Karnataka Court March 1958 Judgments
In Re: Puttawwa
Court: Karnataka
Decided on: Mar-28-1958
Reported in: AIR1959Kant116; AIR1959Mys116; 1959CriLJ617
1. The Accused who is a widow has been convicted of an offence punishable under Section 302, I. P. C., for having killed her newly born child on the night of 19-3-1956 and sentenced to imprisonment for life. The learned Sessions Judge has also in view of the circumstances of the case, recommended that this was a fit case for Government to reduce the sentence to one year's rigorous imprisonment.2. It was brought to our notice at the commencement of the arguments in the case that Government has remitted the un-expired portion of the sentence of imprisonment. Sri M. Ramachandra Rao who appears on behalf of the Legal Aid Society for the appellant stated that nevertheless he was entitled to press his appeal. We do not entertain any doubts in the matter since a remission of sentence does not mean acquittal and an aggrieved party has every right to vindicate himself or herself.3. The prosecution case briefly stated is as follows:4. The accused lost her husband within a brief time after her ma...
Tag this Judgment!Doddamane Gurupadappa and ors. Vs. Hugulavalli Ranganna Gowda and ors.
Court: Karnataka
Decided on: Mar-20-1958
Reported in: AIR1959Kant38; AIR1959Mys38; (1958)36MysLJ469
S.S. Malimath, J. 1. This is an appeal by the plaintiffs who had filed O. S. No. 7 of 1947-48 in the Court of the District Judge at Shimoga, claiming possession of certain lands. Plaintiff 1 is the father and plaintiffs 2 to 6 are his sons. The lands in suit were the properties belonging to the joint family of all the plaintiffs. Plaintiff 1 had mortgaged them in favour of defendant 2. The latter obtained a decree in respect of that mortgage in O. S. 20/37-38 in the Court of the Subordinate Judge at Shimoga. He took out execution proceedings in Exn. 223/42-43 and again in Exn. 162/44-45 On 2-8-45 the properties were sold before Court when defendant 1 purchased them for a sum of Rs. 8,100/-. On 6-9-1945 the judgment-debtor filed a petition under Order XXI, Rule 90, C. P. C. on the ground of material irregularities in the publication and conduct of the sale. The petition was dismissed and the sale confirmed on 22-11-45. Thereafter the present suit was filed on 29-11-47. 2. According to t...
Tag this Judgment!R. Ranganna Vs. the Special Land Acquisition Officer, City Improvement ...
Court: Karnataka
Decided on: Mar-20-1958
Reported in: AIR1959Kant123; AIR1959Mys123
S.S. Malimath, J. 1. This is an appeal under Section 54 of the Mysore Land Acquisition Act, 1894, filed by Claimant No. 1, against the award passed by the Additional District Judged. Mysore, on 19-7-1952 in Misc. Case No. 62 of 1946-47. The property acquired consists of house properties hearing door Nos. 122, 122/1, 122/2 and 70 in Block No. 53, Devaraja Mohalla, Mysore. The Special Land Acquisition Officer estimated the fair market value of the properties at Rs. 12,500/-He awarded this amount together with statutory allowance at 15 per cent. On reference, the District Judge enhanced it to Rs. 33,600/-. He awarded the excess amount of Rs. 21,0007- together with the statutory allowance at 15 per cent., interest at 6 per cent per annum and costs. The appellant before us Claims an extra compensation of Rs. 16,555 together with statutory allowance of Rs. 2,483-4-0. The respondent (Special Land Acquisition Officer) has, however, filed cross-objections contending that the excess amount award...
Tag this Judgment!Deva Setty and ors. Vs. State of Mysore
Court: Karnataka
Decided on: Mar-20-1958
Reported in: AIR1959Kant170; AIR1959Mys170; 1959CriLJ751; ILR1958KAR192; (1958)36MysLJ625
ORDER1. The petitioners in this Revision Petition were the accused persons in Criminal Case No. 185/57 on the file of the First Class Magistrate, Hunsur and have been convicted by the learned Magistrate for an offence under Section 143 of the I. P. C., and each of the accused has been, sentenced to pay a fine of Rs. 10/- and in default to undergo simple imprisonment for a period of 10 days. The charge against the accused was that on 28-12-1956 they were the members of an unlawful assembly, the common object of which was by means of criminal force to take possession of a land lying in front of P. W. 1's house. 14 witnesses had been examined for the prosecution and a number of defence witnesses also had been examined.The charge-sheet which had been placed against the accused was in respect of certain other offences also, but the learned Magistrate charged them for an offence punishable under Section 143, I. P. C., and in regard to some of the accused he had framed a charge for an offence...
Tag this Judgment!Neelappa Yallappa Madiger Vs. State of Mysore by Its Chief Secretary a ...
Court: Karnataka
Decided on: Mar-11-1958
Reported in: AIR1959Kant210; AIR1959Mys210; (1958)36MysLJ644
H. Hombe Gowda, J.1. This is a petition under Article 226 of the Constitution of India praying for the issue of a Writ quashing the order dated 9-12-1957 passed by the State of Mysore confirming the order dated 16-9-57 passed by the Collector of Belagum in GB/PCII/APPL2, rejecting the application filed by the petitioner for a declaration that the election to the panchayat of Kerur Village. Taluka Chikodi held on 23-8-1957 as invalid.2. The election to the village panchayat committee of Kerur village was held on 23-8-1957. The petitioner and respondents 2 to 5 amongst others contested the election from Ward No. 3. Respondents 2 to 5 were declared elected and the petitioner was unsuccessful. The petitioner then presented a petition under Section 9 of the Bombay Village Panchayats Act to the Collector for a declaration that the election conducted on 23-8-1957 was invalid.The main ground urged by him in his petition was that the electoral roll had not been prepared and published by the Dep...
Tag this Judgment!C. Deva Sigamani Mudaliar and ors. Vs. Venkatasami and ors.
Court: Karnataka
Decided on: Mar-06-1958
Reported in: AIR1959Kant41; AIR1959Mys41; (1958)36MysLJ411
A.R. Somnath Iyer, J. 1. On September 13, 1934, a money decree was made in favour of one Venkataswami, who was the plaintiff in O.S. No. 31/32-33 on the file of the District Judge, Bangalore, against two defendants, Devashikhsymani Mudaliar and Varadaraja Mudaliar, All the parties to that suit are now dead. 2. On an application presented on December 16, 1941, that decree was being executed by the deceased decree-holder Venkataswami in Execution Case No. 82 of 1941-42. His prayer in those execution proceedings was that that decree should be transferred to the appropriate Court in Vellore for the decree being executed in that Court against certain properties belonging to the judgment-debtors and situate within that jurisdiction. Another application presented on September 9, 1946 for the execution of that decree by the deceased decree-holder Venkataswami was pending in the Court below in Ex. No. 135/46-47. Venkataswami the decree-holder died on December 20, 1948. 3. On November 15, 1949, ...
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