Karnataka Court January 1973 Judgments
A. Rahiman and anr. Vs. M. Wabber and ors.
Court: Karnataka
Decided on: Jan-31-1973
Reported in: 1973CriLJ1682; (1973)1MysLJ376
ORDERNesargi, J.1. This appeal is filed by the respondents 1 and 2 in claims Case No. 72 of 1'966 on the file of the Motor Accidents Claims Tribunal and District Judge South Kanara, Mangalore against the award passed by the Tribunal holding that the claimant in the said claims case was entitled to an amount of Bs. 6,750 as compensation from these appellants in regard to his claim arising out of a motor accident that took place at about 5.50 P. M. on 22-10-1966 on Mangalore-Charmady Road between mile stones 27/4 and 27/5.2. The averments of the claimant are that he was an engineer expert working in the Basel Mission Trust. Bangalore and drawing about Rs. 665 per month though he was entitled to a salary of Rs. 2,000 per month. On 22-10-1966 he was travelling in car bearing registration No. MYX 761 belonging to the said Trust and driven by one Mr. Gauer. The car was proceeding towards Mangalore. There was a 'S' curve between the said mile stones. It was up gradient for the car. The car wa...
Tag this Judgment!V. Vembu Iyer Vs. Union of India (Uoi) and ors.
Court: Karnataka
Decided on: Jan-25-1973
Reported in: 1984(15)ELT125(Kar); (1973)1MysLJ258
ORDER1. In this petition, under Articles 226 and 227, V.V. Iyer, the petitioner challenges the validity of the proceedings taken and the penalty imposed on him by the Collector of Customs of Bombay, by the order dated 29-7-1963.2. The events leading to the petition are these : The petitioner was the sole proprietor of M/s. New India Corporation, Bombay during the period of 1953 to 1957. He was engaged in the business of importing sprayers operated either by hand or machines. The customs authorities proceeded against the petitioner for the offence of 'Under-invoicing' and unauthorised importation of the consignments. After giving opportunity to the petitioner, the Collector of Customs found the petitioner guilty of the offence under Section 167, clause (8) of the Sea Customs Act, 1878 read with Section 3 of the Imports and Exports (Control) Act, 1947. An aggregate amount of Rs. 3,23,800 as personal penalty was levied. Being aggrieved by the order, the petitioner filed appeals 201 to 206...
Tag this Judgment!Ramappa Mallappa Karunnavar Vs. Vinayak Shripatrao Patwardhan and anr.
Court: Karnataka
Decided on: Jan-24-1973
Reported in: AIR1973Kant322; AIR1973Mys322; ILR1973KAR385; (1973)1MysLJ294
Venkataswami, J.1. This second appeal is by the plaintiff in L. C. Suit 171 of 1964 on the file of the First Additional Munsiff at Dharwar, It is directed against the judgment and decree, dismissing the suit of the appellant in reversal of the judgment and decree of the learned Munsiff. made by the learned Civil Judge Dharwar in C. A. 38 of 1966.2. The first respondent herein is admittedly the owner of the suit property. The second respondent is the tenant inducted for the first time in 1957.3. The relevant lacks, briefly stated, are as follows:The suit is one for possession of the suit land bearing RS. 38. situated in Guddadada Hulikatti in Kalghatgi Taluks of Dharwar District. Admittedly, it belonged to the first respondent. The case of the appellant is that his father was a protected tenant on the land in accordance with the Bombay Tenancy and Agricultural Lands Act. 1948 hereinafter referred to as the Tenancy Act. The father of the appellant is stated to have died about 8 or 10 yea...
Tag this Judgment!S. Sannaiah Vs. Commissioner of Income-tax, Mysore and anr.
Court: Karnataka
Decided on: Jan-19-1973
Reported in: [1974]95ITR435(KAR); [1974]95ITR435(Karn); (1973)1MysLJ418
Govinda Bhat, J.1. This matter arises under the Income-tax Act, 1961, hereinafter referred to as the Act. The petitioner owned one lorry since the year 1964. Prior to the assessment year 1965-66, he was not an assessee under the Act. He did not file his return of income for the assessment years 1965-66 to 1969-70 as required under the Act. On November 4, 1969, he voluntarily submitted his returns for the assessment years 1965-66 to 1969-70. On the said returns, the assessing authority (respondent No. 2) completed the assessment and passed assessment orders on November 20, 1969. On the same day, the 2nd respondent issued notices to the petitioner under sub-section (1) of section 271 of the Act to show cause why penalty should not be imposed on him. On receipt of the said notices, the petitioner made an application dated March 2, 1970, before the Commissioner of Income-tax in Mysore (respondent No. 1) for waiving the penalty under section 271(4a) of the Act. In the said application the p...
Tag this Judgment!M.K. Basha Sahib Vs. the Divisional Commissioner Bangalore Division, B ...
Court: Karnataka
Decided on: Jan-04-1973
Reported in: AIR1973Kant183; AIR1973Mys183; (1973)1MysLJ139
Govinda Bhat, J.1. This writ petition preferred under Article 226 of the Constitution raises the question whether in an appeal preferred under Section 10 of the Mysore Cinemas (Regulation) Act, 1964 hereinafter called the Act the Appellate Authority has jurisdiction to set aside the licence granted to a rival applicant under Section 5 of the Act. The question arises in this way: In Thirhtahalli town there is a permanent cinema theatre run by the 3rd respondent B. S. Prabhakar. The population of Thirthahalli town, according to the last census is stated to be 22.836 and therefore the number of cinemas to be permitted in Thirthahalli town cannot exceed two,2. The petitioner who is the owner of a touring talkies applied to the District Magistrate. Shimoga who is the Licensing Authority under the Act. for grant of a touring cinema licence in the year 1969. The 3rd respondent filed objections to the grant prayed for on the ground that the population of Thirthahalli town does not justify the ...
Tag this Judgment!Workmen of Davangere Cotton Mills Ltd. Vs. Industrial Tribunal, Bangal ...
Court: Karnataka
Decided on: Jan-02-1973
Reported in: [1974(28)FLR162]; ILR1973KAR11; (1973)ILLJ306Kant; (1973)1MysLJ262
A. Narayana Pai, C.J.1. This writ petition by the workmen of the Davangere Cotton Mills Limited, represented by the Davangere Cotton Mills Employees' Association is directed against an award dated 12th July, 1967, made by the Industrial Tribunal in Mysore at Bangalore, in Industrial Dispute No. 145 of 1966 referred to it by the State Government. The contesting respondent is the 2nd respondent, the management of the Davangere Cotton Mills Limited, represented by its secretary. 2. Though several points of dispute were considered by the Tribunal, the only two matters pressed before us for consideration by Mr. Byra Reddy, Advocate-General on behalf of the petitioner, are (1) the retrenchment of 77 workmen on 20th June, 1966 and (2) the dismissal for misconduct of six workmen after a disciplinary enquiry held by the management. On both these matters, the Tribunal has rejected the case of the workmen. 3. Regarding the retrenchment, the admitted facts are that consequent upon a change effecte...
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