Karnataka Court March 1960 Judgments
Yankappa Timmappa Kolachi Vs. Shavakka
Court: Karnataka
Decided on: Mar-31-1960
Reported in: AIR1960Kant265; AIR1960Mys265
(1) The respondent sued the appellant, who is her husband, in Civil Suit No. 229 of 1954, in the Court of the joint Civil Judge, Junior Division, Bagalkot, for a declaration that the divorce deed marked as Exhibit 23 in this case dated 26-8-1954 was obtained from her by the defendant by means of fraud and coercion. She has also asked for restitution of conjugal rights. Both the Courts below have concurrently come to the conclusion that the deed Ex. 23 was taken by means of fraud and coercion and as such the same is not valid. They also decreed the plaintiff's claim for restitution of conjugal rights. The correctness of these conclusions cannot be, and has not been, canvassed in this Court. The only point argued before this Court is that the trial Court had no jurisdiction to try the suit in view of the provisions contained in Ss. 4, 9, 19 and 29(3) of the Hindu Marriage Act (Act XXV of 1955) which shall be hereinafter called the 'Act'.(2) The suit out of which this appeal arose was ins...
Tag this Judgment!State Vs. Nooka Maktumsab Jatgat
Court: Karnataka
Decided on: Mar-22-1960
Reported in: AIR1960Kant315; AIR1960Mys315; 1960CriLJ1476
ORDER(1) This is a reference by the Judicial Magistrate, First Class, Badami, under S. 341, Cr. P.C., on the ground that the accused who has been convicted by the learned Magistrate of an offence under S. 66(b) of the Bombay Prohibition Act is a deaf and dumb person not able to follow the proceedings. (2) The prosecution examined three witnesses in support of its case and their evidence is to the effect that the accused was intercepted while riding on a horse and was found carrying an earthen vessel and a bottle containing illicit liquor. The accused was represented by a pleader and he was further given the aid of a relation of his for enabling the accused to understand the proceedings in the court. Two of the prosecution witnesses are a Police Sub-constable and a Police Constable who were on prohibition duty. The other witness is a registered Medical Practitioner of Kerur. They all speak to the accused coming along the road riding a horse and the contraband articles being founded in h...
Tag this Judgment!The Cement Marketing Co. of India Private Ltd. and anr. Vs. the State ...
Court: Karnataka
Decided on: Mar-21-1960
Reported in: ILR1960KAR525; [1960]11STC411(Kar)
Hombe Gowda, J. 1. This is a petition under Articles 226 and/or 227 of the Constitution for issue of certiorari or a writ in the nature of certiorari or other writ, direction or order against the respondents calling for the records relating to the assessment of sales tax on the turnover of the petitioners for the year 1955-56 and to quash the purported assessment order and the notice of demand dated 31st of March, 1958. The petitioners have further prayed for a writ of prohibition to the respondents prohibiting them from giving any further effect to the said assessment order and the notice of demand. 2. The facts necessary for the appreciation of the contentions raised in the case, briefly narrated, are as follows :- The second petitioners are the manufacturers and the first petitioners are the distributors of cement in India. The second petitioners had a dozen factories for manufacturing cement spread all over India except in the State of Mysore at the relevant period. The first petit...
Tag this Judgment!In Re: Gullappa
Court: Karnataka
Decided on: Mar-09-1960
Reported in: AIR1961Kant71; AIR1961Mys71; 1961CriLJ400
Hombe Gowda, J. 1. These two appeals arise out of the same judgment. Cr. A. 319/57 is submitted by the appellant through the Superintendent of the Jail in which he la undergoing imprisonment. Cr. A. 333/57 is presented by him through an Advocate.2. The appellant Gullappa is convicted by the District and Sessions Judge, Raichur, under Section 302 J. P. C. and sentenced to imprisonment for life on the allegation that he committed the murder or one Suganna, son of Monappa, at about midnight time, on 9-3-1957, while he was sleeping in his threshing ground of 'Makel Benchi Hola' in Sivangi village. It is the case of the prosecution that deceased Suganna had developed criminal intimacy with Malkawa, the wife of the appellant, and that was the motive for the appellant to make up his mind to commit the murder of Suganna while he was sleeping in his threshing field called Makel Benchi Hola in Sivangi village.Basanna, the younger brother of the deceased, informed the patel of Sivangi village on ...
Tag this Judgment!The Institute of Chartered Accountants of India Vs. D.B. Kulkarni, D.B ...
Court: Karnataka
Decided on: Mar-01-1960
Reported in: AIR1960Kant252; AIR1960Mys252; [1960]30CompCas575(Kar); ILR1960KAR601
A.R. Somnath Iyer, J.(1) In this reference made to us under the provisions of Section 21(2) of the Chartered Accountants Act (Central Act No. XXXVIII of 1949), we are concerned with the conduct of the respondent D. B. Kulkarni who audited the accounts of a small bank known as the Supreme Bank of India which had its head office in Belgaum and two branch offices, for the years 1949, 1950 and 1951. On a complaint received from the Deputy Secretary to the Government of India, Ministry of Finance, in respect of the said audit conducted by the respondent, the Disciplinary Committee of the Council of the Institute of Chartered accountants of India made an enquiry and recorded a finding that the respondent was grossly negligent in the conduct of his professional duties and failed to obtain sufficient information to warrant the expression of the opinion which he expressed at the determination of his audit and that such negligence amounted to misconduct as defined by Section 22 of the said Act. ...
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