Court : Karnataka
Reported in : AIR1966Kant178; AIR1966Mys178
..... the appeal, set aside the order made by the lower court and grant a decree dissolving the marriage of the appellant with the respondent under sub-section 2(i) of section 13 of the hindu marriages act of 1955, and make a further direction that the respondent do pay to the appellant from to-day 13-1-1965 till her death or ..... related to or must be read in connection with one of the principal points in the policy of the statute, viz., the enforcement of the principle of monogamy. section 5 of the act sets out one of the conditions for a valid marriage to be that neither party should have a spouse living at the time of the marriage. under s. ..... it can be contended that such or similar consideration are not available in the case of a wife seeking divorce on the ground set out in sub-section (2) of section 13 of the hindu marriages act as in this case. further, the normal considerations applicable in cases where the existence of jurisdiction in a court is in question are generally those which .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant1; AIR1966Mys1; ILR1965KAR211; (1965)1MysLJ329
..... his advice because the question whether a petition under any of the sections of the hindu marriage act can be dismissed under rule 8 of order ix of the code of civil procedure is itself a matter for some doubt.(5) whether or not ..... made to this preliminary objection by mr. tarakaram on behalf of the appellant is that the order of the lower court is clearly appealable under section 28 of the hindu marriage act and that the application under rule 9 of order ix of the code was presented to the lower court after the presentation of this appeal on ..... out by this court in dhulappa v. krishnabai, air 1962 mysore 172, appealability of orders made under the hindu marriage act is provided for in section 28 of the act which divides adjudications or determination under the said act into two categories--decrees and orders,--although according to the definitions contained in the code of civil procedure all such determinations .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1965KAR282; (1965)1MysLJ392
..... objections within the time prescribed. the central government being prescribed as the exclusive authority for integration of services under s. 115 of the states reorganization act the provisional inter-state seniority list prepared by respondent 1 along with the several objections filed by the government servants who were dissatisfied with it had ..... . decisions on those representations could only be taken by the central government in consultation with the advisory committee under s. 115 of the states reorganization act. admittedly respondent 2 and many other government servants who were aggrieved by the equation of posts and fixation of their seniority in the inter-state seniority ..... such right to effect a correction in respect of a particular government servant and observed as follows : 'the published list, as already stated, is an act of the state amounting to a comprehensive decision tentative though it be as to relative seniority of a certain class or category of its servants. if .....
Tag this Judgment!Court : Karnataka
Reported in : 1966CriLJ672
..... acquitted. if the prosecution has not established that accused 1 used the gun (m. o. 1) in the manner stated by the prosecution, the charge under section 27, of the arms act, 1959 must also fail.55. in the result, this appeal is allowed, the conviction of the appellants and the sentences awarded to them are set aside. ..... conviction and sentence passed on them. both of them were convicted for an offence punishable under section 307, i.p.c. and sentenced to rigorous imprisonment for three years. accused 1 was also convicted for an offence under section 27 of the arms act 1959 and was sentenced to rigorous imprisonment for one year. but this sentence was directed ..... to run concurrently with the sentence for the offence under section 307, i.p.c.2. the case against the accused was that both .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1965KAR513; (1969)IILLJ345Kant; (1965)2MysLJ490
..... (4) respondent erred in relying on the tainted evidence of sri narayanaswami who was an accused along with him in the said departmental enquiry; and (5) respondent acted illegally in brushing aside the considered opinion and the recommendation of the public service commission. 4. with regard to the first contention, i.e., refusal of permission ..... ground. the point raised by sri subbannachar that refusal of permission to engage a counsel to defend the delinquent is denial of reasonable opportunity as contemplated by act. 311(2) of the constitution has been negative by four subsequent division bench decisions of this court. in vijayacharya hosur v. state of mysore (writ petition ..... in the writ petition, he has, for the first time, taken these points. 14. coming to the fifth and the last point that the respondent acted illegally in brushing aside the opinion of the public service commission, it may mentioned that it is well-settled that even consultation with the public service commission as .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant220; AIR1966Mys220; [1966(12)FLR183]
..... authority so that he may have a right of appeal. the position may be compared to the well known situation under the c.p.c. under the 24th section of which the high court or the district court may at any time withdraw a suit or appeal to its own file and dispose of it which may involve ..... it is only in the writ petition, he has, for the first time, taken these points.(10) coming to the 5th and the last point that the respondent acted illegally in bruising aside the opinion of the public service commission. it may be mentioned that it is well settled that even consultation with the public service commission as laid ..... petitioner. (4) respondent erred in relying on the tainted evidence of shri narayanaswamy who was an accused along with him in the said departmental enquiry; and (5) respondent acted illegally in brushing aside the considered opinion and the recommendation of the public service commission.(4) with regard to the first contention i.e. refusal of permission for the petitioner .....
Tag this Judgment!Court : Karnataka
Reported in : [1965]16STC894(Kar)
..... on the part of the confiscating officer corrected by a superior officer. 75. we may now examine whether there is any reasonable likelihood at all of the section being acted upon in the just and reasonable way indicated by the learned advocate-general in the course of his arguments. it is no doubt true that the mere ..... of the impugned restrictive law should be examined from the point of view of reasonableness. in hamdard dawakhana v. the union of india : 1960crilj671 , a section of the act impugned therein providing for seizure and confiscation of certain articles was struck down as amounting to an unreasonable restriction on fundamental rights for the reason that there were ..... inter-state trade excluded from the purview of entry 54 of the state list and in respect of goods which are exempted from the tax under the act itself, the section must be held to trench upon a legislative field outside the competence of the state legislative and to levy a tax or penalty not lawfully exigible .....
Tag this Judgment!Court : Karnataka
Reported in : (1965)IILLJ307Kant; (1965)1MysLJ749
..... to consider the several contentions raised by sri. k. s. srinivasa ayyar, we feel that it is necessary to set out the necessary provisions of the minimum wages act, 1948. section 20 of the act reads as follows : '20. (1) the appropriate government may, by notification in the official gazette, appoint (any commissioner for workmen's compensation or any officer ..... are not to be treated as wages and the payment of remuneration in respect of days of rest is not one of the items so excluded. section 13 of the act enables the appropriate government to provide for a day of rest in every period of seven days which shall be allowed to all employees or to any ..... if any, as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this act, direct ...' the other sub-sections are not necessary for our purpose. section 13 of the act reads as follows : '13. (1) in regard to any scheduled employment minimum rates of wages in respect of which have been .....
Tag this Judgment!Court : Karnataka
Reported in : 1966CriLJ1155
..... . it is now a firmly settled principle that even in the case of a witness who has been permitted to be cross-examined under section 145 (sic. section 154?) of the evidence act, the court can depend upon that part of the testimony given by the witness which appears to be truthful evidence, there being no principle ..... whose cross-examination their attention was not called to their previous statements, we should say that there has been sufficient compliance with the provisions of section 145 of the evidence act, since p.w. 22 the sub-inspector did give evidence as to what those witnesses stated before the police. i do not find it ..... that notwithstanding many authoritative elucidations made in regard to the procedure to be adopted when a witness is confronted with his previous statement in cross-examination under section 145 of the evidence act, the cross-examination of the prosecution witnesses was conducted in this inadequate and unsatisfactory manner.17. in tahsildar singh v. state of u.p. .....
Tag this Judgment!Court : Karnataka
Reported in : (1965)IILLJ41Kant; (1965)1MysLJ687
..... although his service was ostensibly terminated on the ground of ill health, that is not what is possible in the limited enquiry authorized by the payment of wages act. 11. these revision petitions, therefore, succeed. i allow them and set aside the order made by the authority and which was affirmed by the appellate ..... of the employees in this way, there were applications made by each of them to the authority functioning under s. 15 of the payment of wages act for the payment of retrenchment compensation. the company resisted those applications on the ground that retrenchment compensation was not payable to any workman whose service had ..... payment of retrenchment compensation climbable under s. 25f of the industrial disputes act could be made s. 15 of the payment of wages act. section 2(oo) of the industrial disputes act which is relevant when a claim for retrenchment compensation is made under the payment of wages act, defines 'retrenchment' in the following way : ''retrenchment' means the .....
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