Karnataka Court November 1951 Judgments
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T.A. BashiruddIn Vs. State of Mysore
Court: Karnataka
Decided on: Nov-08-1951
Reported in: AIR1952Kant88; AIR1952Mys88
Mallappa, J.1. This petition is under Article 134(1)(c) of the Constitution of India for the issue of a certificate by this Court that this is a fit case for appeal to the Supreme Court.2. The petitioner, T.A. Bashiruddin Ahmed, was convicted of offences under Section 161 I. P. C. and Section 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1948, and his son the second accused in the case was convicted of abetting the said offences. On appeal, the convictions of both the persons under both the Sections have been confirmed but the sentence in the case of the first accused is reduced to six months' rigorous imprisonment for each offence, sentences being ordered to run concurrently. However, the sentence of fine with respect to the offence under Section 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act is set aside but with respect to the offence under Section 161 I.P.C., is confirmed.3. The petitioner was the Rent Controller, an officer of the grade ...
Rangamma Vs. Rangamma and ors.
Court: Karnataka
Decided on: Nov-08-1951
Reported in: AIR1952Kant121; AIR1952Mys121; ILR1952KAR190; (1953)31MysLJ148
Balakrishnayya, J.1. This is a decree-holder's appeal. She filed Execution Case No. 26 of 48-49 for enforcement of the decree for maintenance against the charged properties. Judgment-debtor 4 pleaded that the application is barred by time. Both the lower Courts have upheld his plea and dismissed the application. This appeal is filed against the order of the first appellate Court.2. The facts leading to the case, briefly stated, are as under. In O. S. No. 245 of 40-41, filed by the plaintiff, a decree was passed exprate on 10-1-1942 against all the defendants for a sum of Rs. 600/- being arrears of maintenance claimed and future maintenance was awarded at Rs. 125/- per annum; the decree amount was made a charge on the plaint schedule properties. Subsequently, defendant 1 applied to the Court for setting aside the ex parte decree and the decree was set aside only as against defendant 1 leaving the decree intact as against the others. The plaintiff and defendant 1 then entered into a comp...
K.M. Abdul Subhan Vs. S. Ramaiah
Court: Karnataka
Decided on: Nov-05-1951
Reported in: AIR1952Kant90; AIR1952Mys90
Vasudevamurthy, J.1. The plaintiff brought a suit in the Court of the Additional Subordinate Judge, Chikmagalur, for the recovery of Rs. 10,000/- as damages or compensation in respect of an attachment before judgment obtained by the defendant on certain timber. The Subordinate Judge has decreed the suit for Rs. 5930/- and the defendant has appealed.2. The plaintiff's case is that on 18-9-1946 the defendant, with the intention of causing trouble and loss to the plaintiff and in order to lower him in the estimation of others, had got wrongfully attached before judgment certain timber of the plaintiff worth about Rs. 23,800/- and that he had obtained that order on the strength of an affidavit containing a false allegation that the timber belonged to one Savandappa against whom he had filed a suit in the same Court for damages. The plaintiff had entered into an agreement with one Puttappa to deliver to him 3000 C. ft. out of those logs before the end of September 1946, that he could not fu...
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