Court : Karnataka
Reported in : AIR1951Kant57; AIR1951Mys57
ORDERVasudevamurthy, J.1. This revn. petn. is against the order of the Subordinate Judge, Chickmagalur in Mis. Appl. no. 4 of 1949-50, confirming the order of the Mansiff Chickmagalur dismissing I. A. No. 6 in O. S. No. 220 of 1947-48 on his file. This appln. was filed under Order 23, Rule 3, C. P. G. for recording a compromise said to have bean arrived at between the parties.2. The pltf. filed a suit for recovery of monies alleged to be due by the deft. The suit was contested; issues were framed & the case posted for trial The parties are then said to have referred their dispute in this pending an it to both their respective counsel for decision & the latter appear to have given a decision. The deft, (sic) thereupon made an appln. I. A. no. 5 for having that decision recorded as amounting to a compromise or settlement of the suit between the parties. The deft, op-posed the appln. Evidence was recorded thereon & the parties gave varying versions in the matter. The learned Muniff rightl...
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant72; AIR1951Mys72
Venkata Ramaiya, J.1. These are applns. filed under Article 226, Constitution of India, for issue of writs of certiorari calling for records & quashing the proceedings in Crim, case Nos. 1 & 2 of 1948. 49 on the file of the Ct. of the Sp. J, Tumhur & writs in the nature of habeas corpus directing the release of petnrs. from detention. The two cases referred to arise out of disturbances which occurred on 1-3-1949 in the shandy of Sira, a Town in Tumkur District, from a clash between Hindus & Muscleman's resulting in the death of a Jamedar, grievous hurt to a Police Inspector & injuries to others. It is alleged in the affidavits filed in support of the petns. that charge sheets for offences under Sections 302, 326, etc., I. P. C., were presented on 9-4-1949 in the Ct. of the Sp. First. Clasa Mag, Madhugiri, by the Police against the petnrs. that by a Notn dated 22 4-1949, the Govt. of Mysore constituted the Ct. of the Special J. Tumkur, under Section 2 of the Sp. Criminal Courts Act, 194...
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant111; AIR1951Mys111; (1952)30MysLJ20
1. The question before us at present in this second appeal is as to the amount of court-fee payable on the memo of appeal. The pltfs. filed a suit for redemption of a mortgage with possession evidenced by a deed of mortgage for Rs. 800. They claimed to do so as purchasers of the mortgaged properties from defts. 1 to 6. Deft. 7, who is the appellant before us, pleaded that the pltfs. were not entitled so to redeem as the sale in their favour was nominal & collusive & was not meant to convey any title at all & that he himself had subsequently purchased the properties from defts. 1 to 6 in pursuance of a prior agreement of sale of which the pltfs. had notice. He also pleaded that he had spent monies for re-building & improving the first item mortgaged which is a house, as it had fallen down, that he had also paid some taxes & that in any event he was entitled to receive these sums aggregating Rs. 3,506-8-0 before the pltfs. could redeem him. The pltfs. paid a court-fee of Rs. 80 on the pl...
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant141; AIR1954Mys141
ORDER1. This is a petition filed under Article 226 of the Constitution of India for issue of a writ of certiorari to call for the records and quash the declaration made by the Registrar under Section 28 of the Mysore Labour Act. The declaration was to the effect that the announcement by the petitioner to close for a certain date some departments of work carried on in the Amco Factory and dispense with the services of the employees in those branches was a lock-out which for want of notice as required by Section 10(1) of the Act was illegal.2. The main contention urged on behalf of the petitioner is that the Standing Order No. 16 provides for temporary closure of the work in certain contingencies and since the Standing Orders including this have been registered, it is not open to the employees to complain against suspension of work or to the Registrar to question the legality of it; the Registrar having found that the notice issued by the petitioner is on conformity with the standing Ord...
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant36; AIR1951Mys36; ILR1951KAR396; (1952)30MysLJ165
Balakrishnaiya, J. 1. This appeal arises from a suit filed by the plaintiff, the appellant before us, for recovery of as. 1,800 alleged to be due on a registered hypothecation deed dated 18-7-1931 executed by defendant 1 in favour of defendant 3 who is the brother of the plaintiff. The suit hypothecation debt is averred to have been allotted to the share of the plaintiff in the family partition. Defendant 9 is the only contesting defendant who denied all the plaint averments except the fact that he is in possession of the property. He pleaded that the schedule property is the self-acquisition of the father of defendant 1 who sold the same to him under a registered deed dated 10-11-1937 and that in a suit, O. S. No. 724 of 42-43, filed by the plaintiff, it was decided that the suit property was the self-acquisition of defendant 1's father and defendant 1 had no right to alienate it and that decision was confirmed in S. A. No. 481 of 45 46 by this Court. The said decision operates as res...
Tag this Judgment!Court : Karnataka
Reported in : AIR1951Kant34; AIR1951Mys34
Yasudevamurthy, J. 1. The accused who has appealed to this Court hag been convicted for an offence under Section 489-C, Penal Code and sentenced to rigorous imprisonment for three years by the 3rd Additional Sessions Judge, Bangalore Division. The case against him was that he was found in possession of 81 counter, feit ten rupee currency notes on 23-10-1948. The learned Sessions Judge has found that the notes in question are counterfeit. The same is not seriously disputed before us and is amply established by the evidence of P.W. 10, Coin and Currency Expert attached to the C. I. D. Mad. ras and who has been trained in the Bombay Mint and Nasik Currency Press. The appearance of the notes also makes it clear that they are not genuine and though a few of them are quite crude imitations, quite large number of others look very similar to genuine notes. 2. The Sessions Judge has also found that the accused must be held to have been in possession of these notes with a view to use them as gen...
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