Court : Karnataka
Reported in : AIR1965Kant244; AIR1965Mys244; (1968)1MysLJ159
Hegde, J. (1) Common questions of law arise in these petitions. But for convenience sake we shall first take up for consideration W.P. No. 1653/63, The results of the other two writ petitions depend on the result of this writ petition. (2) W.P. No. 1653 of 1963: The petitioners herein were serving in the Revenue Department in the State of Madras till 1-11-1956. They were allotted to the new State of Mysore on the date of the States Reorganisation. Even before the States Reorganization they had been temporarily appointed as Deputy Tahsildars, but by the date of the States Reorganization, they had been reverted to a lower rank for want of posts of Deputy Tahsildars. The Ist petitioner was again appointed as Deputy Tahsildar on 12-12-1957, the 2nd and 3rd petitioner on 1-4-58 and the 4th petitioner on 25-7-58. Ever since then, they have continuously acted as Deputy Tahsildars till the date of filing of this petition. The 7th and 8th respondents, prior to the Reorganization of States, were...
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant167; AIR1966Mys167
Sadasivayya, J. (1) The petitioner is the same person in all these three petitions. He had been granted by the State Government of Madras, a prospecting licence in respect of 200 acres of land in an area known as the N.E.B. Range, Sandur Hills, Karadikolla Forest Range. This area is situated in Sandur Taluk of Bellary District. (At the time when he obtained the prospecting licence in respect of the 200 acres, Bellary District formed part of the former State of Madras. Subsequently, when the Andhra State Act come into force, this part of the Bellary District became integrated with the former State of Mysore. After the reorganisation of the States, the petitioner obtained from the State of Mysore a mining lease (under an order dated 17-9-1957), in his favouring respect of the said 200 acres. (The blue print of the sketch which the petitioner had attached to his application for a mining lease, has been produced by the Government Pleader and has been marked as Exhibit R-8; this sketch show...
Tag this Judgment!Court : Karnataka
Reported in : [1967]37CompCas511(Kar)
Chandrashekhar, J.1. These five appeals arise out of the order of the learned company judge (Narayana Pai J.) [1964]34 Comp. Cas. 34.in misfeasance proceedings against the directors and officers of a banking company by name. The Supreme Bank of India Ltd., taken on an application of the official liquidator during the course of its winding up proceedings. 2. Respondents Nos. I to 7, namely, S.G. Pant Balekundri, S.K. Samant, P.A. Tendolkar , D. R Angolkar, L.S. Ajagaonkar, R.W. Porwal and R.N. Kalghatgi , in the proceedings before the learned the company judge , were the directors of the bank while respondents Nos. 8 to13 were its officers and respondent No. 14, the auditor of the bank, During the pendency of the misfeasance proceedings, respondents Nos. I.4,II and 14 dies. The learned company judge held that the misfeasance proceedings could not be continued against the legal representatives of these four deceased respondents and dismissed the application as against those legal represe...
Tag this Judgment!Court : Karnataka
Reported in : ILR1966KAR418; (1969)IILLJ171Kant
ORDERHegde, J. 1. The petitioner, who is a Circle Inspector of Police, challenges in this writ petition, under Art. 226 of the Constitution, the validity of the rule in the Mysore Police Service (Recruitment) Rules, 1965, prescribing that for being promoted as a Deputy Superintendent of Police from the cadre of Circle Inspectors, the officer concerned should not have completed 52 years at the time the question of his promotion comes up for consideration. Further he seeks a writ of mandamus from this Court to respondent 1, directing it to promote him as Deputy Superintendent of Police from the date his immediate junior was promoted to that post. 2. Prior to 1 November, 1956, the petitioner was serving in the former State of Coorg. As a result of the Reorganization of States, he was allotted to the new State of Mysore. In his parent State, there was no age restriction in the matter of promotion of an Inspector of Police as a Deputy Superintendent of Police. After Reorganization of States...
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant267; AIR1966Mys267; (1966)1MysLJ265
Hegde, J. (1) The petitioner who is a Circle Inspector of Police, challenges in this writ petition, under Article 226 of the Constitution, the validity of the rule in the Mysore Police Service (Recruitment) Rules 1965, prescribing that for being promoted as a Deputy Superintendent of Police from the cadre of Circle Inspector, the Officer concerned should not have completed 52 years at the time the question of his promotion comes up for consideration. Further he seeks a writ of mandamus from this court to Respondent No. 1 directing it to promote him as Deputy Superintendent of Police from the date his immediate junior was promoted to that post.(2) Prior to 1-11-1956, the petitioner was serving in the former State of Coorg. As a result of the reorganisation of States, he was allotted to the new State of Mysore. In his parent State, there was no age restriction in the matter of promotion of an Inspector of Police s a Deputy Superintendent of Police. After re organization of States, the no...
Tag this Judgment!Court : Karnataka
Reported in : [1966]18STC154(Kar)
Somnath Iyer, J.1. The petitioner before us in these two cases is a company known as the Mysore Kirloskar Limited which is a manufacturer of agricultural implements and other machine tools. This company was carrying on a business in the sale of agricultural implements in the Gadag and Hubli areas, in which, at the relevant point of time, the Bombay Sales Tax Act, 1953 (Bombay Act III of 1953) was operating. After these two areas became part of the new State of Mysore under the States Reorganisation Act, the Commercial Tax Officer functioning under the Mysore Sales Tax Act, 1957, issued notices intimating the petitioner that he proposed to commence proceedings under sub-sections (6) and (7) of section 14 of the Bombay Sales Tax Act in Writ Petition No. 308 of 1964 and under sub-sections (6) and (7) of section 14 and section 15 of that Act in Writ Petition No. 309 of 1964. In Writ Petition No. 308 of 1964 which relates to the Gadag area, the petitioner was informed that since he had fail...
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant127; AIR1968Mys127
Somnath Iyer, J.(1) At the instance of the Hubli Municipal Borough which has now become the Hubli-Dharwar Municipal Corporation, a preliminary notification was made by the Government of the new State of Mysore on March 14, 1960 under S. 4 of the Land Acquisition Act (Central Act I of 1894) stating that 21 lands in the village of Unkal in the District of Dharwar were likely to be acquired for a public purpose, namely, for a timber depot. A declaration under S. 6 that the lands were required for a public purpose was made on September 11, 1963.(2) The three petitioners before us who are the owners of one of the lands proposed to be acquired bearing resurvey No. 37 measuring 3 acres and 8 guntas question these proceedings and ask us to quash the preliminary notification under S. 4 and the declaration under S. 6. The grounds on which this challenge is made are these:(a) that the acquisition was not made for a public purpose; (b) that the Hubli-Dharwar Municipal Corporation, which will be re...
Tag this Judgment!Court : Karnataka
Reported in : (1969)IILLJ441Kant; (1966)2MysLJ333
Somnath Ayyar, J.1. The challenge in these two writ petitions is to a circular issued by the Conservator of Forests. Belgaum Circle, on 19 March 1964 by which he directed that in respect of all departmental buildings in the occupation of employees in the Forest Department in his circle, rent should be recovered in accordance with the Mysore Civil Service Rules, 1958, from 1 April 1958. That circular also directed that the rent to be so recovered should be 10 per cent of the pay in all except those whose pay is Rs. 50 and below, a month.2. The petitioner in Writ Petition No. 777 of 1964 are range forest officers and the petitioner in Writ Petition No. 780 of 1964 is a forester. Their contention is that although they were in occupation of a building belonging to the Forest Department, they are not liable to pay any rent.3. It is pointed out to us by Sri Datar appearing for the petitioners that under note 3 to rule 850 of the Bombay Civil Services Rules made by the Governor of Bombay unde...
Tag this Judgment!Court : Karnataka
Reported in : AIR1967Kant225; AIR1967Mys225
ORDER1. The petitioners in these three writ petitions were holding the substantive post of a police constable in the State of Bombay. But they were officiating until October 26, 1956 as wireless operators in that State. R.R. Kulkarni who is the petitioner in W.P. No. 347 of 1964 was appointed to so officiate on September 4, 1956; V.S. Bhandari, the petitioner in W. P. 348 of 1964, was so appointed on April 18, 1966 and joined duty on July 16, 1956; and V.L Mirajkar, the petitioner in WP. 2538 of 1965 was so appointed on July 12, 1956. But by an order made by the Superintendent of Police (Wireless) of the Bombay State in Poona, these three persons were reverted as police Constables.2. On October 31, 1956, under Section 115(2) of the States Reorganization Act the Central Government allotted all those persona who. immediately before they were allotted, were civil servants in the State of Bombay in the four districts which became part of the new State of Mysore, to the service of the new S...
Tag this Judgment!Court : Karnataka
Reported in : [1968(17)FLR37]; (1967)IILLJ137Kant; (1967)1MysLJ208
Somnath Ayyar, J.1. The petitioner was an Apiarist in the former State of Mysore in the pay-scale of Rs. 150-15-300. In the year 1952 his post was made a Class II post. After his allotment to the new State of Mysore under the provisions of the States Reorganization Act, the pay-scales in respect of posts in Class II in the new State of Mysore were revised. Except in the case of the petitioner, every Class II post carried a pay-scale of Rs. 225 rising to Rs. 500 in the department of Agriculture. This revision was made on 25 January, 1957.2. On 13 April 1960, on a request for elucidation made by the Accountant-General, Government declared that the posts in Bombay Agricultural Service, Class II, should be equated and placed as Class II posts in the new Mysore State, and that all Class II officers of the Bombay, Madras, Hyderabad and Coorg areas shown in the provisional inter-State seniority list be allowed the scale of pay of Rs. 225 rising to Rs. 500. The relevant part of the Government ...
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