Court : Karnataka
Reported in : AIR1967Kant135; AIR1967Mys135; (1966)2MysLJ606
..... is in recognition of the difference between how it is legally construed and how it is understood in common parlance, that the legislature has expressly provided in section 79 of the national insurance act, 1911, that for the purposes of the part of that act in which the section is placed, a person shall be deemed to have attained the age of seventeen years, not on the day preceding the anniversary of his birth, but on the actual anniversary of the day of his birth ..... in section 4 of the indian majority act, 1875, it has been expressly provided that in computing the age of any person, the day on which he was born is to be included as a whole day and that he shall be deemed to have attained majority at the beginning of the 21st anniversary or the 18th anniversary, as the case ..... the absence of any such express provision, we think, it is well settled that any specified age in law has to be computed as having been attained or completed on the day preceding the anniversary of the birth day, that is, the day preceding the day of the calendar corresponding to the day of birth of the ..... period of time, at any rate, when counted in years or months, no regard is generally paid to fractions of a day, in the sense that the period is regarded as complete although it is short to the extent of a fraction of a day similarly, in calculating a person's age the day of his birth counts as a whole day; and he attains a specified age on the day next before the anniversary of his birth day,'7. ..... stated .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant81; AIR1968Mys81; (1967)1MysLJ105
..... (4) but the fact that he was placed under suspension in that way and not even the fact that it was declared that he shall be deemed to have been placed under suspension from the date of the original order of dismissal can arrest the retirement which comes into being on the attainment of the age of superannuation under rule 95. ..... venkataramaiah, the special government pleader, points that by an order made by government on november 13, 1963, it was declared that the petitioner shall be deemed to have been placed under suspension from the date of the original order of dismissal, and that he shall continue to remain under suspension until further orders or until the date of termination of the enquiry. ..... there was no such retention in service in the case of the petitioner, and such retention on case of the petitioner, and, such retention on public grounds might not have been possible in a case where a disciplinary proceeding is pending against a government servant. ..... (2) that being so, under the provisions of rule 95 of the mysore civil services rules, the petitioner has retired from government service and the pending disciplinary proceeding cannot, therefore, continue. (3) mr. ..... the only contingency in which such retirement does not come into being is when a government servant is retained in service after the attainment of the age of superannuation with the sanction of government if the govt. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant1; AIR1968Mys1; ILR1967KAR563; (1967)1MysLJ148
..... shall have effect notwithstanding anything inconsistent therewith contained in chapter iv (for any other law)(3) when the state transport undertaking makes an application for a permit in the manner specified in chapter iv, in respect of a notified area or notified route, the regional transport authority has no option but to issue the permit asked for as indicated by the opening words of sub-section (2) of section 68f, the regional transport authority is required to give effect to the approved scheme; it may refuse to entertain an application for renewal of another permit, and ..... chapter iv-a was added by act 100 of 1956, to the act making special provisions for grant of monopoly of road transport service to state transport undertakings to the partial or complete exclusion of private operators.section 68c empowers any state transport undertaking to frame a scheme of road transport service to be operated by it. ..... this court allowed the write petition holding that the anekal scheme is not in respect of an area but in respect of certain route banglore to chintamani is not included in the said scheme and the regional transport authority was in error in thinking that the anekal scheme precluded consideration of the application for permit. ..... it does not cannot any time by only describes the scope of the duty under that clause 'it can only mean that the authority cannot dispose of the application on merits but can reject' it as not maintainable. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Kant190; AIR1967Mys190
..... : 1955crilj555 dealt exclusively with the position as under section 45b of the banking companies act, now called the banking regulation act, and held that the proceedings there under are not proceedings in the nature of suit, but summary proceedings specially provided for expeditious disposal of winding up proceedings in the case of banking companies with liberty or power to the court to frame its own procedure for the disposal of such applications. 10. ..... 3 of the 2nd list in the 7th schedule under which the state legislature has power to legislate on the topics enumerated therein, one of which is fees taken in all courts except in the supreme court. ..... 14 of the 1st list in the 7th schedule to the constitution which empowers it to legislate on topics of incorporation, regulation and winding up of corporations but so far as the court fees are concerned, the power is vested in the state legislature under entry no. ..... the jurisdiction thereby conferred merely names fee winding up court as also a court in which a suit can be filed, without regard to the special provisions as to the jurisdiction of the civil courts contained either in civil procedure code or in state legislation constituting courts or other laws. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant202; AIR1968Mys202; (1967)2MysLJ192
..... 's case, : [1966]1scr937 the supreme court made the elucidation that there was no difference in principle in the case where a debtor who is sued for recovery of debt, dies after the institution of the suit and his legal representatives are brought on record and a case where the creditor, after making a diligent and a bona fide enquiry, impleads certain heirs as parties to his suit and impleads certain wrong parties to the suit, in the genuine belief that they were the only persons interested ..... (1) this is a plaintiff's appeal from the decree of the district judge who affirmed the decree of the court of first instance in the suit brought by the plaintiff for a declaration that the final decree made in a mortgage suit on january 31, 1957 did not bind him. ..... this is what he said in paragraph 18 of his judgment:--'the simple answer of defendants 1 and 2 to the contention was that they were not aware of the existence of the plaintiff and they bona fide believed that only defendants 3 to 11 were the heirs remaining in the family after the death of guddu hengasu and acted on that bona fide belief. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant229; AIR1968Mys229; (1967)2MysLJ446
..... sheel chandra had lodged joint family property by way of security, his earnings as treasurer became a part of the income of the hindu undivided family for the reason that the acquisition was not without risk to the family estate; and in support of that contention, reliance was placed on certain decision stated in para 15 of their judgment.their lordships pointed out in what context the privy council used the word 'risk' or 'detriment to the family property' in 48 ind app 162=(air 1921 pc 35) and then ..... for some years past, the prices for the produce of grains had gone down and that as he did not get any money by way of loan at a reasonable rate of interest, the debts incurred by him had increased and that he was not in a position to discharge the same.it is also stated that some of the properties had been brought to sale in execution proceedings started by one mangesha rao who had obtained a mortgage decree against him and the sale was fixed on 25th ..... b-4, and that too because the mortgagee insisted on the inclusion of the joint family property in the mortgage, but none of the joint family properties were liable for the discharge of the debts covered by ext. ..... according to them, defendant 1 acted only as an accommodator to save the family of defendants 6 to 7 and their children from losing those properties for the payment of debts incurred by defendant 6. ..... 191-3-8 to defendant 6 for the expenses towards stamp and registration fees etc. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant206; AIR1968Mys206; (1967)2MysLJ612
..... in the counter-affidavit produced on behalf of the state government and in the course of the argument ..... an order made by government on january 5, 1965 by which the petitioner was placed under suspension it was directed that he shall be retained in service to enable the conclusion of the disciplinary proceeding, mr.special government pleader had to admit that the continuance of the disciplinary proceeding after he attained the age of superannuation of january 9, 1965 when he retired, or his retention in service for the continuance of the disciplinary proceeding, was not permissible. ..... the findings of the enquiry officer and the record of the enquiry government agree with the findings of the enquiry officer and record the same accordingly and pass the ..... when the petitioner was the executive engineer of the bangalore division, certain shortages of cement and steel in the stores under his control were discovered, and, in the context of that discovery, government directed ..... his further contention was that the reduction of the petitioner's pension is a punishment imposed in the disciplinary proceeding which started against the petitioner before he retired, and that the imposition of a punishment in that form is not authorised by civil services ..... (7) it is true that reduction of pension is not one of the punishments which is contained in the enumeration of rule 8 of the civil services (classification, control and appeal) rules and so such reduction cannot be made in a disciplinary proceeding .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Kant200; AIR1969Mys200; (1968)1MysLJ234
..... section 9 authorised the landlord to institute a summary suit before the collector to enforce the acceptance of the patta and in that suit, it was the duty of the collector to settle the terms of the tenancy including the rent in accordance with the provisions contained in the act.10. ..... section 7 of the act prohibited the landlord from recovering any rent from the tenant in excess of the standard rent and so, when the tenant disputed his liability to pay the rent claimed by the landlord and insisted upon the fixation of the standard rent, it became impossible for the landlord to bring a suit for the recovery of any rent from the tenant until the standard rent was fixed. ..... the privy council made the elucidation that under these provisions, no arrear of rent could become due within the meaning of the limitation act until the rent was settled by the collector in the suit brought under section 9 of the act. ..... section 5(10) of that act defines standard rent and clause (b)(iv) of that section states that in cases referred to by section 11, standard rent means the rent fixed by the court. ..... section 3 of that act provided that certain landlords and others shall enter into written engagements with their tenants to be embodied in pattas and muchalikas. ..... the appellants are the plaintiffs who brought a suit for recovery of rent in respect of a period of five years commencing from the year 1953-54 and ending with year 1957-58. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Kant141; AIR1969Mys141; ILR1968KAR1003; (1968)2MysLJ355
..... of india) called a 'non suit', which operates as a dismissal of the suit without barring the right of the party to litigate the matter in a fresh suit; but that seems to be limited to cases of misjoinder either of parties or of the matters in contest in the suit; to cases in which a material document has been reflected because it has not borne the proper stamp, and to cases in which there has been an erroneous valuation of the subject-matter of the suit in all those cases the suit falls by reason of some point of form, but ..... in my view from this background it cannot be inferred with any degree of certainty that what the legislature intended by enacting section 373 of code of 1877 and the subsequent code was only to make provision for 'formal defects' and those analogous to it. ..... to quote maxwell again, at page 331 of his book he states the position thus:'of course, the restricted meaning which primarily attaches to the general word in such circumstances is rejected when there are adequate grounds to show that it has not been used in the limited order of ideas to which its predecessors belong. ..... it was in these circumstances that, by way of illustration, they referred to certain defects of a formal character which would enable a plaintiff to withdraw from a suit.18. ..... is that the grounds referred to therein are those other than 'formal defects', or defects analogous to formal defects, the impugned order is not liable to be disturbed.8. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Kant173; AIR1969Mys173
..... to the continuance of receivers is that: (i) if a receiver is appointed in a suit until judgment, the appointment is brought to an end by the judgment in the suit; (ii) if a receiver is appointed in a suit without his tenure being expressly defined, he will continue till he is discharged; (iii) even after the final disposal of the suit, though as between the parties his functions are usually terminated, the receiver continues to be answerable to the court till he is finally discharged, and (iv) the court has ample power to continue the receiver even after the final decree if the exigencies of the case ..... taking the last of his contentions first, relating to the prejudicial nature of the compromise, suffice it to say that his remedy is to have the receivership determined or at any rate to have the terms of the compromise annulled, substituting them by an order of the court having regard to all the facts and circumstances which have a bearing on the equities of the case. ..... it is conceivable that certain situations might arise which require giving directions to the receiver in the light of the proceedings in the original suit. ..... according to him, the appointment was agreed upon by some counsel acting for and on behalf of the counsel for the minor plaintiff. ..... it is stated that about rs. .....
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