Karnataka Court November 1962 Judgments
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B. Karunakar Hegde Vs. the State of Mysore
Court: Karnataka
Decided on: Nov-26-1962
Reported in: AIR1963Mys153; (1963)1MysLJ22
M. Sadasivayya, J.1. The petitioner has been charged for having committed offences punishable under Sections 474 and 471 of the I. P. C. He has been committed to take his trial before the Sessions Judge of South Kanara. In the present revision petition, the order committing the petitioner to take his trial before the Court of Session, has been attacked on the ground that the said order is illegal and is in contravention of the mandatory provisions of law and the prayer is for the quashing of the order of commitment. Amongst other sections, this petition purports to be also under Section 561-A of the Code of Criminal Procedure.2. The facts as can be gathered from the order of commitment, are as follows :The present petitioner had been in possession, on 16-2-1960 of a forged 'Soda Chit' or a relinquishment deed in respect of a land bearing Survey No. 30-46-A which was situated at Killings locality of Havanje village. The allegation also was that on the same date, viz., 16-2-1960, the pet...
Mysore Press (Private) Ltd. Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Nov-23-1962
Reported in: (1963)IILLJ678Kant; (1963)1MysLJ385
ORDERNarayana Pai, J.1. The respondent 4, K. Puttaswami, was the sub-editor of a Kannada daily called Janavani conducted by the petitioner, Mysore Press (Private), Ltd., Basavangudi, Bangalore-4. He was removed from service on 1 July, 1957. That removal was the subject of an industrial dispute raised by the Mysore Journalists' Association. The State Government, in exercise of their power under S. 10(1)(c) of the Industrial Disputes Act, 1947, referred the dispute to the labour court at Bangalore. The points of dispute so referred were - (1) Is the management justified in terminating the services of K. Puttaswami, sub-editor, Janavani, from 1 July, 1957 on alleged grounds of retrenchment (2) Is the Mysore State Journalists' Association justified in demanding that K. Puttaswami be reinstated into his original post, with full compensation for the entire period of involuntary unemployment If not, to what relief, if any, is the affected workman entitled 2. The labour court went into the ma...
Kashappa Shivappa Vs. Chief Secretary to the Govt. of Mysore and ors.
Court: Karnataka
Decided on: Nov-23-1962
Reported in: AIR1963Mys318; (1965)1MysLJ275
Somnath Iyer, J.1. Resurvey number 456/IB within the Municipality of Gadag-Betageri is a land belonging to the petitioner. Since that land was one of the lands adjacent to the premises of the Agricultural Produce Market Committee of Gadag-Betageri established under the provisions of the Bombay Agricultural Produce Market Committees' Act and since, according to that Committee it was necessary to extend the premises of the Committee for its activities, it made an application to the concerned 'authorities on January 22, 1960, for the acquisition of the petitioner's land along with the lands of others. This application was followed up by a further application made by the Committee on February 11, 1960 for a direction under Section 17(4) of the Land Acquisition Act.2. On December 13, 1960, a composite notification was issued by the Government under the provisions of Section 4 and Section 17(4) of the Land Acquisition Act. Under the former part of this notification it was announced that the ...
The Management of Mysore Press (P) Ltd. by Its Secertary T.A. Pampapat ...
Court: Karnataka
Decided on: Nov-23-1962
Reported in: AIR1963Mys250
ORDER1. The fourth respondent K. Puttaswamy was the Sub-Editor of a Kannada Daily called 'Janavani' conducted by the petitioner, Mysore Press (Private) Limited, Basavan-gudi, Bangalore--4. He was removed from service on Ist July 1957. That removal was the subject of an Industrial Dispute raised by the Mysore Journalists' Association. The State Government in exercise of their power under Section 10(1)(c) of the Industrial Disputes Act, 1947, referred the dispute to the Labour Court at Bangalore. The points of dispute so referred were,--'1. Is the Management justified in terminating the services of Sri. K. Puttaswamy, Sub-Editor, 'Janavani' from 1st July 1957 on alleged grounds of retrenchment?2. Is the Mysore State Journalists' Association justified in demanding that Sri. K. Puttaswamy be reinstated into his original post, with full compensation for the entire period of involuntary unemployment? If not, to what relief, it any, is the affected workman entitled?'2. The Labour Court went i...
H.C. Channiah Prop. H.P.C. Motor Service Vs. Regional Transport Author ...
Court: Karnataka
Decided on: Nov-22-1962
Reported in: AIR1963Mys253
Somnath Iyer, J.1. The complaint made in this writ petition Is against the proposal on the part of the Regional Transport Authority, Chickmagalur to assign timings to the various operators who were granted permits by it in December, 1961 and January 1962, in respect of various routes to which reference would be unnecessary in the course of this order. It is not disputed that when permits were granted to those operators during those two months, the Regional Transport Authority assigned to those operators timings which had to be in operation until timings were permanently assigned to them. On April 16, 1962, the Regional Transport Authority made an announcement that it would assign permanent timings to those operators after hearing the parties. That assignment was not made by it on the date specified in that announcement. There was once again another announcement in that regard and the last announcement which was made by the Regional Transport Authority was the one made on July 5, 1962 i...
Thirumalaiah Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Nov-20-1962
Reported in: AIR1963Mys255
Somnath Iyer, J. 1. In the issue of the Mysore Gazette of May 4, 1961 certain lands claimed by the petitioner were proposed to be acquired for the purpose of a tank whose construction was-considered to be imperative by the Government, on the basis of a report of the Public Works Department through the concerned Divisional Commissioner. By that Notification the Government also directed that the provisions of Section 5-A or the Land Acquisition Act shall not apply.2. In this Writ Petition in which this notification is challenged by the petitioner, two submissions have seen made by Mr. Sreenivasan, his learned Advocate. The first of them is that the provisions of Section 4(1) of the Act have been transgressed inasmuch as in addition to the notice published in the official Gazette, the public notice which the Deputy Commissioner, should have published giving notices of the substance of the notification published in the Gazette,, was not published. The second submission is that this was not...
B. Sanjeeva Rao Vs. Commissioner of Commercial Taxes in Mysore, Bangal ...
Court: Karnataka
Decided on: Nov-16-1962
Reported in: ILR1962KAR1026; [1963]14STC267(Kar)
Tukol, J. 1. These are three appeals filed by an assessee challenging the legality and the propriety of the assessment made by the Commissioner of Commercial Taxes in revision enhancing the assessment for the different periods on the ground that the Commercial Tax Officer and the Deputy Commissioner in appeal had omitted to take into account in estimating the gross turnover the expenditure incurred by the assessee over the maintenance of 22 servants amounting to Rs. 7,930 per year. The assessee is the proprietor of a hotel by name 'Ratan Cafe' located at Malleswaram, Bangalore 3. The Commercial Tax Officer determined the total annual sales of the assessee at Rs. 1,00,000 for the year 1956-57 and for the first and second half-years of 1957-58 at Rs. 50,000 each. This was a best judgment assessment as the accounts produced by the assessee did not record monthly sales of meal tickets and did not disclose the correct turnover. Being aggrieved by these decisions of the Commercial Tax Office...
Basavanneppa Sangappa Vs. Rajasaheb Mahammadahnif Saheb and anr.
Court: Karnataka
Decided on: Nov-16-1962
Reported in: AIR1964Kant43; AIR1964Mys43
Somnath Iyer, J.1. A landlord who applied for an order for possession, under Section 29 of the Bombay Tenancy and Agricultural Lands Act on the ground that his tenant had sublet the land leased to him and had committed default in the payment of rent and had therefore incurred liability to be evicted is the petitioner before us. On July 22, 1957 respondent 1 who was the tenant and respondent 2 who was the sub-tenant were issued notices under Section 14 of that Act terminating the tenancy. On November 29, 1959, the Tashildar, having reached the conclusion that the subletting had been proved, and having repelled the contention of the respondents that there was a waiver on the part of the landlord of his right to evict his tenants, gave the landlord the order which he wanted, and that order was confirmed by the Assistant Commissioner in the appeal preferred by the 1st Respondent. But in the revision petition presented by the 1st respondent to the Tribunal, he was able to get the order made...
Smt. Venkatamma Vs. Patel Venkataswamy Reddy
Court: Karnataka
Decided on: Nov-16-1962
Reported in: AIR1963Mys118
T.K. Tukol, J.1. This appeal is directed against the order of the Second Additional District Judge, Bangalore, in H.M. Miscellaneous Case No. 219 of 1958 on an application filed by the respondent for restitution of conjugal rights.2. The respondent who is the husband of the appellant, filed an application under Section 9 of the Hindu Marriage Act, 1955, alleging that she was refusing to return to his house since the Dasara of 1955, when she left to her parents' house for the holidays. He alleged that his wife had taken jewels worth Rs 1,500/- and had been staying away from him without any sufficient cause, at the instigation of her mother and some others. The appellant resisted this application by her written statement, in which she contended that the petitioner, her husband, was guilty of ill-treatment and had driven her out of his house after wantonly neglecting to maintain her and her daughter. She further alleged that there was danger to the life of herself and her daughter and tha...
Dattatraya Melgirigowda Patil and ors. Vs. Sidlingappa Ishwarappa Bull ...
Court: Karnataka
Decided on: Nov-16-1962
Reported in: AIR1963Mys179
T.K. Tukol, J.1. The appellants in the two cases filed Miscellaneous Application Nos. 18 and 19 of 1957 in the Court of the Civil Judge, Senior Division, Bharwar, under Order XXI Rule 90 of the Code of the Civil Procedure, praying for setting aside the auction sale held by the Mamlatdar on 22-11-1957 in execution of a decree in Special Darkhast No. 172 of 1935 transferred to the Collector for sale of certain lands attached in the execution proceedings. The petitioners alleged that there were several illegalities and material irregularities in the conduct of the sale and that as a consequence thereof, they (petitioners) had suffered substantial loss. The decree-holder resisted the applications by denying the alleged illegalities and irregularities and questioned the competency of the executing Court to entertain the petitions for setting aside the sale held by the Mamlatdar. In support of his contention the decree-holder relied upon the decision of this Court in Veerabhadrappa Saagappa ...
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