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 : Dec-04-1961
Reported in : AIR1962Kant140; AIR1962Mys140
..... appeal. in another second appeal viz., k. h. chandrappa v. s. rudrappa, s.a. 91 of 1956 (mys) narayana pai j. has stated as follows:'i amend not, however, prepared to say that a defendant, who has merely raised a general plea that the suit is not maintainable without specifying the grounds on which the maintainability of ..... conduct of the suit to abandon an issue when they, whether rightly or wrongly, arrived at the conclusion that their contentions as to it were untenable. i amend clearly of opinion that this question must be answered in the affiramative. it must be held that a vakil appointed to conduct a case on behalf of his ..... equivalent to coparceners). when the hindu women's right to property act, 1937, was extended to sangli state under the indian states (application of laws) order, 1948, sangli act no. 1 of 1955 stood repealed, being the law corresponding to the extended act viz., the hindu women's right to property act 1937. the contention of sri venkataramiah is to the effect that .....
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 .....
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 : Sep-20-1961
Reported in : [1963]49ITR977(KAR); [1963]49ITR977(Karn)
..... enquiry under section 25a. that section was, it should be noted, introduced by the indian income-tax (amendment) act, 1928 (3 of 1928), for removing a defect which the working of the act as enacted in 1922 had disclosed. under the provisions of the act as they stood prior to the amendment, when the assessee was an undivided family, no assessment could be made thereon if ..... the supreme court in lakhmichand baijnath v. commissioner of income-tax section 25a was enacted for removing a defect which the working of the act had disclosed. under the provisions of the act as they stood before its amendment, if at the time of assessment the family had become divided it was not permissible for the income-tax officer to make an assessment .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-04-1961
Reported in : AIR1963Mys292
..... of the legislature the constitutional position in india approximates more to the american than to the english pattern. there is a basic difference between the indian and the british parliament in this respect. there is no constitutional limitation to restrain the british parliament from assigning its powers where it will, but the ..... indian parliament qua legislative body it fettered by a written constitution and it does not possess the sovereign powers of the british parliament.'mukherjea j., proceeded to ..... (central act lxi of 1951) that section 3 which authorised the central government to make those rules also directed that the rules made by it should be laid before parliament for necessary modifications, whether by way of repeal or amendment.50. however that may be, neither the fact that there has been a delegation of the power .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-11-1961
Reported in : AIR1962Kant117; AIR1962Mys117; [1962(4)FLR144]; ILR1962KAR22
..... now, it would be important to notice that when the industrial tribunal was for the first time constituted under the provisions section 7-a of the amended act, which permitted the constitution of single-member tribunals the period during which the industrial tribunal had to function was not specified. it was a tribunal constituted ..... no. llh 34 ild 57 dated 5-7-1957 constituting as industrial tribunal at bangalore under section (2) of section 7 of the industrial disputes (amendment and miscellaneous provision) act 1956, for adjudication of the industrial disputes by appointing shri d.h. chandrasekhariah, b.a.ll.b., advocate as presiding officer for the said ..... legislative practice to which their lordships alluded was what emerged from the various enactments to which reference was made in the earlier paragraph which included the indian arbitration act of 1899, and section 12 thereof which concerned power on the court to extend the time within which an arbitrator could make his award.(53) .....
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 : 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 : 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!