Karnataka Court September 1970 Judgments
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Alphonso Nazareth Vs. Xavier Dias and ors.
Court: Karnataka
Decided on: Sep-15-1970
Reported in: AIR1971Kant79; AIR1971Mys79; (1970)2MysLJ553
D.M. Chandrashekhar, J.1. The principal question that arises for determination in this appeal is whether an appeal will lie from an order declining to set aside the abatement of an appeal.2. The appellant herein was also the appellant in R.A. No. 104 of 1965 on the file of the Civil Judge at Udipi. During the pendency of that appeal, respondent 1 therein died on 7-2-1967. On 5-6-1967 the appellant made an application under Order 22, Rule 4 read with Rule 11, C. P. C. for bringing on record the legal representatives of deceased respondent 1. Along with that application he made an application under Order 22, Rule 9, C. P. C. praying for setting aside the abatement of the appeal and another application under Section 5 of the Limitation Act purporting to be for condonation of delay in presenting the application for setting aside such abatement.3. The learned Civil Judge dismissed the application under Section 5 Of the Limitation Act, holding that there were no sufficient grounds for condon...
M. Anwar and anr. Vs. Haji Abdul Aziz Saheb and ors.
Court: Karnataka
Decided on: Sep-14-1970
Reported in: AIR1971Kant71; AIR1971Mys71; 1971CriLJ384; (1970)2MysLJ451
Ahmed Ali Khan, J.1. This reference is made under Section 8 (2) of the Mysore High Court Act, 1961, by single Judge of this court to this Bench. It was argued on behalf of the petitioner that the provisions of Section 145 of the Criminal Procedure Code are self-contained, and inasmuch as the said provisions do not provide for calling for report from the police in respect of the application filed under Section 145, Cr. P. C. the Magistrate was not competent to call for the report from the police. His Lordship Justice Venkataswami was of the opinion that on the express terms of Section 145, Cr. P. C. the contention advanced on behalf of the petitioners involved point of law; and referred the case to this bench.2. The material facts briefly stated are: that an application was filed under Section 145, Cr. P. C., by the members of the First party that the disputed saw mill situated in Mysore originally belonged to one Haji Abdul Aziz Saheb. The first member of the first party and the first ...
V.V. Dyavakkalavar and Company Vs. Commercial Tax Officer, Haveri and ...
Court: Karnataka
Decided on: Sep-10-1970
Reported in: (1970)2MysLJ469; [1970]26STC558(Kar)
ORDERGovinda Bhat, J.1. This writ petition, preferred under article 226 of the Constitution of India by an assessee under the Mysore Sales Tax Act, 1957, hereinafter called the Act, is directed against the order of penalty made by the Commercial Tax Officer, Haveri (respondent No. 1) under section 18-A of the Act, by which he imposed a penalty of Rs. 4,915. 2. The contention of the petitioner is that on the facts bound by the first respondent there has been no contravention of sub-section (1) or (2) of section 18 of the Act and consequently the levy of penalty is illegal. 3. In order to appreciate the contention, the material facts which are not in dispute may be briefly stated : The petitioner is a commission agent dealing in chillies besides other goods. The petitioner sells the chillies supplied by his principals, who are agriculturists. Though the sales by a commission agent of agricultural produce supplied by agriculturists for sale are not exigible to tax under the Act, the petit...
The Warden, Manipal Engineering College Hostel, Manipal and anr. Vs. t ...
Court: Karnataka
Decided on: Sep-10-1970
Reported in: [1971]27STC59(Kar)
ORDERGovinda Bhat, J.1. These writ petitions raise a common question whether there can be said to be any sale of food to the students of a hostel by the hostel and as such liable to be assessed to sales tax under the Mysore Sales Tax Act, 1957, hereinafter referred to as the Act. 2. The petitioners are the Wardens of the Manipal Engineering College Hostel, Manipal, and Kasturba Medical College Hostel, Manipal. Both the hostels, according to the allegations made in the affidavits filed in support of the writ petitions, provide boarding and lodging facilities for the students of the Engineering and Medical Colleges at Manipal and they run messes for the students in the said hostels. The students manage the hostels through secretaries chosen amongst themselves and the expenses incurred every month are divided amongst the students. These facts are not disputed by the respondents. 3. The Commercial Tax Officers, Udipi (respondent No. 3) assessed the wardens of the hostels to sales tax for t...
Venkataramanaswamy Permanent Bhandar Ltd. Vs. Fatima Bi and ors.
Court: Karnataka
Decided on: Sep-10-1970
Reported in: AIR1971Kant250; AIR1971Mys250; (1970)2MysLJ475
Jagannatha Shetty, J. 1. This appeal arises out of a suit brought by the appellant for recovery of money due on a mortgage bond dated 4-4-1958, effected by the husband of respondent No. 1 and father of respondents 2 to 6. 2. The bond provided for the payment of interest at 6 1/4 per cent, per annum and further stipulated that if a default was made in the payment ofthe prescribed installments, the rate of Interest would be 9%. There is a further stipulation that the rate of interest could be charged at a penal rate of 12% of failure to pay the recurring deposit. 3. The question for consideration in this appeal is whether the enhanced rate of interest at 9% payable on default is penal or excessive. The trial Court has awarded interest for the whole period at 6% till the date of realisation, whereas the appellate Court has awarded at 6 1/4 per cent from 1-74959 to 15-4-1964 and also for the period from the date of the suit till the date of the decree with future interest at the rate of 6 ...
B. Chickotappa and ors. Vs. Income-tax Officer, Central Circle Ii, Ban ...
Court: Karnataka
Decided on: Sep-09-1970
Reported in: [1971]81ITR431(KAR); [1971]81ITR431(Karn)
Govinda Bhat, J.1. The common question of law raised in these writ petitions is : 'Whether an individual partner has the right to set off his share of the unregistered firm's loss against his share of income of registered firms of the same year under the same head ?' 2. It arises in this way. The petitioners in Writ Petitions Nos. 3417 and 3419 of 1968 were partners in four firms during the accounting period relevant to the assessment year 1961-62. The petitioner in Writ petition No. 3418 of 1968 was a partner during the said year in three firms. They were assessed by the assessment by the assessment orders made on February 27, 1962, on the basis of the returns furnished and also on the basis that the firms in which they were partners were all registered firms. At the time of the assessment of the petitioners in Writ Petitions Nos. 3417 and 3419 of 1968, an application for registration of one of the firms in which the said petitioners were partners, viz., Messrs. Srinivasa Textiles, wa...
Devaraj Urs and ors. Vs. Mysore State Road Transport Corporation and o ...
Court: Karnataka
Decided on: Sep-09-1970
Reported in: (1972)ILLJ59Kant; (1970)2MysLJ496
Per A. Narayana Pai, J.1. The petitioner in W.P. 94 of 1966 was recruited as a conductor on 26-2-1962 by the Divisional Controller, Mysore State Road Transport Corporation, Mysore division. In respect of some alleged misconduct or misdemeanour, a disciplinary enquiry was held against him and he was dismissed from service by an order dated 9-10-1964 made by the said Divisional Controller, Mysore division. An appeal against the same by him presented to the General Manager at Bangalore was dismissed. Thereupon he presented the above W.P. 94 of 1966 to this Court which was disposed of on 16-10-1968. The judgment of this Court is reported at (1968) 2 Mys. L.J. 631. This Court upheld the petitioner's contention that the power of dismissal could be competently exercised only by the Deputy General Manager of the Bangalore division, in view of the express provisions of standing order No. XIII of the standing orders applicable to the Mysore Government Road Transport Department (M.G.R.T.D.). Acco...
D. Rudriah and anr. Vs. the Chancellor, University of Agricultural Sci ...
Court: Karnataka
Decided on: Sep-09-1970
Reported in: AIR1971Kant84; AIR1971Mys84; (1971)1MysLJ328
Chandrashekhar, J.1. In these two petitions under Article 226 of the Constitution, the validity of the appointment of respondent 5 (in both these petitions) as the Vice-Chancellor of the University of Agricultural Sciences in Mysore (hereinafter referred to as the University), has been challenged.2. By the notification dated 5-6 1970, the Chancellor of the University, in exercise of the powers vested in him under Sub-section (2) of Section 12 of the University of Agricultural Sciences Act, 1963 (Mysore Act 22 of 1963) (hereinafter referred to as the Act), appointed respondent 5 (in both these petitions) as the Vice-Chancellor of the University for a period of three years with effect from 12-6-1970.3. The petitioner in W. P. No. 2181 of 1970 is holding the office of the Director of Animal Husbandry and Veterinary Services in Mysore. He is a graduate in Agriculture and also holds a Master's degree in Dairy.4. The petitioner in W. P. No. 2537 of 1970 claims to be a journalist.5. It is com...
Devaraj Urs and ors. Vs. the General Manager, Mysore State Road Transp ...
Court: Karnataka
Decided on: Sep-09-1970
Reported in: AIR1971Kant99; AIR1971Mys99
Narayana Pai, J.1. The petitioner in W. P. 94 of 1966 was recruited as a conductor on 26-2-1962 by the Divisional Controller. Mysore State Road Transport Corporation, Mysore Division. In respect of some alleged misconduct or misdemeanour, a disciplinary enquiry was held against him and he was dismissed from service by an order dated 29-10-1964 made by the said Divisional Controller, Mysore Division. An Appeal against the same by him presented to the General Manager at Bangalore was dismissed. Thereupon he presented the above Writ Petn. No. 94 of 1966 to this Court which was disposed of on 16-10-1968. The judgment of this court is reported at page 631 of 1968 (2) Mys LJ (reported In AIR 1969 SC 225). This Court upheld the petitioner's contention that the power of dismissal could be competently exercised only by the Deputy General Manager of the Bangalore Division, in view of the express provisions of Standing Order No. XIII of the Standing Orders applicable to the Mysore Government Road...
R.S. Kalolimath Vs. State of Mysore
Court: Karnataka
Decided on: Sep-08-1970
Reported in: (1970)IILLJ647Kant; (1970)2MysLJ432
ORDERNarayana Pai, J.1. The petitioner, who was in the service of the State Government of Mysore, prays for the issue of an appropriate writ directing the respondent State Government to calculate and pay to him all the pay and allowances due to him on the basis that he was in the service of the Government from 1-4-1959 to 13-3-1967 and also directing the Government to determine and pay his pension for the subsequent period. 2. The petitioner is an engineering graduate and joined the service of the Government of the erstwhile State of Mysore as a Senior Operator on 23rd November, 1945. Early in 1959 he was working as Executive Engineer (Electrical) at the Color Gold Fields. 3. According to the entry made in his Service Register, the date of his birth is 13th March, 1912. In 1959 the State Government appears to have redetermined the date of his birth as 28th January, 1904. By an order dated 1st April 1959, the petitioner was directed by the Government to retire from service, the period f...
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