Karnataka Court April 1968 Judgments
Muthyala Reddy Vs. State of Mysore Represented by the Chief Secretary ...
Court: Karnataka
Decided on: Apr-18-1968
Reported in: AIR1969Kant1; AIR1969Mys1; ILR1968KAR482; (1968)2MysLJ48
1. It is not necessary in this writ petition to embark upon a discussion as to the meaning to be given to the words 'land revenue register' occurring in section 16(2) since no argument was presented about it. A discussion of that question is not necessary since on behalf of the petitioner, Mr. Mohandas Hegde did not assert that the petitioner's name had been entered in the land revenue register.2. Now, section 16(2) on the constitutionality of which considerable argument was expended, provides principally for service of notices on persons interested in opposing the scheme for the implementation of which an acquisition is proposed to enable them to oppose the acquisition should they so desire.3. It will be seen from its provisions that when a land is proposed to be acquired, the person on whom service of notice is enjoined by this sub-section is he whose name is entered in the land Revenue Register as the person primarily liable to pay the land revenue. It is that person who can object ...
Tag this Judgment!Kolkar (H.D.) Vs. State of Mysore (by Chief Secretary) and ors.
Court: Karnataka
Decided on: Apr-16-1968
Reported in: ILR1968KAR443; (1969)IILLJ466Kant
Somnath Ayyar, J.1. The petitioner who became a head constable after his allotment to the new State of Mysore, started service as a police constable in the State of Bombay in the year 1935. A disciplinary proceeding against him was commenced in the new State of Mysore in the year 1962. The charge against him was that he was found missing from his post between 11-30 p.m. on 21 March, 1962 and 3-30 p.m. on the next day. The Assistant Superintendent of Police who conducted the enquiry submitted his report to the concerned Superintendent of Police who accepted it. The Superintendent of Police found the petitioner guilty of the charge, and demoted him as police constable. The appeal preferred by the petitioner to the Deputy Inspector-General of Police was dismissed, and thereafter the petitioner invited trouble by presentation of revision petition to the State Government under rule 17 of the Bombay Police (Punishment and Appeal) Rules, 1956. When that revision petition was presented Governm...
Tag this Judgment!H.D. Kolkar Vs. State of Mysore by Its Chief Secretary, Vidhana Soudha ...
Court: Karnataka
Decided on: Apr-16-1968
Reported in: AIR1969Kant61; AIR1969Mys61; 1969CriLJ420; (1968)2MysLJ150
Somnath Iyer, J.1. The petitioner who became a Head Constable after his allotment to the new State of Mysore, started service as a Police constable in the State of Bombay in the year 1935. A disciplinary proceeding against him was commenced in the new State of Mysore in the year 1962. The charge against him was that he was found missing from his post between 11-30 p.m. on March 21st, 1962 and 3-30 p.m. on the next day. The Assistant Superintendent of Police who conducted the enquiry submitted his report to the concerned Superintendent of Police who accepted it. The Superintendent of Police found the petitioner guilty of the charge, and demoted him as police constable. The appeal preferred by the petitioner to the Deputy Inspector General Police was dismissed and thereafter the petitioner invited trouble by presentation of revision petition to the State Government under rule 17 of the Bombay Police (Punishment and Appeal) Rules, 1956. When that revision petition was presented, Governmen...
Tag this Judgment!Indian Sugars and Refineries Ltd. Hospet, Dist. Bellary (Mysore) and a ...
Court: Karnataka
Decided on: Apr-16-1968
Reported in: AIR1968Kant332; AIR1968Mys332; ILR1968KAR449
Chandrasekhar, J.(1) In these eight petitions under Article 226 of the Constitution, the validity of the levy of tax on purchase of sugarcane, has been challenged by two Sugar Factories(2) In W. Ps. 2208 of 1967 and 32 to 34 of 1968, the petitioner is Indian Sugar and Refineries Ltd, having its Factory at Hospet in Bellary District, and the impugned tax and penalty relate to the period 1-4-1962 to 30-6-1967. In W. Ps. Nos. 2225 of 1967 and 29 to 31 of 1968, the petitioner is Salarjung Sugar Mills Ltd, having its Factory at Munirabad in Raichur District, and the impugned tax and penalty relate to the period 1-7-1963 to 30-6-1967.(3) We may briefly refer to the historical background of the levy of purchase tax on sugarcane. Practically all the States in which sugarcane was grown for the purpose of manufacturing sugar, used to levy a cess on sugarcane brought into the premises of Sugar Factories. The proceeds of such levy were utilised for the purpose of development and improvement of cul...
Tag this Judgment!Mahadevayya (G.S.) Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Apr-15-1968
Reported in: (1969)ILLJ849Kant
Somnath Ayyar, J.1. The petitioner was a confirmed second division clerk in the Department of Health, and on 2 September, 1961 he was selected by the Public Service Commission for appointment to the post of a second grade typist. The Public Service Commission's recommendation which was accepted by Government, resulted in the appointment of the petitioner as an officiating typist, grade 2, on 2 September, 1961, by a Government order made for that purpose. Since then he has been continuing as an officiating second-grade typist. While he was holding that post during all these years he asked for fixation of his pay and other benefits as second grade typist, and on one occasion in the year 1962 he sought repatriation to the post of a second division clerk, but there was no such repatriation and there was no fixation of his pay as second-grade typist either. So he asks for a direction that, his pay and other benefits should be fixed in the new post of second-grade typist with effect from 31 ...
Tag this Judgment!M. Ramachandra Rao Vs. M.S. Kowsalya
Court: Karnataka
Decided on: Apr-10-1968
Reported in: AIR1969Kant76; AIR1969Mys76
ORDER1. This revision petition is presented by a husband whose application for restitution of conjugal rights under section 9 of the Hindu Marriage Act was stopped by the Civil Judge when the husband committed default in the payment of arrears of maintenance of Rs.1,000/- payable to the wife under the order of the Court.2. Mr. Yoga Narasimha appearing for the husband contended that if the husband neglected to pay the arrears of maintenance all that was possible was the recovery of payment in execution proceedings and that the Civil Judge had no power to stop further proceedings in the matter relating to the application for restitution of conjugal rights. I do not agree. When the Civil Judge made a direction that the husband shall pay the arrears of maintenance, it was his highest duty to insist upon obedience to that direction. If there was disobedience he had inherent power to stop further proceedings which were commenced by the husband. That was the view taken in Malkan Rani v. Krish...
Tag this Judgment!Town Municipal Council (by Chief Officer), Nippani Vs. Ramachandra Dat ...
Court: Karnataka
Decided on: Apr-05-1968
Reported in: (1969)ILLJ645Kant; (1968)2MysLJ407
ORDERSomnath Ayyar, J. 1. We are asked in this civil petition presented by the Town Municipal Council, Nippani, in the district of Belgaum, to quash an order made by the authority functioning under the Minimum wages Act, 1948, under S. 20(3) of that Act directing the municipal council to pay a sum of Rs. 7,959.54 to its employees as overtime wages. The application for that direction was made by the employees who were working as scavengers under the municipal council on 21 November, 1960 and overtime wages were claimed for the period between October, 1956 and 14 July, 1958. 2. Under proviso (1) to S. 20(2) of the Minimum Wages Act, 1948, which will be referred to as the Act, an application for payment of such overtime wages under Sub-section (1) of that section could be presented within six months from the date on which the wages became payable. But proviso (2) authorized the authority functioning under that section to condone the delay in the presentation of the application for suffici...
Tag this Judgment!Sreekantayya (L.) Vs. Puttaswami (M.) and anr.
Court: Karnataka
Decided on: Apr-05-1968
Reported in: (1969)IILLJ440Kant
Somnath Ayyar, J.1. Respondent 1 was an employee under the petitioner, and when he was removed from service for misconduct, he preferred an appeal to the labour officer under S. 41(2) of the Mysore Shops and Establishments Act, 1948. In that appeal, the labour officer directed the petitioner to pay a sum of Rs. 200 as compensation to respondent 1. When that amount was not paid respondent 1 made an application under S. 15(3) of the Payment of Wages Act to the city magistrate. Mysore, for an order for the payment. That order which was made by the magistrate was however quashed by this Court in Srikantayya (L.) (Proprietor of S.E.L. Dry Cleaners) V. Puttaswami (M.) and another [1966 - II L.L.J. 487] on the ground that it was beyond the competence of the magistrate.2. But by then the petitioner had paid the amount to respondent 1, and so, he made an application to the magistrate for restitution.3. The magistrate declined restitution on the ground that he had no jurisdiction to order it. So...
Tag this Judgment!The Chief Officer, Town Municipal Council, Nippani Vs. Ramachandra Dat ...
Court: Karnataka
Decided on: Apr-05-1968
Reported in: AIR1969Kant202; AIR1969Mys202; [1968(17)FLR430]; ILR1968KAR380
ORDER1. We are asked in this Civil Petition presented by the Town Municipal Council, Nippani, in the District of Belgaum, to quash an order made by the Authority functioning under the Minimum Wages Act, 1948 under Section 29(3) of that Act directing the Municipal Council to pay a sum of Rs. 7959-54 to its employees as overtime wages. The application for that direction was made by the employees who were working as scavengers under the Municipal Council on November 21, 1960 and overtime wages were claimed for the period between October 1, 1956 and July 14, 1958.2. Under the first proviso to Section 20(2) of the Minimum Wages Act, 1948 which will be referred to as the Act, an application for payment of such overtime wages under sub-section (1) of that Section could be represented within six months from the date on which the wages became payable. But the second proviso authorised the Authority functioning under that Section to condone the delay in the presentation of the application for su...
Tag this Judgment!State of Mysore Vs. Abdul Hameed Khan
Court: Karnataka
Decided on: Apr-05-1968
Reported in: 1970CriLJ112
1.This appeal filed by the State under Section 417, Criminal P. C. is directed against the judgment of the First class Magistrate, Aurad in C. C. No. 47/2 of 1967 on his file. The learned Magistrate acquitted the respondent who was charged and tried for an offence punishable under Section 304-A of the I. P. Code.2. The case of the prosecution is that on 9-2-1967 at about 5 p.m. the respondent was driving a baa bearing No. MYI 3135 from Kusnoor to Bidar in a rash and negligent manner and dashed against a cart driven by the deceased Maharudrappa and as a result of this collision Maharudrappa died on the spot and therefore, the respondent was liable to answer a charge for an offence under Section 804-A of the I. P. Code. Though the incident took place on 9-2-1967, charge-sheet against the respondent was placed on 25-5-1966. No witnesses were in attendance and therefore at the instance of the prosecutor the case was adjourned to 25-7-1967. On that day, that is, 25-7-1967, one witness was p...
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