Karnataka Court April 1962 Judgments
S. Shankar Alva Vs. S. Ramayya Naik
Court: Karnataka
Decided on: Apr-19-1962
Reported in: AIR1964Kant16; AIR1964Mys16; (1963)1MysLJ360
Kalagate, J. 1. This appeal arises out of O.S. No. 107 of 1952 filed by the respondent-plaintiff in the Court of the Subordinate Judge, South Kanara, claiming accounts of all the monies realised by defendant 1 from the plaint schedule properties and praying that the said defendant may be directed to pay him his share of the amount so found due. The trial Court decreed the plaintiff's suit. Hence this appeal by the defendant.2. The facts giving rise to this appeal may be briefly stated as follows:3. The plaintiff filed the suit against defendants 1 and 2. Defendant 2 who is since dead was joined as a proforma party against whom no claim was made. The claim was only against defendant 1. Plaintiff and defendant 1 with defendant 2 formed members of one joint Aliyasanthana family. Defendants 1 and 2 are uterine brothers and the plaintiff is the son of the deceased sister of the defendants.4. It appears that this family owned considerable property but defendant 2, who was the yajaman of the ...
Tag this Judgment!Codialabail Press Vs. Monappa (K.)
Court: Karnataka
Decided on: Apr-12-1962
Reported in: (1963)ILLJ638Kant
ORDER1. The petitioner who is the manager of a printing press, complains against the direction made against him under S. 15 of the Payment of Wages Act, for the payment of retrenchment compensation to his quondam employees, the respondents. The respondents contended that they had been retrenched and that the retrenchment compensation payable under S. 25F of the Industrial Disputes Act, was claimable as wages under the Payment of Wages Act. The petitioner denied the retrenchment and asserted that the respondents were retired from service after they attained the age of superannuation. Functioning under S. 15 of the Payment of Wages Act, the District Magistrate Gave the respondents the order they wanted, and the District Court dismissed the petitioner's appeals preferred under S. 17 of the Payment of Wages Act. 2. The first argument presented is that the applications of the employees were not entertainable under S. 15 of the Payment of Wages Act, since according to the petitioner the only...
Tag this Judgment!Bombay State Road Transport Corporation and anr. Vs. Narayan Pandurang ...
Court: Karnataka
Decided on: Apr-11-1962
Reported in: AIR1963Mys161
B.M. Kalagate, J.1. The suit out of which this appeal arises was Instituted by the respondent-plaintiff claiming Rs. 71,200/- as damages for the injury sustained by him in a bus accident causes by the negligence of the appellants-defendants. The trust Court awarded him Rs. 35,200/- as damages, and hence this appeal by the defendants.2. The plaintiff instituted the suit (Special Jurisdiction Civil Suit No. 5 of 1954) in the Court of the Civil Judge Senior Division, Karwar, against the defendants. The Bombay State Road Transport Corporation is defendant 1, and defendant 2 is its driver.3. It is the plaintiffs case that on 29th March 1954 defendant 1 used the Passenger Bus No. BYL 9436 for carrying passengers from Hubli to Ankola. Defendant 2, the diver, was put on duty to drive the said bus. The plaintiff was one of the passengers in that bus. According to the plaintiff, the bus was not roadworthy even before it left Hubli. Its right front spring was not in proper order and had been dama...
Tag this Judgment!M. Thippeswamy Setty Vs. the Town Municipal Council
Court: Karnataka
Decided on: Apr-06-1962
Reported in: AIR1963Mys17
Narayana Pai, J.1. The petitioner, who is a dealer in cycles and petromax lights carrying on business at Chitradurga, prays for the issue of a writ of mandamus to the respondent, the Town Municipal Council of Chitradurga, directing the respondent to forbear from levying and collecting octroi on cycles, petromax lights and their spare parts.2. It is the contention of the petitioner that there is no authority of law on the basis of which the Municipality could levy octroi duty on the said articles.3. The answer of the Municipality is that octroi on the said articles has been duly and properly imposed and that the Municipality has been collecting the same from 1948. In support of the legality of the imposition, the Municipality states that the said imposition has been, made after following the procedure prescribed therefor by Section 62 of the Mysore Town Municipalities Regulation VIII of 1933 and that the Municipality has secured the sanction or approval of the Government for it as requi...
Tag this Judgment!Panduranga Bommiah Vernekar and anr. Vs. Collector of Central Excise, ...
Court: Karnataka
Decided on: Apr-02-1962
Reported in: AIR1962Kant260; AIR1962Mys260
K.S. Hegde, JJ.1. This is a petition under Article 226 of the Indian Constitution. The petitioners who were the Shroffs in Davangere, assail the validity of the order of confiscation, under Section 167 (8) of the Sea Customs Act read with Section 23-A of the Foreign Exchange Regulation Act, 1947, made by the Collector of Central Excise, Bangalore, in his D B. Dis. No. VIII/10/4/59-Cus. O. R. No. 7/59, dated 25-12-1959. It was firstly contended that the order of the Collector is vitiated, because the Collector did not bear in mind the fact that the burden of establishing the case was on the Department. The second ground of attack was that the Collector contravened the principle of 'natural justice in making the impugned order. We shall presently consider these grounds in detail. But before doing so it is necessary to set out the material facts.2. The 2nd petitioner is the son of the 1st petitioner; the petitioners are dealers in bullion atDavangere; on 24-1-59, the Superintendent of Cen...
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