Karnataka Court October 1962 Judgments
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Ramasubba Sastry and ors. Vs. Official Receiver Mysore and anr.
Court: Karnataka
Decided on: Oct-30-1962
Reported in: AIR1963Mys257
ORDERK.S. Hegde, J. 1. These are connected revision petitions. They arise from Insolvency Case No. 16 of 1943-44 on the file of the learned Subordinate Judge, Mysore. Civil Revision Petitions Nos. 809 and 954 of 1960 arise from the Order in I. A. No. 3 in that Insolvency Case which was an application filed by the Official Receiver under Section 54 of the Mysore Insolvency Act, to be hereinafter referred to as the 'Act' to set aside the alienations in favour of the respondents therein who are the petitioners in this Court. That application was allowed and the alienations were set aside. Civil Revision Petition No. 963 of 1960 arise from I. A. No. 4 which was an application filed under Section 35 of the 'Act' by some of the alienees. That application was dismissed. The Orders of the Insolvency Court in I. A. Nos. 3 and 4 were affirmed by the learned Additional District Judge, Mysore in Regular Appeals Nos. 47, 48 and 56 of 1958 on his file. Regular Appeal No. 48 of 1958 was filed against...
The State of Mysore Vs. Danjaya
Court: Karnataka
Decided on: Oct-25-1962
Reported in: AIR1963Mys157; 1963CriLJ785
T.K. Tukol, J.1. This is an appeal by the State against the order of acquittal passed by the District Magistrate, South Kanara, Mangalore, acquitting the accused of the offence punishable under Section 16(1)(a) read with Section 7 of the Prevention of Food Adulteration Act, 1954.2. Briefly, the story of the prosecution is that on 15-11-1961 the accused Dhananjaya sold milk to the Food Inspector, Vincent Silva (P.W. 2), just near the house of Nazareth (P.W. 1) at Karongalpady Road in Mangalore Town. Mr. Silva took the milk to the verandah of Mr. Nasareth, divided the same into three parts and put it into three bottles which he corked and sealed in the presence of the accused and gave him one of the sealed bottles. He sent one bottle to the Public Analyst, who certified that the milk was adulterated and contained 60 per cent of water. The accused was then charge-sheeted for selling adulterated milk. On the evidence, the learned Magistrate took the view that the prosecution had not been s...
S.M. Shinde Vs. S.B. Bagli and anr.
Court: Karnataka
Decided on: Oct-25-1962
Reported in: AIR1963Mys261; (1963)1MysLJ392
A.R. Somnath Iyer, J.1. The petitioner was an operator of a public carrier vehicle on the route between Bijapur and the frontier of the Mysore State. On July 1, 1961, the Regional Transport Authority, Bijapur was instructed by the State Transport Authority to call for applications for the purpose of selecting persons who should be authorised to extend their operation from the frontier to the City of Bombay. On September 14, 1961, those applications were notified by the Regional Transport Authority, Bijapur by means of a Notification. The petitioner and 99 others were the applicants. After considering those applications and after hearing the applicants, the Regional Transport Authority made a recommendation to the State Transport Authority that the petitioner may be granted the extension of service. Against that recommendation made by the Regional Transport Authority, respondent 1 presented what we consider to be an extremely misguided revision petition to the State Transport Appellate ...
Meenakshi Vs. Presiding Officer, Mysore State Transport Appellate Trib ...
Court: Karnataka
Decided on: Oct-25-1962
Reported in: AIR1963Mys278
A.R. Somnath Iyer, J.1. On November 26, 1957, the Regional Transport Authority, South Kanara, invited applications under Section 57(2) of the Motor Vehicles Act, for the grant of a permit for the operation of a stage carriage, on the route between Karkal and Udyavar in the district of South Kanara. The last date within which those applications had to be presented was March 22, 1958. A certain Gopalasetty who was the husband of the petitioner before us, and, respondents 3 and 6 in this writ petition were some of the applicants who presented applications foe the grant of a permit. By a resolution of April 25, 1958, the Regional Transport Authority, decided to grant the permit to respondent 6. Against that decision of the Regional Transport Authority, four Appeals were preferred to the State Transport Authority which had then jurisdiction to hear those appeals. Gopalasetty the husband of the petitioner, was not, however, one of the persons who preferred an appeal to the State Transport Au...
B. Krishna Rai Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Oct-16-1962
Reported in: AIR1963Mys263
ORDER1. The petitioner before us was a Range Forest officer and was one of the applicants to the post of an Assistant Conservator of Forests in response to a notification published by the Mysore Public Service commission under the provisions of the Mysore Recruitment of Gazetted Probationers Rules 1959 made by the. Governor under the proviso to Article 309 of the Constitution. The petitioner's application to the Public Service Commission was delivered on the 29th of October 1959. In accordance with the provisions of the Rules he was interviewed on the 29th of December 1960. But the Rules under which the Public Service Commission called for applications which came into force on the 11th of September 1959 stood modified by another set of Rules made by the Governor called the Mysore Recruitment of Gazetted Probationers (Special) Rules, 1960 which came into force on the 25th of August 1960. Under the provisions of these Special Rules it was possible to make appointments to the post of an A...
Amco Batteries (P) Ltd. Vs. Assistant Collector, Central Excise and an ...
Court: Karnataka
Decided on: Oct-12-1962
Reported in: 1979(4)ELT451(Kar)
K.S. Hegde, J. 1. In this petition, under Articles 226 and 227 of the Constitution of India, the petitioner prays for a Writ of Certiorari, or any other appropriate Writ or Order, quashing the levy made by the First Respondent on 16-11-1959 as well as the Order of the Second Respondent in appeal made on 14-10-1960. 2. The petitioner is a Private Limited Company manufacturing Electric Batteries. The Company was started in 1955. Its factory as well as its office (both housed In the same building) is located just outside the limits of Bangalore City. 3. The facts found by the Assistant Collector of Central Excise, Bangalore, and affirmed by the Collector of Central Excise, Bangalore, and not disputed in the affidavitfiled in this Court by the petitioner, are as follows: The petitioner (Messrs. Amco Batteries Limited, Bangalore) manufacturers Electric Storage Batteries under three trade marks, i.e. 'Amco', 'Oakes' and 'Speed'. 'Amco' Batteries are marketed through a network of distributors...
G. Govindaraju, Junior Engineer Mysore P.W.D. and ors. Vs. State of My ...
Court: Karnataka
Decided on: Oct-11-1962
Reported in: AIR1963Mys265
Narayana Pai, J. 1. The petitioners in these 16 Writ Petitions were applicants for selection by the Mysore Public Service commission for being appointed by the State Government as Assistant Engineers in the Public Works Department of the Government. The first respondent is the State Government, and the second the Mysore Public Service Commission. Some of the petitioners are Engineering Graduates seeking entry into Government Service for the first time and the others are already Junior Engineers in the Public Works Department of the Government, seeking appointment as Assistant Engineers by direct recruitment. None of the petitioners was selected by the Public Service Commission or appointed by the Government as Assistant Engineer. All of them pray that this Court may be pleased to quash by the issue of an appropriate Writ the Notification of the State Government bearing No. P. W. D. 10 SAG 59 dated 31st October 1961, whereby the Government appointed as Assistant Engineers 88 persons nam...
Kashinath Krishna Bapat Vs. the State of Mysore and anr.
Court: Karnataka
Decided on: Oct-01-1962
Reported in: 1963CriLJ547
ORDERT.K. Tukol, J.1. This is a petition by accused No. 2 in Special Case No. 5 of 1961 on the file of the Special Judge, Belgaum, in which the present petitioner and one Dattatraya Gangdhar Samant stand charge-sheeted for offences punishable under Section 5(2) read with Section 5 (1)(d) of the Prevention of Corruption Act and Section 162 I.P.C.2. The facts giving rise to the present petition are as follows: the present petitioner filed an application on 17-2-1962 in the Court of the Special Judge, Belgaum for grant of pardon under Section 337 of the Code of Criminal Procedure and treat him as an approver in the case as he was ready and willing to make a full disclosure of the true facts and circumstances relating to the pending prosecution. Dattatreya (Accused No. 1) objected to that application, while the Public Prosecutor expressed his assent on 26-2-1962 to the prayer made by the petitioner. The Special Judge heard the petition on 1-3-1962 and rejected the petition by an order date...
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