Karnataka Court September 1953 Judgments
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L.K. Siddappa Vs. Lalithamma
Court: Karnataka
Decided on: Sep-30-1953
Reported in: AIR1954Kant119; AIR1954Mys119
ORDER1. One Lalithamma filed a complaint in the trial Court against the petitioner, Siddappa, alleging that false documents were got prepared notifying the celebration of marriage, between herself and the petitioner, who wilfully distributed the same to friends and relatives and also caused them to be published in the newspapers with intent to deceive and cause injury to her. The complaint was registered for offences under Sections 465 and 500, I.P.C. The petitioner having pleaded not guilty the trial Court found on evidence that the accused had committed an offence under Section 465, I.P.C., and sentenced him to one year R. I. and a fine of Rs. 1,000/-. The conviction and sentence were confirmed in appeal.2. The question for consideration is whether the documents in question amount to the commission of the offence, complained of. It is necessary for the discussion of the point raised to set out a few facts proved in the case. Exhibits P-1 and P-2 are printed marriage invitations issue...
Bayyappanavara Muniswamy and ors. Vs. State
Court: Karnataka
Decided on: Sep-24-1953
Reported in: AIR1954Kant81; AIR1954Mys81
Venkata Ramaiya, J.1. On the evening of 8-11-1952 one Venkataramanappa alias Appaiah aged about 43 years was murdered in front of his own house in Tirumalahally, a village situated at a distance of about 6 miles from Mulbagal and about 60 miles from Bangalore. Information of the murder reached the police Out Post at Tayalur shortly after and conveyed to the Sub Inspector at Mulbagal the same night. Investigation started on the following day and a charge sheet was placed on 25-11-1952 In the Magistrate's Court at Kolar against 9 men alleging commission of the offence of murder by some with the abetment of others amongst them. Of the 9 persons thus accused, the last has been absconding, the 3rd was discharged and the rest were committed for trial.The learned Sessions Judge acquitted Accused 2, 4 and 5, found Accused 1 guilty of committing the murder and sentenced him to death. Accused 6, 7 and 8 are convicted under Section 302 read with Section 109 I. P. C. and sentenced to transportatio...
T.B. Gavishappa Vs. Devatha Krishniah Setty and anr.
Court: Karnataka
Decided on: Sep-23-1953
Reported in: AIR1954Kant78; AIR1954Mys78
1. These four Second Appeals arise from a suit for injunction mandatory and permanent with respect to a wall, passage and flow of water through a drain. Plaintiff is the owner of the building Municipal No. 2/25 and defendants who are two brothers own the property No. 2/24 to the east of the building in Chickpet Bangalore City. To the east of plaintiff's building and close to the wall there is a lane through which a drain is laid to serve as an outlet for all the refuse water of his house. For construction of two opposite rows of shops leaving some space between the two, after demolition of the existing shops at the southern end of No. 2/24 defendants obtained license from the City Corporation and for the purpose of the said construction girders are placed on the eastern wall of No. 2/25 causing some damage to it. The construction, if allowed to proceed, will lead to the disappearance of the existing drain and its being substituted by a new one in the passage provided for between the tw...
Kempe Gowda and ors. Vs. the State of Mysore
Court: Karnataka
Decided on: Sep-22-1953
Reported in: AIR1954Kant58; AIR1954Mys58; ILR1953KAR622; (1955)33MysLJ179
ORDER1. The petitioners who are six in number have been convicted under Section 151, I. P. C. for having refused to go away when asked to do so by the Police Inspector on 31-12-52 and each sentenced to pay a fine of Rs. 5. The case was tried summarily and this is one of the grounds of objection to the conviction. From what can be gathered by a perusal of the judgment and the exhibits there is a dispute between the accused on the one hand and one Eregowda on the other about the ownership, possession or both of a land. Eregowda anticipating trouble by the accused being caused to his cutting the crops applied for police help and as apprehended accused went in a body to prevent Eregowda from removing the crop and refused to quit tile place as ordered by the Inspector. It is argued that Section 151, I, P. C. has been resorted to with a view to deprive the accused benefit of a trial in the ordinary manner by giving up the complaint alleging serious offences, that the order of the inspector w...
Deputy Commissioner of Sales Tax, Bangalore Vs. Dharmaprakasha S.V. Sr ...
Court: Karnataka
Decided on: Sep-10-1953
Reported in: AIR1954Kant51; AIR1954Mys51
Venkata Ramaiya, J.1. The Deputy Commissioner of Sales Tax, Bangalore, has under Section 16, Mysore Sales Tax Act referred the following Question in C. P. 64 of 52-53: 'Whether in respect of sale of artificial silk manufactured in foreign countries and imported to India, the petitioner is liable to pay Sales tax thereon after 19-11-1948 in view of Government notification No. F1. 4851-S. T. 1-48-26' 2. Substantially the same question has been referred by him in C. P. No. 73 and by the Commissioner of Sales Tax in C. P. 28/53. Arguments were addressed in common on the footing that the answer to be given in each case has to be identical. The claim for exemption from liability in all the cases is based on the interpretation of the terms of Clause (1) of the notification mentioned in the question. Clause (1) is as follows: 'In exercise of the powers conferred by Section 6 of the Mysore Sales-tax Act, 1948 the Government of His Highness the Maharaja is pleased to direct that (1) the sale of...
Deputy Commissioner of Sales Tax, Bangalore Vs. Dharmaprakasha S.V. Sr ...
Court: Karnataka
Decided on: Sep-10-1953
Reported in: ILR1953KAR614; [1954]5STC180(Kar)
Venkata Ramaiya, J. 1. The Deputy Commissioner of Sales Tax, Bangalore, has under Section 16 of the Mysore Sales Tax Act referred the following question in C.P. No. 64 of 1952-53 :- 'Whether in respect of sale of artificial silk manufactured in foreign countries and imported to India, the petitioner is liable to pay sales tax thereon after 19th November, 1948, in view of Government notification No. F1. 4851-S.T. 1-48-26'. 2. Substantially the same question has been referred by him in C.P. No. 73 and by the Commissioner of Sales Tax in C.P. No. 28 of 1953. Arguments were addressed in common on the footing that the answer to be given in each case has to be identical. The claim for exemption from liability in all the cases is based on the interpretation of the terms of clause (1) of the notification mentioned in the question. Clause (1) is as follows :- 'In exercise of the powers conferred by Section 6 of the Mysore Sales Tax Act, 1948, the Government of His Highness the Maharaja is pleas...
Abdul Razack Saheb and ors. Vs. Syed Abdul Jaleel Saheb and ors.
Court: Karnataka
Decided on: Sep-01-1953
Reported in: AIR1954Kant62; AIR1954Mys62; ILR1954KAR299
Vasudeva Murthy, J. 1. The Suit O. S. No. 69/48-49 on the file of the Additional District Judge, Bangalore, out of which this appeal arises, was brought for dissolution of a partnership and for taking of accounts of the same. The plaintiffs valued their claim in their plaint at Rs. 10,500/- under Section 4(iv)(f). Mysore Court-fees Act and paid Court-fee thereon. The defendants admitted the partnership but denied their liability to pay anything to the plaintiffs. They also pleaded that the latter it was who had failed to render proper accounts of the firm. A preliminary decree was passed on 19-8-1950 declaring that the firm should stand dissolved as from 19-3-48 and directing accounts to be taken. No appeal was filed against that preliminary decree.Subsequently, after taking accounts through a Commissioner, a final decree was made on 16-1-53 and the present regular appeal is filed against the final decree. By this decree the plaintiffs are directed to pay Rs. 17,591-5-4 to the defendan...
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