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Karnataka Court April 1963 Judgments

Apr 11 1963

M. Clarance Vs. M. Raicheal and anr.

Court: Karnataka

Decided on: Apr-11-1963

Reported in: AIR1964Kant67; AIR1964Mys67; ILR1963KAR788; (1963)2MysLJ122

N. Sreenivasa Rau, C.J.1. I agree with the conclusions arrayed at by my learned brother Mir Iqbal Husain, J., on all the questions arising in this case and with the proposed order dismissing the petition. As some of the points involved are of great importance, I am adding the following observations:2. The question of jurisdiction of the Court in which the petition was filed is one of some difficulty. It may also be mentioned that the petition itself does not contain any averment as to the place of residence of either party with reference to the jurisdiction of the Court. The Petitioner (husband) is, however, described as residing at Vaniambadi in North Arcot District, Madras State, and Respondent-I (wife) is stated to be a school mistress in Robertsonpet, Kolar Gold Fields, which is within the territorial jurisdiction of the District Court, Bangalore, to which the petition was present.3. Under Section 10 of the Indian Divorce Act a petition for dissolution of marriage has to be present...

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Apr 11 1963

Minoo Kaikushru Belgamwala and ors. Vs. Maneck Marzban Kothawala

Court: Karnataka

Decided on: Apr-11-1963

Reported in: AIR1964Kant185; AIR1964Mys185; (1963)2MysLJ137

Kalagate, J.1. This appeal is directed against the judgment and decree-dated 21st March 1960, passed by the learned District Judge, Civil Station, Bangalore, in Original Suit No. 8 of 1958. The appellants are the two plaintiffs and defendant 2 whereas the respondent is the 1st defendant.2. A few facts and circumstances leading to this appeal may shortly be stated as follows;3. One Dinshaw Kaikhusru Belgamwala died intestate on 11th April 1953 leaving behind him surviving his mother Mrs. G.K. Belgamwala and his two sons defendants 1 and 2. The first defendant filed an application on 20th June 1956 in the Court of the District Judge, Civil Station, Bangalore, for the grant of Letters of Administration to the estate of Late Mr. Dinshaw Kaikhusru Belgamwala which was registered as Mis. Case No. 100 of 1956. The said application was opposed by the plaintiffs herein on various grounds. However, the parties arrived at a compromise and their shares were determined.4. Under the law pertaining t...

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Apr 10 1963

K.V. Adinarayana Setty Vs. Commercial Tax Officer, Kolar Circle, Kolar

Court: Karnataka

Decided on: Apr-10-1963

Reported in: ILR1963KAR561; [1963]14STC587(Kar)

ORDERSadasivayya, J.1. The petitioners in this revision petition were the respondents in C.M.C. No. 44 of 1962 in the Court of the Second Magistrate, Kolar. In that case, viz., C.M.C. No. 44 of 1962, the petitioner was the Commercial Tax Officer, Kolar. The petition which had been filed by him was under section 13(3)(b) of the Mysore Sales Tax Act, 1957 (hereinafter referred to as the Mysore Act). The prayer was for the recovery of a certain sum due as tax under the Central Sales Tax Act, 1956 (hereinafter referred to as the Central Act) in the petition; a sum of Rs. 126-01 was also sought to be recovered as penalty due under section 13(2) of the Mysore Act. The Magistrate overruled certain objections which had been raised by the respondents and ordered the issue of a warrant for the attachment of the moveables of the respondents. The present revision petition is directed against the said order made by the learned Magistrate. 2. In an earlier petition filed by the Commercial Tax Office...

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Apr 05 1963

P.S. Venkataswamy Setty Vs. University of Mysore and ors.

Court: Karnataka

Decided on: Apr-05-1963

Reported in: AIR1964Kant159; AIR1964Mys159; (1963)2MysLJ383

Narayana Pai, J.1. By Notification No. A.3-167-59-60 dated 25th June 1959 the first respondent-University of Mysore through its Registrar invited applications from duly qualified candidates of Indian nationality for appointment in respect of six posts of Professors and twelve posts of Readers in various subjects of study The posts included one post of Professor of Physics and three posts of Readers in Physics The Petitioner was one of the applicants for the post of a Reader in Physics. Although several candidates for the posts of Professor and Readers m Physics were interviewed by the Board of Appointments, none was selected. The posts in the Physics Department, viz., one post of Professor and three of Readers were re-advertised by a subsequent Notification No. D6-357-60-61 dated 15th November 1960. The Petitioner once again applied for appointment as one of the Readers m Physics. The second respondent was an applicant for the post of Professor of Physics and Respondents 3 to 5 were ap...

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