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Koduri Narayana Reddi and ors. Vs. Lebur Gopalareddi and ors.
Court : Chennai
Reported in : (1949)2MLJ243
Govinda Menon, J.1. In this second appeal preferred by defendants 4 to 6 and 8 in O.S. No. 56 of 1943 in the Court of the District Munsif of Kavali against the decision of the Subordinate Judge of Nellore in A.S. No. 189 of 1945, the only question that has been canvassed is whether the lower appellate Court was right in differing from the trial Court and Holding that the plaintiff is entitled to cut a vent at the place marked C in the channel mentioned in the plan filed along with the plaint.2. What happened was that in the trial Court the plaintiff was given a decree that he was entitled to irrigate his lands specified in the plaint schedule and marked yellow in the plan from the channel CE and the defendants were restrained by a permanent injunction from interfering with the said right of the plaintiff. In. giving this decree the learned District Munsif towards the end of paragraph 8 of his judgment, observed as follows:I therefore hold following the order, Ex. P-5, that the plaintif...
Tag this Judgment!Mangalapurapu Dakshayani, by Next Friend Koniki Nagabhushanam Vs. Mang ...
Court : Chennai
Reported in : (1949)2MLJ303
Mack, J.1. This petition has been filed on behalf of a minor wife by next friend to rivise the order of the learned District Judge of Guntur declining to set aside a custody order he passed in O.P; No. 118 of 1947, on 30th September, 1947, on the ground that he had not consulted the wishes of the minor who was a grownup girl before he passed his order.2. The custody order is as follows:The petitioner as the husband of the minor wife is in law entitled to her custody especially when it is found from his evidence which has not been challenged that his marriage with the minor was. consummated three years ago. The respondents have no objection to restore custody. They have endorsed on the petition to that effect. I therefore order the custody of the minor to the petitioner. The parties shall bear their own costs.3. The respondents to the original petition were the girl's sister and her husband. Along with this revision petition an application for stay of the custody order was admitted and ...
Tag this Judgment!Gorachand Das Vs. Nitai Das and anr.
Court : Kolkata
Reported in : AIR1951Cal308
ORDERSen, J.1. This is a Reference by the Sessions Judge of Midnapore against an order of acquittal passed at a summary trial by Sri T. S. Dutta, Magistrate, First Glass, Midnapore.2. In all my experience as a Judge and as a lawyer I have never come across a reference of this description. The learned Judge seems to have no idea of the provisions relating to summary trials, nor does he seem to have any idea of the fact that acquittals are not to be lightly interfered with. The accused were tried for having committed offences punishable under the Cattle-trespass Act and for causing hurt. The offences were obviously trivial and I find it difficult to understand why in a trivial case like this the time of this Court should be wasted by a reference made for setting aside an order of acquittal. The main complaint of the learned Judge is that the Magistrate has not written a judgment when acquitting the accused. If he had taken the trouble to understand the provisions of Section 263, Criminal...
Tag this Judgment!Gangaram Nanhoosingh Vs. the Crown
Court : Mumbai
Reported in : AIR1950Bom9; 1950CriLJ244
ORDERHemeon Ag. C. J.1. The applicant Gangaram 16 years, was convicted Under Section 376, Penal Code by the Additional District Magistrate, Narsingpur, who ordered him to be detained in the Borstal Institute at Narsingpur for a period of 3 years; and his appeal was dismissed by the Additional Sessions Judge, Narsingpur. He has now come up in revision to this Court.2. The prosecution case was, briefly stated, as follows. At about sunset on 20th May 1918, Sukko (P.W. 3), a 7 year old girl, had with Moslem females of the village, via, Singhpur, Narsinghpurtahsil, gone to the river for the immersion of sahra and while they were preoccupied with that ceremony, the went to ease herself behind bushes in the vicinity. When she returned, the females had gone to their houses and she accordingly set out for homo alone. On the way, the applicant met her, lifted her up, took her to a pit in the bed of the river and raped her. He left her there unconscious and went away.3. When she regained her sens...
Tag this Judgment!Than Singh and ors. Vs. Rex
Court : Allahabad
Reported in : AIR1950All93
Bind Basni Prasad, J.1. This appeal arises out of a case under Section 402, Penal Code and Section 19(f), Arms Act. There are four appellants -- Than Singh, Durga, Chiranji and Phagni. They have been sentenced to three years' rigorous imprisonment each under Section 402, Penal Code and Than Singh has in addition been sentenced to six months' rigorous imprisonment and a fine of Rs. 100 or in default to three months' rigorous imprisonment under Section 19(f), Arms Act.2. It appears that on 23rd February 1947 Sub-Inspector Riasatullah Khan of police station Dadon, district Aligarh received information that certain persons were going to assemble for the purpose of committing a dacoity. He took some police force with* him and went to the place known as Sarak-ka Nagla. The police party divided itself into different groups and they arranged themselves in appropriate positions. When darkness set in, a number of persons including the four accused came to a grove near the canal armed with a gun....
Tag this Judgment!Melarkode Bank Ltd. and ors. Vs. Damodaraswami Naidu and anr.
Court : Chennai
Reported in : AIR1950Mad34
ORDERMack, J.1. The petitioners are decree-holders in the Sub-Court, Coimbatore. These petitions raise an interesting point of rateable distribution. There were five decrees against the same judgment-debtor, two obtained in the Tiruppur District Munsif's Court and three in the Sub-Court, The decree-holder in the Tiruppur District Munsif's Court in O. S. No. 494 of 1944, who is respondent 2, first got some immovable property sold and Rs. 4915 which was realised was brought into the District Munsif's Court. The other decree-holder in the District Munsif's Court got his decree in O. S. No. 65 of 1945 transferred to the Sub-Court for execution, for what reason it is neither disclosed nor material, and attached the same immovable property--it was then disclosed that it had already been sold by the District Munsif. The Sub-Court acting under Section 63, Civil P. C., sent for the amount which was received by it on 7th September 1946. Prior to the receipt of this money in the Sub-Court, the th...
Tag this Judgment!Thiruvendipuram Dorairajam Nayanim Varu and ors. Vs. Vemaswami Rama Na ...
Court : Chennai
Reported in : AIR1950Mad47
Horwill, J.1. A fairly simple question has been raised by the appellants, although it has been argued with considerable vehemence by their learned Advocate. A mortgage was executed by a mother and two sons; and mortgage decrees, preliminary and final, were passed against them. The hypotheca was brought to sale; but as it was insufficient to discharge the mortgage debt, an application was put in under Order 34, Rule 6, Civil P. C., for a personal decree against the two sons. Amongst other pleas, they stated that various payments had been made and that nothing remained due. Their objections were overruled and a personal decree was passed against the sons for the amount that the plaintiff claimed. In due course, execution was taken out; but by the time with which we are concerned both the sons had died and their legal representatives brought on record. The latter raised no objection to being brought on record as legal representatives; but when the decree was transmitted to another Court f...
Tag this Judgment!Ganapathi Subramania Ayyar (Minor) and anr. Vs. Alloor Gopalaswami Nai ...
Court : Chennai
Reported in : AIR1950Mad98
Subba Rao, J.1. This appeal raises an interesting point of law under the Madras Agriculturists' Relief Act, namely, whether a debtor could get a refund of the excess amounts paid by him to the creditor subsequent to 1st October 1937. The facts are fully and accurately stated in the judgment of the lower Court and it is not necessary to restate them except to the extent necessary for appreciating the point of law raised in the appeal.2. Gopalaswami Naidu (defendant 1) executed a mortgage dated 1st October 1918 for a sum of Rs. 1900 in favour of Muthia and Subramania. Plaintiffs 1 and 2 are the sons of Muthiah. Plaintiffs 3 to 6 are the sons of Subramania. They instituted O. S. NO. 45 of 1934 on the file of the Court of the Subordinate Judge of Ramnad at Madura to enforce the said mortgage along with another mortgage with which we are now not concerned and obtained a preliminary decree on 25th January 1936. The final decree was passed on 31st March 1937. The decree-holders brought some o...
Tag this Judgment!The Melarkode Bank Ltd. and ors. Vs. Damodaraswami Naidu and anr.
Court : Chennai
Reported in : (1949)2MLJ403
Mack, J.1. The petitioners are decree-holders in the Sub-Court, Coimbatore. These petitions raise an interesting point of rateable distribution. There were five decrees against the same judgment-debtor, two obtained in the Tiruppur District Munsiff's Court, and three in the Sub-Court. The decree-holder in the Tiruppur District Munsiff's Court in O.S. No. 494 of 1944, who is the second respondent, first got some immoveable property sold and Rs. 4,915 which was realised was brought into the District Munsiff's Court. The other decree-holder in the District Munsiff's Court got his decree in O.S. No. 65 of 1945, transferred to the Sub-Court for execution, for what reason it is neither disclosed nor material, and attached the same immoveable property. It was then disclosed that it had already been sold by the District Munsiff. The Sub-Court acting under Section 63, Civil Procedure Code, sent for the amount which was received by it on 7th September, 194.6. Prior to the receipt of this money i...
Tag this Judgment!Pasupati Banerji Vs. the King
Court : Kolkata
Reported in : AIR1950Cal97
Sen, J.1. This Rule has been obtained by one Pashupati Banerjee praying that certain proceedings against him should be quashed.2. The facts giving rise to this Rule may be briefly stated as follows : On 19th July 1948, the petitioner Pashupati Banerjee wrote a letter to the Chairman of the Kamarhati Municipality objecting to the inclusion of the name, Sri Sushil Kumar Mukherjee in the preliminary Electoral Roll. In his letter, the petitioner asserted that he had come to know after an informal enquiry that Sushil Kumar Mukherjee did not pay in-come-tax, that therefore he could not claim to be a voter and that his name should be struck off if it was found after necessary enquiry that he did not pay the income-tax. Copies of the letter to the Chairman were sent to various persons amongst whom was the Sub-Divisional Officer of Barrackpore. With the copy was sent the following observation:'With a request to look into the matter seriously and call for from the Income-tax Officer necessary in...
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