Court : Karnataka
Reported in : AIR1955Kant139; AIR1955Mys139
..... definition of 'certified copies' is to be found in section 76 of the evidence act.that section provides that any public officer having custody of a public document which any person has a right to inspect, shall give that person, on demand, a copy ..... them. the word 'any' indicates that the party can adduce any kind of secondary evidence.5. what are public documents is described in section 74 of the evidence act. there cannot be any dispute on the point that the depositions, copies of which the plaintiff has produced, are public documents within the meaning of this section. the ..... that they are not certified copies, is correct. . it appears to me that the finding of the learned munsiff cannot be sustained. section 65 of the evidence act mentions instances or eases in which secondary evidence relating to documents may be given. one of such instances is where' the original has been destroyed or lost or is .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1955Kant146; AIR1955Mys146
..... in -- 'virupakshappa v. nilgangava, 19 bom 309 (fb) (b), that when a minor is not possessed of separate property, there can be no appointment of a guardian under the act for management of his undivided share in family property. the appointment of a guardian of the person of the minor was, however, considered to be possible. since the mother in ..... any one to the exclusion of others, has the right to be in possession of such property.3. the father is himself entitled to a share and the guardian acting on his behalf raises the objection, not without force, that the order has the effect of affecting rights of other members of the family and giving petitioner an unwarranted ..... by the applicant to be of the minors and as to how these proceedings can be resorted to if the amounts are the property of the joint family.under the act a guardian can be appointed with respect to properties of minors, capable of being managed. when the minors are members of an undivided family possessed of property, the .....
Tag this Judgment!Court : Karnataka
Reported in : 1956CriLJ253
..... the offences in this case also: but, as pointed out in that very case, evidence of such transactions can be admitted under sections 14 and 15, evidence act as evidence of intention or knowledge and also to rebut even by anticipation the defence of accident, mistake or other innocent condition of mind, as pointed out in ..... bona fide error to a person other than the payee, thereby impliedly suggesting that the payment was made accidentally or through inadvertence. though the evidence of similar unconnected acts of the accused may not be admissible to probabilise the commission of the offence with which he stands charged in another case, yet, such evidence will be ..... the offence of which he stands charged. further, as found by the learned sessions judge, these statements become relevant and admissible under sections 14 and 15, evidence act.10. the said sections have to be read together inasmuch as section 15 is only an application of the general rule laid down in section 14. section 14 .....
Tag this Judgment!Court : Karnataka
Reported in : 1956CriLJ633
..... available it will be tainted, being that of an accomplice and requires corroboration.generally conspiracy is a matter of inference to be deduced from the criminal acts committed by the accused. acts and declarations of conspirators in the furtherance of the common design on anything said or done or written by any one of such persons in reference to ..... section 120-b, one of the essential ingredients that the prosecution should establish is that there was an agreement between one or more persons to do an illegal act or a legal act by an illegal means. there can be no conspiracy without an agreement in this behalf. no doubt, it is true that direct evidence in proof of ..... another;(3) where an offence is a continuing one and continues to be committed in more local areas than one, or(4) where the offence consists of several acts done in different local areas.in those cases, the offence committed may be inquired into or tried by a court having jurisdiction over any of such local areas. therefore .....
Tag this Judgment!Court : Karnataka
Reported in : 1956CriLJ628
ORDERPadmanabhiah, J.1. This is an application filed by the petitioner under Section 526, Criminal P.C. praying that C. C. Nos. 43 and 44 of 1955 pending on the file of the learned Munsiff & First Class Magistrate, Mercara, Coorg, may be transferred to any other Court of. com competent jurisdiction outside the State of Coorg.2. The facts that have given rise to this petition are briefly as under:-3. The petitioner is accused 16 in C. C. 43/55 and accused 8 in C. C. 44/55. The accused In C. C. 44/55 are eight of the sixteen accused in C. C. 43/55. The petitioner is stated to be the President of the Indian Coffee Board Labour Union, Coorg Branch, of which the other accused in these cases are said to be the members. It is further stated that the petitioner is also the President of All Coorg Estate Workers Union and one of the Vice-Presidents of Indian Coffee Board Labour Union.4. In C. C. 43/55 the charge-sheet against the petitioner is stated to be that he abetted the commission by the o...
Tag this Judgment!Court : Karnataka
Reported in : 1956CriLJ904
..... . 7 is a respectable witness and that reliance should be placed on his evidence. no doubt, the evidence discloses that p. w, 7 is a respectable witness.the indian evidence act does not provide that any particular number of witnesses should be examined in proof of any fact and therefore a conviction can be based even on the solitary testimony of .....
Tag this Judgment!Court : Karnataka
Reported in : 1956CriLJ1415
ORDERSreenivasa Rao, J.1. The petitioner who is an Advocate of this Court practising at Srirangapatna challenges by this revision petition his conviction for an offence under Section 228, Penal Code by the Special First Class Magistrate at Srirangapatna based on the finding that the petitioner's conduct in the course of a proceeding in C. C. No. 1131/55 on his file amounted to insulting the Court and caused interruption to the proceedings.2. The circumstances leading to the drawing up of proceedings by the learned Magistrate resulting in the conviction of the petitioner are as follows:3. The petitioner was appearing for the accused in C. C. No. 1131/55. On 21-12-55 one Kempamma was examined as the second witness for the prosecution. In the course of her cross-examination the petitioner appears to have put a question to the witness seeking to elicit from her an answer involving the time factor, she gave the answer in terms of the hours of the clock i.e., as eight o'clock in the morning....
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant12; AIR1957Mys12
..... application and that the procedure adopted is opposed to principles of natural justice; and secondly, that the provisions of sections 4, 5(a) and 17(4), land acquisition act, have not been complied with and that, therefore, the order in question is invalid.5. in the counter-affidavit filed by respondent 1 government, it is alleged that ..... motor co., bhagalpur v. state of bihar : air1956pat437 and in re shanmuga mudaliar : air1951mad276 . in the first case, which was a case under the motor vehicles act, it is held by their lordships that it is not essential that the state government should give a personal hearing or a hearing through a lawyer before disposing of an ..... give an opportunity to the party by providing an interval between the publication of the notice under section 4(1) and the declaration under section 6, land acquisition act. that could not have been the intention of the legislature.it appears to us that this gap was and is intended for the benefit of the government. after .....
Tag this Judgment!Court : Karnataka
Reported in : 1957CriLJ455
..... have general application and cannot be taken away by the mysore high court act or the rules framed thereunder. omission to include applications filed under section 561-a of the code of criminal procedure in the notification or in the rules framed ..... of applications filed under section 561-a of the code of criminal procedure in the notification issued on the authority of the rules framed under the mysore high court act is untenable. the inherent powers of a judge of the high court, which have been statutorily recognised by section 561-a of the code of criminal procedure, ..... for the purpose of expunging any observation found in his order is only that judge, as otherwise his colleagues will have to be constituted as judges of his acts. this is certainly not warranted by law and not countenanced in practice.11. if the argument of the learned advocate-general that all applications filed under section 561 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant3; AIR1957Mys3
..... 51 mad 495: (air 1928 mad 480) (e). in the first case, it is further held that the words 'proceedings in the matter' under section 17, insolvency act include subsequent steps in connection with the petition of which the earliest will be 'the adjudication of the insolvent without which nothing can be done. when the order of adjudication ..... about his automatic discharge and that, therefore, no debts can be proved after that event by virtue of the provisions of sub-section (3) of section 33, insolvency act. no doubt, this sub-section provides that a creditor could prove his debt before an order of discharge is passed. it has to be remembered in this connection that ..... , is paid to the insolvent vide 54 mys hcr 261 (b). again as can be seen from the provisions of sections 33(3), 41 and 42, insolvency act, the granting of an unconditional order of discharge is dependent on the realisation and distribution of the property of the insolvent when only the termination of the insolvency proceedings can .....
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