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N.K. Upadhyaya Vs. the State of Mysore and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKarnataka High Court
Decided On
Case NumberCriminal Petn. No. 332 of 1965
Judge
Reported inAIR1966Mys202; 1966CriLJ924; (1965)2MysLJ630
ActsDefence of India Rules, 1962 - Rules 30, 30-A(4), 30-A(6), 30-A(7) and 30-A(8); Defence of India Act, 1962 - Sections 3(15) and 40(2)
AppellantN.K. Upadhyaya
RespondentThe State of Mysore and ors.
Excerpt:
.....with controller and high court . refusal to transfer suit to high court is therefore improper. indian designs act,2000 -- section 19 & 22: [n. kumar,j] remedies under sub-section (4) of section 22 defence set out by the defendant under section 19 trial court refusing to transfer the suit to the high court finding of the trial court, provisions of section 22(4) is not attracted held, though the civil court has been vested with the power and jurisdiction to decide the question of infringement, payment of damages and other reliefs, it has not been vested with the jurisdiction to cancel the registration of a design made under the act. the said power vests only with the controller and the high court. therefore, in a proceedings initiated by the registered proprietor for any of the..........commissioner bijapur, the second respondent is this petition, under rule 30 of the defence of india rules, 1962(hereinafter referred to as the rules). the order of detention is passed by the second respondent in exercise of the powers, delegated in him by the government of mysore under notification no. hd 221 sst 62 dated 20-8-1963 in exercise of the powers conferred on them by sub-section (2) of s. 40 of the defence of india act 1962(central act no. 51 of 1962). the order of detention is marked exhibit '1' in this case. this order was confirmed by the state government in exercise of the powers conferred on them by clause (a) of sub-rule (6) of r. 30-a, on the basis of the recommendation made by the reviewing authority constituted by notification no. hd 221 sst 62 dated 20-8-1963......
Judgment:
ORDER

(1) The petitioner is detained in the District Prison, Bijapur under the orders of detention dated 30-12-1964 passed by the Deputy Commissioner Bijapur, the second respondent is this petition, under Rule 30 of the Defence of India Rules, 1962(hereinafter referred to as the Rules). The order of detention is passed by the second respondent in exercise of the powers, delegated in him by the Government of Mysore under Notification No. HD 221 SST 62 dated 20-8-1963 in exercise of the powers conferred on them by sub-section (2) of S. 40 of the Defence of India Act 1962(Central Act No. 51 of 1962). The order of detention is marked Exhibit '1' in this case. This order was confirmed by the State Government in exercise of the powers conferred on them by clause (a) of sub-rule (6) of R. 30-A, on the basis of the recommendation made by the Reviewing Authority constituted by Notification No. HD 221 SST 62 dated 20-8-1963. This order of confirmation is marked Exhibit '6' is dated 15-3-1965. In exercise of the powers conferred by sub-rule (7) of R. 30-A of the Rules, the Government of Mysore directed the continuance of the order of detention dated 30-12-1964. A copy of this order is marked Exhibit '7'. The petitioner complains that his detention is arbitrary, capricious, mala fide and contrary to the provisions of the Defence of India Act and the Rules made thereunder.

(2) To appreciate the contentions of Sri. K. Subba Rao, the learned counsel for the petitioner, it is necessary to set out the orders passed by the first and second respondents against the petitioner. The order of detention dated 30-12-1964 reads as follows:--

No.POL-CD-SR-1

Bijapur 30-12-1964


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