Karnataka Court November 1954 Judgments
B. Chikkannaswamy and ors. Vs. Hayat Khan
Court: Karnataka
Decided on: Nov-22-1954
Reported in: AIR1955Kant38; AIR1955Mys38
1. The property concerned in this case, a piece of wet land, was mortgaged with possession in favour of the defendant by its former owners under two deeds of mortgage Exs. C dated 13-5-1953 and VII dated 30-6-34, for Rs. 350/- and Rs. 400/- respectively. Later on, under two documents Exs A and XI dated 29-4-41 and 5-4-41, they sold the property to the plaintiff. Subsequently' the plaintiff executed two sale deeds Exs II and III dated 12-5-41 in favour of the defendant by which the defendant's mortgage debt was discharged and the plaintiff received some monies in order to make up the full purchase money. Those two deeds remained unregistered though they were handed over to the defendant. The plaintiff brought a suit in the Court of the Munsiff of Nanjangud for redeeming the defendant in respect of his mortgages and for possession of the property and mesne profits after depositing in Court Rs. 750/- being the mortgage amount due to the defendant in respect of the a'foresaid two mortgages...
Tag this Judgment!V. Thimma Reddi and ors. Vs. Dammur Gangamma
Court: Karnataka
Decided on: Nov-19-1954
Reported in: AIR1955Kant46; AIR1955Mys46
ORDER1. This petition arises out of an order passed by the District Judge, 'Bellary. directing the District Munsiff to lodge a complaint against the petitioners under Section 476, Cr. P. C., for offences under Sections 193, 209, 463, 465 and 467. I. P. C. The District Munsiff before whom a petition had been filed under Section 476, Cr. P. C., had dismissed it on the ground that no prima facie case was made out to impel him to take action. 2. The facts leading to the said petition are as under: The petition in O. P. 4/49 from which this petition arises, was filed before the District Munsiff by the 1st defendant in O. S. 145/48 of that Court. The said original suit was filed against her for the recovery of the amounts due on a pronote dated 16-5-45 for Rs. 2000/- alleged to have been executed by the late Thimma Reddy, her deceased husband. The defendant having opposed the claim, the trial Court dismissed the suit for the reason that the pronote was not genuine. The pronote bore genuine s...
Tag this Judgment!C.G. Sastry Vs. B.V. Patankar and ors.
Court: Karnataka
Decided on: Nov-18-1954
Reported in: AIR1955Kant35; AIR1955Mys35
ORDER1. This petition is filed under Articles 132 and 133 of the Constitution of India by the petitioners for issuing a certificate to prefer an appeal to the Supreme Court against, the order of this Court in R. A. 195/51-52, relating to execution proceedings.2. Briefly stated, the relevant facts necessary for appreciation of the points raised in this petition are these ; Late M.P. Viswanatha Rao, the manager of a Joint Hindu family pf himself and has sons (the petitioners) leased out a family property in Bangalore, to the respondent under, a registered deed of lease dated 3-2-1941, for a period of ten years certain and the lease to commence from 1-5-1941 coupled with an agreement reserving an option to the respondent to renew the lease after the expiry of the original period. The lessor died on 25-1-1945. Soon after this, the petitioners filed a suit in O. S. 66/45-46 on the file of the Court of the District Judge, Bangalore, for the relief that the lease effected by their father was ...
Tag this Judgment!In Re: Malayara Seethu
Court: Karnataka
Decided on: Nov-09-1954
Reported in: AIR1955Kant27; AIR1955Mys27; 1955CriLJ372
1. The appellant has been convicted of an offence under Section 312, I. P. C., for having caused miscarriage on or about 30-11-1952 to a girl Ammayya and sentenced to rigorous imprisonment of two years and to pay a fine of Rs. 300/- with a direction that in default of payment she should suffer R. I. for a further term of six months. The girl Ammayya, who was accused 2 in the case, was also convicted of the said offence and her mother and brother who were accused 3 and 4 respectively were found guilty of abetment of the said offence. All the four accused were similarly charged with having committed an offence under Section 315, I. P. C., but have been acquitted of the same on the ground that the intention to prevent a child being born alive or of causing the child to die after its birth by thrusting a stick into the womb of A-2 was not made out. There is no appeal against this acquittal or against the convictions of A-2, A-3 and A-4 so that what has to be considered in this appeal is on...
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