Court : Karnataka
Reported in : AIR1960Kant338; AIR1960Mys338; ILR1959KAR740
..... the report of a commission appointed under clause (1) of art 340, by order specify and also to the anglo-indian community.'article 339 provides for the control of the union over the administration of scheduled areas and the welfare of scheduled tribes. article 340 reads as follows :'(1) the president may by order appoint ..... provision for judicial review of legislation as to its conformity with the constitution, unlike in america where the supreme court has assumed extensive powers of reviewing legislative acts under cover of the widely interpreted 'due process' clause in the fifth and fourteenth amendments. if, then, the courts in this country face up to ..... legislature, cannot decide who the socially and educationally backward classes of citizens are and make provision for such classes. he contended that it is the president acting under art. 340 of the constitution who alone can determine which are the socially and educationally backward classes of citizens in the territories of india. it .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys81; ILR1960KAR766
..... and sets out the achievements and objects of the congress. ex. p-3t has been published at hubli by one govardhan rao, the secretary of the karnataka pradesh congress election committee. ex. p-32 is an appeal by the appellant and the parliamentary congress candidate agadi sanganna to the electors of yelburga. it ..... a measure and its formulation as a rule of conduct. the legislature must declare the policy of the law and the legal principles which are to control any given cases and must provide a standard to guide the officials or the body in power to execute the law. the essential legislative function ..... constitution had, it was urged, power under article 4 of the constitution to make such supplemental, incidental and consequential provisions. section 120 of the states reorganisation act, according to the argument, contains those supplemental, incidental and consequential provisions empowering the appropriate government to make the modifications and adaptations referred to in that section .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant106; AIR1961Mys106
..... is whether it is true that ex. p-75 was a pamphlet printed and circulated amongst the voters by govardhana rao, the secretary of the karnataka pradesh congress committee and whether such circulation and distribution of pamphlets amongst the voters of the parliamentary constituency was made by the appellant or his ..... such as to merit acceptance. now,the delimitation of the parliamentary constituencies were made under the provisions of section 47(2) oe the states reorganisation act, 1956, by the delimitation commission appointed for that purpose. after the delimitation of the parliamentary constituencies was made by that commission, an order intituled ..... also constitute undue influence within the meaning of clause (2) of section 123, an electoral offence. further, under the provisions of section 141 of the act, candidates committing corrupt practices are statutorily eliminated from public life for a specific period. 35. having regard to the grave consequences emanating from the commission .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant257; AIR1961Mys257
..... special form of procedure prescribed by any other law.the sessions court while hearing and disposing of an appeal under section 78 of the bombay village panchayats act, is really exercising a special jurisdiction and not the ordinary jurisdiction attributable to it under the provisions of the code of criminal procedure. while exercising ..... the ordinary civil or criminal courts. it is a special jurisdiction conferred upon these specially constituted tribunals in accordance with the provisions of the act already referred to by us. in respect of that special jurisdiction, special procedure is also prescribed and only one appeal against the orders and decrees ..... before them. chapter viii deals' with the execution of decrees and orders of the nyaya panchayats.this brief survey of the three chapters of the act clearly indicates that in respect of certain matters nyaya panchayats are constituted into courts exercising jurisdiction which, in their absence, would have been exercised by .....
Tag this Judgment!Court : Karnataka
Reported in : 1962CriLJ441
..... well accepted canons of interpretation. the several sub-sections of section 32, in a measure, take in portions of a few other provisions contained in the 'act'. this is certainly indicative of the fact that section 32 exhaustively deals with the law relating to relevancy of statements made by persons mentioned therein. such an ..... , gurusangayya and amatigouda, by comparing those signatures and writing with those found in other documents whose genuineness were either admitted or presumed under section 90 of the 'act'. sri gajjar fully supports the case of die contesting defendants. on the other side the plaintiff has examined sri parmeshwar dayal (ex. 753) a private expert ..... and 161) a jurist of repute and the author of the 'act'.31. most of the decided cases which have taken the view that 'statements' that are inadmissible under section 32 may still be admissible under section u have further stated that section 11 is controlled by section 32. this statement of the law is rather puzzling .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1962Kant53; AIR1962Mys53
..... sangappa, gurusangayya and amatigouda, by comparing those signatures and writing with those found in other documents whose genuineness were either admitted or presumed under section 90 of the 'act'. sri gajjar fully supports the case of the contesting defendants. on the other side the plaintiff has examine sri parmeshwar dayal (ex. 753) a private expert who ..... he examine the disputed writings and signatures, he knew what his client wanted. further he was not merely an expert examine on behalf of the plaintiff , he also acted as mukthiyar of the plaintiff and cross- examined sri gajjar. in these circumstances , the court below was certainly right in not placing reliance on his testimony. but ..... statements' that are inadmissible under s. 32 may still be admissible under s. 11 have further stated that s. 11 is controlled by s. 32. this statement of the law is rather puzzling. if s. 11 is controlled by s. 32 it means that before a ' statement' can be relevant under s. 11 it must also be relevant .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant57; AIR1961Mys57; 1961CriLJ291
..... public high-way, whether with or without music, so long as they did so peaceably without being armed and subjected themselves to control by the state in the interest of regulation of traffic or use of the public ways by others and in the interest of public peace. it also follows that neither the accused nor ..... several accused persons spoken to by the witnesses as either offering obstruction to the processionists or as throwing missiles at them may, at best, be described as acting with distinct individual objects which may be similar in nature but not with any single common object.on this aspect of the matter, the learned counsel for ..... accompanied with music.this procession was accompanied with music consisting of nagaswaram, drums, thappates, etc. though attempts appear to have been made to dissuade the obstructionists from acting in the manner they did, all such attempts proved unsuccessful. stones, brick-bats and soda-water bottles were flung at the processionists in an attempt to obstruct .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant131; AIR1961Mys131; ILR1960KAR1270
..... as prescribed by section 14(1). then section 25 lays down certain principles which have to be observed by the courts administering the provisions of the tenancy act in the matter of forfeiture against tenancy. but section 25 (2) excludes the application of these principles and disqualifies a tenant from claiming relief against termination ..... in my opinion, section 25 in effect gives relief against forfeiture even though the expression used is relief against termination. under section 14 of the tenancy act the landlord becomes entitled to terminate the tenancy, on the tenant failing to pay rent in accordance with the said section by giving notice to quit. ..... 25 gives no relief against forfeiture.the said section only gives relief against termination of tenancy. it was further contended by the said learned advocates that the act provides for no relief against forfeiture and, therefore, no relief against forfeiture can be given in any case. in support of that contention the learned advocates .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant102; AIR1961Mys102
..... this is provided for in rule 14. rule 14-a makes applicable the provisions of order xxii, c. p. c., and article 171 in the first schedule of the limitation act to matters arising under rules 12 and 14.this circumstance itself indicates that the above rules pertain to matters which would fall within the purview of order xxii, c. p .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant220; AIR1961Mys220
..... . it will be convenient first to deal with the arguments based on section 51 of the mysore university act. it is common ground that this argument does not apply to the karnataka university or colleges coming within the jurisdiction of that university. it is also common ground that the chancellor has ..... chairman of the selection committee, the general procedure followed by the committee in making the selection is described. it will be remembered that whereas the karnataka university prescribes physics, chemistry and biology as the eligibility group of subjects, the mysore university prescribes the combination of two subjects of the several named ..... one or the other fundamental rights of citizens guaranteed by the constitution, their classification as well as the nature of the special provision are controlled by considerations already discussed above. it follows therefore that the scheduled castes, scheduled tribes and other backward classes are three different categories whoso classification .....
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