Court : Karnataka
Reported in : AIR1965Kant286; AIR1965Mys286; (1965)1MysLJ206
..... sri malimath, learned counsel for petitioner, has contended that the 3rd respondent in each of these writ petitions, was not competent to file any appeal under section 64(1)(f) of the act because he had not filed any valid representation opposing the grant of permit to the petitioner before the regional transport authority, bangalore. ..... the first respondent, by its order dated 10-7-1964 overruled the said objection of the petitioner and held that the said appeals are maintainable ..... the petitioner has further prayed for a writ in the nature of certiorari or any other order or direction quashing the order of the first respondent dated 10-7-1964 passed in the said appeals referred to before. ..... the tribunal by its order dated 10-7-1964 not only in a way negatived that contention but has proceeded to pass an interim order which it could have done only if it had jurisdiction to entertain the appeals ..... 415 and 420 of 1964, impugned in these petitions, by issuing a writ of certiorari ..... 415 and 420 of 1964 before the first respondent--mysore state transport appellate tribunal, bangalore, and obtained an order of stay ..... 415 and 420 of 1964 pending on its file. ..... also quash its order dated 10-7-1964 in appeals nos. ..... and 420 of 1964 on its file. ..... sundar reported in 1964(2) mys lj 113 ..... on 24-6-1964, the regional transport authority, bangalore, ordered the grant of permit to the petitioner and the petitioner commenced the service of the said route from 1-7-1964 in accordance with the conditions of the permit .....
Tag this Judgment!Court : Karnataka
Reported in : [1965]58ITR38(KAR); [1965]58ITR38(Karn)
..... order, i should mention here that there appears to be considerable strength in the argument of the learned advocate for the respondent that the finance act of 1964 is a piece of policy legislation, and therefore the contents in the replaced section may be taken into consideration, and, since the provision contained in the old section 80 of the estate duty act has been removed by the new section, the court may resort to the provision of the new section. ..... section 80 of the estate duty act, as it stood prior to its amendment by the finance act of 1964, provided for reference to section 54 of the indian income-tax act, 1922, corresponding with sections 137 and 280 of the indian income-tax act, 1961, for the protection of the assessees against the disclosure of their own financial matters and public servants were prohibited from disclosing particulars contained in any accounts or statements filed by accountable persons or any document, ..... the learned advocate for the respondent argued that though the finance act, 1964, has come into force on the 1st of april, 1964, and the order in revision had been made prior to that date, nevertheless, the subsequent event should be taken into consideration when interfering with the order of the lower court, even if the case of the petitioner falls within the purview of the repealed section 80 of the estate duty act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant115; AIR1966Mys115
..... 367 of 1947 as yejamanthi of aliyasanthana family of which the appellants and respondent were members; that decree was for possession and mesne profits to be realised from the present judgment-debtors; thereafter, there was a partition suit among the members of the aliyasanthana family and a final decree for partition came to be passed on 14-9-1954; the present respondent claiming as heir to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Mys71; 1966CriLJ267; (1965)1MysLJ365
..... (3) fearing that they might be arrested by the police, the respondents appeard before the firs class magistrate, bhalki, on 20-3-1964 and made an application praying that they might be released on bail. ..... (2) the tahsildar, bhalki, lodged a complaint on 23-1-1964 with the police at dhanura that while the patwari of malchapur was collecting revenue, the respondents before this court, abused the patwari and assaulted him with shoes and thereby obstructed the public ..... 20/6 of 1964 before the sessions judge, bidar. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1965KAR537; [1965]58ITR232(KAR); [1965]58ITR232(Karn); (1965)2MysLJ505
..... of the wealth-tax act, 1957, to be hereinafter referred to as the 'act', provides that subject to the other provisions contained in the 'act', there shall be charged for every financial year commencing on and from the first day of april 1957, wealth-tax in respect of the net wealth on the corresponding valuation date of every individual, hindu undivided family and company at the rate or rates specified ..... the wealth-tax officer rejected the assessee's contention that section 4 of the wealth-tax act of 1957 was attracted only to cases of transfer after april 1, 1956, by an individual and not by a ..... to the tribunal and contended as before the income-tax officer and the appellate assistant commissioner that section 4 of the wealth-tax act applying as it did to individuals only, could have no application to a hindu undivided family. ..... law that a father has special powers over the movable properties for indispensable acts of duty and over immovable properties for pious purposes. ..... gifts is embodied in chapter vii of the transfer of property act, which chapter includes sections 122 to 129. ..... since indispensable acts of duty mean and include pious purposes, a father has no larger power over movable properties than over immovable properties except in the matter of gifts through affection, in spite of the difference in the terminology ..... nucleus of joint family funds were utilised by the karta for making the above investments or acquiring shares, section 4 of the wealth-tax act is clearly attracted. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant55; AIR1966Mys55; (1965)1MysLJ488
..... was further urged on its behalf, that the corporation like any other transport operator can apply for a permit under provisions of the 'act'; the power conferred on it under section 20 of the road transport corporation act, 1950, is an additional power, therefore, the present case does not fall within the rule laid down by the privy council in ..... file of the regional transport authority, bangalore (respondent-1) and quash the order passed on or about 30-4-1964, despatched to the petitioner on 8-5-1964 and received by him on 11-5-1964, and pass such other and further orders as may be deemed appropriate in the circumstances of the case ..... , initially he prayed for a writ of prohibition or other suitable writ or order in the nature of a writ, prohibiting the regional transport authority, bangalore (first respondent) from implementing its decision announced on 16-4-1964, granting a stage carriage permit to the mysore state road transport corporation (second respondent) on the route from bangalore to tirupathi. ..... were present at its meeting held on 16-4-1964, the tribunal was not properly constituted and therefore its proceedings of that date's meeting are without legal effect; those proceedings should be considered as non-est; hence it is a fit case ..... were present at the meeting held on 16-4-1964, the tribunal was not properly constituted and hence it was not competent to deal with the subjects before it; (2) the second respondent was not competent to apply for the permit in question as .....
Tag this Judgment!Court : Karnataka
Reported in : [1966]36CompCas562(Kar); (1965)2MysLJ169
..... is competent to stay the operation of the order under appeal and not a single judge; the learned counsel argued that only a higher court, which is company appeals is the bench of two judges, that is competent to order the stay of the order under appeal and the learned company judge sitting on the original side of th e high court is not a court lower to the single judge hearing interlocutory matter in appeals; further, as ..... he urged that if a single judge is to make an order of stay or reject an application for stay, in a company appeal, such an order is open to further appeal under section 483, and, in such an appeal, if an order of stay were to be made by a single judge, that order is again open to appeal and thus there will be an endless number of appeals, and therefore, the act has to be construed in a manner as to avoid such endless appeals by holding that it is only a bench that ..... an appeal from a judgment, decree, order or sentence passed by a single judge in the exercise of the original jurisdiction of the high court under the act or under any law for the time being in force, shall lie to and be heard by a bench consisting of two other judges of the high ..... whether by virtue of the powers conferred by section 9 of the act, a single judge has jurisdiction to stay the operation of the order of the learned company judge, when the appeal against the said order has to be heard only by a bench consisting of two other judges ..... 85 of 1964 by the hon'ble the company judge, pending .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Mys194; 1966CriLJ917; (1965)2MysLJ498
..... of suseela, that suseela along with the other woman accused was in the habit of displaying her person fancifully attired and was indulging in acts of solicitation when persons were walking on the road, clearly excludes the possibility of the sexual intercourse between suseela and nabi being anything other ..... those words 'instead of sentencing them at once' are to be found only in the code of criminal procedure and not in section 10(1)(a) of the act, it is obvious that the release on probation of good conduct should be made in the manner provided in sub-section (1) of section 562 of the ..... that when they came out when they were asked to do so, there were many circumstances which indicated that an act of sexual intercourse had been performed by nabi with suseela and that suseela had allowed him to do so for monetary ..... it was said that on august 27, 1962 keshav gave information to the superintendent of police that an act of prostitution was going on in that house and that when the police party arrived there they found suseela (accused 1) and nabi (accused 2) inside a room in that house having ..... (6) section 7(1) under the provisions of which suseela and nabi were prosecuted prohibits an act of prostitution within a distance of 200 yards from any plea of public religious workship, educational institution, hotel, hospital, nursing home or such other place as may be notified in ..... as long ago as in august 1962 and the wrong order of acquittal was made by the district magistrate in january 1964. .....
Tag this Judgment!Court : Karnataka
Reported in : [1965(11)FLR247]; (1966)ILLJ826Kant; (1965)2MysLJ442
..... 7 march, 1961 usman khan who is the respondent before us sustained injuries when he was driving a truck belonging to the canara public conveyance company, ltd. ..... it is clear that the loss of the use of the hand which was the consequence of the accident is for the purposes of the act the loss of the hand itself. ..... to the workmen's compensation act, 1906, earl loreburn, l.c ..... 10(1) of the workmen's compensation act, usman khan gave notice of the accident to his employer in which there was also a demand for the payment of ..... section 4 of the act directs that where there is permanent total disablement resulting from an injury and the injured workmen has been in receipt of monthly wages falling within limits shown in ..... to the workmen's compensation act which will be referred to as the act. ..... i to the act, it should be observed that that argument is founded upon the concluding part of the definition in ..... 10(1) of the act, to describe the exact nature of the disablement, since it was not necessary for him to say in that notice whether the disablement was total or partial, as is clear from sub ..... i to the act, the loss of a hand must be deemed to result only in permanent partial disablement as provided by the definition in clause (g) ..... 30 of the act which lies only of the appeal involves a substantial question of law. ..... 2(1)(g) of the act whole 'total disablement' is explained in the definition contained in clause (l) of that sub ..... section (1) enjoins notice of the accident in the manner provided by the act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant299; AIR1966Mys299; (1965)2MysLJ692
..... a price paid or promised or part-paid and part-promised, and section 55(4)(a) provides 'the seller is entitled--to the rents and profits of the property till the ownership thereof passed to the buyer' the conjoint effect of section 54 and section 55(4)(a) of the transfer of property act is that the seller is entitled to rents and profits of the property till the ownership thereof passes to the buyer and until the conveyance is executed in favour of the buyer, he ..... court on 22-3-1957, and that the ownership of the suit property passed to her on that date, namely the date of deposit of the amount on 22-3-1957, and therefore, she is entitled to recover the rent and profit of the suit property from defendant 1 from the date on which she deposited the amount, and that the plaintiff is not entitled to recover the same. ..... 'on appeal by defendant 2, the lower appellate court upheld the decision of the trial court.the lower appellate judge was of the view that provision of section 55(4)(a) of the transfer of property act was applicable to the case, that the title and the ownership passed with the execution of a registered sale deed, and that the defendant 2 was not entitled to the rental of the ..... the plaintiff pleaded that he, as a receiver is entitled to collect the proportionate rent and the profits of the suit survey number, under the law from the period commencing from 1-4-1957 up to 23-11-1957, namely, the date of the execution of the sale deed ..... hussain 1964(1) mys lj 236: (air 1964 mys .....
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