Karnataka Court July 1964 Judgments
State of Mysore Vs. Mensinakal (S.P.)
Court: Karnataka
Decided on: Jul-30-1964
Reported in: [1966(12)FLR179]; (1967)ILLJ87Kant
Somnath Ayyar, J. 1. In this appeal preferred by the State Government, the challenge is to an order of acquittal made by a Magistrate of Haveri in a prosecution commenced under S. 22A of the Minimum Wages Act (Central Act 11 of 1948). 2. The accused was the secretary of the Haveri Municipality, Haveri, constituted under the Bombay District Municipalities Act. The accusation was threefold. The first was that the naka clerks in the employment of the municipality were not allowed the weekly day of rest enjoined by rule 24 of the Mysore Minimum Wages Rules, 1958. The second was that there was a failure to maintain an overtime register showing payments of overtime wages in disobedience to rule 28(2). The third was that the wage slips in form VI were not issued to those clerks as required by rule 29(2). 3. The finding of the Magistrate was that there was no obedience to the relevant provisions of these three rules, and it was also admitted by the accused in his statement under S. 342, Crimin...
Tag this Judgment!K. Hajee Khader Bacha Sahib and ors. Vs. Commercial Tax Officer, Ii Ci ...
Court: Karnataka
Decided on: Jul-27-1964
Reported in: [1965]16STC450(Kar)
ORDERHegde, J.1. In these petitions, the validity of Section 18(3) of the Mysore Sales Tax Act, 1957, as amended by Mysore Act No. 9 of 1964, is challenged as being beyond the legislative competence of the State Legislature. The amendments effected to that section read : 'In sub-section (3) of section 18 of the principal Act - (i) for the words 'by way of the tax' wherever they occur, the words 'by way of tax or purporting to be by way of tax' shall be and shall always be deemed to have been substituted; (ii) after the words 'payable by him', the words 'whether or not any tax is due from such person or dealer under this Act in respect of the transaction in which he collects such amount' shall be and shall always be deemed to have been inserted.' 2. This amendment came to be made in view of the decision of this Court in M. Kuppuswamy Naicker v. Commercial Tax Officer, First Circle, Bangalore and Another , wherein this Court held that under sub-section (3) of section 18 of the Mysore Sal...
Tag this Judgment!Shivarudrappa Girimallappa Saboji and anr. Vs. Kapurchand Meghaji Marw ...
Court: Karnataka
Decided on: Jul-27-1964
Reported in: AIR1965Kant76; AIR1965Mys76; (1965)1MysLJ158
Somnath Iyer, J.(1) In this appeal, we are asked to pronounce against the constitutionality of sections 19 and 29(2)(c) of the Mysore Civil Courts Act, 1964 (Mysore Act No. 21 of 1964).(2) The question arises in this way.On July 5, 1956, the Civil Judge, Senior Division Bijapur made an order in certain execution proceedings refusing the adjournment prayed for by the two judgment-debtors who are the appellants before us and directing execution to proceed. The value of the subject matter of the suit which is source of this appeal was more than Rs. 10,000/- but less than Rs. 20,000/-. Under Section 26 of the Bombay Civil Courts Act, in all cases in which the subject matter of the suit exceeds Rs. 10,000/- and appeal could be preferred to the High Court. It was under the provisions of that section that the judgment-debtors who felt aggrieved by the order of the Civil Judge preferred an appeal to the High Court of Bombay which, on a certificate issued by the Chief Justice of the High Court ...
Tag this Judgment!K. Hajee Kahader Bacha Sahib and Sons of ors. Vs. Commercial Tax Offic ...
Court: Karnataka
Decided on: Jul-27-1964
Reported in: AIR1965Kant120; AIR1965Mys120
ORDER(1) In these petitions, the validity of Section 18(3) of the Mysore Sales Tax Act, 1957 as amended by Mysore Act No. 9 of 1964, is challenged as being beyond the Legislative competence of the State Legislature. The amendments effected to that section read: 'In sub-section (3) of Section 18 of the principal Act,-- (i) for the words 'by way of the tax' wherever they occur, the words 'by way of tax or purporting to be by way of tax' shall be and shall always be deemed to have been substituted; (ii) after the words 'payable by him', the words whether or not any tax is due from such person or dealer under this Act in respect of the transaction in which he collects such amount' shall be and shall always be deemed, to have been inserted.' This amendment came to be made in view of the decision of this Court in M. Kuppuswamy Naicker v. Commercial Tax Officer, First Circle, Bangalore, (1963) 14 STC 894 (Mys) wherein this Court held, that under sub-section (3) of S. 18 of the Mysore Sales ...
Tag this Judgment!Panduranga (K.) and ors. Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Jul-24-1964
Reported in: (1965)ILLJ71Kant
ORDERHegde, J. 1. Common question of law arise in these petitions. But for convenience sake we shall first take up for consideration Writ Petition No. 1653 of 1963. The results of the other two writ petitions depend on the result of this writ petition. 2. Writ petition No. 1653 of 1963. - The petitioner herein were serving in the Revenue Department in the State of Madras till 1 November 1956. They were allotted to the new State of Mysore on the date of the State reorganization. Even before the State reorganization they had been temporarily appointed as deputy tahsildars, but by the date of the States reorganization they had been reverted to a lower rank for want of posts of deputy tahsildars. Petitioner 1 was again appointed as deputy tahsildar on 12 December 1957, petitioner 2 and 3 on 1 April 1958 and petitioner 4 on 25 July, 1958. Ever since then, they have continuously acted as deputy tahsildars till the filing of this petition. Respondents 7 and 8, prior to the reorganization of S...
Tag this Judgment!State of Mysore Vs. Mugalihal S.R.
Court: Karnataka
Decided on: Jul-23-1964
Reported in: (1964)IILLJ601Kant
Narayana Pai, J. 1. This is an appeal by the State against the acquittal of the secretary of Budihal Village Panchayat in prosecutions instituted against him for contravention of certain provisions of the rules framed by the State Government under the Minimum Wages Act, 1948. 2. The contraventions themselves consisting in the failure to maintain some registers prescribed by the rules are not denied. The facts constituting the contravention are also spoken to by the inspector appointed under the Act for Belgaum deposing as a witness in the case. 3. The accused came to be acquitted because the trial Magistrate accepted as correct certain of his legal objections. Hence, if those objections fail, it will have to be held that the accused was guilty of the offences with which he had been charged and will have to be convicted and punished appropriately. 4. The questions, therefore, are whether the Magistrate was right in accepting the following objections raised by the accused before him, viz...
Tag this Judgment!Nanjundappa (B.N.) Vs. State of Mysore
Court: Karnataka
Decided on: Jul-17-1964
Reported in: (1966)ILLJ260Kant; (1965)1MysLJ347
ORDER1. This writ petition, preferred under Art. 226 of the Constitution of India, is directed against the orders passed by the respondent (State of Mysore) in G.O. No. GAD 311 SMC 62, dated 22 July, 1963 (Ex. C) and G.O. No. GAD 311 SMC 62, dated 14 November, 1963 (Ex. F), by which the petitioner, officiating in the Mysore Administrative Service, senior scale, and holding the post of Deputy Commissioner for Land Records, was ordered to be reverted to the lower time-scale of Rs. 350-25-650-30-800 for a period of five years, in consequence of the findings recorded against him in a departmental enquiry holding him guilty of misconduct in the discharge of his duties. At the time the alleged misconduct is said to have taken place, the petitioner was an Under Secretary, General Administration (General), in Bangalore. While he was working in that capacity, the allegations of misconduct against the petitioner were enquired into by the police inspector attached to the Directorate of Anti-corru...
Tag this Judgment!Chandra Spinning and Weaving Mills Ltd., Bangalore Vs. State of Mysore ...
Court: Karnataka
Decided on: Jul-17-1964
Reported in: ILR1964KAR826; (1964)IILLJ604Kant; (1964)1MysLJ569
Tukol, J. 1. This writ petition raises a question relating to the scope and the extent of the power of the State Government to amend a reference made under S. 10(1) of the Industrial Disputes Act, 1947, to an industrial tribunal for adjudication. 2. The material facts relating to the issue are not in dispute. The petitioner is Chandra Spinning and Weaving Mills, Ltd., Bangalore (hereinafter called the Chandra Mills), while the three respondents are respectively the State Government, the industrial tribunal and the workmen of the Chandra Mills. The petitioner employs about 420 workers. The workers went on strike sometime about 17 March 1959 as a protest against the transfer of six workmen from one shift to another and put forward certain demands. The conciliation officer tried to bring about an amicable settlement of the dispute but his efforts proved abortive. The workmen complained that they had been illegally dismissed from service and that they were all entitled to reinstatement wit...
Tag this Judgment!Rallis India Limited Vs. the State of Mysore
Court: Karnataka
Decided on: Jul-17-1964
Reported in: (1964)1MysLJ501; [1965]16STC130(Kar)
Hegde, J. 1. In this appeal under section 24(1) of the Mysore Sales Tax Act, 1957, the appellant challenges the legality of the order passed by the Commissioner of Commercial Taxes in C.T.R.P. No. 44 of 1962-63 on his file. He contends that the Commissioner had no jurisdiction to pass the order impugned. 2. The material facts of the case are as follows :- During the financial year 1955-56 the assesses-firm purchased in the former State of Hyderabad cotton of the value of Rs. 14,33,291-14-0 (which is the disputed turnover in this case) and that stock was exported outside that State after 1st April, 1956. Under the Hyderabad General Sales Tax Act, 1950, to be hereinafter referred to as the 'Act', up to 31st March, 1956, sales tax was levied on the 'last purchase', but from 1st April, 1956, the incidence was shifted to the 'first purchase'. The Commercial Tax Officer held that in respect of purchases made in the year 1955-56, referred to earlier, the assessees were the last purchasers and...
Tag this Judgment!Chandrasekhara Pai Vs. Town Co-operative Bank Ltd.
Court: Karnataka
Decided on: Jul-15-1964
Reported in: AIR1965Kant209; AIR1965Mys209; (1964)2MysLJ260
Somanath Iyer, J. (1) A certain R.G. Kamath who was a resident of the town of Virajpet in the district of Coorg was the manager of the bank known as the Town Co-Operative Bank, Limited, registered under the Coorg Co-operative Societies Act 1936. On March 14, 1955, a certain Chandrasekhar Pai executed an indemnity bond rendering himself liable in the sum of Rs. 4,500/- as guarantee for the fidelity of Kamath in the performance of his duties as the manager of the bank.(2) On July 18, 1957, R.G. Kamath committed suicide. Before he died, he prepared a letter Exhibit A-1 in which he confessed that he had misused a large sum of money belonging to the bank for which, according to him, no one else could be blamed. After Kamath committed suicide, there was an investigation into the affairs of the bank which revealed that as large as a sum as Rs. 1,72,350-14 nP, had been lost by the bank by misapplication of funds and falsification of accounts. In consequence of that revelation, the bank sued Ch...
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