Court : Karnataka
Reported in : AIR1963Mys135
A.R. Somnath Iyer, J.1. In respect of the route between Mylar and Kotur in the District of Bellary, the State Transport Authority directed the Regional Transport Authority to invite applications for the grant of a permit. This was done in the year 1955 and thereafter three applicants, the petitioner in this writ petition, one Mohamed Ibrahim and another Sethuramachar, made applications for the grant of a permit. The Regional Transport Authority, Bellary, decided to grant the permit to Sethuramachar. Mohamed Ibrahim and the petitioner appealed from that decision to the State Transport Authority and the State Transport Authority set aside the decision of the Regional Transport Authority and granted the permit to Mohamed Ibrahim. The petitioner and Sethuramachar both appealed to the Board of Revenue. Those two appeals were allowed and the Board of Revenue which took the view that none of the three applications presented was in accordance with law, accordingly set aside the order of the St...
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys136; ILR1962KAR777
..... the presence of the sub-registrar. but it appears to me that that officer had retired by then and his presence could not be secured. under these circumstances not much weight can be attached to the omission to examine the sub-registrar. the evidence of the two other attesting witnesses revanna and chikka revanna also goes to show that chennamma was .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant250; AIR1964Mys250; (1963)2MysLJ1
..... (5) is not how the transgression of the constitution can be defended.43. the constitutional duty to afford an opportunity which conforms to the required standard of reasonableness not being discretionary but mandatory, that imperative duty cannot by a rule be transformed by the governor into a discretionary function. no disciplinary authority ..... put himself in the situation of the government servant and after making a judicious estimate of the problems confronted by an unaided defence, transfer the weight generally in favour of representation. experience reveals that as a rule counsel assists and does not obstruct and that a tribunal who is in too ..... it might involve expenditure of more thought, attention and time necessitated by aspects elucidated by counsel.55. the narrowness of the concept on which the standards suggested for the state rest being thus sufficiently apparent it becomes plain that every relevant factor must influence the decision of the disciplinary authority which must .....
Tag this Judgment!Court : Karnataka
Reported in : (1963)IILLJ694Kant
..... is (sic) not how the transgression of the constitution can be defended. 50. the constitutional duty to afford an opportunity which conforms to the required standard of reasonableness not being discretionary but mandatory, that imperative duty cannot by a rule be transformed by the governor into a discretionary function. no disciplinary authority ..... put himself in the situation of the government servant and after making a judicious estimate of the problem confronted by an unaided defence, transfer the weight generally in favour of representation. experience reveals that as a rule counsel assists and does not obstruct and that a tribunal who is in too ..... it might involve expenditure of more thought, attention and time necessitated by aspects elucidated by counsel. 61. the narrowness of the concept on which the standards suggested for the state rest being thus sufficiently apparent, it becomes plain that every relevant factory must influence the decision of the disciplinary authority which .....
Tag this Judgment!Court : Karnataka
Reported in : 1970CriLJ292
ORDERNarayana Pai, J.1. The Ex-Officio Magistrate at Chikmagalur issued a notice dated 20-6-1964 to the petitioners under Section 112, Crl. P. C. calling upon them to show cause why they should not be ordered to execute a bond for Rs. 500/- with one surety each for a like sum of Rs. 500/- for a period of one year to keep the peace. The said notice was issued by the Magistrate on receipt of a report from the Police. On receipt of the notice, the petitioners appeared before the Magistrate and contended that the information disclosed was insufficient to take any action under Section 112 and connected Sections and that the Magistrate should discharge the notice. Thereupon, the Magistrate called upon the Police to furnish further particulars, on receipt of which he issued a second notice, also purporting to be under Section 112, Crl. P. C. on 18-12-1965.2. The petitioners, contending that the said procedure was irregular or illegal, moved the Sessions Judge at Chickmagalur to report the mat...
Tag this Judgment!Court : Karnataka
Reported in : 1972CriLJ1663
ORDERK. Jagannatha Shetty, J.1. The petitioner who is the Manager of the State Bank of Mysore. Madhugiri Branch was prosecuted for an offence under Rule 8 of the Mysore Shops and Commercial Establishments Act (hereinafter referred to as the Act read with Rule 26 of the Mysore Shops and Commercial Establishment Rules hereinafter referred to as the Rules.2. The case of the prosecution was that when the Labour Inspector. Madhugiri Circle inspected the Bank he found that the Manager did not maintain the Leave with Wages Register in form No. F and, therefore the Labour Inspector filed a charge-sheet against the petitioner on 22-8-1969 on the ground that he the petitioner) had contravened Rule 8 of the Rules and therefore liable for punishment under Rule 26 thereof.3. The accused pleaded not guilty to the charge. The Labour Inspector was examined as PW. 1. Relying on his evidence the learned Magistrate was of the opinion that the offence was proved and therefore he convicted the accused unde...
Tag this Judgment!Court : Karnataka
Reported in : 1971CriLJ1261
ORDERM.S. Nesargi, J.1. In this petition, the State has contended that the sentence passed by the Munsiff-Magistrate, Chittapur on the respondent on 17-3-1970 in C. C, No. 165/3/70, is not according to law.2. The few facts necessary for a decision in this case are as follows:A charge sheet was filed against the respondent alleging that at about 11 a.m. on 24-12-1969 the respondent was found in possession of two bottles each containing 650 M. L. of illicitly distilled liquor and as such he had committed an offence punishable Under Section 34 of the Mysore Excise Act, 1965 (hereinafter referred to as 'the Act'). On the respondent being produced before the learned Magistrate, the learned Magistrate put the substance of the accusation to the respondent as follows:It is alleged by the prosecution that you were found in possession of I. D. Liquor of two bottles and same was seized under a panchanama. Show cause why you should not be convicted Under Section 34, Excise Act.The respondent state...
Tag this Judgment!Court : Karnataka
Reported in : 1972CriLJ1654
M. Santhosh, J.1. The seventeen petitioners before this Court have been committed to the court of Session at Kolar to take their trial by the learned Special first Class Magistrate. Chickballapur in C. C. No. 852 of 1970.2. On a complaint filed by one Ramachandrappa against these petitioners alleging that they had committed offences under Sections 143. 147. 148 and 324 read with Section 149 of the Indian Penal Code. The learned Magistrate took cognizance of the case and examined six witnesses on behalf of the complainant. Then he recorded the statements of the petitioners-accused and heard arguments, and framed charges against them under Sections, 143. 147. 148 and 324 read with 149 of the I. P.C. Thereafter on the ground that there is a counter-case filed against the complainant's party the learned Magistrate committed the petitioners to the Sessions Court for trial so that the case may be tried along with the counter-case that was pending against the complainant's Party relying on a ...
Tag this Judgment!Court : Karnataka
Reported in : 1972CriLJ1661
ORDERM.S. Nesargi, J.1. This petition is directed against the order dated 5-8-1971 passed by the Sessions Judge South Kanara Mangalore. in Miscellaneous Case No. 10 of 1971 dismissing the application filed by the petitioner under Section 520 of the Cr. P.C. against the order passed by the Additional Munsiff cum Magistrate Buntwal on 6-2-1971 in C. C. No. 1039 of 1970.2. At about 3.00 A. M. on 25-1-1969 the police attached to Food Mobile Squad seized a lorry bearing registration No. MYX 5403 and found that it was transporting 75 quintals of boiled rice in 100 gunny bags. They seized the said lorry on suspicion, that provisions of Mysore Fooderains (Regulation of Transport of Foodsrains) Order, 1966. had been contravened. They registered a case in Crime No. 33 of 1969 for offences under the provision of the said order and Sections 3 and 7 of the Essential Commodities Act. The fooderains were produced before the Deputy Commissioner. South Kanara. under Section 6-A of the Essential Commodi...
Tag this Judgment!Court : Karnataka
Reported in : [1974]34STC553(Kar)
..... conditions of the contract, could be effectuated only when the goods were exported. it is true that the final settlement of accounts between the parties is dependent upon the final weight and analysis obtained by the m. m.t. c. on their sales to foreign importers. it is also true that there is a clause entitling the m. m. t ..... the sellers by the bank. the method of payment shall be as determined by mutual agreement. the balance by cheque on final settlement of accounts on the basis of final weight and analysis determined according to clauses (1)(ii) and (2) above. (4) (i) sales tax, if legally leviable on sales under this contract, shall be reimbursed by the ..... the price on the said basis against presentation of the documents. the balance 15 per cent was agreed to be paid on the final settlement of accounts and on final weight and analysis determined according to clauses (1)(ii) and (2) of the contract. all charges for weighment at cuddalore port were to be shared equally by the buyers .....
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