Karnataka Court July 1970 Judgments
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B.M. Muniratnam Naidu Vs. Shantamma
Court: Karnataka
Decided on: Jul-30-1970
Reported in: AIR1971Kant25; AIR1971Mys25; (1970)2MysLJ281
Honniah, J.1. This appeal arises in the following circumstances; one Muniratnam Naidu, the appellant in this case, filed a petition under Section 10 of the Hindu Marriage Act, 1955 for judicial separation. During the pendency of the petition, Shantamma, the respondent in this case, filed a petition under Section 24 of the Act, claiming maintenance during the pendency of the petition and expenses of the proceedings. The trial Court, on that application, passed an order directing that Muniratnam Naidu, the husband, should pay at the rate of Rs. 20/- per month for maintenance to his wife during the pendency of the proceedings and Rs. 50/- for expenses of the litigation.2. Against that order, no appeal was preferred by Muniratnam Naidu. Some time later, Muniratnam Naidu did not prosecute the petition he filed, with the result the Court dismissed his petition for default. Thereafter, Shantamma filed Execution petition for recovery of the amount ordered to be paid under Section 24 of the Act...
Spencer and Co., Ltd. Vs. the State of Mysore
Court: Karnataka
Decided on: Jul-30-1970
Reported in: [1970]26STC283(Kar)
ORDERGovinda Bhat, J.1. This is a revision petition under section 23(1) of the Mysore Sales Tax Act, 1957, hereinafter called the 'Act' and it is directed against the order of the Mysore Sales Tax Appellate Tribunal, Bangalore, dated 6th March, 1969, made in S.T.A. No. 459/68. 2. The short question that arises for decision in this case is whether on the facts and in the circumstances of the case, the petitioner can be said to have collected the sum of Rs. 42,839.75 by way of sales tax on sales of liquor during the period 1st July, 1963 to 30th July, 1964. 3. Messrs Spencer & Co., Ltd. is the petitioner and it has its head office at Madras and carries on its business at Bangalore, besides other cities. The petitioner is a registered dealer under the Act. It has a retail store in Mahathma Gandhi Road at Bangalore wherein it sells, among other commodities, liquor. Under the Act liquor taxable under section 5(3)(a) at a single point on the first sale. According to the petitioner, it collec...
The State of Mysore Vs. Kalilulla Ahmed Shariff and anr.
Court: Karnataka
Decided on: Jul-27-1970
Reported in: AIR1971Kant60; AIR1971Mys60; 1971CriLJ226; (1970)2MysLJ209
Santhosh, J. 1. This appeal filed by the State is directed against the order of acquittal of the two respondents passed by the Judicial Magistrate, First Class, Second Court, Biiapur, in C. C. No. 1344 of 1968. Charges under Sections 392 and 323 of the Indian Penal Code were framed against the respondents by the learned Magistrate and the case was posted for evidence. On 27-5-1969 as there were no witnesses present in the court on behalf of the prosecution, the learned Magistrate acquitted the respondents under Section 251-A (11) of the Code of Criminal Procedure, and it is this order of acquittal that is challenged by the State in this appeal. 2. The learned State Public Prosecutor appearing on behalf of the appellant, has contended that the said order of acquittal passed by the learned Magistrate is illegal. On 27-5-1969 as the Assistant Public Prosecutor was not well, and adjournment was asked on behalf of the prosecution which was not unreasonable and that the learned Magistrate wa...
Workers and Staff Association of Government Soap Factory Vs. State of ...
Court: Karnataka
Decided on: Jul-23-1970
Reported in: (1970)IILLJ714Kant
Narayana Pai, J.1. Workers and Staff Association of Government Soap Factory, the petitioner, was formed in 1963 and registered as a Trade Union under the Trade Union Act. In 1964, it was recognised by the management. At that time it was the only union of the workers of employees of the Government Soap Factory. Various questions relating to pay scales, emoluments and amenities as well as conditions of employment were subject of a settlement or agreement between the petitioner-association and the management in March 1964. It was reduced into writing on the 30th of that month and was to remain in force for a period of three years. 2. When the currency of the said settlement came to an end (it is also stated that shortly before March 30, 1967 the petitioner had issued a notice of termination) the petitioner association submitted a detailed charter of demands. As the management did not show any inclination to accept the same, the petitioner moved the Conciliation Officer to intervene. Durin...
Workers and Staff Association of Government Soap Factory Vs. the State ...
Court: Karnataka
Decided on: Jul-23-1970
Reported in: AIR1971Kant22; AIR1971Mys22
Narayana Pai, J.1. Workers and Staff Association of Government Soap Factory, the Petitioner, was formed in 1963 and registered as a Trade Union under the Trade Unions Act. In 1964, it was recognised by the managment. At that time it was the only Union of the workers or employees of the Government Soap Factory. Various questions relating to pay scales, emoluments and amenities as well as conditions of employment were subject of a settlement or agreement between the petitioner Association and the Management in March, 1964. It was reduced into writing on the 30th of that month and was to remain in force for a period of three years.2. When the currency of the said settlement came to an end fit is also stated that shortly before 30th March 1967 the Petitioner had issued a notice of termination), the Petitioner-Association submitted a detailed charter of demands. As the management did not show any inclination to accept the same, the Petitioner moved the Conciliation Officer to intervene. Dur...
N. Chandramouli Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Jul-23-1970
Reported in: AIR1971Kant53; AIR1971Mys53; (1970)2MysLJ187
ORDER1. The question that arises for consideration in this writ petition is the manner in which the Government servants described as 'local candidates' (the meaning of which we shall explain later) should be placed in the Inter-State Seniority List prepared under Section 115 of the States Reorganisation Act.2. The facts of this case, as to which there is no dispute, are briefly the following:3. The petitioner was appointed temporarily as a First Division Clerk in the erstwhile State of Mysore on 1st October, 1956. He continued to hold that position when the reorganisation of States under the above Act was brought about on 1st November, 1956. The petitioner was then working in the Mysore Government Insurance Department. In the Provisional Inter-State Seniority List of non-gazette Government servants working in the said Department published on 5th June, 1964, as well as in the Final List published on 5th December, 1964, the petitioner and other similarly situated were included in the cat...
State of Mysore Vs. Subba and anr.
Court: Karnataka
Decided on: Jul-21-1970
Reported in: 1971CriLJ440
ORDERAhmed Ali Khan, J.1. This reference is made by the Sessions Judge at Mysore, Under Section 438 of the Criminal P.C. with a recommendation that the orders passed by the Sub.Divl. Magistrate, Mysore on 4-6-1969 in C.Misc. Nos. 65 of 1969 and 64 of 1969 respectively on the file of his Court, are liable to be set aside. The impugned orders were passed by the Sub-Divisional Magistrate directing dropping of the proceedings against the accused respondents and releasing them when they were produced before him by the Police for remand. The learned Sessions Judge has made reference to this Court, in both the above referred cases, by a common order. As the point of law involved in both the cases is identically the same, it would be convenient to dispose them of by a common order by this Court.2. Briefly stated, the relevant facts are as follows : The police, Lashkar police station( Mysore City, registered two oases against the respondents in Crime Nos. 217 of 1969 and 218 of 1969 respectivel...
Basavva Kom Dyamangouda Patil Vs. the State of Mysore and ors.
Court: Karnataka
Decided on: Jul-17-1970
Reported in: 1971CriLJ566
ORDERC. Honniah, J.1. This is an application in revision by one Resave Kom Dyamangouda Path .against the order dated 6-7.196:i, by which the first Additional Sessions Judge, at Dharwar dismissed the petition filed by Bassavva Under Sections 517 and 520, Criminal P.C., hold. ing that the property claimed by her wag ,neither produced before the Court nor was it in the custody of the trial Court at the time of passing the order.2. The relevant facts are that the petitioner gave first information report to the Police of Haveri in Dharwar District alleging that on the night of 28th November 1958 some per. sons entered her house, broke open the doors and committed theft of valuable articles consisting of gold ornaments of considerable value and also cash. The police recovered the gold ornaments and cash on the information furnished by five persons. on various dates. The details of the articles were noted down in the panchanam is. After investigation, the Police charge sheeted five persons al...
Ganesh Traders Vs. State of Mysore and anr.
Court: Karnataka
Decided on: Jul-13-1970
Reported in: [1971]28STC145(Kar)
ORDERGovinda Bhat, J.1. The petitioner is a firm carrying on business, inter alia, in coriander. For the period 1st April, 1968, to 31st March, 1969, the petitioner in his return of turnover under the Mysore Sales Tax Act, 1957, claimed exemption on the turnover of Rs. 56,875.27 relating to coriander on the ground that coriander comes within the term 'other oil-seeds' as explained in serial No. 5(d) of the Fourth Schedule of the Act, and that the petitioner is not the first purchaser of the said goods. No assessment was made on the return filed by the petitioner for the period 1st April, 1968, to 31st March, 1969. On 22nd September, 1969, the second respondent issued a notice, marked annexure 'I', purporting to be a notice under rule 38 of the Mysore Sales Tax Rules, 1957, demanding payment of tax at 3 per cent. on the aforesaid turnover of Rs. 56,875.27 holding that coriander is not entitled to exemption. Rule 38 of the Rules could have no application to the facts of the case when no ...
Karnataka Trading Co. Vs. Commercial Tax Officer, Ii Circle, Bangalore
Court: Karnataka
Decided on: Jul-13-1970
Reported in: (1970)2MysLJ457; [1971]28STC144(Kar)
ORDERGovinda Bhat, J.1. The petitioner is a dealer carrying on business in coriander among other commodities. For the year ended 31st March, 1964, the petitioner's turnover in respect of coriander was Rs. 1,69,074.79. The Commercial Tax Officer who is the respondent, by his assessment order dated 16th March, 1965, exempted the aforesaid turnover from tax holding that coriander falls within the meaning of the term 'other oil-seeds' under section 5(4) read with entry No. 5(d) of the Fourth Schedule of the Mysore Sales Tax Act, 1957. On 22nd March, 1969, the respondent issued to the petitioner a notice under section 12-A of the Mysore Sales Tax Act proposing to bring to assessment the aforesaid turnover relating to coriander which had been exempted earlier. It is stated in the notice that according to the expert opinion of the Head of the Genetics Division, I.A.R.I., New Delhi, so far as this country is concerned, the major use of coriander is as a spice and condiment and it should not be...
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