Karnataka Court July 1979 Judgments
Karnataka Bank Employees Association Vs. Commissioner of Labour and or ...
Court: Karnataka
Decided on: Jul-22-1979
Reported in: 1979(2)KarLJ316; (1980)ILLJ97Kant
ORDER1. In this writ petition, the petitioner-which is an association of Karnataka Bank Employees, duly registered under the Trade Unions Act, 1926, has challenged the orders of the Labour Commissioner, (who is the first respondent herein) dated 24-8-1974 and 19-11-1975 produced as Exts. F and G respectively directing the General Manager of the 2nd respondent Bank to discontinue the practice of collecting Rs. 2 per month from the salary of members of the petitioner-Association in terms of an agreement dated 4-1-1971 between the petitioner and respondent. 2. The petitioner-association consists of a large majority of the employees of the 2nd respondent-Bank. The agreement Ext. A in the writ petition provides for deduction of monthly subscription of Rs. 2 on receipt of a letter of authority from the member-employees. 3. The first respondent (the Commissioner of Labour) though served has not chosen to file any counter and in the circumstances, the facts stated in the writ petition remain u...
Tag this Judgment!K.B. Dani Vs. State of Karnataka
Court: Karnataka
Decided on: Jul-20-1979
Reported in: ILR1979KAR2315; 1979(2)KarLJ286; [1979]44STC276(Kar)
Rama Jois, J.1. Whether tractor-trailer is a machinery or necessary of a machinery for the purpose of levy of tax under the Karnataka Sales Tax Act, 1957 (hereinafter referred to as 'the Act'), is the question of law that arises for consideration in this sales tax appeal presented under section 24 of the Act. 2. The appellant is an assessee under the Act. For the assessment period commencing from 31st October, 1970, to 19th October, 1971, the Commercial Tax Officer, II Circle, Hubli, mad an order of assessment against the assessee on 31st October, 1972. Out of his total turnover, a sum of Rs. 1,59,318 representing the sales turnover of tractor-trailers was subjected to tax at 3 per cent. under section 5(1) of the Act as they were non-scheduled goods. The assessee was satisfied with the order. The Commissioner of Commercial Taxes, however, exercising his suo motu power under section 22A of the Act, issued notice to the assessee on the ground that the order of the Commercial Tax Officer ...
Tag this Judgment!K. Sham Rao Vs. A.R. Diwakar
Court: Karnataka
Decided on: Jul-18-1979
Reported in: 1980CriLJ347
ORDERM. Nagappa, J.1. This revision petition by the complainant is directed against the order dated 18-11-1978 passed by the II Additional Chief Metropolitan Magistrate, Bangalore in C. R. No. 45/77 accepting the 'B' report submitted by the Police and refusing to take cognizance of the complaint.2. Few facts of the case that the complainant-petitioner lodged a complaint before the learned Magistrate on 18-12-1974 which is in brief as follows:That the complainant is one of the persons who is associated with the members of the Lokashikshana Trust, which came into existence in or about the year 1935, in several activities. The several activities of the Trust included the publication of the daily newspaper Samyukta Rarnataka from Hubli and Bangalore with offices at the above places, The Trust owns properties and the accused who is the Secretary of the Trust has been operating the finance of the Trust in the said capacity. The accused, it is alleged, has withdrawn certain amounts totalling ...
Tag this Judgment!Central Excise Department Vs. P. Somasundaram
Court: Karnataka
Decided on: Jul-18-1979
Reported in: 1980CriLJ533
M.S. Nesargi, J.1. The appellant has challenged the legality and correctness of the judgment of acquittal dated 21-9-1977 passed by the Chief Judicial Magistrate, Bangalore District, Bangalore, in C. C. No. 558 of 1974, acquitting the respondent who was accused therein of the offences punishable under Section 135 (b) of the Customs Act, 1962, and Section 85 (ii) of the Gold (Control) Act 1968.2. The prosecution case was that Sri A. E. Austin (P. W. 1) was, during the period in question, namely, October 1971, Inspector of Central Excise, Headquarters at Bangalore. He got credible information on 5-10-1971 that contraband gold was being taken from Bangalore to Salem. He took three other Inspectors attached to the said office and proceeded to Attibele. They waited there in Anekal circle. They were checking buses. At about 9 p. m., bus bearing No. 4190 belonging to Parveen Service and proceeding towards Anekal reached there. He stopped the bus. He and the other 3 Inspectors entered into the...
Tag this Judgment!Srikant Rangacharya Adya Vs. Anuradha
Court: Karnataka
Decided on: Jul-17-1979
Reported in: AIR1980Kant8; ILR1979KAR2332; 1980(1)KarLJ101
K.A. Swami, J.1. The appellant was the petitioner before the trial Court.2. This is an appeal by the unsuccessful husband who wanted to escape from the sacred bonds of marriage on the grounds, which, unfortunately for the appellant, are held to be attributable to him and not to the respondent. The trial Court has dismissed the petition in pursuance of the findings recorded by it that the appellant has failed to establish that no consummation of the marriage was due to the impotency of the respondent. Further nor was It due to any repulsive and non-co-operative conduct on 'the part of the respondent to, effectuate the sexual intercourse, by the decree dated 25th Sep. 1972 passed in Matrimonial Case No. 7 of 1972. Before the trial Court as well as before us, it was not disputed that there was no consummation of the marriage and it was also conceded in the trial Court that the character of the respondent was not at all assailed in the proceedings. Before- us also, nothing was said about t...
Tag this Judgment!M.R. Channarayapa Vs. the Tahsildar and Returning Officer, Malur and a ...
Court: Karnataka
Decided on: Jul-16-1979
Reported in: AIR1980Kant72
ORDER1. An otherwise simple case has unnecessarily become complicated calling for determination of an important question that did not arise in the original writ petition itself. In order to appreciate and answer that and other questions, it is necessary to notice the facts in some details 2. In the recent general elections held to the Town Municipal Council of Malur, Kolar District, (hereinafter referred to as 'the T. M. C') constituted and functioning under the provision of the Karnataka Municipalities Act of 1964, (Karnataka Act No. 22 of 1963) (hereinafter referred to as 'the Act'), the petitioner, respondent No. 2. and 13 others were elected as the Councilors of the said. M. C. On 13-6-1979, respondent No. I issued the calendar of events for holding elections to the office of the President of the T. M. C. specifying *the following dates and time for the completion of elections to the said office:21-6-1979 last date fore receipt of Nominations:before 3.00 p.m. security of Nomination...
Tag this Judgment!B.K. Narayanaswamy Vs. Regional Transport Officer, Shimoga and ors.
Court: Karnataka
Decided on: Jul-12-1979
Reported in: AIR1980Kant152
ORDER1. In this petition under Article 226(1)(a), (b) and (c) of the Constitution the petitioner who is the registered owner of the Matador Vehicle Bearing No. MES 3306, has challenged the correctness of the order passed by the R. T. O.. Shimoga dated 3-1-1979 (Ex. B) and also the order assed by the Deputy Commissioner for Transport Shimoga in Tax Appeal No. 7/79 dated 25-5-1979 (Ex. D).2. The necessary facts for consideration of the contentions raised on behalf of the petitioner are not in dispute, The R. T.O. Chittoor after affording due opportunity to the petitioner, by his order dated 26-12-78 (Ex. C) suspended the registration certificate of the vehicle in question for a period of four months for the reasons recorded therein. Thereafter the R. T. O. Chittoor forwarded the impounded R. C. Book of the vehicle in question to the R. T. O. Shimoga. On receipt of the same the R. T. O Shimoga intimated the petitioner that he should not run the vehicle on the road for a period of four mon...
Tag this Judgment!Peoples Education Society, Belgaum Vs. the State of Karnataka and ors.
Court: Karnataka
Decided on: Jul-12-1979
Reported in: AIR1980Kant151; 1979(2)KarLJ343
ORDER1. In this petition under Article 226(1)(a) (b) and (c) of the Constitution, the petitioner-Society has challenged the validity of the order passed by the State Government in No. RD 48 EST. 79 dated 19th April. 1979 in exercise of its power under S. 27-A of the Karnataka cities Registration Act, 1960 (herein after referred to as 'the Act'), appointing the Divisional Commissioner, Belgaum Division as Administrator of the petitioner Society 'for a period of six months or till such time the normalcy in administration is restored and the administration is re-handed over to the Society by the Divisional Commissioner. Belgaum Division, whichever is earlier.'2. Shri H. B. Datar , the learned counsel appearing for the petitioner-Society. submitted that the impugned order has been passed by the Government on the basis of the report said to have been submitted by the Deputy Commissioner, Belgaum (appointed by the State Government to perform the duties and functions of the Registrar under th...
Tag this Judgment!Chikkamuddu and ors. Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jul-12-1979
Reported in: AIR1980Kant169; 1979(2)KarLJ421
ORDER1. At Kanakapura town of Bangalore Districts there is a Town Municipal Council (hereinafter referred to as 'the T. M. C.') constituted and functioning under the provisions of the Karnataka Municipalities Act, 1964 (Karnataka Act No. 22/64) (hereinafter referred to as 'the Act'). In Notification No. HUD 32 TML 78 dated 10-3-1978, Government of Karnataka, in exercise of the powers conferred on it by S. 13 of the Act, issued a preliminary or draft Notification proposing to determine the territorial constituencies of the T. M. C. as set out in that Notification. On a consideration of the objections if any filed, Government in its Notification No. HUD 32 TML 78 dated 25-4-1978 determined the territorial constituencies of the T. M. C. In the said Notification, the T.M . C. was divided into 4 Divisions consisting of 19 members to be elected from various divisions as detailed hereunder:-Division No. No. of seats No. of seats reserved for S. C. women. No. of seats reserved for women.allott...
Tag this Judgment!Narayanaswamy Vs. Regional Transport Officer
Court: Karnataka
Decided on: Jul-12-1979
Reported in: ILR1986KAR373
ORDERK. A. Swami, J.1. In this Petition under Article 226(i)(a), (b) & (c) of the Constitution the petitioner who is the registered owner of the Matador Vehicle Bearing No. MES 3306, has challenged the correctness of the order passed by the R.T.O., Shimoga dated 3-1-1979 (Ex. B) and also the order passed by the Deputy Commissioner for Transport, Shimoga, in Tax Appeal No. 7/79 dated 25-5-79 (Ex. D).2. The necessary facts for consideration of the contention raised on behalf of the petitioner are not in dispute. The R.T.O., Chittoor, after affording due oppurtunity to the petitioner, by his order dated 26-12-1978 (Ex.C) suspended the registration certificate of the vehicle in question for a period of four months for the reasons recorded therein. Thereafter the R.T.O., Chittoor, forwarded the impounded R.C. Book of the vehicle in question to the R.T.O, Shimoga. On receipt of the same R.T.O. Shimoga, intimated the petitioner that he should not run the vehicle on the road for a period of fo...
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