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Karnataka Court July 1962 Judgments

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Jul 13 1962

Laxmana Subrao Patil and ors. Vs. Bhagubai W/O Subrao Patil

Court: Karnataka

Decided on: Jul-13-1962

Reported in: 1963CriLJ697

ORDERMir Iqbal Husain, J.1. Petitioners before this Court are the II party, in proceedings under Section 145 Cr.P.C. before the Sub-Divisional Magistrate, Belgaum Sub Division, Beigairm. They are the four sons of one Subrao. The eldest brother - Mareppa who is dead has a son by name Subrao. Subrao's widow is Bhagubai who was Party No. I before the said Magistrate. On the ground that there was an imminent breach of the peace, certain properties were attached and a preliminary order was passed by the Taluka Magistrate, Hukeri on 5-5-1959. Before the said Magistrate, Party No. II, the present petitioners, filed their statement in which they alleged that there was no likelihood of the breach of the peace and hence the proceedings should be dropped. Moreover, they alleged that there was a Civil case pending between the parties and on that account it was necessary that the proceedings under Section 145 Cr.P.C. should be stayed.Though the learned Magistrate did not accede to the first request...


Jul 12 1962

Savithramma Vs. N. Ramanarasimhaiah

Court: Karnataka

Decided on: Jul-12-1962

Reported in: 1963CriLJ131

Mir Iqbal Husain, J 1. This Revision Petition raises an interesting quetsion as to the maintenance of the petitioner who alleges that she is the lawful wife of the respondent. The -petitioner belongs to Kurbar Community and the respondent to Padmasale Community. She filed an application under Section 488 of the Criminal Procedure Code in the Court of the City Magistrate, Bangalore, requesting for maintenance to herself as well as to her children, against the respondent Ramanarasimhaiah, who was at that time a Sub-Inspector of Police. The latter while acknowledging that the children were born to him, did not acknowledge the status of their mother as his legitimate wife. Ho alleged on the other hand that he had already married a wife by name Lakshmidevamma. He also contended that he and the petitioner did not live as husband and wife together for a number of years though the children were born to them. At this stage it was brought to my notice that during the pendency of this case before...


Jul 06 1962

Onkareppa Wasappa Koloor Vs. Rachappa Gurushantappa Jagalalli and ors.

Court: Karnataka

Decided on: Jul-06-1962

Reported in: AIR1963Mys159; ILR1962KAR809

ORDERA.R. Somnath Iyer, J.1. Whether the plaintiff's suit is bad for multifariousness is the question which arises in this revision petition which is presented by the plaintiff.2. The property which is the subject-matter of the suit in the court below was a vacant land on which a house now exists. After that house was constructed, on March 11, 1957 the entire property was sold to the plaintiff, according to him, by defendants 1 to 3. Defendant 4, according to the sale deed, was a tenant of the property and the sale deed contained a recital that possession should be delivered to the plaintiff by defendant 4 after the expiry of a period of one year. Defendant 4 was, however, not a party to the transaction, and after the expiry of a year when the plaintiff found it difficult to obtain possession from defendant 4, he brought a suit for recovery of possession and in the plaint he stated that the suit was brought for the enforcement of the covenant in the sale deed that possession should be ...


Jul 06 1962

State of Mysore Vs. Laxmi Trading Co. and ors.

Court: Karnataka

Decided on: Jul-06-1962

Reported in: 1963CriLJ269

ORDERMir Iqbal Husain, J.1. An application was filed before the District Magistrate of Bellary in Criminal Misc. Petition No. 8 of 1961 by two petitioners (1) Sree Lakshmi Trading company represented by its partner T. Hanumanna and 2. R. Shankarappa, under the provisions of Sections 516-A, 517 and 523 of the Cr.P.C. praying that the sandalwood billets that are kept in custody and seized as per order of the District Magistrate in November, 1960 be ordered to be handed over to them. They relied on certain documents in proof of their contention that they had the requisite permission from the Forest Authorities as well as the Revenue Authorities for cutting those billets from patta lands which the first petitioner purchased. An unregistered sale deed dated 1-8-1960 by which the second petitioner Shankarappa sold all his rights in 345 sandalwood trees standing on the patta lands in favour of the first petitioner, viz., Sree Lakshmi Trading Company for a sum of Rs. 15.000/-was also produced,...


Jul 04 1962

Life Insurance Corporation of India Vs. T. Subramanyam

Court: Karnataka

Decided on: Jul-04-1962

Reported in: AIR1963Mys64; ILR1962KAR567

B.M. Kalagate, J.1. This is an appeal by the first defendant, the Life Insurance Corporation of India, against the decree dated 25th November 1960, passed by the Principal Civil Judge, Bangalore, in Regular Appeal No. 263 of 1959, by which he reversed the decree of the trial Court and allowed the appeal and decreed the plaintiff's suit.2. The question involved in this appeal is whether the adjustment or appropriation made by defendant 1 is legal and valid. It arises in this way.3. The plaintiff was working as an agent for the Asiatic Government Security Life and General Assurance Company Limited, Bangalore City. With effect from 1-9-1956 this Company was taken over by the Life Insurance Corporation under the Life Insurance Corporation Act, 1956. The plaintiff was a debtor to the Asiatic Government Security Life and General Assurance Company Limited under a compromise decree dated 8th June 1953 in O. S. 256/51-52 for a sum of Rs. 3,106-11-6.Subsequent thereto, a sum of Rs. 600/- due to ...


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