Karnataka Court January 1976 Judgments
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K.B. Mulla Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-29-1976
Reported in: 1977CriLJ925
K. Bhimiah, J.1. This appeal is directed against the judgment passed by the Special Judge, Bellary, in Special Case No. 1 of 1974, convicting the appellant (to be hereinafter referred to as the 'Accused') for an offence under Section 5(1)(d) of the Prevention of Corruption Act (to be hereinafter referred to as the 'Act') read with Section 161 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- in default, to suffer rigorous imprisonment for three months.2. The Accused was tried by the Special Judge on the following charge, which reads thus:That you, on the 4th day of January, 1973, were working as Sub-Inspector of Police, Hospet Rural, that you were then a public servant and in your capacity as such, you accepted for yourself by corrupt means Rs. 500/- as illegal gratification from one B. Hulugappa, son of Nagappa, on a promise that you would not involve the said Hulugappa as an accused in Crime No. 72 of 1972 of H...
Rama Metal Works and ors. Vs. the National Small Industries Corporatio ...
Court: Karnataka
Decided on: Jan-27-1976
Reported in: AIR1977Kant24; 1976(1)KarLJ173
Venkatachaliah, J.1. In this appeal by the defendants, the correctness of the judgment and decree dated 21-9197 1 of the Civil Judge, Civil Station, Bangalore, in 0. S. No. 42 of 1971 on his file granting to the respondent a decree for Rs. 20,910.57 with costs and pendentelite and future interest is challenged.2. The relevant and undisputed facts are the following:The National Small Industries Corporation Ltd., the respondent, is a Government Company established for the purpose of assisting Small Scale Industries, inter alia, by arranging supply of machinery to industrial Entrepreneurs on hire purchase basis in terms of the scheme formulated by it. The first appellant, a firm of partners, of which the other appellants are partners applied to respondent under Exhibit P-3 dated 2-4-1957 which was accepted by respondent, requesting supply on hire purchase certain machine tools which included what was known as a 'Kirloskar Lathe'. However, by letter Exhibit P-4 dated 12-5-1959, the said ap...
Subbananjiah Vs. Inspector of Factories and anr.
Court: Karnataka
Decided on: Jan-22-1976
Reported in: 1976(1)KarLJ285; (1976)IILLJ426Kant
ORDER1. The petitioner who is the owner of a rice mill in which he has installed a huller and polishing machine called sheller, has questioned in this writ petition the validity of the notification dated 27-5-1974, issued by the State Government under sub-s. (1) of S. 85 of Factories Act, 1948 (hereinafter referred to as the Act), declaring that all the provisions of the Act except Chapters VI, VII, and VIII thereof shall apply to any place where the manufacturing process or rice milling including hulling and polishing but excluding the place where milling and polishing is carried on entirely by huller and where no paddy sheller is installed, notwithstanding that the number of persons employed therein is less than ten or the persons working therein are not employed by the owner thereof but working with the permission of, or under agreement with such owner, provided that the manufacturing process is not being carried on by the owner only with the aid of his family. 2. The only ground ur...
H. Subba Rao Vs. the Life Insurance Corporation of India and anr.
Court: Karnataka
Decided on: Jan-21-1976
Reported in: ILR1976KAR800; 1976(1)KarLJ289
ORDER1. The petitioner is a Development Officer in the Life Insurance Corporation of India ('the Corporation'). Before the Corporation was formed, he was employed in the Hindustan Co-operative Insurance Company Ltd., While joining service, he had given his date of birth as '6-2-1916'. The service records maintained by his employer were forwarded to the Corporation when his services were taken over by the latter. Now, it has been notified that he shall retire on attaining the age of superannuation at 60 years. That date is not far off. It falls on 6-2-1976. The petitioner challenges the said Notification by contending that the Corporation has failed to record his correct date of birth as 15-6-1917.2. The dispute arose in this way:By letter dated 14-9-1968, 17-9-1968, the Corporation asked the petitioner to submit the school or college certificate in proof of his age and educational qualification. A reminder was issued on 16-10-1968 to the same effect. Thereafter, the petitioner produced...
P.T. Doddiah Vs. Hanumanthappa and ors.
Court: Karnataka
Decided on: Jan-21-1976
Reported in: 1976CriLJ1437
M.S. Nesargi, J.1. This petition has come up before us by way of reference.2. The facts giving rise to this petition may be briefly narrated as follows:3. Respondent-1 Hanumanthappa filed a private complaint before the court of the Judicial Magistrate First Class, Tarikere in C. C. No. 877 of 1973 alleging that the petitioner had, as hereditary patel of Mudigere village in Tarikere Taluk, collected a sum of Rs. 100/- from him (respondent-1) on 20-5-1970 towards land revenue payable by him and that the petitioner had issued an official receipt, but later on respondent-1 received a demand notice demanding payment of a sum of Rs. 380/- and odd towards arrears of land revenue and hence he made enquiries with the petitioner and requested the petitioner to give reference for having remitted the said sum of Rs. 100/-. The petitioner asserted that he had remitted the amount and what was demanded by the taluk office was the amount actually due from the 1st respondent after deducting the sum of ...
Mysore State Co-operative Printing Works Vs. Regional Provident Fund C ...
Court: Karnataka
Decided on: Jan-16-1976
Reported in: ILR1976KAR1233; 1976(1)KarLJ277; (1976)IILLJ300Kant
ORDER1. An establishment engaged in the printing works run under the name and style of 'the Mysore State Co-operative Printing Works Ltd.' has been registered as a Society under the Karnataka Co-operative Societies Act. I will call this establishment hereinafter as 'the Society'. The grievance of the Society in this writ petition is that it did not employ 20 workers during the relevant period in or in connection with the work of the Society, and, therefore, not liable to pay the contribution payable under the Employees' Provident Funds and Family Pension Fund Act, 1952, hereinafter called 'the Act'. 2. The facts leading up to the writ petition are these : On 15/22-2/1973, the Regional Provident Fund Commissioner who is a statutory authority under the Act, called upon the Society to pay the contribution with effect from first September, 1972 in respect of the eligible persons employed in the Society on the ground that it was covered by the provisions of the Act and the Scheme framed the...
The Premier Insurance Co. Ltd. Vs. Padma Srinivasan Overruled
Court: Karnataka
Decided on: Jan-09-1976
Reported in: ILR1976KAR823; 1976(1)KarLJ168
Sadanandaswamy, J.1. The appellant is an Insurance Company. The appeal is filed, against the award made by the Motor Accidents Claims Tribunal at Bangalore, dated 20th November, 1972 in M. C. (M. V. C.) No. 120 of 1970. The respondent preferred an application under Section 110-A of the Motor Vehicles Act for compensation on account of the death of her husband who died in a motor accident which took place in Bangalore on 5-4-1970. The lorry bearing Recitations No. MYT 3298 insured with the present appellant-Company was involved in the accident. In the objection Statement filed by the appellant-Company before the Tribunal it was alleged that on a search in the Office of the appellant Company there was no reference to this lorry being insured with the Company, that there must have been some fraud in the matter of having insured this lorry and that otherwise the appellant-Company would have issued a policy if a duplicate of the certificate of insurance had been sent to the Office. The appe...
The Special Land Acquisition Officer, Mangalore Vs. Piadade Fernandes
Court: Karnataka
Decided on: Jan-07-1976
Reported in: AIR1977Kant28; ILR1976KAR320; 1976(1)KarLJ218
G.K. Govinda Bhat, C.J.1. This appeal has come up after the matter was once remanded to the Court below for adjudicating the claim of the claimant for damages for severance of the land after acquisition and the consequent injurious affection to the ea5ztern block of Survey No. 43/6A1B2 of Kankanady village measuring 16 cents containing certain buildings.2. The Court below, after remand, appointed a Commissioner to value the remaining land with buildings and arbitrarily estimated the quantum of damages at 25% of the market value. In the cross - objections, the claimant contends that 50 % of the market value as estimated by the Commissioner ought to have been awarded as compensation under clause 'fourthly' of Section 23(1) of the Land Acquisition Act. The Court below has not assessed the damages under the said clause, in accordance with settled legal principles governing such matters. There is no material before us on the basis of which we can assess the damages,3. The principles governi...
Commander Works Engineers Vs. Sarvashri Sreenivasan Foundaries and Eng ...
Court: Karnataka
Decided on: Jan-06-1976
Reported in: AIR1976Kant206; ILR1976KAR686; 1976(1)KarLJ163
1. This is an appeal against the judgment of the II Additional Civil Judge, Belgaum, dated 14th December, 1970 in Arbitration Case No. 4 of 1969 setting aside the award filed under Section 30(a) of the Arbitration Act.2. The appellant before us is the Commander, Works Engineers, Dickinson Road Bangalore, who was opponent No. 1 in the lower Court. On or about 10-3-1967 the 1st opponent accepted tender of the 2nd opponent, Sarvashri Sreenivasa Foundries and Engineering Works, and entered into a contract with it for the supply of steel furniture consisting of steel chairs, steel tubular tables, steel beds and steel trays for a total amount of Rs. 81,245.00. The major item of the tender consisted of 320 steel tables of the value of Rs. 73,600/-. According to the original contract they had to be manufactured in the factory of the 2nd opponent. But, according to the 2nd opponent, this item was altered by the 1st opponent and the 1st opponent insisted that the 2nd opponent had to supply table...
The Tahsildar and Returning Officer Agricultural Produce Market Commit ...
Court: Karnataka
Decided on: Jan-06-1976
Reported in: ILR1976KAR629; 1976(1)KarLJ272
G.K. Govinda Bhat, C.J.1. This appeal by the Tahsildar and Returning Officer, Agricultural Produce Market Committee, Bhalki, Bidar District, who is respondent No. 1 in Writ Petition No. 5138 of 1975, is directed against the order D/- 11-12-1975 made by Venkataramiah, J., allowing the writ petition of respondents 1 and 2 herein challenging the notification of the appellant dated 24-9-1975. 2. Respondents 1 and 2, among others, were elected as Members of the Regulated Market Committee, Bhalki, constituted under the Karnataka Agricultural Produce Market (Regulation) Act, 1966 (hereinafter called the Act). The Deputy Commissioner, Bidar published a notification in the Official Gazette under Section 27 of the Act notifying the names of all the elected Members of the Market Committee on 7-8-1975. Thereafter, the appellant herein published a calendar of events on 5-9-1975 for election of the Chairman and the vice-Chairman of the Market Committee, and the election was fixed for 25-9-1975. Purs...
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