Court : Karnataka
Decided on : Aug-02-1957
Reported in : AIR1958Kant10; AIR1958Mys10; ILR1957KAR72; (1957)35MysLJ221
Das Gupta, C.J. 1. The plaintiffs in the suit are the appellants before us. The appeal arises out of a suit instituted by the plaintiffs for the recovery of a sum of Rs. 3900/- being the advance paid and damages due on a contract for sale of 19 bales of yarn to the plaintiffs by the defendants. The facts, necessary to be stated for the purpose of this appeal, are as follows : On 15th February 1951 the plaintiffs entered into a contract with the defendants whereby the defendants agreed to sell to the plaintiffs 19 bales of yarn of different Mills as mentioned in the contract, that is to say, 7 bales (Murugan) of 200 lbs. each, 7 bales (Kumaran) of 200 lbs. each, 4 bates (Karthakeya) of 200 lbs. each and 1 bale (Jayalakshmi) of 200 lbs. It was stipulated in the said contract that the delivery was to be in the first week of March 1951. The other material term of the contract was that the rate at which the said goods were to be sold was Rs. 87-8-0 (Rupees Eighty-seven and annas eight only)...
Tag this Judgment!Court : Karnataka
Decided on : Sep-16-1957
Reported in : AIR1958Kant48; AIR1958Mys48; 1958CriLJ529; ILR1957KAR159
1. This is an appeal by the State of Mysore against the order dated 9-3-1956, passed by the Sessions Judge, Mysore Division, in Mandya Sessions Case No. 9 of 1956, acquitting the accused of an offence under Section 304, I. P. C.2. The case for the prosecution is that on 29-11-54 when all the inmates of the house had gone out to the fields leaving the accused and his old father, the former is alleged to have beaten the latter with an axe and a stone. The result was that the old man lay unconscious and was taken to the hospital at Malavalli. The Doctor found that his condition was serious and that it needed X-Ray examination. He was therefore, sent to the Mandya Hospital the same day. But he died there at 6-15 p.m. on 2-12-1954. The respondent is a boy aged about 30 years. He was charged with the offence under Section 304, Part II but he pleaded 'not guilty'. The learned Sessions Judge held that the prosecution has failed to bring home the guilt to the accused beyond all reasonable doubt...
Tag this Judgment!Court : Karnataka
Decided on : Sep-20-1957
Reported in : AIR1958Kant150; AIR1958Mys150; 1958CriLJ1489
H. Hombe Gowda, J.1. These two appeals are against the judgment dated the 7th November, 1956 of the Principal Sessions Judge, Bangalore Division, in Bangalore Sessions Case No. 29 of 1956 convicting and sentencing all the three appellants Govinda Reddy, Krishna and Muniswamy (Accused Nos. 3, 1 and 2 respectively in the trial Court) of the following, offences :--(1) under Section 302 read with Section 34 of the Indian Penal Code on six counts and sentencing each of the appellants to the extreme penalty of law on each of those counts; (2) under Section 307 read with Section 34 of the Indian Penal Code and sentencing each of the appellants to undergo rigorous imprisonment for ten years; (3) under Section 457 read with. Section 34 of the Indian Penal Code and sentencing each of the appellants to undergo rigorous imprisonment for a period of ten years; (4) under Section 380 read with Section 34 of the Indian Penal Code and sentencing them to rigorous imprisonment for a period of seven years...
Tag this Judgment!Court : Karnataka
Decided on : Nov-18-1957
Reported in : AIR1959Kant168; AIR1959Mys168; (1958)36MysLJ421
ORDER1. The plaintiff is the petitioner herein. He filed O. S. 140/46-47 on the file of the Second Munsiff, Bangalore for possession of the suit properties and also for mesne profits. The suit was decreed. Later no be filed I. N No. 10 under Order XX Rule 12 C. P. C. for ascertaining the mesne profits. The teamed Munsiff assessed the mesne profits at Rs. 185/- and passed an order accordingly on 16-6-1954. But in that order lie also mentioned that the required court fee shall he paid within 15 days and if not so paid the I. A. will stand dismissed.The learned counsel for the petitioner says that this portion of the order was not mentioned in the 'A' Diary. He had applied for a copy of the order on 18-6-1954, but he was given that copy only on 13-9-1954. Meanwhile on 6-7-1954 the learned Judge dismissed I. A. 10 on the ground that the court lee in question had not been paid. According to the learned counsel for the petitioner this order was also passed in chambers and he was not aware of...
Tag this Judgment!Court : Karnataka
Decided on : Nov-21-1957
Reported in : AIR1958Kant136; AIR1958Mys136; ILR1957KAR339; (1958)36MysLJ172
ORDER1. This petition arises out of an order made by the learned Additional Subordinate Judge of Mysore, awarding compensation of Rs. 100/-under Section 93 of the Code of Civil Procedure. The Petitioner before me instituted a small cause suit in the said Court of the Additional Subordinate Judge, Mysore, for arrears of rent on 1-2-1952. On that very day he obtained an order of attachment of an immoveable property of the defendant before judgment. On 6-3-1952, the defendant filed his objections to the said attachment, and on that day he also filed an application under Section 95 C. P. C., for compensation. On 14-11-1952 the suit was decreed. It is not clear as to what happened with regard to the attachment which had been levied. The application for compensation was, however, taken up and an order was made on 16-11-1954, by the learned Subordinate Judge awarding Rs. 100/- as compensation to the defendant. It is against that order that the present petition has been filed. 2. Before me it ...
Tag this Judgment!Court : Karnataka
Decided on : Dec-03-1957
Reported in : AIR1958Kant184; AIR1958Mys184; (1958)36MysLJ150
S.R. Das Gupta, C. J. 1. This application relates to the validity of an order made by the learned Judge who decided an election case By which he ordered that the election of the petitioner be set aside and respondent 1 be declared duly elected. The matter arises in this way :The election in question was held on 3-6-1957, to Ward No. 5 of the Athani Municipality, Belgaum District. On 5-6-1957, the scrutiny was made and the results were declared. The petitioner was declared elected along with two others, it being a three-seated constituency. Respondent 1 before us, applied to the District Judge, Belgaum on 12-6-1957, for setting aside the election and for an order that he should be declared elected.The grounds taken by the respondent in his said application inter alia were that there were corrupt practices committed in the said election and there was partiality of one Kulakarni who was the Chairman of the Municipality and the Chairman of the scrutiny committee. It was also alleged that c...
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-1957
Reported in : AIR1958Kant116; AIR1958Mys116; (1958)36MysLJ91
N. Sheenivasa Rau, J. 1. The Appellant was the owner of a motor lorry. The respondent is the father of one Annayya who died on 19-3-1956 in consequence of injuries sustained by him when the lorry had been taken out for bringing a load of stones. The Respondent claimed compensation as a dependent of Annayya under the Workmen's Compensation Act on the ground that the fatal accident arose out of and in the course of Annayya's employment as a cleaner of the lorry under the Appellant., It was contended by the Appellant that Annayya had not been his employee and that the accident had not arisen out of and in the course of employment. The Commissioner for Workmen's Compensation, however, upheld the claim and awarded compensation on the basis that Annayya was getting monthly wages of Rs. 60/-. 2. In this appeal though the Appellant challenged the correctness of the Commissioner's finding that Annayya was a workman under the Appellant and the quantum of compensation awarded, the learned Counsel...
Tag this Judgment!Court : Karnataka
Decided on : Mar-22-1957
Reported in : AIR1957Kant79; AIR1957Mys79; (1957)35MysLJ142
Hombe Gowda, J.1. This is an appeal filed under Section 20(2) of the Mysore Town Municipalities Act of 1951 against the order passed by the Election Commissioner, Chikmagalur in Election Mis. (old No. 24/56) New No. 13 of 1956 on his file, setting aside the election of the appellant as a Municipal Councillor from the sixth Division of the Town Municipal Council, Chikmagalur held on 27-2-1956 and directing fresh election to be held in the said Division.2. The undisputed facts are as follows: The appellant and the first respondent Subba Rao are the residents of Chikmagatur Town and they are the voters in the 6th Division for the Municipal Council. The appellant, the first respondent, another person by name Kappanna and some others filed their nomination papers for the election to be held on 27-2-1956 to the Municipal Council from the 6th Division of Chikmagalur Town. At the time of the scrutiny, of the nomination papers by the Returning Officer, Sri Kappanna raised an objection to the ca...
Tag this Judgment!Court : Karnataka
Decided on : Aug-01-1957
Reported in : AIR1958Kant20; AIR1958Mys20; (1957)35MysLJ232
1. This appeal has been fully argued before me by the learned Advocates for both the parties. The facts which are necessary to be set out for understanding the position of this appeal may be shortly stated as follows:2. The suit was a suit for redemption of a mortgage. The mortgage in question came into existence sometime in the year 1894. One of the points in dispute between the parties before me is whether or not the said mortgage on its true construction, is a simple mortgage or a usufructuary mortgage. Before the said mortgage was executed the mortgagees were already in possession of the property in question by virtue of a lease executed by the mortgagors in their favour.The mortgage deed in question was executed during the continuance of the said lease and by the terms of the said mortgage deed the mortgagees were entitled to appropriate the rent which was payable to the mortgagors under the said lease towards interest due on the said mortgage. The lease thereafter came to an end....
Tag this Judgment!Court : Karnataka
Decided on : Aug-05-1957
Reported in : AIR1958Kant1; AIR1958Mys1; 1958CriLJ54; ILR1957KAR81; (1957)35MysLJ237
Somnath Iyer, J. 1. These ten appeals arise out of an unusual case, tried by the aid of Assessors in which ten police constables attached to the Police Station House in a village called Chincholi were the accused. The Police Sub Inspector attached to that Police Station house WHS A-11 and its head constable was. A-12. All the twelve accused were tried before the Court of Session for offences said to have been committed by them on the 6th of March, 1954. A-1 was convicted of an offence punishable under Section 302 of the Penal Code and sentenced to death. A-2 to A-10 were convicted of offences punishable under S. 302 read with Ss. 34 and 149 of the Penal Code. They were sentenced to transportation for life and to pay a fine of Rs. 5/- or one month's rigorous imprisonment in default. A-11 and A-12 were acquitted of the charges on which they were tried. A-1 to A-10 have appealed to this Court against their convictions and sentences and the State has appealed from the order of 'acquittal o...
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