Karnataka Court January 1971 Judgments
The Gadag Co-operative Cotton Sale Society Ltd. and anr. Vs. Annigeri ...
Court: Karnataka
Decided on: Jan-15-1971
Reported in: AIR1971Kant233; AIR1971Mys233; (1971)1MysLJ197
ORDERK. Jagannatha Shetty, J.1. These five revisions arise out of a common order passed by the learned Civil Judge, Dharwar, in the exercise of insolvency jurisdiction.2. A few facts leading to these petitions may briefly be stated:One Sha Velji Kanji died on 2-12-1937, leaving behind some properties and also debts due to some Co-operative Societies. His Legal representatives are said to have transferred all those properties in favour of a few creditors without making any arrangements for the payment of the debts of others who, therefore, filed insolvency applications under Section 9 of the Provincial Insolvency Act, against the wife, two daughters, son-in-law and five minor children of the deceased debtor. The opponents contended that the petitions against them were not maintainable as they do not come within the meaning of debtors who have committed any act of insolvency. An application for amendment raising some additional grounds so as to bind the opponents personally, was also fil...
Tag this Judgment!Ramsingh Babanji Vs. State of Mysore
Court: Karnataka
Decided on: Jan-15-1971
Reported in: 1972CriLJ1212
ORDERM. Nesargi, J.1. The petitioner, who was A-l in C.C. No. 841 of 1969 on the file of the II Magistrate, Bangalore has been convicted and sentenced for an offence under Section 448 of the Indian Penal Code. He was sentenced to undergo simple imprisonment for two weeks and to pay a fine of Rs. 200/- and in default to undergo S. I. for further period of one month. In Criminal Appeal No. 182 of 1970. the I Additional Sessions Judge. Bangalore, has confirmed the conviction. but modified the sentence to one of fine of Rs. 200/- and in default to simple imprisonment for one month.2. Originally, wife and daughter of the petitioner were A-2 and A-3 in the said case. They were acquitted in the trial Court. The prosecution case is that somewhere in the year 1962, A-2 executed a mortgage deed in the form of a sale-deed in favour of P. W. 1 the complainant and mortgaged her property a house. On the very day P. W. 1 executed a deed binding himself liable to re-convey the property on the payment ...
Tag this Judgment!Krishna Rao Deshpande and ors. Vs. the Deputy Commissioner, Chitradurg ...
Court: Karnataka
Decided on: Jan-13-1971
Reported in: AIR1971Kant235; AIR1971Mys235; (1971)1MysLJ287
A. Narayana Pai, C.J. 1. The petitioners in these cases were hereditary Shanbhogues or Village Accountants working as such by virtue of their personal rights in accordance with the provisions of the Mysore Village Offices Act, 1908. For the reasons and in the circumstances to which we shall make reference presently, they ceased to be hereditary officers but continued to work as Shanbhogues by virtue of Sub-section (2) of Section 16 of the Mysore Land Revenue Act, 1964. In these petitions they claim that their services under the Government should be regularised in accordance with the Mysore Stale Civil Services (Recruitment of Local Candidates to Class in Posts) Rules, 1966.2. There is no dispute about the facts. As already stated, the village offices held by these petitioners were hereditary offices, the appointment to which was governed by rules of succession applicable under their personal law. After the promulgation of the Constitution, questions arose about the constitutionality or...
Tag this Judgment!K. Muniswamappa Vs. P. Chennakrishnappa
Court: Karnataka
Decided on: Jan-13-1971
Reported in: AIR1971Kant266; AIR1971Mys266; (1971)1MysLJ481
M. Sadanandaswamy, J.1. The appellant is the judgment-debtor and the respondent is the decree-holder. The respondent obtained a money decree on 17-7-1954 for Its. 7,931.25 in O. S. No. 65 of 1954 on the file of the erstwhile Subordinate Judge's Court Bangalore, He filed the first execution petition No. 338 of 1954 for recovery of the decretal amount. He prayed for the arrest of the judgment-debtor as well as for attachment of the moveables and immovables and for realisation of the decretal amount by the sale thereof. In the execution petition, the immovable property of the judgment-debtor was attached ana it was brought to sale. The case was posted for sale of the property on 15-9-1955. But the said execution petition was stayed on 2-9-1955 in Claim Petition No. 328 of 1955 preferred by the children of the Judgment-debtor. That claim petition was dismissed on 18-12-1958. The execution petition was ordered to be filed. The decree-holder filed a second execution petition No. 255/56 prayi...
Tag this Judgment!Chinnappa Lakshma Setty and ors. Vs. the State of Mysore by Its Chief ...
Court: Karnataka
Decided on: Jan-12-1971
Reported in: AIR1971Kant237; AIR1971Mys237; (1971)1MysLJ204
A. Narayana Pai, C.J. 1. These three writ petitions are heard together because they raise common questions of fact and law. The statement of the case and the formulation of the points are such that a detailed consideration of first of the writ petitions will dispose of all the writ petitions.2. The petitioners impugn an order of the State Government No. PWD 3 II B 69, dated the 17th April 1969 directing an addition of an extent of 109 acres and 20 guntas of land of Rajendrapura village, Kunigal Taluk, Tumkur District within what is described as the authorised achkat under the Deepambhudi tank situated in Huliyurdurga village of the said Taluk.3. The petitioners are among the cultivators owning wet lands irrigated with the water of the said Deepambhudi Tank. Their principal grievance in this case is that the inclusion of this additional area for irrigation with the water of the Deepambhudi tank would result in diminution of adequate supply of their lands. They also contend that the proc...
Tag this Judgment!Gurupad Ramachandra Nandani Vs. the State of Mysore
Court: Karnataka
Decided on: Jan-08-1971
Reported in: 1971CriLJ1669
ORDERM.S. Nesargi, J.1. In this petition, the petitioner has challenged the correctness and legality of the common order passed by the Judicial Magistrate, First Class, Athni. on 22-8-1970 in Criminal Cases Nos. 10 to 13 of 1970, on his file.2. The facts giving rise to this petition may be briefly narrated as follows:The petitioner is an accountant in a Society called Malawad Lift Irrigation Cooperative Society Limited (hereinafter referred to in the course of this order as 'the society'). On 28-8-1969 the Assistant District Co-operative Officer (Lift Irrigation), Belgaum, sent information in writing to Kagwad Police that this petitioner had committed offences of criminal breach of trust and falsification of accounts in the course of the discharge of his duties as accountant of the society and investigation may be undertaken. Ultimately, after investigation, the said criminal cases were instituted by the Police in the Court of the Judicial Magistrate, First Class, Athni, against this p...
Tag this Judgment!In Re: Thippanna
Court: Karnataka
Decided on: Jan-08-1971
Reported in: 1971CriLJ1640
K. Bhimiah, J.1. This is an appeal against the conviction and sentence passed on the appellant by the Sessions Judge, Raichur, in Sessions Case No. 9/8 of 1968. The appellant has been found guilty of the offence Under Sections 324 and 302 IPC both the sentences to run concurrently.2. The accused Thippanna, deceased Gundappa and the injured Narappa are the residents of the locality of Beeron Quilla, Raichur. The house of the accused is near the top of the hillock and the houses of the injured Marappa and the deceased Gundappa and other persons are near the hillock on a lower level. There is also a Hanuman temple on the top of the hillock and there is a street light in front of the said Hanuman temple. Marappa has an unmarried sister by name Nagamma. Marappa and his younger brother Gaddeppa and their parents all reside in the same house along with their sister. The incident took place on 15-12-1967 at about 7-30 p. m. in front of the house of the appellant. The appellant is alleged to ha...
Tag this Judgment!D. Srinivasa Iyer Vs. the Inspector-general of Police
Court: Karnataka
Decided on: Jan-06-1971
Reported in: (1971)IILLJ44Kant; (1971)1MysLJ364
Narayana Pai, C.J.1. When the petitioner was serving as a Sub-Inspector of Police a departmental enquiry was instituted against him for a certain act of misconduct. He was also placed under suspension. Before the conclusion of the enquiry, the order of suspension was revoked and he was posted as an Assistant Sub-Inspector of Police. The enquiry proceeded and resulted in the imposition of penalty of the petitioner being reduced to the rank of a Head Constable. The petitioner challenged the said order of punishment in W.P. 952 of 1962. By an order dated 25th March, 1963, the said writ petition was allowed by this Court and the punishment imposed upon the petitioner was set aside. 2. Thereupon, the following order was made in favour of the petitioner by the Superintendent of Police, Bangalore North : 'In view of the High Court orders, H.C. 10 D. Srinivasa Iyer of Central Police Station, is restored to his original rank of Assistant Sub-Inspector with immediate effect'. 3. The petitioner h...
Tag this Judgment!R.K. Kulkarni Vs. the Divisional Commissioner, Belgaum and ors.
Court: Karnataka
Decided on: Jan-06-1971
Reported in: AIR1971Kant240; AIR1971Mys240; (1971)1MysLJ213
A. Narayana Pai, C.J.1. ThisWrit Petition was originally included In a batch of writ petitions all of which were disposed of by a common order dated 25-2-1969. It was later discovered that this writ petition had been wrongly included in the said batch. The said order of 25-2-1969 in so far as it related to this writ petition was recalled and set aside on 23-1-1970. As directed in the same order fresh notice was issued to parties who were unrepresented by counsel. Service on them also has now been completed.2. The question raised by the petitioner is one of relative seniority between himself and respondents 4 to 25. One of the village offices in the erstwhile State of Bombay went by two names Kulkarni and Talati. Kulkarnis were hereditary village officers enjoying watan land for service.' Talatis were non-hereditary stipendiary officers. The petitioner, a hereditary Kulkarni had been working as such from 1940 onwards. When the Kulkarni watans were abolished by an Act of the Bombay Legis...
Tag this Judgment!Shivalingappa Vs. P.B. Puttappa
Court: Karnataka
Decided on: Jan-06-1971
Reported in: AIR1971Kant273; AIR1971Mys273; (1971)1MysLJ282
V.S. Malimath, J.1. This is a defendant's second appeal against the decree passed by the Civil judge, Hassan, in Regular Appeal No. 74 of 1965, reversing the decree passed by the Munsiff, Arsikere, in Original Suit No. 403 of 1963. The respondent-plaintiff brought the suit to recover a sum of Rs. 2,635/-, which includes principal amount of Rs. 2,000/- and interest thereon. The suit is based on the pronote dated 9-2-1961 executed by the defendant in favour of the plaintiff, which has been marked as Exhibit D-l in the present case. The defendant did not deny the execution and consideration of the pronote. He, however,pleaded discharge to the extent of Rs. 2,000/-. The defendant further took a specific stand that the pronote in question has been materially altered by the plaintiff. The defendant's case is that at the time of Navarathri in the year 1961, he paid a sum of Rs. 2,000/- to the plaintiff and made an endorsement on the back side of the pronote about the payment of the said sum o...
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