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Karnataka Court October 1963 Judgments

Oct 16 1963

Mana Mohamed Ismail Vs. V. Balarathnam

Court: Karnataka

Decided on: Oct-16-1963

Reported in: AIR1965Kant28; AIR1965Mys28; (1964)1MysLJ31

M. Sadasivayya, J.(1) These proceedings pertain to the findings of a Tribunal which had been constituted under Section 11(2) of the Indian Bar Councils Act, 1926, (hereinafter referred to as the Act); the findings of the Tribunal have been forwarded to this High Court under Section 12(2) of the Act. By reason of the first proviso to sub-clause (ii) of clause (3) of the Advocate's (Removal of Difficulties) Order, 1963, this matter will have to be dealt with and disposed of by this High Court, under Section 12 of the Act.(2)The undisputed facts of the case are as follows : The complainant Janab Mana Mohamed Ismail Saheb had engaged the services of the respondent-Advocate Shri V. Balarathnam to apply to the High Court of Mysore for directing the Income-tax Appellate Tribunal to make a reference on a question of law arising out of an Income-tax case which before the Income-tax Appellate Tribunal, Hyderabad. The respondent-Advocate, accordingly made an application for that purpose, under Se...

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Oct 11 1963

Shivabasappa Shivappa Vs. State of Mysore and ors.

Court: Karnataka

Decided on: Oct-11-1963

Reported in: (1964)ILLJ693Kant; (1964)1MysLJ15

ORDERHegde, J.1. This petition under Art. 226 of the Constitution came up before this Court for hearing on 26 March, 1959. This Court allowed the petition and set aside the punishment imposed on the petitioner on the sole ground that the inquiry held against the petitioner was vitiated because, the examination-in-chief of the witnesses examined during the inquiry was not made in the presence of the petitioner. Aggrieved by that order, the State took up the matter in appeal to the Supreme Court. The Supreme Court set aside the decision of this Court and remanded the case for disposing of the questions which had not been considered at the earlier hearing. The decision of the Supreme Court is in State of Mysore v. Shivabasappa Shivappa [1964 - I L.L.J. 24]. In the last paragraph of the judgment, the Supreme Court observed thus : 'This finding (finding relating to the validity of the enquiry held) does not dispose of the entire matter. It is contention of the respondent that the Deputy Ins...

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