Court : Karnataka
Reported in : 1965CriLJ565
..... was urged on behalf of the accused that as he was appointed by the government he could be removed only by the government in view of section 16 of the mysore general clauses act, which says:where by any enactment a power to make any appointment is conferred, then, unless a different intention appears, the authority having for the ..... in exhibits p-73, p-79, and p-83 on or before 30.5.1953 is inadmissible in evidence overlooks the provisions contained in sections 14 and 15 of the indian evidence act. the evidence relating to those entries are admissible to show that the false entries or falsification of the accounts said to have been made by ..... the charge period were made wilfully with an intentions to defraud the state. evidence of that character is clearly admissible; under section 15 when the acts in questions form part of series of similar occurrences evidence of similar acts, is admissible to prove the intention or knowledge of the person and to rebut the defence of accident, mistake, or .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant71; AIR1965Mys71; ILR1964KAR555
..... of the 23 persons working on the premises the 9 unpaid apprentices should be excluded from consideration. (4) it is clear from the definition contained in section 2(12) of the act that it does not speak of persons working for wages. it makes every premises on which twenty or more persons are working, a 'factory', provided ..... view taken by the employees' state insurance court was that the respondent was right in its contention that it was not a factory as defined by section 2(12) of the act which reads: 'factory' means any premises including the precincts thereof whereon twenty or more persons are working or were working on any day of the ..... which this demand was resisted by the respondent was that the respondent was not a factory within the meaning of section 2(12) of the act. thereupon the appellant corporation made an application under section 75(2) of the act to the employees' insurance court for a direction that the respondent should make the contribution. the employees' insurance court .....
Tag this Judgment!Court : Karnataka
Reported in : (1965)ILLJ373Kant; (1964)1MysLJ526
..... referred to in that part of the section exist. it is not disputed that those other requirements of the section exist. but what is seriously disputed by sri srikantiah appearing on behalf of the respondent is that the unpaid apprentices are persons working ..... working on the premises the 9 unpaid apprentices should be excluded from consideration. 7. it is clear from the definition contained in s. 2(12) of the act that it does not speak of persons working for wages. it makes every premises on which twenty or more persons are working, a factory, provided the other conditions ..... the employees' state insurance court was that the respondent was right in its contention that it was not a factory as defined by s. 2(12) of the act which reads : ''factory' means any premises including the precincts thereof whereon twenty or more persons are working or were working on any day of the preceding twelve months .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant214; AIR1965Mys214; 1965CriLJ225; ILR1964KAR1046; (1964)2MysLJ300
..... issued. so long as the magistrate had jurisdiction to issue the warrant and he issued it, the warrant was a lawful warrant within the meaning of section 1 of the judicial officers' protection act. the defendant who was directed to make a search by that warrant by a magistrate who had the jurisdiction to direct such search, was bound ..... employed by the district judge in coming to a similar conclusion although the district judge did not very clearly focus his attention on the provisions of section 1 of the judicial officers' protection act.(45) but, it is clear that it is not possible for mr. bhagavan to say that any mistake committed by the magistrate in the manner ..... bhagavan contended that even so, the warrant issued by him in the present case cannot be considered to be a lawful warrant within the meaning of section 1 of the judicial officers' protection act. in support of this submission, we were asked to say that the magistrate did not state in the order by which he directed the search to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant189; AIR1966Mys189
..... another bench of the same high court in nathuni missir v. mt. ratna kuer, : air1963pat337 wherein it has been observed that the opening words of section 8 of the hindu succession act, viz., 'the property of a male hindu dying inter state shall devolve according to the provisions of this chapter' indicate that the rules contained in ..... is expressed in language which is fairly capable of either interpretation, it ought to be construed as prospective only.'from this point of view also section 8 of the hindu succession act, 1956 should apply only in cases of death occurring subsequent to the enactment.(14) i am fortified in this view by the decisions of several ..... devolution on actual death.(11) on the basis of the words 'after the commencement of this act' used in section 6 (after) and section 14(beforeor after) section 22 (after) and section 26, (before or after) it is contended that the other sections should be construed to have reference to a point of time anterior to the commencement of the .....
Tag this Judgment!Court : Karnataka
Reported in : 1965CriLJ293
..... he alleged that the warrant of attachment issued by the magistrate was without jurisdiction and in violation of the provisions of section 60 of the code of civil procedure and the payment of wages act. the learned magistrate, who heard the arguments advanced on behalf of the first respondent, rejected his application. he held ..... and different from that given in the general clauses act where moveable property means property of every description except immoveable property. it appears to us that for purposes of the penal code moveable property meant tangible corporeal property which could be perceived and seized.further as section 386 cr. p. c. provides two separate ..... that the provisions of the code of civil procedure were not applicable to proceedings under section 488 of the code of criminal procedure or recovery .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant124; AIR1965Mys124
..... that both the plaintiff's picota and the oil engine cannot be worked simultaneously and at the same time. therefore, neither the provisions of section 22 nor of section 28 of the easements act can be helpful to the plaintiff. hence, the first contention advanced on behalf of the appellant is not sustainable.it has been emphasised on ..... a deprivation of right of property to the plaintiff but would also amount to allowing the defendants to commit wrongful act of trespass. reliance was placed by the learned counsel on sections 22 and 28 of the easements act.mr. karanth, the learned advocate for defendants 1 and 2 argued that the right which had been granted by ..... on the servient tenement. in other words, he would be entitled under section 24 of the indian easements act to do in the servient tenement all acts necessary to secure the full enjoyment of the easements, subject to the limitation indicated in that section, and such acts, on the part of the defendants, the dominant owners cannot be said .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Kant65; AIR1967Mys65
..... the lower appellate court agreed with this reasoning although it did not expressly endorse the opinion of the munsiff in the above sentence extracted from his judgment. 14. under section 35-a the code of civil procedure, compensatory costs are to be awarded if the court finds the claim or defence to be false or vexatious, and they are intended ..... this lease 9. the lower appellate court has applied the principle stated by a full bench of the madras high court in the case reported in venkatagopal v. rangappa, (1884) ilr 7 mad 365(fb), viz, that payment of rent in a certain form for a number of years is not only presumptive evidence of the existence of a ..... ex. b-l was issued to the defendant's grandfather venkappaiah, the probabilities are that the vibhava year mentioned therein might be 1888-69 by which time the registration act had been brought into force but i do not think the plaintiff's case that the said document is a compulsorily registrable one is readily acceptable or is entirely .....
Tag this Judgment!Court : Karnataka
Reported in : (1964)1MysLJ510; [1964]15STC894(Kar)
..... of those provisions, the right claimed by the government can be upheld. to pronounce on that question it is necessary to examine the relevant provisions in the act. 6. the definition of 'dealer' in section 2(k) to the extent it is relevant for our present purpose is as follows :- ''dealer' means any person who carries on the business of ..... arrack from the state government. the state government is levying tax on its sales of arrack to the petitioner under the proviso to section 5(3)(a) of the act, and is collecting the same under section 19. the question is whether the government has no authority to do so 4. the contention of the petitioner is that the state ..... of two per cent. of such turnover.' 9. the proviso to that section as well as sub-section (2) of section 5 are not relevant for our present purpose. then we come to sub-section (3) of section 5, which reads : 'notwithstanding anything contained in sub-section (1), the tax under this act shall be levied - (a) in the case of the sale of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant47; AIR1965Mys47
..... to have been allotted to serve in connection with the affairs of the state of mysore in pursuance of section 115 of the state reorganisation act, 1956. the seniority of such persons shall be as determined in accordance with the provisions of the said section and the orders issued in pursuance thereof.'we think, the contention advanced on behalf of some of the .....
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