Karnataka Court April 1961 Judgments
M.C. Gurumurthappa Vs. the Corporation of the City of Bangalore and an ...
Court: Karnataka
Decided on: Apr-17-1961
Reported in: AIR1962Kant92; AIR1962Mys92
ORDER(1) The Petitioner has invoked the jurisdiction this Court under Article 226 of the Construction to have the resolution passed by the first respondent (Municipal Corporation of Bangalore) on 29-3-1961 and set out in affidavit filed in support of the petition, quashed. He has sought in his petition a writ of creator and/or mandamus or such other writ, order or direction as may be deeming proper.(2) The facts of this case are very few. For the year 1961-62 (commencing with 1-4-1961 and ending with 31-3-1962) the commissioner of the Corporation of the City of Bangalore, called for tenders for the collection of the fees payable for goods brought for sale in Sri. Krishnarajendra Market, Bangalore.. In that connection the petitioner and the second respondent submitted in a sum of Rs 1, 05, 000/- whereas the second respondent's tender was for Rs. 1.04,000/-. after security the Commissioner of the Corporation recommended the petitioner's tender (the highest tender) for acceptance. But whe...
Tag this Judgment!A. Gopalakrishna Naik Vs. State
Court: Karnataka
Decided on: Apr-14-1961
Reported in: 1962CriLJ55
1. The appellant who was the Inspector of Motor Vehicles in Raichur District between January and April 1958 was tried and convicted in Criminal Case No. 2/2 of 1958 on the file of the learned Special Judge, Raichur, under Section 161 I.P.C. and under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act (which shall be hereinafter called the 'Act') and sentenced to suffer simple imprisonment for four months and to pay a fine of Rs. 100, in default to suffer further one month's simple imprisonment.2. The prosecution case is that when P.W. 4 (Mallikarjun Maski) the agent of Sharan Baswaraj (P.W. 3) went to the appellant on 14.4.1958 for the issue of a fitness certificate to lorry No. MYQ, 432 belonging to P.W. 3, the appellant demanded illegal gratification of Rs. 50 before certifying to the fitness of the lorry m question; P.W. 4 duly informed this fact to P.W. 3; P.W. 3 was not willing to pay any bribe; he (P.W. 3) desired to bring to book the appellant; therefore ...
Tag this Judgment!Wesley (G.N.) Vs. State of Mysore
Court: Karnataka
Decided on: Apr-12-1961
Reported in: (1961)IILLJ594Kant
ORDERSomnath Ayyar, J.1. The services of the petitioner who was a first division clerk in the department of Industries and commerce; were terminated on 11 December 1952, without any disciplinary proceedings having been Instituted against him. When the petitioner protested against the termination of his services in that way, charges were framed against him on 22 December 1964. It is mentioned on behalf of the state in the counter-affidavit produced that no enquiry was made into the charges, since it was decided that no major punishment was called for. What was done was that on 9 March 1956, the petitioner was intimated that it had been decided by the Government on 29 February 1956, that the petitioner should be reinstated in service, the period between 1 December 1952 and the date of his rejoining duty being treated as leave without allowances.2. I have omitted to mention that when the petitioner's services were terminated on 11 December 1952, his services were terminated with effect fr...
Tag this Judgment!Premier Insurance Co. Ltd. Vs. Bharat Commerce and Industries Ltd. and ...
Court: Karnataka
Decided on: Apr-10-1961
Reported in: AIR1962Kant185; AIR1962Mys185
Hedge, J.(1) In this appeal, the order of the learned Company Judge (Sadasivayya, J. ) dated 24-3-1961, confirming the sale of the Kapila Textile Mills, Nanjungud ( in liquidation) held by the Official Liquidator on 18-2-1961, is challenged. (2) The confirmation of the sale is a matter which is essentially within the discretion of the Company Judge. It was observed by a Bench of the Allahabad High Court in Brindaban Agarwala v. Official Liquidator of the Saraswathi Soap and Oil Mills Ltd., : AIR1952All113 that where the property was sold by a public auction by the Official Liquidator subject to the confirmation by the Court, the question whether sale should or should not have been confirmed is a matter which lies within the discretion of the Court and the discretion cannot be interfered with unless sufficient grounds have been disclosed which would justify the conclusion that the Court's discretion was not judicially exercised. In the case before us unless the appellant is able to show...
Tag this Judgment!State of Mysore Vs. Campbell (R.D.) and anr.
Court: Karnataka
Decided on: Apr-07-1961
Reported in: (1962)IILLJ265Kant
Hegde, J.1. In Criminal Case No. 791 of 1959 on the file of the learned Judicial Magistrate F. C. Gokak, the respondents were tried for offences under S. 92 read with S. 55 of the Factories Act, 1948 (63 of 1948) (which shall be hereinafter called the 'Act'), but they were acquitted. The State has come up in appeal against the order of acquittal. 2. The complaint against the respondent is that on 18 May 1959 three of their workers were found working during the midday interval. The Court below did not go into the merits of the case. It acquitted the respondent solely on the ground that the complainant had no competence to file the complaint in question. The complainant claims to be an inspector of factories serving in the Belgaum area. By a curious process of reasoning the court below came to the conclusion that for every area as such, a separate inspector of factories should be appointed; there is no proof that the complainant was appointed for the Belgaum area; and therefore, he had n...
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