vs. State of Mysore
Court: Karnataka
Decided on: Jan-20-1959
Reported in: AIR1960Kant159; AIR1960Mys159
S.R. Das Gupta, C.J.(1) The petitioner before us was a Sub-Inspector of Police and he was in the II Grade. He has been reduced to the rank of a Jamadar for two years by order of the Government dated 24-8-1957. It is this order which the petitioner is challenging in this writ petition.(2) In appears that in June 1953 four charges were framed against him. An enquiry was made on those charges. During the course of the made on those charges. During the course of the enquiry another additional charge was added and the said charge was also enquired into. 25 witnesses were called in support of the charges. It is not disputed that some of the statements of those witnesses were not recorded in the presence of the officer who conducted the enquiry. The statements of those witnesses were recorded by the Police Inspector behind the back of the petitioner. Those statements were produced before the enquiring officer and it appears from the record that the same were read over to the witnesses and the...
Padma Gowda Vs. Yuvaraja Hegde
Court: Karnataka
Decided on: Jan-19-1959
Reported in: AIR1960Kant337; AIR1960Mys337; ILR1960KAR935
ORDER(1) The petitioner instituted Civil Suit No. 3 of 1956 in the Kabaka Panchayat Court in the District of South Kanara, against the respondent and obtained a decree against him for a sum of Rs. 85-4-0. Against that decree, the respondent presented a revision petition under section 73 of the Madras Village Courts Act, to the District Munsiff of Puttur. That revision petition was allowed and the decree made by the Panchayat Court was set aside. Meanwhile, in S. E. P. 268 of 1958, in the Court of the District Munsiff to whom the decree had been transmitted for execution, the decretal amount was recovered from the respondent.(2) When the proceedings went back to the Court of the Village Panchayat as a result of the order made by the District Munsiff in revision, the petitioner made a statement to the panchayat Court that he would not press his suit which was accordingly dismissed.(3) After the reversal of the decree of the panchayat Court by the District Munsiff the respondent made an a...
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