Court : Karnataka
Reported in : AIR1973Kant40; AIR1973Mys40; (1973)1MysLJ120
..... and automatically the said tenancy revives after the redemption of the mortgage and as a tenant he was entitled to the protection available under the mysore tenancy act, 1952, and now under the provisions of the mysore land reforms act (act no. 10 of 1962). the plaintiff pleaded in the alternative:(1) that there was no antecedent tenancy before the ..... said case went further and said that:--'even assuming that the mortgage and the lease could not co-exist, the lease which was dormant would spring into active life 9n the mortgage being redeemed, since it is not shown that the lease was either expressly or impliedly extinguished.'the above principle is. of course, based on ..... by the amending act (16 of 1957) that is. during the subsistence of the mortgage. it is not the case of the parties that there was an express surrender after the mortgage. therefore, there was an abeyance of the tenancy and it would spring into active life on the redemption of the mortgage.21. the learned counsel .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1973Kant34; AIR1973Mys34
..... aside the judgments and decrees of the courts below and remit the case to the learned civil judge with a direction to refer under amended section 133 of the principal act to the court the question whether the plaintiff is the tenant of the suit land. after receiving the finding of the court on that question, the learned civil ..... the plaintiff was the tenant of the suit land, their decision on that question has been subsequently rendered invalid and without jurisdiction in view of the provisions of the amendment act. consequently, the decrees made by the courts below, based on their finding on issue no. 1, should be set aside.25. in the result, we allow this appeal, ..... in the first instance, before one of us (sadanandaswamy. j.) and has been referred to a division bench under the proviso to section 6 of the mysore high court act, 1961 on the ground that the question of law involved in this appeal is an important one and that the decision thereon affects a large number of cases which have .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1973Kant228; AIR1973Mys228; (1973)1MysLJ127
..... under the statute itself and obtain the relief which he could have got under the statute, the legal representatives of the deceased tenant are deprived of the protection which their predecessor had as a statutory tenant. one need not however be surprised at this result because, the estate which devolves upon the legal representatives ..... pai was in the position of a statutory tenant. the protection which he had against being dispossessed by the landlord is the protection conferred upon him as a statutory tenant by the rent control act. that was personal to him. he could not transmit that protection to his legal heirs who answer the description of legal representatives ..... acquired the status of a statutory tenant because, in spite of the protection of his possession having been taken away by the termination of the contract of tenancy, that protection was continued in his favour by the provisions of the rent control act. the exact legal implication of such a situation is explained by the .....
Tag this Judgment!Court : Karnataka
Reported in : 1974CriLJ66; (1973)1MysLJ306
..... facts and circumstances of this case, we have no doubt that the petitioner even assuming for the sake of argument that he made the impugned statement, is well protected under section 197, cr. p. c.9. however, sri subbannachar contends that accused 1 is not a minister for health and he being the minister for ..... have been primarily and essentially enacted to protect such public servants. however, the protection also is extended to the facts of public servants where they may purport to act in the discharge of their duty to meet the administrative exigencies of the situation and may require such ..... in good faith in execution of official duties is never an offence in view of the exception engrafted in section 79, i.p.c. however, in practical life even honest public servants may commit mistakes while diligently discharging their official duties. honestly also they may err and expose themselves to prosecution. this section seems to .....
Tag this Judgment!Court : Karnataka
Reported in : (1974)IILLJ396Kant
..... viz., 'other additional remuneration, if any, paid at intervals not exceeding two months'.6. the term 'wages' has been defined thus in section 2(27) of the act:'wages' means all remuneration paid or payable in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes any payment ..... by the employer was not in pursuance of the terms of employment, express or implied, and consequently the said payment cannot be termed as ''wages' under the act,5. sri ranganna, learned counsel for the appellant conceded before us that the incentive payments nude by the company in the instant case is in no way different ..... hereinafter called 'the company') and declaring that the incentive payments made by the company to its employees under the incentive scheme are not 'wages' as defined under the act and that esi contributions are not to be levied on such payments.2. esi scheme was applied to the different units of the company in different years. the company .....
Tag this Judgment!Court : Karnataka
Reported in : 1979CENCUS50D
..... price. on this question also, the view taken by the supreme court in a.k. roy's case, is against the respondents. it was observed:section 4 of the act therefore provides that the real value should be found after deducting the selling cost and selling profits and that the real value can include only the manufacturing cost and the ..... the deputy collector was clearly erroneous.7. in a.k. roy v. voltas ltd. : 1973ecr60(sc) while considering the concept of wholesale market under section 4(a) of the act, this is what was observed therein:even if it is assumed that the latter part of section 4(a) proceeds on the assumption that the former part will apply only ..... of manufacturing and the method of selling articles in question. therefore, i shall straightaway proceed to consider the question. section 4 of the central excises and salt act, 1944 provides:4. where under this act, any article is chargeable with duty at a rate dependent on the value of the article, such value shall be deemed to be- (a) the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant91; ILR1974KAR765; 1974(1)KarLJ432
..... (iii) the compensation awarded for damage to the car, was also excessive. 5. elaborating his first contention, mr. bopanna urged that under section 110 of the act, the tribunal has jurisdiction to award compensation for only bodily injury or death resulting from an automobile accident and that the tribunal has no jurisdiction to award compensation for ..... shall have no jurisdiction to entertain any question relating to such claim.' 9. even if there was any doubt or ambiguity as to whether section 110 of the act, as it stood before it was so amended, conferred jurisdiction on the claims tribunal to adjudicate on a claim for compensation for damage to property in an ..... bodily injury suffered by him but also for damage to his property, namely, the car. as stated earlier, sub-section (1) of section 110 of the act has conferred on the claims tribunal jurisdiction to adjudicate on a claim for compensation for damage toproperty arising out of an accident involving death or bodily injury.12. thus .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1974KAR598; 1974(1)KarLJ446
..... continue the proceedings. in my judgment, the case on hand cannot be an exception to these principles, in the absence or any provision in the motor vehicles act giving protection to a bona fide transferee of the vehicle with or without knowledge of the suspension of the registration certificate.5. mr. hegde made a fervent appeal to the ..... against the transferor, for suspending the registration certificate.4. with great respect, i am unable to agree with the principle stated therein. section 33 of the motor vehicles act, 1939, confers power on any registering authority to suspend the certificate of registration of a vehicle, if it is satisfied that the vehicle,'(a) is in such a ..... a period of thirty days by the senior regional transport officer, south kanara, in exercise of his powers under section 33 (1) (b) of the motor vehicles act, 1939.the petitioner is in an unfortunate position. the vehicle in question was not made use of for committing any offence after he purchased the same. the said .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant84
..... that house and stored grains in it. it was held that the intendment of clauses (b) and (c) of clause (1) of section 60, civil procedure code is that protection should be given to the real tillers of the soil who depend upon agriculture for their living and that there should be a nexus between the agricultural implements etc., on ..... when the house in his occupation is sought to be sold in execution of a decree against him. it is the intention of the legislature to afford this protection to agriculturists in order that agricultural operations may be continued to be carried on by them at the place where they reside and it cannot be denied that interruption ..... public policy. their lordships referred to the absence of any prohibition of transfer of a residential house belonging to an agriculturist under section 60 of the transfer of property act or elsewhere. they also referred to the right of a mortgagee, in the case of a mortgage by conditional sale of a house belonging to an agriculturist, to .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant5; ILR1974KAR1485; 1975(1)KarLJ79
..... of such an opportunity, he has opined thus:'i had privilege of observing the demeanour of this person koterayaswamy. he is normal, he appears to understand normal things of life. he appears to be not an educated person, but he is a worker attending to the field work and the domestic affairs. he even states that a marriage has ..... , in which a layman can do, that there is a real ground for supposing that there is something abnormal in her mental condition which might bring her within the lunacy act.'9. in sarjug singh v. gulabo kuer : air1969pat33 , a learned single judge of the patua high court, after a review of many decisions bearing on the point, ..... have declared that he is 'lunatic'. the above is undoubtedly an accurate statement of the policy underlying the precaution enjoined by the legislature in the various provisions of the act as a preliminary condition to the final exercise of jurisdiction by the court in declaring a person as a lunatic, and i am inclined to consider the present case .....
Tag this Judgment!