Karnataka Court October 1959 Judgments
B.V. Huchappa Vs. N. Venkataswamy and ors.
Court: Karnataka
Decided on: Oct-29-1959
Reported in: AIR1960Kant172; AIR1960Mys172; 1960CriLJ964
Sadasivayya, J.(1) The question which arises for determination in this Criminal Petition is as to whether the petitioner is entitled under sub-s(3) of S. 417of the Commissioner. P. C. To apply for special leave to appeal from the order of acquittal which has been passed by the First Class Magistrate, Doddaballapur, in Criminal Case No. 12 of 1958 on the file of his Court. In that criminal case, the Police of Dodbelavangala had placed a charge-sheet against the accused persons, for offences under Ss. 454, 451, 427 and 379 I.P.C. The Magistrate has passed an order of acquittal under sub-s. (11) of S. 251-A of the Cr.P.C.Having regard to the fact that it was the Police that had placed the charge-sheet before the Magistrate, the High Court officer entertained a doubt as to whether the present petitioner could under S. 417(3) of the Commissioner. P. C., ask for leave to appeal. The Hon'ble Admission Judge before whom the papers had been placed, ordered that it may be posted for orders on th...
Tag this Judgment!State of Mysore Vs. Udipi Co-operative Milk Society Ltd. and anr.
Court: Karnataka
Decided on: Oct-29-1959
Reported in: AIR1960Kant80; AIR1960Mys80; 1960CriLJ494
Hegde, J. (1) The respondents were tried and convicted by the learned Additional First Class Magistrate, Karkal, in Criminal Case No. 407 of 1956, for an offence under Section 16(1) read with Section 7 of Prevention of Food Adulteration Act (Act 37 of 1954), which shall be hereinafter called 'the Act'. Each one of them was sentenced to pay a fine of Rs. 100/- and in default to undergo simple imprisonment for one month. But their convictions and sentences were set aside by the learned Sessions Judge, South Kanara, in Criminal Appeal No. 28 of 1957 on his file. The State has come up in appeal against that order of acquittal.(2) The first respondent is the Udipi Co-operative Milk Society, Ltd., and the second respondent was a servant under the first respondent during the relevant time. On 31-5-1956 P.W. 1 (M. Sheena Shetty) the Sanitary Inspector of Udipi Municipality found the second accused (respondent 2) going on a cycle with some cans of milk for sale of milk on behalf of the first ac...
Tag this Judgment!Deveeramma Vs. State
Court: Karnataka
Decided on: Oct-27-1959
Reported in: AIR1960Kant199; AIR1960Mys199; 1960CriLJ1108; ILR1959KAR978
Hegde, J. (1) The appellant was tried for the murder of her daughter-in-law, in Mandya Sessions Case No. 5 of 1957 on the file of the learned Sessions Judge, mysore. She was convicted under the second part of S. 304 I.P.C. and sentenced to undergo rigorous imprisonment for a period of three years. She has appealed to this Court against her conviction and sentence.(2) The accused has two sons. The eldest son Sivappa had married the deceased about two years prior to the occurrence. The prosecution case is, that even since the marriage, there were constant quarrels and bickerings between the mother-in-law and the daughter-in-law. The accused is alleged to be one of those proverbial mother-in-law. It is said that the deceased was made to work from morning to evening without any rest; she was harassed, abused and beaten; due to the ill-treatment meted out by the accused the deceased several times ran away from her husband's house and sought shelter at her parents house; but on each of those...
Tag this Judgment!Union of India Vs. Allahabad Faizulhukka Pathan
Court: Karnataka
Decided on: Oct-23-1959
Reported in: AIR1960Kant283; AIR1960Mys283; ILR1959KAR961
(1) This is an appeal preferred by the Union of India representing the Eastern Railway from a decree made against it by the Civil Judge at Belgaum for a sum of Rs. 20,316-11-3 in favour of one Allahabad Faizulhukka Pathan who is the respondent in this appeal.(2) The plaintiff in whose favour the decree was made consigned from Nipani out-agency on the then M. and S. M. Railway, 106 bags of tobacco under a railway receipt which is marked as Exhibit 50. Nipani out-agency was in the District of Bengaum. The consignment was made on 20-4-1948. These goods were consigned to the State of Behar to a place called Jhajha which was on the Eastern Railway. The relative Risk Notes which were taken in forms 'A' and 'b' are marked Exhibits 67 and 68.(2-A) It is undisputed It is undisputed that 90 of those 106 bags reached Jhajha Station on 22-5-1948 and the remaining 16 bags arrived on 17-6-1948.(3) It is indisputable and it is borne out by the entries made in Exhibit 50, the railway receipt which had...
Tag this Judgment!State Vs. Miya Jani
Court: Karnataka
Decided on: Oct-23-1959
Reported in: AIR1961Kant158; AIR1961Mys158; 1961CriLJ827
ORDER1. This is a reference made by the District Magistrale, Raicliur, expressing the view that the conviction of the accused in Criminal Case No. 203/18 of 1958-59 by the Munsiff-Magistrate, Raichur, is unsustainable and recommending that the conviction he set aside. The accused was charged with an offence under section 379, I. P. C., on the ground that he stole three football bladder? from a package in a wagon in the railway station yard, Raichur. The learned Magistrate, however, convicted the accused for an offence under Section 411, I. P. C.The learned District Magistrate is of the opinion that in the circumstances of the case, the conviction of the accused for an offence different from that with which he was charged was not a formal defect as the accused, not having had an opportunity to meet the case against him under Section 411 I. P. C., was prejudiced. The learned District Magistrate also draws attention to the fact that the examination of the accused under Section 342, Crimin...
Tag this Judgment!Basappa Veerappa Karni Vs. Chanabasappa Shidappa Angadi
Court: Karnataka
Decided on: Oct-19-1959
Reported in: AIR1960Kant190; AIR1960Mys190
ORDER(1) The Petitioner and Respondent who were running a business in partnership referred the dispute which arose between them in regard to the dissolution of the firm to five arbitrators for arbitration. The latter made an award according to which Respondent was to pay the Petitioner a sum of Rs. 7200/- in two instalments and also an additional amount of Rs. 300/- in two instalments and also an additional amount of Rs. 300/-. The award signed by the arbitrators was given to the Respondent. The Respondent failed to make payment in accordance with the terms of the award. The Petitioner thereupon filed a petition before the Court of the Civil Judge, Junior Division, Gokak, purporting to be under Section 17 of the Arbitration Act for a judgment and decree in accordance with the award.In that petition, he made an explicit statement to the effect that he was enforcing the award in his individual capacity and that he was not filing it as the agent of the arbitrators. The Respondent raised v...
Tag this Judgment!Mukta Bai and ors Vs. Kamalaksha and ors.
Court: Karnataka
Decided on: Oct-01-1959
Reported in: AIR1960Kant182; AIR1960Mys182; ILR1959KAR1078
Somnath Iyer, J.(1) The appellants before us are the three illegitimate daughters of one K. R. K. Sheti by his permanently kept mistress Sumathi Bai. They brought a suit in the Court of the Subordinate Judges of South Kanara, for the recovery of their maintenance and their marriage expenses, from the estate of their putative father, now in the hands of the defendants. The learned Subordinate Judge dismissed their suit, having come to the conclusion that under the Mitakshara School of Hindu Law, by which the family of the plaintiff's putative father was governed, illegitimate daughters were not entitled to maintenance. From that decree, the plaintiffs appeal.(2) Mr. Karanth, their learned advocate, has not seriously canvassed the finding recorded by the learned Subordinate Judge that under the Mitakshara School of Hindu Law, an illegitimate daughter is not entitled to maintenance from the estate that an illegitimate daughter is not entitled to such maintenance. That was the view taken b...
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