Court : Karnataka
Reported in : (1969)IILLJ1Kant; (1968)2MysLJ299
..... transfer to, and absorption in, the mysore government secretariat service, of respondents 2 to 10 and giving seniority and promotion to them over the petitioner, by the orders dated 30 september, 1959, 11 april, 1960 and 10 november, 1964 referred to above, were challenged on the following grounds as formulated by his learned counsel : (i) the impugned order dated 30 september, 1959 absorbing respondents 2 and 10 in the mysore government secretariat service contravened the mysore secretariat services ..... of respondents 2 to 10 from the office of the kannada translator to the government to the mysore government secretariat was made in exercise of the re-organized state which has not been affected by the act and the exercise of that power naturally is not dependent on the completion of the work of integration by the central government. ..... when the government is doing an administrative act, the fact that it has to form an opinion that the posts are of equivalent grade, does not make it any the less administrative in character; the court cannot scrutinize the order to determine whether ..... 115 of the act, is made by the central government and in that process, the inter se seniority of the integrated personnel as on 1 november, 1958 requires ..... the said order and the chief translator to government should make proposals immediately about the staff which will have to be absorbed in other departments or retrenched, if any persons are holding appointments only on temporary or acting tenure (vide pp. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant73; AIR1968Mys73
..... option of the allottee officials either to opt for the scale of pay of the new state of mysore or to the pay scale of their parent states; that is a protection afforded to the officials affected by section 115 of the act, and the pay scale of the allottee official not opting for the scale of the new state, is in the nature of his personal pay scale. ..... asa 60, dated 11-4-1950 is ultra vires of the powers of the state government and the order dated 10-11-1964 promoting respondent-2 on the basis of his seniority in the inter-state seniority list is illegal. ..... to, and absorption in the mysore government secretariat service, of respondents 2 to 10 and giving seniority and promotion to them over the petitioner, by the orders dated 30-9-1959, 11-4-1960 and 10-11-1964 referred to above, were challenged on the following grounds as formulated by his learned counsel:i. ..... in his affidavit that the said orders of 1959 and 1960 were not published, that he had no knowledge of the same, and that it was only when respondent-2 was promoted by the order made on 10-11-1964, on the basis of the provisional inter-state seniority list ranking respondent-2 as serial no. ..... ordered herein are purely provisional subject to review after finalisation of the inter-state seniority list'.on 17th december 1964, the petitioner filed the above writ petition challenging the above orders. ..... xx xx xxannexure to the impugned order of promotion dated 10-11-1964 of respondent-2 refers to his ranking in the inter-state seniority .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant56; AIR1968Mys56; (1967)2MysLJ168
..... it is the case of the plaintiff that it is a banking company, duly registered under the indian companies act, having its head office at delhi and two of its branches ..... , and the relevant observations relied upon are at page 201, where their lordships have stated that 'sections 140 and 141, contract act, prima facie have reference to the simple case of a surety for a single debt for which the creditor holds a security or ..... to paragraph 1049 in 'chitty on contracts' (22nd edition), wherein it is stated that it is a rule of equity that where any act has been done by the obligee that may injure the surety, the court is ready to lay hold of it in favour of the surety ..... that the mills, as pawner, are not entitled to any notice under section 176 of the indian contract act.secondly, the trial court seems to have ignored that, in a pledge, there are only two parties, ..... finds that defendants 1 and 2, who are guarantors, are not entitled to any notice of the sale, in support of that conclusion, it relied upon the provision of section 176 of the indian contract act which deals with the rights of the pawnee where the pawner makes default in payment of the debt. ..... 133 to 135 and 139 and 141, appearing in chapter viii of the indian contract act, state when a surety can be said to be discharged, section 133 states that the surety is discharged when any variance is made without the surety's consent, in the terms of the contract ..... bank obtained a decree on 31st january 1964 against two defendants for a sum .....
Tag this Judgment!Court : Karnataka
Reported in : (1967)IILLJ888Kant
..... , bangalore-16, justified in demanding 15 percent and 20 percent of their annual average earnings as profit-sharing bonus for the years 1964-65 and 1965-66 respectively in addition to the then existing production bonus, in accordance with the payment of bonus act, 1965 (2) if not, what is the amount of profit-sharing bonus the workmen are entitled to ?' 2. ..... in that case, there was an unqualified and absolute prohibition of payment of the bonus to the employees of insurance companies and view of that prohibition, it was held that there is no jurisdiction to the industrial tribunal to go into the question of bonus for the ..... 14 of the constitution, and if so, does it apply to this case (2) whether the payment of bonus act does not affect the pre-existing rights of employees to claim profit-sharing bonus in establishments exempted from the operation of the payment of bonus act (3) whether the labor appellate tribunal formula is applicable to this case and if so, whether it is outside the terms of reference ?' ..... the workmen claimed profit-sharing bonus for the years 1964-65 and 1965-66 at the rate of 15 percent and 20 percent of their average annual earnings in addition to their existing production bonus and the reference is whether that claim is justifiable in accordance with the payment of bonus act and if not, what is the amount of profit-sharing bonus the workmen are ..... other case relied upon by the learned counsel for party 2 is one in workman of hercules insurance company, ltd. .....
Tag this Judgment!Court : Karnataka
Reported in : [1970]40CompCas1154(Kar)
..... facts summarised above-excepting the committee meeting of 6th september, 1967, makes the following previous years : (a) for the termination or setting aside of any agreement or arrangement between the company and the mysore race club o of setting aside any decision of the board of management for the payment of moneys by way of grant or subsidy for the conduct of the mysore ..... two matters, however, which have been the subject of detailed and emphatic arguments before me, are that certain of the directors of the company have had in existing circumstances such interest in the mysore club as to disentitle them from taking part in any decision relevant to the company's association with the mysore club, and that the effectuation of the committee's resolution of september 6, 1967, has resulted in a contravention of the provision of paragraph 4 ..... for more than a decade is a matter of admission, although the petitioner was not a member of the managing committee after the incorporation of the company under the companies act, he was admittedly a person closely associated with both the clubs for a number of years. ..... one to which every one of the individuals, constituting the assoication is a party, that o the extent such person may also occupy the position of member of the bangalore club, the receipt of profits by the mysore club must be regarded as a receipt of profits by every one of such individuals and that such receipt is in direct contravention of paragraph 4 of the memorandum. 53. ..... 1964 .....
Tag this Judgment!Court : Karnataka
Reported in : (1969)ILLJ645Kant; (1968)2MysLJ407
..... 186(1) of the indian companies act, 1930, directing a contributory to pay a debt, suit for the recovery of which had become ..... the enunciation that the delay which could be condoned under the minimum wages act could not exceed the period of limitation prescribed by the limitation act, depended almost entirely upon the decision of the privy council in hansraj ..... in our opinion, the power created by the minimum wages act for the condonation of delay is not controlled by the period of limitation prescribed by the limitation act for a suit, and the authority functioning under the minimum wages act has in its discretion plenary power to condone the delay in the presentation of a ..... 186(1) of the companies act to which the privy council referred, the ..... the indian companies act created a special procedure for recovering monies which are due from a contributory and did not create a new foundation on which a claim for payment could be based, that section could not be allowed to so operate as to deprive a defence based upon the provisions of the limitation act. ..... that the period of limitation within which a claim could be made for the recovery of wages under the minimum wages act is shorter than the period of limitation prescribed for a suit. ..... company ..... 20(2) of the minimum wages act, 1948, which will be referred to as the act, an application for payment of such overtime wages under sub-section (1) of that section could be presented within six months from the date on which the ..... and others [1964 - i .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant332; AIR1968Mys332; ILR1968KAR449
..... act imposes tax at uniform rate on all purchases of sugarcane in the state, and does not discriminate as between purchases of sugarcane in mysore state.if the provisions of the mysore sales tax act levying tax on purchase of sugarcane, are not per se discriminatory, and even if it is assumed for the sake of argument that fixation of maximum selling prices of sugar by the ..... that this law made by parliament occupied the same field which had been occupied by the said provisions of the madras act regulating supply and price of sugarcane, and hence the said provisions of the madras act, being repugnant to those of the essential commodities act, became void on the latter act coming into force.(34) mr. vasantha pai invited our attention to the decision of the supreme court in tika ..... it is admitted that it also laid down the procedure of payment, and the direction was that the draft should be sent to the state bank and it should be drawn on parry and company or any other party which had been appointed as stockist importer on behalf of the madras ..... i.e. without a profit motive will not make a person dealer within the meaning of the act but a person who consumes a commodity bought by him in the course of his trade, or use in manufacturing another ..... dube, : [1964]1scr481 , the supreme court observed that in a transaction of sale of goods which is liable to tax, there must be concurrence of the four elements, namely.i) parties competent to contract; ii) mutual assent; iii) ..... : .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Kant23; AIR1969Mys23; ILR1968KAR492; (1969)1MysLJ461
..... land revenue, forest revenue and excise revenue.we think, the learned special government pleader is right in contending that the scope of the amended schedule to the education act, is wider than that of schedule 'a' to the health cess act, and that under the education act the levy of education cess is not confined to duties of excise only, but extends to items which are not duties of excise but still come within excise ..... of 1967: the respondent is directed to refund the amounts if any, paid by the petitioner subsequent to 18-9-1964 towards education cess on toddy shop rent, tree tax and tree rent for the period 1962-63 to 1966-67.128 ..... respondents are directed to refund the amounts, if any, paid by the petitioner subsequent of 24-6-1964, towards education cess on toddy shop rent for the period 1964-65 to 1966-67.124. w. p. no. ..... amounts, if any, paid by him subsequent to 18-9-1964 leaving it open to him to seek his remedy by way of a suit or other proceedings if he so desires, in respect of payments, if any, made prior to 18-9-1964.120. in w. p. no. ..... of amounts, if any, paid by him subsequent to 24-6-1964, leaving it open to him to seek his remedy by way of suit or other proceedings if he so desires, in respect of amounts paid by him, if any, prior to 24-6-1964.119. in w. p. no. ..... bhailal bhai : [1964]6scr261 that in ..... respondents are directed to refund the amounts if any, paid by the petitioner subsequent to 14-3-1965 towards education cess on tree tax for the year 1964-65.137. w. p. no. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1968KAR1054; (1969)IILLJ460Kant; (1968)2MysLJ541
..... on 30 september 1957, when the mysore state electricity board, which will hereafter be referred to in this judgment as the board, was constituted under the provisions of the electricity supply act, 1948; he became an employee of that board, and, as declared by government by their notification of 20/23 september, 1957, he ceased to be a government servant with effect that date.2. ..... sankari prasad ghosh : [1964]4scr311 , it was explained by the supreme court that a multitude of factors should be taken into consideration in the determination of the question whether a person became the holder of an office of profit under government, and, that although not all those factors need co-exist to produced an office of profit, the relative importance of each one of them must depend upon the circumstances of each case, and, the enunciation emphasizes the importance of the power to control ..... united steel company, ltd. ..... the petitioner, mundevadi was an assistant engineer in the state of bombay before he wa allotted to the new state of mysore under the provisions of the states reorganization act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Kant103; AIR1969Mys103; (1968)2MysLJ410
..... purposes.therefore, in my view, after a careful consideration of the views expressed by various learned authors on muhammedan law and the authorities cited, and after considering the relevant provisions of the mussalman wakf validating act of 1913, a wakf created by a hanafi mussalman even in favour of a mosque making reservation for himself during his lifetime without delivering possession, is perfectly valid wakf and is in accordance with the tenets ..... where the person creating a wakf is a hanafi mussalman also for his own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated: provided that the ultimate benefit in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the mussalman law as a religious, ..... question was whether, according to mohammedan law, an endowment of charitable uses is valid, when qualified by a reservation of rents and profits to the donor himself during his life and the second whether delivery of the property is essential to render an endowment valid, according ..... it in any way and if he does so the beneficiaries and reversioners would be entitled to have the property taken out of his hands and consigned to a mutwalli, to realise the rents and profits and to make over the balance to the wakif after deducting expenses. ..... defendant 1 amir bi and four others against the decree dated january 8, 1964 made by the additional civil judge bangalore, in r. a. .....
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