Karnataka Court September 1959 Judgments
P. Abdul Aziz Sahib Vs. the Mysore Revenue Appellate Tribunal and ors.
Court: Karnataka
Decided on: Sep-28-1959
Reported in: AIR1960Kant321; AIR1960Mys321
S.R. Das Gupta, C.J.(1) The Petitioner before us was granted a permit by the Regional Transport Authority for the route between Kampli and Bellary. Against the said grant the matter was taken in appeal to the State Transport Authority. The State Transport authority cancelled the permit on the ground that the Regional Transport authority violated the provisions of Section 57(7) of the Motor Vehicles Act. The State Transport Authority thereupon sent the matter back tot the Regional Transport Authority with a direction to renotify all applications which were before it for the permit. Pending decision of this matter the State Transport authority granted a temporary permit to the Petitioner to ply his bus in the said route. The matter was thereupon taken on appeal to the Revenue Appellate Tribunal both against the substantive order passed by the State Transport Authority and the interlocutory order passed by it permitting the Petitioner to ply his bus temporarily between Kampli and Bellary....
Tag this Judgment!issa Yacub Bichara and ors. Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Sep-25-1959
Reported in: AIR1961Kant7; AIR1961Mys7; 1961CriLJ106
ORDER1. This revision petition is directed against the judgment dated 30-6-1958 passed by the Sessions Judge, South Kanara in Criminal Appeal No. 16 of 1958. By the aforesaid judgment the learned Sessions Judge confirmed the conviction of the petitioners for an offence under Section 8(1) of the Foreign Exchange Regulation Act of 1947 read with Notification No. 12 (11)(f) 1-48 dated 25-8-1948 (as amended), but acquitted them of the offence under Section 167(81) of the Sea Customs Act but confirmed the composite sentence of one year's rigorous imprisonment and a fine of Rs. 1,111/- in respect of the first petitioner and a fine of Rs. 111/- in respect of the other petitioners, passed on each of them by the District Magistrate, South Kanara, in Criminal Case No. 87 of 1957.2. A foreign vessel M. L. Anwar captained by the first petitioner Issa Yakub Bichara entered the Mangalore Port on 13-10-1957 from Muskat with the cargo of 341 bundles of wet dates. The first petitioner filed the entry a...
Tag this Judgment!Helava Vs. Sesigowda and anr.
Court: Karnataka
Decided on: Sep-23-1959
Reported in: AIR1960Kant231; AIR1960Mys231
Kalagate, J.(1) This is a plaintiff's appeal against the decree made by the Subordinate Judge, Mandya, in Regular Appeal No. 46 of 1952-53.(2) The plaintiff has filed the suit on the 14th of May 1951 to have it declared that the alienation made by his father under Ext. 1, dated 13-2-1941, in favour of defendant 1 is not binding on his half share and claiming possession of the same after partition.(3) The allegations in the plaint are that during his minority, his father, the deceased Helavegowda sold the schedule properties to the 1st defendant for a consideration of Rs. 280/- which is inadequate and that there was no legal necessity for the sale of the properties nor was there any family benefit.(4) The properties are three in number viz., two lands measuring 2 acres and 10 1/2 guntas, assessed at Rs. 2-13-6, and item No. 3 which is a house. These three properties have been alienated for Rs. 280/-. Defendant No. 1 has subsequently sold the suit item No. 3 to defendant No. 2 and that i...
Tag this Judgment!Ramakrishna Singh Ram Singh and ors. Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Sep-18-1959
Reported in: AIR1960Kant338; AIR1960Mys338; ILR1959KAR740
S.R. Das Gupta, C.J.(1) In these petitions the Petitioners are challenging two orders passed by the Government of Mysore being Order No. ED 79 TGL 59 dated 14th May 1959 and Order No. ED 79 TGL 59 dated 22nd July 1959. In the first order, that is, the order dated 14th May 1959, it was stated as follows :'With the Reorganisation of States and the formation of the new State of Mysore, the question of evolving a uniform policy in regard to reservation of seats in the Professional and Technical Colleges and Institutions in favour of socially and educationally backward Classes of citizens has been under the active consideration of the Government. After careful consideration of all aspects of the question, the Government have come to the conclusion that communities set down in the Annexure hereto are the other socially and educationally backward classes of citizens. In supersession of Government Order No. ED 129 UNI 58, dated 26th July 1958 read above, it is ordered that reservation of seats...
Tag this Judgment!M. Gangappa Vs. B.H. Aswathanarayana Singh and ors.
Court: Karnataka
Decided on: Sep-09-1959
Reported in: AIR1960Kant281; AIR1960Mys281
S.R. Das Gupta, C.J.(1) The Petitioner before us was one of the applicants for a permit in respect of the route from Bellary to Talur. Before the authorities decided to open the said route, the 1st Respondent had made an application for a permit to ply buses in that route. Thereafter the authorities having decided to open the said route, issued a notification calling for applications in respect thereof. The Petitioner was one of the persons who made an application pursuant to the said notification. There were six other applicants besides the 1st Respondent. It should be mentioned that the 1st Respondent did not make a fresh application after the issue of the notification dated 13th August 1955. He relied on the previous application which had already been made before the authorities had decided to open the said route. When the matter came up for consideration by the Regional Transport Authority, the said authority held that the application of the 1st Respondent cannot be considered, as ...
Tag this Judgment!L.S. Patil Vs. Dundappa Malkajappa Mallad
Court: Karnataka
Decided on: Sep-09-1959
Reported in: AIR1960Kant39; AIR1960Mys39; 1960CriLJ261
Sadasivayya, J.(1) On the date on which the Magistrate acquitted the accused under Section 247 Cr. P. C., the Pleader for the complainant had sent a letter addressed to the Magistrate, in which he had pleaded his inability to be present on that date as he was suffering from Malaria, and had prayed that his cases be adjourned. It would appear that adjournments were granted by the Magistrate in some of the other case of the pleader on the strength of this letter. But in this case, the complainant having been absent, the learned Magistrate acquitted the accused under the provisions of Section 247 Cr. P. C. The question which now arises for determination is as to whether in view of the letter which the Pleader has written under sub-Section (2) of Section 14 of the Bombay Pleaders' Act 1920, the acquittal by the learned Magistrate ought to be interfered with by this Court in appeal.(2) Sri Datar, the learned Counsel appearing for the appellant has pointed out that under sub-Section (2) of S...
Tag this Judgment!State of Mysore Vs. Dattatraya Nagappa
Court: Karnataka
Decided on: Sep-09-1959
Reported in: AIR1960Kant86; AIR1960Mys86; 1960CriLJ496; ILR1959KAR885
Sadasivayya, J.(1) The respondent who was the accused in C. C. No. 30 of 1956 on the file of the Judicial Magistrate First Class, Sisri, had been charged for offences under Sections 409 and 477 of the Indian Penal Code. The learned Magistrate acquitted the accused. The State has preferred an appeal against this acquittal; that is in Criminal Appeal No. 255 of 1957. The learned Sessions Judge, in the course of his inspection, of the Court of the said Magistrate, found that there was a serious irregularity in the above said criminal case, in view of the fact that the offence under Section 477 of the I.P.C. was tribal only by the Curt of Session and that the Magistrate was not competent to try the same.The learned Sessions Judge is of the opinion that in view of Section 530(p) of the Cr. P.C., the entire proceedings before the learned Magistrate are void; he has, therefore, made a reference requesting that a fresh trial be ordered. This reference is the subject-matter of Criminal Revision...
Tag this Judgment!Rame Gowda and ors. Vs. State of Mysore
Court: Karnataka
Decided on: Sep-09-1959
Reported in: AIR1960Mys259; 1960CriLJ1348
ORDER(1) This is a revision petition against the order of the Ex-Officio First Class Magistrate, Hassan Sub Division. Hassan, directing the petitioners against whom proceedings had been instituted under S. 107 of the Code of Criminal procedure to execute interim security bounds under S. 117(3). It is urged that the order complained of was made without complying with the provisions of S. 113 of the Code of Criminal Procedure and without giving an opportunity to the petitioners to cross examine the Investigating Officer who had made an application for action under S. 117(3), and that, in any event, the learned Magistrate should have re-considered the order when the above infirmities had been pointed out to him. (2) It is seen that the preliminary order under S. 112 was made on 29-10-1957 and that on 26-11-1957 the Sub-Inspector applied for obtaining interim bonds from the Petitioners under S. 117 and an order was made accordingly, even though before the making of the order one of the cou...
Tag this Judgment!N. Ayyanna Setty and Sons and ors. Vs. State of Mysore
Court: Karnataka
Decided on: Sep-04-1959
Reported in: [1961]12STC731(Kar)
Narayana Pai, J.1. All these appeals have been heard together for the reason that they involve certain common questions. They are also directed against three judgments of the learned District Judge of Bellary, all delivered on the 30th day of November, 1953, in three batches of cases tried or heard together by him. Two were batches of Original Suits transferred from the Courts of the Subordinate Judge and the District Munsiff, Bellary, and tried together by the learned District Judge. The third batch is of appeals arising out of the Original Suits tried by the District Munsiff's Court and the Subordinate Judge's Court, Bellary. The discussion contained in the three judgments of the learned District Judge of Bellary under appeal on the questions of law said to arise in all the matters heard by him is more or less on identical terms. 2. Regular Appeals Nos. 458 of 1954 and 107, 108, 109 and 110 of 1955 are respectively by the plaintiffs in Original Suits Nos. 32, 31, 35, 36, and 37 of 19...
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