Court : Karnataka
Reported in : AIR1963Mys147
ORDERA.R. Somnath Iyer, J.1. This revision petition is directed against an order made by the District Judge of Bellary, under the provisions of Rule 8 or Order XXXVIII of the Code of Civil Procedure, in the following circumstances :2. The petitioner in this revision petition brought a suit against respondent 2 in the Court of fits Subordinate Judge of Kurnool, for the recovery of Rs. 5811-72 nP., and obtained from that Court an order for the attachment of a lorry which according to him, belonged to respondent 2. The Subordinate Judge, Kurnool, made an order far the attachment of the lorry and since the lorry was in the local limits of the jurisdiction of the District Judge of Bellary, the order of attachment was sent to the District Court of Bellary, for execution. The District Court caused the attachment to be made under the provisions of Section 136 of the Code of Civil Procedure. Thereupon, respondent 1 in this revision petition claiming to be the owner of the lorry, made an applica...
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys153; (1963)1MysLJ22
..... lordships of the supreme court decided in that case, as to whether, in view of the functions and powers entrusted to the returning officer under the representation of the people act he was a court. their lordships stated farther as follows :'the statutory provision bearing on this matter is section 36. under section 36 (2), the returning officer has ..... ' may mean the revenue divisional officer, in the circumstances referred to in clause (c) of sub-section (3), no provision has been pointed out to us in the act, by virtue of which the tahsildar while functioning for the purposes of section 3-a, can be said to function as a court. in the case of virindar kumar satyawadi ..... strength of the 'soda chit', was functioning as a court, under the provisions of section 3-a of the madras cultivating tenants protection act, 1955. the said section 3-a was inserted in that act, by the mysore act no. 15 of 1957 and reads as follows :'3-a. surrender by cultivating tenants :(1) a cultivating tenant may at any .....
Tag this Judgment!Court : Karnataka
Reported in : 1966CriLJ1168
..... this court in siddappa v. state of mysore 1965(2) mys. lj 326, in which it has been laid down that section 8 of the mysore children act, 1961 confers on a magistrate presiding over the juvenile court exclusive jurisdiction to try a juvenile offender though charged with the offence of murder. mr. malimath has submitted that ..... code of criminal procedure. the three children in criminal revision case no. 22 of 1965 are charged with an offence punishable under section 127 of the indian railways act which is punishable with imprisonment for life, while the two children in criminal revision case no. 23 of 1965 have been charged with an offence punishable under section ..... can make in deciding upon the measures for the care arid protection of neglected children. sec-59 and some other sections contained in chapter vii of the act also provide for certain enquiries being made by a competent court in regard to juvenile offenders before passing the various kinds of orders mentioned therein. since the .....
Tag this Judgment!Court : Karnataka
Reported in : 1967CriLJ1435
..... the judicial magistrate, i glass, belgaum taluka, requesting him to grant permission to investigate the offence of acceptance of bribers per section 6 of the prevention of corruption act and the learned magistrate, by his order, exhibit 183.k, granted the requisite permission.7. thereafter, a charge-sheet was filed against the accused as mentioned ..... reiterated by the supreme court, in munnalal v. state of uttar pradesh : 1964crilj11 . their lordships have held that section 5-a of the prevention of corruption act is mandatory and not directory and as investigation conducted in violation thereof is illegal. if however there was irregular investigation and section 5a was not complied with in ..... santhosh, j.1. the appellant dattatray gangadhar bamant in criminal appeal no. 331 of 196s was the first accused in special case no. 5 of 1961 on the tile of the special judge, belgaum. he and the second accused kashinath krishna bapat were charged with having committed offences under section 161 of .....
Tag this Judgment!Court : Karnataka
Reported in : 1971CriLJ1352
..... against him.3. sri mandagi, the learned counsel appearing on behalf of the petitioner has not challenged the conviction of the petitioner under section 135 (b) (ii) of the customs act, 1962. he has challenged the correctness of the conviction of the petitioner for the offence of contravening rule 126-p (2) (ii) of the rules.the contention of sri mandgi ..... to undergo imprisonment for six months and to pay a fine of rs. 500/-. he has further been convicted for an offence under section 135(b) (ii) of the customs act, 1962, and sentenced to pay a fine of rs. 500/- in default to undergo simple imprisonment for 90 days. the appeal filed by the petitioner against the said conviction and .....
Tag this Judgment!Court : Karnataka
Reported in : 1972CriLJ1665
..... be except where arrangement outside the vehicle for the issue of ticket in advance has been made. contravention of this provision is punishable under section 112 of the motor vehicles act. it is therefore clear from this rule that the conductor while on duty. shall issue to every passenger travelling or intending to travel in the stage carriage a ticket on .....
Tag this Judgment!Court : Karnataka
Reported in : 1972CriLJ1711
ORDERM. Santosh, J.1. This is a reference under Section 438. Criminal Procedure Code made by the learned Sessions Judge of North Kanara. Proceedings were initiated under Section 133. Criminal Procedure Code against the respondent on a report received from the Police of Karwar. The learned Sub Divisional Magistrate made a conditional order dated 10-8-1971 directing the respondent to remove the public nuisance and stop the user of the latrine or to appear before the Court on 18-8-1971 and show cause against the said order. After the conditional order was served on the respondent, the respondent appeared before the Court and filed his objections denying the charges levelled against him. Thereafter; the learned Magistrate inspected the spot on 26-8-1971 and made the conditional order absolute under Section 137 (3). Criminal P.C.2. The learned Sessions Judge has pointed out that the learned Magistrate has not followed the mandatory provisions of Sub-clause (1) of Section 137, Criminal Proce...
Tag this Judgment!Court : Karnataka
Reported in : 1975CriLJ90
..... to above, it is not possible to say that the additional district magistrate when he received the declaration made by the petitioners under section 19-d of the act, was acting as a court and the alleged offence has been committed by the party to a proceeding in a court and as such sub-clause 7. the next question ..... in the name of the complainant, but, as already pointed out, they were, under a statutory authority, to file such a declaration under section 19-d of the act, as the respondent, though requested, was still persisting to continue as the printer and publisher of the newspaper, the petitioners had no other alternative but to make the alleged ..... before whom the documents have been produced is one and the same. it is also contended that when the additional district magistrate received the false declaration, he was not .acting as a court and therefore, he had no right to summon the witnesses or record evidence. strong reliance has been placed on the decision in virindar kumar satyawadi v .....
Tag this Judgment!Court : Karnataka
Reported in : (1974)IILLJ396Kant
..... viz., 'other additional remuneration, if any, paid at intervals not exceeding two months'.6. the term 'wages' has been defined thus in section 2(27) of the act:'wages' means all remuneration paid or payable in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes any payment ..... by the employer was not in pursuance of the terms of employment, express or implied, and consequently the said payment cannot be termed as ''wages' under the act,5. sri ranganna, learned counsel for the appellant conceded before us that the incentive payments nude by the company in the instant case is in no way different ..... hereinafter called 'the company') and declaring that the incentive payments made by the company to its employees under the incentive scheme are not 'wages' as defined under the act and that esi contributions are not to be levied on such payments.2. esi scheme was applied to the different units of the company in different years. the company .....
Tag this Judgment!Court : Karnataka
Reported in : 1978CriLJ1367
..... the relevant provisions relating to bail in the old code as well as in the new code, we ultimately hold that the provisions contained in the cr. p.c., 1973 (act ii of 1974) clearly extend the periphery of the powers of the high court to grant bail in a case involving an offence punishable with death or imprisonment for life ..... ordern.r. kudoor, j.1. this petition is one under section 439 of the cr. p.c., 1973 (act 2 of 1974) (hereinafter referred to as the 'new code') by the petitioner sangappa who is a-l in sessions case no. 46 of 1977 on the file of the .....
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