Karnataka Court August 1962 Judgments
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Manjunatha Setty M.L. Vs. Regional Provident Fund Commissioner and ors ...
Court: Karnataka
Decided on: Aug-24-1962
Reported in: (1964)ILLJ697Kant
1. These petitions are filed by the same petitioner. They raise a common question of law. 2. The petitioner is the owner of three coffee estates in Chickmagalur district. Respondent 3, the provident fund inspector, has called upon him to contribute to the employees' provident fund. The petitioner has disputed his liability to contribute to that fund. The objection of the petitioner is that in none of his estates he has been employing fifty or more persons and, therefore, for the period from 1957 to end of 1960 he is not liable to contribute to the fund. The question whether the petitioner had employed fifty or more persons during the relevant period does not appear to have been decided by any of the authorities. That was undoubtedly a point in dispute between the petitioner and respondent 3. The counter-affidavit filed by respondent 1 shows that respondent 1 had decided that question; but, his conclusion has not been recorded, though orally informed to the petitioner. It is difficult t...
H.N. Nanjundaswamy Vs. the State of Mysore by Its Chief Secretary to G ...
Court: Karnataka
Decided on: Aug-21-1962
Reported in: AIR1963Mys202; ILR1962KAR828
Govinda Bhat, J.1. These are petitions under Article 226 of the Constitution by two Civil Servants of Class III and Class IV of the Mysore State Civil Services, for issue of Writs of Mandamus. The substance of the relief prayed for, which is rather vaguely worded, is that the respondent State of Mysore should be directed to fix uniform pay-scales for all their civil servants without discrimination, so that the new pay scales do not fall below the level of the scales applicable to the Civil Servants allotted from Bombay or Hyderabad.2. The petitioner in Writ Petition No. 385/1960 joined as a Second Division Clerk in about 1950 and the petitioner in Writ Petition No. 316/1960 joined service on 1st July 1956 as a peon in the Government Secretariat of the former State of Mysore. On the formation of the new Mysore State under the States Re-organization Act, 1956, hereinafter referred to as the Act, all Civil Servants in the employment of the former Mysore State and Coorg and a part of the s...
Patel Muddegowda and ors. Vs. Gangamma and ors.
Court: Karnataka
Decided on: Aug-20-1962
Reported in: AIR1963Mys79
Mir Iqbal Husain, J.1. Gangamma and her minor daughter Chikkamma, who are respondents before this Court, filed a suit for maintenance against Patel Mudde Gowda and five others who are the appellants before this Court, and obtained a decree. The appellants filed an appeal before the Subordinate Judge, Tumkur but that appeal was not contested on its merits but a compromise was entered into between the parties. By that compromise some lands were given to respondents 1 and 2 for their maintenance. The further term of the compromise was that the appellants should construct a house, ten 'ankanams' in extent on vacant site, item No. 13 of the schedule and deliver over the same to the respondents before April, 1955. Failing to so construct the house within the stipulated time, the appellants will be liable to pay a sum of Rs. 500/- to the respondents towards the cost thereof. This latter is an important term of the compromise, for the dispute between the parties centres round the fulfilment of...
Basappa Ramappa Naik and ors. Vs. State
Court: Karnataka
Decided on: Aug-17-1962
Reported in: 1963CriLJ698
Hegde, J.1.The Appellants who were convicted under Section 302 read with Section 34 I.P.C. and sentenced to suffer imprisonment for life in Sessions Case No. 43 of 1961 on the file of the II Additional Sessions Judge, Belgaum, have come up in appeal to this Court.2. Briefly stated, the prosecution case is as follows;On 2-3-1961, the villagers of Pamaldini village, in Belgaum District, were celebrating the 'Dhulwed' day (the day following the Holi). It was a day of merriment for the villagers. On that day, the villagers were having a gala time on the river bed. At about 5 P.M. of that day the deceased Basappa, a notorious character in the village, came to the river bed. Very soon thereafter, 'he held out a challenge that if any one gathered there were to jump 8 cubits forward as well as backwards, he would give that person Rs. 5/-. To that, A 1 retorted that he would give him Rs. 5/- if he performed that feat. These challenges and counter-challenges led to an altercation between A-1 and...
Printers (Mysore) (Private) Ltd. Vs. Pothan Joseph and ors.
Court: Karnataka
Decided on: Aug-16-1962
Reported in: [1963(7)FLR301]; ILR1962KAR690; (1963)IILLJ235Kant; (1963)1MysLJ200
ORDERHegde, J.1. In this petition under Arts. 226 and 227 of the Constitution, the petitioner, namely, the Printers (Mysore) (Private), Ltd., a limited company, has prayed for quashing the order passed by the labour court, Bangalore, on 31 August, 1960. Two different grounds are advanced in support of the petitioner's prayer. Firstly, it is contended that the impugned order is vitiated, as the presiding officer did not conform to the principles of natural justice. It is nextly urged that the order in question is an invalid order as it was made on a reference which was not subsisting on the date the same was passed, i.e., on 31 August 1960. 2. The facts material for the purpose of pronouncing on the contentions advanced before this Court are as follows : On 1 April, 1948 the petitioner appointed Mr. Pothan Joseph, respondent 1, as the editor of Deccan Herald, a paper run by the petitioner. On 1 April, 1948 the petitioner and the respondent 1 entered into a written agreement. As per the ...
M.S. Diwakar Vs. the State of Mysore and anr.
Court: Karnataka
Decided on: Aug-16-1962
Reported in: [1963]14STC625(Kar)
Hegde, J. 1. These are connected petitions. In these petitions, the petitioner is challenging the validity of the proceedings instituted against him before the City Magistrate of Bangalore by the second respondent under section 13(3)(b) of the Mysore Sales Tax Act, 1957. It is contended on behalf of the respondents that the petitioner is a transferee of the business formerly run by one H. Nagappa and therefore, he is liable to pay the arrears of tax due from Nagappa. The petitioner denies his liability to pay the tax in question. When he resisted the applications, the learned Magistrate refused to entertain his objections on the ground that no such objection could be taken before him in view of section 32 of the Mysore Sales Tax Act, 1957. The question for our decision is whether section 32 is applicable to the facts of the present case. 2. It is admitted that the petitioner was not assessed to tax though his alleged transferor was assessed to tax. It is also admitted that before proce...
Shah T.A. Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Aug-14-1962
Reported in: (1964)ILLJ237Kant
Somnath Ayyar, J.1. In this application which involves the interpretation of S. 33(5) of the Industrial Disputes Act, the petitioner, who was an employee of a concern called the Indian Tin Industries (Private), Ltd., and who was dismissed on 17 September, 1958 for misconduct during the pendency of proceedings relating to an industrial dispute before a labour court, questions the correctness of an order made by the labour court striking off an application presented by the company under the proviso to S. 33(2)(b) of the Act for approval of the dismissal of the petitioner. 2. In the proceedings before the labour court touching the industrial dispute, an award was made by it which was published in the official gazette either on 25 November, 1958, or on 26 or 27 of that month. Before this award was published, the petitioner had been dismissed by the company on 17 September, 1958, after the holding of an enquiry into an act of misconduct with which he was charged. On 18 September, 1958, the ...
G. Padmanabhappa Vs. Excess Profits Tax Officer, Bellary
Court: Karnataka
Decided on: Aug-13-1962
Reported in: [1963]49ITR763(KAR); [1963]49ITR763(Karn)
K.S. Hegde, J. 1. These are connected petitions. They are filed by the two partners of a dissolved firm. The firm in question was assessed to excess profits tax in a sum of Rs. 74,612-11-0 and a compulsory deposit of Rs. 19,816 for the chargeable accounting period from October 30, 1943 to April 30, 1944, and a notice of demand was issued to them by the Income-tax Officer on February 1, 1948, which was served on them on or before March 10, 1948 (The exact date is not known). The assessee applied to the Income-tax Officer for extension of time for the payment of tax assessed. Time was granted till April 15, 1948. Meanwhile, they filed on appeal to the Appellate Assistant Commissioner. The Inspecting Assistant Commissioner extended time on September 3, 1948, for the payment of the tax levied till the disposal of the appeal. The appeal was disposed of in 1957. A certificate under section 46(2) of the Indian Income-tax Act, read with rule 3 of the Excess Profits Tax Rules, 1940, was issued ...
India Sugars and Refineries Ltd. Vs. Collector of Central Excise, Bang ...
Court: Karnataka
Decided on: Aug-10-1962
Reported in: 2000(124)ELT3(Kar)
ORDER1. These are connected petitions. The same petitioner has filed all these petitions. In these petitions, the petitioner complains that the penalty imposed on it by the Collector of Central Excise as per his Order, dated 13-4-1959, which is impugned in the present petitions, is not authorised by law and, therefore, it is an illegal levy. 2. The material facts are as follows :- The petitioner is a manufacturer of sugar in Hospet in Bellary District. He was storing sugar in his factory premises. On 15-5-1957, the petitioner issued out of its factory after paying the duty due on 250 bags of sugar. These 250 bags were issued in five different consignments. For each one of the consignments, a separate gate pass was issued. The sugar was issued in the presence of the official belonging to the Central Excise Department. That official had noted the time of the issue in the petitioner's account as well as in the gate passes. Admittedly, the sugar in question was issued from the godown somet...
M.L. Abdul Malik and Co. Vs. Commercial Tax Officer, 2nd Circle, Basav ...
Court: Karnataka
Decided on: Aug-10-1962
Reported in: ILR1962KAR934; [1963]14STC214(Kar)
ORDERHegde, J.1. In this petition under Article 226 of the Constitution, the petitioners pray that this Court may be pleased to : (i) strike down item 31-B included in the Fifth Schedule of the Mysore Sales Tax Act, 1957 (to be hereinafter referred to as the 'Act') as a result of the enactment of the Mysore Sales Tax (Second Amendment) Act, 1958 (Act 31 of 1958) as being beyond the competence of the Mysore Legislature in view of the provisions of the Additional Excise Duty on woollen fabrics, artificial silk fabrics, sugar and tobacco (Goods of Special Importance) Act, 1957 - Central Act 58 of 1957 (to be hereinafter referred to as the Central Act 58 of 1957) and (ii) quash the Order No. D2/58-59 dated 19th March, 1960, (marked as exhibit A) passed by the first respondent and the appellate order in Appeal Petition No. 71/60-61 dated 10th December, 1960, passed by the second respondent by issue of a writ of certiorari or any other appropriate writ or direction or order as this Court may...
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