Court : Karnataka
Reported in : [1966(12)FLR55]; (1966)ILLJ838Kant; (1965)2MysLJ376
..... of an execution proceeding and hence the labour court can only determine a claim for retrenchment compensation if the factum of retrenchment is admitted or undisputed. is this contention correct section 33c(2) says : 'where any workman is entitled to receive from the employer any benefit which is capable of being computed in terms of money, the amount ..... must be held to be incidental to the main determination which has been assigned to the labour court by sub-section (2). as maxwell has observed : 'where an act confers a jurisdiction, it impliedly also grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution.' we must accordingly hold that s. 33c( ..... assigned to the commissioner includes only a part of the assignment of the labour court under sub-section (2).' 9. but, it was made clear in the course of the judgment that in dealing with a case under s. 33c(2) of the act it must be borne in mind that cases which fall within s. 10(1) of the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Kant104; AIR1967Mys104
..... shares and further that on the relevant date, he was not an agriculturist. aggrieved by that order, he went up in appeal to the revenue appellate tribunal, under section 56 of the 1925 act. the tribunal allowed that appeal and directed the petitioner-society to allot him additional shares of the value of rs. 150. the question for consideration is whether the ..... 30-10-1954, the directors of the petitioner-society refused to allot him the shares asked for. aggrieved by that order, the respondent raised a dispute under section 54 of the bombay cooperative societies act 1925. that dispute was referred to an arbitrator. the arbitrator dismissed his suit holding that he had failed to make a written application for the allotment of .....
Tag this Judgment!Court : Karnataka
Reported in : [1965(11)FLR247]; (1966)ILLJ826Kant; (1965)2MysLJ442
..... if the commissioner's finding that there was permanent total disablement is correct, it is not disputed that the compensation awarded by him was properly determined. 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 ..... whether the disablement was total or partial, as is clear from sub-secs. (1) and (2) of s. 10. sub-section (1) enjoins notice of the accident in the manner provided by the act. sub-section (2) prescribes the manner in which that notice shall be given. what it provides is that every such notice shall give the name ..... to 60 per cent of rs. 3,360. 7. now 'partial disablement' is defined by s. 2(1)(g) of the act whole 'total disablement' is explained in the definition contained in clause (l) of that sub-section. clause (g) reads : ''partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Mys11; 1967CriLJ216; (1966)1MysLJ576
..... . but since p. w 6 who is padmanabha's mother gave evidence that she was the mother of her son and since as provided by section 8 of the hindu succession act read with section 17. the mother who is in class i is the sole legal representative of padmanabha to the exclusion of claimants 2, 3 and 4 who ..... to who should pay this amount to the first claimant seethamma. at one stage, it was suggested by the respondents that a claim for compensation under section 110-a of the motor vehicles act could not lie against the driver of the motor vehicle. that was also the contention which was raised on behalf of respondent i, but, respondent 1 ..... on november 2, 1963. four persons claiming themselves to be the legal representatives of padmanabha made a claim before the motor accidents claims tribunal, mangalore constituted under section 110 of the motor vehicles act, for an award that they should be paid a sum of rs. 5,000/- as compensation by the four respondents. it was slated in that application .....
Tag this Judgment!Court : Karnataka
Reported in : (1965)2MysLJ620; [1966]17STC161(Kar)
..... maroti oil by oversight under the belief that they were also included in his certificate of registration. the tribunal rejected that contention as having no merit. section 10(b) of the act says : 'if any person, being a registered dealer, falsely represents when purchasing any class of goods that goods of such class are covered by his ..... principle and on authority, we think that the interpretation sought to be placed by the learned counsel for the petitioners on the expression 'falsely represents' in section 10(b) of the act, appears to be correct. but then, we have to see what exactly are the facts found in each of these cases. 12. an mentioned earlier, ..... representations in the past is not a relevant circumstance. 15. another contention advanced by mr. krishna murthy was that before imposing penalty under section 10-a, the authorities under the act should have first come to the conclusion that the sales in question were exigible to tax under the sales tax laws prevailing in the state .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant304; AIR1966Mys304
..... at fixed periods for use of or entry into the land.'in view of these definitions the special assessment mentioned in r. 71 must be considered as 'land revenue'. section 50 of the 'act' provides that land revenue shall be assessed according to the various modes of use, namely, (a)agricultural use, and (b) in addition to agricultural use any other ..... present occupants are in possession of the lands.'the levy in question was made under r.71 referred to earlier.(9) the petitioner's contentions are:(1) section 172(2)(e) of the 'act' on the basis of which rule 71 had been framed, amounts to excessive delegation of legislative power and therefore it is ultra vires of art. 245 of ..... not make any provision for levy of special assessment.(13) in our opinion, the petitioners can seek no support from s.48 of the 'act'. that section reads:'all lands, whether applied to agricultural or any other purpose and wherever situate shall be liable to payment of land revenue to the government in accordance with the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Kant150; AIR1967Mys150; (1966)1MysLJ12
..... when it lies satisfied all the requirements prescribed by law in regard to the levy of such tax. the competence given to the panchayat, under subsection (4) of section 73 of' the act to levy these discretionary taxes and fees, is unqualified or unregulated. as is clear from the said subsection (4) that levy should be 'minimum such manner ...... as ..... the taxes and fees rules.we now proceed to deal with each of the above contentions.3. so far as the first contention regarding the validity of section 73(4) of the act is concerned, the learned advocate for the petitioner did not press this contention, in view of the decision of the supreme court in y.v. srinivasa ..... of determining the rate of taxes, which, according to the learned advocate for the petitioner, has been exclusively vested in the panchayat under subsection (4) of section 73 of the act. the legality of the resolution dated 13-12-1960 has been questioned on the ground that it authorises the levy of the tax to be effective as from .....
Tag this Judgment!Court : Karnataka
Reported in : 1966CriLJ483
..... sentenced to rigorous imprisonment for three months and acquittal of the other accused. in respect of the 5th charge, accused was 0convicted of an offence punishable under section 27 of the arms act and was sentenced to rigorous imprisonment for one year. these are the convictions which are questioned in this appeal.5. there can be very little doubt that ..... that was how, according to p. w. 6, yellappa was shot, the injury observed by p, w. 11 on yallappa could not be the injury caused by the explosion of a run in such close proximity. mr. havanur in support of this submission depended upon the opinion of the ballistic expert p. w. 12 who stated that he could ..... violated the conditions of his license when he used his gun against yellappa. very strangely, the charge against him was that he committed an offence punishable under section 27 of the arms act which does not speak of any violation of the condition of the gun license but only speaks of being in possession of a gun for unlawful purposes. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant323; AIR1966Mys323; (1966)1MysLJ21
..... article sets out the amounts of duty payable where the value of the claim does not exceed rs. 1000 and where it exceeds that sum).(19) section 24 of the act relates to certain instrument connected with mortgages of marketable securities and has no bearing on the present question.(20) the use of any particular words like ..... ' the full bench of this court held that these two intended to be achieved by those deeds was to divide the joint family property.(20a) section 46 of the indian partnership act provides that on the dissolution of a firm every partner or his representative is entitled, as against all the other partners or their representatives, to ..... bond, mortgage-deed, policy of insurance and trust properties and it not relevant for the present purpose.(17) the term 'conveyance' is defined by section 2(1)(d) of the act as follows:--'conveyance' includes a conveyance on sale and every instrument by which property, whether moveable or immoveable is transferred inter vivos and which is not .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Kant1; AIR1967Mys1
..... that this view of respondent 2 is patently erroneous having regard to the definition of the expression 'existing rice mill' and 'milling operations' contained in that act. clause (d) of section 3 defines 'milling rice' thus:'milling rice, with its grammatical variations, means recovering rice or any produce thereof from paddy with the aid of power.' the ..... revocation of the licence ordered by the respondent 2 is based on an erroneous interpretation of the definition of the expression 'milling rice' contained in section 3 (d) of the act, and that the said error is patent on the record, and consequently the order of revocation of licence is liable to be quashed by the ..... on his application to the deputy commissioner of smith kanara (respondent 2) for grant of a rice mill licence under section 6 of the rice milling industry (regulation) act, 1958 (central act 21 of 1958) hereinafter wiled the 'the act' a licence being licence no. 151 of 1963 was granted on 15-8-1963. on 6-6-1964, respondent .....
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