Court : Karnataka
Reported in : AIR1962Kant169; AIR1962Mys169
Somnath Iyer, J. (1) There seven writ petitions concern the validity of an acquisition proceeding in which a land situate in Marain Timmasagar, in Hbli, to the extent if a little more than four acres, was proposed to be acquired under a preliminary notification published under section 4 of the Land Acquistion Act in June 7, 1956, its supplemented by a final notification published on October 12, 1956, and amended by yet another notification published in June 30, 198. The award in those Acquistion proceedings was made on March 21, 1961. On March 22, 1961, the City Survey Officer issued a notice to the petitioners before us, calling upon them to deliver possession of the acquired land to the State Transport Department on April 25, 1961. In there application which were pretended to this Court on April 20, 1961. We are asked to restrain the City Survey Officer and Tahslider, hebli, from taking delivery of possession of the acquired property, and to quash the award made by the Collector, on ...
Tag this Judgment!Court : Karnataka
Reported in : [1963]33CompCas713(Kar)
1. This is an application under section 460(6) of the Companies Act, 1956, by the petitioning creditor in the main petition questioning the correctness of the decision of the liquidator embodied in his order dated November 13, 1961, admitting the claims of the workmen of the company for preferential payment of amounts due on account of such items as notice-pay compensation, for retrenchment, etc. 2. Originally, the claims of workers had been examined by the liquidator on the basis of four proofs, two by individual employees, one by Rangiah purporting to act o behalf of 242 workers, and the lost by Mohamed Peer purporting to act on behalf of 1,129 workers. The liquidator did not entertain the claim of one of the individuals. No further question arises about it. The rest of the claims have been examined by him. He made an order in respect thereof on September 7, 1960. There was an appeal against the order to the company court, being Creditor's Appeal No. 8/61 preferred by Mohamed Peer. T...
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys49
A.R. Somnath Iyer, J.1. By consent of parties Writ Petition No. 1367 of 1961 is treated as also being on the cause list today for hearing.2. In these fifteen cases we are principally concerned with the constitutionality of the Mysore Motor Vehicles (Taxation on Passengers and Goods) Act, 1961 (Mysore Act No. 10 of 1961) which was a law made by the Legislature of the new State of Mysore to provide for the levy of tax on passengers and goods carried in stage carriages and public carrier vehicles in the State of Mysore. This Act received the assent of the President on May 31, 1961, although it is admitted that at the stage when the bill was introduced or moved in the Legislature of the State, the previous sanction of the President had not been obtained. Under the scheme of this enactment, the constitutionality of which is impugned by the petitioners, a tax on passengers, luggage and goods carried in stage carriages as defined by the impugned Act and a tax on goods carried by public carrie...
Tag this Judgment!Court : Karnataka
Reported in : AIR1962Kant266; AIR1962Mys266; ILR1962KAR396
Hombe Gowda, J.(1) This reference under 54(1) of the Mysore Stamp Act ( which corresponds to S. 57 follow the Indian Stamp Act) has been made by the Chief Controlling Revenue Authority (Commissioner of Stamps in Mysore) referring certain questions raised therein for the decision of this Court under Sec 54(2) of the Act in the following circumstances: The manager Director of Sri Ramakrishna Theater, Udipi, South Kanara executed a document in favour of Canara Industrial and Banking Syndicate for a consideration of Rs. 20.000/-. The said document was drawn up on a stamp paper of Rs. 1-50. When the said document was presented before the Assistant Register of Joint Stock Companies, he impounded the same and held that the document was a mortgage deed chargeable with a stamp duty of Rs. 300/- under Art, 33 (b) of Schedule 1-A, of the Indian Stamp Act as amended by the madras Stamp Act of 1922. On being called upon by the Assistant Registrar recorded a certificate on the document under S. 42 o...
Tag this Judgment!Court : Karnataka
Reported in : [1963]47ITR958(KAR); [1963]47ITR958(Karn)
Hegde, J. 1. The assessee was a resident of the former Coorg State which became a part of the new Mysore State on November 1, 1956. The relevant accounting year with which are concerned in this petition is the financial year 1957-58. Prior to the reorganisation of states, agricultural income-tax in the Coorg State was being levied under the Coorg Agricultural Income-tax Act. That Act continued to be in force till it was repealed by the Mysore Agricultural Income-tax Act, 1957 which came into force on October 1, 1957. Section 3(1) of the Mysore Agricultural Income-tax Act provides : 'Agricultural income-tax at the rate or rates specified in Part 1 of the Schedule to this Act shall be charged for each financial year commencing from the first April, 1957, in accordance with and subject to the provisions of this Act, on the total agricultural income of the previous year of every person.' 2. There is no dispute that the new State of Mysore had legislative competence to enact the Mysore Agri...
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys161
B.M. Kalagate, J.1. The suit out of which this appeal arises was Instituted by the respondent-plaintiff claiming Rs. 71,200/- as damages for the injury sustained by him in a bus accident causes by the negligence of the appellants-defendants. The trust Court awarded him Rs. 35,200/- as damages, and hence this appeal by the defendants.2. The plaintiff instituted the suit (Special Jurisdiction Civil Suit No. 5 of 1954) in the Court of the Civil Judge Senior Division, Karwar, against the defendants. The Bombay State Road Transport Corporation is defendant 1, and defendant 2 is its driver.3. It is the plaintiffs case that on 29th March 1954 defendant 1 used the Passenger Bus No. BYL 9436 for carrying passengers from Hubli to Ankola. Defendant 2, the diver, was put on duty to drive the said bus. The plaintiff was one of the passengers in that bus. According to the plaintiff, the bus was not roadworthy even before it left Hubli. Its right front spring was not in proper order and had been dama...
Tag this Judgment!Court : Karnataka
Reported in : ILR1962KAR609; [1962]13STC940(Kar)
ORDERHegde, J. 1. These are connected petitions. They are filed by the same assessee. W.P. 555/62 relates to the sales tax levied for the assessment year 1956-57, W.P. 556/62 relates to the sales tax levied for the period commencing from 1st April, 1957, and ending with 30th September, 1957. W.P. 574/62 relates to the sales tax levied for the assessment year 1955-56. 2. In these petitions under Article 226 of the Constitution, the assesses-petitioner has prayed that we may be pleased to quash the orders passed by the Commercial Tax Officer, Dharwar. As against the orders passed by the said Commercial Tax Officer, he has not gone up in appeal to the authorities constituted under the Bombay Sales Tax Act. Till 1st October, 1957, the Bombay area of the Mysore State was governed, in the matter of sales tax, by the provisions of the Bombay Sales Tax Act, 1953. A uniform sales tax law in the new Mysore State was introduced for the first time on 1st October, 1957. The impugned assessments wer...
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys202; ILR1962KAR828
Govinda Bhat, J.1. These are petitions under Article 226 of the Constitution by two Civil Servants of Class III and Class IV of the Mysore State Civil Services, for issue of Writs of Mandamus. The substance of the relief prayed for, which is rather vaguely worded, is that the respondent State of Mysore should be directed to fix uniform pay-scales for all their civil servants without discrimination, so that the new pay scales do not fall below the level of the scales applicable to the Civil Servants allotted from Bombay or Hyderabad.2. The petitioner in Writ Petition No. 385/1960 joined as a Second Division Clerk in about 1950 and the petitioner in Writ Petition No. 316/1960 joined service on 1st July 1956 as a peon in the Government Secretariat of the former State of Mysore. On the formation of the new Mysore State under the States Re-organization Act, 1956, hereinafter referred to as the Act, all Civil Servants in the employment of the former Mysore State and Coorg and a part of the s...
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys303
Somnath Iyer, J.1. This is the second occasion on which the announcement of the names of successful candidates by the Mysore Public Service Commission under the provisions of the Mysore Munsiffs (Recruitment) Rules, 1958 which will be referred to as the Rules is under impeachment before this Court. Those Rules were made by the Governor in the exercise of the power conferred on him by Article 234 of the Constitution. The conduct of a comprivate examination for the selection of the most suitable persons for appointment as Munsiffs was the main purpose of these Rules.2. Rule 6 directed the Mysore Public Service Commission which will be referred to as the Commission to conduct for that purpose a comprivate examination consisting of a written examination and a viva voce examination. The written examination was held on two days in 1960 and the viva voce examination commenced on March 1, 1961 and continued until March 10, 1961. On May 22, 1961 the Commission published a list of those candidat...
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys77; 1963CriLJ306; ILR1962KAR848
H. Hombe Gowda, J.1. These two Criminal Appeals by the State are against two separate orders of acquittal passed by the First Class Magistrate, Virajpet, in S. T. R. 571 of 1961 and S. T. R. 1464 of 1961 respectively and involve the determination of the same question, viz., whether the failure of the Magistrate to give reasons for his order of acquittal in a case tried summarily under Section 264 of the Code of Criminal Procedure amounts to an illegality which vitiates the trial, hence they have been heard together and this judgment will govern both of them.2. In S. T. R. 571 of 1961 the charge against accused was that he was found in possession of two bottles which contained 16 drams of arrack without a permit and had thereby committed an offence punishable under Section 3(1) (a) of the Coorg Prohibition Act. In S. T. R. 1464 of 1961 the accusation against the respondent was that he was found moving in the streets of Virajpet having consumed arrack and in a state of intoxication on 24...
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