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Tunda Vs. Rex
Court : Allahabad
Reported in : AIR1950All95
Bind Basni Prasad, J.1. Tunda, aged twenty-four years, a resident of village Jaoli, district Mathura, was sent up by the police under Section 304, Penal Code for having caused the death of one Munshi. Learned Sessions Judge, however, acquitted him of that charge but convicted him under Section 304A, Penal Code for having rashly caused the death of Munshi. The question is whether or not the appellant was guilty of a rash and negligent act within the meaning of S. 304A.2. The prosecution case was that the appellant and Munshi were fond of wrestling and on the morning of 13th May 1947, the appellant invited Munshi to the akhara in Kanhaiya's bagichi for a wrestling bout. They wrestled there. It is alleged that after sometime the deceased said that he would not wrestle any more and went to adjoining chabutra where he began to put on his dhoti. The prosecution goes on to say that the appellant then caught hold of him and threw him down on the hard ground with head downwards with the result ...
Tag this Judgment!Krupasindhu Panigrahi Vs. Rex
Court : Orissa
Reported in : AIR1951Ori277
ORDERPanigrahi, J.1. The petnr. was served with a notice under Schedule 12, Cr. P. C., to show cause why he should not be directed to execute a bond to be of good behaviour under Schedule 10, Cr. P. C. for a period of three years. Along with the petnr. two other persons were also impleaded & served with similar notices & an enquiry M. c. No. 647/47 was started against the three persons by the Sub-divisional Mag., Ghumusur. The Police filed a report under Section 110 (d), (e) & (f), Cr. P. C. against these three persons on 24-9-47 & cited 84 instances of acts of misbehaviour & offences alleged to have been committed or threatened to have been committed by one or the other of the persons named in the report covering a period of over twelve years commencing from 1935. The Police also cited 140 witnesses to be examined to prove the various acts of high-handedness alleged to have been committed at different times by these persons. The Mag. drew up proceedings on the 4th November in the foll...
Tag this Judgment!Kotrike Venkata Ramiah Chetty Vs. Chinna Pulliah and anr.
Court : Chennai
Reported in : AIR1950Mad41
Raghava Rao, J.1. This second appeal arises out of a suit for recovery of money on foot of failure of consideration for a transfer in favour of the father of the plaintiffs of a certain mortgage right. The defendant against whom the Courts below have decreed the suit is the transferor of the mortgage right.2. The facts relevant to the determination, of the two questions of law which have been, argued before me lie in a short and narrow compass. One Karnam Appiah effected a simple mortgage of certain properties in favour of one Ranga Reddi in 1929, having become the owner thereof by a sale-deed from the original owner Sitaveerayya. In 1934 Ranga Reddi transferred the mortgage right to the defendant who in his turn transferred it later to the plaintiff's father, one Baliah. After Baliah's death the plaintiffs obtained a decree against the original mortgagor, Appiah, and in execution purchased the hypotheca themselves. The sale was duly confirmed and full satisfaction of the decree record...
Tag this Judgment!Koti Darbar Vs. Ram Chand
Court : Himachal Pradesh
Reported in : 1950CriLJ160
Bennerji, J.C.1. Under Section 24 of the Koti State Courts Act. corresponding to Section 417, Criminal P.C., the Koti caber directed the Public Prosecutor to present an appeal to the Court of the Chief Judicial Officer at Kasumpti against an order of the Magistrate, First Class, Sanjauli (Koti State) dated 21st December 1946, acquitting the respondent, Earn chand, of an offence Under Section 411, Penal Code, Ad appeal was accordingly presented and was pending in the Court of The Chief Judicial Officer at Kasumpti.2. By virtue of the Notification No. J-79-I5/48, lated 14th January 1919, this appeal has been transferred to the Judicial Committee for disposal.3. On 8th- October 1945, the manager of a Hotel in Simla reported to the police that several iheffca had taken place in the hotel during the j light of 7th October 1945. On 9th October 1945, he respondent was arrested by the Simla police on suspicion. On 11th October, the respondent vas taken to Sanjauli in Eoti State for discovery o...
Tag this Judgment!Emperor Vs. Khuma Arjun
Court : Mumbai
Reported in : AIR1950Bom75
Chainani, J.1. These are four appeals by the Government of Bombay. The accused in these four cases were prosecuted under Section 178 (3), Bombay Municipal Boroughs Act. The charge against them was that, in contravention of Sub-section (1) of Section 178, they had used certain lands for stabling cattle for the purpose of trading in milk without obtaining licenses from the Municipality. The sanction for the prosecution of these four accused was given by the standing committee of the Municipality. Under Section 68 (a), Bombay Municipal Boroughs Act, the Ahmedabad Municipality has made a rule No. 73 by which the sanitary committee has been declared to be the controlling and executive committee in all matters relating to the departments of public health, sanitation, conservancy and removal of nuisances. It was, therefore, contended before the learned Magistrate that sanction for the prosecution of the accused should have been given by the sanitary committee, and that the standing committee ...
Tag this Judgment!K. Devarajulu Naidu Vs. C. Ethirajavathi Thayaramma by Power-of-attorn ...
Court : Chennai
Reported in : AIR1950Mad25
Rajamannar, C.J.1. This application for the issue of a writ of certiorari arises out of a petition filed by respondent 1 before the Rent Controller, Madras, for eviction of three persons, of whom the petitioner before us is one. Respondent 1 is the owner of house No. 210, Govindappa Naicken Street, George Town, Madras. It is common ground that this house was let by respondent 1 to a firm called 'Devarajulu Naidu & Co.,' which consisted of these three persons as partners. This partnership firm was dissolved sometime in 1943 and thereafter no fresh business was done, but the affairs of the partnership were wound up. By 14th November 1946 the winding up was completed and accounts were finally settled. Meanwhile on 15th March 1944 respondent 1 purported to terminate the tenancy by notice to quit and followed up the notice with a suit for eviction in the Court of Small Causes (S. No. 252 of 1944). That suit was dismissed on 16th August 1944 and respondent l was directed to obtain relief fro...
Tag this Judgment!K. Devarajulu Naidu Vs. C. Ethirajavalli Thayaramma, by Power-of-attor ...
Court : Chennai
Reported in : (1949)2MLJ423
P.V. Rajamannar, C.J.1. This application for the issue of a writ of certiorari arises out of a petition filed by the first respondent before the Rent Controller, Madras, for eviction of three persons,of when the petitioner before us is one. The first respondent is the owner of house No. 210, Govindappa Naicken Street, George Town, Madras. It is common ground that this house was let by the first respondent to a firm called ' Devarajulu Naidu & Co.' which consisted of these three persons as partners. This partnership firm was dissolved sometime in 1943 and thereafter no fresh business was done, but the affairs of the partnership were wound up. By 14th November, 1946, the winding up was completed and accounts were finally settled. Meanwhile on 15th March, 1944, the first respondent purported to terminate the tenancy by notice to quit and followed up the notice with a suit for eviction in the Court of Small Causes (Suit No. 252 of 1944). That suit was dismissed on 16th August, 1944 and the...
Tag this Judgment!Shree Meenakshi Mills Limited Vs. the Provincial Textile Commissioner
Court : Mumbai
Reported in : (1950)52BOMLR12
Madhavan Nair, J.1. This is an appeal by special leave from a judgment and order of the High Court of Judicature at Madras in its civil appellate jurisdiction, dated April 23, 1946, which affirmed a judgment and order of the said High Court in its original civil jurisdiction, dated March 29, 1946.2. The appeal arises out of an application to the High Court of Madras made by the appellant, the Sree Meenakshi Mills, Limited, under Section 45 of the Specific Relief Act, 1877, against the respondent, the Provincial Textile Commissioner, Madras. It concerns the validity of certain seizures made by the respondent of yarn belonging to the appellant.3. The material provisions of Section 45 of the Specific Relief Act are as follows : 45. Any of the High Courts of Judicature at Fort William, Madras and Bombay, may make an order requiring any specific act to be done or forborne, within the local limits of its ordinary original civil jurisdiction, by any person holding a public offce, whether of a...
Tag this Judgment!In Re: C.V. Rajagopalachari
Court : Chennai
Reported in : AIR1950Mad27
Panchapakesa Ayyar, J.1. This is an appeal by one Mr. C. V. Rajagopalachari who has been convicted by the Chief Presidency Magistrate under Section 18, Press (Emergency Powers) Act 1931 for having published an unauthorised 'news-sheet' entitled 'Save the country from the totalitarianism', which is a pamphlet or tract of four pages without any cover. Copies of this pamphlet or news-sheet, he sent to the Prime Minister of India, the President, Indian National Congress, and also, according to him, to every Minister o the Congress Government in Madras and every prominent Congressman, besides public men and institutions of standing; and also sent a copy to the 'Baltimore Sun', in the United States of America. He enclosed copies of a prior pamphlet ''Creed and Camouflage in Congress politics' when sending this second pamphlet. He has been sentenced to pay a fine of Rs. 250 and, in default, to rigorous imprisonment for six weeks. After an elaborate discussion, the Chief Presidency Magistrate ...
Tag this Judgment!Province of Madras, Represented by the Collection of Tanjore Vs. Sri V ...
Court : Chennai
Reported in : AIR1950Mad95
Raghava Rao, J.1. This second appeal raises out of a suit by the Sri Vedaraniaswaraswami Devastanam at Vedaraniam for a declaration against the Province of Madras represented by the Collector of Tanjore as defendant 1 that a portion of the Sannadhi street in the village of Vedaraniam had been wrongly assigned by the first defendant to the second and for recovery of possession of the street property from defendant 2 after removing the structures built upon it by him pursuant to the assignment. The plaintiff claimed to be the grantee of the entire village in inam from a Tanjore King of old under a grant which has not been produced but which, as appears from the inam title deed, was confirmed by the British Government in 1863. The plaintiff accordingly urged that the reversionary title to the street which was one dedicated to the public including, the villagers was all along vested in it. 2. Defendant 2 based his title on an assignment made to him by defendant 1 after its conversion into ...
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