Court : Karnataka
Reported in : AIR1959Kant139; AIR1959Mys139
..... or rules 58. 90, 97 and 100 of order 2j of the code of civil procedure, or in procee'ings arising, as in this case, under the mysore, house rent and accommodation control act, the parties should be compelled to produce affidavits in proof of their cases without their being permitted to examine the witnesses in the ordinary way.26. that being so ..... or that the affidavit of any witness may be read at the hearing. the learned judge proceeded to point out that although as provided by section 1 of the evidence act that act is not applicable to the affidavits presented to courts, it does not mean that any affidavit of any person can go in as evidence proprio vigore . without necessity ..... an application had been made by a person who claimed to be his landlord for his eviction on the ground that he was in default in regard to arrears of rent payable by him. on 6-10-1956, an order was made in those proceedings ex parte, ordering the eviction of the tenant. the tenant, thereupon, made an application .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant29; AIR1961Mys29; ILR1960KAR151
..... the institution of the present suit as well as now, cinema theatres are not excluded from the mischief of the house rent and accommodation control act, 1951.under section 8 of the mysore house rent and accommodation control act, 1951, no tenant can he evicted whether in execution of a decree or otherwise, notwithstanding anything contained in any ..... a contingent agreement the contingency having not arisen, the agreement cannot be enforced; (iii) the agreement is frustrated as a result of the mysore house rent control orders and acts, (iv) the plaintiff is estopped from having recourse to exhibit d in view of the fact that he had utilised the amount of rs. 21, ..... possession during the renewed period; (ii) that he has become a statutory tenant of the suit property as per the terms of the mysore house rent control orders and acts. consequently he cannot be evicted except in accordance with the provisions contained therein; (iii) the compromise entered into by him and the first defendant is .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1962Kant218; AIR1962Mys218
..... who section 29 of the act confers upon the board the power to acquire, hold and ..... executed in respect of immovable able property and call upon the board to do several acts and works in respect of immovable able property, it is absolutely necessary for the board to have possession and complete control over such property. but the fact that a certain activity is necessary to achieve a certain purpose does not ..... with immovable property and the doing of several acts in respect of it, some of the details whereof are indicated in section 16 of the act. for the purpose of doing all those acts effectively, there can be hardly any doubt that the board should have the possession and complete control over such property. that is obviously the reason .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant202; AIR1964Mys202
..... was served on the petitioner. thesaid amount was duly paid. 3. on 24-3-1960 the assistant controller of estate duty bangalore, purporting to act under section 62 of the old act (corresponding to section 61 of the present act) called upon the petitioner to show cause why the original order of assessment should not be rectified in certain ..... duty. the question for consideration is whether this enhancement is in accordance with law. 5. under section 36 of the act, the duty of valuing the estate of a deceased person is left to the controller. in discharging his duty, he may take the assistance of his subordinates as provided in section 41 and supplemented by the ..... valuation was enhanced to rs. 7,87,060/-. this valuation evidently came to the knowledge of the assistant controller of estate duty bangalore. thereafter, he issued a notice on 31-10-1961 purporting to act under section 61 of the act. the contents of that notice are important and therefore, i shall quote the same: 'the net principal .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant147; AIR1966Mys147; (1965)1MysLJ731
..... sibley. in the year 1792 sibley mortgaged the lease to the defendants who on his becoming insolvent and abandoning the premises, took possession of the premises and paid the rent up to christmas 1795. then they offered to surrender the premises to the plaintiff and on his refusal to accept, assigned over to william bishop. thereafter the defendants ..... lease. that this principle is a principle of justice, equity and good conscience and would govern also agricultural leases to which the provisions of the transfer of property act are not applicable was what was explained by the high court of madras in ilr 30 mad 410.(8) this principle was reaffirmed by rajamannar c.j. in ..... to contract if he was party to the original lease.'this principle founded by the privy council is what also section 108(j) of the transfer of property act incorporates. that clause provides that although a lessee may transfer absolutely or by way of mortgage or sublease the whole or any part of his interest in the property .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant167; AIR1966Mys167
..... prospecting licences or mining leases, as well as the competence of the specified authorities dealing with the same, would all be as regulated and controlled by the provisions of the act and the rules. his contention is that the alleged discriminatory treatment prejudicial to the interests of the petitioner was two-fold. it is stated ..... years after the said three persons had applied for prospecting licenses. the preference that accrues to the said three persons by virtue of the provisions of the act, places them in a category different from that of the petitioner.one other argument advanced by sri venugopalachari in this connection was, that though the three ..... when he obtained the prospecting licence in respect of the 200 acres, bellary district formed part of the former state of madras. subsequently, when the andhra state act come into force, this part of the bellary district became integrated with the former state of mysore. after the reorganisation of the states, the petitioner obtained .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1966KAR418; (1969)IILLJ171Kant
..... lag and the officer concerned may by that time complete the age of 52 years; hence he cannot be held responsible for circumstances over which he has no control. the object with which the rule was framed has not been disclosed in the counter-affidavit filed on behalf of the government. the rules themselves do not give ..... south kanara : [1964]7scr549 . in that case the supreme court came to the conclusion that the previous sanction required under s. 115(7) of the states reorganization act must be deemed to have been accorded in view of the memorandum addressed by the central government to the state government on 11 may, 1957. the supreme court interpreted that ..... is invalid as the state government had not obtained the previous sanction of the central government as required by sub-clause (7) of s. 115 of the states reorganization act, 1956, for promulgating that rule. aggrieved by that decision the state government applied to this court for a certificate under art. 133(1)(c) of the constitution. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant267; AIR1966Mys267; (1966)1MysLJ265
..... v. deputy commissioner south kanara, : [1964]7scr549 . in that case the supreme court came to the conclusion that the previous sanction required under section 115(7) of the states reorganisation act, must be deemed to have been accorded in view of the memorandum addressed by the central government to the state government on may 11, 1957. the supreme court interpreted that ..... is invalid as the state government had not obtained the previous sanction of the central government as required by sub-clause (7)of section 115 of the states re organization act, 1956, for promulgating that rule. aggrieved by that decision, the state government applied to this court for a certificate under article 133(1)(c) of the constitution. this court refused .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Kant107; AIR1967Mys107; (1966)1MysLJ694
..... the state government passed an order on may 6, 1965, in pursuance of the proviso to sub-section (2) of section 8 of the mysore rent control act, 1961 (hereinafter called the 'act') directing that the premises in question be allotted in favour of sri a.r. naizamuddin, deputy commissioner of police (respondent no. 3). on receipt ..... the property that he is deprived of. his lordship accordingly held that section 3 (3) of the madras buildings (lease and rent control) act, 1949, providing for taking possession and for allotment of premises on reasonable rent, was not violative of article 19(1)(f) of the constitution and that the same was valid.6. mr. iyengar, ..... in the following terms:'the petitioner respectfully submits that if as the tribunals hold the house rent controller has the power to invent a procedure of his own under section 5 of the act and the corresponding rule under the house rent control act, the same would be violative of the provisions of article 19 of the constitution interfering .....
Tag this Judgment!Court : Karnataka
Reported in : [1968]67ITR150(KAR); [1968]67ITR150(Karn)
..... was either equal to the sum deposited or a certain proportion of his residual in come. the expression 'residual income' was defined by section 2 of the finance act, 1963 (act no. xiii of 1963). 3. we are not concerned with the other parts of section 4, such as, sub-sections (4) and (5) which were ..... if income-tax is payable only after the ascertainment of the income or its assessment, additional surcharge to which section 4(3) of the compulsory deposit scheme act refers, similarly becomes payable only after the ascertainment of the income and determination of the additional surcharge. 23. further sustenance for this contention was sought to be ..... 1). 20. we now proceed to discuss the interpretation constructed on the words 'by whom any additional surcharge is payable' occuring in section 4(3) of the compulsory deposit scheme act, which reads : '4. requirement as to compulsory deposit. - ........ (3) a person falling under clause (b) of section 2 by whom any additional surcharge is payable .....
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