Court : Karnataka
Reported in : 1977CriLJ81
ORDERK. Bhimiah, J.1. In these Criminal Revision Petitions the common order passed by the Sessions Judge, Belgaum regarding the disposal of property involved in certain offences is challenged by the petitioners who were convicted and sentenced by the Judicial Magistrate, First Class Chikkodi.2. These petitioners were tried for offences punishable under Section 5 read with Section 39 of the Karnataka Money-Lenders Act, 1961 and Section 3 read with Section 18 of the Karnataka Pawnbrokers Act 1961 for carrying on money-lending and pawn broking business without possessing licences. When the accusation was read out these petitioners pleaded guilty. The Magistrate accepted the plea of guilt as voluntary and spontaneous and convicted them for the said offences and sentenced them to pay fines and in default to undergo certain period of simple imprisonment. Further the Magistrate directed the return of articles involved in those offences to the concerned owners after ascertaining the ownership ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1976KAR1250; 1976(2)KarLJ24
1. This is an appeal under Section 28 of the Hindu Marriage Act and by the husband. He is aggrieved by an interim order of maintenance made in M. C. No. 31 of 1974 on the file of the Additional Civil Judge at Mysore.2. The matter has arisen in this way: M. C. No. 31 of 1974 was filed by the husband for the restitution of conjugal rights against the wife. In the course of the proceeding the husband also filed an application, I. A. II, seeking custody of his children who are staving with the respondent-wife. When the petition was filed the respondent had three children aged 4, 6, and 9 years. It is also undisputed that since the date of the petition a 4th child has been born. On behalf of the wife an application for interim maintenance was filed presumably pursuant to Section 24 of the Hindu Marriage Act (hereinafter called the Act) by way of I. A. I. The Court, upon affidavits, came to the conclusion that a sum of Rs. 120/- per month had to be paid to the wife and Rs. 50/- per month to ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1976KAR1379; 1976(2)KarLJ57; (1977)ILLJ33Kant
1. These two petitions under Art. 227 are directed against the award dated 30th June, 1975, made by the Labour Court, Bangalore, in Reference No. 36 of 1973. The Labour Court has held that the management of M/s. Rallis India Limited was justified in discharging the service of Sri K. Natarajan, but it directed the management to re-employ the workman as a fresh candidate without back wages. 2. The facts in brief are these : Natarajan was appointed as a peon-cum-packer in the pharmaceutical depot of the Rallis India Limited. One fine day, the management found the workman not regular in his duties owing to weakness and poor health. So the workman was sent for medical examination by Dr. S. Janardhan. The said doctor, on the basis of clinical examination and X-ray report, opined that the workman was suffering from Chronic Bronchitis with advanced emphysema of lungs with very poor pulmonary function. He was also of the opinion that the workman was unfit manual work. Relying on this opinion, t...
Tag this Judgment!Court : Karnataka
Reported in : AIR1977Kant45; ILR1976KAR1247; 1976(2)KarLJ23
ORDER1. A claim to Tatil Inarn lands consequent on the abolition of a Village Office, came for consideration before the Assistant Commissioner, Chikodi. The petitioner and respondent-1 were rival claimants, The Assistant Commissioner, by his order dated 16-7-1969, regranted the lands to respondent-I and rejected the claim of the petitioner, The copies of the order are said to have been dispatched to the parties on 29-7-1969, as per the entries in the Dispatch Register maintained in the Office. The petitioner, complaining the non-receipt of the copy, obtained a certified copy of the same and preferred an appeal before the District judge, Belgaum, on 5-1-1970. The learned judge dismissed the appeal one the ground that it was preferred after 90 days from the date of the order and also' from the date of its service to the petitioner. The learned judge has raised a pre-, presumption of due service under Section 114 of the Evidence Act on the basis of the entries in the Dispatch Register.2. ...
Tag this Judgment!Court : Karnataka
Reported in : AIR1977Kant86; ILR1976KAR1243; 1976(2)KarLJ20
ORDER1. The petitioner is a firm of Merchants and Commission Agents trading within the jurisdiction of the Agricultural Produce Market Committee, Shimoga. The Market Committee, by its order dated 13-8-1973, suspended the petitioner's licence, for a period of one month, under, Section 73 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966, (shortly called 'the Act'). The petitioner's appeal against the said order was dismissed by the Chief Marketing Officer, Bangalore. Hence, this writ petition under Art. 227 of the Constitution.2. The facts leading up to the order of suspending the licence, as revealed from the records, are these:Respondent 3, Subbiah Gowda is a younger brother of Laxman Gowda. They are agriculturists, having regular transactions with the petitioner on agricultural commodities. In January, 1973, the petitioner paid Rs. 7,401/- to Laxman Gowda as advance towards supply of areca. In the same month the petitioner, received 8 bags of areca, which was cre...
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