Court : Karnataka
Reported in : AIR1958Kant1; AIR1958Mys1; 1958CriLJ54; ILR1957KAR81; (1957)35MysLJ237
Somnath Iyer, J. 1. These ten appeals arise out of an unusual case, tried by the aid of Assessors in which ten police constables attached to the Police Station House in a village called Chincholi were the accused. The Police Sub Inspector attached to that Police Station house WHS A-11 and its head constable was. A-12. All the twelve accused were tried before the Court of Session for offences said to have been committed by them on the 6th of March, 1954. A-1 was convicted of an offence punishable under Section 302 of the Penal Code and sentenced to death. A-2 to A-10 were convicted of offences punishable under S. 302 read with Ss. 34 and 149 of the Penal Code. They were sentenced to transportation for life and to pay a fine of Rs. 5/- or one month's rigorous imprisonment in default. A-11 and A-12 were acquitted of the charges on which they were tried. A-1 to A-10 have appealed to this Court against their convictions and sentences and the State has appealed from the order of 'acquittal o...
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant150; AIR1958Mys150; 1958CriLJ1489
H. Hombe Gowda, J.1. These two appeals are against the judgment dated the 7th November, 1956 of the Principal Sessions Judge, Bangalore Division, in Bangalore Sessions Case No. 29 of 1956 convicting and sentencing all the three appellants Govinda Reddy, Krishna and Muniswamy (Accused Nos. 3, 1 and 2 respectively in the trial Court) of the following, offences :--(1) under Section 302 read with Section 34 of the Indian Penal Code on six counts and sentencing each of the appellants to the extreme penalty of law on each of those counts; (2) under Section 307 read with Section 34 of the Indian Penal Code and sentencing each of the appellants to undergo rigorous imprisonment for ten years; (3) under Section 457 read with. Section 34 of the Indian Penal Code and sentencing each of the appellants to undergo rigorous imprisonment for a period of ten years; (4) under Section 380 read with Section 34 of the Indian Penal Code and sentencing them to rigorous imprisonment for a period of seven years...
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant64; AIR1958Mys64; ILR1957KAR359; (1958)36MysLJ34
S.R. Das Gupta, C.J. 1. The petitioner before us is the India Sugars and Refineries, Ltd., Hospet. In this petition the petitioner is challenging the validity of Section 14 of the Madras Sugar Factories Control (Mysore Amendment) Act and the rules framed thereunder. The facts leading up to this petition may be shortly stated as follows: The Government of Madras had passed an enactment known as the Madras Sugar Factories Control Act no. XX of 1949 dated 13-7-1949.The object of the said Act, as it appears from the preamble thereof, was to provide for the licensing of sugar factories and regulating the supply and the prices of sugarcane used in such factories and for other incidental matters. Sub-section (1) of Section 14 of the said Act authorised the Government, after consulting the Advisory Committee to be set up under the said Act, to levy a cess not exceeding four annas per standard maund as defined in the Standards of Weight Act, 1939, on sugarcane brought into any area specified in...
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant70; AIR1958Mys70; (1958)36MysLJ199
S.R. Das Gupta, C.J.1. There is only one point raised in these two petitions and it arises in this way. The Petitioner in W. P. No. 134 of 55 is the son and the petitioner in W. P. No. 135 of 55 is his father. Both of them were partners in a firm known as 'Chandiram Brothers' dealing in Silk goods at Bangalore. The son was assessed on 31-3-1954 and the father was assessed on 30-12-1954, in respect of their income for the assessment year 1950-51. In the order of assessment, which was made under Section 23 (3) of the Indian Income Tax Act, it was stated that the assessment was made subject to revision under Section 35 of the Income Tax Act on determination of the correct share of income in the firms accounts.Thereafter on 29th March 1955 the firm was assessed, and the total income assessed was Rs. 93,461/-. On such assessment it was found that the previous assessments of the petitioners were less than what they should have been, and thereupon the Income Tax Officer, purporting to act und...
Tag this Judgment!Court : Karnataka
Reported in : (1958)IILLJ613Kant
ORDER1. The petitioner before us is the Bangalore Woollen, Cotton and Silk Mills Company, Ltd., managed by Binny & Co., Ltd., The prayer of the petitioner is for issue of writs certiorari and for quashing the award of the Industrial tribunal, Bangalore, in I.C. No. 11 of 1955, dated September 25 1956. The facts on which this petition is founded may be shortly stated as follows. 2. The petitioner had applied, under the provisions of the Industrial Employment (Standing Orders) Act - Central Act XX if 1946, to the certifying authority constituted under the said Act for certification of draft standing orders which were submitted by the petitioner. The authority concerned, after due notice, certified the same on July 16 1955. The respondent 3 (the Binny Mills Labour Association), having taken exception to a number of standing orders submitted by the management and certified by the carrying authority, raised an industrial dispute with reference thereto. Thereafter by notification dated Augus...
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant102; AIR1958Mys102; (1958)36MysLJ73
A.K. Somnath Iyer, J. 1. The principal question Involved in these twowrit petitions is the constitutional validity of an Act passed by the Legislative Council of the Chief Commissioner of Coorg, intituled the Coorg Agricultural Income-tax Act, 1951 (Coorg Act No. 1 of 1951). This is how the question arises. 2. On 15-1-1951, the Legislative Council of the Chief Commissioner of Coorg which was then a part 'C' State in the Union of India, passed an Act called the Coorg Agricultural Income-tax Act to which the President of India accorded his assent on 13-5-1951. On the issue of a Notification dated 4-8-1951 under Sub-section (3) of Section 1 of the Act, the Act came into force in that State on 10-3-1951. It is stated in the preamble to the Act that the previous sanction of the Governor General had been obtained under section 97 of the Government of India Act 1935 as adapted by the India Provisional Constitution) Order, 1047, to the passing of that Act. 3. By an order made by respondent 2, ...
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant148; AIR1958Mys148; ILR1958KAR62; (1958)36MysLJ131
ORDER1. The revision petitioner before me is the defendant in Regular Suit No. 197 of 1953 on the file of the First Joint Civil Judge, J.D. Belgaum. The plaintiff is running an industrial concern in Belgaum. The defendant is a firm supplying electricity to the town of Belgaum. The suit was for injunction (1) restraining the defendant from making the minimum charges (2) recovery of Rs. 362-5-0 and (3) restraining the defendant from disconnecting the electric connections to the plaintiff's concern. The plaintiff contends that the standing charges imposed on him by the defendant are illegal and ultra vires. The defendant-petitioner apart from controverting the plaint allegations, applied to the trial Court under Section 34 of the Arbitration Act to refer the disputes to arbitration. He insisted that under Clause 16 of the VIth Schedule to the Electricity (Supply) Act, 1948 which shall be hereinafter called 'the Act' read with Section 76 of the said Act the dispute in question is required ...
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant1; AIR1959Mys1; ILR1958KAR288; (1958)36MysLJ580
Hombe Gowda, J.1. The appellant Basappa has been convicted of an offence under Section 211 of the Indian Penal Code for having falsely charged Basappa, son of Muruliah and nine others of Doddametikurke village in Arsikere Taluk of having committed the murder of one Basappa of the same village on the evening of 1-10-1952, by the learned Sessions Judge, Mysore Division in Hassan Sessions Case No. 4 of 1956 and sentenced to undergo simple imprisonment for six months and also to pay a fine of Rs. 100/- and in default to suffer simple imprisonment for a further period of one month.2. The relevant facts are as follows One Basappa, son of Maruliah. a resident of Doddame-tikurke village in Arsikere Taluk was found murdered in front of Anjaneya Temple of the village at about 10 P.M. on 1-10-1952. The appellant Basappa appeared before the Patel of the village and lodged information to the effect that Basappa, son of Maruliah and nine others of the village, who bore illwill against the deceased m...
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant13; AIR1959Mys13; (1958)36MysLJ655
ORDER1. The petitioner, the Union of India owning the Southern Railways, attacks in this petition a decree passed against it in Small Cause 63 of 1956 on the file of the Court of the Civil Judge, Shimoga, filed by the respondent in the following circumstances:2. A firm called Shaw Moolchand Asharam and Co., of Ahmedabad delivered to the railway on 14-2-1.955 eight bales of cloth for despatch and delivery to the plaintiff at Shimoga. When the bales arrived at Shimoga railway station, it was discovered that one of the bales was loose and the stitches on it appeared to have been removed and subsequently restitched.The plaintiff having insisted on open delivery, such open delivery was given at Shimoga railway station on 17-3-1955. The record of the open delivery shows that the loose bale contained only 27 pieces as against the 32 mentioned in the Patties, and after deducting from the total yardage of 726 yards, according to the packing slip the actual length of 611 yards of the remaining 2...
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant158; AIR1959Mys158; 1959CriLJ746
ORDER1. The respondent before me filed Order P. No. 117/1956 before the Court of the District Munsiff of Puttur, South Kanara, under Seections, 195and 476 of the Code of Criminal Procedure, praying that the Court may be pleased to make a complaint against the petitioners before me for offences-said to have been committed by them under Sections 193, 209, 467 and 471 read with Sections 34 of the Indian Penal Code.2. The allegations in support of this application are that a certain lease deed, on the strength of which Original south No. 391/1952 was filed by the second petitioner before me against the respondent in the District Munsiffs Court of Puttur, was fabricated by the first petitioner in connivance with the other petitioners and that he also made petitioners 3 and 4 to give false evidence in support of it. The suit had been dismissed on the finding that the lease deed in question was false.This petition was filed on 26-10-1956. Notice-returnable 19-11-1956 was issued to the respond...
Tag this Judgment!