Karnataka Court July 1953 Judgments
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B. Krishnappa Vs. Bengalore City Co-operative Bank Ltd. and anr.
Court: Karnataka
Decided on: Jul-30-1953
Reported in: AIR1954Kant59; AIR1954Mys59
Venkata Ramaiya, J.1. The order which the petitioner wants to be quashed by this Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, relates to his removal from the membership of the Bangalore City Co-operative Bank, Ltd., Bangalore.The petitioner became a member of the said Bank about 15 years back and in his zeal to promote the interests of the Bank questioned from time to time the propriety of the acts of the Directors in managing the affairs of the Bank and subjected them to proceedings under the Cooperative Societies Act before the Registrar and his Assistants. The remission by the Directors of portions of the debts due by one Sri Kodandaramaiah and some others was an instance of this kind. His objection to the remission was upheld by the Assistant to the Registrar as well as the Registrar and finally by the Government.Thereafter the petitioner was served with a notice stating that a special General Body Meeting would be convened at the request o...
In Re: Thipperudrappa and anr.
Court: Karnataka
Decided on: Jul-30-1953
Reported in: AIR1954Kant53; AIR1954Mys53
Venkata Ramaiva, J.1. The two appellants have been convicted under section 326 and sentenced to undergo R. I. for 8 years and 6 years respectively. The facts which may be taken to be established by the evidence are that one Kotrappa was beaten in a field near the village Chickamadapura, Challakere Taluk, on the morning of 13-1-1952, moved to the village in a cart within a short time and expired about an hour or two later. In Exhibit P-9 the earliest report of the occurrence the accused are mentioned to be the assailants and this is supported by the evidence of P. W. 14. The direct evidence to show that it is the accused who assaulted Kotrappa is only that of P. W. 14. P. Ws. have said that Kotrappa himself when questioned about the injuries shortly before his death attributed these to beating by accused.One of the witnesses says that the accused were running on the road near the place where Kotrappa was lying injured. From the medical certificate Exhibit P-6 it is seen that accused 1 s...
B. Himantharaju Setty Vs. Corporation of the City of Bangalore
Court: Karnataka
Decided on: Jul-28-1953
Reported in: AIR1954Kant145; AIR1954Mys145
1. The plaintiff brought a suit in the Court of the Subordinate Judge, Civil Station, Bangalore, for the recovery of Rs. 6750/-. His suit was dismissed and he has come up in appeal. 2. The facts of the case which are not in dispute are as follows: At a public auction held by the defendant Corporation in respect of certain building sites, one H. V. Sriranga Setty was the highest bidder for one of the sites, his bid being Rs. 15,200/-. Before the commencement of the auction, he had deposited a sum of Rs. 100/- as required by one of the conditions Of sale. Immediately after the auction he paid a further sum of Rs. 4000/- to cover 25 per cent. of the purchase money, through a cheque issued by the plaintiff. He had to pay the balance of the purchase money within 15 days from the date of confirmation of the sale on 30-7-1946, even before the sale was formally confirmed, Sriranga Setty wrote Ex. C wherein he stated that as he was a permanent resident of Saklespur it was not possible for him t...
M.S. Avadhani Vs. State of Mysore and ors.
Court: Karnataka
Decided on: Jul-23-1953
Reported in: AIR1954Kant18; AIR1954Mys18
Vasudevamurthy, J. 1. The petitioner offered himself as a candidate for election to the Town Municipal Council, Hiriyur, and was declared duly elected at the elections on 12-3-1952. On 5-5-1952 there was an election for choosing a President of the Council and the petitioner stood as a candidate and was declared duly elected then also. Thereupon he appears to have entered upon his duties as President. Subsequently on 20-8-52 respondents 3 to 5 who are described as three other Municipal Councillors made an application to the Government purporting to be under Section 14, Mysore Town Municipalities Act, 22 of 1951, praying that the Government should declare that a vacancy had arisen in regard to a Municipal Councillorship of the 11th Division of the town out of which the petitioner had been elected and seeking his removal from the office of the President. On that application the Minister for Public Health and local Self-Government passed an order on 19-1-53 holding that Sri M. S. Avadhani,...
S. Sundara Rao Vs. B. Appiah Naidu and anr.
Court: Karnataka
Decided on: Jul-07-1953
Reported in: AIR1954Kant1; AIR1954Mys1
Venkata Ramaiya, J.1. The appellant is a judgment-debtor who has failed in both Courts in his contention that the decree, execution of which, is sought by respondent 1, is inexecutable. The decree is for payment of money by the appellant and another. It was passed in the Court of the First Munsiff, Bangalore, on 28-8-1932 and transferred on the application of the decree-holder, more than once to the Court at Mysore where the appellant resides. The first order for transfer was made on 7-6-1935 in Execution Case No. 1048 of 34-35, the second was On 22-7-1938 in Execution Case No. 1092 of 37-33, the next one was in Execution Case No. 949 of 40-41 on 14-10-1941. After this, Execution Case No. 643/41-42 was filed in the First Munsiff's Court Mysore, for executing the decree but dismissed on 29-5-1942 on account of non-payment of process. Transfer of the decree was again applied for in Execution Case No. 547/42-43 on the file of the First Munsif, Banealore, and obtaining order for the same o...
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