Karnataka Court December 1963 Judgments
In Re: Varthakavardhini Bank Ltd. [In Liquidation]
Court: Karnataka
Decided on: Dec-31-1963
Reported in: [1964]34CompCas295(Kar)
1. In the list of debtors filed by the liquidator on June 30, 1954, the two debts of which repayment is claimed from the aforesaid R. chikkaveeranna are items 45 and 46 viz. ' 45 Hand loan dated December 31, 1936, by Telandur Shvachar late katte malelavadi Rachappa s Rs. 5,500. 46. do. dated June 2, 1937, for Rs. 250.' 2. The said Chikkaveeranna died on August 22, 1956. Hence the liquidator took out notice to his widow, subbamma, The Said subbamma in her affidavit of objection stated that she had no knowledge of the loans taken by her deceased husband and put the liquidator to strict proof. she also objected to the the claim as barred by time, firstly, because she is sought to be imploded as a legal representative nearly eight years after the death of her husband without any application for setting aside the abatement or to condone the delay in imploding her, and, secondly, because the original cause of action against here husband was barred by limitation and there is bothing in the b...
Tag this Judgment!Kadethotada Gulappa Basappa Vs. Election Officer, Naregal Town Panchay ...
Court: Karnataka
Decided on: Dec-18-1963
Reported in: AIR1965Kant62; AIR1965Mys62; ILR1964KAR165; (1964)1MysLJ355
Gopivallabha Iyengar, J.(1) The petitioner was a candidate for the election of members to constitute the Panchayat of the village of Naregal situated in Ron Taluks, Dharwar District. Respondents 2 to 11 also were candidates for the aforesaid election. At the scrutiny of the nomination papers the nomination paper of the petitioner was rejected. The elections were held on 1-11-1960 and the result was declared on 2-11-1960. The petitioner filed Miscellaneous Case No. 16/1960 before the Civil Judge and Judicial Magistrate, First Class, Ron, challenging the result of the elections aforesaid.(2) Under Rule 8 of the Rules framed under the Mysore Village Panchayats and Local Boards Act, 1959 (hereinafter referred to as the Act), it is provided that on or before the date appointed under clause (d) of rule 7, each candidate shall, either in person or by his proposer or by a person authorised in writing in this behalf by the candidate, between the hours of eleven O' clock in the forenoon and thre...
Tag this Judgment!Viswanatha Chettiar Vs. Agricultural Income-tax Officer, Mercara
Court: Karnataka
Decided on: Dec-17-1963
Reported in: ILR1963KAR1184; [1966]61ITR50(KAR); [1966]61ITR50(Karn); (1965)2MysLJ68
1. In this reference under section 54 of the Coorg Agricultural Income-tax Act, 1951, to be hereinafter referred to as 'the Act', two questions of law have been referred to us for our opinion. They are : '1. Whether there were materials for the Commissioner of Agricultural Income-tax to hold that the status of the applicant is an `association of persons' for purposes of assessment under the Coorg Agricultural Income-tax Act, 1951 2. Whether the sale proceeds of timber removed from the petitioner's estate can form part of agricultural income ?' Hegde, J.2. Sri E. M. Muthappa Chettiar, the former owner of the estate called the 'Cotacaudu and Jeynacaudu Estates', Sontikoppa, Coorg, by a deed of settlement dated December 19, 1955, transferred the right of ownership of the estate to his three sons in shares who continued to administer and cultivate the lands of the estate as equal partners. As the ownership of the estate was merely transferred from the father to the sons, the Agricultural ...
Tag this Judgment!Vedavalli Vs. M.C. Ramaswamy
Court: Karnataka
Decided on: Dec-12-1963
Reported in: AIR1964Mys280; 1964CriLJ686; (1964)1MysLJ44
1. This is an appeal by a wife whose application for a decree for judicial separation under Section 10 of the Hindu Marriage Act was dismissed by the District Judge. The marriage between the appellant and her husband who is the respondent was solemnised in the City of Mysore on May 5, 1942. They began to live together in the City of Bangalore from the year 1945 and there were at least four issues of that marriage only two of which now survive. On July 3, 1958, the appellant made an application to the District Judge for a decree for judicial separation and the only ground on which the decree was sought was that the husband committed an act of adultery with his sister's daughter Alumelu after the solemnisation of the marriage.2. The District Judge did not consider that that accusation against the husband was established and so he refused to make a decree for judicial separation.3. There is undisputed evidence in this case that after the two spouses began to live together in Malleswaram i...
Tag this Judgment!Peerjade Husen Sab MohadIn Vs. Commissioner of Labour, Bangalore and o ...
Court: Karnataka
Decided on: Dec-09-1963
Reported in: [1965(10)FLR12]; (1964)IILLJ451Kant
1. In this petition under Art. 226 of the Constitution the petitioner prays that the order dated 8 July 1963 passed by respondent 1 may he quashed. By that order, respondent 1 dissolved the works committee constituted for the Gokak Mills, Ltd., i.e., respondent 2, and directed the said mills to reconstitute the works committee in accordance with his department's notification No. T.8/Pr-86/61-62, dated 5 January 1962, and the Industrial Disputes (Mysore) Rules. 1957. He also directed the management to give particular attention to the Publication of the voters' list and rectify other defects before conducting the elections to the works committee. 2. Respondent 2, which is under an obligation under S. 3(1) of the Industrial Disputes Act, 1947, to constitute a works committee consisting of representatives of employers and workmen engaged in the establishment, issued a notice on 21 September 1962, for the constitution of the works committee and therein it was mentioned that five workers had...
Tag this Judgment!Peerajade Husensab MohadIn Vs. the Commissioner of Labour and ors.
Court: Karnataka
Decided on: Dec-09-1963
Reported in: AIR1965Kant39; AIR1965Mys39
B.M. Kalagate, J.(1) In this petition under Art. 226 of the Constitution, the petitioner prays that the order, respondent I may be quashed. By that order, respondent I dissolved the Works Committee constituted for the Gokak Mills Ltd. i.e. respondent 2, and directed the said Mills to reconstitute the Works Committee in accordance with his Department's Notification no. T. 8/PR-86-61-62, dated the 5th January,1962, and the Industrial Disputes (Mysore) Rules, 1957. He also directed the management to give particular attention to the publication of Voters list and rectify other defects before conducting the elections to the Works Committee.(2) Respondent 2, which is under an obligation under section 3(I) of the Industrial Disputes Act, 1947, to constitute a Works committee consisting of representatives of employers and workman engaged in the establishment, issued a notice on 21st September, 1962 for the constitution of the Works Committee and therein it was mentioned the five workers had to...
Tag this Judgment!B.H. Honnalige Gowda Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Dec-09-1963
Reported in: AIR1964Kant84; AIR1964Mys84
Somnath Iyer, J.1. In these applications, we are asked to pronounce against the constitutionality of a legislation made by the legislature of the new State of Mysore instituted the Mysore Village Offices Abolition Act, 1961 (Mysore Act No. 14 of 1961), and. In the decision of this question, we had theadvantage of an interesting and learned argument on both sides.2. The applicants are village officers of the new State of Mysore. Some of them are Shanbhogs and the others are patels. We have before us Shanbhogs and patels appointed under the Mysore Village Offices Act, 1908, (Mysore Act No. IV of 1908) and village officers known as Karnams appointed under the Madras Hereditary Village Offices Act, 1895 (Madras Act No. III of 1895). There is one more before us who is called a stipendiary shanbhog appointed under Section 14 of the Mysore Land Revenue Code.3. In the thirty six matters which were heard together, there are in all 943 applicants 924 out of them are shanbhogs among whom one is t...
Tag this Judgment!P. Krishna Rao Vs. State of Mysore
Court: Karnataka
Decided on: Dec-02-1963
Reported in: [1964]15STC312(Kar)
ORDERHegde, J.1. This is a revision petition filed under section 23 of the Mysore Sales Tax Act, 1957. It relates to the assessment year 1960-61. 2. Assessments for the assessment years 1958-59, 1959-60 and 1960-61 were made simultaneously. They were made on the basis of 'best judgment', the Commercial Tax Officer having rejected the accounts produced by the assessee. In making the 'best judgment' assessment the Commercial Tax Officer adopted the five times of the working expenses formula. When the matter was taken up in appeal to the Deputy Commissioner of Commercial Taxes, he held that the formula in question is inapplicable for the assessment years 1958-59 and 1959-60, but he adopted that formula for the assessment year 1960-61. No reason was given by him as to why he adopted that formula for the year 1960-61 though he himself had rejected that formula as being inapplicable to the facts of the case for the assessment years 1958-59 and 1959-60. The learned Deputy Commissioner does no...
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