Court : Karnataka
Reported in : AIR1959Kant112; AIR1959Mys112; ILR1958KAR878
N. Sreenivasa Rau, J.1. This is an application under Article 133 of the Constitution for leave to appeal to the Supreme Court against the decision of this Court in R. A. 171 of 1951-52. The suit from which the appeal arose was one filed by the present petitioner for the recovery from defendants 1 and 2 of certain items of property to which the plaintiff claimed to have succeeded as her monther's heir and of one jewel from defendant 3 on the ground that it belonged to her, i.e., the plaintiff and had been given to the 3rd defendant's custody by her father.The trial court dismissed the suit against defendants 1 and 2 and granted a decree for the recovery of the jewel on payment of Rs. 109-7-9 claimed by defendant 3 on the footing that he had a lien for the amount. The plaintiff preferred an appeal against the dismissal of the suit as against defendants 1 and 2 as also in respect of the condition imposed that she should pay the amount mentioned above to defendant 3 before she could recove...
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant189; AIR1960Mys189
..... there is no such prohibition in the mysore town municipalities act with which we are concerned in the present case. it seems to me that on this ground the present case is distinguishable from the case decided ..... narayan chandra v. district magistrate, hooghly, : air1954cal32 ; respectively. in both these cases, it would be seen there was a total prohibition of the nature as is to be found in the representation of the people act and in art. 329(b) of the constitution. from the decision of the calcutta high court, it would also appear that there were ..... the election in the present case is to take place. on reference to s. 80 of the representation of the people act and art. 329(b) of the constitution, it appears that there is a prohibition against any intermediate application and the only remedy which is provided for therein is the remedy by way of an election petition. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant158; AIR1961Mys158; 1961CriLJ827
ORDER1. This is a reference made by the District Magistrale, Raicliur, expressing the view that the conviction of the accused in Criminal Case No. 203/18 of 1958-59 by the Munsiff-Magistrate, Raichur, is unsustainable and recommending that the conviction he set aside. The accused was charged with an offence under section 379, I. P. C., on the ground that he stole three football bladder? from a package in a wagon in the railway station yard, Raichur. The learned Magistrate, however, convicted the accused for an offence under Section 411, I. P. C.The learned District Magistrate is of the opinion that in the circumstances of the case, the conviction of the accused for an offence different from that with which he was charged was not a formal defect as the accused, not having had an opportunity to meet the case against him under Section 411 I. P. C., was prejudiced. The learned District Magistrate also draws attention to the fact that the examination of the accused under Section 342, Crimin...
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant141; AIR1961Mys141; ILR1960KAR392
..... referred, in his paragraph on page 416 on the relation back of adoption and alienations made by a widow before adoption, his discussion is entirely confined to the rights and acts of the widow. as sir arnold white, c.j., said in sinnachami v. ramaswamy chettiar, 22 mad lj 85, the question of the effect of an alienation by a man .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant312; AIR1960Mys312; 1960CriLJ1475; ILR1960KAR987
..... in a state of intoxication. therefore, the magistrate was clearly in error in not having convicted the accused for an offence punishable under section (3)(j) of the coorg prohibition act. (3) more than two years have already passed since the magistrate acquitted the accused. in a decision reported in 1955 mad wn 1049, public prosecutor v. m. gangadhara ..... the commissioner. p. c. to have convicted the accused, on the proved facts of the case, for an offence punishable under section 3(1)(j) of the coorg prohibition act, 1956. section 3(1)(j) states that who even consumes or buys liquor or any intoxicating drug, consumes or buys liquor or any intoxicating drug, shall be punished ..... this appeal by the state, we are concerned with the correctness of an order of acquittal in a prosecution for an alleged offence under section 4 of the coorg prohibition act, 1956. on the right of 16-3-1958, the accused was seen to be staggering about and not able to walk properly, near a cinema theatre at conicoppal .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant268; AIR1961Mys268; ILR1961KAR67
..... level of his land. according to the argument, since the injunction made in the suit brought by the decree-holder merely prohibited the judgment-debtor from interfering with the right of the decree-holder to use the water flowing in the water course for his ..... decree before there can he disobedience to the decree within the meaning of rule 32 (1) and that if a person is prohibited from doing something and does it, it is just as much disobedience as if he is ordered to do something and falls ..... indisputable that a person disobeys an injunction not only if he falls to perform an act which he is directed to do but also when he does an act which he is prohibited from doing. there is as much disobedience in the one case as in the other ..... .it is not easy to understand how the judgment-debtor in this case can contend that since the injunction granted against him was merely in the nature of a prohibition .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant206; AIR1961Mys206
S.R. Das Gupta, C.J.1. This appeal raises an important point of Hindu Law. It arises in this way:--2. The appellant before us is the husband of the original plaintiff. The plaintiff filed a suit in the year 1944 for maintenance and a decree for maintenance was passed against the appellant An appeal was filed by the appellant against the said decree but that appeal was dismissed. A second appeal to the High Court also failed. Thereafter in the year 1948 execution proceedings were started by the plaintiff. Pending disposal of that execution proceedings the plaintiff on 27-11-48 assigned her right in respect of the-arrears of maintenance upto 1948 in favour of her brother. Thereafter the plaintiff died.The assignee then filed an application in which he prayed that his name be substituted in the execution proceedings. That application, was resisted by the judgment-debtor on the ground that the property in question being the non-saudayika property of his wife could not be alienated except w...
Tag this Judgment!Court : Karnataka
Reported in : AIR1962Kant108; AIR1962Mys108
..... for any one to suggest that there has been any wrong assumption of jurisdiction by an incorrect determination of a jurisdictional fact, no occasion for the issue of prohibition can properly arise. (15) since the tribunal in this case has merely announced its intention to try the jurisdictional fact along with the other facts in the case ..... mixed question, although that question is one which relates to its jurisdiction, and to proceed with the matter entrusted to it under section 10(1)(d) of the act. (11) it is true that a tribunal before whom the jurisdiction to proceed with the matter is challenged, has the discretion in an appropriate case to try ..... then presiding. the term of office of mr. chandrasekharajah expired on july 4, 1960, according to the petitioners. by a notification issued under s. 7-a of the act, mr. malimath , a retired judge of this court was appointed to preside over that tribunal. the hearing of the reference which was pending before mr. chandrasekharaijah was continued .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC305; [1962]3SCR842
..... rates makes no difference and the impact on the freedom would still be direct notwithstanding that it does not appear so on its face. 43. here the act by enacting sections 4 and 5 directly prohibits a newspaper from exercising that right, should the newspaper fail to comply with the requirement of an order made under section 3. this is a direct ..... in the year 1932 and it is claimed that it has a net circulation of 52,000 copies on week days and 56,000 copies on sundays in maharashtra and karnataka and as such plays a leading part in the dissemination of news and views and in moulding public opinion in matters of public interest. 4. the daily addition of ..... pleasure of the government and this would necessarily strike at the root of the independence of the press. 30. in express newspapers (private) ltd., v. the union of india : (1961)illj339sc , this court has laid down that while there is no immunity to the press from the operation of the general laws it would not be legitimate to subject the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys193; ILR1962KAR527
..... and the learned advocate for the appellant has placed reliance on the latest decision of the supreme court in the state of m.p. v. chintaman sadashiva, air 1961 sc 1623. their lordships briefly indicated what 'reasonable opportunity' means at a departmental enquiry:'a proper opportunity must be afforded to him at the stage of the enquiry ..... authorities had proceeded under rule 148(3) and not under rule 1709 of the railway establishment code and that the provisions of section 240 of the government of india act did not come into operation. in view of this legal position we reject the contention advanced for the appellant.16. mr. krishnaswamy further submitted that even if ..... 1707 and 1709 of the r. e. code dealing with disciplinary action and the necessity of complying with the provisions of section 240 of the government of india act, 1935, where there was a special contract with the employee. the appellant who was a permanent employee of the railway and was served with a charge-sheet for .....
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