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Karnataka Court October 1953 Judgments

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Oct 28 1953

Sarode Vithoba and anr. Vs. Madanlal Lalchand and Co. and ors.

Court: Karnataka

Decided on: Oct-28-1953

Reported in: AIR1955Kant29; AIR1955Mys29; ILR1954KAR327; (1956)34MysLJ2

1. One Bastimal filed a petitionthat Eswara Rao who is indebted to him shouldbe declared an insolvent.In the course of the proceedings the Official Receiver was appointed an interim Receiver on 26-3-1949 in I. C. 19 of 48-49 on the file of the Subordinate Judge, Bangalore. He was directed to take charge of the properties of the first respondent (debtor). Accordingly the Receiver took possession of some machinery belonging to - the debtor kept in a rented house belonging to the appellant, locked it and sealed the premises on 29-3-1949. He was thus in possession of the premises from that date till the articles were sold.2. It has to be observed that the order of adjudication was passed on 24-8-51. The first respondent in this Court claimed that the moveables had been mortgaged to him under a registered document. He however agreed that they may be sold free of the encumbrance provided that the net proceeds were to be paid towards the adjustment of what was due to him as a secured creditor...


Oct 06 1953

In Re: Ranga and ors.

Court: Karnataka

Decided on: Oct-06-1953

Reported in: 1954CriLJ632

Venkata Ramaiya, J.1. The appellants who are 9 in number are involved in a case of rioting and murder. All of them have been convicted under Section 302 read with Section 34 or 149, I. P. C. for the murder of one Puttaranga Naika and sentenced to transportation for life and also of an offence under Section 147, I. P. C. and sentenced to rigorous imprisonment for a period of two years with a direction that the sentences should run concurrently. Appellants 1, 2 and 3 have been in addition convicted under Section 148 and sentenced to undergo rigorous imprisonment for three years the said sentence being directed to run concurrently with the other sentences imposed upon them.All these offences are found to have been committed on 27-2-1951 in a village called Honganur in Chamarajanagar Taluk, when what was apparently a boyish prank or innocent mischief of two boys, sons of accused 4 and 9, in causing water used for washing a buffaloe in a pond to fall on the members of the pariwara community...


Oct 05 1953

T. Adinarayana Setty Vs. Special Land Acquisition Officer, Bangalore

Court: Karnataka

Decided on: Oct-05-1953

Reported in: AIR1954Kant71; AIR1954Mys71

Medapa, C.J.1. The facts of the case leading up to and relevant for the disposal of this appeal, briefly stated, are as follows. The Appellant purchased Survey No. 19 of Jakkasandra village, Bangalore North Taluk, in the year 1935 and after paying the requisite fine for converting the same into building sites secured the necessary sanction of the Government on 20-10-39. The Appellant next applied to the Bangalore Municipality for the sanction of a private lay out on 24-2-1940 and obtained the sanction on 31-3-1944. Portions of this land before its conversion as building sites were acquired by the Government for the purpose of putting up a maternity home and a school in 1937 and 1939 respectively. The Appellant after the conversion of the land into building sites, applied to the Municipality for a licence for putting up a building and constructed a house on a portion of the land and leased out the same on a rent of Rs. 50/- per month. Later he sold several sites at rates varying from Rs...


Oct 05 1953

In Re: Rangiah

Court: Karnataka

Decided on: Oct-05-1953

Reported in: AIR1954Kant122; AIR1954Mys122

1. The appellant-accused was tried by the Sessions Judge, Bangalore Division, for an offence under Section 302, I. P. C. but was convicted under Section 323, I. P. C. and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default to undergo rigorous imprisonment for a further period of three months. The case against him was that on the evening of 8th June 1952 ho committed murder of one Rajagopal by squeezing his testicles near a mango garden beyond the limits of the Tumkur town. Of the three assessors, two were of the opinion that the accused was guilty while the third was doubtful. 2. The learned Sessions Judge fully believed the occurrence. He held that the accused had waylaid the deceased Rajagopal and had assaulted him and used criminal force against him by squeezing his testicles as a result of which he died in his house a few hours later. He found that the motive which prompted the accused to assault Rajagopal was clearly established by eviden...


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