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Karnataka Court October 1967 Judgments

Oct 31 1967

Mohammad Ali Vs. State of Mysore

Court: Karnataka

Decided on: Oct-31-1967

Reported in: (1969)IILLJ165Kant; (1967)2MysLJ582

ORDERPer Santhosh, J.1. In this petition under Art. 226 of the Constitution of India, the petitioner prays that Government order dated 30 September, 1965 (annexure D), reverting him from the post of an assistant to that of junior assistant, be quashed. The petitioner joined service in 1947 as III grade clerk in the erstwhile State of Hyderabad. After the reorganization of States, the petitioner was allotted to the new State of Mysore. The post of III grade clerk of Hyderabad had been equated with that of the junior assistant in the Mysore Government Secretariat. On 22 September, 1962 the petitioner was promoted as officiating assistant and posted in charge of the Historical Records Section. By the impugned order dated 30 September, 1965 (annexure D), the petitioner was reverted as junior assistant on the ground that he was incompetent, inefficient and was wanting in knowledge of English and Kannada and not fit for being continued as assistant any longer. 2. Sri Datar, learned counsel a...

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Oct 31 1967

Abdul Shakur Umar Sahigara and Co. Vs. Commercial Tax Officer, Additio ...

Court: Karnataka

Decided on: Oct-31-1967

Reported in: (1968)1MysLJ249; [1968]21STC77(Kar)

Somnath Iyer, J. 1. The petitioner is a registered dealer under the Mysore Sales Tax Act, 1957. In respect of the assessment year 1959-60, the Commercial Tax Officer, South Kanara, made an assessment of his turnover on 9th April, 1964, and issued a notice in Form No. VI calling upon the petitioner to pay the sales tax within twenty-one days. The tax demanded was Rs. 63,530.34. 2. The petitioner made an application on 22nd April, 1964, for permission to pay it in twelve monthly instalments, but before any order was made on that application, the Commercial Tax Officer made an assessment for the year 1960-61, and demanded the payment of a sum of Rs. 86,207.82 as the tax payable by the petitioner. The time fixed for payment was again 21 days. The petitioner made another application on 27th April, 1964, for permission to pay in twelve monthly instalments even with respect to the tax so determined. 3. On 30th June, 1964, the petitioner made a modified request. He offered to pay the entire sa...

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Oct 27 1967

A. Vishwanath Rao and anr. Vs. State of Mysore and ors.

Court: Karnataka

Decided on: Oct-27-1967

Reported in: AIR1968Kant104; AIR1968Mys104

Somnath Iyer, J.(1) The two petitioners before us, who operate their stage carriages along the route, which is between a place called Yadgir. which is in the new State of Mysore, and Narayanapet, which is in the State of Andhra Pradesh, call in question a scheme prepared under Chapter IV-A of the Mysore Motor Vehicles Act, by which there was nationalisation of motor transport with respect to that route. The draft scheme which was prepared under section 68-C was published on June 21, 1962. The objections preferred by the petitioner and others under section 68-D were heard by the Chief Minister of the State of Mysore, who approved the scheme with modifications, by an order made by him on March 7, 1964. Since the route was an inter-State route, the publication of the draft scheme was postponed until June 27, 1964, Meanwhile, the approval of the Central Government had been accorded under the proviso to sub-section (3) of section 68-D of the Act.(2) The approved scheme made two modification...

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Oct 18 1967

Panduranga (K.) Vs. State of Mysore and ors.

Court: Karnataka

Decided on: Oct-18-1967

Reported in: (1970)ILLJ309Kant

Per Somnath Ayyar, J.1. By a notification prepared by the State Public Service Commission on 6 April, 1964. It was announced that a competitive examination would be conducted for recruitment of probationers for the posts of Assistant Commercial Tax Officers, class II. That notification stated that that examination shall consist of a written examination in general knowledge and a viva voce. After that examination was conducted, 31 persons were appointed as Assistant Commercial Tax Officers by notification made by Government on 4 September, 1965. On the basis of the results of that examination. The petitioner who was one of the candidates and who was not included in the list of selected candidates impeaches these appointments on more than one ground. 2. Before discussing the submissions in denunciation of the impugned appointments, we should mention that there are as many as five prayers in the writ petition. The first is that we should strike down rule 3 of the Mysore Public Service Com...

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Oct 06 1967

Surathkal Co-operative Town Bank Ltd. Vs. Padmanabhayya (E.) and anr.

Court: Karnataka

Decided on: Oct-06-1967

Reported in: (1968)IILLJ313Kant; (1967)2MysLJ503

ORDER1. Respondent 1 in this petition, E. Padmanabhayya, was member of and later worked as an appraiser under the petitioner-bank, Surathkal Co-operative Town Bank, Ltd. As a member he had made a deposit of Rs. 1,000 with the petitioner-bank. When he was appointed as an appraiser, that deposit was, by mutual agreement, converted into a fidelity deposit in connexion with his employment as appraiser. 2. On account of alleged mismanagement of the affairs of the petitioner-bank, the board of directors was superseded and the management entrusted by the Registrar of Co-operative Socities. The administrator, in the course of steps taken by him to rectify defects in the management of the affairs of the bank, terminated the services of the respondent Padmanabhayya and also forfeited the above security deposit of Rs. 1,000. 3. Padmanabhayya, thereupon, filed before the Munsif of Mangalore Original Suit No. 346 of 1963 for a declaration of the invalidity or illegality of the order of the administ...

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Oct 06 1967

Shivasharan Reddy Vs. State of Mysore and ors.

Court: Karnataka

Decided on: Oct-06-1967

Reported in: AIR1968Mys119; 1968CriLJ638; (1967)2MysLJ598

Bhimiah, J. (1) This is a petition for transfer under Section 26 Cr. P.C. The petitioner is the complainant who filed a report before the police of Chitapur against accused No. 1 and 26 others for offences under Sections 395, 452 read with 149 I.P.C. complaining that A-1 with the help of others had committed decoity in respect of 150 bags of Jawar kept in his godown. The police filed the charge-sheet against the accused-respondents before the Munsiff-Magistrate, Chitapur on 19-5-65. Since the presiding officer of that court happened to be a tenant of A-1, he made a reference to the Sessions Judge Gulbarga, for transfer of that case some other court for enquiry. The learned Sessions Judge passed an order transferring the case to the file of the Munsiff-magistrate, Sedam. The Munsiff-Magistrate, Sedam, committed the accused to Sessions for trial. The accused-respondents stand their trial before the Sessions Judge, Gulbarga for offences under Sections 295, commenced on 27-7-1967 and a wit...

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