Court : Karnataka
Reported in : AIR1958Kant184; AIR1958Mys184; (1958)36MysLJ150
S.R. Das Gupta, C. J. 1. This application relates to the validity of an order made by the learned Judge who decided an election case By which he ordered that the election of the petitioner be set aside and respondent 1 be declared duly elected. The matter arises in this way :The election in question was held on 3-6-1957, to Ward No. 5 of the Athani Municipality, Belgaum District. On 5-6-1957, the scrutiny was made and the results were declared. The petitioner was declared elected along with two others, it being a three-seated constituency. Respondent 1 before us, applied to the District Judge, Belgaum on 12-6-1957, for setting aside the election and for an order that he should be declared elected.The grounds taken by the respondent in his said application inter alia were that there were corrupt practices committed in the said election and there was partiality of one Kulakarni who was the Chairman of the Municipality and the Chairman of the scrutiny committee. It was also alleged that c...
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant1; AIR1959Mys1; ILR1958KAR288; (1958)36MysLJ580
Hombe Gowda, J.1. The appellant Basappa has been convicted of an offence under Section 211 of the Indian Penal Code for having falsely charged Basappa, son of Muruliah and nine others of Doddametikurke village in Arsikere Taluk of having committed the murder of one Basappa of the same village on the evening of 1-10-1952, by the learned Sessions Judge, Mysore Division in Hassan Sessions Case No. 4 of 1956 and sentenced to undergo simple imprisonment for six months and also to pay a fine of Rs. 100/- and in default to suffer simple imprisonment for a further period of one month.2. The relevant facts are as follows One Basappa, son of Maruliah. a resident of Doddame-tikurke village in Arsikere Taluk was found murdered in front of Anjaneya Temple of the village at about 10 P.M. on 1-10-1952. The appellant Basappa appeared before the Patel of the village and lodged information to the effect that Basappa, son of Maruliah and nine others of the village, who bore illwill against the deceased m...
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant72; AIR1960Mys72
S.R. Das Gupta, C.J.1. The Petitioner before us is a public limited company operating bus service. Pursuant to a notification published by the State Transport Authority, which is the 2nd respondent before us, under Section 57(2) of the Motor Vehicles Act calling for applications for the grant of a bus permit in the route Harihar-Agumble, the Petitioner and 23 other persons made applications for the grant of such permit. On 17-4-1956 on scrutiny of all the applications made before it the State Transport Authority rejected the application of the petitioner and of some of the other applicants as not being in the prescribed form.The said authority retained the applications of 11 persons whose applications they held were in the prescribed form. On 3rd July 1957 the State Transport Authority communicated its said Order to the Petitioner. Thereafter the Petitioner appealed to the Government, Pending the hearing of this appeal the State Reorganisation Act came into operation on 1-11-1956 and t...
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant62; AIR1959Mys62; ILR1958KAR500; (1958)36MysLJ794
A.R. Somnath Iyer J.1. On 21-6-1956, the Regional Transport Authority, Shimoga, called for applications under the provisions of Section 57 (2) of the Motor Vehicles Act for the grant of a stage carriage permit to run bus services on four routes, and fixed a date for the receipt of those applications. One of those routes was a route between Sagar and Bhatkal. It was stated in that notification that the Chairman, Regional Transport Authority, would receive these applications in connection with the proposal mentioned in that notification; and that proposal was to run bus services on the routes mentioned in that notification under reciprocal arrangements between the States of Mysore and Bombay. In response to that notification, the petitioner, respondent 2 and another who is not a party to this writ petition, presented their applications which, it is not now disputed, were applications for the grant of a permit to run a bus service between Sagar and Bhatkal. After the receipt of those appl...
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant158; AIR1959Mys158; 1959CriLJ746
ORDER1. The respondent before me filed Order P. No. 117/1956 before the Court of the District Munsiff of Puttur, South Kanara, under Seections, 195and 476 of the Code of Criminal Procedure, praying that the Court may be pleased to make a complaint against the petitioners before me for offences-said to have been committed by them under Sections 193, 209, 467 and 471 read with Sections 34 of the Indian Penal Code.2. The allegations in support of this application are that a certain lease deed, on the strength of which Original south No. 391/1952 was filed by the second petitioner before me against the respondent in the District Munsiffs Court of Puttur, was fabricated by the first petitioner in connivance with the other petitioners and that he also made petitioners 3 and 4 to give false evidence in support of it. The suit had been dismissed on the finding that the lease deed in question was false.This petition was filed on 26-10-1956. Notice-returnable 19-11-1956 was issued to the respond...
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant65; AIR1959Mys65; 1959CriLJ347; (1958)36MysLJ744
ORDERA. Narayana Pai, J.1. This revision petition raises an intricate point regarding the interpretation and effect Of Section 198-B of the Code of Criminal Procedure introduced for the first time by the amending Act XXVI of 1955. There is only one reported decision of a single Judge of the Bombay High Court dealing with this Section and that is found reported in C.B.L. Bhatnagar v. The State, : AIR1958Bom196 . The observations made in that judgment are relied upon by both sides in support of their respective contentions, although the decision itself does not finally conclude the controversy now before me for decision.2. The undisputed facts may be stated briefly. In the wake of the reorganization of States in 1956 there were some disturbances in Belgaum in consequence of which orders were issued under Section 144 of the Criminal Procedure Code and also under Section 37(1) of the Bombay Police Act by the District Magistrate of Belgaum. Breaches of these orders were committed or attempt...
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant181; AIR1961Mys181; ILR1960KAR211
Somnath Iyer, J. 1. The petitioner was employed by the Guledgud City Municipality on March 19, 1939 as a Naka Rakhavaldar on salary of Rs. 13/- per month. In the year 1941, he was transferred as a Sanitary Mukadam in the Sanitary Department of the same Municipality. 2. On December 16, 1943, be was accused or having used service stamps for a communication addressed on behalf of the Municipality to a Municipal Councillor whereas he should have used only the ordinary postage stamps. He having been found guilty of such misuse of those service stamps, was dismissed from, service. 3. By an order made by the Chief Officer on April 29, 1944, be was again appointed as a Sanitary Mukadam in the same Municipality on a pay of Rs. 15/- per mensem, with effect from May 1, 1944. The petitioner was directed to join the post on that date and take charge of it. 4. The petitioner joined that appointment and appears to have made a representation to the Municipality that he should be given his salary for t...
Tag this Judgment!Court : Karnataka
Reported in : [1959]10STC531(Kar)
ORDERDas Gupta, C.J. 1. The only question raised in this petition is whether or not it was competent for the Board of Revenue to transfer proceedings pending before it for restoration of review petition, which was dismissed for default, to the Commissioner of Commercial Taxes. 2. The matter arises in this way :- The petitioner before us was subjected to an assessment order made for the year 1953-54 by the Sales Tax Officer, Bellary. Against that order he filed an appeal to the Deputy Commissioner of Commercial Taxes. That appeal failed. He thereupon filed a revision petition to the Mysore Board of Revenue. That petition was filed in the year 1956. On 12th February, 1957, the said petition was dismissed. Thereafter he filed a review petition before the said Board of Revenue. The said petition for review was dismissed on 23rd August, 1957, for default. The petitioner thereupon filed a petition for restoration of his review petition. This restoration application was filed on 14th Septembe...
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant310; AIR1960Mys310; ILR1960KAR892
ORDER(1) This revision petition relates to a suit brought by the petitioner for the cancellation of two sale deeds executed in favour of respondents 1 and 2.(2) That suit was originally instituted in the District Court, Payaga, in the erstwhile state of Hyderabad. But, after the abolition of the Jahgirs, the suit was transferred to the Court of the Subordinate Judge, Bidar. On March 6, 1953, the suit was dismissed by that Court on the technical ground that the suit was brought on behalf of the plaintiff, who although, a major was represented to be a minor. From that decree, the plaintiff appealed to the High Court of Hyderabad and when that appeal was still pending in the High Court of Hyderabad, there was the reorganisation of states which took place on November 1, 1956. (3) Under the provisions of Section 62(2) of the States Reorganisation Act, such proceedings pending in the High Court of Hyderabad, as were certified by the Chief Justice of that High Court, having regard to the plac...
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant65; AIR1960Mys65; (1960)ILLJ210Kant
S.R. Das Gupta, C.J.(1) The Petitioner before us was by an order of the Government of Mysore dated 4th February 1957 appointed as Principal, B. Education. Training College, Gulbarga. The said order of appointment reads as follows:'Sri Ramachandra M.A., M.Ed., Lecturer, Government Teachers College, Gulbarga, is appointed as Principal, B.Ed., Training College Gulbarga. He will be on probation for one year with effect from the date he takes charge of the post.'The said B.Ed., Training College, Gulbarga was originally affiliated to the Osmania University. Prior to the appointment of the Petitioner as the Principal of the said College the 2nd respondent who was the Inspector of Schools, Gulbarga, was acting as Principal. On the 25th July 1956 the Government of Hyderabad issued a notification whereby the method of recruitment and qualification for the post of Principal, B.Ed., Training College was prescribed.As the 2nd Respondent did not possess the prescribed qualifications for the said pos...
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