Karnataka Court July 1959 Judgments
G.B. Mallakarjuniah Vs. J.S. Kanniah Setty and ors.
Court: Karnataka
Decided on: Jul-28-1959
Reported in: AIR1961Kant64; AIR1961Mys64
Somnath Iyer, J. 1. This is a plaintiffs appeal from a decree of the District Judge, Bangalore, in a suit brought by him for a decree for proprietary possession of two shops, two houses and a garden in the town of Tumkur. In that suit, he also claimed a sum of Rs. 9,920/-as damages for use and occupation from defendants 1 to 6. 2. Defendant 4 was the elder brother of defendant-1. He died during the pendency of this appeal and his sons defendants 5 and 6 were brought on record as his legal representatives. Defendants 2 and 3 are the sons of defendant 1. All these are Hindus governed by the Mitakshara school of Hindu Law. 3. The suit properties are admittedly part of what was purchased under two sale deeds Exhibits P and TT on 12-5-1913, and March 18, 1915, respectively. Those sale deeds were executed in favour of the defendant 4. Exhibit P was executed in favour of defendant 4 by one Abdul Azeez Saheb, who was a retired Assistant Commissioner; the consideration paid under that sale-deed...
Tag this Judgment!Printers (Mysore) (Private) Ltd. Vs. Labour Court, Bangalore and ors.
Court: Karnataka
Decided on: Jul-24-1959
Reported in: (1960)ILLJ201Kant
ORDERNittoor Srinivasa Rau, J.1. This writ petition arises from an Industrial dispute referred by the Government of Mysore to the Labour Court, Bangalore. The dispute purported to to be between a limited liability company known as the printers (Mysore) (Private), Ltd., and the workmen employed by that company. It related to the claims of respondent 2, Pothan Joseph, whose services as the editor of a newspaper run by the company, viz., Deccan Herald, were alleged to have been illegally terminated. 2. The Court posted the case to 4 November, 1958 on which date the secretary of the company, K. A. Nettakallappa, appeared. After two more dates of hearing when the statement of claim and the counter to it were filed, the case was adjourned to 20 December, 1958 for the filing of a rejoinder by the I party. On that day, i.e., 20 December, 1958, the II party, i.e., the management (company) sent an assistant accountant in their employment to represent the company. The I party objected to such rep...
Tag this Judgment!The Printers (Mysore) Private Ltd. Vs. the Presiding Officer, Labour C ...
Court: Karnataka
Decided on: Jul-24-1959
Reported in: AIR1960Kant44; AIR1960Mys44; ILR1959KAR557
N. Sreenivasa Rau, J.(1) This Writ Petition arises from an industrial dispute referred by the Government of Mysore to the Labour Court, Bangalore. The dispute purported to be between a limited liability company known as the Printers (Mysore) Private, Ltd., and the workmen employed by that company. It related to the claims of Respondent 2 Pothan Joseph, whose services as the editor of a newspaper run by the company, viz., 'Deccan Herald', were alleged to have been illegally terminated.(2) The Court posted the case to 4-11-58 on which date the Secretary of the Company, K. N. Nettakallappa, appeared. After two more dates of hearing when the statement of claim and the counter to it were filed, the case was adjourned to 20-12-58 for the filing of a rejoinder by the.I party. On that day, i.e., 20-12-58 the II Party, i. E., the Management (Company) sent an Assistant Accountant in that employment to represent the Company. The I Party objected to such representation. The Court observed that the...
Tag this Judgment!Pamadi Subbarama Chetti Vs. Mirza Zawar Ali
Court: Karnataka
Decided on: Jul-23-1959
Reported in: (1959)IILLJ524Kant
ORDER1. This revision petition is directed against the judgment dated 17 February 1959 of the City Magistrate, Bengalore, in Criminal Case No. 5462 of 1958, convicting the petitioner for an offence under Para. 76 of the Employees' Provident Fund Scheme read with S. 14(2) of the Employees' Provident Funds Act and sentencing him to pay a fine of Rs. 50 and in default to suffer simple imprisonment for fifteen days. 2. The facts of the case briefly stated are as follows :- The petitioner was one of the two partners of a partnership firm run under the name and style of Sri Rama Weaving Shed which was engaged in manufacturing silk goods. This firm was in existences at the time the Employees' Provident Funds Act, 1952 (Act XIX of 1952), came into force on 1 November, 1952. The factory had employed more than fifty persons and therefore the Act automatically applied to the same. The rules framed under the Employees' Provident Funds Act cast a duty on every employer of a factory to which the Act...
Tag this Judgment!Workmen of Commonwealth Hosiery Factory, Mangalore and ors. Vs. Common ...
Court: Karnataka
Decided on: Jul-23-1959
Reported in: ILR1958KAR206; (1960)ILLJ143Kant
ORDER1. This common order relates to the question whether Sri V. K. Krishna Menon, Barrister-at-law, and a legal practitioner in Kerala State, may or may not be permitted to represent the second party management in all these cases. On behalf of the workmen in I.T. No. 24 of 1958 and I.T. Nos. 17 and 21 of 1959, Sri D. Mohan Rao, President of the Sough Kanara General Labour Union and also a practising advocate, has opposed the request of the management; and on behalf of the workmen in I.T. No. 13 of 1959 Sri A. Shantharam Pai, President of the South Kanara Trade Union Congress, has opposed the representation by Sri Krishna Menon. 2. In all the authorizations issued by the management to Sri V. K. Krishna Menon, the latter is described as the honorary legal adviser to the Calicut Chambers of Commerce of which the Commonwealth Trust, Ltd., is a member. The fact that he is an honorary legal adviser to the Calicut Chambers of Commerce has not been disputed for the workers. Sri Shantharam Pai...
Tag this Judgment!Pamadi Subbarama Chetty Vs. Mirza Zewar Ali
Court: Karnataka
Decided on: Jul-23-1959
Reported in: AIR1960Mys14; 1960CriLJ253; ILR1959KAR529
ORDER(1) This revision petition is directed against the judgment dated 17-2-1959 of the City Magistrate, Bangalore in Criminal Case No. 5462 of 1958, convicting the petitioner for an offence under paragraph 76 of the Employees' Provident Fund Scheme read with S. 14(2) of the employees' Provident Funds Act and sentencing him to pay a fine of Rs. 50/- and in default to suffer simple imprisonment for fifteen days.(2) The facts of the case briefly stated are as follows: The petitioner was one of the two partners of a partnership firm run under the name and style of Sri Rama Weaving Shed which was engaged in manufacturing silk good. This firm was in existence at the time the Employees' Provident Funds Act, 1952 (Act XIX of 1952) came into force on 1-11-1952. The factory had employed more than fifty persons and therefore the Act automatically applied to the same. The rules framed under the Employees' Provident Funds Act case a duty on every employer of a factory to which the Act was made app...
Tag this Judgment!S.V.G. Iyengar Vs. State of Mysore
Court: Karnataka
Decided on: Jul-16-1959
Reported in: AIR1961Kant37; AIR1961Mys37; ILR1959KAR829; (1960)IILLJ574Kant
ORDERA.R. Somnath Ayyar, J.1. The petitioner is a Deputy Chief Engineer in the service of the State of Mysore. On 25 March 1959, the Government of Mysore placed him under suspension pending enquiry into four charges framed against him. In this writ petition, the petitioner asks that that order should be quashed. 2. The impugned order was made in the following circumstances. 3. The petitioner entered the service of the erstwhile State of Hyderabad in the year 1926, as a Probationary Assistant Engineer. In June 1949 by which time he had become an Executive Engineer, he was in charge of a project known as the Khasapur Project in the Bandsura Project Division of that State. In June 1951 he was called upon to explain some irregularities stated have been committed by him in the performance of his official duties. On 16 March 1955, a notice was issued to him to show cause why he should not be proceeded against in respect of four charges which were enumerated in the enclosure to that notice. A...
Tag this Judgment!K. Mukundaraya Shenoy and ors. Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Jul-16-1959
Reported in: AIR1960Kant18; AIR1960Mys18
Das Gupta, C.J.(1) The petitioners in these petitions are the managing members of two temples viz. (1) Konkanimata Venkatramana Temple and (2) Halemarigudi Temple. It is not disputed before us that these two temples were founded, owned and administered by a community called Gowd Saraswath Brahmin community of Kaup Peta. Administration of these temples, prior to the date hereinafter mentioned, used to be conducted in accordance with two schemes which were framed under two decrees of the court of the Subordinate Judge South Kanara, both passed in the year 1921.Under the said schemes the section of Gowd Saraswath Brahmin community residing at Kaup Peta was to elect a Board consisting of five members and the management of moveable and immovable properties of the said temples was to vest in the said Board. The said section of Gowd Saraswath was also to elect a committee consisting of five members who will supervise the work of the board. The schemes laid down the qualifications required of ...
Tag this Judgment!Nagappa Chendappa Kolli Vs. Nannibu and ors.
Court: Karnataka
Decided on: Jul-15-1959
Reported in: AIR1960Kant220; AIR1960Mys220; ILR1959KAR523
(1) This is a second appeal directed against the judgment and decree of the Extra Assistant Judge of Dharwar dated 27-12-1954 in appeal No. 677 of 1955 reversing the decree in Original Suit No. 68 of 1951 on the file of the Joint Civil Judge, Junior Division Gadag.(2) The plaintiff who is the appellant in this appeal sued for recovery of money of Rs. 930/- inclusive of interest on the basis of a pronote dated 29-9-47 said to have been executed by one Davalsab the deceased for a sum of Rs. 400/-. He further pleaded that the said Davalsab paid an amount of Rs. 200/- towards interest on 9th August, 1950 which was endorsed on the pronote under his signature. The defendant Davalsab died within three days of the institution of the suit and his widow and minor children were brought on record as the legal representatives of the deceased.In their written statements while admitting the execution of the pronote they inter alia contended that Davalsab did not make any payment on 9th August, 1950 n...
Tag this Judgment!B. Shyamsunder Vs. Shankar Deo Vedalankar and ors.
Court: Karnataka
Decided on: Jul-14-1959
Reported in: AIR1960Kant27; AIR1960Mys27
A.R. Somanath Iyer, J.(1) This appeal presented under the provisions of S. 116-A of the Representation of the People Act concerns an election to the House of the People from the Gulbarga Parliamentary Double Membership Constituency to fill a reserved seat. This election was held in March, 1957. Respondent 1 and the appellant were to two candidates for that reserved seat. Respondent one was declared to have been duly elected, whereupon the petitioner presented an election petition under the provisions of S. 80 of the Representation of the People Act, calling in question therefore validity of the election of respondent 1. That election petition was heard by an election Tribunal appointed for that purpose. The Tribunal dismissed the election petition and the appellant appeals to this Court from that decision.(2) Respondent one was by birth a Hindu and belonged to a caste known as the Samgar Caste. This caste was specified as a scheduled caste by the President by an order made under Art. 3...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »