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Karnataka Court May 1960 Judgments

May 31 1960

Basappa Bhimappa Doddamani Vs. State

Court: Karnataka

Decided on: May-31-1960

Reported in: AIR1961Kant21; AIR1961Mys21; 1961CriLJ120; ILR1960KAR571

1. This appeal and the reference arise out of Sessions Case No. 17 of 1959 on the file of the Addl. Sessions Judge, Dharwar, in which the appellant Basappa Bhimappa Dodmani having been tried on a charge of having committed the murder of one Fakirappa Kariyappa Dodmani by stubbing him with a knife at about 5 p.m. on the 3rd of August, 1958, was found guilty of the offence and was sentenced to death by the Sessions Judge subject to confirmation by this Court. The reference is for the confirmation of the sentence and in the appeal by the accused the contention is that he should have been acquitted.2. The case for the prosecution is a very simple one. According to them, when deceased Fakirappa was sitting on the katta of his house, the accused-appellant came to the place burling abuses at him; when Fakirappa got down from the katta and asked the accused to keep quiet, the accused clashed agaiast Fakirappa and when Fakirappa further asked him whether he proposed to beat him, he said that he...

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May 30 1960

Doddamane G. Shankarappa Vs. Marulusiddiah

Court: Karnataka

Decided on: May-30-1960

Reported in: AIR1960Kant278; AIR1960Mys278

ORDER(1) The respondent filed a suit against the petitioner for the recovery of RS. 200/- and interest thereon at 1 per cent per annum alleging that it was the balance out of Rs. 400/- payable to him by the defendant who was entrusted with certain funds for distribution amount the creditors of one Neelappa who has been examined as P.W. 1 in the case. The defendant contended that the amount payable to the plaintiff was only Rs. 200/- which admittedly had been paid. He also denied that he had been entrusted with the task of distribution by virtue of a decision at a panchayat as alleged by the plaintiff. The Court below found the plaintiff's case to be true and decreed the suit as prayed for. I have read the evidence in the case and it seems to me that the material on record finally warranted the conclusion arrived at by the learned Civil judge that the defendant came into possession of Rs. 3,250/- to be distributed amongst the creditors of Neelappa and that out of that amount a sum of Rs...

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May 30 1960

Vasudava Bhatta Vs. Srimad Ananheswar Temple, Manjeshwar and ors.

Court: Karnataka

Decided on: May-30-1960

Reported in: AIR1962Kant155; AIR1962Mys155

ORDER(1) This revision petition raises a question of Court- fee in the following circumstances :(2) The Respondent which is a temple represented by its executive officer filed a suit for the recovery of possession of the plaint schedule land and for memo profits against the defendant who was its tenant . The suit was decreed. But on appeal the decision was recreated and the suit was dismissed on the ground that the executive officer was not competent to file the suit. In second appeal the High Court of Judicature at Madras , set aside the appellate judgment and remanded the case. When the matter came up again before the first appellant Court the questions of Court -fee was raised since pen plaintiff the ground, urged by the appellant -tenant was that he was entitled to compensation for improvements. The learned appellate Judge purporting to follow the principles laid down in Pachayakkar v. Shanmughavelayuthasami, AIR 1943 Mad 146, held that advalorem Court-fee was payable on the amount...

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