Karnataka Court September 1967 Judgments
Rajasekharappa (N.) Vs. Government of Mysore and ors.
Court: Karnataka
Decided on: Sep-28-1967
Reported in: ILR1968KAR95; (1968)IILLJ680Kant; (1967)2MysLJ523
ORDERSomnath Ayyar, J. 1. The Public Service Commission published a notification on 25 August, 1965 in the official gazette bearing the date 9 September, 1965 inviting applications for 4 posts of overseers and 5 posts of foremen in the Government Press, Bangalore. By rules made by the Governor under the proviso to Art. 309 of the Constitution on 1 December, 1960 called the Mysore General Service (Printing, Stationery and Publications Branch) Recruitment Rules, 1960, the qualification for the posts of an overseer and also for the post of a foreman was prescribed. In respect of 50 per cent of the posts of overseers which had to be filled up by direct recruitment under those rules, the qualification prescribed by the Governor which appears against the post of an overseer in Col. (3) is a diploma in printing of a 'recognized institute.' The rule also stated that the person appointed would be on probation for two years. In respect of 33-1/3 per cent posts of foremen which under the rules ha...
Tag this Judgment!Adveppa Irappa Morabad and ors. Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Sep-27-1967
Reported in: AIR1968Kant205; AIR1968Mys205; ILR1968KAR91; (1967)2MysLJ521
Tukol, J.(1) The short question on which this writ petition can be disposed of relates to the effect of non-compliance with the requirements of section 5-A of the Land Acquisition Act (Act I of 1894) on the validity of the notification issued under Section 6 of the said Act.(2) The first petitioner is the owner of the property in dispute which bears survey No. 33 and measures 5 acres 4 guntas, situated in Kilabnur Village near Ramdurg. The State Government issued notification No. EDH 162 LPD 60, dated 15th April, 1960 under Section 4 of the Act, notifying that it had been proposed to acquire the aforesaid land as it was needed for a public purpose. The first petitioner filed his objections contending that he had divided two acres of the said land already into 12 plots and sold the same to petitioners 2 to 9 and 5 others for prices ranging from Rs. 800 to Rs. 1200. He therefore prayed that the acquisition should be dropped. After receipt of his objections, the petitioner says, that no e...
Tag this Judgment!Mohammed Rahamathulla Vs. State of Mysore
Court: Karnataka
Decided on: Sep-21-1967
Reported in: AIR1968Mys95; 1968CriLJ521; ILR1967KAR1194
ORDER(1) The petitioner is an accused standing trial before the IInd Additional Sessions Judge, Bangalore. In this revision petition, he has challenged the order passed by the learned Sessions Judge on I. A. No. IV in Bangalore Sessions Case No. 22/1967 holding that the confession statement recorded by the Magistrate under Section 164 of the Criminal Procedure Code, to be hereinafter called the 'Code' in not hit by the proviso to Section 13(3) of the Official Secrets Act, 1923, to be herein after called the 'Act'. (2) The accused is tried for an offence under Section 3 of the Act. In the course of the trial, the prosecution sought admission of the confession statement recorded by the Magistrate of Doddaballapur on 22-3-1965 in evidence. The accused was arrested on 9-9-1965 and was produced before the Magistrate on 10-9-1965. He was remanded to police custody till 23-9-1965. He was produced by the Police before the Magistrate on 20-9-65 with a request to record his confession statement ...
Tag this Judgment!Bhima Rama Jadhav Vs. Abdul Rahid
Court: Karnataka
Decided on: Sep-21-1967
Reported in: AIR1968Kant184; AIR1968Mys184; (1967)2MysLJ509
Chandrashekhar, J.(1) This Letters Patent Appeal is from the decision of Hegde. J. who has granted leave to appeal under clause 15 of the Letters Patent on the ground that there is conflict of judicial opinion on the following question that arises in the appeal:Where a compromises decree passed by a Court of competent jurisdiction contains a term which is opposed to law or public policy, and that decree has not been set aside in proper proceedings, can that decree be pleaded as constituting estoppel by res judicata in a subsequent proceeding between the same parties.(2) The facts of the case have been fully set out in the judgment of the learned Judge and it is sufficient to state them briefly here. Land bearing S. No. 188 in Dyaberi village belonged to the plaintiff's uncle, Piraji, who had mortgaged the whole of that land. Subsequently he sold a portion of it bearing S. No. 188/2, to the plaintiff for Rs. 700/- under Exhibit 60 dated 12-9-1939. As Piraji failed to pay the mortgage de...
Tag this Judgment!Chandra Bhavan (Boarding and Lodging), Bangalore and ors. Vs. State of ...
Court: Karnataka
Decided on: Sep-18-1967
Reported in: (1969)ILLJ97Kant; (1968)1MysLJ24
ORDERChandrashekhar, J.1. The petitioners are owners of residential hotels and eating-houses. In these petitions under Art. 226 of the Constitution, they have challenged the validity of the notification dated 1 June, 1967 (published in the Mysore Gazette dated 8 June, 1967) issued by the Government of Mysore under the Minimum Wages Act, 1948, fixing minimum rates of wages for different classes for employees in residential hotels and eating-houses. 2. At the outset, it is useful to narrate briefly the history of the minimum-wage legislation and of fixation of minimum wages in hotel industry. 3. The Minimum Wages Fixing Machinery Convention was held at Geneva in the year 1928. The resolutions of that convention are embodied in Arts. 223 to 228 of the International Labour Code. The object of these resolutions, as stated in Art. 224, was to fix minimum wages in industries 'in which no arrangements exist for the effective regulation of wages by collective agreements or otherwise, and wages ...
Tag this Judgment!J.K. Appacha Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Sep-18-1967
Reported in: AIR1968Kant110; AIR1968Mys110; (1967)2MysLJ519
Somnath Iyer, J.(1) In respect of the route between Veerajpet and Bhagamandala in the district of Coorg, there were six applicants who aspired to operate their stage carriage along that route. The Regional Transport Authority of Coorg by a resolution passed on May 6, 1958 granted the permit to respondent 4 who was one of those six applicants. The Petitioner who was one of those six applicants and whose application was refused by the Regional Transport Authority, applied to the State Transport Appellate Tribunal and that appeal was dismissed. So he has presented this writ petition in which he has asked us to quash the permit granted to respondent 4 and to issue a mandamus to the Regional Transport Authority for a fresh disposal of the applications.(2) In support of the application, two grounds were raised in the affidavit. The first of them is that the resolution passed by the Regional Authority was invalid by reason of the non-participation of a non-official member at the meeting in wh...
Tag this Judgment!Sivhamurthy Swamy Vs. Agodi Songanno
Court: Karnataka
Decided on: Sep-15-1967
Reported in: AIR1969Kant12; AIR1969Mys12; 1969CriLJ118
ORDER1. Further examination of this witness was stopped after recording the last answer just before the Court rose for lunch. When the Court reassembled after lunch, Mr. B. S. Patil, learned counsel for the petitioner, sought my permission under Section 194 of the Evidence Act to put to this witness questions which may be put to him in cross-examination by the adverse party. This request was opposed (page 246) by Mr. Venugopalachari, learned counsel for the respondents on the ground that in the circumstances of this case, no such permission could properly be granted at all or that at this stage of the examination of the witness, the petitioner may not be said to have laid the foundation necessary for seeking permission to cross-examine under section 154 of the Evidence Act.2. As both the counsel sought some time for addressing full arguments on this question with the assistance of citations, the examination of this witness was postponed and the next witness P.W. 19, put into the box. A...
Tag this Judgment!Raja Pid Naik Vs. Agricultural Income Tax Officer-cum Commercial Tax O ...
Court: Karnataka
Decided on: Sep-15-1967
Reported in: AIR1968Kant326; AIR1968Mys326
Somath Iyer, J.(1) In Shorapur in the District of Gulbarga Naik. In assessment proceedings under the Hyderabad Agricultural Income-tax Act, 1950 (Act No. XIII of 1950) which will be referred to as the Act, a sum of Rs.1,275-7-0 was the tax determined to be payable by him in respect of the assessment year 1358 Fasli, and, a sum of Rs. 1,367-3-0 for the assessment year 1359 Fasli.(2) But Raja Krishtappa Naik died before any part of this tax was recovered from him. On July 5, 1955, the Agricultural Income-tax officer forwarded to the taluqdar a certificate under Section 34(3) of the Act specifying the amount of arrears due from Raja Krishtappa Naik. On July 7, 1957 the concerned Tashildar sent a notice to Krishtappa Naik's son Raja Pid Naik, demanding the payment of the arrears.(3) This Writ petition was in that situation presented by Raja Pid Naik for a writ of prohibition restraining the Agricultural Income-tax Officer and the Tashildar from continuing the recovery proceedings.(4) When ...
Tag this Judgment!Canara Minerals Private Ltd. Vs. Director of Mines and Geology, Govern ...
Court: Karnataka
Decided on: Sep-13-1967
Reported in: AIR1968Kant124; AIR1968Mys124; (1967)2MysLJ515
Somnath Iyer, J.(1) On October 13/17, 1962, respondent 3 made an application under Section 10 of the Mines and Minerals (Regulation and Development) Act, 1957, to the State Government for the grant of a prospecting licence. On November 20, 1963, the petitioner before us made a similar application in respect of the same area. Since the mineral in respect of which the prospecting licence was sought was a mineral specified in the first schedule to the Act, the prospecting licence could not be granted by the State Government except with the previous approval of the Government of India.(2) On December 23, 1964, the State Government sought the approval of the Government sought the approval of the Government of India for the grant of the prospecting licence to respondent 3 and that approval was accorded by the Government of India on May 21, 1965 although the area in respect of which it was proposed to grant the prospecting licence was less than the area mentioned in the application.(3) Meanwh...
Tag this Judgment!Chandrabhava Boarding and Loading and ors. Vs. State of Mysore by Its ...
Court: Karnataka
Decided on: Sep-08-1967
Reported in: AIR1968Kant156; AIR1968Mys156
Chandrashekher, J. (1) The petitioners are owners of residential hotels and eating houses. In these petitions under Article 226 of the Constitution they have challenged the validity of the Notification dated 1-6-1967 (Published in Mysore Gazette dated 8-6-1967) issued by the Govt. of Mysore under the Minimum Wages Act, 1948, fixing minimum rates of wages for different classes of employees in residential hotels and eating houses.(2) At the outset, it is useful to narrate briefly the history of the minimum wage legislation and of fixation of minimum wages in hotel industry.(3) The Minimum Wages Fixing Machinery Convention was held at Geneva in the year (1928). The resolutions of that Convention are embodied in Articles 223 to 228 of the International Labour Code. The object of these resolutions, as stated in Article 224 was to fix minimum wages in industries 'in which no arrangements exist for the effective regulations of wages by collective agreements or otherwise, and wages are excepti...
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