Court : Karnataka
Decided on : Mar-28-1961
Reported in : AIR1961Mys198; 1961CriLJ509
..... offences under sections 163 and 420, i. p. c. the case is being tried by a special. judge under section 6 of the criminal law (amendment) act, 1952; under section 8 cf that act, the procedure prescribed being that for the trial of warrant cases under the code of criminal procedure. the stage reached in the, case is that charges ..... he causes such document or thing to be produced instead of attending personally to produce the same. (3) nothing in this section shall be deemed to affect the indian evidence act, 1872, sections 123 and 124, or to apply to a letter, postcard, telegram or other document or any parcel or tiling in the custody of the postal ..... and the only restriction is that contained under subsection (3) which provides that the provisions of the section shall not affect sections 123 and 124 of the indian evidence act or apply to articles in the custody of the postal or telegraph authorities.it may be that it becomes necessary or desirable that a witness should be examined .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-04-1961
Reported in : AIR1962Kant192; AIR1962Mys192
..... enacted to provide for the levy and collection of duties of excise on medicinal and toilet preparations containing alcohol, opium. indian hemp or other narcotic drugs narcotio. that act was extended to the whole of india, section 2 (c) defined 'dutiable goods'. that definition reads'dutiable goods' means the medicinal and toilet preparations ..... provisions of article 372 of the constitution to operate in the state of mysore untill altered or repealed or amended by a competent legislature or other competent authority. that law not having been either repealed or altered or amended by any competent legislature or competent authority till now, continues to be in force in the new state ..... of mysore. unless it could be said that it stood repealed by the 21st section of the central act.(21) section 21 of the central act repeals only those laws in force .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-31-1961
Reported in : AIR1962Kant25; AIR1962Mys25; ILR1961KAR450; (1961)IILLJ583Kant
..... trade union to inaugurate on behalf of its members with the employee under section 28.f sought to be introduced into the indian trade unions act of 1906 by the amending act of 1947 (which amending act is not yet brought into force), and the position industrial law by virtue of which it can by responding the cause of ..... employee s raise an industrial dispute or represent the employees before tribunals or authorities under the industrial disputes act, payment of wages act or similar legislative enactment. these ..... argument in support of the maintainability of the proposed petition is that the government press employees as is a trade union registered under the indian trade unions, act of 1928 to protect the interests of rs. members with regard to service conditions and their emoluments and that, according to section 13 of that .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-16-1961
Reported in : AIR1961Kant220; AIR1961Mys220
..... the rights conferred by any of the provisions of part iii. although this article was subsequently substituted by another slightly differently worded articles by the subsequent fourth amendment act of 1955 in which protection to the laws mentioned therein was granted only against inconsistency with or taking away or abridging any of the rights conferred by ..... of backwardness resulting from social or economic injustice are dealt with in part iv under the heading 'directive principles of state policy'. when the constitution first amendment act was passed, the parliament did not think it fit to transfer article 46 to part iii as a fundamental right but merely engrafted one idea from it ..... groups and distributed the 45 per cent of the seats reserved for backward classes between these various groups ranging from 1.2 per cent in favour of indian christians to 8.5 per cent in favour of lingayats. these 164 communities represented nearly 95 per cent of the total population of the state excluding .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-03-1961
Reported in : AIR1962Kant218; AIR1962Mys218
..... substantial reasons why the contesting respondents cannot take shelter under the principle stated by the learned advocate-general on their behalf. neither the impugned statute nor the amending act contains any indication whatever of circumstances in which , or the considerations or principles on which , the descretion vested in the government under section 27-a is ..... 1959. (7) the petitioners in writ petition 1083 of 1959 are not residents of bangalore, the first of them being the wife of an officer in indian embassy, washington, and the second the wife of a doctor at madras. they became aware of the land acquisition proceedings only after the publication of the ..... sections 4(2) and 28 to 32 of the madras prohibition act were void under section 107 of the government of india act of 1935 because they were repugnant to the provisions of existing indian laws with respect to same matter viz., the indian evidence act and the criminal procedure code -- a question very similar to the one now .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-04-1961
Reported in : AIR1962Kant135; AIR1962Mys135; ILR1962KAR257
..... by post in a letter addressed to that person at his usual or last known place of abode or business in india and registered under chapter vi of the indian post office act, 1898'. admittedly, in the instant case, no written notice of making the ward had been given to the parties to the reference. all that is said is that ..... . therefore, it is necessary to create a machinery to resolve that disagreement unless the parties insist on some other course. the time limit was evidently fixed in the present act for two reasons. firstly, it must have been thought desirable that the arbitrators should appoint an umpire even before there was any disagreement between them; once they begin to ..... hegde, j. (1) this appeal arises out of proceeding under s. 14(2) of the indian arbitration act to be referred to as the 'act' hereinafter. the parties to this appeal are relations. the appellant as the plaintiff instituted special civil suit no. 29 of 1954 in the court of learned civil judge, senior division .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-1961
Reported in : [1963]47ITR55(KAR); [1963]47ITR55(Karn)
..... loss sustained by him or of the amount of refund due to him.' 14. this definition is what it is after its amendment by the income-tax (amendment) act, 1953, which came into force on april 1, 1952. before it was so amended, the definition read as follows : '2. (2) 'assessed' means a person by whom income-tax is payable.' 15. it is not ..... assessment year 1951-52. 2. the assessment proceedings commenced during the lifetime of bademiya, who, however, died before the assessment order was made under section 23(3) of the indian income-tax act, 1922, on march 29, 1956. bademiya, it is not disputed, was doing his business under the name and style of nizamia oil mills and he was assessed as an ..... somnath iyer, j.1. this writ petition is directed against proceedings commenced under the provisions of section 46(2) of the indian income-tax act, 1922, for the recovery from the petitioner of a sum of money stated to be due by way of income-tax from the estate of one bademiya who was assessed .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-1961
Reported in : AIR1961Kant197; AIR1961Mys197
..... disposal according to law, and for the determination of the question whether the defendant was an agriculturist, by the application of the amended definition, of an agriculturist contained in the act, after its amendment by mysore act no. xiii of 1953. the direction given by this court in that revision petition reads:'the finding is accordingly set aside and ..... a suit is brought by a plaintiff, on the footing that the defendant is an agriculturist, claiming the larger period of limitation prescribed by section 24 of the act, and the court records a finding that the defendant is not an agriculturist, and therefore, dismisses the suit, if the finding on which the dismissal o the ..... was an agriculturist, and this allegation he made, for the purpose of obtaining the benefit of the larger period of limitation, prescribed by section 24 of the act.from that finding of the court below, the plaintiff presented a revision petition to this court, and this court set aside the finding of the court below .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-31-1961
Reported in : AIR1962Kant44; AIR1962Mys44
..... paid; towards the consideration for the sale.as regards the second contention, it has been held by the courts below that the same barred by s. 91 of the indian evidence act. so far as the first point is concerned, sri dayanand appearing for the appellant, frankly conceded that the finding the courts below that the defendant had not established that ..... against a person who was dead at the date of presentation, the court may under s. 153, c.p.c. permit the cause title to be amended or may return the appeal memorandum for amendment and representation.(8) in the madhya bharat case, the learned judges of the madhya bharat high court were not indicated to accept the view of the ..... the appeal may be incompetent owing to the wrong person named as the respondent , the court which deals with it is acting in a proceeding in a suit and as such has fill power under s. 153 to direct an amendment of the appeal memorandum'.in savithramma, v. nanjundappa, 25 mys lj 113 the high court of the former state of .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-17-1961
Reported in : AIR1962Kant72; AIR1962Mys72; ILR1962KAR225
..... being disposed of by him or by her within the meaning of this sub-section.' neither under the customary law nor under the aliyasanthana act nor under the indian succession act the interest of a coparcener in an aliyasanthana kutumba could have been disposed of by testamentary disposition. in that regard a definite change in ..... provide either for the management of kutumba properties or for partition of the same. those fields were not occupied by the 'act'. we shall presently see to what extent the 'act' has amended the law relating to the devolution of the estate of a co-parcener, divided as well as undivided. we have earlier noticed ..... , expenses for schooling, etc. this was the state of law till the passing of the aliyasanthana act (madras act ix of 1949) (see appendix iii of mayne on hindu law and usage, eleventh edition). the aliyasanthana act defined and amended in certain respects the law, relating to marriage, maintenance, guardianship, intestate succession and partition, applicable to .....
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