Karnataka Court March 1961 Judgments
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Basalingappa Vs. Babban Basappa
Court: Karnataka
Decided on: Mar-20-1961
Reported in: AIR1962Kant100; AIR1962Mys100; ILR1961KAR634
(1) The decree-holder to whom the payment of the decree amount has been made and who has in under unequivocal terms accepted the discharge of the decree, has been responsible for this litigation. The grievance of the appellant before this Court is that he is asked to pay twice over, which it is urged on his behalf, is neither in accordance with law, facts of the case or equities.(2) The facts leading up to this appeal are briefly as follows: One Shivasettappa whom I form as the decree-holder in this appeal obtained a decree against the appellant Baslingappa whom, for the purpose of easy reference, I will term as decree-holder in the Court of the Munsiff at Gangavathi in Suit No 94/1 of 1953-54. The decree is dated 14,7,1954. The judgment-debtor appellant filed an appeal before the district-Judge, Raichur challenging the decree. This appeal filed by the judgment-debtor was not disposed of on merits. Certain circumstances intervened which , according to the judgment-debtor, were in his f...
Shankar Ganesh Joshi and ors. Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Mar-20-1961
Reported in: AIR1962Kant112; AIR1962Mys112
Somnath Iyer, J.1. The eleven petitioners before us were Senior Assistants, in the Secretariat of the State of Bombay. Under the provisional of the States Reorganization Act, they were allotted to serve in the new State of Mysore. The provisional allotment was made at the time of the Leo reorganization, and we have been told that the final allotment under sub-section (3)of section 115 of the States Reorganization Act was made in the year 1960.(2) On November 18, 1957, the Government of the new State of Mysore published what is described as a provisional Inter-State Seniority List of the First Division Clerks in the Mysore Government Secretariat. Persons who were dissatisfied with their positions in the said list. 'on grounds connected with the establishment of equivalence reorganization' were directed that submit their objections to the Under - Secretary to the Government, General Administration Department, with in thirty days from the date of the publication of the List.(3) The petiti...
Veerabhadrappa and ors. Vs. Lingappa and ors.
Court: Karnataka
Decided on: Mar-16-1961
Reported in: AIR1963Mys5
A. Narayana Pai, J.1. This Second Appeal is by the plaintiffs in Original Suit No. 57 of 1949-50 on the file of the Court of the Subordinate Judge of Mysore, who lost both in the suit as well as in R. A. No. 15 of 1953 presented by them to the Court of the District Judge of Mysore.2. The Plaintiffs and the first fifteen defendants are members of a Hindu family governed by Mitakshara Law. The subject-matter of the suit was a partition effected under a registered document Ex. XII, dated the 20th of June, 1938, under which the family divided itself into five branches represented by five sons of the common ancestor of the family called Veerathiah. The said Veerathiah died in the year 1898 leaving behind him five sons, Appajappa, Lingappa, Chikkappaji, Huchappa and Puttegowda. The first among them Appajappa was the manager of the family from 1898 till he died in the year 1929. The said Appajappa's son Veerathiah is the eighth defendant in the suit. From 1929 till partition was effected, the...
M.A. Jaleel and ors. Vs. the State of Mysore by Chief Secretary to the ...
Court: Karnataka
Decided on: Mar-13-1961
Reported in: AIR1961Kant210; AIR1961Mys210
Somnath Iyer, J.1. The petitioners in Writ Petitions Nos. 511, 548 and 549 of 1960, were Sales Tax Officers Class II in the erstwhile State of Hyderabad and those in Writ Petitions Nos. 510 and 540 of 1960, Sales Tax Officers, Grade III, in the then State of Bombay. When three districts of the erstwhile State of Hyderabad and four districts of the State of Bombay became part of the now State of Mysore, which was formed on November 1, 1956, by the States Reorganization Act, they were allotted under that Act for service in the new State of Mysore. They are now in the service of that State.2. The civil service of the new State of Mysore consisted principally of persons who were before its formation, holding posts under the then Stales of Mysore, Hyderabad, Coorg, Madras and. Bombay. The various services of which there wag thus a concourse in the new State of Mysore, required integration, and, for that purpose, that State made on May 25, 1957, a list recording the provisional determination...
D. Narayana Rao Vs. Inspector of Labour (Central Government)
Court: Karnataka
Decided on: Mar-09-1961
Reported in: 1962CriLJ828
ORDERMir Iqbal Hussain, J.1. Aggrieved by the order of the learned Magistrate imposing cost of Rs. 65-10 Np towards the complainant's travelling allowance the petitioner who was the accused before the said Magistrate has preferred this revision petition. Briefly stated the facts leading up to this revision are as follows: In a proceeding arising under the Payment of Wages (Mines) Rules 1956, the petitioner was accused of the offence under Rules 5, 8 etc., of the said Rules. The complainant in the case was the Labour Inspector. On 19.8.1960 the complainant was present but the accused (petitioner) was absent. His advocate produced a medical certificate and prayed for an adjournment. So, the case was adjourned to 19.9.1960. On this date, the complainant was present but the accused was again absent. His advocate filed a memo with a medical certificate praying for an adjournment. The learned Magistrate perhaps, was a, little irritated at the adjournment so prayed for, and in his opinion it ...
P. Achiah Chetty and ors. Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Mar-03-1961
Reported in: AIR1962Kant218; AIR1962Mys218
ORDER(1) These seven Writ Petitions arise out of certain land acquisition proceedings taken in respect of a certain extent of land comprised in Survey No. 2 of Raj Mahal Village, Kasba Hobli, Bangalore North Taluk, initiated under Notification No. LLH 281 IAQ 58 made by the Government of Mysore under sub-section (1) of section 4 of the Mysore Land Amending Act of 1894, (Mysore Act VII of 1894), and published in the Mysore Gazette dated the 7th of May 1959. The final notification under section 6 of the act bearing No. RDH 4 LTB 59 dated the 14th of October 1959, was published in the Mysore Gazette dated the 15th of October 1959. The former notification opened with a statement that it appeared to the Government of Mysore that the land specified therein was needed for a public purpose to wit for Raj Mahal Vilas Lay-out. In the latter one, the Government declared that the property specified therein be the same a little more or less, was needed for a public purpose to wit for Raj Mahal Lay-...
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