Karnataka Court August 1952 Judgments
Pedda and ors. Vs. the State of Mysore
Court: Karnataka
Decided on: Aug-29-1952
Reported in: AIR1953Kant41; AIR1953Mys41; ILR1953KAR69; (1954)32MysLJ83
1. The appellants, who were accused 1 to 7 in the lower Court, have been convicted of rioting and sentenced to three years rigorous imprisonment and some of them to further imprisonment for other offences found to be committed by them. Of the six charges framed in the case, No. 1 relates to rioting, No. 2 to the murder alleged to have been committed by Accused 2, 3, & 11, the third to an offence-under Section 302/149, I. P. C. by accused 1 to 7, 9 and 10, as members of the unlawful assembly, in pursuance of the common object of which accused 2, 8 and 11 murdered Basavanna Gowda. The other charges relate to tile individual acts committed by some of the accused, it is rather surprising that although the charges as framed by the Magistrate arc said to have been amended before the trial, there is no mention of the date in any of the charges on which any of the offences is alleged to have been committed. The omission is not material as it was well understood to be 23-9-1950 when the electio...
Tag this Judgment!Madam Naranappa Vs. P.D. Khurana
Court: Karnataka
Decided on: Aug-29-1952
Reported in: AIR1953Kant153; AIR1953Mys153; (1954)32MysLJ66
Balakrishnaiya, J.1. This appeal arises out of the execution proceedings in Ex. 274/47-48 before the District Judge, Bangalore. The facts of the case (as gathered from the pleadings and ``the arguments) are as under: The respondent filed a suit for the recovery of about Rs. 25,000/- against the son since deceased of the present judgment-debtor and attached before judgment the interest of the original defendant in the joint family properties. The original defendant having died during the pendency of the suit, the present judgment-debtor was impleaded as legal representative under Order 22. Civil P. C. The latter, after contesting the suit, finally entered into terms with the plaintiff, and the then parties to the suit filed a rajinama that the present defendant should pay to the plaintiff Rs. 15,000/- in two instalments and that the attachment originally effected on the interest of the deceased defendant should continue till payment. The Court accordingly passed a decree incorporating t...
Tag this Judgment!Subban Beigh Vs. Government of Mysore, by Assistant Sales Tax Officer, ...
Court: Karnataka
Decided on: Aug-14-1952
Reported in: AIR1953Kant19; AIR1953Mys19; (1954)32MysLJ148
ORDER1. In this case the petitioner has been convicted for non-payment of sales tax in accordance with the demand notice served on him.2. The main contention of the Petitioner is that he is a commission agent not liable to pay sales tax. It is on the other hand contended that under Section 22 of the Sales Tax Act, no order passed under the Act or the rules made thereunder by any assessing authority shall be called in question except in the manner provided by the Act itself. While it can be said that if the assessment is one made under the provisions of the Sales Tax Act, the correctness of the order cannot be questioned in any civil or criminal Court, it is clear that if the assessment is found to be not one made under the Act, there is no bar in Section 22 of the Act prohibiting civil or criminal courts from considering the correctness of the order as that section refers only to an assessment made under the Act.3. The first point that arises for consideration in this case is whether t...
Tag this Judgment!R.S. Ramakrishna and ors. Vs. K. Rajagopal and ors.
Court: Karnataka
Decided on: Aug-08-1952
Reported in: AIR1953Kant139; AIR1953Mys139
Vasudevamurthy, J.1. Plaintiffs 1 to 6 are the sons and plaintiff 7 is a daughter of defendant 4 and plaintiff 8 is his brother. The plaintiffs 1 to 7 have brought a suit for partition and separate possession of their 13/15th share in the plaint schedule four items of property consisting of about 172 acres of wet and dry lands situate in Gundulpet Taluk, for mesne profits for four years before suit aggregating Rs. 20,000/- and for recovery of Rs. 2000/- claimed as compensation in respect of some an cuts which are the source of irrigation for the suit lands ana which the defendants wantonly neglected to repair.2. The facts leading to the present litigation are briefly as follows: Defendant 1 filed a summary suit under the provisions of Order 37 R. I, Civil P. C., in the Court of the Subordinate Judge, Mysore, on the foot of a pronote executed by defendant 4 in his favour. Defendant 4 was allowed to contest that suit only on his furnishing security, which he did, by executing in favour o...
Tag this Judgment!V.S. Venkatachala Chetty Vs. Government of Mysore
Court: Karnataka
Decided on: Aug-01-1952
Reported in: AIR1953Kant18; AIR1953Mys18
ORDER1. The petitioner in this case has been convicted for non-payment of sales tax in accordance with the demand notice served on him within 21 days from the date of service.2. It is contended that the petitioner was not liable to any sales tax for the financial year 48-49 in respect of which the demand notice is issued. His turn-over for the financial year is admittedly below Rs. 10,000/-. The financial year 1948-40 consists of only eleven months. Even according to the Sales Tax Officer the turnover of the petitioner was above Rs. 9,000/-, but less than Rs. 10,000/-. Anyway it is contended that the petitioner could have filed an appeal provided in the Sales Tax Act, against the decision of the Sales Tax Officer and if necessary file a revision petition or could have had recourse to the provisions of Section 16 of the Sales Tax Act. The decision in -- 'Rama Iyer v. Govt. of Mysore', AIR 1951 Mysore 70 at p. 71, has been relied upon in support of the contention 'that it is not within t...
Tag this Judgment!Gurappa and ors. Vs. Government of Mysore
Court: Karnataka
Decided on: Aug-01-1952
Reported in: AIR1953Kant14; AIR1953Mys14; ILR1953KAR44; (1954)32MysLJ144
ORDER1. All the petitioners in this case have been convicted of an offence under Section 63 (4), Mysore Police Act, and sentenced to pay a fine of Rs. 100/- each, and in default to undergo simple imprisonment for one month. A-10 has, in addition, been convicted of an offence under Section 63(3) of the Mysore Police Act and sentenced to pay a similar amount of fine.2. The prosecution case is that the Police Inspector PW 1 got a search warrant, Ext. P-1, issued by the Assistant Superintendent of Police, Channapatna, as he had for some times past come to know that the house of A-10 was being used as a common gaming house. On the house being raided at 11-30 on the night of 15-6-1951, it was found that both the front and hind doors were bolted from inside, and the shuffling of the cards and the conversation showing that a game of chance was being played were heard. On entering the house it was found that the game was actually going on as some of the playing cards were in front of the player...
Tag this Judgment!K. Kariappa Vs. Government of Mysore
Court: Karnataka
Decided on: Aug-01-1952
Reported in: [1953]4STC94(Kar)
ORDER1. The petitioner in these two revision petitions is a dealer in fried-gram knows as 'Hurigadale' as has been mentioned in the charge-sheet itself. He has been convicted in C.C. Nos. 537 and 538 of 1951-52 on the file of the City Magistrate, Mysore, for failure to pay sales tax for the years 1948-49 and 1949-50 within 21 days from the date of service of demand notice. It is contended that the petitioner did not file an appeal against the demand notice under Section 14 of the Sales Tax Act and that he did not take any steps to question his liability to pay the sales tax under Sections 15 and 16 of that Act. 2. According to the prosecution, under Section 22 of the Act no assessment made under it shall be called in question in any Court save as provided in Sections 14 to 16 of the Act. It has however to be noticed at this stage that Section 6 of the Act makes it clear that the Government may by notification in the Official Gazette make an exception, or reduction in rate in respect of...
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