Karnataka Court March 1964 Judgments
Coffee Board, Bangalore Vs. Janab Dada Haji Ibrahim Halari
Court: Karnataka
Decided on: Mar-31-1964
Reported in: AIR1966Kant118; AIR1966Mys118; (1965)1MysLJ546
Somnath Iyer, J.(1) This is a plaintiff's appeal from the Decree of the Subordinate Judge, South Kanara who dismissed the suit brought by the Plaintiff for the recovery of a sum of Rs. 2,19,490-37 nP. by way of damages.(2) The material facts are these:On January 21, 1957 the plaintiff which is a statutory body called the Coffee Act (Central Act VII of 1942) invited tenders for the purpose of 839 tons of various types and grades of Coffee specified in the tender notice. The defendant who is a merchant of Mangalore carrying on business in the export of coffee to foreign markets, submitted his tender on February 13, 1957. It was found by the Coffee Board that the rates specified by the defendant in his tender were the highest rates in respect of 319 tons of Coffee of various types and grades. The Coffee Board which will be referred to as the 'Board' accordingly communicated to the defendant by its letter of February 14, 1957 its acceptance of the tender of the defendant with respect to th...
Tag this Judgment!Mysore Silk Waste Merchants and Reelers Association Vs. Official Liqui ...
Court: Karnataka
Decided on: Mar-26-1964
Reported in: [1965]35CompCas107(Kar); (1965)1MysLJ710
Somnath Iyer, J.1. This is an appeal preferred under section 483 of the Companies Act, 1956, by an association called the Mysore Silk Waste Merchants and Reelers Association, Channapatna. 2. On August 10, 1959, a company called the Mysore Spun Silk Mills Ltd., was ordered to be wound up by an order made by this court. The official liquidator published a notice that the creditors should prove their debts before January 26, 1960. The 2nd respondent in this appeal, which is a firm called Shan Harilal Bhikabhai and Sons, produced its affidavit in proof of the debt claimed by it, on January 25, 1960, which was followed up by a supplemental affidavit produced on August 11, 1960. In the first affidavit, the firm claimed two sums of money. The first was a sum of Rs. 50,000 which was described as trust money deposited on March 26, 1957, with the company. The second sum of money claimed was a sum of Rs, 1,17,350.65 np. which was described as the balance due on August 10, 1959, in a running accou...
Tag this Judgment!The State of Mysore Vs. M.N.V. Rao
Court: Karnataka
Decided on: Mar-26-1964
Reported in: (1964)2MysLJ338; [1964]15STC540(Kar)
ORDERTukol, J.1. The sole question that arises for our consideration in these petitions filed by the State Government of Mysore under section 23(1) of the Mysore Sales Tax Act, 1957 (which is hereinafter called the Act) is whether the 'cottage basin' which is used in the silk industry for spinning and reeling silk is a 'machinery' under item 20 in Schedule 2 to the Act. 2. The respondent is a manufacturer of an apparatus or contrivance called 'cottage basin'. It is used for spinning and reeling silk. The respondent was assessed to sales tax on his total turnover, treating the apparatus manufactured by him as 'machinery' within the meaning of item No. 20 of the Second Schedule to the Act by the Commercial Tax Officer. The respondent appealed against the order to the Deputy Commissioner without any success. He held that 'cottage basins' are not charaka but that they are 'machinery' within the meaning of that terms used in serial No. 20 of the Second Schedule. It may be mentioned that ite...
Tag this Judgment!The State of Mysore Vs. Laxman Sharanappa Shraguppi and anr.
Court: Karnataka
Decided on: Mar-26-1964
Reported in: AIR1965Kant31; AIR1965Mys31; (1964)1MysLJ302
Chandrashekhar, J. (1) The State has filed this appeal against the acquittal of the two accused persons by the Additional Sessions Judge, Bijapur, in Session Case No. 96/1961.(2) Laxman Sharanappa Shirguppi and Gurappa Shidramappa Shirguppi, the respondents in this appeal, were charged with the offence the committing murder of Bhimashya Ramdas Mangasuli, on or about 11-8-1961 at about 9 A.M. near a bund in R.S. No. 76/3B of Takkalki village, in furtherance of their common intention to commit the murder. The charge further stated that A-1 Laxman Sharappa Shirguppi beat the deceased with the axe and that A-2 Gurappa Shidramappa Shirguppi beat the deceased with a stick and thus both of them caused the death of Bhimashya and thereby committed and offence punishable under Section 302 read with Section 34 of the Indian Penal Code.(3) The learned Sessions Judge held that accused 1and 2 assaulted the deceased and caused his death as alleged by the prosecution; but that they acted in self defen...
Tag this Judgment!Kelkar (V.R.) Vs. State of Mysore
Court: Karnataka
Decided on: Mar-24-1964
Reported in: [1964(9)FLR98]; (1965)IILLJ515Kant; (1964)1MysLJ335
ORDERGopivallabha Ayyangar, J. 1. The petitioner in this case was working as a muster clerk in Public Works Department, Haveri, during the year 1959. After a preliminary enquiry, charges were framed against the petitioner alleging that he while working as a muster clerk marked false attendance, as present in respect of mazdoor Peerappa Shivappa from March 21, 1959 to April 20,1959, even though the said Peerappa Shivappa did not attend to the work on those days, and the pay of the said mazdoor Peerappa Shivappa was claimed, taking a receipt with the thumb-impression of one Thippanna and misappropriated a sum of Rs. 42.47, being therefore guilty of fabricating false evidence by marking false attendance and also misappropriating Government money to the extent of Rs. 42.47. The payment is alleged to have been made on May 12, 1959. In support of the charges six witnesses were examined including mazdoor Peerappa, Thippanna and the handwriting expert, D. J. Doddamani. In answer to the charges...
Tag this Judgment!Javali (V.K.) Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Mar-24-1964
Reported in: ILR1964KAR673; (1966)IILLJ475Kant; (1965)2MysLJ810
ORDERSadasivayya, J. 1. The petitioner, who was the Joint Director of Public Instruction, has since retired during the pendency of this writ petition. The facts and circumstances which have led to this writ petition, briefly stated, are as follows. 2. The petitioner who was in Bombay educational Service was confirmed in September, 1951 in class I (Administrative Branch) of that service. In July, 1953, while he was occupying the post of the Educational Inspector, Dharwar, he made a speech, in consequence of which he was placed under suspension and disciplinary proceedings were taken by the Government of Bombay. As a result of those proceedings, the Government of Bombay passed an order in October, 1954 directing (i) that the petitioner's increments be withheld for a period of three years with out permanent effect, and (ii) that he should not be appointed as Educational Inspector or as Principal of any training college during that period. 3. On 12 November, 1954, the petitioner was furth...
Tag this Judgment!Sangappa Basappa Upnal Vs. State of Mysore (by Chief Secretary) and or ...
Court: Karnataka
Decided on: Mar-24-1964
Reported in: (1966)ILLJ265Kant
ORDERSadasivayya, J. 1. Petitioner Sangappa Basappa Upnal who had been an officiating aval karkun or sheristedar had been reverted in consequence of an order dated 11 March, 1959, made by the Government of Mysore, to his substantive post of a clerk. (It would appear that subsequent to the said order of reversion the petitioner has been again promoted on an officiating basis to the post of an aval karkun in due course; but, this is not material for the purposes of the present writ petition.) The present writ petition has been filed for the purpose of getting an order from this Court quashing the said Government order dated 11 March 1959 (which is to be found in annexure H). Respondent 1 is the State of Mysore; respondent 2 is the Divisional Commissioner of Belgaum Division and respondent 3 is one Kalpavrix who also is an aval karkun and it is at his instance that the order as per annexure H was passed by the Government of Mysore. It may be stated that annexure H does not in terms refer ...
Tag this Judgment!V.R. Kelkar Vs. the State of Mysore
Court: Karnataka
Decided on: Mar-24-1964
Reported in: AIR1966Kant218; AIR1966Mys218
G. Iyengar, J.(1) The petitioner in this case was working as a Muster Clerk in P.W. D. Hayeri Sub-Division, Haveri during the year 1959. After a preliminary enquiry charges were framed against the petitioner alleging that he while working as Muster Clerk marked false while working as a Muster Clerk marked false attendance as present in respect of Mazadoor Peerappa Shivappa from 21-3-1959 to 20-4-1959, even though the said Peerappa Shivappa did not attend to the work on those days, and the pay of the said Mazadoor Peerappa Shivappa was claimed, taking a receipt with the thumb impression of one Thippanna and misappropriated a sum of Rs. 4247 nP., being therefore guilty of fabricating false evidence by marking false attendance and also misappropriating Government money to the extent of Rs. 42.47 nP. The payment is alleged to have been made on 12-5-1959.In support of the charges six witnesses were examined including Mazadoor Peerappa Thippanna and the Hand-Writing Expert D.J. Doddamani. In...
Tag this Judgment!Nandappa Paramanna Vs. Shidgouda Ningappa and ors.
Court: Karnataka
Decided on: Mar-23-1964
Reported in: AIR1964Kant217; AIR1964Mys217; ILR1964KAR792
Somnath Iyer, J.1. This is a plaintiff's appeal and is directed against that part of the decree of the Civil Judge by which his suit for the recovery of possession of two items of land alienated to defendant 3 was dismissed.2. The relationship between the parties is displayed by the following pedigree. KALLAPPA (Original ancestor) | ____________________________________________________________ | | | Maddeppa-Gangawwa. Sadashivappa Paramanna-Babakka. | | _____________________________________ Nandeppa | | adopted son Kallappa Ningappa (Plaintiff) Nandewwa. Ningawwa. | | Dhareppa adopted Shidgouda son (Defendent-2) adopted son3. It is seen from this pedigree that Kallappa had three sons Maddeppa, Sadashivappa and Paramanna. Maddeppa died without issues and his widow is dead. Sadashivappa had two sons Kallappa and Ningappa. Kallappa died in the year 1927 leaving behind him his widow Nandeppa who adopted defendant 2 on March 27, 1947. Ningappa died in the year 1946 leaving behind him his wid...
Tag this Judgment!Veerappa Shiddalingappa Virupathi and ors. Vs. State of Mysore and ors ...
Court: Karnataka
Decided on: Mar-13-1964
Reported in: AIR1965Kant227; AIR1965Mys227; (1964)2MysLJ211
K.S. Hegde, J. (1) These petitions came up before me and Ahmed Ali Khan, J. on September 4, 1963. After hearing Counsel for the parties, we referred the question, whether Rule 11(2) of the Rules framed under the Bombay Municipal Boroughs Act (to be hereinafter referred to as the 'Act'') is a valid Rule, to the decision of a Full Bench. This reference became necessary in view of the decision of this Court in (1963) 2 Mys LJ 83, the correctness of which was seriously challenged before us by the learned Counsel for the petitioners. If that decision is held to lay down the law correctly, then Rule 11(2) must be held to be invalid. As we were of the opinion that the decision in question may require reconsideration, we referred the above question of law for the decision of Full Bench.(2) The material facts bearing on the question under consideration are as follows: In about the beginning of 1963, a calendar of events for the general election to the Belgaum Municipal Borough was duly publishe...
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