Karnataka Court August 1959 Judgments
Nagareddy Thimappa and ors. Vs. State of Mysore
Court: Karnataka
Decided on: Aug-28-1959
Reported in: AIR1960Kant192; AIR1960Mys192; ILR1959KAR712
ORDER(1) The Tahsildar of Bellary, who is the Enforcement officer under the Mysore Rice Procurement (Levy) Order, 1959(which shall be hereinafter called the Order), appears to have directed the petitioner, to sell a portion of his rice stocks to the respondent, (The State of Mysore) as per S. 3 of the 'Order'. That Order is challenged before us on 3 grounds, (i) that the enforcement Officer had no power to direct the petitioner to sell any stock which the petitioner had purchased prior to 1-2-1959, the date of 'the Order' (ii) that Section 3 of 'the Order' is ultra vires of Arts. 19(1)(f) and (g) and 31(2) of the Constitution and (iii) that 'the Order' is bad under Art. 31(3) of the Constitution for want of President's assent.(2) We are told that the petitioner is a merchant and not a miller. Hence the Enforcement officer's direction falls under S. 3(2) of the 'the order'. The petitioner is a licensed dealer. As per S. 3(2) of the 'order' any dealer can be required to sell to the State...
Tag this Judgment!Bhimangouda Vs. Sangappa Irappa Patil and ors.
Court: Karnataka
Decided on: Aug-28-1959
Reported in: AIR1960Kant178; AIR1960Mys178; ILR1959KAR715
(1) These are two connected second appeals directed against the judgment and decrees of the District Judge. Bijapur dated 23rd December 1954 in Civil appeal Nos. 204 of 1953 and 156 of 1953 disallowing the appeals and confirming the judgment and decrees dated 6-4-1953 of the Civil Judge, Junior Division, Muddebihal in Original Suit Nos. 323 of 1950 and 147 of 1950 respectively on the file of that Court.(2) The plaintiff in the original suits is the appellant before us in both the second appeals. The facts material for the disposal of these second appeals may be briefly stated as follows: Bhimangouda alias Bhimshappa Patil filed a suit bearing No. O. S. 190 of 1947 in the Court of the Civil Judge, Junior Division, Muddebihal against the first defendant Sangappa Irappa Patil and his genitive father Gadigeppa for accounts under S. 15-D of the Dekkhan Agriculturists Relief Act claiming himself to be the adoptive son of Bhimshappa Patil. He alleged that his adoptive mother Ningawa alienated...
Tag this Judgment!India Sugars and Refineries Ltd. Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Aug-26-1959
Reported in: AIR1960Kant326; AIR1960Mys326; ILR1959KAR688
S.R. Das Gupta, C.J. (1) The petitioner in these three petitions is the Indian Sugar and Refineries Ltd., Hospet carrying on business of Sugar Manufacturing Factory. These petitions raise the same questions and they can be conveniently taken up together. They relate to three Notifications dated 9-4-1956, 15-10-1957, and 12th/13th February 1958 issued by the Government purporting to act under S. 14(1) of the Madras Sugar Factories Control Act, 1949, whereby cess was imposed on the petitioner for the crushing season 1956-56, 56-57 and 57-58 respectively.(2) The main questions raised in these petitions are (a) whether or not under S. 14(1) of the said Act the Government has power to issue notification imposing a cess on Sugarcane brought and crushed in petitioner's factory for a period prior to the date of the said notifications, and (b) whether or not the notifications issued in this case under the said section impose cess for the period to the dates of such notifications. Before mention...
Tag this Judgment!M. Kamalamma Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Aug-25-1959
Reported in: AIR1960Kant255; AIR1960Mys255
Hombe Gowda, J.(1) This is a petition under Arts. 226 and 227 of the Constitution of India for issue of a Writ of Certiorari cancelling the order dated 5th June 1956 passed by the State of Mysore directing that the third respondent should be treated as senior to the petitioner in the cadre of lecturers in the University of Mysore.(2) The facts that led to the presentation of this writ Petition by the petitioner are as follows : The petitioner M. Kamalamma took her Master in Science degree of the University of Mysore in 1937. She was appointed as a temporary III Grade lecturer in Zoology by the then Vice-Chancellor of the University of Mysore on a salary of Rs. 75/- per mensem on 11th of August 1939. The third respondent T. P. Vanajakshi who is also a Master of Science having passed the Examination in 1934 was applying for a post of a lecturer in Zoology in the University of Mysore from the date she passed her M.Sc. Examination.The Registrar of the University of Mysore sent replies to h...
Tag this Judgment!Nading Neelakanda Rao Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Aug-18-1959
Reported in: AIR1960Kant87; AIR1960Mys87
S.R. Das Gupta, C.J.(1) The Petitioner before us is the landlord of Survey Nos. 148 and 151 of Kuppagadde village, Sorab Taluk in the district of Shimoga. The Mysore Tenancy Act was introduced in that Taluk for the first time on 1-1-1954. It is not disputed that prior to the date hereinafter mentioned the Respondent was the tenant of the Petitioner in respect of the said lands. The Petitioner's in respect of the said lands. The Petitioner's case is that on 5-12-1953 the Respondent, by executing a surrender deed, surrendered the lands to the Petitioner. His case also is that on that date of Respondent delivered possession of the said lands to the Petitioner.After the Tenancy Act came to be in force in the Taluk in question, the tenant made an application on 20-4-1954 under Section 28-A of the Tenancy Act to the Tahsildar. In the said application the tenant alleged that the landlord had interfered with his possession. The Tahsildar dismissed the application on the ground that the tenant ...
Tag this Judgment!D. Adinarayana Setty Vs. Brooke Bond Tea of India Ltd.
Court: Karnataka
Decided on: Aug-14-1959
Reported in: AIR1960Kant142; AIR1960Mys142
Narayana Pai, J. (1) Regular appeal No. 137 of 1953 is against the decree in O. S. 29 of 1951-52 on the file of the Court of the District Judge of Bangalore, Miscellaneous Appeal No. 19 of 1952-53 is against the order dated 8-4-1952 of the Ex-Officio Deputy Registrar of Trade Marks, Bangalore, refusing to register the trade mark of the appellant. Both these appeals are by D. Adinarayana Setty, trading under the name and style of 'Good Luck Tea Co.' In Akkipet, Bangalore City. The subject-matter of both the appeals is a trade mark used by the appellant which the respondents, Messrs. Brooke Bond India Ltd., contended constitutes an infringement of their registered trade mark.(2) It is the case of the respondents that they have been for long trading in a certain grade of tea known as 'Kora Dust Tea' and that they have been marketing the same under a trade mark whose main or distinctive feature is a woman carrying a child in her hand. Although the registration of this mark was effected som...
Tag this Judgment!In Re: Raju Shetty
Court: Karnataka
Decided on: Aug-14-1959
Reported in: 1960CriLJ373
M. Sadasivayya, J.1. The appellant has been convicted for an offence punishable Under Section 302 of the I, P. C. and has been sentenced to imprisonment for life by the Sessions Judge of South Kanara, in Sessions Case No. 1 of 1957 on the file of his Court. The prosecution case was that at about 2 P. M, on 29-11-1956, at Sooda village of Karkal Taluk, the accused caused the death of one Mutliayya Shetty by hitting him with a wooden seat (Mane) which has been marked as M. O. 1 in the case.The eye-witness to the actual occurrence, was P.W. 1 Shamba, a girl of the age of about ten years. Muthayya Shetty appears to have been an old man of the age of about 70 years. P.W. 1 has given evidence in respect of the following facts: On the afternoon of the occurrence Muthayya Shetty came to the house of P.W. 1 and enquired where her father was; at that time P.W. 1 was alone in the house and she informed Muthayya Shetty that her father had gone to his land. Just at that time the accused came out fr...
Tag this Judgment!In Re: Awwanna Timmappa Pujari
Court: Karnataka
Decided on: Aug-14-1959
Reported in: 1960CriLJ959
M. Sadasivayya, J.1. The appellant Awwannappa was the accused in Sessions Case No. 21 of 1957 on the file of the Extra Additional Sessions Judge of Belgaum. He was charged and tried for having caused the death of his son Thimmappa by cutting him with a sickle on the morning of 11-11-1956 at Hoskoti, and thereby having committed an offence punishable Under Section 302 of the IPC The accused had pleaded not guilty. The learned Sessions Judge bund him guilty of the offence and sentenced him to imprisonment for life; it is against the said conviction and sentence, the present appeal has been preferred.2. The prosecution case was to the effect that the deceased Thimmappa was the son of the accused by his first wife. The said first wife of the accused having died while she was still very young, the accused married a second wife about 20 or 25 years back. About 1 or 1 1/2 months prior to the occurrence, a division, had taken place between Thimmappa and the accused; along with some other prope...
Tag this Judgment!K. Krishna Rao Vs. Land Acquisition Officer and Revenue Divisional Off ...
Court: Karnataka
Decided on: Aug-11-1959
Reported in: AIR1960Kant264; AIR1960Mys264
S.R. Das Gupta, C. J. (1) This is an application for a writ of mandamus directing the Land Acquisition Officer, Coondapur Sub-Division, District South Kanara, to make a reference under S. 18(1) of the Land Acquisition Act. The matter arises in this way:(2) Some of the petitioner's lands in Alpe village near Mangalore Town were acquired under the Land Acquisition Act. The petitioner's case is that he could not appear before the Sub-Divisional officer at the time of hearing of this matter as he had no notice of the said hearing. On 10-7-1956 an award was passed by the Land Acquisition Officer. On 31-7-1956 notice of the passing of the award was served on the petitioner under S. 12(2) of the Land Acquisition Act.Along with that notice an intimation was given to the petitioner that Code Form 'C' cheque for the compensation amount due to him will be sent to him through the Thasildar, Mangalore and he was requested to receive payment at the District Treasury, Mangalore, within 3 days from th...
Tag this Judgment!Chatram Puttappa Sons Vs. K. Amarchand and ors.
Court: Karnataka
Decided on: Aug-07-1959
Reported in: AIR1960Kant267; AIR1960Mys267
Iqbal Husain, J.(1) Though the facts of this appeal are simple, a few interesting questions of law are raised. Chatram Puttappa Sons is a joint Hindu family firm doing business as nut and Mandy merchants at Bangarpet., Kolar District. They are the appellants before this Court. The respondents are some of their creditors. The latter filed an application under the provisions of sections 7 and 9 of the Mysore Insolvency Act to adjudge the appellants as insolvents on the ground that the respondent's are unable to pay their debts and have committed acts of insolvency. Though in the petition filed by the respondents several acts of insolvency are alleged, they confine their attention to only one both before the District Judge, Bangalore, as well as before this Court, viz. that they are unable to pay their debts and have given notice of suspension of payment.(2) The appellants sent a registered notice to several of their creditors as per Exhibit P. 4 dated 24-6-1955 that they are unable to me...
Tag this Judgment!- ‹ Prev
- Next ›