Karnataka Court April 1965 Judgments

The State of Mysore Vs. Rangaiah

Court: Karnataka

A.R. Somanath Iyer, J.1. There was a prosecution against the accused on charge that he committed an offence of theft of two new lorry tyres from the garage of P.W. 1. The lorry belonged to P.W. 4, whose driver P.W. 2 had taken the lorry to the garage of P.W 1 an August 21 1963 with two new tyres which P.W. 4 wanted to be fixed to his lorry. P.W. 1 stated that the disks were attached to the tyres but since the tyres could not be attached to the lorry, the lorry and the tyres remained in the garage. P.W. 3 the watchman of P.W. 1 gave evidence that at 4 a.m. on August 21, 1963 he found the two tyres inside the garage but some time before 6 a.m. he found them missing. He accordingly reported the matter at 6 a.m. to P.W. 2 who was sleeping there.2. P.W. 7 the sub-inspector of police, Kalasipalyam, stated that he received the complaint Exhibit P-1 on August 23, 1963 from P.W. 1 about the theft of the tyres. He added that he suspected the accused and on September 26, 1963 he acquired informat...

Parasker U.S. Vs. Karnatak Mining Company (Private) Ltd.

Court: Karnataka

Reported in: (1967)IILLJ619Kant; (1965)1MysLJ742

1. The sole point that arises for my decision on the strength of the preliminary objection raised by the respondent is whether the petition to revise the order passed by the District Judge, Bangalore, under S. 17 of the Payment of Wages Act, 1936, is tenable under S. 435 read with S. 439 of the Code of Criminal Procedure. 2. The facts material for the purpose of the decision of this case are not in dispute. The petitioner filed an application (Criminal Miscellaneous Case No. 15 of 1962) before the Second City Magistrate, Bangalore, for recovery of Rs. 3,860.99 from the respondent on the ground the he had been in the service of the respondent as a foreman and that the amount was due in respect of various items of claims enumerated in the petition. That petition came to be dismissed on the ground of limitation as also on merits. The petitioner then approached the District Judge, Bangalore, in M.A. No. 46 of 1963. The learned District Judge held that the appellant had not proved any of hi...

The State of Mysore Vs. Raji

Court: Karnataka

Reported in: AIR1967Mys47; 1967CriLJ553

Somnath Iyer, J.1. This is an appeal from an order of acquittal by the State Government in a case in which the respondent who was the accused was charged with having committed an offence punishable under Sections 6 and 13 of the Mysore Mines Act (Mysore Act IV of 1906). The accusation against him was that he was in unlawful possession of a substance described us mining sponge gold weighing a little less than five and half Tolas of the value of Rs. 673-31 when he was searched in a place near the Gandhi Statue in front of the Khadi Bhandar shop, Robertsonpet at 6-30 P.M. on September 10, 1363. The magistrate accepted the story of the prosecution that the substance which was examined by P. W. 1 an assayer attached to the Mysore Mines, was sponge gold.Sponge gold as defined by Section 2(6) (b) of the Mysore Mines Act which will be referred to as the Act, is a mining material. Section 6 makes it an offence for a person to be in possession of any mining material without the written permissio...

H. Parvathamma Hiremath Vs. the State of Mysore and anr.

Court: Karnataka

Reported in: AIR1966Mys125; 1966CriLJ555; (1965)2MysLJ193

ORDER(1) The question for decision in this revision petition is, whether a Sessions Judge acts illegally if he accepts the express acquiescence of the accused appellant in the Order of conviction appealed against, while disposing of an appeal under S. 423 of the Code of Criminal Procedure? (2) The circumstances under which the contention has been raised are not in dispute. The petitioner Smt. Parvathama Hiremath is the Publisher, Printer and Editor of a Kannada Weekly newspaper by name 'Veeramathe'. In the issue dated 26-1-1959 she published an article against the respondent who, according to the evidence, is a reputed dealer in watcher and clocks in the City of Bangalore. The article contained serious imputations against the business-morale and integrity of the respondent. It alleged that he had been evading taxes and It alleged that he had been evading taxes and involved in fifteen cases pending against him. It concluded with an announcement that 'Veeramathe' had appointed her own C....

Venkoba Rao (N.) Vs. State of Mysore and ors.

Court: Karnataka

Reported in: ILR1965KAR863; (1967)ILLJ373Kant; (1967)ILLJ375Kant; (1966)2MysLJ78

ORDERHegde, J. 1. In this writ petition under Art. 226 of the Constitution of India, the petitioner challenges the legality of the order passed by respondent 3 in No. Pun. C. 631 of 49, dated 21 January, 1963. The said order reads as follows : 'In view of the fact that the delinquent's (P.C. 522 Venkoba Rao) conduct has been held to be suspicious by the enquiry officer the entire period of suspension from 17 February, 1950 to 23 May, 1960 both days inclusive is treated as 60 days earned leave and 132 days half-pay leave and the rest is treated as leave without allowances.' 2. This is clearly an illegal order. 3. All the prosecutions launched against the petitioner have ended in acquittal. In the departmental enquiry also he has succeeded. Though the enquiry officer who was the disciplinary authority thought that there was some suspicion attached to the conduct of the petitioner, he came to the conclusion that he was not guilty on the charges levelled against him. 4. Sub-rule (1) of rul...

Bhashyagarlu Nayudu Vs. Ramayya Setti and anr.

Court: Karnataka

Reported in: (1967)IILLJ613Kant

Govinda Bhat, J.1. This appeal has been preferred by the dependant of a deceased employee under S. 30 of the Workmen's Compensation Act, 1923, hereinafter referred to as the Act. The deceased employee was a cleaner employed in a lorry service owned be respondent 1, S. V. Ramaya Setti, and that lorry was insured with respondent 2, the South Indian Insurance Company, Ltd. The deceased, Krishnappa Nayudu, died on July 24, 1961, in an accident which the lorry met at Krishnagiri in Salem district. On August 22, 1961, the appellant, who is the sole dependant of the deceased employee, issued a notice of claim of compensation under the Act through his lawyer both to the employer and to the insurance company wherein the basis of compensation was made of Rs. 120 as salary per month. That notice has been marked as Ex. P. 1 before the Assistant Commissioner for Workmen's Compensation in the enquiry held for determination of the compensation. The employer (respondent 1) sent a report to the Assista...

Smt. Jesu Dasan and ors. Vs. State and ors.

Court: Karnataka

Reported in: 1966CriLJ831

A.R. Somnath Iyer, J.1. In these applications made under Section 491 of the Code of Criminal Procedure for a direction that the detenues shall be set at liberty, it was mentioned to us on Monday by Mr. Ramachandra Rao, the learned Advocate for the detenues, that there has been no review by the authority which was under a duty to make a review-within a period of six months from the date of the-Order of detention, as enjoined by Sub-rule (8) of Rule 30A of the Defence of India Rules. Since this question arose for the first time, when Mr. Ramachandra Rao made that submission, Mr. Advocate; General asked for postponement of the proceedings till to-day to enable him to ascertain whether the review enjoined by Sub-rule (8) of Rule 30A has or has not been made.2. The Orders of detention in these cases were made by the Deputy Commissioner, Bellary, on October 8, 1964. The argument placed before us by Mr. Ramachandra Rao was that, under Sub-rule (8) of Rule 30A a review was imperative before th...

State of Mysore Vs. Gundappa and ors.

Court: Karnataka

Reported in: AIR1966Mys78; 1966CriLJ273; ILR1965KAR366; (1965)2MysLJ16

ORDER(1) This is a reference made by the Sessions Judge, Raichur in Criminal Revision Petition No. 20/7 of 1964 on his file recommending that the order of discharge passed by the First Class Magistrate, Lingasugur in C.C. No. 162/1 of 1964 be set aside. (2)The facts material for appreciating the point arising in the reference are as follows: The Sub-Inspector of Police, Hutti submitted a charge-sheet against the seven respondents complaining that they formed themselves into an unlawful assembly with the common object of beating the complaint was sitting on the Daivada katta of the village, they beat him and caused him minor injuries. The charge-sheet was for offences punishable under Ss. 147 and 323 of the Indian Penal Code. The Magistrate treated this case as a warrant case and after perusing the documents referred to under S. 173 and hearing the Police Prosecutor and the Advocate for the accused passed an order of discharge under S. 251-A(2) of the Code of Criminal Procedure. In pass...

Bhim Rao Swami Rao Desai Vs. Laxmibai and anr.

Court: Karnataka

Reported in: AIR1966Kant112; AIR1966Mys112; ILR1965KAR358; (1965)1MysLJ786

ORDER(1) This is a revision petition directed against an order dated 21-1-1965 made by the Munsiff of Navalgund, ordering the restitution to the defendants of the lands, resurvey numbers 199 and 220 of Alagawad village. The relevant facts briefly stated are as follows:--The present petitioner who was the plaintiff in the suit before the Munsiff of Navalgund (L.C. Suit No. 244 of 1961), had brought that suit for the possession of the said lands, from the defendants. In that suit, the plaintiff obtained an ex parte decree against the defendants on 28-2-1964. The defendants filed an application under Order IX Rule 13 of the Code of Civil Procedure, praying for the setting aside of that ex parte decree. While that application was pending (In Misc. Application No. 7 of 1964), the plaintiff executed the ex parte decree and obtained possession of the suit lands. Thereafter, the application which the defendants had filed under Order IX Rule 13 of the C.P.C. was allowed and the ex parte decree ...