Karnataka Court February 1954 Judgments
M.P. Basappa Vs. Padasale Channappagowda and ors.
Court: Karnataka
Decided on: Feb-23-1954
Reported in: AIR1954Kant189; AIR1954Mys189
ORDER1. The petitioner applied under Section 9 of the Mysore Insolvency Act to have one Padasale Channappagowda, now deceased, and who will hereafter be referred to as the respondent declared or adjudged an insolvent. He has since died on 25-5-1953 leaving behind him respondents 1(a), 1(b) and 1(c), his sons as his heirs and legal representatives. The application was made on 1-4-1950. The petitioner alleged that the respondent owed him Rs. 1500/- and interest on a pronote dated 1-2-48 and that in order to defraud him and other creditors he had purported to execute a nominal and fraudulent sale deed for Rs. 2000/- on 10-12-49 of almost all his immoveable properties in favour of his friend and relation, one Sivalingappa. The petitioner wanted that transfer to be annulled among all his creditors.The respondent pleaded that the pronote was unsupported by consideration and was obtained from him by fraud, his signature being taken to some blank papers and that he was therefore not liable to ...
Tag this Judgment!M. Seshagiri Rao Vs. the State of Mysore
Court: Karnataka
Decided on: Feb-18-1954
Reported in: AIR1954Kant150; AIR1954Mys150
ORDER1. The petitioner has been convicted under Clause (o) of Section 56, Mysore Police Act, for having uttered abusive words in indecent language in a public street and sentenced to pay a fine of four annas. The case was tried summarily and in view of Section 263, Criminal P. C., the correctness of the conviction has to be mainly determined from the judgment in the case. Sri S.K. Venkataranga Iyengar, learned counsel for the petitioner, contended that according to the report made by the police, the offence alleged is one falling under Clause (r) of Section 56 which requires that the words uttered should not only be abusive and in a street but also intended or likely to cause breach of the peace, that since there is no finding that the words were intended or likely to cause it, the conviction is erroneous. Under Clause (o) mere use of indecent language is punishable. The word 'indecent' is not found in Clause (r). That the words attributed to the accused are indecent admits of no doubt...
Tag this Judgment!K.G. Mani Vs. J.H. Leutin
Court: Karnataka
Decided on: Feb-05-1954
Reported in: AIR1955Kant2; AIR1955Mys2
ORDER1. In O. S. 468 of 46-47 of the Court of the First Munsiff, Bangalore, the Respondent who was the plaintiff sued a firm of which the petitioner was alleged to be a partner with two others for recovery of money said to be due under a cheque. There is no mention in the pleadings of the person who signed the cheque. The petitioner was ex parte but the other two defendants contested the suit. Finally on 31-5-1943 the suit was dismissed for default of plaintiff's appearance. More than 4 years later on 15-7-1952 respondent filed an application under Sections 161, 152 and 153, Civil P. C., for amendment of the decree so as to make petitioner liable for payment of the amount claimed in the suit. The amendment has been allowed and correctness of this has been questioned in this petition for revision.2. The lower Court seems to be of opinion that the fact that petitioner was treated ex parte and that he dad not get it set aside is enough or makes it necessary to hold that the suit could not...
Tag this Judgment!Abdul Shakoor and anr. Vs. Custodian of Evacuee Property in Bangalore
Court: Karnataka
Decided on: Feb-04-1954
Reported in: AIR1954Kant152; AIR1954Mys152
Vasudevamurthy, J.1. The above two appeals are by two brothers Khan Saheb Abdul Ghani and Khan Saheb Abdul Shacoor against a common order dated 2-12-1952 passed by the Revenue Commissioner and Custodian of Evacuee Property in Mysore in Evacuee Property Case No. 12/51-52. The two writ petitions are by the same parties and are made under Article 226 of the Constitution of India and therein they have prayed that the same order of the Custodian may be quashed by a suitable writ.2. This case has had a chequered history to which it is necessary briefly to refer. Shortly afterthe partition between what is now known as the territory of India and Pakistan, the then Government of His Highness the Maharaja of Mysore being satisfied that circumstances existed which rendered it necessary to take immediate action to provide for the administration of evacuee property in Mysore and in exercise of the powers conferred by Sub-section (1) of Section 31 of the Government of Mysore Act of 1940. enacted Act...
Tag this Judgment!M. Ramamurthy Vs. State of Mysore
Court: Karnataka
Decided on: Feb-04-1954
Reported in: AIR1954Kant164; AIR1954Mys164
ORDER1. This is a revision petition against the judgment of the Principal Sessions Judge, Bangalore, in Criminal Appeal No. 75 of 1953 confirming the conviction under Section 292, I. P. C., but modifying the sentence passed by the Additional First Class Magistrate, Bangalore, in C. C. No. 10 of 1952-53.2. The petitioner-accused is the editor of a monthly journal known as 'Kama Kala'. The prosecution case is that the accused-petitioner is distributing and has put into circulation this monthly journal which contains obscene writings and pictures. Eleven copies of the journal of different months have been exhibited in the case and three witnesses were examined for the prosecution and according to them the journal contains obscene writings harmful to youngmen and women. On the other hand, the accused has examined two witnesses of whom one is Dr. Put-tanna, a retired Surgeon and who was the Principal of the Medical College and the other gentleman is the well-known author Sri Devadu Narasimh...
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